Lower Deschutes Aerial Herbicide Application

Lower Deschutes Aerial Herbicide Application Helicopter Aerial Herbicide Application WASCO COUNTY SOIL AND WATER CONSERVATION DISTRICT REQUEST FOR PROPOSALS “Lower Deschutes Herbicide Application” HE LICOPTER SERVICES FOR AERIAL APPLICATION OF HERBICIDES, EASTERN WASCO COUNTY ON THE BREAKS OF THE DESCHUTES RIVER, OREGON Solicitation # S-R33119-00011007 DATE OF ISSUE: 07/16/2024 CLOSING DATE, TIME: 08/01/2024, 1:00 PM updated 7/30/24, perforamnce bond and professional liabilty insurance requirements removed 2325 River Road, Suite 3, The Dalles, OR 97058 Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 i Contents Solicitation # S-R33119-00011007 ............................................................................................................ 1 Project Overview ........................................................................................................................................... 1 Proposer Qualifications ................................................................................................................................. 2 Proposal Requirements ................................................................................................................................. 2 Proposal Contents ..................................................................................................................................... 2 General Information / Instructions to Proposers ..................................................................................... 3 Project Description........................................................................................................................................ 5 Special Considerations .............................................................................................................................. 5 Anticipated Project Timeline......................................................................................................................... 5 Pre-proposal Meeting ........................................................................................................................... 6 Selection Process .......................................................................................................................................... 6 1. Evaluation Criteria ............................................................................................................................. 6 2. Scoring and Ranking .......................................................................................................................... 6 3. Notice of Intent to Award ................................................................................................................. 6 4. Negotiation ....................................................................................................................................... 6 5. Reservation of Rights ........................................................................................................................ 6 Attachment A. Sample Contract Form .......................................................................................................... 7 EXHIBIT A: SCOPE OF WORK ................................................................................................................... 11 EXHIBIT B: INSURANCE PROVISIONS ....................................................................................................... 14 EXHIBIT C: CRITICAL DATE SCHEDULE ..................................................................................................... 15 EXHIBIT D: OPERATOR COMPENSATION SCHEDULE ............................................................................... 16 Attachment B. Proposal Form ..................................................................................................................... 17 Attachment C. Lower Deschutes Herbicide Application – 2024 ................................................................. 20 Project Background and Purpose ............................................................................................................ 20 Project Description: ................................................................................................................................ 20 Location Information .............................................................................................................................. 20 Attachment E. PERFORMANCE BOND......................................................................................................... 24 Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 1 Wasco County Soil and Water Conservation District REQUEST FOR PROPOSALS “Lower Deschutes Herbicide Application” HELICOPTER SERVICES FOR AERIAL APPLICATION OF HERBICIDES, EASTERN WASCO COUNTY ON THE BREAKS OF THE DESCHUTES RIVER, OREGON Contact: Josh Thompson , Assistant District Manager, (541) 296 -6178 x116 Project Overview Wasco County Soil and Water Conservation District (DISTRICT) seeks proposals from qualified helicopter contractors to aerially apply herbicides on 4,000 acres at a 5-gallon rate. The DISTRICT requests proposals through the formal process described herein and intends to award a contract pursuant to ORS 279B.060, Competitive Sealed Proposals. The purpose of this project is to aerially apply herbicides on 4,000 acres in the Lower Deschutes Wildlife Area. The target areas are mapped and attached in Attachment C. The product will be purchased and delivered to project area by Oregon Department of Fish and Wildlife (ODFW) and or DISTRICT The herbicide mix will be applied at minimum 5 gallon per acre mix, and consist of the Following:

• Rejuva, 7oz per acre.
• Panoramic 2SL, 5 oz per acre.
• Efficax (adjuvant), 8 oz per acre.

