RFP-South Obenchain Post-Fire Restoration-Herbicide and Tree Planting_JSWCD-SNW.pdf

1- REQUEST FOR PROPOSALS (RFP) South Obenchain #3

REQUEST FOR PROPOSALS (RFP)

South Obenchain #3: Spot Herbicide Treatment and Conifer Planting

TABLE OF CONTENTS

1. Project Background

2. Summary of RFP

3. General Proposal Rules and Specifications

4. Contents and Submittal Instructions

5. Evaluation and Award

6. Attachments:

a. A - Proposal Forms

i. A.1 - Proposer’s Certification and Assurances Form

ii. A.2 - Proposal Specification Form

iii. A.3 - Cost Proposal

b. B – Service Contractor Template

i. Exhibit A: Statement of Work (Specifications for Activity) for Herbicide

Treatment

ii. Exhibit B: Unit Compliance Inspection and Payment - Herbicide Treatment

iii. Exhibit C: Statement of Work (Specifications for Activity) for Tree Planting

iv. Exhibit D: Compliance Inspection and Payment – Tree Planting

v. Exhibit E: Project Vicinity Map

vi. Exhibit F: Unit Descriptions

vii. Exhibit G: Not-to-Exceed Amount

viii. Exhibit H: Landowner Lien Information

ix. Exhibit I: Service Contract Terms

c. C—Attachments: Implementation Requirements

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1. Project Background:

Jackson Soil and Water Conservation District (the “District”) and Sustainable Northwest (“SNW”) [collectively, “the Partners”] are soliciting proposals for the performance of silvicultural land management services on approximately 149 acres of privately owned forestlands in Jackson County (“the Project”). The Project consists of forest stand improvement, brush management, and woody residue treatment.

This is a joint project between the District, an Oregon special district subject to Oregon’s public contracting laws, and SNW, a private non-profit entity. Each partner will contribute separate funding for the shared scope of work described in this Request for Proposals (RFP).

Contractors will submit one proposal for the full Project. The successful Proposer will enter into two contracts (one with each partner) describing the scope of work and compensation under each contract.

Contract terms for each partner are provided in Attachment C. Information about the entire Project, that will be consistent under both contracts, is provided in Exhibits A-H. Direct any questions to the Proposal Coordinator identified in Section 2.3 of this RFP.

2. Request for Proposals (RFP) Summary:

2.1. Proposal Due Date: September 18, 2026

2.2. Proposal Delivery: Each Proposer will prepare one complete Proposal packet for submission according to the Contents and Submittal Instructions (Section 3), including completed forms (see Exhibit A) and photocopies of state/federal Farm Labor Contractors licenses. A Proposal packet completion checklist is provided in Section 3.5 below.

2.3. Proposal Coordinator:

Meghan Montgomery Jackson Soil & Water Conservation District 89 Alder Street, Central Point, OR 97502 541-423-6169 meghan.montgomery@jswcd.org

Questions about this RFP or the proposal process must be directed to the Proposal Coordinator.

Proposers may not contact any other party for information about the Project or this RFP.

2.4. Information Release: The Partners may solicit additional information from any party submitting a proposal in response to this RFP. In accordance with Oregon Public Records Law (ORS 192.311 to 192.431), submitted proposals are public records subject to disclosure unless exempt as provided by law.

2.5. Site Location: The services are to be performed in: Jackson County. See Exhibit E,F – Project Vicinity Map and Unit Descriptions for unit details.

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2.6. Scope of Work: The full Scope of Work is provided in Exhibits A-D. The Contractor shall meet the highest standards prevalent in the industry in which the services are performed.

2.7. Minimum Qualifications and Proposal Specifications:

A. All Proposers must comply with Oregon licensing requirements.

B. Proposers must meet the specifications contained in Attachment A.2 - Proposal Specifications

Form.

2.8 Pre-Proposal Field Tour: A pre-proposal field tour will be held on Friday, September 11. Attendance at the tour is required under this RFP. Please RSVP to the Proposal Coordinator if you plan to attend. An alternate date may be provided at the project manager’s discretion. Please notify the Proposal Coordinator if you are planning to submit a Proposal and are unable to attend on Friday, September 11.

2.9 Schedule of Procurement Activities:

SCHEDULE OF PROCUREMENT ACTIVITIES

ISSUE RFP

DATE RFP IS POSTED IN OREGON JOURNAL OF DAILY COMMERCE AND ON OREGON

BUYS

August 28, PRE-PROPOSAL FIELD TOUR

DATE SCHEDULED FOR PRE-PROPOSAL FIELD TOUR

September 11, DEADLINE FOR SOLICITATION PROTEST September 5, PROPOSAL SUBMISSION DEADLINE

PROPOSALS ARE GENERALLY EVALUATED IMMEDIATELY FOLLOWING THE CONCLUSION OF

THE PROPOSAL ACCEPTANCE PERIOD

September 18, ANNOUNCE SUCCESSFUL PROPOSER

AWARD DATE

September 23, DEADLINE FOR PROTEST OF CONTRACT AWARD September 25, HOLD DEBRIEFINGS

DATE DEBRIEFING CONFERENCES TO BE HELD – IF REQUESTED

September 28, BEGIN CONTRACT WORK

DATE THE PARTNERS EXPECT THE WORK TO BEGIN

September 28, END OF PERFORMANCE PERIOD/CONTRACT June 1, 2028

THE PARTNERS RESERVE THE RIGHT TO REVISE THE ABOVE SCHEDULE.

