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ODFW-2308-18
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Oregon Department of Fish & Wildlife
Procurement Unit
4034 Fairview Industrial Dr. SE
Salem, Oregon 97302
INVITATION TO BID FOR SERVICES
ORPIN Opportunity # ODFW-2308-18
2018 Wenaha Hand Spray Chemical Site Preparation and Tree Planting
TABLE OF CONTENTS
1. GENERAL INFORMATION
1.1 PURPOSE OF SOLICITATION
1.2 PROCUREMENT SCHEDULE
1.3 DEFINITIONS
1.4 SINGLE POINT OF CONTACT
1.5 ORPIN
1.6 PRE-BID MEETING
2. SOLICITATION PROCESS
2.1 QUESTIONS, REQUESTS FOR CLARIFICATIONS.
2.2 BID SUBMISSION
2.3 BID MODIFICATIONS OR WITHDRAWALS PRIOR TO CLOSING
2.4 OPENING
2.5 ACCEPTANCE OF BID
2.6 CANCELLATION OF SOLICITATION AND REJECTION OF BIDS; DELAY OR SUSPENSION OF
SOLICITATION
3. SPECIFICATIONS
4. BID PREPARATION
4.1 FORMAT AND CONTENT OF BID
4.2 MINIMUM REQUIREMENTS
4.3 PRICING SUBMITTAL
4.4 SIGNATURE OF BIDDERS DULY AUTHORIZED REPRESENTATIVE
4.5 BIDDER SUPPLEMENTAL INFORMATION
4.6 BUSINESS DESIGNATION
4.7 RESIDENCY STATEMENT
5. EVALUATION OF BIDS
5.1 INTRODUCTION
5.2 RESPONSIVENESS
5.3 TOTAL COST
6. AWARD PROCESS
6.1 INTENT TO AWARD ANNOUNCEMENT
6.2 FINALIZATION OF AWARD AND COMMENCEMENT OF WORK
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TABLE OF CONTENTS - Continued
ATTACHMENT I – SAMPLE CONTRACT
EXHIBIT A – STATEMENT OF WORK
EXHIBIT B – COMPENSATION
EXHIBIT C – INSURANCE
EXHIBIT D – DAILY CHEMICAL APPLICATION RECORD FORM
EXHIBIT E – TREE PLANTING DIAGRAMS
EXHIBIT F – MAPS
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1. GENERAL INFORMATION:
1.1. PURPOSE OF SOLICITATION:
The State of Oregon, acting by and through its Department of Fish and Wildlife issues this Invitation to Bid (ITB) to establish a Contract for work relating to furnishing all equipment, supervision and labor to perform hand spray chemical site preparation and tree planting services. Hand spray chemical site preparation and tree planting shall include approximately 90 acres and 20,500 seedlings with a project period from March 1, 2018 to May 1, 2018.
The intent of this Solicitation is to award a single Contract for the Services described herein.
1.2. PROCUREMENT SCHEDULE:
The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. Agency may modify the schedule at its sole discretion.
Solicitation Issued/Posted on ORPIN: ODFW-2308-18 Deadline for Inquiries (Requests for Clarification): Thursday 3:00 PM, February 2nd, 2018 Closing/Bids Due/Opening: Thursday 3:00 PM, February 8th, 2018
1.3. DEFINITIONS:
Capitalized terms in this Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the Public Contracting Code (ORS Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.
"Addendum" or "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.
“Agency" means the State agency subject to Department of Administrative Services (DAS) purchasing authority pursuant to ORS 279A.050 and ORS 279A.140. For purposes of this Solicitation Document the Agency is the Oregon Department of Fish & Wildlife (ODFW).
“Bid” or “Offer” means the Bidder's Written Offer submitted in response to this Invitation to Bid, including all necessary attachments.
“Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.
“Closing” means the date and time specified in this Solicitation Document as the deadline for submitting Bids.
"Contract" means the entire agreement between the Contractor and the Agency.
“Contractor” means the Person or organization with whom the Agency enters into a Contract pursuant to this Invitation to Bid.
“ORPIN” means the Oregon Procurement Information Network, which is the State of Oregon’s automated procurement system. ORPIN is the official publication forum for State procurement notices and advertisements by all agencies subject to DAS procurement authority.
“Person” means any of the following with legal capacity to enter into a Contract: individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.
“Responsible” means a Person who meets the standards of responsibility as described in ORS 279B.110.
“Responsive” means having the characteristic of substantial compliance in all material respects with applicable requirements of this Solicitation Document.
“Services” means all work required to be performed under the Contract resulting from this Solicitation Document.
“Solicitation Document” or “Invitation to Bid (ITB)” means this document, including all parts, sections, exhibits, attachments, and Addendums, which is issued to invite Offers from prospective Contractors pursuant to ORS Chapter 279B.
“State” means the State of Oregon.
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“Written” or “Writing” means conventional paper documents, whether hand written, manuscript or printed, in contrast to spoken words. It also includes facsimile documents or electronic transmissions to the extent permitted by this ITB or the Contract.
“Initial Plant” means the planting of an area where no tree seedlings exist.
“Inter-Plant” means the planting of an area that has previously been planted; work consists of planting seedlings where previously planted seedlings have died or are unhealthy.
“Bare Root Seedling” means a seedling that was grown in an outdoor nursery bed; roots are free from the medium that they were grown in; usually a two year-old seedling.
“Plug Seedling” means a seedling that was grown in a container in a greenhouse; roots are contained in their growing medium; usually a one year-old seedling.
“Microsite” means the immediate environment of an area; unique in topography, soil and climate; may differ from an area just a few feet away.
“Organic Layer” means the top layer of soil made up of undecayed plant and animal material.
“Mineral Soil” means soil that is mainly made up of minerals (sand, silt, clay) in varying amounts and is low in organic material.
“Root Collar” means the part of a seedling where the main root joins the stem.
“Target Spacing” means the desired distance (in feet) that seedlings must be planted from each other; i.e. 11’x11’ spacing means that a seedling shall be spaced 11 feet from the seedlings in front, back and either side.
“Under-Plant” means the planting of an area where an overstory of larger (mature) trees are present. Planting occurs underneath the canopy of existing trees.
“Written Plan” means a plan that describes how an operation will be conducted, including specifically how the Contractor will conduct Contract work so that it will be completed in a specified amount of time.
1.4. SINGLE POINT OF CONTACT:
Bidders shall address ALL INQUIRIES related to this Solicitation to the individual indentified below by any of the following methods:
NAME: Jake Howard
EMAIL: [email protected]
PHONE: (503) 947-6130
MAIL: OREGON DEPARTMENT OF Fish and Wildlife, PROCUREMENT UNIT 4034 Fairview Industrial Dr. SE, SALEM, OR 97302
1.5. ORPIN:
This Solicitation Document, including attachments and any Addenda issued, is published on ORPIN at http://orpin.oregon.gov Bidders should check ORPIN regularly up until Closing for any changes to the Solicitation Document. Agency is not responsible for any errors or omissions from downloading the Solicitation Document and any attachments.
OPRIN USAGE: Bidders unfamiliar with the ORPIN system may contact the ORPIN Help Desk located at the DAS Procurement Services Office at 1225 Ferry Street SE U140, Salem, OR 97301-4285; telephone (503) 378-4642; or email [email protected]. Bidders may also look for updates on the following website: http://orpin.oregon.gov
SOLICITATIONS: Solicitations, including all Addenda and attachments, are posted on ORPIN, in accordance with OAR 125-246-0500, as part of the Solicitation Document. Bidders who do not have access to ORPIN may request to review or receive copies from the Single Point of Contact listed in Section 1.4.
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ADDENDA: This ITB may be amended only by Written Addenda that will be made available to all Bidders through ORPIN. Addenda are incorporated with the original ITB and can be viewed and downloaded by registered Bidders. Bidders should consult ORPIN system regularly until closing to avoid missing Addenda.
1.6. PRE-BID MEETING:
There is no pre-Bid meeting scheduled for this solicitation.
2. SOLICITATION PROCESS:
The Agency will conduct this Solicitation in accordance with Oregon Revised Statute (ORS) Chapters 279A and 279B and Oregon Administrative Rule (OAR) Chapter 125, Divisions 246 and 247.
2.1. QUESTIONS, REQUESTS FOR CLARIFICATIONS
The Agency encourages interested parties to submit requests for clarification and questions regarding this ITB. Such requests must:
(a) Identify the Bidder’s name;
(b) Clearly reference this ITB’s ORPIN Opportunity number;
(c) Be in Writing and submitted to the Single Point of Contact identified in Section 1.4; and
(d) Be received by the Single Point of Contact by the deadline specified in Section 1.2 Procurement Schedule “Deadline for Inquiries,” or as changed by Addenda.
The Agency is not responsible for the successful transmission of faxed or electronic requests. Late requests will NOT be accepted. The Agency will respond in Writing to each written question and request for clarification, and appropriately addresses such inquiries. The Agency’s response might include, in the Agency’s discretion, issuing an Addendum.
2.2. BID SUBMISSION:
Bids shall be submitted in sealed package(s) or envelope(s) to the Single Point of Contact identified in Section 1.4.
Bids may be mailed or hand delivered between the hours of 8:00 AM to 5:00 PM, Monday through Friday, to:
The Oregon Department of Fish and Wildlife
4034 Fairview Industrial Dr. SE, Salem, OR 97302
To ensure proper identification and handling, all package(s) or envelope(s) should be identified as follows:
ITB TITLE: 2018 Wenaha Hand Spray Chemical Site Prep. & Tree Planting
ITB #: ODFW-2308-18
DUE DATE & TIME: Thursday @ 3:00pm February 8th, 2018
Bids must be received and date and time-stamped by the Agency before the scheduled ITB Closing date and time, found in Section 1.2. Late Bids will not be considered. No oral, e-mailed, telephone or facsimile Bids will be accepted.
All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by Agency. The Agency will not accept Bids that require payment by the State.
2.3. BID MODIFICATIONS OR WITHDRAWALS PRIOR TO CLOSING:
BID MODIFICATION: A Bid submitted in response to this ITB may be modified, in Writing, by the Bidder prior to Closing. Bid modifications submitted must be clearly marked as such and must comply with all Bid Submission requirements in Section 2.2. Bidder shall prepare modifications on Bidder’s letterhead. Each Bid modification must be signed by Bidder’s authorized representative and state that the modifications amend and supersede the identified portions of the Bid.
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BID WITHDRAWAL: A Bid submitted in response to this ITB may be withdrawn by the Bidder prior to Closing. To withdraw a Bid, Bidder must submit a written notice on Bidder’s company letterhead signed by Bidder’s authorized representative. Bid withdrawals must be clearly marked as such and must comply with all Bid Submission requirements in Section 2.2.
2.4. OPENING:
Bids received in response to this ITB will be opened at the scheduled Closing time at 4034 Fairview Industrial Dr. SE, Salem, Oregon 97302. Bidders who choose to attend will be informed only of the names of Bidders submitting Bids.
