25-00010 RFP Nooksack sediment study.docx

STATE OF WASHINGTON

DEPARTMENT OF FISH AND WILDLIFE

REQUEST FOR PROPOSALS 25-00010

PROJECT TITLE: North Fork and Middle Fork Nooksack Chinook Egg-Fry Survival Study

EXPECTED TIME PERIOD FOR CONTRACT: July 15, 2025, through June 30, 2027

ESTIMATED PROCUREMENT SCHEDULE (all times given are for Pacific Time, schedule may be adjusted if necessary):

RFP Release: May 30, 2025 Pre-Bid Conference: June 23, 2025, from 4:00pm-5:00pm PST Questions from Bidders Due (email only): June 27, 2025, by 4:00 p.m. PST Responses to Bidder questions (email only): Not later than noon on July 01, 2025 Bidder Proposals Due (email only): July 15, 2025, by 4:00 p.m. local time for Olympia WA Apparent Successful Bidder(s) announced: On or about July 18, 2025 BIDDER ELIGIBILITY: This procurement is open to those bidders who satisfy the minimum qualifications stated herein and are available for work in Washington State. Disadvantaged, Minority and Women Owned Business Enterprises are encouraged to apply.

SUPPLIER DIVERSITY: WDFW is issuing this Solicitation pursuant to RCW 39.26. Pursuant to this Solicitation, WDFW intends to conduct a competitive procurement to award a contract estimated to be valued at $150,000 or more. Because it is estimated to be $150,000 or more, a preference of 5% will be given to any responsive and responsible bid from a Small Business or Veteran-Owned Business. This preference will be applied as a 5% addition to the overall score of the proposal.

CONTENTS OF THE REQUEST FOR PROPOSAL

WDFW RFP 25-00010 Page 1 of 15 Exhibits:

If any bidder does not comply with any part of this RFP their entire quote and qualifications may be rejected as non-responsive.

The Purpose of this procurement is to solicit bids to complete a sediment and scour study on the North and Middle Forks of the Nooksack River. WDFW may amend this contract to add additional work subject to mutual agreement with the selected contractor(s).

WDFW has $265,000 budgeted for this work through June 30, 2027.

b. Background Information.

The NF Nooksack Chinook salmon population was listed as threatened under the Endangered Species Act in 1999 (64 FR 14308) and has not recovered to sustainable population abundance or productivity thresholds. Habitat degradation is widely considered the main source of population decline (Nehlson et al. 1991; WRIA 1 SRB 2005) and, as a result, habitat restoration efforts are ongoing across the basin to improve conditions for spawning, rearing, migration, and overall survival. WRIA 1 co-managers (Lummi Nation, Nooksack Indian Tribe, and WDFWD) established a salmon recovery plan in 2005 to increase abundance and productivity of native Chinook populations in the Nooksack basin. The recovery plan included the development of an Ecosystem Diagnosis and Treatment (EDT) model that incorporated habitat conditions into population assessments through the identification of factors that may be limiting recovery. Results of EDT modeling showed that scouring of redds in which eggs are deposited and fertilized, high flows during egg incubation, and low flows/high temperatures during spawning likely have the largest impact on Chinook survival in the NF Nooksack (WRIA 1 SRB 2005). Additional studies support that survival after the egg incubation period to post-hatching may be the most impactful limiting factor of all life stages in anadromous Pacific salmonids (Lisle and Lewis 1992; WRIA 1 SRB 2005; Jensen et al. 2009; Roni et al. 2016). The need to collect data and quantify these impacts for our local Chinook populations remains a key data gap in the ongoing process of salmon recovery.

c. Anticipated timeline.

The successful bidder will be expected to begin working on the tasks outlined in this RFP on or around July 21st, 2025.

2. MANDATORY AND DESIRABLE QUALIFICATIONS

· Mandatory Experience/Qualifications Personnel assigned to this work by the bidder must have extensive experience in:

· Measuring sedimentation, scour rates, and other environmental covariates in a river following the methods and design in Johnson et al. (2012), which were expanded upon by Roni et al. (2016). These include but are not limited to temperature and flow.

· Redd construction, Chinook gamete collection and transportation, stocking of artificial redds, downloading temperature loggers, and excavation and recovery of egg boxes and surviving fry, following the methods in Johnson et al. (2024).