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2.10 Notification to Proposers: The Partners will issue a Notice of Intent to Award to all Proposers.

The Notice of Intent to Award shall state the period of time during which protests of the award may be submitted. The name of each Proposer shall be recorded and made available at the time the proposals are opened. Content or copies of proposals will not be publicly disclosed until after the Notice of Intent to Award is issued.

2.11 Rights Reserved: The Partners may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100.

2.12 Small and Diverse Business Participation: The Partners strongly encourage the participation of minority and women-owned businesses, Veteran owned businesses and small businesses, as prime Contractors or Subcontractors. Preference points may be assigned to proposals from such businesses or that include a strategy for working with such businesses.

2.13 Americans with Disabilities Act (ADA) : The Partners comply with the Americans with Disabilities Act (ADA). Vendors may contact the Proposal Coordinator for additional assistance.

2.14 Clarification: The Partners may contact a Proposer for clarification of its Proposal.

2.15 Contract and General Terms & Conditions: The successful Proposer will enter into a services contract with both Partners including the terms of this RFP. Proposer should review the terms set forth in this IFB and may request a Contractor Services Agreement Template prior to submitting a Proposal. Any exceptions to the terms of the proposed Contractor Services Agreement must be submitted with Attachment A.1 –Proposer’s Certification and Assurances Form. The Partners will review and accept, reject, or propose modifications to the requested exceptions.

2.16 Proposal Costs: The Partners will not be liable for any costs incurred by the Proposer in preparation of a Proposal submitted in response to this RFP or any other activities related to responding to this RFP.

2.17 No Obligation to Contract. This RFP and any reliance upon this RFP does not obligate either Partner to make any award or to enter any contract.

2.18 Commitment of Funds. Proposer may not incur, and the Partners will not be liable for, any cost related to or chargeable to the proposed contract before contract signature by the respective Partner.

2.19 Insurance Coverage. Prior to beginning performance, the successful Proposer will provide the contracting Partner with certificates of insurance, signed by a duly authorized representative of each insurer, showing compliance with the insurance coverages required by the Contractor

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Services Agreement.

3. Contents and Submittal Instructions:

3.1 Review Representation. By responding to this RFP, Proposer represents that they have read and understand the entire Proposal package, inclusive of terms specific to the Partners.

3.2 Submission of Proposals.

(i) All submitted forms and documents must be signed by an individual with the legal capacity to bind the Proposer to the offer.

(ii) Proposers should allow sufficient time to ensure timely receipt of the Proposal by the

Proposal Coordinator. Late Proposals will not be accepted and will be automatically disqualified from further consideration.

(iii) All Proposals and any accompanying documentation become the property of the Partners and will not be returned.

(iv) Proposer is responsible for any confirmation of Proposal packet receipt.

3.3 Electronic Submission. Proposals may be submitted electronically as an attachment to an e-mail to the Proposal Coordinator, at the e-mail address for the Proposal Coordinator listed in Section 2.3.

The Proposal Coordinator may request the submission of original documentation. Proposer will submit all e-mail attachments in either Microsoft Word format or as a PDF. Maximum attachment file size is 30MB.

3.4 Submission by Mail. Proposals submitted using physical mail must be delivered to the Proposal Coordinator at the address provided in Section 2.3. Proposals must be received by the Proposal deadline, September 18, 2026, to be considered timely.

3.5 Proposer Checklist: Submit the following documents to the Proposal Coordinator by the due date listed in the Schedule of Procurement Activities:

PROPOSER CHECKLIST

Attachment A.1 – Proposer’s Certification and Assurances Form □

Attachment A.2 – Proposal Specification Form □

Attachment A.3 – Cost Proposal □

Oregon State Farm Labor Contractors License □

United States Department of Labor Farm Labor Contractors License □

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4. Evaluation and Award:

4.1 Review: The Partners retain full discretion to select the successful Proposer according to criteria that best meet the requirements of this RFP. The Partners may reject the Proposal of any firm that has failed to perform satisfactorily on a previous contract with the Partners. All Proposals will be reviewed by the Proposal Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. Proposers are specifically notified that failure to comply with any part of the RFP may result in rejection of the Proposal as non-responsive.

4.2 Responsible Proposer Criteria. Exhibit A.2 – Proposal Specifications Form must be completed for Proposal evaluation. In determining whether the Proposer is a responsible Proposer, the Partners may consider the following elements:

4.2.1 The ability, capacity, and skill of the Proposer to perform the contract or provide the service required;

4.2.2 The character, integrity, reputation, judgment, experience, and efficiency of the Proposer;

4.2.3 Whether the Proposer can perform the contract within the time specified;

4.2.4 The quality of performance of previous contracts or services;

4.2.5 The previous and existing compliance by the Proposer with laws relating to the contract or services;

4.2.6 Whether, within the three-year period immediately preceding the date of the RFP, the

Proposer has been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated.