DURATION OF BID: Bids must be signed by an official Person authorized to bind the Bidder to its provisions. The Bid must remain valid for at least ninety (90) days after the deadline date for Bids Due.
2.5. ACCEPTANCE OF BIDS:
The contents of this ITB and the Bid of the successful Bidder will become part of the Contract. The Bidder will be held to the terms submitted in its Bid. Failure to meet these obligations will result in rejection.
DISCOUNTS: Cash and/or term discounts may be offered by Bidder in its Bid, and will be binding upon Bidder in the event Bidder is awarded the Contract. However, such discounts will not be considered for award purposes unless so specified.
2.6. CANCELLATION OF SOLICITATION AND REJECTION OF BIDS; DELAY OR SUSPENSION OF SOLICITATION:
In accordance with ORS 279B.100, OAR 125-247-0640 and OAR 125-247-0650, the Agency may cancel this Solicitation, or reject any or all Bids in whole or in part, when the Agency determines that such cancellation or rejection is in the Agency’s best interest. The Agency may delay or suspend this Solicitation when the Agency determines that such delay or suspension is in the Agency’s best interest.
3. SPECIFICATIONS – AS DESCRIBED IN ATTACHMENT I (the Sample Contract), EXHIBIT A (the Statement of Work)
4. BID PREPARATION:
4.1. FORMAT AND CONTENT OF BID:
Bidders are required to comply with all of the terms and conditions set forth in this ITB with respect to their Bid and the resulting Contract. Bidders to which the award of a Contract is made should expect to enter into a Contract that includes each and every term, condition, and requirement for the Contract as set forth in this ITB, and any others required by applicable Oregon laws.
4.2. MINIMUM REQUIREMENTS:
CONTRACTOR'S LICENSE: Bidders shall supply their valid Oregon Farm/Forest Labor Contractor License Number in the space provided in Section 4.3 Pricing Submittal of this ITB. This license must have the forest category endorsement. Bidders must have a valid license prior to Contract award. The Bidder that is awarded the Contract must maintain a valid license throughout the duration of the Contract.
This section will be scored on a Pass or Fail basis by the Agency. Failure to meet the minimum Bid requirements will result in the Bid being deemed non-Responsive. Only those Bids determined as being Responsive to the minimum Bid requirements listed below will be considered for further evaluation.
To be considered for Contract award, Bids submitted in response to this ITB must contain, at minimum, the following items:
1. Pricing Submittal;
2. Signature of Bidders Duly Authorized Representative;
3. Bidder Supplemental Information;
4. Residency Statement;
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5. References.
4.2.1. REFERENCES:
Bidders shall provide a minimum of three (3) references from current and former private business and government body customers. These references must be supportive of each Bidder’s ability to comply with the requirements of this ITB. In addition, these references must demonstrate that the Bidder has a minimum of one (1) year of experience with respect to services provided that are similar in size and scope to the work described in this Solicitation Document.
Bidders must provide customer references who can be contacted regarding the quality of workmanship and service provided to current and past customers. No more than one reference will be accepted from any one business entity or government body. Failure to provide complete and/or accurate information may be cause for Bid rejection.
4.2.2. AGENCY’S FURTHER INVESTIGATION:
The Agency reserves the right to investigate any customer references, whether or not furnished by the Bidder, and past performance of any Bidder with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion of a service on schedule, and its lawful payment of suppliers, subcontractors, and employees.
The Agency will, pursuant to OAR 125-247-0500, investigate and evaluate, at any time prior to award and execution of the Contract, if any, the apparent successful Bidder’s responsibility to perform the Services under the Contract. Submission of a signed Bid, as evidenced by the signature in Section 4.4 of this ITB, shall constitute Bidder’s approval for the Agency to obtain any information the Agency deems necessary to conduct the investigation and evaluation. The Agency will determine whether the Bidder meets the standards of responsibility specified in ORS 279B.110 and OAR 125-247-0640.
The Agency may postpone the award or execution of the Contract after the announcement of the apparent successful Bidder(s) in order to complete its investigation and evaluation. The Agency may reject a Bid if, in the Agency’s opinion, overall references responses indicate that the Bidder is not Responsible, as determined under OAR 137-047-0640(1)(c)(F). Failure of the apparent successful Bidder to demonstrate responsibility, as required under OAR 125-247-0500, shall render the Bidder non-Responsible and shall constitute grounds for Bid rejection, as required under OAR 125-247-0640.
The Agency will notify the apparent successful Bidder(s), in Writing, of any other documentation required to complete the investigation and evaluation. Requested additional documentation may include, but is not limited to, the following items: (i) recent profit-and-loss history; (ii) current balance statements; (iii) assets-to-liabilities ratio, including the number and amount of secured versus unsecured creditor claims; (iv) availability of short and long-term financing; (v) bonding capacity; (vi) credit information; (vii) material; (viii) equipment; (ix) facility and personnel information and (x) performance record of Contract performance.
Failure to promptly provide the requested information shall result in Bid rejection.
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4.3.
BIDDER REFERENCE #1: FIRM NAME: __________________________________________________________ ADDRESS: ___________________________________________________________
__________________________________________________________ CONTACT PERSON: ___________________________________________________ POSITION TITLE: ______________________________________________________ TELEPHONE NUMBER: ________________________________________________ E-MAIL: ______________________________________________________________ BIDDER REFERENCE #2 FIRM NAME: __________________________________________________________ ADDRESS: ___________________________________________________________
__________________________________________________________ CONTACT PERSON: ___________________________________________________ POSITION TITLE: ______________________________________________________ TELEPHONE NUMBER: ________________________________________________ E-MAIL: ______________________________________________________________ BIDDER REFERENCE #3 FIRM NAME: __________________________________________________________ ADDRESS: ___________________________________________________________
__________________________________________________________ CONTACT PERSON: ___________________________________________________ POSITION TITLE: ______________________________________________________ TELEPHONE NUMBER: ________________________________________________ E-MAIL: ______________________________________________________________
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PRICING SUBMITTAL:
Bidder’s Company Name: _______________________________________________________
I, the undersigned, shall furnish all equipment, supervision and labor necessary to perform hand spray chemical site preparation and tree planting work services for the Wenaha Wildlife Area in Northeast Oregon.
ESTIMATES NOT BINDING: Any estimate or other information provided by the Agency respecting the physical characteristics or conditions of the land to be treated under the Contract is for information only and shall not be relied upon by any Bidder. By submitting its Bid, Bidder assumes all risk of personally investigating the site and the conditions relating to the Contract Services. Agency neither represents nor warrants the accuracy of any estimate or information, and Bidders agree to bear exclusive responsibility for, and to accept all risks associated with, their estimates of the reasonable costs of the Contract Services.
PRICING REQUIREMENTS:
Bidder MUST provide pricing for ALL items listed below.
The estimated quantities listed below are not a guarantee of purchase, but will be used to determine award. If Contract is awarded, Agency may request more or fewer quantities of the items described below. The unit pricing will apply to any resulting purchase.
All travel, per diem, transportation and other expenses must be included in the unit prices submitted by Bidder. Travel time and expenses to and from job site will not be paid. No move-in, move-out, or demobilization costs will be paid.
Payment will be made only for acreage that has hand spray chemical site preparation and tree planting services completed. Bidder should adjust the unit price for any apparent difference in acreage.
The total Bid price for determining award will be calculated by multiplying the estimated quantity of each item by the unit price to determine the item total, then adding all items.
Award will be made to the lowest Responsible and Responsive Bidder for the total Bid price.
Agency reserves the right to award all, part, or none of the Bid items, whichever is in the best interest of the State.
Bid Item #
Description Amount Unit Unit Bid Price
Item Total
1 Hand Spray Chemical Site
Preparation(Spot treatment @ 250 trees per acre)
22,500 Tree $ $
2 Seedling Planting @ 250 Trees/Acre 22,500 Tree $ $
Oregon Farm/Forest Labor Contractor License #: ______________________________ DATE ______________________________ TELEPHONE #: ( ) _________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE ____________________________ NAME (Please type or print) ____________________________ TITLE______________________
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4.4. SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE:
This Bid shall be signed in ink by an authorized representative of the Bidder. Any alterations or erasures to the Bid shall be initialed in ink by the undersigned authorized representative.
The undersigned acknowledges, attests and certifies individually and on behalf of the Bidder that under penalty of perjury:
i. He/she is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this Bid and all Addenda, if any, issued, and to execute this Bid on behalf of Bidder;
ii. Bidder, acting through its authorized representatives, has read and understands all ITB instructions, specifications, and terms and conditions and all provisions contained in this ITB (including all listed attachments and Addenda, if any, issued);
iii. Bidder certifies that this Bid has been arrived at independently and has been submitted without any collusion designed to limit independent bidding or competition;
iv. Bidder is bound by and will comply with all requirements, specifications, and terms and conditions contained in this ITB and Bid (including all listed attachments and Addenda, if any, issued);
v. Bidder will furnish the designated Services in accordance with all ITB and State-accepted Bid specifications and requirements, and will comply in all respects with the terms of the resulting Contract and any Contracts upon award;
vi. Bidder has not discriminated and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055, and that Contractor is not in violation of any non-discrimination laws; and
vii. I have authority and knowledge regarding the payment of taxes, and that Bidder is, to the best of my knowledge, not in violation of any Oregon Tax Laws.
For purposes of this certification, “Oregon Tax Laws” means those programs listed in ORS 305.380(4), as amended, the provisions of which are incorporated herein by this reference. Examples include, but are not limited to, the state inheritance tax, personal income tax, withholding tax, corporation income and excise taxes, amusement device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the elderly rental assistance program and local taxes administered by the Department of Revenue (Lane Transit District Self-Employment Tax, Lane Transit District Employer Payroll Tax, Tri-Metropolitan Transit District Employer Payroll Tax, and Tri-Metropolitan Transit District Self-Employment Tax).
Authorized Signature and Date: Typed or Printed Name and Title of Signatory: Telephone Number: _______________________ Fax Number: ________________________ E-mail Address: ____________________________________________________________ Business Address: ______________________________________________________________ ______________________________________________________________________________
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4.5. BIDDER SUPPLEMENTAL INFORMATION:
Bidders shall enter in the spaces provided all information requested. Failure to do so may result in Bid rejection.
Legal Business Name: ______________________________________________________________
Owner Name: _____________________________________________________________________
Business Address: _________________________________________________________________
________________________________________________________________________________
Business Telephone Day: ______________________ Eves/Weekends: ___________________
Mobile: _____________________________________ Fax: ______________________________
Email: ______________________________________
Number of Employees: _________________________ Annual Sales $: ____________________
Date Business Established: _____________________
Name and Address of Insurance Agent(s):_______________________________________________
________________________________________________________________________________
________________________________________________________________________________
Telephone No.: _______________________________ Email: ____________________________
Contractor Representative: ___________________________________________________________ (First) (Last)
Business Telephone Day: ______________________ Eves/Weekends: ___________________
Mobile: _____________________________________ Fax: ______________________________
Email: ______________________________________
Business Address: _________________________________________________________________
4.6. BUSINESS DESIGNATION: Please check which applies:
Partnership Limited Partnership Limited Liability Partnership Corporation
Professional Corporation Limited Liability Company Sole Proprietorship Other (Please List):_____________________________________________________ 4.7. RESIDENCY STATEMENT:
Bidders shall enter in the spaces provided all information requested. Failure to do so may result in Bid rejection. ORS 279A.120 (2) states: "For the purposes of awarding a public Contract, a contracting agency shall: (a) Give preference to goods or Services that have been manufactured or produced in this State if price, fitness, availability and quality are otherwise equal; and (b) Add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides."