· Analyzing data and writing up results in an annual report and/or a peer-reviewed manuscript.

· Communicating results with a wide range of stakeholder

· Ability to work with landowners to identify sites in the river

· Highly Desirable Experience and Qualifications for Bidder Personnel Assigned to Work

· History of successful collaboration with governmental agencies (federal, state, tribal)

· Supplier Diversity WDFW is issuing this Solicitation pursuant to RCW 39.26. Pursuant to this Solicitation, WDFW intends to conduct a competitive procurement to award a contract estimated to be valued at $150,000 or more. Because it is estimated to be $150,000 or more, a preference of 5% will be given to any responsive and responsible bid from a Small Business or Veteran-Owned Business. This preference will be applied as a 5% addition to the overall score of the bid. The following definitions apply:

· SMALL BUSINESS – A Washington State business, including a sole proprietorship, corporation, partnership or other legal entity, that (a) self-certifies in WEBS that it is owned and operated independently from all other businesses and has either: (i) fifty or fewer employees; or (ii) a gross revenue of less than seven million dollars annually as reported on its federal income tax return or its return filed with the Washington State Department of Revenue over the previous three consecutive years; or (b) is certified with the Washington State Office of Women and Minority Business Enterprises under chapter 39.19 RCW.

· VETERAN-OWNED BUSINESS – A veteran-owned business certified as such by the Washington State Department of Veteran Affairs.

· WEBS - the Washington Electronic Business Solution (WEBS) system; the procurement announcement system for Washington State government.

The Bidder is responsible to ensure that proposed Bidder staff are committed and available until the completion of the contract. Any quote and qualifications by the Bidder for changes, replacement, or substitution of contract staff during the duration of the contract must be submitted to WDFW. WDFW shall have the sole discretion to accept or reject such quote and qualifications. In no event shall such changes in Bidder staff take effect without WDFW’s written consent.

3. RFP COORDINATOR

The RFP Coordinator is the sole point of contact in the WDFW for this procurement. All communication between bidders and WDFW upon receipt of this RFP shall be with the RFP Coordinator, as follows:

Contracts and Purchasing

4. INSTRUCTIONS TO BIDDERS

All required documents must be submitted to the RFP Coordinator by e-mail by the times and dates in this RFP. Bidders are responsible for the means of delivery of all documents to ensure receipt by the RFP Coordinator by the required dates and times.

4.1 Quote and Qualifications Contents

See Exhibit A, Checklist for Responsiveness, for a list of all documents that must be submitted as a part of a bidder’s quote and qualifications. All bids submitted in response to this RFP shall consist of the following documents:

a. A cover letter of no more than 400 words, signed by a person authorized to bind the proposing organization to a contract, summarizing the most important elements of the quote and qualifications.

b. Exhibit B, Certification and Assurances, signed by a person authorized to bind you or your organization to a contract.

c. Exhibit C, Vendor Certification Executive Order 18-03, signed by a person authorized to bind you or your organization to a contract.

d. Exhibit D, Bidder Questionnaire, completed by your organization; and

e. Exhibit E, Bidder Profile, completed by your organization

4.2 Proposal Format

One copy of the complete proposal must be submitted by the Bidder to the RFP Coordinator electronically using Microsoft Word, Excel or portable document format (pdf). Any documents which require an official signature should be submitted in pdf.

4.3 Proprietary Information

Clearly mark any portion(s) of your quote and qualifications which contains proprietary information. You may not mark the entire quote and qualifications as proprietary. If your quote and qualifications is successful, and WDFW receives a request to view or copy your quote and qualifications, WDFW shall respond according to public disclosure procedures described in this RFP. However, if any information in your quote and qualifications is marked as proprietary, WDFW shall not make that portion available without giving you an opportunity to seek a court order preventing disclosure.

4.4 Pre-Bid Conference and Vendor Questions

Bidders wishing to submit a proposal for this procurement may attend an optional Pre-Bid Conference on June 23, 2025, from 4-5pm, local Olympia WA time. This conference will be held virtually via a Microsoft Teams meeting; the link to this meeting is below:

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Specific questions concerning the procurement should be submitted in writing to the Procurement Coordinator by 12:00, noon on June 27, 2025, so that representatives of WDFW may prepare preliminary answers in advance of the conference. Additional questions will be entertained at the conference; however, responses may be deferred and provided later. Any oral answer given at the conference is to be considered as tentative. All questions submitted prior to or discussed during the conference will be researched and the official answers published to the WEBS as an amendment to this procurement by noon on July 1, 2025. This will assure accurate and consistent responses to all Bidders. Only the written answers will be considered official.