4.2.7 Prior Proposer performance.

4.2.8 Such other information may be secured having a bearing on the decision to award the contract.

4.2.9 Whether the Proposal satisfies the needs of the contract as specified in the RFP documents;

4.2.10 Whether the Proposal encourages diverse contractor participation;

4.2.11 Whether the Proposal provides competitive pricing, economies, and efficiencies;

4.2.12 Whether the Proposal considers human health and environmental impacts;

4.2.13 Whether the Proposal appropriately weighs cost and non-cost considerations; and

4.2.14 Life-cycle cost.

A determination that a Proposer is not qualified will result in rejection of the submitted Proposal.

A contract, if one is awarded, will be awarded to the responsible Proposer whose proposal the Partners determine in writing is the most advantageous to the Partners based on the evaluation process and evaluation factors described in the request for proposals, applicable preferences described in ORS 279A.120 and 279A.125 and, when applicable, the outcome of any negotiations.

4.3 Proposer’s Certification Form (Pass/Fail): All Proposers must submit Attachment A.1 – Certifications

7- REQUEST FOR PROPOSALS (RFP) South Obenchain #3 and Assurances Form, with a signature by an individual with legal authority to bind the Proposer contractually.

4.4 Evaluation Weighting and Scoring:

CRITERIA MAXIUM

POINTS

RESPONSIVENESS

Minimum Qualifications (Section 2.4) PASS/FAIL Proposer’s Certification and Assurances Form (Attachment A.1) PASS/FAIL Wage Compliance Law (Attachment A.1) PASS/FAIL Responsiveness PASS/FAIL

SPECIFICATIONS

Attachment A.2 Proposal Specifications Form – Required PASS/FAIL

QUALIFICATIONS

Attachment A.2 Proposal Specifications Form – References 40

COST PROPOSAL

Attachment A.3 – Total Cost 60

TOTAL POSSIBLE 100

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ATTACHMENT A.1 – PROPOSER’S CERTIFICATION AND ASSURANCES FORM

PROPOSER INFORMATION

Business Name:

Name of Authorized

Representative:

Address:

City: State: Zip:

Cell Phone:

Office Phone:

E-mail:

TIN (Tax Identification Number):

Oregon Business Registry Number

Proposer makes the following certifications and assurances as a required element of the Proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contracts:

1. UNDERSTANDING. Proposer certifies that Proposer has read, thoroughly examined, and fully understands all the provisions in the RFP (including all attachments and exhibits) and the terms and conditions of the Contract and any amendments or clarifications to the RFP and agrees to a Proposal by the same.

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2. ACCURACY. Proposer declares that all answers and statements made in the Proposal are true and correct.

3. NO COLLUSION OR ANTI-COMPETITIVE PRACTICES. The prices and cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, Proposer may freely join with other persons or organizations for the purpose of presenting a single Proposal.

4. FIRM OFFER. The attached Proposal is a firm offer for a period of 90 calendar days following receipt by the Partners, and it may be accepted without further negotiation (excepting only open terms requiring additional information) at any time within the 90-day period.

5. CONFLICT OF INTEREST. In preparing this Proposal, Proposer has not been assisted by any current or former employee of the District and SNW or RCPP AFA Partners (NRCS, Clackamas SWCD, Marion SWCD, Lane SWCD, ODF, American Forests) whose duties relate (or did relate) to this Proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances must be described separately and attached to this document.)

6. NO REIMBURSEMENT. Proposer understands that the District and SNW will not reimburse for any costs incurred in the preparation of this Proposal. All Proposals become the property of the Partners, and the Proposer may not claim any proprietary right to anything provided in response to this RFP.

7. DISCLOSURE. Unless otherwise required by law, the prices and cost data that have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to award, directly or indirectly to any other Proposer or to any competitor.

8. PERFORMANCE. The submission of a Proposal in response to this RFP constitutes an offer including RFP terms and conditions. Proposer will describe any exceptions to RFP terms and conditions and include those exceptions as an attachment to a Proposal.

9. RESTRICTING COMPETITION. No attempt has been made or will be made by the Proposer to persuade any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

10. REFERENCES. Proposer grants the Partners the right to contact references and others, who may have pertinent information regarding the Proposer’s prior experience and ability to perform the goods delivered or services rendered contemplated in this procurement.

11. LICENSED IN OREGON STATE. Proposer will obtain any license required by the State of Oregon (if applicable) prior to providing delivered goods or rendered services to either Partner.

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12. DEBARMENT. Proposer certifies as follows (must check one):

☐ NO DEBARMENT. Proposer or its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity.

☐ DEBARRED. As detailed on the attached explanation (Proposer to provide), Proposer or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity.

13. CRIMINAL OFFENSE. Proposer certifies as follows (must check one):

☐ NO CRIMINAL OFFENSE. Proposer and its officers, directors, and managers have not, within the three year period preceding the date of this RFP, been convicted of or had a civil judgment rendered against Proposer or such officers, directors, and managers for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Proposer further certifies that Proposer and its officers, directors, and managers are not presently indicted or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in this paragraph.

☐ CRIMINAL OFFENSE. As detailed on the attached explanation (Proposer to provide), within the three year period preceding the date of this RFP Proposer or its officers, directors, or managers have been convicted or had a civil judgment rendered against Proposer or such officers, directors, or managers for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

14. TERMINATION FOR DEFAULT OR CAUSE. Proposer certifies as follows (must check one):

☐ NO TERMINATION FOR DEFAULT OR CAUSE. Proposer has not, within the three-year period preceding the date of this RFP, had any federal, state, or local governmental contracts terminated for cause or default.