"Resident Bidder" means a Bidder that has paid unemployment taxes or income taxes in this State during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State and has stated in the Bid whether the Bidder is a "Resident Bidder." (ORS 279A.120 (1) (b))
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A "Non-Resident Bidder" means a Bidder who is not a "Resident Bidder" as defined above. (ORS 279A.120 (1) (a))
By my signature below, I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of Bidder in this matter and, to the best of my knowledge, the following information in this section is true and accurate:
Bidder is a (check one of the following): ( ) Resident Bidder ( ) Non-Resident Bidder.
If a Resident Bidder, enter your Oregon business address: __________________________________
________________________________________________________________________________
If a Non-Resident Bidder, enter state of residency: ________________________________________
If a Non-Resident Bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of contracts with your state’s government or with other governmental bodies in your state?
( ) YES ( ) NO
If yes, state the preference percentage: ________________________________________________
If yes, but not a percentage of Bid price, describe the preference: ____________________________
If yes, state the law or regulation that allows the preference described (legal citation): _____________
_____________________________________________________________________ Bidder’s Name _____________________________________________________________________ Signature of Authorized Representative _____________________________________________________________________ Typed or Printed Name of Authorized Representative _____________________________________________________________________ Title
5. EVALUATION OF BIDS:
5.1. INTRODUCTION: Agency will evaluate the Bids to make a determination of the number of Bidders, if any, to be awarded Contracts. Each Bid submitted on this Solicitation will be evaluated pursuant to OAR 125-247-0600 and according to the process stated below. This ITB does not obligate Agency to award a Contract.
BIDDER AVAILABILITY: Bidders must remain available during the evaluation period to respond to requests for clarification that may be needed to complete the evaluation process. If Bidder receives a request for clarification, Bidder shall provide a written response to the Single Point of Contact identified in Section 1.4 by the close of business on the third working day following the date of the request. Failure to respond within this timeframe may result in a determination that the Bid is non-Responsive, and the Bid may be rejected.
SUBSTANTIAL COMPLIANCE REQUIRED: Incomplete Bids (not in substantial compliance with ITB requirements) cannot be considered and cannot be supplemented by submissions delivered after the ITB Closing date and time. However, the Agency may waive minor deviations from the requirements of the ITB, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.
5.2. RESPONSIVENESS:
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The Agency will review each Bid received in response to this ITB to determine the responsiveness to the minimum submission requirements of the ITB. Bids that are initially determined Responsive to the ITB will be evaluated for cost. Bids that are determined not Responsive to the minimum submission requirements of the ITB will not be further evaluated and will be rejected.
5.3. TOTAL COST:
The Agency will calculate each Bid determined to be initially Responsive to the minimum submission requirements of the ITB to determine the Bidders providing the lowest cost.
RECIPROCAL PREFERENCE: For Bid evaluation purposes only, the Agency will add a percent increase to each out-of-State Bidder's Bid price which is equal to the percent preference, if any, given to resident Bidders of the Bidder's state. For example, if the Bidder is from a State that grants a 10 percent preference to local Bidders, The Agency will add 10 percent to that Bidder’s Bid price. No such adjustments shall operate to amend Bidder’s Bid or Contract entered into pursuant thereto.
6. AWARD:
The Agency, in its discretion, will determine at the time of award the number of Contracts to be awarded. If the Agency awards Contract(s), the Agency shall award the Contract(s) to the lowest, Responsive, Responsible Bidders and will be based on the following: (a) The Agency’s determination that the Bid is Responsive in accordance with the minimum requirements of the ITB; (b) The Agency’s determination that the Bid submitted is the lowest cost to the State; and (c) The Agency’s determination that the Bidders have met the standards of responsibility in accordance with ORS 279B.110 and OAR 125-247-0640.
6.1. INTENT TO AWARD ANNOUNCEMENT:
Agency will notify all Bidders via Notice on ORPIN or written statement of the selected Bidder through Intent to Award a Contract or a Notice of Intent to Award a Contract. This announcement will serve as Notice to all Bidders that Agency intends to award a Contract to the selected Bidder subject to the successful negotiation of any negotiable provisions.
6.2. FINALIZATION OF AWARD AND COMMENCEMENT OF WORK:
After submission of the required information and insurances identified in the Solicitation Document by the awardee and obtaining all requisite approvals required by the Agency will proceed with final award.
Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.
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NOTE TO BIDDERS: DO NOT FILL OUT THIS FORM - THIS SAMPLE WILL BE FILLED IN BY THE AGENCY. THIS CONTRACT FORM WILL BE SENT TO THE INTENDED AWARDEE (CONTRACTOR) BY THE AGENCY’S SINGLE POINT OF CONTACT. THE INTENDED AWARDEE WILL THEN COMPLETE AND SIGN THE CONTRACT AND SEND/DELIVER IT TO THE AGENCY’S SINGLE POINT OF CONTACT. AFTER ALL REQUIREMENTS ARE MET, THE AGENCY WILL THEN SIGN THE CONTRACT AND SEND/DELIVER A COPY TO THE CONTRACTOR AND THE AGENCY’S AUTHORIZED REPRESENTATIVE.
STATE OF OREGON PERSONAL/PROFESSIONAL SERVICES CONTRACT
This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Department of Fish & Wildlife, (“Agency)” and _____________, (“Contractor”) a Corporation and is effective as of the Effective Date. Contractor’s Contract Administrator for this Contract is:
Contractor Company Name Address Phone: (xxx) xxx-xxxx E-Mail:
Agency's Contract Administrator for this Contract is:
Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Dr SE Salem, OR, 97301 Phone: (503) xxx-xxxx E-Mail: [email protected]
Either party may change its Contract Administrator by providing the other notice in compliance with Section 17.6 of this Contract.
1. Contract Term.
The “Effective Date” of this Contract is the later of (i) March 1st, 2018 or (ii) the date this Contract has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on June 1st, 2018 The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured. 2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of
precedence:
2.1. this Contract less all exhibits; 2.2. Exhibit D, (Federal Terms and Conditions); 2.3. Exhibit C (Special Terms and Conditions); 2.4. Exhibit A (Statement of Work); 2.5. Exhibit B (Required Insurance), and 2.6. Exhibit E (Independent Contractor Certification) 2.7. Exhibit F [AGENCY SPECIFIC EXHIBIT-IF NEEDED]
The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.
3. Services.
3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.
3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work. Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.
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3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverable does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables. Failure of the Deliverables to have the characteristics or meet in all material respects the acceptance criteria set forth in the Statement of Work after the second submission will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default provided for by law or the terms of this Contract.
4. Compensation.
4.1. Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $0.00 Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work, and will not pay for Work performed before the date this Contract becomes effective or after the termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.
4.2. Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, will be made only for completed and accepted Deliverables and Services, and will be made in accordance with the payment schedule and requirements set forth in Exhibit A.
4.3. Invoices. Contractor shall submit invoices to Agency as set forth in the Statement of Work or, if not set forth therein, to Agency’s Contract Administrator. Contractor may submit invoices in accordance with the payment schedule set forth in the Statement of Work or, if no payment schedule is set forth therein, then no more frequently than once per month for accepted Deliverables and Services The invoices must describe all Services performed with particularity, including the dates Contractor performed the Services for which it is requesting payment, and by whom the Services were performed and shall itemize and explain all expenses that this Contract requires Agency to pay and for which Contractor claims reimbursement.
4.4. Expenses. Agency will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement Work or elsewhere in this Contract. Any such authorized travel expenses must comply with the Oregon Travel Policy available on the Internet at: http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf
4.5. Funds Available and Authorized. Contractor will not be compensated for Services performed under this Contract by any agency or department of the State of Oregon other than Agency. Agency believes it has sufficient funds currently available and authorized for expenditure to make payments under this Contract within Agency’s biennial appropriation or limitation. Contractor understands and agrees that Agency’s payments under this Contract are contingent on Agency receiving appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.
5. Contractor’s Personnel.
5.1. Key Persons. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this Contract, because of the special qualifications of Contractor's key persons identified in the Statement of Work (each a “Key Person” and, together, “Key Persons”). Neither Contractor nor a Key Person may delegate performance of the powers and responsibilities that a Key Person is required to provide under this Contract to another Contractor employee, subcontractor or agent without first obtaining the written consent of Agency. Further, Contractor may not re-assign or transfer a Key Person to other duties or positions such that the Key Person is no longer available to provide the Agency with the required expertise, experience, judgment, and personal attention, without first obtaining Agency's written consent to such re-assignment or transfer, which Agency will not unreasonably withhold or delay. Notwithstanding the foregoing, Contractor
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may replace a Key Person in the event the Key Person is no longer available due to circumstances beyond Contractor’s reasonable control, such as death, illness, or termination of employment with Contractor. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, or if Contractor must replace a Key Person, Agency may interview, review the qualifications of, and approve or reject the proposed replacement for the Key Person. Any such replacement must have substantially equivalent or better qualifications than the Key Person being replaced. Any replacement personnel approved by Agency in writing (email acceptable) will thereafter be deemed a Key Person for purposes of this Contract, and the Statement of Work will be deemed amended to include such Key Person.
5.2. Payment for Replacement Key Personnel. If Agency is paying Contractor on an hourly or other periodic basis, then Contractor will not charge Agency, and Agency will not pay, for a replacement Key Person while such replacement acquires the project knowledge and skills necessary to perform the Services. Such period of non-charge will be agreed upon by the parties.
5.3. State Premises. Contractor and Contractor staff shall comply with all policies, rules, procedures, and regulations established by Agency and the State for access to and activities in and around premises controlled by Agency or any other agency of the State.
6. Independent Contractor; Responsibility For Taxes And Withholding
6.1. Independent Contractor. Contractor shall perform all Services as an independent contractor. Agency reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services; however, Agency may not and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing the Services.
6.2. No Conflicts. Contractor, by signature to this Contract, represents and warrants that Contractor’s performance of the Services under this Contract creates no potential or actual conflict of interest as defined by ORS 244; and no statutes, rules or regulations of any State of Oregon or federal agency for which Contractor currently performs work would prohibit Contractor from performing the Services under this Contract.
6.3. Affiliation. Contractor understands and agrees that it is not an "officer," "employee," or "agent" of the State of Oregon, as those terms are used in ORS 30.265 or otherwise.
6.4. Taxes and Benefits. Contractor is responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless required by applicable law, Agency will not withhold from such compensation or payments any amount to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual.