Product will be provided in manufacturer’s sealed containers. Mixing and loading of the product will be the responsibility of the contractor. ODFW will provide two 1,600 gallon water trailers to the support truck locations. ODFW and or DISTRICT personnel will provide refilling and transportation of these trailer as needed throughout the project duration. Proposer will provide helicopter fitted for aerial spraying, and a project team and necessary pilot(s) / support crew. Project team must coordinate with SWCD throughout the operation to schedule logistics as needed. SWCD will assist contractor in coordinating access, staging and logistics. ODFW and the SWCD staff will be on site as needed to assist in project implementation and keeping the public out of the project reach. The project will not require any road closures as the helicopter will not be flying over any public roads during applications. Public access to the site is limited to foot traffic from the Deschutes River only and is not anticipated. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 2 Application Timing Unless otherwise approved by DISTRICT, aerial application under this contract will take place in September 2024. Contractor is required to adhere to all applicable specification outlined in product data sheets for the given mix, as well as state and federal regulations pertaining to this operation. Proposer Qualifications The operator contracted for this project must have experience implementing aerial herbicide application. Proposer must articulate the ability to operate in topography ranging from 1,000 feet to 3,000 feet in elevation. Proposal Requirements All proposals must be received at 2325 River Road, Suite 3, The Dalles, OR prior to the stated closing time. Proposals received after this time will not be considered. One hard copy of the proposal plus one electronic copy on flash drive should be submitted in an envelope or package that shall be sealed and clearly marked with to: Wasco County SWCD, “Request for Proposals # S-R33119-00011007,” date and time of closing, and the Proposer’s name and address. Proposals sent by mail should be forwarded by certified mail, return receipt requested. The body of the proposal, excluding any appendices, should not exceed ten pages. Resumes of key members of the proposed project team may be included in an appendix, not to exceed five pages. The Proposal Form (Attachment B) must be included as an appendix but will not be counted against any page limits. Proposal Contents The body of the proposal should address the following elements: Qualifications and Experience: The DISTRICT’s contracting policies specify that the following information will be used to assess the Proposer’s qualifications: o Describe your firm’s recent experience in completing projects of similar nature and size. Each project description should include:  Client name and contact information,  Description of the project and the product delivered,  A comparison of the original project budget versus the actual cost of the project. o Provide names, phone numbers, and addresses for five (5) former clients. o List work performed for any state or local government agency in the past three (3) years. o Provide evidence that the Proposer holds appropriate certification or license to perform the proposed service in the State of Oregon (Pesticide Applicator’s License, Pilot’s License number, for example). Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 3 Local Knowledge: Describe the Proposer’s experience and familiarity with the aerial herbicide application in rangeland with diverse topography similar to the Lower Deschutes. Project Team: Describe your proposed project team, including each member’s proposed role and relevant experience. Include work to be performed by subcontractors, if any, including firm name, contact person and qualifications. Project team should include a minimum of pilot(s) and support crew. Approach: Describe how you propose to complete the tasks outlined in the preliminary Scope of Work. Provide a timeline for each task. Rate Schedule and Fee Proposal: Provide the Proposer’s rate schedule and proposed fees for each project task. General Information / Instructions to Proposers Proposers responding to this RFP do so solely at their expense, and the DISTRICT is not responsible for any Proposer expenses associated with the RFP. Certification of Alteration or Erasure A proposal may be rejected if it contains any material alteration or erasures unless, before the proposal is submitted, each such alteration and erasure is initialed by the person signing the proposal. Nothing in this paragraph shall be construed as allowing the proposer to alter or otherwise change the form of the proposal, the conditions of the proposal and/or the solicitation documents. Addenda to Request for Proposals Any addenda to this Request for Proposals shall be issued by the DISTRICT. All addenda issued shall be made an integral part of the Request for Proposals and shall be made part of the contract agreement. Written