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☐ TERMINATION FOR DEFAULT OR CAUSE. As detailed on the attached explanation (Proposer to provide), within the three-year period preceding the date of this RFP, Proposer has had federal, state, or local governmental contracts terminated for cause or default.

15. TAXES. Proposer certifies as follows (must check one):

☐ TAXES PAID. Except as validly contested, Proposer is not delinquent and has paid or has arranged for payment of all taxes due to the State of Oregon and has filed all required returns and reports as applicable.

☐ DELINQUENT TAXES. As detailed on the attached explanation (Proposer to provide), Proposer has not paid or arranged for payment of all taxes due to the State of Oregon or has not timely filed all required returns and reports as applicable.

16. FINANCIALLY SOLVENT. Proposer certifies as follows (must check one):

☐ FINANCIALLY SOLVENT. Proposer is financially stable and solvent, has adequate cash reserves to meet all financial obligations, has not commenced bankruptcy proceedings voluntarily or otherwise, and is not subject to any judgments, liens, or encumbrances of any kind affecting title to any goods or services that are the subject of this RFP.

☐ NOT FINANCIALLY SOLVENT. As detailed on the attached explanation (Proposer to provide), Proposer is not financially stable and solvent – i.e., Proposer does not have adequate cash reserves to meet all financial obligations, has commenced bankruptcy proceedings voluntarily or otherwise, or is subject to a judgment, lien, or encumbrance that affects title to the goods or services that are the subject of this RFP.

17. LAWFUL REGISTRATION. Proposer, if conducting business other than as a sole proprietorship certifies as follows (must check one):

NOTE: This certification applies only to Proposers that are organized as separate legal entities (e.g., a corporation, partnership, Limited Liability Company). If Proposer is a sole proprietor, this certification should not be answered.

☐ CURRENT LAWFUL REGISTRATION. Proposer is in good standing in the State of Oregon and the jurisdiction where Proposer is organized, including having timely filed all required annual reports.

☐ DELINQUENT REGISTRATION. As detailed on the attached explanation (Proposer to

12- REQUEST FOR PROPOSALS (RFP) South Obenchain #3 provide), Proposer currently is not in good standing in the State of Oregon or the jurisdiction where Proposer is organized.

18. REGISTRATION WITH OREGON SECRETARY OF STATE. Proposer, conducting business other than as a sole proprietorship, certifies as follows (must check one):

NOTE: This certification applies only to Proposers that are organized as separate legal entities (e.g., a corporation, partnership, Limited Liability Company). If Proposer is a sole proprietor, this certification should not be answered.

☐ PROPOSER IS REGISTERED WITH OREGON SECRETARY OF STATE. Proposer is registered with the Oregon Secretary of State and is in good standing.

☐ PROPOSER IS NOT REGISTERED WITH OREGON SECRETARY OF STATE.

Proposer is not registered with the Oregon Secretary of State and Proposer declines to register with the Oregon Secretary of State.

19. OREGON STATE CERTIFIED DISADVANTAGED BUSINESS ENTERPRISE. Proposer certifies as follows (must check one):

☐ Proposer is a disadvantaged business enterprise as defined in ORS 200.055.

☐ Proposer is not a disadvantaged business enterprise as defined in ORS 200.055

20. OREGON STATE CERTIFIED BUSINESS THAT SERVICE -DISABLED VETERAN OWNS. Proposer certifies as follows (must check one):

☐ Proposer is a certified business that a service-disabled veteran owns under ORS 200.055.

☐ Proposer is not a certified business that a service-disabled veteran owns under ORS 200.055.

21. OREGON STATE CERTIFIED MINORITY- OWNED BUSINESS. Proposer certifies as follows (must check one):

☐ Proposer is a certified minority-owned business under ORS 200.055.

☐ Proposer is not a certified minority-owned business under ORS 200.055.

22. OREGON STATE CERTIFIED WOMAN-OWNED BUSINESS. Proposer certifies as follows (must check one):

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☐ Proposer is a certified woman-owned business under ORS 200.055.

☐ Proposer is not a certified woman-owned business under ORS 200.055. I certify, under penalty of perjury under the laws of the State of Oregon, that I am authorized to make these certifications and assurances on behalf of the identified entity.

PRINT FULL LEGAL ENTITY NAME OF FIRM SUBMITTING PROPOSAL

SIGNATURE OF AUTHORIZED PERSON DATE SIGNED

PRINTED NAME OF PERSON MAKING CERTIFICATION FOR FIRM

TITLE OF PERSON SIGNING CERTIFICATE

PRINT COUNTY AND STATE WHERE SIGNED

RETURN FORM TO: PROPOSAL COORDINATOR WITH YOUR PROPOSAL

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ATTACHMENT A.2 – PROPOSAL SPECIFICATION FORM

SPECIFICATIONS - REQUIRED (PASS / FAIL)

Proposers are REQUIRED to verify compliance with the following specifications. (IF APPLICABLE)

CHECK FOR

VERIFICATION

REQUIRED SPECIFICATION(S)

☐ Photocopy of Proposer’s current Oregon State Farm/Forest Labor Contractors License meeting the following requirements (this applies to contractors who employ workers for forest labor):

a) License type – Form/Forest Labor Contractor

b) Surety Bond Amount – at least $10,000 for the coverage of greater than 10 workers

c) A vehicle insurance authorization for the transport of workers.