7. Subcontracts, Successors, And Assignments
7.1. Subcontracts. Contractor shall not enter into any subcontracts for any of the Services required by this Contract without Agency's prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that Agency will receive the benefit of subcontractor’s performance as if the subcontractor were Contractor. Agency’s consent to any subcontract does not relieve Contractor of any of its duties or obligations under this Contract.
7.2. Successors and Assigns. The provisions of this Contract are binding upon and inure to the benefit of the parties to this Contract, their respective successors, and permitted assigns, if any.
7.3. No Assignment. Contractor shall not assign or transfer any of its rights or delegate its obligations under this Contract without Agency’s prior written consent.
8. Representations and Warranties.
8.1. Contractor’s General Representations and Warranties. Contractor represents and warrants to Agency that:
8.1.1. Contractor has the power and authority to enter into and perform this Contract;
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8.1.2. This Contract, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms;
8.1.3. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Services;
8.1.4. Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty; and
8.1.5. Contractor (to the best of Contractor’s knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the Effective Date, faithfully has complied with:
8.1.5.1. All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;
8.1.5.2. Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;
8.1.5.3. Any tax provisions imposed by a political subdivision of this State that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and
8.1.5.4. Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.
8.2. Contractor’s Performance Warranties.
8.2.1. Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor shall apply that skill and knowledge with care and diligence to perform the Services in a professional manner and in accordance with the highest standards prevalent in Contractor’s industry, trade or profession;
8.2.2. The Services and each Deliverables delivered by Contractor pursuant to the Services will materially comply with any service descriptions, specifications, standards or requirements set forth in this Contract;
8.2.3. Except as otherwise provided in this Contract (including Section 9), Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind; and
8.2.4. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract.
8.3. Warranties cumulative. The warranties set forth in Section 8 are in addition to, and not in lieu of, any other warranties set forth elsewhere in this Contract.
9. Ownership of Work Product.
9.1. Definitions. As used in this Section 9, and elsewhere in this Contract, the following terms have the meanings set forth below:
9.1.1. “Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from the Services.
9.1.2. “Third Party Intellectual Property” means any intellectual property owned by parties other than Agency or Contractor.
9.1.3. “Work Product” means everything that is originally made, conceived, discovered, or reduced to practice by Contractor or Contractor’s subcontractors or agents (either alone or with others) pursuant
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to this Contract, including every invention, modification, discovery, design, development, customization, configuration, improvement, process, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection).
9.2. Original Works. All Work Product created by Contractor pursuant to the Services, including derivative works and compilations of Work Product, and whether or not such Work Product is considered a work made for hire or an employment to invent, is the exclusive property of Agency. Agency and Contractor agree that such Work Product is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act. If for any reason the Work Product is not “work made for hire,” Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon Agency’s reasonable request, Contractor shall execute such further documents and instruments necessary to fully vest such rights in Agency. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.
9.3. License in Contractor Intellectual Property. In the event that a Deliverables delivered by Contractor under this Contract is or is a derivative work based on Contractor Intellectual Property, or is a compilation that includes Contractor Intellectual Property, Contractor hereby grants to Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Contractor Intellectual Property employed in the Deliverables, and to authorize others to do the same on Agency’s behalf.
9.4. License in Third Party Intellectual Property. In the event that a Deliverables delivered by Contractor under this Contract is or is a derivative work based on Third Party Intellectual Property, or is a compilation that includes Third Party Intellectual Property, Contractor shall secure on the Agency’s behalf and in the name of the Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Third Party Intellectual Property employed in the Deliverables, and to authorize others to do the same on Agency’s behalf.
9.5. No Rights. Except as expressly set forth in this Contract, nothing in this Contract may be construed as granting to or conferring upon Contractor any right, title, or interest in any intellectual property that is now owned or subsequently owned by Agency. Except as expressly set forth in this Contract, nothing in this Contract may be construed as granting to or conferring upon Agency any right, title, or interest in any Contractor Intellectual Property that is now owned or subsequently owned by Contractor.
9.6. Marks. Neither party grants the other the right to use its trademarks, trade names, service marks or other designations in any promotion or publication without prior written consent. Each party grants only the licenses and rights specified in this Contract.
9.7. Competing Services. Subject to the provisions of this Section 9, and Contractor’s obligations with respect to Confidential Information, including as defined in Section 10, nothing in this Contract precludes or limits in any way the right of Contractor to: (i) provide services similar to those contemplated in this Contract, or consulting or other services of any kind or nature whatsoever to any individual or entity as Contractor in its sole discretion deems appropriate, or (ii) develop for Contractor or for others, Deliverables or other materials that are competitive with those produced as a result of the Services provided hereunder, irrespective of their similarity to the Deliverables delivered pursuant to this Contract. Each party is free to utilize any concepts, processes, know-how, techniques, improvements or other methods it may develop during the course of performance under this Contract free of any use restriction or payment obligation to the other.
10. Confidential Information.
10.1. Confidential Information. Contractor acknowledges that it and its employees, officers, directors, agents or subcontractors (collectively, “Contractor Staff”) may, in the course of performing the Services under this Contract, be exposed to or acquire information that is confidential to Agency or Agency’s clients. Any and all information of any form (including but not limited to records, files, papers, materials, documents, and communications in written, verbal, oral and electronic form) that Contractor or any Contractor Staff may come into contact with or that is obtained by Contractor or Contractor Staff in the performance of this
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Contract shall be considered for the purposes of this Contract the confidential information of Agency (“Confidential Information”). Contractor shall, and shall cause Contractor Staff to treat any reports or other documents or items (including software) that result from the use of the Confidential Information in the same manner as the Confidential Information. Confidential Information does not include information that (i) is or becomes (other than by disclosure by Contractor or Contractor Staff acquiring such information) publicly known or is contained in a publicly available document except to the extent applicable law still restricts disclosure; (ii) is furnished by Agency to others without restrictions similar to those imposed by this Contract; (iii) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Contract; (iv) is obtained from a source other than Agency without the obligation of confidentiality, (v) is disclosed with the written consent of Agency, or; (vi) is independently developed by Contractor or Contractor Staff who can be shown to have had no access to the Confidential Information.
10.2. Non-Disclosure. Contractor shall hold, and shall cause Contractor Staff to hold, all Confidential Information in confidence, using the highest standard of care applicable, and shall not copy, reproduce, sell, assign, license, market, transfer, distribute, or otherwise dispose of, give, make available or disclose, in whole or in part, directly or indirectly, Confidential Information to third parties (other than its authorized subcontractors), or use Confidential Information for any purposes whatsoever other than the provision of Services to Agency hereunder, and shall advise Contractor Staff of their obligations to keep Confidential Information confidential. Contractor shall assist Agency in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Agency immediately in the event Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Contract, and Contractor will at its expense cooperate with Agency in seeking injunctive or other equitable relief in the name of Agency or Contractor against any such person. Contractor shall not at any time during or after the term of this Contract, except as directed by Agency, disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Contract. Upon expiration or termination of this Contract or at Agency’s request, Contractor shall deliver to Agency all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing and unless otherwise specified in this Contract, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of performance of the Services.
10.3. Confidentiality Policies. Contractor shall, upon Agency’s request, provide its policies and procedures for safeguarding Confidential Information to Agency for Agency’s review and consent. Such policies must address information conveyed in oral, written, and electronic format and include procedures for how Contractor will respond when a violation or possible violation occurs.
10.4. Injunctive Relief. Contractor acknowledges that breach of this Section 10, including disclosure of any Confidential Information, will cause irreparable injury to Agency that is inadequately compensable in damages. Accordingly, Agency may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Agency and are reasonable in scope and content.
10.5. Publicity. Contractor agrees that it will not disclose the form, content or existence of this Contract or any Deliverables in any advertising, press releases or other materials distributed to prospective customers, or otherwise attempt to obtain publicity from its association with Agency or the State of Oregon, whether or not such disclosure, publicity or association implies an endorsement by Agency or the State of Oregon of Contractor’s services, without the prior written consent of Agency.
11. Indemnity by Contractor.
11.1. Claims. Contractor shall defend, save, hold harmless, and indemnify the State of Oregon and Agency and their officers, employees and agents from and against all third party claims, suits, actions, losses, damages, liabilities, costs (including attorneys’ fees) and expenses (collectively, "Claims") of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under this Contract, including but not limited to, unauthorized disclosure of Confidential Information, professional malfeasance, infringement of intellectual property rights, intentional, willful, or wanton wrongful acts, and acts outside the scope of Services set forth in this Contract.
11.2. Legal Counsel. If Contractor is required to defend the State of Oregon or Agency or their officers, employees or agents under Section 11.1, then Contractor shall select legal counsel reasonably acceptable
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to the Oregon Attorney General to act in the name of, or represent the interests of, the State of Oregon, Agency or their officers, employees and agents. Such legal counsel must accept appointment as a special assistant attorney general under ORS chapter 180 before such action or representation. Further, the State of Oregon, acting by and through its Department of Justice, may assume its own defense, including that of its officers, employees and agents, at any time when in the State of Oregon's sole discretion it determines that (i) proposed counsel is prohibited from the particular representation contemplated; (ii) counsel is not adequately defending the interests of the State of Oregon or its officers, employees and agents; (iii) important governmental interests are at stake; or (iv) the best interests of the State of Oregon are served thereby. Contractor's obligation to pay for all costs and expenses includes those incurred by the State of Oregon in assuming its own defense or that of its officers, employees, and agents under (i) and (ii) above.
11.3. Damages to State Property and Employees. Contractor is liable for all Claims for personal injury, including death, damage to real property and damage to tangible and intangible personal property of the State of Oregon or any of its employees, subcontractors or agents resulting from, arising out of, or relating to the intentional, reckless or negligent acts or omissions of Contractor or its officers, employees, subcontractors, or agents under this Contract
11.4. CONTRACTOR IS NOT AUTHORIZED TO SETTLE OR COMPROMISE ANY CLAIM REFERENCED IN THIS SECTION WITHOUT THE EXPRESS WRITTEN CONSENT OF AGENCY.
12. Limitation of Liabilities.
12.1. EXCEPT FOR LIABILITY ARISING OUT OF OR RELATED TO (i) SECTION 10, OR (ii) SECTION 11, CONTRACTOR’S LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO ONE AND ONE HALF TIMES THE MAXIMUM-NOT-TO-EXCEED AMOUNT OF THIS CONTRACT.
12.2. EXCEPT FOR LIABILITY TO THIRD PERSONS ARISING OUT OF OR RELATED TO (i) SECTION 10, OR (ii) SECTION 11, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, LOST SAVINGS, OR PUNITIVE, INDIRECT, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES.
13. Insurance. Contractor shall maintain insurance as set forth in Exhibit B.
14. Default; Remedies; Termination.
14.1. Default by Contractor. Contractor will be in default under this Contract if:
14.1.1. Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or
14.1.2. Contractor no longer holds a license or certificate that is required for Contractor to perform its obligations under the Contract and Contractor has not obtained such license or certificate within 14 calendar days after Agency’s notice or such longer period as Agency may specify in such notice; or
14.1.3. Contractor commits any material breach or default of any covenant, warranty, obligation, certification, or agreement under this Contract, fails to perform the Services under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Services as to endanger Contractor's performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 14 calendar days after Agency's notice, or such longer period as Agency may specify in such notice.