addenda, issued by the DISTRICT prior to the closing of this Request for Proposals, are the only recognized means of changing the Request for Proposal. Addenda will not be mailed, but will be posted to the Oregon Buys system at S-R33119-00011007. Proposers should frequently check the website until closing, i.e. at least weekly until the week of closing and daily during the final week. Modification of Proposals Once submitted, proposals may be modified in writing. Modifications must be received prior to the closing date and time set for the Request for Proposals. Modifications shall be prepared on the Proposer’s letterhead, signed by an authorized representative of the Proposer, state that the new document supersedes or modifies the prior proposal and be submitted in a sealed envelope appropriately marked identifying the Request for Proposals number and closing date and time. Telephone, telegraphic, email, and facsimile modifications are not acceptable. The modification shall be made a permanent part of the public proposal file. Withdrawal of Proposals A proposal may be withdrawn prior to the closing date and time for the Request for Proposals. Proposals may be withdrawn in writing, on the Proposer’s letterhead, signed by an authorized representative of the Proposer. The written proposal withdrawal shall be made a permanent part of the public proposal file. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 4 Proposals Are Offers The proposal is the Proposer’s offer to enter into a contract which, if the proposal is accepted for award, binds the Proposer to a contract and the terms and conditions contained in the Request for Proposals. A Proposer shall not make the proposal contingent upon the DISTRICT’s acceptance of specifications or contract terms that conflict with or are in addition to those advertised in the Request for Proposals (except as noted in Time for Proposal Acceptance below). Time for Proposal Acceptance A Proposer may submit a proposal conditioning the time for proposal acceptance contained in the Request for Proposals. The DISTRICT reserves the right to consider a proposal response containing a condition that limits the DISTRICT’S time for proposal acceptance. The DISTRICT may, solely at its option, accept a shorter time for proposal acceptance, even though the Request for Proposals may state a longer period. The DISTRICT reserves the right to either accept or reject the proposal response containing the time condition if the proposal response is otherwise the preferred proposer. Protest of RFP A Proposer may submit a written protest of anything contained in this RFP and may request change to any provision, specification or contract term contained in this RFP, no later than seven (7) calendar days prior to the date Proposals are due. Each protest and request for change must include the reasons for the protest or request, and any proposed changes to the RFP provisions, specifications or contract terms. The DISTRICT will not consider any protest or request for change that is submitted after the submission deadline. If the protest results in a change to the RFP, the DISTRICT shall issue an addendum following the procedure described under “Addenda to Request for Proposals.” Protest of Award The DISTRICT will issue a written Notice of Intent (NOI) to Award to all Proposers at least seven (7) days before the award of a contract. A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the DISTRICT no later than seven (7) calendar days after the date of the selection notice. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the services described in the RFP. The DISTRICT will not consider any protest that is submitted after the submission deadline. If the DISTRICT upholds the protest, the DISTRICT may in its sole discretion either award the contract to the successful protestor or cancel the solicitation. Resident Proposer Proposer shall indicate on the proposal form whether it is a resident proposer. "Resident proposer” is one who has paid both income and unemployment taxes in Oregon for the twelve (12) months preceding the proposal submittal and has a business address in Oregon. Non-resident proposers are subject to the same percentage preference when they bid in Oregon as an "Oregon proposer" would be subject to if it competed for a contract in that proposer’s home state. The DISTRICT will rely on the list maintained by Oregon Department of Administrative Services to determine whether the non-resident proposer’s state gives a preference and the amount of the preference. Tax Compliance Certification Pursuant to ORS 305.385 (6), successful Proposer shall certify that it is in compliance with Oregon's tax laws. A certification form will be provided to the successful Proposer by the DISTRICT. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 5 Performance Bond The successful Offeror shall be required to furnish a Performance Bond in the total amount (100%) of the awarded Contract, executed in favor of the Wasco County Soil and Water Conservation District, to ensure faithful performance of the Contract and payment for services and goods. NOTE: WASCO COUNTY SOIL AND WATER CONSERVATION DISTRICT HAS PROVIDED A PERFORMANCE BOND FORM APPROVED AND REQUIRED TO BE USED FOR THIS RFP. The Wasco County Soil and Water Conservation District Performance Bond form is ATTACHMENT E. The apparent successful Offeror shall provide all required bonding to Wasco County Soil and Water Conservation District within seven (7) calendar days of notification of award. Failure to present the required documents within seven (7) calendar days may be grounds for award disqualification. Project Description Please refer to Attachment C. Lower Deschutes Herbicide Application Specifications – 2024 for project description & design summary, location information, project implementation details, monitoring, project site information, and objectives. Special Considerations Site Safety- The contractor is responsible for their employees’ and subcontractors’ safety, as well as compliance with federal, state, and local safety laws. The contractor shall develop their own site safety plan and use daily meetings to help implement their site safety plan. ODFW and SWCD staff will be on site as needed to assist in project implementation and keeping the public out of the project area. The project will not require any road closures as the helicopter will not be flying over any open roads. Acceptance of Work- Acceptance of project work shall be performed by ODFW and Wasco County SWCD. Wasco County SWCD will notify the contractor verbally or in writing if deficiencies are found along with corrective actions required in order to accept the work. Anticipated Project Timeline Timeline (preliminary) RFP Issued 7/16/2024 Optional site show / non-mandatory pre-bid meeting 7/29/2024, 11:00 AM RFP Closes/Proposals Due 8/1/2024, 1:00 PM Notification of intent to award 8/8/2024 Deadline to protest intent to award 8/15/2024 Contract Negotiations 8/19/2024 – 8/23/2024 Contract Signing / Notice to Proceed 8/29/2024 Mobilization, site preparation* 9/1/2024 Project Completion* 10/30/2024 Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 6 Pre-proposal Meeting A non-mandatory pre-bid meeting will be conducted on July 29th 2024 at 11:00 am. The meeting will take place at the Wasco SWCD, 2325 River Rd., The Dalles, OR 97058. A call in option will be available. Please contact josh.thompson@wascoswcd.org if you plan to attend or call into the meeting. The meeting will provide an opportunity for contractors to ask any questions they may have about the site or design. The operator must approve the log staging area and the pre-bid meeting is an ideal time to discuss logistics. Selection Process 1. Evaluation Criteria Proposals that are determined to meet the minimum proposal requirements will be scored and ranked based on the following criteria:

• Qualifications and Experience (0 – 30 points)
• Knowledge of spraying operations in rangeland with topography: (0 – 50 points)
• Project Team: (0 – 30 points)
• Approach: (0 – 20 points)
• Costs including Rate Schedule and Fee Proposal: (0 – 10 points)

2. Scoring and Ranking Proposals will be scored and ranked based on the criteria outlined above by a Proposal Evaluation Committee consisting of DISTRICT personnel and technical advisors, who may include representatives of natural resource agencies. 3. Notice of Intent to Award The DISTRICT will issue a Notice of Intent (NOI) to Award to the highest ranked Proposer (copy of NOI provided to all Proposers). 4. Negotiation The DISTRICT will initiate contract negotiations with the highest ranked Proposer pursuant to ORS 279A.065. The DISTRICT shall terminate negotiations with the highest ranked Proposer if the DISTRICT and Proposer are unable for any reason to reach agreement on a Contract within 14 days. The DISTRICT may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer. If negotiations with any of the top three Proposers do not result in a Contract within 30 days from initiation of negotiations, the DISTRICT may cancel this solicitation (RFP) and thereafter may proceed with a new solicitation. 5. Reservation of Rights The DISTRICT reserves the right to accept or reject any or all proposals in whole or in part, to waive irregularities not affecting substantial rights, and to postpone the award of the work as necessary for a period of time not to extend beyond 45 days from the closing date for this Request for Proposals. Prices quoted in proposals shall remain firm for a period of 45 days from the closing date for this Request for Proposals. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 7 Attachment A. Sample Contract Form Sample Contract WASCO COUNTY SOIL AND WATER CONSERVATION DISTRICT PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is between Wasco County Soil and Water Conservation District, hereinafter called District, and: __________________________________________________________________________, hereinafter called Operator. This contract is for the Lower Deschutes Herbicide Application. This contract shall become effective concurrent with the date of the last signature. This is known as the contract execution date. No services shall be performed prior to the contract execution date. The contract shall expire, unless otherwise terminated or extended, on October 31, 2024. Generally, the work consists of herbicide application via helicopter on the breaks of the Deschutes near Dufur, Oregon. The work is specifically defined in EXHIBIT A, Scope of Work. District agrees to pay Operator for accomplishment of the work, a sum not to exceed $____________, which shall include all allowable expenses. Operator progress payments shall be made according to the schedule identified in EXHIBIT D, Operator Compensation. The following exhibits are made part of this Contract by reference and/or attachment. EXHIBIT A: Scope of Work EXHIBIT B: Insurance EXHIBIT C: Critical Date Schedule EXHIBIT D: Operator Compensation THIS CONTRACT, which includes attached paragraphs 1-12 and all attached Exhibits and the District’s solicitation, constitutes the entire agreement between the parties. The terms of this contract shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument. Such waiver, alteration, modification, supplementation, or amendment, if made, shall be effective only in the specific instance and for the specific purpose given, and shall be valid and binding only if it is signed by all parties to this contract. There are no understandings, agreements, or representations, oral or written, regarding this contract except as specified or referenced herein. Operator, by the signature below of its authorized representative, hereby acknowledges that it has read this contract, understands it, and agrees to be bound by its terms and conditions. Approved by Operator _____________________________________________ Name/Title Date Approved by District ______________________________________________ Name/Title Date Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 8 Sample Contract WASCO COUNTY SOIL AND WATER CONSERVATION DISTRICT PROFESSIONAL SERVICES CONTRACT 1. Effective Date and Duration The Operator shall at all times carry on the work diligently, without delay and punctually fulfill all requirements herein. The Operator and the District shall mutually agree upon a schedule for the performance of the Operator's services, allowing time for the District's review and approval of submissions. The passage of the Contract expiration date shall not extinguish, prejudice, or limit either party's right to enforce this Contract with respect to any default or defect in performance that has not been cured. All work shall be completed and deliverables provided not later than October 31, 2024. 2. Access to Records For not less than three (3) years after contract expiration, the District, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of the Operator which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcripts. If for any reason, any part of this contract is involved in litigation, Operator shall retain all pertinent records for not less than three (3) years or until all litigation is resolved, whichever is longer. Full access will be provided to the District in preparation for and during litigation. 3. Funds Available and Authorized District reasonably believes at the time of entering into this contract sufficient funds are available and authorized for expenditure to finance costs of this contract within the District's current appropriation or expenditure limitation. 4. Indemnity and Insurance a. Indemnity - Claims for Other than Professional Liability Operator shall defend, save, and hold harmless the District, their officers, agents, and employees, from all claims, suits, or actions of whatsoever nature, including intentional acts, resulting from or arising out of the activities of Operator or its sub-Operators, agents, or employees under this contract. b. Indemnity - Claims for Professional Liability Operator shall defend, save, and hold harmless the District, their officers, agents, and employees, from all claims, suits, or actions arising out of the professional negligent acts, errors, or omissions of Operator or its sub-Operators, agents or employees in performance of professional services under this Contract. c. Operator shall provide certificates of insurance as required in EXHIBIT B. 5. Employment Status a. Operator is not an officer, employee, or agent of the State or District as those terms are used in ORS 30.265. b. Operator is not a contributing member of the Public Employees Retirement System and will be responsible for any federal or state taxes applicable to any compensation or payments paid to Operator under this contract. Operator will not be eligible for any benefits from these contract payments of federal Social Security, unemployment insurance, or Workers’ Compensation, except as a self-employed individual. If this payment is to be charged against federal funds, the Operator certifies that it is not currently employed by the federal government. 