☐ Photocopy of Proposer’s current United States Department of Labor Farm Labor Contractors License (this applies to contractors who employ migrant or seasonal laborers).

QUALIFICATIONS - REFERENCES (SCORED)

Demonstrating reliability, professionalism, capability.

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On the following form, each Proposer must provide at least one reference who can attest that Proposer can perform the work described by Attachment B - Contractor Services Agreement Template Exhibit A- Scope of Work with a high level of quality and professionalism.

Proposer may reference either a previous District silviculture contract within the last two years to which Proposer was a party and performed similar work, or a landowner (including contact information) for whom Proposer has completed similar work within the last two years.

By submitting a proposal, the Proposer grants permission to the Partners to contact the listed reference(s).

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Contact information and description of services provided for up to three landowners for whom Proposer has recently completed similar work.

Contact Name of Reference #1: Contact's E-mail:

Contact's Phone Number: Name of Proposer’s employee known to this reference contact:

Time Frame of Services Provided: Budget for Services Performed by Proposer:

Type of Services Performed:

(This space reserved for the Partners’ use)

Contact Name of Reference #2: Contact's E-mail:

Contact's Phone Number: Name of Proposer’s employee known to this reference contact:

Time Frame of Services Provided: Budget for Services Performed by Proposer:

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Contact Name of Reference #3: Contact's E-mail:

Contact's Phone Number: Name of Proposer’s employee known to this reference contact:

Time Frame of Services Provided: Budget for Services Performed by Proposer:

RETURN FORM TO: PROPOSAL COORDINATOR WITH YOUR PROPOSAL AS INDICATED WITHIN.

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ATTACHMENT A.3 – COST PROPOSAL

INSTRUCTIONS: Proposals should include all costs related to the performance of the identified services including itemized services on a cost-per-acre basis and a total Proposal price. Proposers should indicate where the total Proposal price (for all services combined) is less than the total of itemized services.

Proposer must sign this Cost Proposal. Incomplete or unsigned Proposals may be rejected.

The Partners’ payment obligations will be determined by performance specifications appearing in RFP Exhibits at the end of this document.

Proposer offers to perform the following services under the terms of this RFP at the following rates.

Item

Numb er

Item Name Acres Proposal Price Per Acre

Item Total

Upland Forestry Units

1 Spot Herbicide Treatment-Initial Treatment NRCS Practice 315

148.75 planted acres, spray area totals 13 acres

2 Tree Establishment NRCS Practice 612

52.5 acres at 260 trees per acre

3 Tree Establishment NRCS Practice 612

96.25 acres at 225 trees per acre

4 Spot Herbicide Treatment-Followup Treatment NRCS Practice 315

148.75 planted acres, spray area totals 13 acres

Total Acres: xxx Total Proposal

Price:

$xxx

PRINT FULL LEGAL ENTITY NAME OF FIRM SUBMITTING PROPOSAL

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Exhibits to this IFB:

Exhibit A: Statement of Work (Specifications for Activity) for Herbicide Treatment (NRCS Practice 315)

Exhibit B: Unit Compliance Inspection and Payment - Herbicide Treatment Exhibit C: Statement of Work (Specifications for Activity) for Tree Planting (NRCS Practice

612) Exhibit D: Compliance Inspection and Payment – Tree Planting Exhibit E: Project Vicinity Map Exhibit F: Unit Descriptions Exhibit G: Not-to-Exceed Amount Exhibit H: Landowner Lien Information Exhibit I: Service Contract Terms

Attachment A: Implementation Requirements for NRCS Practice 315, 612 Attachment B: Contract Terms for Jackson SWCD and Sustainable Northwest

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Exhibit A: Statement of Work (Specifications for Activity)- Herbaceous Weed Treatment General Provisions (NRCS Practice 315)

Contractor shall perform herbicide application for site prep work as described below.

A-01 Definitions and Abbreviations

A. ‘Buffer Zone’ means an area designated to be left along roads or other features in which there will be no cutting.

B. ‘Compliance Forester’ means the SNW -OR- Jackson SWCD staff person(s) identified in the Pre-Work Tour who will perform the compliance inspections, approve Work, recommend payment to the Contract Manager, and manage the Work Schedule.

C. ‘Conifer’ means a tree that is a Ponderosa Pine, Incense Cedar, or Sugar Pine.

D. ‘Contract Manager’ means the SNW -OR- Jackson SWCD staff person who processes this contract, makes payments, provides and facilitates dispute resolution, provides technical advice to the Compliance Forester, and is the first point of contact for questions relating to this contract or interpretation of Work. The Contract Manager may perform the duties of the Compliance Forester.

E. ‘Contractor’ means the business entity engaged with SNW to complete the terms of this contract.

F. ‘Designated Contract Representative(s)’ means those individual(s) designated by the Contractor on the Pre-Work form during the Pre-Work Conference.

G. ‘Pre-Work Conference’ is the meeting between SNW, Jackson SWCD, and Contractor after award of the contract and before the commencement of Work. Its purpose is to agree upon logistics and the Work Schedule.

H. ‘SNW’ means the Sustainable Northwest, acting through an authorized employee.

I. ‘Jackson SWCD’ or ‘JSWCD’ means the Jackson Soil & Water Conservation District, acting through an authorized employee.