14.2. Agency’s Remedies for Contractor’s Default. In the event Contractor is in default under Section 14.1, Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, including, but not limited to:
14.2.1. Termination of this Contract under Section 14.6.2; or
14.2.2. Withholding all monies due for Services and Deliverables that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively; or
14.2.3. Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or
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14.2.4. Exercise of its right of setoff, and withholding of amounts otherwise due and owing to Contractor, without penalty.
14.3. Remedies Cumulative. The remedies set forth in Section 14.2 are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If a court determines that Contractor was not in default under Sections 14.1, then Contractor will be entitled to the same remedies as if this Contract was terminated pursuant to Section 14.6.1.
14.4. Default by Agency. Agency will be in default under this Contract if:
14.4.1. Agency fails to pay Contractor any amount pursuant to the terms of this Contract, and Agency fails to cure such failure within 30 calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice; or
14.4.2. Agency commits any material breach or default of any covenant, warranty, or obligation under this Contract, and such breach or default is not cured within 30 calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice.
14.5. Contractor’s Remedies. In the event Agency terminates this Contract under Section 14.6.1, or is in default under Section 14.4, and whether or not Contractor elects to exercise its right to terminate the Contract under Section 14.6.3, Contractor’s sole monetary remedy will be (i) with respect to Services compensable at a stated rate, a claim for unpaid invoices, time worked within any limits set forth in this Contract but not yet invoiced and authorized expenses incurred and interest, subject to ORS 293.462, and (ii) with respect to Deliverables-based Services, a claim for the sum designated for completing the Deliverables multiplied by the percentage of Services completed and accepted by Agency, less previous amounts paid and any claim(s) that Agency has against Contractor. In no event will Agency be liable to Contractor for any expenses related to termination of this Contract or for anticipated profits. If previous amounts paid to Contractor exceed the amount due to Contractor under this Section 14.5, Contractor shall pay immediately any excess to Agency upon written demand.
14.6. Termination.
14.6.1. Agency’s Right to Terminate at its Discretion. Agency may terminate this Contract:
14.6.1.1. Upon 30 calendar days’ prior written notice by Agency to Contractor;
14.6.1.2. Immediately upon written notice by Agency to Contractor if Agency fails to receive funding, appropriations, limitations, allotments or other expenditure authority at levels sufficient to pay for the Services or Work Products; or
14.6.1.3. Immediately upon written notice by Agency to Contractor if federal or state laws, regulations, or guidelines are modified or interpreted in such a way that the Agency’s purchase of the Services or Work Products under this Contract is prohibited or Agency is prohibited from paying for such Services or Work Products from the planned funding source.
14.6.2. Agency’s Right to Terminate for Cause. In addition to any other rights and remedies Agency may have under this Contract, Agency may terminate this Contract immediately upon written notice by Agency to Contractor, or at such later date as Agency may establish in such notice, if Contractor is in default under Section 14.1.
14.6.3. Contractor’s Right to Terminate for Cause. Contractor may terminate this Contract immediately upon written notice to Agency, or at such later date as Contractor may establish in such notice, if Agency is in default under Section 14.4.
14.7. Return of Property. Upon termination of this Contract for any reason whatsoever, Contractor shall immediately deliver to Agency all of Agency’s property (including without limitation any Services or Work Products for which Agency has made payment in whole or in part) that is in the possession or under the control of Contractor in whatever stage of development and form of recordation such Agency property is expressed or embodied at that time.
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14.8. Effect of Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract, unless Agency expressly directs otherwise in such notice of termination. Upon Agency's request, Contractor shall surrender to anyone Agency designates, all documents, research or objects or other tangible things needed to complete the Services and the Deliverables.
15. Compliance with Law.
15.1. Compliance with Law Generally. Contractor shall comply, and cause all subcontractors to comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to this Contract and the performance of the Services. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to this Contract: (i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii) Title V and Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142, as amended; (iv) Executive Order 11246, as amended; (v) the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act portion of the American Recovery and Reinvestment Act of 2009 (ARRA), including the Privacy and Security Rules found at 45 CFR Parts 160 and 164, as the law and its implementing regulations may be updated from time to time; (vi) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended; (viii) Section 188 of the Workforce Investment Act (WIA) of 1998, as amended; (ix) ORS Chapter 659, as amended; (x) all regulations and administrative rules established pursuant to the foregoing laws; and (xi) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. Agency’s performance under the Contract is conditioned upon Contractor's compliance with the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270 which are incorporated by reference herein. Contractor shall, to the maximum extent economically feasible in the performance of this Contract, use recycled paper (as defined in ORS 279A.010(1)(gg)), recycled PETE products (as defined in ORS 279A.010(1)(hh)), and other recycled products (as “recycled product” is defined in ORS 279A.010(1)(ii)).
15.2. Compliance with Oregon Tax Laws.
15.2.1. Contractor shall, throughout the duration of this Contract, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this section, “tax laws” includes the tax laws described in Section 8.1.5.1 through 8.1.5.4.
15.2.2. Any violation of Section 15.2.1 constitutes a material breach of this Contract. Further, any violation of Contractor’s warranty in Section 8.1.5 of this Contract that Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also constitutes a material breach of this Contract. Any violation entitles Agency to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to:
15.2.2.1. Termination of this Contract, in whole or in part;
15.2.2.2. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor without penalty; and
15.2.2.3. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. Agency is entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing replacement Services.
15.2.3. These remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.
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15.3. Compliance with Federal Law. Contractor shall comply with all applicable federal laws, including, without limitation, those set forth in Exhibit D, which is attached and incorporated into this Contract by this reference.
16. Governing Law; Venue and Jurisdiction.
16.1. Governing Law. This Contract is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law.
16.2. Venue and Jurisdiction. Any claim, action, suit or proceeding between Agency (or any other agency or department of the State of Oregon) and Contractor that arises from or relates to this Contract must be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. In no event may this section be construed as (i) a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim, action, suit or proceeding, or (ii) consent by the State of Oregon to the jurisdiction of any court.
17. Miscellaneous Provisions.
17.1. Records Maintenance; Access. Contractor shall maintain all financial records relating to this Contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records, books, documents, papers, plans, records of shipments and payments and writings of Contractor, whether in paper, electronic or other form, that are pertinent to this Contract (“Records”) in such a manner as to clearly document Contractor's performance. Contractor acknowledges and agrees that Agency and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives will have access to such financial records and other Records that are pertinent to this Contract, whether in paper, electronic or other form, to perform examinations and audits and make excerpts and transcripts. Contractor shall retain and keep accessible all such financial records and other Records for a minimum of 6 years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.
17.2. Foreign Contractor. If Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this Contract. Contractor shall demonstrate its legal capacity to perform the Services under this Contract in the State of Oregon prior to entering into this Contract.
17.3. Force Majeure. Neither Agency nor Contractor may be held responsible for delay or default caused by fire, riot, acts of God, terrorist acts, or other acts of political sabotage, or war where such cause was beyond the reasonable control of Agency or Contractor, respectively. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract.
17.4. Survival. All rights and obligations cease upon termination or expiration of this Contract, except for the rights and obligations and declarations which expressly or by their nature survive termination of this Contract, including without limitation this Section 17.4, and provisions regarding Contract definitions, warranties and liabilities, independent Contractor status and taxes and withholding, maximum compensation, Contractor’s duties of confidentiality, ownership and license of intellectual property and Deliverables, confidentiality and non-disclosure, Contractor’s representations and warranties, control of defense and settlement, remedies, return of Agency property, dispute resolution, order of precedence, maintenance and access to records, notices, severability, successors and assigns, third party beneficiaries, waiver, headings, and integration.
17.5. Time is of the Essence. Contractor agrees that time is of the essence under this Contract.
17.6. Notice. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder must be given in writing by email, personal delivery, facsimile, or mailing the same, postage prepaid, to Contractor or Agency at the email address, postal address or telephone
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number set forth in this Contract, or to such other addresses or numbers as either party may indicate pursuant to this Section 17.6. Any communication or notice so addressed and mailed is effective five business days after mailing. Any communication or notice delivered by facsimile is effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours, or on the next business day, if transmission was outside normal business hours of the recipient. To be effective against Agency, any notice transmitted by facsimile must be confirmed by telephone notice to Agency’s Contract Administrator. Any communication or notice given by personal delivery is effective when actually delivered. Any notice given by email is effective when the sender receives confirmation of delivery, either by return email, or by demonstrating through other technological means that the email has been delivered to the intended email address.
17.7. No Third Party Beneficiaries. Agency and Contractor are the only parties to this Contract and are the only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or may be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.
17.8. Severability. The parties agree that if any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or otherwise invalid, the validity of the remaining terms and provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.
17.9. Merger Clause; Waiver. This Contract and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Contract. No waiver, consent, modification or change of terms of this Contract will bind the parties unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or change, if made, will be effective only in the specific instance and for the specific purpose given. The failure of Agency to enforce any provision of this Contract in one instance will not constitute a waiver by Agency of its right to enforce that or any other provision.
17.10. Amendments. Agency may amend this Contract to the extent permitted by applicable statutes and administrative rules. No amendment to this Contract is effective unless it is in writing signed by the parties, and has been approved as required by applicable law.
17.11. Counterparts. This Contract may be executed in several counterparts, all of which when taken together constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Contract so executed constitutes an original.
17.12. Oregon False Claims Act. Contractor acknowledges the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any action by Contractor pertaining to this Contract, including the procurement process relating to this Contract that constitutes a "claim" (as defined by ORS 180.750(1)). By its execution of this Contract, Contractor certifies the truthfulness, completeness, and accuracy of any statement or claim it has made, it makes, it may make, or causes to be made that pertains to this Contract. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false claim or performs a prohibited act under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against Contractor. Contractor understands and agrees that any remedy that may be available under the Oregon False Claims Act is in addition to any other remedy available to the State or Agency under this Contract or any other provision of law.
17.13. Certifications. The individual signing on behalf of Contractor hereby:
17.13.1. Certifies and swears under penalty of perjury to the best of the individual’s knowledge that: (a) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding, (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (b) s/he is authorized to act on behalf of Contractor, s/he has authority and knowledge regarding Contractor's payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any Oregon tax laws, including, without limitation, those tax laws listed in ORS 305.380(4), namely ORS Chapters 118, 314, 316,
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317, 318, 320, 321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS 310.657; and any local taxes administered by the Oregon Department of Revenue under ORS 305.620; (c) Contractor is an independent contractor as defined in ORS 670.600; and (d) the supplied Contractor tax identification numbers are true and accurate;
17.13.2. Certifies that, to the best of the undersigned’s knowledge, Contractor has not discriminated against and will not discriminate against any disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business certified under ORS 200.055 in obtaining any required subcontracts;
17.13.3. Certifies that the information provided on the attached Exhibit E, Independent Contractor Certification, is true and correct as of the Effective Date; and
17.13.4. Certifies that Contractor and Contractor’s employees and agents are not included on the list titled “Specially Designated Nationals and Blocked Persons” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf.