4.5 Delivery of Proposals

Send complete quote and qualifications to the RFP Coordinator at the email address specified in Section 3 of this RFP. Email transmission is required.

Proposals must be received by the RFP Coordinator no later than 4:00 p.m. local time for Olympia WA on July 15, 2025. Late quotes and qualifications will not be accepted and shall automatically be disqualified from further consideration.

WDFW assumes no responsibility for delay in transmission of quotes and qualifications. WDFW will use the “time stamp” on the email as the official time of receipt. Time extensions will not be granted.

4.6 Procurement Complaint Process

Bidders considering submitting a bid or quote and qualifications in response to any request for bids, request for qualifications, Request for Quotes and Qualifications or any solicitation for goods and services under RCW 39.26 may submit complaints regarding a particular solicitation to the WDFW solicitation point of contact. Bidders may submit a complaint on the following for any solicitation:

· The solicitation unnecessarily restricts competition

· The solicitation evaluation or scoring process is unfair or flawed; or

· The solicitation requirements are inadequate or insufficient to prepare a response.

All complaints submitted under this process must:

· Be in writing

· Be received by the WDFW solicitation point of contact by e-mail not later than five business days before the Bidder’s response to a solicitation is required to be submitted to WDFW.

· Clearly articulate the basis for the complaint; and

· Include a proposed remedy.

WDFW will respond to complaints in writing and post the response (and any changes to the solicitation required by the response) on WEBS. Bidders may not appeal the response or raise the same complaint during any protest period.

4.7 Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for:

· Properly registering with Washington’s Electronic Business Solution (WEBS) at www.des.wa.gov , and maintaining an accurate Bidder profile in WEBS.

· Downloading the RFP packet consisting of the RFP, all Appendices, and incorporated documents related to the RFP for which you are interested in Bidding.

· Downloading all current and subsequent Amendments to the RFP to ensure receipt of all RFP documents.

Notification of Amendments to the RFP will only be provided to those Bidders who have registered with WEBS and have downloaded the RFP from WEBS. Failure to do so may result in a Bidder having incomplete, inaccurate, or otherwise inadequate information and Bid.

5. EVALUATION AND AWARD PROCEDURES

5.1 Evaluation Team

A team will be formed to evaluate quotes and qualifications. The team will be composed of individuals with technical and/or financial backgrounds. WDFW will evaluate the quotes and qualifications for compliance with procedural requirements.

5.2 Information Used For Evaluation

The evaluation team will use the information in the Bidder Questionnaire, information gathered from Bidder’s references and cost proposal. No other information will be supplied to or used by the evaluation team. The following weighting and points will be assigned to the bid for evaluation purposes:

5.3 Evaluation Process

WDFW will evaluate the bidders’ quotes and qualifications through the following process:

The following weighting will be used to evaluate the Quotes and Qualifications:

WDFW will notify all bidders via WEBS and e-mail of the selection of Apparently Successful Bidder.

6. GENERAL PROVISIONS

6.1 Public Disclosure

Quotes and qualifications shall become the property of WDFW. All public records of the WDFW are available for disclosure except: “Competitive procurement instruments, such as a Request for Quotes and Qualifications or an invitation for bids, prior to the release to potential respondents/bidders; quotes, qualifications, and bids received in response to competitive contract procurement instruments until either the public response to the competitive contract procurement instruments until either the opening of bids or, for quotes and qualifications, the Contractor and the department have signed the contract.”

WDFW will not disclose RFP records until the announcement of the apparent successful bidder. At that time, all information about the competitive procurement is disclosable with the exception of the portion(s) of the any quotes and qualifications designated proprietary until the respondent/bidder has an adequate opportunity to seek a court order preventing disclosure.

WDFW may charge for copying and shipping any copies of material requested – contact WDFW for estimate of cost. WDFW will not charge a fee for inspection of RFP or contract files. Address requests for copying or inspecting materials to the RFP Coordinator.

6.2 Costs for Quote and Qualifications Preparation

WDFW will not be liable for any costs or liabilities incurred by the Bidder associated with the preparation of the quote and qualifications in response to this RFP.