6. Successors & Assignments Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 9 a. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. b. After the original contract is executed, the Operator shall not enter into any new sub-Operator agreements for any of the work scheduled under this contract or assign or transfer any of its interest in this contract, without the prior written consent of the District. 7. Compliance with Applicable Law a. Operator agrees to comply with all federal, state, and local laws, ordinances, and regulations applicable to this contract. This contract shall be governed by and construed in accordance with the laws of the State of Oregon. Any litigation between the District and the Operator arising out of or related to this contract shall be brought and maintained solely and exclusively in the Circuit Court of Wasco County in The Dalles, Oregon. Provided, if any litigation arising under this contract must be brought in a federal forum, it shall be brought and maintained solely and exclusively in the United States District Court for the District of Oregon. Operator hereby consents to the personal jurisdiction of all courts within the State of Oregon. b. Operator shall comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. 8. Tax Compliance By signature on this contract, Operator hereby certifies that it is not, to the best of its knowledge, in violation of any Oregon law. For the purpose of this certification, "Oregon Tax Laws" are ORS chapter 118, 119, 314, 316, 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 Home Owners and Renters Property Tax Relief Program under ORS 310.630 to 310,690; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620. 9. 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 in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. 10. Force Majeure Neither party shall be held responsible for delay or default caused by fire, riot, acts of God, and war which is beyond such party's reasonable control. Each party 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 the contract. 11. Waiver The failure of the District to enforce any provision of this contract shall not constitute a waiver by the District of that or any other provision. 12. Termination a. This contract may be terminated by written, mutual consent of the parties. In addition, this contract may be terminated by the District by written notice to the Operator specifying the termination date of the contract. This right to terminate shall be exercised in good faith, for any reasonable cause, including but not limited to: insufficient District funding; new or modified federal or state laws, regulations, or guidelines; denial, revocation, or other loss or invalidation of any license or certificate required to be Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 10 held by Operator; Operator's death or other inability to perform or complete the scope of work set forth in EXHIBIT A. b. Operator's timely and accurate performance is of the essence of this contract. District, by delivering written notice of default, may immediately terminate this contract, in whole or in part, if the Operator: (1) fails to provide the services called for in EXHIBIT A within the times specified or allowed under this contract; or (2) fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from District, does not correct such failures within seven (7) calendar days, or such other period as District may authorize. c. Upon receiving a notice of termination, and except as otherwise directed in writing by the District, Operator shall immediately cease all activities related to the Work. d. As directed by the District, Operator shall upon termination, deliver to the District all project documents, information, and other property that, if the contract had been completed, would be required to be furnished to the District. By Operator's signature on this contract, Operator allows District to use said documents for their intended use, without restriction. e. The rights and remedies of the District provided in the above clause related to defaults by the Operator shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 11 Sample Contract WASCO COUNTY SOIL AND WATER CONSERVATION DISTRICT PROFESSIONAL SERVICES CONTRACT Note: The following Exhibits are provided as samples of our standards and are for your reference only. Actual Exhibit content and wording will reflect the requirements of the project as it is ultimately defined. EXHIBIT A: SCOPE OF WORK This project entails aerially application of herbicides on 4,000 acres at a 5-gallon rate. The purpose of this project is to aerially apply herbicides on 4,000 acres in the Lower Deschutes Wildlife Area. The target areas are mapped and attached in Attachment C. The product will be purchased and delivered to project area by Oregon Department of Fish and Wildlife (ODFW) and or DISTRICT The herbicide mix will be applied at minimum 5 gallon per acre mix, and consist of the Following:

• Rejuva, 7oz per acre.
• Panoramic 2SL, 5 oz per acre.
• Efficax (adjuvant), 8 oz per acre.