CONTRACTOR Authorized Signature: ___________________________________ Date: _________________ Title: ________________________________ Federal Tax Number ____________________ Oregon/State Tax Number_______________________ AGENCY Authorized Signature: __________________________________ Date: ________________
Cameron Smith Title: Deputy Director for Administration
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EXHIBIT A STATEMENT OF WORK
Part I GENERAL PROVISIONS
Contractor shall furnish all equipment, supervision and labor to perform hand spray chemical site preparation and seedling planting work for the Oregon Department Fish and Wildlife (Agency), Wenaha Wildlife Area, located near Troy, Oregon, in conformance with the specifications, terms and conditions as outlined herein. 1.1 AGENCY CONTRACT ADMINISTRATOR:
Sarah Andersen 802 W. Hwy 82 Wallowa, Oregon 97885 (541) 886-2881
Part II: PROJECT SPECIFICATIONS
WORK TO BE DONE.
1. Chemical Site Prep: CONTRACTOR shall provide all labor, supervision, equipment, and water for treating all competing vegetation with herbicide by the foliar spray method, as evenly as possible as shown on the attached maps.
TREATMENT STANDARDS.
Chemical Site Prep: Spray-to-wet foliar application using backpack sprayers (solo brand or similar), treating 100% of the competing vegetation within the designated work area. Spot treatment areas shall be up to 4’x4’. Competing vegetation is defined as vegetation that inhibits the growth of conifer species. i.e. grass, brush species. Chemical rates per acre, as specified by STATE, shall be achieved by spraying 18 oz. AI Velpar/1 gallon of water.
WORK AREAS.
Ground Spot Prep: 90 Acres @ 250 seedlings/acre
Unit locations are shown on the attached map. Payment will be according to actual trees planted. CONTRACTOR should adjust the bid rate for any apparent difference in trees planted.
Anticipated Amendments
ODFW reserves the right to amend the resulting Contract from this ITB.
ODFW has determined that during the term of the Contract, the parties may need to modify selected terms, conditions, price(s) or services.
i. Amendments to the Statement of Work of the Contract to add or subtract services to/from the statement of Work;
ii. Amendments to extend the term of the Contract; and iii. Amendments to payment provisions associated with Amendments (a) or (b) above.
2. WORK TO BE DONE - PLANTING. Planting consists of locating acceptable microsites according to the required target spacing intervals stated in Table 1, and planting seedlings in each acceptable microsite. Acceptable microsites are defined in Section 4.1.
Seedlings must be planted according to the requirements in Section 4. "Planting Specifications" in order to count toward the acceptable range of seedlings per acre.
Contractor must plant seedlings on 100 percent of the plantable area within a planting unit. Non-plantable areas are defined in Section 4.2 "Non-Plantable Spots."
WORK AREAS. There are approximately 90 acres to be planted. On these acres, Contractor shall plant 22,500 seedlings.
The location of each work unit is shown on attached maps.
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Agency shall determine the order in which units will be planted. Planting unit order will depend upon soil condition, weather conditions, available planting stock, and supplies. Agency reserves the right to specify the location, by species, within a unit when multiple species are planted.
2.1 Adjustments in Acreage. Agency reserves the right, at its sole discretion, to reduce or to increase the acreages to be hand sprayed or planted under this Contract by an amount that does not exceed 20 percent of the total acreage specified for each project. No increase or decrease shall change the unit price, and the Agency will pay Contractor no more than the product of the unit price and number of acres actually planted by Contractor, unless otherwise agreed to by Agency in writing.
2.2 WORK PERIOD. After Agency issues the written Notice to Proceed, Contractor shall commence work no later than April 1, 2018 unless otherwise approved by Agency. Contractor shall schedule a pre-work meeting with the Agency Contract Administrator before Contractor begins work under the Contract. At the pre-work meeting, the actual start date will be decided. Contractor shall work continuously and shall adhere to the production schedule in Section 2.5, unless weather conditions or circumstances beyond Contractor's control prevent working. Any suspension of work of more than 24 hours must be approved in writing by Agency representative.
Project Period – Planting: March 2018 to April 2018
Contractor shall complete all work under the Contract no later than May 1, 2018. Agency, by written notice to Contractor, may extend the date of completion if Agency determines that weather or other conditions justify such action.
2.3 PRODUCTION SCHEDULE. Once work has commenced, Contractor shall maintain progress at a continuous rate which will assure adherence to the following production schedules. Agency may modify the production schedules in writing.
If Contractor does not meet the above schedules, Agency, at its option, reserves the right to require Contractor to submit a Written Plan which describes the action to be taken to correct scheduling deficiencies. This plan must be approved by Agency.
If the Written Plan is not satisfactory to Agency, or action taken by Contractor is not sufficient to correct deficiencies, Agency may:
a. Require Contractor to hire additional crews to correct deficiencies at no cost to Agency; b. Hire crews to correct deficiencies and bill Contractor for costs incurred by Agency; or c. Terminate the Contract as provided in Section M of the Contract
2.4 WORK CREWS. Contractor shall provide a minimum of one crew daily, during the Project Period. Each crew shall be supervised by an experienced foreman. Supervisors shall be designated by Contractor and shall work as foreman for the duration of the Contract, unless otherwise approved by Agency. Supervisors will not conduct work themselves, but will be responsible for assuring that each crew member is working according to the specifications in Sections 4 and 5.
Part III: MATERIALS AND SERVICES
1. PLANTING STOCK. Agency will furnish the seedlings to be planted. The following stock types are planned to be planted:
a. Western Larch stryo 8 b. Ponderosa Pine styro 8
1.1 Agency reserves the right to substitute stock types.
1.2 MATERIALS AND SERVICES FURNISHED BY AGENCY:
a. Designated representative to acquaint Contractor with work areas and access roads and to represent Agency in administration of the contract.
b. Periodic inspection of work for compliance and certification of Contractor's work. c. Maps of work units. d. Planting stock at designated delivery locations.
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2. MATERIALS AND SERVICES FURNISHED BY CONTRACTOR:
a. All equipment necessary to complete the work specified in the contract (i.e., planting shovels, hoedads, planting bags, chainsaws, fuel, oil).
b. All costs of equipment, operation, and transportation. One crew each day, with an experienced, qualified supervisor.
c. All required safety equipment and training. d. Designated representative to supervise contract operations and represent Contractor. e. An ATV for hauling seedlings from Agency truck to planting unit landings (where access
roads are blocked). f. Water and containers necessary for dipping roots of all bareroot seedlings immediately prior to
planting.
2.1 Contractor may leave equipment and material, except seedlings, at the work site. However, Agency will not be responsible for Contractor's equipment and Agency-furnished material if it should be lost, stolen, or damaged.
3. PLANTING SPECIFICATIONS
Planting consists of locating acceptable microsites, according to the target spacing intervals stated in Table 1, and planting seedlings at each of those microsites.
3.1 ACCEPTABLE MICROSITES. An acceptable microsite is a location that offers the seedling optimum opportunities for temperature, moisture, light, nutrients, and oxygen while minimizing physical constraints. They are often found adjacent to existing stumps, decomposing logs, or on natural mounds and facing north.
3.1.1 Contractor is responsible for selecting acceptable microsites as described in this section. Microsite selection is so important, that if Agency determines that any seedling was planted on an unacceptable microsite, Agency will classify it as an unacceptable seedling.
3.2 NON-PLANTABLE SPOTS. Contractor shall not plant seedlings in non-plantable spots. A spot is considered non-plantable if it does not meet the definition of an acceptable microsite, as determined by Agency. Locations which Agency considers non-plantable include, but are not limited to, the following:
a. Rock outcroppings b. Cut-banks c. Within 6 feet of the road’s edge d. Wet or swampy soil where visible water is seen at bottom of planting hole. e. Where the shovel or hoedad cannot be inserted fully into the ground. f. Where the hole cannot be opened sufficiently to allow the seedling to be fully inserted into hole
without obstruction.
3.3 PLANTING MICROSITE PREPARATION. Contractor shall remove a minimum of 12” x 12” organic layer to expose the mineral soil (scalp). Contractor shall minimize disturbance to the planting microsite to preserve the integrity of the protective surface layers and the nutrient rich organic layer.
3.4 PLANTING EQUIPMENT. For the planting of bare root seedlings, shovels shall be used which have an overall blade length of 14 inches. For the planting of plug seedlings, hoedad or shovels shall be used. Shovels used should have blade dimensions no greater than: 8” in overall length, a width of 4.5” across the top, and tapered to a point of 2.75”.
3.5 SEEDLING PLACEMENT. The roots of each bare root seedling shall be placed in the ground so that the roots assume a near natural arrangement. The roots shall not be twisted, angled, compacted together, or turned up at the ends (i.e., no "J" or "L" roots). Examples of both acceptable and unacceptable bare root seedling placement are shown in Exhibit E, “Bare Root Seedling Rooting Examples”. Plug seedlings must be placed in the ground so that the plug’s entire length is straight, not twisted or turned up at the ends, and is not compressed or flattened either horizontally or vertically. Examples of unacceptable plug seedling placement are shown in Exhibit E, "Plug Seedling Planting Errors".
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3.6 DEPTH OF PLANTING. The root collar of each seedling must be at the ground line. Examples of acceptable and unacceptable planting depth are shown in Exhibit E, “PLANTING DEPTH.”
3.7 POSITION OF STEM. Each planted seedling shall stand erect and perpendicular to the horizontal plane, not to the slope of the ground. However, when planting transplant stock with bent stems, the roots shall be placed vertically, disregarding the stem position.
3.8 FIRMNESS OF PLANTED SEEDLING. The planting hole for both bare root and plug seedlings must be gently closed using the hand or the shovel. Use of the heel to close the planting hole is not permitted, however the toe may be used to close the planting hole, as directed by Agency. The objective is to close the planting hole but to maintain the aeration properties of the organic material and soil adjacent to the roots.
3.9 ACCEPTABLE ESTABLISHED SEEDLING. An acceptable established seedling is one that exists on the planting unit prior to planting. It must be at least 10 inches in height, have deep green color and full crown, have no significant damage, be located on an acceptable microsite and be an acceptable species. Contractor may skip planting on spots where an acceptable established seedling exists at the target spacing (Table 1).
3.10 Acceptable species are limited to the following: Douglas-fir, Ponderosa Pine, and Western Larch.
3.11 CARE OF SEEDLINGS. Roots of seedlings must be kept moist at all times. The supply of seedlings at the planting site must be stored in a cool, shady place and never left exposed to the sun or wind. If seedling boxes cannot be kept in a shady place, they shall be covered using a reflective “Heat Shield Tarp”. If at any time Contractor notices mold, frozen roots, dry roots, or other evidence of injury, Contractor shall immediately notify Agency.
3.12 If seedlings may be damaged in planters' bags due to stuffing, the number of seedlings per bag will be restricted as directed by Agency. Rough handling of seedlings is prohibited, including throwing, rolling, bursting boxes, or abusing individual seedlings.