J. ‘Unit’ is the individual geographical area on which Work will be done. Each Unit is specifically identified by number on the Unit Description, corresponding Unit Map, and Bid Form.

K. ‘Unit Bid Price’ is the rate per acre, written in the Unit Bid Price column of the Bid Form.

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L. ‘Work’ means the services the Contractor is required to satisfactorily complete in this contract, according to the requirements of Section I (Contract Clauses), and within the Units described in Section II (Maps and Unit Information).

M. ‘Work Schedule’ means the approved order and timeline for how the requirements of this contract, including Work on individual Units or groups of Units, will be fulfilled by the Contractor.

A-02 Specifications for the Activity

A. Precedence between Sections: This Exhibit D covers the general activity standards that apply over the whole contract. If a change is required on a site by site basis those differences will be outlined on the Unit Description Form. The site specific details found on the Unit Description Form should take precedence over these general guidelines when they exist. If special requirements noted in the Unit Description conflict with requirements in this Exhibit D, the special requirements will prevail.

B. Work Schedule: The work window for this portion of the practice is narrow for the pre-emergent herbicide to be effective. Contractor will begin and complete herbicide application prior to fall rains, 2026.

C. Boundaries: The boundaries depicted on Unit Map (Exhibit F) delineate the treatment area.

Contractor is responsible for completing all Work to boundaries. The treatment boundaries are defined by the Units specified on each of the six (6) property maps. Contractor will be provided with a georeferenced PDF and is responsible for understanding the location of all boundaries. If boundaries are unclear, coordinate with the Compliance Forester to install flagging. Failure to complete Work to boundaries in any Unit renders Work in that Unit incomplete, and no payment will be made to Contractor for any Work on that Unit. No payment will be provided for Unit(s) with Work that extends beyond Unit boundaries. Work extending beyond Unit boundaries will be considered breach of contract.

D. Workers, Supervision, and Equipment: The Contractor shall provide all of the following at its own expense:

1. A minimum crew size of 4 workers, and a maximum crew size of 20 workers, unless otherwise approved by the Contract Manager or Compliance Forester.

2. Adequate crew supervision, including at least one qualified non spraying, English speaking foreperson per crew, unless otherwise allowed by the Compliance Forester. The foreperson must have one season (at least three (3) months) of spraying experience. Documentation of a foreperson’s experience shall be provided to SNW upon request.

3. A licensed Commercial Herbicide Operator or Applicator in the Work area

22- REQUEST FOR PROPOSALS (RFP) South Obenchain #3 when herbicide is being applied.

4. Transportation for all workers, equipment, and materials to the Units.

5. Serviceable equipment to satisfactorily accomplish treatment of acres described in the Unit Description.

6. All safety equipment needed to meet all legal requirements for the Work.

7. All approved herbicides for the Work and carrier as specified in the Unit Description(s).

8. All costs of operation and maintenance not specifically furnished by SNW.

E. SNW and JSWCD shall furnish:

1. Compliance Forester will acquaint the Contractor with each Unit to be worked and to conduct periodic field inspections.

2. Boundary marking and access to the unit as reasonably necessary to complete the contract.

F. Herbaceous Weed Treatment: Chemical Applications

1. Competing vegetation, invasive annual grasses (medusahead rye, ventenata, downy brome, meadow brome, wild oats, smooth brome, hedgehog dogtail), should be controlled to support seedling establishment. These targeted species will be treated with chemical herbicide applications according to federal, state, local regulations and label directions.

2. Spray targets will be microsites within each Planting Unit that are suitable for planting. Each spray target should receive a circle spray of 3 ft diameter around the planting site. Microsites are characterized as:

a. Higher than the immediate surrounding area

b. Next to existing stumps, large logs, decomposing logs, natural mounds

c. Sites that are shaded by terrain features

3. Non-plantable spots include:

a. Rock outcroppings

b. Cut banks or game trails

c. Wet or swampy soil

d. Within the drip line of a mature overstory tree, of any species

e. Within 10 ft of an existing established seedling

f. Equipment tracks

g. Slash accumulations over 2 ft (14”) in depth

h. Excessively rocky ground

i. If the shovel or planting tool cannot be inserted deep enough for proper plug placement of the seedling

j. If the hole cannot be opened sufficiently to allow the seedling to be fully inserted into the hole without obstruction

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4. If spraying pre-planting: Contractor will mark sprayed spot with a pin flag or other specific marker, or mix dye in with herbicide that will persist 2-3 months.

5. If spraying post-planting: Place a plastic tree protector over the seedling while spraying to avoid accidental damage to the seedling.

6. Extra caution should be taken to avoid spraying native species while spot-spraying.

7. Herbicides Cleared for this Project: All herbicides used in this project must be cleared for their use by the Compliance Forester. Clearance includes both concentrations, application method, and application rate. Other chemicals may be used based on contractor expertise, with clear communication with the Compliance Forester. Herbicides pre-cleared for this project include:

a. Imazapic

b. Indaziflam

c. Rimsulfuron

See table below for detailed herbicide prescriptions. Aerial applications are not approved for this site. No spraying will occur within mapped riparian buffers (riparian management areas). No spraying will occur within or immediately adjacent to pile burn footprints. Follow all application instructions on the label.