6.3 Waiver of Minor Irregularities

WDFW reserves the right to waive minor irregularities contained in any quotes and qualifications submitted in response to this RFP.

6.4 Right to Reject All Quotes and Qualifications

WDFW may, at any time at its sole discretion and without penalty, reject any and all quotes and qualifications and issue no contract as a result of this RFP.

6.5 Authority to Bind WDFW

Only the Director of WDFW and his/her designated representatives may legally commit WDFW to contracts. The Bidder shall not incur, and WDFW shall not pay, any costs incurred before a contract is fully executed.

6.6 Contract Terms

The Apparently Successful Bidder will be required to sign a contract which contains general terms and conditions substantially the same as those included with this RFP as Exhibit E. The contract will also incorporate this RFP and the successful quote and qualifications.

WDFW RFP 25-00010 Page 9 of 15

7. DEBRIEFING AND PROTEST PROCEDURES

7.1 Debriefing of Unsuccessful Proposers

Bidders that have submitted a quote and qualifications that was not selected will be given the opportunity for a debriefing conference. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the Notification of Unsuccessful Bidder award letter is sent electronically to the Bidder. The debriefing must be held within three (3) business days of the request.

Discussion will be limited to a critique of the requesting Bidder’s quote and qualifications. Comparisons between quotes and qualifications or evaluations of the other quotes and qualifications will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

7.2 Protest Procedures

RCW 39.26.170 requires WDFW to have a clear and transparent complaint process that allows bidders to submit protests after the announcement of the apparent successful bidder (ASB). The purpose of this process is to allow WDFW to correct evaluation process errors and problems before a contract is executed. After the announcement of the ASB, the WDFW solicitation point of contact must offer a debriefing conference to any bidder upon request. Bidders must request a debriefing conference within three (3) business days after the ASB is announced. In order to submit a protest for a solicitation:

· The bidder must have submitted a response for that solicitation;

· The bidder must have participated in a debriefing conference for that solicitation;

· The protest must be received by the WDFW solicitation point of contact by e-mail or letter within (5) business days after the bidder’s debriefing conference; and

· The protest must be in writing and clearly articulate the basis for the protest.

Bidders may submit a protest on the following issues for a solicitation:

· A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

· Errors in computing the scores; or

· Non-compliance with procedures described in the procurement document or agency protest process.

The WDFW Chief Financial Officer is responsible for investigating and responding to the protest in writing within 10 business days from receipt of the protest, unless additional time is needed. If additional time is needed the WDFW Chief Financial Officer will notify the protesting bidder within 10 business days from receipt of the protest. The WDFW Chief Financial Officer’s decision regarding a protest is final.

Exhibit A

CHECKLIST FOR RESPONSIVENESS

· A cover letter of no more than 400 words, signed by a person authorized to bind the proposing organization to a contract, summarizing the most important elements of the quote and qualifications.

· A signed copy of the Certifications and Assurances document (Exhibit B), signed by a person authorized to bind you or your organization to a contract.

· A signed copy of the Vendor Certification Executive Order 18-03 document (Exhibit C), signed by a person authorized to bind you or your organization to a contract.

· Your company’s response to Bidder Questionnaire (Exhibit D); and

· RFP 25-00010 is in the subject line of emailed proposals

· A completed Bidder Profile (Exhibit E). including information about subcontractors.

Exhibit B

CERTIFICATIONS AND ASSURANCES

We make the following certifications and assurances as a required element of submitting this Quote and Qualifications, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the solicitation are conditions precedent to the award or continuation of the resulting contract.

1. We have read, understand, and agree to abide by all information contained in the solicitation, all Exhibits, and incorporated documents.

2. The attached Quote and Qualifications is a firm offer for a period of 90 days following the Quote and Qualifications Due Date specified in the solicitation, and it may be accepted by WDFW without further negotiation (except where obviously required by lack of certainty in key terms) at any time within this period. In the case of a protest, our Quote and Qualifications will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.

3. In preparing this Quote and Qualifications, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the state's solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Quote and Qualifications. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

4. We understand that the state of Washington will not reimburse us for any costs incurred in the preparation of this Quote and Qualifications. All Quotes and Qualifications become the property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Quote and Qualifications. Submittal of the attached Quote and Qualifications constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the solicitation.