3.13 Contractor shall not root prune, top prune, or cull seedlings. If Contractor believes that any of those treatments are necessary, it must report that information to Agency. If Agency, at its discretion, agrees that such work is necessary, Agency will arrange to have such work completed.
3.14 During the planting process, planters shall remove one seedling at a time from the planting bag or other container to prevent drying of roots.
3.15 Contractor shall dip all bare root seedlings in water immediately before planting to ensure root moisture.
3.16 WEATHER RESTRICTION. Contractor shall not plant seedlings in one inch or more of snow or in soil frozen to a depth of more than one-half inch. In general, seedlings will not be planted during periods of east winds, when temperature is greater than 55 degrees, or relative humidity is less than 40 percent. Agency reserves the right to make the final decision as to what constitutes unsatisfactory weather conditions.
3.17 SEEDLING SPACING. Where Agency determines it is either necessary because of non-plantable spots, or desirable to take advantage of superior microsites, seedlings may be planted closer together or further apart than indicated by the target spacing specified in Table 1. Seedlings may also be spaced, as indicated below, from existing acceptable seedlings.
Target Seedlings/Acre
Spacing Between Seedlings
Target Maximum Minimum
250 13 feet 16 feet 10 feet
3.18 These allowable variations in spacing do not alter the Acceptable Range of seedlings Per Acre in Table 1, which remains the basis for payment.
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3.19 RANDOM PLANTING. Agency will not accept random planting (i.e., planting without a defined pattern or set order or direction). Where necessary, the last person in the planting line will flag their row of seedlings at intervals that will insure correct seedling spacing in the return row.
4. PLOTS – PLANTING. Inspection plot size will vary by the specified spacing for the planting unit. Plot records will include: (1) the total number of seedlings planted, (2) the number of seedlings which meet contract specifications, exclusive of root placement, and (3) an estimate of the non-plantable area on the plot. A subsample of the seedlings which meet above-ground specifications will be checked for root placement and a percent acceptable will be calculated. This percentage will be applied to the average number of seedlings per acre which meet all other Contract specifications to determine the number of acceptable seedlings per acre planted by Contractor.
4.1 NON-PLANTABLE AREA ADJUSTMENT. In Planting project units, prior to evaluating Contractor compliance with the acceptable range of seedlings per acre, the number of acceptable seedlings and the total number of planted seedlings on the inspection plots will be adjusted to account for the non-plantable areas. These adjusted figures will be compared to the acceptable range of seedlings per acre to determine compliance with Contract specifications.
4.2 REPLANTING. Agency will require planting of any plantable area skipped or missed by Contractor in the Planting project units. Visual reconnaissance by Agency will be considered adequate documentation of non-planted areas. In addition, Agency will require replanting of any area 1/2 acre or larger which falls below the lower limit of the acceptable range of seedlings per acre. Inspection records will be considered adequate documentation of under-stocking. Contractor shall complete replanting without cost to Agency. Agency reserves the right to require replanting of an area before moving to a new project area.
TABLE 1 PLANTING SPECIFICATIONS
Unit #
Unit Name
Acres to
Plant
Species
Target Spacing
Acceptable Range Seedlings per Acre
Min. Target Max.
1 Wenaha 90 Western Larch and Ponderosa Pine
13’x13’ 125 250 300
Total Acres 90
Part IV: COMPENSATION
1 PLANTING PROJECT AREAS. Agency will make full payment for planting units which meet the acceptable range of seedlings per acre stated in Table 1 of Exhibit A, and which meet all other requirements for certification. Payment will be according to the trees planted shown in Table 1. Bidder should adjust the bid rate for any apparent difference in acreage stated.
1.1 BID PRICE. Agency shall pay Contractor for services performed, certified and properly invoiced at the rates and prices set forth as follows:
Bid Item #
Description Amount Unit Unit Bid Price Item Total
1 Hand Spray Chemical Site
Prep. 22,500 Trees $ $
2 Seedling Planting @ 250
Trees on 90 acres 22,500 Trees $ $
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2. ADJUSTED PAYMENT. Agency may, at its discretion, offer partial payment for certain work not done according to specifications if the Agency determines that the work was done diligently and that any defects in performance were not caused deliberately or maliciously.
2.1 PLANTING PARTIAL PAYMENT. Agency may make partial payment for planting units which fall 6 percent to 15 percent below the target number of acceptable seedlings per acre shown on Exhibit A, Table 1. The bid rate may be reduced by 2 percent for each 1 percent below 95 percent of the target number of acceptable seedlings per acre. For example, if the final inspection indicates 94 percent acceptable seedlings per acre, then Contractor’s bid price will be reduced by 2 percent. An inspection rate of 93 percent would reduce the bid price by 4 percent and so on.
2.1.1 Agency will not make any payment for planting units which fall 16 percent or more below the target number of acceptable seedlings per acre specified in Exhibit A, Table 1.
2.1.2 Agency may reduce payment for planting units in which the Contractor plants more seedlings than the maximum acceptable seedlings per acre shown in Table 1 of Exhibit A. Agency will reduce payment at the rate of 40 cents per seedling, multiplied by the number of excess seedlings, and multiplied by the number of acres in the planting unit. This reduction will apply regardless of the outcome of acceptable seedlings per acre.
2.1.3 Contractor will be charged at the rates listed in Section 2.1.2 for undamaged and unplanted seedlings found in the planting units.
3. INVOICING. Contractor may invoice Agency monthly for work completed during that month, or may wait until all contract work is completed and bill Agency for the entire amount of services performed in accordance with contract specifications and certified by Agency.
Contractor’s Invoices shall include the following information:
a. Contractor’s Business Name;
b. Contractor’s Business Address/Payment Address;
c. The Service Performed (i.e. “Invoice for Seedling Planting Services”);
d. Dates the Service was performed (i.e. “April 1, 2018–May 1, 2018”);
e. The Contract Number;
f. The Unit Number, Unit Name, certified quantity of service provided (i.e. “acres completed”) and the price per unit of service;
g. The total amount due. Contractor shall send all invoices to:
Oregon Department of Forestry Attn: Sarah Andersen 802 W. Hwy 82 Wallowa, Oregon 97885
ESTIMATES NOT BINDING: Any estimate or other information provided by Agency respecting the physical characteristics of the land, condition, or density of the area or areas to be treated under this contract is for information only and shall not be relied upon by any bidder. By submitting its bid, Contractor assumes all risk of personally investigating the site and the conditions relating to the performance of the contract. Agency neither represents nor warrants the accuracy of any estimate or information, and bidders agree to bear exclusive responsibility for, and to accept all risks associated with, their estimates of the reasonable costs of the performance of this contract.
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SAMPLE CONTRACT EXHIBIT B
Contractor - Insurance During the term of this Contract Contractor shall maintain in force at its own expense, each insurance noted below:
INSURANCE REQUIREMENTS: Contractor shall obtain at Contractor’s expense the insurance specified in this section 4 prior to performing under this Contract and shall maintain it in full force and at its own expense throughout the duration of this Contract, as required by any extended reporting period or tail coverage requirements, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in State and that are acceptable to Agency. Coverage shall be primary and non-contributory with any other insurance and self-insurance, with the exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.
WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY
All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $500,000 each accident. If contractor is an employer subject to any other state’s workers’ compensation law, Contactor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $500,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.
COMMERCIAL GENERAL LIABILITY: Required Not required
Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that are satisfactory to the State. This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this contract, and have no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000.00 per occurrence. Annual aggregate limit shall not be less than $2,000,000.00.
AUTOMOBILE LIABILITY INSURANCE: Required Not required
Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000.00 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes a business use endorsement is provided.
EXCESS/UMBRELLA INSURANCE: A combination of primary and excess/umbrella insurance may be used to meet the required limits of insurance.
ADDITIONAL INSURED: The Commercial General Liability insurance and Automobile liability insurance required under this Contract must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds, including additional insured status with respect to liability arising out of
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ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 04 13 or equivalent. TAIL COVERAGE: If any of the required insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, Contractor shall maintain either tail coverage or continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of this Contract, for a minimum of 24 months following the later of (i) Contractor’s completion and Agency’s acceptance of all Services required under this Contract, or, (ii) Agency or Contractor termination of contract, or, iii) The expiration of all warranty periods provided under this Contract. CERTIFICATE(S) AND PROOF OF INSURANCE: Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services required under this Contract. The Certificate(s) shall list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this Contract. NOTICE OF CHANGE OR CANCELLATION: The contractor or its insurer must provide at least 30 days’ written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s). INSURANCE REQUIREMENT REVIEW: Contractor agrees to periodic review of insurance requirements by Agency under this agreement and to provide updated requirements as mutually agreed upon by Contractor and Agency. STATE ACCEPTANCE: All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Section 4.
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Exhibit C Special Terms and Conditions
CONTRACTOR'S LICENSE. Contractor is required to have and must maintain throughout the duration of the Contract a valid Oregon Farm/Forest Labor Contractor License with the forest category endorsement.
PESTICIDE LICENSES: Bidders shall supply their valid Commercial Operator License Number in the space provided on the Proposal Sheet of the Invitation to Bid. Bidders must have a valid license prior to contract award. CONTRACTOR must maintain a valid license throughout the duration of the contract.
In addition, the crew leader shall have a valid Commercial Applicator License with the forest category endorsement. All other employees handling the chemical mixtures shall have, as a minimum, a valid Commercial Trainee License. Bidders shall supply employee name and license number for all valid Commercial Applicator Licenses and Commercial Trainee Licenses on the Invitation to Bid - Continuation Sheet. Bidders must have all current, valid licenses prior to contract award. All licenses must be maintained throughout the duration of the contract.
As of January 1, 2002, CONTRACTOR must report their use of pesticides to the Oregon Department of Agriculture per OAR 603-057-0405 through OAR 603-057-0425.
For information on licensing, recertification, and reporting pesticide use, contact:
Department of Agriculture Pesticides Division 635 Capitol Street NE Salem, OR 97301-2532 Phone: (503) 986-4635
Contractor's Commercial Operator License No.:
Employee Name: Commercial Applicator
License No. Commercial Trainee
License No. Exp, Date
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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I certify that the employees, as listed above, possess a valid license of the type stated above. Signature: Title: Company Name: Date: SUPERVISORS. Experienced, qualified supervisors of Contractor are essential to satisfactory performance of the work. Agency may consider lack of competent and capable supervision as grounds to terminate this Contract. An experienced, qualified supervisor should have approximately two years of experience doing the type of work requested in this Contract and one year experience supervising crews doing forestry type work. Agency reserves the right to determine supervisory competence. Supervisors must be able to communicate fluently in English and in any language that crewmembers use to communicate.
PERSONNEL. Contractor shall provide personnel to work under this Contract who are properly trained, licensed, and qualified for work of this type and shall have the minimum ability and experience required for this work. The Agency reserves the right to refuse to accept Services from any personnel deemed by the Agency to be unqualified, disorderly, or otherwise unable to perform assigned work. The Contractor shall provide evidence of qualifications for any personnel performing work under this Contract upon request by the Agency.