Schedule of Treatments and Herbicide Prescriptions

Schedule Practice Circle Spray

Tank Mix Notes Unit Quantity

Fall 2026:

September- October

315- Herbaceous Weed Treatment

X Indaziflam (Esplanade 200SC or similar)

Circle spray (3-ft diameter) around planting microsites to control competing vegetation by depleting annual grass seed bank. DO NOT apply herbicide within or immediately next to burn pile footprints. Use extra precautions to avoid spraying seedlings. The calibrated application rate should be 5-7 oz herbicide, diluted in water, per acre. Wet the target area without causing runoff.

Acre Unit Area= 148.75 Sprayed Area= 13

Spring 2027:

April-May

315- Herbaceous Weed Treatment

X Indaziflam (Esplanade 200 SC or similar)

Circle spray re-emergence of target species. The calibrated application rate should be approximately 5-7 oz herbicide, diluted, per acre. Ensure that all foliage receives good coverage.

Acre Unit Area= 148.75 Sprayed Area= 13

See Exhibit F for table of Unit Descriptions, for specific unit and property information.

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A-03 Herbicide Application Requirements Contractor shall be responsible for all of the following:

A. Mixing and applying herbicide on site as per the Unit Description(s).

B. Upon request, providing a sample of the herbicide solution being applied as treatment.

C. Keeping written English language records of each day's application work, including the specific location of areas treated with herbicide and the method of placement. The records to be kept shall be as per SNW's "Chemical Application Record". Contractor shall provide SNW with such records prior to payment for Work completed, or at any time earlier if requested by SNW.

D. Keeping herbicide from contacting seedlings and non-target native plants.

E. Marking treatment strips, spots, stems, or clumps with semi-permanent dye as specified in Pre- Work Conference.

F. Properly disposing of all herbicide solutions, residues and empty containers in accordance with applicable laws.

G. Refraining from applying herbicide to designated buffer area.

H. Immediately removing any debris or soil deposited in ditches, culverts, or roadways.

I. Avoiding any activities that will result in excessive deterioration of ditches, culverts, or roadways.

A-04 Contractor Safety Responsibilities Contractor is responsible for initiating, maintaining, and supervising the additional safety precautions below, and ensuring that workspaces and materials meet the following requirements in connection with the performance of the work.

A. Contractor shall maintain an accurate record of exposure data on all incidents relating to the Work resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment. Contractor shall immediately report any such incident to SNW and JSWCD. SNW and JSWCD shall, at all times, have a right of access to all records of exposure.

B. Contractor shall ensure that the use of herbicides authorized by this Contract in the performance of the Work shall be done in conformance with product labeling. If there is a conflict between product labeling and applicable environmental law, then the applicable law shall apply to Contractor’s actions.

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C. Contractor shall provide all persons working in the Work area with information and training on hazardous chemicals in their work at the time of their initial assignment, and whenever a new hazard is introduced into their Work area.

1. Information. At a minimum, Contractor shall inform persons working in the Work area of:

a. The requirements of Chapter 296-62 WAC, General Occupational Health Standards;

b. Any operations in their Work area where hazardous chemicals are present; and

c. The location and availability of written hazard communication programs, including the required list(s) of hazardous chemicals and material safety data sheets required by Chapter 296-62 WAC.

2. Training. At a minimum, Contractor shall provide training for persons working in the Work area which includes:

a) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the Work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance of odor of hazardous chemicals when being released, etc.);

b) The physical and health hazards of the chemicals in the Work area and the appropriate methods for the use of herbicide chemicals used to perform the Work;

c) The measures such persons can take to protect themselves from these hazards including specific procedures Contractor, or its Subcontractors, or others have implemented to protect those in the Work area from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; and

d) The details of the hazard communications program developed by Contractor, or its Subcontractors, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information.

3. Except as otherwise authorized by this Contract to carry out the Work, Contractor's responsibility for hazardous, toxic, or harmful substances shall include the following duties:

a) Contractor shall not keep, use, dispose, transport, generate, or sell on or

26- REQUEST FOR PROPOSALS (RFP) South Obenchain #3 about the Work area, any substances now or hereafter designated as, or which are subject to regulation as, hazardous, toxic, dangerous, or harmful by any federal, state, or local law, regulation, statute or ordinance (hereinafter collectively referred to as “hazardous substance”), in violation of any such law, regulation, statute, or ordinance.

b) Contractor shall promptly notify SNW and JSWCD of all spills or releases of any hazardous substances which are otherwise required to be reported to any regulatory agency and pay the cost of cleanup. Contractor shall promptly notify SNW of all failures to comply with any federal, state, or local law, regulation, or ordinance; all inspections of the Work area by any regulatory entity concerning the same; all regulatory orders or fines; and all responses or interim cleanup actions taken by or proposed to be taken by any government entity or private party in the Work area.

c) Contractor shall perform all Work with due regard for the safety of the public, and shall minimize interruptions of vehicular traffic or inconveniences to pedestrians. Contractor shall be responsible to make all arrangements to care for such traffic. All expenses involved in the maintenance of traffic by way of detours shall be borne by Contractor.

A-05 Weather Conditions Contractor shall be responsible for ceasing operations when product labeling, local industry standards, or other information indicate herbicide treatment may be ineffective or pose an unacceptable risk of noncompliance with applicable laws pertaining to the application of herbicides due to environmental conditions, such as:

A. Air temperature of less than 40 degrees F (40F) or greater than 85 degrees F (85F); or

B. Wind velocity greater than twelve (12) miles per hour; or

C. Rainfall causes water to run down stems of target plants; or

D. The Compliance Forester determines spray conditions are unsuitable.

E. If any of these conditions exist on the site, the Compliance Forester may direct Contractor or foreperson to cease operations until weather conditions improve.