5. We understand that any Contract awarded as a result of this Quote and Qualifications will incorporate all solicitation requirements. Submittal of a Quote and Qualifications and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in the solicitation, all Exhibits, and incorporated documents if selected as a Contractor. It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the solicitation, all Appendices, and incorporated documents of this solicitation.

6. By submitting this Quote and Qualifications, we hereby offer to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this solicitation.

7. We are not submitting any exceptions.

8. That neither we nor our “principals” (as defined in 49 CFR 29.105) are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency, or the state of Washington.

9. That we have NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the solicitation date.

I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

SIGNATURE OF PROPOSER

PLACE OF SIGNATURE

TITLE DATE

Exhibit C VENDOR CERTIFICATION EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS WASHINGTON STATE GOODS & SERVICES CONTRACTS Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 1803 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), the Washington Department of Fish and Wildlife will evaluate bids for best value and provide a bid preference in the amount of 3% to any bidder who certifies, pursuant to the certification below that its firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

I hereby certify, on behalf of the firm identified below, as follows (check one):

· NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

· MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This firm requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

I HEREBY CERTIFY, UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON, THAT THE CERTIFICATIONS HEREIN ARE TRUE AND CORRECT AND THAT I AM AUTHORIZED TO MAKE THESE CERTIFICATIONS ON BEHALF OF THE FIRM LISTED HEREIN.

FIRM NAME: _____________________________________________________

NAME OF VENDOR – PRINT FULL LEGAL ENTITY NAME OF FIRM

dba, if applicable ____________________________________________________ By: __________________________________

SIGNATURE OF AUTHORIZED PERSON

Title: ________________________________

TITLE OF PERSON SIGNING CERTIFICATE

Date: ________________________________

PRINT NAME OF PERSON MAKING CERTIFICATIONS FOR FIRM

Place: ________________________________ PRINT CITY AND STATE

Exhibit D

Bidder Questionnaire Instructions to Bidders: Please ensure that you have included the following information in your response, as these are the items that will be used to evaluate your response:

1. Approach and Methodology In 5 or fewer pages, provide a complete description of the Bidder’s proposed approach and methodology for the project. This section should convey the Bidder’s understanding of the proposed project and must address resources proposed for use in the project.

2. Project Plan and Schedule In 5 or fewer pages, provide a detailed project plan and schedule to complete the Scope of Work. This section must contain sufficient detail to convey to members of the evaluation team the Bidder’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of WDFW staff. The Bidder may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation. Fully describe deliverables to be submitted under the proposed contract.

3. Proposed Staff Experience and Qualifications Identify Contractor staff who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project. Described the proposed Contractor staff’s experience as it relates to the Mandatory and Desirable section listed above.

Provide a résumé for each staff person submitted for this project. If any staff are currently or previously employed by Washington State during the last 24 months please identify the agency, the position and separation date.

If any staff are currently or previously employed by Washington State during the last 24 months please identify the agency, the position and separation date.

4. Cost Proposal Provide a cost proposal for each location for which you are submitting a proposal that identifies all costs. The proposed cost must include all costs necessary to provide all deliverables required under this procurement.

Exhibit E

BIDDER PROFILE

COMPANY INFORMATION (for contract administration purposes) Company Name & Address:

Authorized Representative:

Phone:

Email:

Ordering Address:

Payment Address:

Federal Tax Identification Number

WA Dept. of Revenue Universal Business Identifier (UBI) Number*

WA Statewide Vendor Payment Number*

*Required for the vendor providing services resulting from this procurement, but not required to submit a quote and qualifications.

REFERENCES

Provide a minimum of three (3) commercial or government references for which Bidder has delivered goods and/or services similar in scope as described in the RFP.

1. Customer:

Contact:

Phone:

Email:

2. Customer:

Contact:

3. Customer:

Contact:

SUBCONTRACTORS

If applicable, on a separate sheet, identify any subcontractors who will perform services in fulfillment of contract requirements; the nature of services to be performed and include federal tax identification (TIN) number for each subcontractor. If a subcontractor is a minority or women owned business, please include their OMWBE Certification Number (if certified). If necessary, attach additional sheets (please stamp or mark each page with a company name, mark, or initial). Do not include any Social Security Numbers.