CONTRACTOR REPRESENTATIVE. CONTRACTOR shall designate in writing a representative who is authorized to represent and act on behalf of CONTRACTOR in all matters pertaining to this contract. The representative shall be present on the project at all times.
CONTACT PERSONS. Contractor shall designate one or more person(s) responsible for Contractor's work under this Contract. Contractor shall provide to Agency the names, addresses, and telephone numbers of such person(s), and shall keep this information current at all times. Should contact with such person(s) require long distance calls, the Agency reserves the right to call collect.
PERFORMANCE STANDARDS AND PROVISIONS. Contractor shall perform all Services required by this Contract within the time specified. All Services shall be performed in the most highly professional manner, and in accordance with the utmost industry standards. Unless the means or methods of performing a task are specified elsewhere in this Contract, Contractor shall employ methods that are generally accepted and used by the industry. Failure to meet the performance requirements of this Contract shall constitute breach of Contract.
INSPECTION. STATE will inspect work periodically to check compliance with specifications. Visual observation done by the STATE representative will determine the acceptability of the work done. The STATE representative will give direction to CONTRACTOR regarding any necessary adjustments in application to insure desired results.
CONTRACTOR will be responsible to record weather information at the beginning and at the end of each day, or when weather patterns change. CONTRACTOR will also record the following information on a daily basis:
1. The brand of product name of the pesticide and the products EPA registration number. 2. The total amount of the product used. 3. The size of the treated area. 4. The location of the application. 5. The month, day, and year of the application 6. The certified applicator’s name and certification number.
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Upon request from the STATE, CONTRACTOR shall provide copies of the above information.
CONTRACTOR will be required, without cost to STATE, to re-treat areas that are not treated according to specifications. Unless waived by STATE, all unsatisfactory work must be completed before further work can be performed. Unsatisfactory work will be determined by visual reconnaissance. Certification of acceptable work will be on the basis of an acceptably completed unit.
SEASONAL RESTRICTIONS. No Hand Spray Chemical Site Preparation shall be administered over tree seedlings unless tree seedlings are dormant. No seedlings will be planted where 2” or more of snow is present.
CHANGE IN SPECIFICATIONS. Contractor shall notify the Agency at any time that justified changes or modifications in the performance specifications would result in improved Services.
CLEAN-UP/CONDITION OF SITE. The Contractor shall clean up all work site debris after providing Services, remove from the premises all salvaged material or scraps at the close of each day. Failure to do so allows the Agency to perform necessary clean-up actions and bill the Contractor for direct costs, plus $100.00, to be deducted from final payment.
SALVAGE. The Contractor will not salvage any removed materials without consent of the Agency in writing.
ROAD ACCESS AND MAINTENANCE. When Contractor is required to use State forest roads for access to and within work areas, Contractor shall take measures to prevent damage to the road and shall perform any minor maintenance to protect the road from surface drainage. However, Agency will accept responsibility for any general maintenance where tractor work or machine grading is required. In case of damage by others, which impairs or prevents access by Contractor, Agency will do any of the following: (1) arrange for repair work if feasible, (2) arrange with Contractor for alternate work at the same pay rate, or (3) cancel that portion of the work affected by lack of access.
FIRE RESPONSIBILITY. If a fire occurs on a work area while the operation is in progress, Contractor shall immediately make every possible effort to control and extinguish the fire and continue this effort until the fire is extinguished. Contractor also is responsible for all firefighting costs incurred by Contractor and Agency or Association for fires resulting from Contractor's operations, or willful, malicious or negligent acts of the Contractor. Further, Contractor shall save harmless Agency or Association from any and all costs, damage and loss which Agency or Association may incur from such fires.
Open fires are not allowed at any time without permission from Agency. Agency also has the authority to suspend any or all work due to fire hazard.
WRITTEN PLAN. STATE has prepared the required Forest Practices Act (FPA) "Written Plans" for operations within 100 feet of a Type D or Type F stream. These Plans will be reviewed with CONTRACTOR prior to start of operations. Any changes to the Plan must be approved by the STATE. CONTRACTOR shall comply with all provisions of the written plan in accordance with the FPA.
CREWS, MATERIALS AND EQUIPMENT. WORK CREWS. Workers shall be organized into one crew of not less than 4 persons, with an experienced supervisor in charge of each crew. CONTRACTOR shall not change the number or size of crews, unless approved by STATE. Foreman shall be designated by CONTRACTOR and shall work as foreman for the duration of the contract, unless otherwise approved by STATE. MATERIALS AND SERVICES FURNISHED BY STATE.
i. Designated representative to acquaint CONTRACTOR with areas and access roads and to represent STATE in administration of the contract.
ii. Regular inspection of work for compliance and certification of CONTRACTOR's work. iii. Maps and/or aerial photos of the work area.
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iv. Provide updated Oregon Forest Practices Act for water protection guidelines when withdrawing or mixing chemicals.
v. All chemicals and dye and seedlings necessary to complete the work specified in the contract.
MATERIALS AND SERVICES FURNISHED BY CONTRACTOR.
i. All labor, equipment, and carriers, except as provided by STATE, necessary to complete the work specified in the contract.
ii. All costs of chemical storage, decontamination treatment, and transportation of empty chemical containers to an authorized disposal site.
iii. All required safety equipment and training. iv. Designated representative to supervise contract operations and represent CONTRACTOR. v. CONTRACTOR shall have at least one Licensed Commercial Applicator (forest category endorsement
required) on site when applying herbicide. All other employees applying herbicide shall be, at a minimum, a Licensed Commercial Trainee
SPRAY EQUIPMENT. CONTRACTOR will equip each designated crewmember with a backpack type sprayer (SOLO or equivalent) in leak-proof condition and capable of maintaining an internal positive pressure. The delivery system will consist of a wand designed to direct spray nozzle capable of an even distribution of spray mixture. Nozzles and delivery system shall be approved by STATE. MAINTENANCE. Ground equipment shall be maintained to operate efficiently and to prevent leakage of chemicals, carriers, or spray mixture.
PROTECTION MEASURES WEATHER CONDITIONS. Spray material will be applied under weather conditions which will protect non-target forest resources and comply with the product label requirements and the Forest Practice Act. Permission to commence or suspend operations with respect to this item will rest with STATE representative and that decision will be final. STREAM PROTECTION.
a. Herbicide application shall be in compliance with the Oregon Forest Practice Rule and the herbicide label requirements.
b. No area within a Riparian Management Area (RMA) shall receive herbicide treatment. An RMA can be identified on the ground as standing residual trees and shrubs, directly adjacent to the stream area. STATE may choose to increase the RMA buffer width, which may be identified with pink flagging. CONTRACTOR shall not spray within the area(s) identified with pink flagging.
c. In addition to the RMA buffer, a “no spray” buffer shall be applied to the upper end of all RMA’s. The buffer will include 10 feet (slope distance) on either side of the draw centerline and 50 feet in the length up the reach of the draw.
d. In all cases, herbicides shall be applied in a manner that leaves an unsprayed area no less than 100 feet (slope distance) on either side of any Type F or Type D stream, and no less than 10 feet (slope distance) of any open water of any size.
e. Spray equipment shall not be washed, nor wash water discharged, where any waterway will be contaminated.
LABEL REQUIREMENTS. Contractor shall follow all of the requirements of the prescribed chemical label during herbicide application.
CHEMICALS AND SPRAY MIXTURES
CHEMICALS. STATE will furnish all herbicides and other chemicals to be included in the spray mix. All chemicals will be registered and labeled for forestry use. Chemical rates per acre, as specified by STATE.
STATE will furnish colored dye to be added to the spray mix. CONTRACTOR will include the dye at the rates specified by STATE.
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PENALTIES FOR NON-COMPLIANCE WITH CONTRACT SPECIFICATIONS OR UNSATISFACTORY PERFORMANCE
i. SUSPENSION OR PENALTY. Should CONTRACTOR fail to make reasonable effort to comply with the terms and conditions of this contract, STATE shall deliver written notice to CONTRACTOR's representative to correct the deficiencies within 48 hours of the time notice is delivered. If CONTRACTOR fails to correct the deficiencies within 48 hours, STATE may, with written notice, suspend operations.
ii. MECHANICAL BREAKDOWN. Should any essential facilitating equipment breakdown for any reason and cause stoppage or delay of the operation, that equipment shall be repaired or replaced in order to proceed with the contract at the beginning of the working day following the breakdown. Failure to do so may result in the penalty.
iii. TERMINATION OF OPERATIONS. If, within 48 hours after delivery of the written notice, the deficiencies have not been corrected, STATE reserves the right to obtain personnel, equipment, material, and supplies from other sources, and to hold CONTRACTOR responsible for costs occasioned thereby in completing the contract.
iv. LOSS OF CHEMICALS. In the event of loss of chemicals or mixtures from leakage, spills, or dumps, CONTRACTOR shall carry out procedures to contain and neutralize such losses and shall immediately notify STATE of any such incident. CONTRACTOR shall be responsible for all costs of containment, neutralization, and other measures as may be required
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EXHIBIT D
Daily Chemical Application Record Form
ODF
ODA
USDA
This form outlines daily pesticide application information an applicator must record to meet requirements of the Oregon Departments of Forestry (ODF) 1 and Agriculture (ODA), 2 and the U.S. Department of Agriculture (USDA) 3. An applicator may use a different form if the required information is included. The applicator must retain the ODA and ODF-required records for 3 years, and the USDA-required records for 2 years.
Landowner and Location
Name, address, and telephone of person or business who owns or controls the property:
Legal Description of Application Area:
Applicator
Applicator (Name of Person Applying Chemical):
Applicator Certification Number:
Applicator Contractor:
Application Information
Supplier of Chemical Product:
EPA Registration Number or Product Brand Name:
Number of Acres Treated:
Per Acre Application Rate:
Total Amount of Pesticide Product Applied:
Carrier Used, including Rate/Acre:
Application Equipment Used (Aerial, Backpack, Etc.): If Aerial F.A.A. Aircraft Number:
Crop (enter “forest” for forestry applications):
Date of Application: Beginning Time: Ending Time:
ODF Only: Weather Information (For Aerial Applications Measure and Record Information Hourly; For Ground-Based Pressurized Broadcast Application Measure and Record Information at the Beginning and End of Each Day’s Application): Time:
Air Temperature
Relative Humidity
Wind Speed
Direction wind coming from (e.g., N or NNW)
Applicator Signature:
1 Oregon Department of Forestry requirements for all pesticide applicators 2 Oregon Department of Agriculture requirements for commercial and public applicators. Applicators must also report
to the Pesticide Use Reporting System at http://oregon.gov/ODA/PEST/purs_index.shtml. 3 U.S. Department of Agriculture requirements for private pesticide applicators using restricted use products.
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EXHIBIT E Planting Instructions
Steps is Tree Planting
PLUG SEEDLING PLANTING ERRORS
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EXHIBIT F Maps-Wenaha Reforestation