A-06 Progression of Daily Work Contractor work shall progress in an orderly fashion to avoid accidentally leaving untreated areas, with workers regularly connecting treated areas. At the end of each work day, no “islands” of untreated areas shall be left within areas that have been treated.

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A-01 Payments SNW and JSWCD will issue payments after field inspections have been completed by the Compliance Forester, proper invoicing documentation and herbicide application logs have been received (See Implementation Requirements for Practice 315), and payment from NRCS/ODF and (if applicable) landowner cost-share has been received. See Exhibit B for details.

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Exhibit B: Unit Compliance Inspection and Payment-Herbicide Treatment

B-01 Field Inspections: The Compliance Forester will conduct periodic inspections. Inspections may be done concurrently with Work but will be completed no later than five (5) business days after Work completion on the Unit. Inspection of the Work performed and payment will be based on completion of individual practices over the whole Unit. The Compliance Forester will use specifications contained in the Unit Description and the Implementation Requirements to determine if Work performed is satisfactory.

B-02 Re-work of Unsatisfactory Units: The Compliance Forester may require Contractor to re-work a Unit on which Contractor's Work performance is not rated satisfactory. The Compliance Forester may require the re-work to be completed prior to starting Work on a new Unit. Reworked areas will be re-examined for contract compliance; the resulting performance rating will supersede the previous performance rating for the area in question.

B-04 Determination of Payment: Compliance and payment for work performed will be based on the following:

A. Unit Boundaries. Work must be completed to boundaries. If work extends beyond Unit boundaries, charges may be levied against the Contractor by SNW for damages suffered, or other parties suffering damages. If work does not fully extend to boundaries, the Compliance Forester may require that the remaining work be completed and re-inspected before payment is issued.

B. NRCS Conservation Practices. The work described in this agreement and the attached Implementation Requirements falls under Practice 315, Herbaceous Weed Treatment. Work is certified and eligible for payment on a per-practice basis once a unit is complete.

C. Practice Certification. SNW or JSWCD will reimburse contractors for implemented work that is certified by Jackson SWCD. Contractor must notify SNW and Jackson SWCD when a conservation practice is complete and ready for inspection and certification. The performance of each practice must comply with the Implementation Requirements provided for each property, and be completed to unit boundaries. If SNW or Jackson SWCD finds that the completed work does not comply with the Implementation Requirements, the contractor will have an opportunity to address non-compliance. If compliance is achieved, the practice will be re-assessed for certification. Once the work is certified by Jackson SWCD, the work is eligible for payment.

D. Invoice Requirements. Invoices for certified work must at minimum include: Business name of contractor; address of property/properties treated; a brief description of the work completed that aligns with descriptions in the Implementation Requirement for that work; the date or date range that the work was conducted; date of invoice.

E. Payment Timing. SNW and Jackson SWCD will process reimbursement requests on a monthly basis. Contractors must provide invoices to SNW or Jackson SWCD (corresponding with contract) by the 8th of the month to be submitted to NRCS for review that same month. SNW will make a payment to the contractor within thirty calendar days of SNW receiving both 1) payment from NRCS, and 2) any required cost-share from landowners, if applicable. Jackson SWCD with make a payment

29- REQUEST FOR PROPOSALS (RFP) South Obenchain #3 to the contractor within thirty calendar days of Jackson SWCD receiving both 1) reimbursement from ODF, and 2) any required cost-share from landowners, if applicable. Incomplete or erroneous documentation will not be submitted to NRCS for processing until remedied and resubmitted to SNW. Resubmissions will follow the same monthly schedule as other submissions.

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Exhibit C: Statement of Work (Specifications for Activity)- Planting General Provisions (NRCS Practice 612)

Contractor shall perform site preparation and planting work as described below.

C-04 DEFINITIONS AND ABBREVIATIONS

1. ‘Buffer Zone’ means an area designated to be left along roads or other features in which there will be no cutting.

2. ‘Compliance Forester’ means the SNW -OR- Jackson SWCD staff person(s) identified in the Pre-Work Tour who will perform the compliance inspections, approve Work, recommend payment to the Contract Manager, and manage the Work Schedule.

3. ‘Conifer’ means a tree that is a Ponderosa Pine, Incense Cedar, or Sugar Pine.

4. ‘Contract Manager’ means the SNW -OR- Jackson SWCD staff person who processes this contract, makes payments, provides and facilitates dispute resolution, provides technical advice to the Compliance Forester, and is the first point of contact for questions relating to this contract or interpretation of Work. The Contract Manager may perform the duties of the Compliance Forester.

5. ‘Contractor’ means the business entity engaged with SNW to complete the terms of this contract.

6. ‘Designated Contract Representative(s)’ means those individual(s) designated by the Contractor on the Pre-Work form during the Pre-Work Conference.

7. ‘Pre-Work Conference’ is the meeting between SNW, Jackson SWCD, and Contractor after award of the contract and before the commencement of Work. Its purpose is to agree upon logistics and the Work Schedule.

8. ‘SNW’ means the…