The Contractor, by including subcontractor(s) as part of your signed Quote and Qualifications is your agreement to take complete responsibility, contract obligations, and liability for all actions of such subcontractors. All subcontractors are subject to DES approval. DES reserves the right to approve or disapprove any subcontractor.

SALES/CUSTOMER SERVICE

Purchasing Cards Accepted:

|_| Visa |_| Master Card |_| American Express |_| Discover |_| Other:

MINORITY/WOMEN OWNED BUSINESS STATUS

Is your firm a Minority/Women Owned Business? Yes |_| No |_| Office of Minority and Women-Owned Business Enterprises MWBE certification #

VETERAN OWNED BUSINESS STATUS

Is your firm a Veteran Owned Business? Yes |_| No |_| Washington State Department of Veterans Affairs certification #

SMALL BUSINESS STATUS

Is your firm registered as a Small Business in WEBS? Yes |_| No |_|

Exhibit F

GENERAL TERMS AND CONDITIONS

See the inserted document below

Exhibit G

SCOPE OF WORK

Primary Objectives The methods and design of this study should follow those based on Johnson et al. (2012), which were expanded upon by Roni et al. (2016). The contractor should construct artificial redds in the North and Middle Forks of the Nooksack River using gametes (eggs and milt) collected at the Kendall Creek hatchery from North Fork early (Spring) Chinook salmon. Gametes will be transported to the study sites and fertilization will occur prior to planting. The implementation of artificial redd construction and implanting egg boxes will be a collaborative effort between biologists and technicians from the contractor and WDFW staff. The study will consist of 12 sites, with three redds constructed per site, resulting in 36 artificial redds constructed each year for two years. Three sites will be located in the Middle Fork and nine sites in the North Fork. A scour chain will be installed approximately 1 meter behind each redd. Exact sites will be determined during a planning process throughout 2025. Redds will generally be built across the wetted width of the river channel to assess differences between right, middle, and left channel locations. Several locations exist within the study area that have completed habitat restoration projects, and a subset of those will be included in the project. A preliminary survey will be conducted for specific site selection based on habitat characteristics as well as historical redd density data (i.e., focusing on areas of higher Chinook spawning productivity). Redds will be constructed in areas where naturally occurring salmon spawn and build redds during the study period, or where naturally occurring redds had been previously documented based on co-manager survey data.

The gametes used to fertilize eggs will be collected from hatchery fish as a part of the established Kendall Creek hatchery program and stored according to protocols detailed in Roni et al. (2016). Mating pairs will be established following the current protocols used at the hatchery. Redds will be constructed prior to fertilization so that all 12 sites may be stocked within the same 72-hour period. Each redd will then be stocked with one egg box, containing 100 eggs, and buried approximately 30 cm deep in the gravel. Temperature will be measured using thermal loggers to track temperature units (°C) throughout the study period. The redds will be excavated when a temperature threshold is reached. When egg boxes are retrieved, survival will be measured based by enumerating dead eggs as well as surviving or dead alevin/fry. During egg box retrieval, redd scouring will be measured using scour chains placed in each of the study sites. Sediment accumulated in egg boxes will be brought back to the lab, dried, sieved and fine sediment quantified to help determine the impact of fine sediment on survival. Resulting survival data will be analyzed to determine the impact of environmental variables on redd success. Survival will be estimated by the number of alevin/fry alive in the boxes upon retrieval. Three artificial redd replicates will be maintained at each site to compare within-site variability. Furthermore, between-site variability will compare restoration efficacy (i.e. restored vs. unrestored sites) and location within the river (main channel vs. side channel vs. tributary). Boxes are constructed to ensure that no fry escape and fry and boxes will be removed from the system upon completion of the study to prevent mixing with the natural origin spring Chinook salmon in the Middle and North Forks of the Nooksack River.

Deliverables

image1.emf

Exhibit%20F.docx Exhibit F

GENERAL TERMS AND CONDITIONS

Services Contract

DEFINITIONS

As used throughout this contract, the following terms shall have the meaning set forth below:

1. "AGENCY" or “WDFW” shall mean the Department of Fish and Wildlife of the State of Washington, any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing that AGENCY.

1. "AGENT" shall mean the Director, and/or the delegate authorized in writing to act on the Director's behalf.

1. “CFR” shall mean the Code of Federal Regulations of the United States. All references in the contract to CFR titles or sections shall include any successor, amended or replacement regulation.

1. "CONTRACTOR" shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the CONTRACTOR.

1. “RCW” shall mean the Revised Code of Washington. All references in the contract to RCW chapters or sections shall include any successor, amended or replacement statutes.

1. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is performing all or part of those services under this contract under a separate contract with the CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" means SUBCONTRACTOR(s) in any tier.

ACCESS TO DATA

In compliance with RCW 39.26.180, the CONTRACTOR shall provide access to data generated under this contract to AGENCY, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the CONTRACTOR’S reports, including computer models and methodology for those models.

ADVANCE PAYMENTS PROHIBITED

No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY.

AMENDMENTS

This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

ASSIGNMENT

Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the CONTRACTOR without prior written consent of the AGENCY.

ATTORNEYS’ FEES

In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs.

CONFIDENTIALITY/SAFEGUARDING OF INFORMATION

The CONTRACTOR shall not use or disclose any information concerning the AGENCY, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the AGENCY, or as may be required by law.

CONFLICT OF INTEREST

Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by the AGENT that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. In the event this contract is terminated as provided above, the AGENCY shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of the AGENCY provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the AGENT makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract.

1. COPYRIGHT PROVISIONS

Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCY. The AGENCY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY effective from the moment of creation of such materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCY.

The CONTRACTOR shall exert all reasonable effort to advise the AGENCY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract.

The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR.

COVENANT AGAINST CONTINGENT FEES

The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

DISALLOWED COSTS

The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors.

DISPUTES

Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with AGENT.

1. The request for a dispute hearing must:

1. Be in writing;

1. State the disputed issue(s);

1. State the relative positions of the parties;

1. State the CONTRACTOR’S name, address, and contract number; and

1. Be mailed to the AGENT and the other party’s (respondent’s) contract manager within 3 working calendar days after the parties agree that they cannot resolve the dispute.

1. The respondent shall send a written answer to the requester’s statement to both the agent and the requester within 5 working calendar days.

1. The AGENT shall review the written statements and reply in writing to both parties within 10 working days. The AGENT may extend this period if necessary by notifying the parties.

1. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.

Nothing in this contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution method in addition to the dispute resolution procedure outlined above.

1.

1. DRUG-FREE WORKPLACE

The CONTRACTOR shall comply with the Drug-Free Workplace Act of 1988, 41 USC 701-707, as amended. Compliance with the Drug-Free Workplace Act includes publishing a drug-free workplace statement and establishing a drug-free awareness program for CONTRACTOR employees; and taking actions concerning CONTRACTOR employees who are convicted of violating drug statutes in the workplace. The CONTRACTOR shall provide written notice of a conviction of a Contractor employee of a drug violation in the workplace to WDFW within seven (7) calendar days after the Contractor learns of the conviction.

DUPLICATE PAYMENT

The AGENCY shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses.

FILING REQUIREMENT

The provisions of Chapter 39.26 RCW may require the AGENCY to file this contract as a sole source contract with the Department of Enterprise Services (DES) for approval. If so filed the effective date of this contract is upon DES approval of the contract, the tenth (10th) working day after it is filed with DES, or as agreed between the parties, whichever is later.

1. FINAL INVOICE

The CONTRACTOR shall submit the final invoice not later than 60 calendar days from the end of the contract period.

GOVERNING LAW

This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.

INDEMNIFICATION

To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold harmless State, agencies of State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. “Claim,” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The CONTRACTOR’S obligations to indemnify, defend, and hold harmless includes any claim by the CONTRACTORS’ agents, employees, representatives, or any subcontractor or its employees. The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to the CONTRACTOR’S or any subcontractor’s performance or failure to perform the contract. The CONTRACTOR’S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees.

INDEPENDENT CAPACITY OF THE CONTRACTOR

The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR.

INDUSTRIAL INSURANCE COVERAGE

The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may be required by law, AGENCY may collect from the CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The AGENCY may deduct the amount owed by the CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the AGENCY under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the CONTRACTOR.

INSURANCE

The CONTRACTOR shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor, or agents of either, while performing under the terms of this contract.

The CONTRACTOR shall provide insurance coverage, which shall be maintained in full force and effect during the term of this contract, as follows:

1. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the CONTRACTOR is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.

1. Automobile Liability. In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the CONTRACTOR, automobile liability insurance shall be required.