Product will be provided in manufacturer’s sealed containers. Mixing and loading of the product will be the responsibility of the contractor. ODFW will provide two 1,600 gallon water trailers to the support truck locations. ODFW and or DISTRICT personnel will provide refilling and transportation of these trailer as needed throughout the project duration. Proposer will provide helicopter fitted for aerial spraying, and a project team and necessary pilot(s) / support crew. Project team must coordinate with SWCD throughout the operation to schedule logistics as needed. SWCD will assist contractor in coordinating access, staging and logistics. ODFW and the SWCD staff will be on site as needed to assist in project implementation and keeping the public out of the project reach. The project will not require any road closures as the helicopter will not be flying over any public roads during applications. Public access to the site is limited to foot traffic from the Deschutes River only and is not anticipated. Application Timing Unless otherwise approved by DISTRICT, aerial application under this contract will take place in September 2024. Contractor is required to adhere to all applicable specification outlined in product data sheets for the given mix, as well as state and federal regulations pertaining to this operation. Emergency medical services are available in the City of the Dalles which is located about 45 minutes from the project area. The Contractor shall develop a plan of operation to accomplish the project and to adhere to the specifications described in Attachment C, and shall organize and direct all the equipment and personnel Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 12 needed to fully accomplish the work. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required. SWCD and ODFW employees will assist in ground support activities as needed, primarily consisting of shuttling water and access logistics. The Contractor will abide by all local laws and regulations, including Federal Aviation Regulations (FARs). Complete project details are outlined in Attachment C. Bid Items 1.1 Aerial herbicide application, 4,000 acres, 5 gallon rate Work Schedule All work will be performed between the issuance of the notice to proceed anticipated September 1st and end by September 30th, unless otherwise approved by SWCD. Specifications Item 1. The Contractor shall aerially apply the specified herbicide mix on the delineated 4,000 acres following manufacturer’s specifications as well as all state and federal regulations. General Specifications Contractor Obligations The Contractor shall provide all services, equipment, materials, and personnel unless noted otherwise. The Contractor is responsible to ensure equipment is calibrated properly. The ground supervisor shall be trained to take proper action in an emergency or incident. The Contractor is responsible for equipment move-in, move-out, and movement of ground equipment and ferry flights as well as transportation for all Contractor-furnished materials between the refueling area. SWCD and ODFW will assist in shuttling water trailers and chemicals as needed The Contractor shall submit to the Contracting Officer an accidental spill response plan and a project safety and incident response plan, including search and rescue plans. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 13 TECHNICAL SPECIFICATIONS Equipment Contractor aircraft shall be fully operational and capable of applying herbicide at 1000-3000 feet pressure altitude at temperature ranges between 55-80 degrees Fahrenheit. Aerial Application Operations For aerial application use a minimum spray volume of 5 gallons per acre. Higher water volume rates may be required to achieve an acceptable level of weed control. To avoid off-target drift movement from aerial applications to agricultural field crops the distance of the outer most nozzles on the boom must not exceed 3/4 the length of the wingspan or rotor Contractor is responsible for proper sparyer calibration. There are no anticipated special flight routes. Refueling / refilling areas will be selected by the Contractor. Some know access point are listed in the attached maps. The Contractor shall be responsible for safety precautions, and fuel hazardous waste spill response. QUALITY ASSURANCE SURVEILLANCE PLAN The SWCD and ODFW onsite staff will conduct inspections to determine work quality. Initial inspections will consist of visual inspection. Contractor shall provide SWCD an application report via shapefile, paper map, or pdf map with acreage reports. The contractor will upon completion, return all unused product to SWCD. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 14 E XHIBIT B: INSURANCE PROVISIONS D uring the term of this contract, Operator shall maintain in force at its own expense, each insurance noted below: 1. Required of Operators with one or more workers, as defined by ORS 656.027. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 2. Professional Liability insurance is not required on this contract ***UPDATED 7/30/24*** 3. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract, and shall provide that the State of Oregon, the District, and their divisions, officers, and employees are Additional Insureds but only with respect to the Operator's services to be provided under this contract; 4. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 each occurrence for Bodily Injury and Property Damage, including coverage for owned, hired, or non-owned vehicles, as applicable; 5. There shall be no cancellation, material change, reduction or limits, or intent not to renew the insurance coverage(s) without 30 days written notice from the Operator's insurer(s) to the District; 6. As evidence of the insurance coverage required by this Contract, the Operator shall furnish acceptable insurance certificates to the District prior to its issuance of a Notice to Proceed. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to State acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the District. The Operator shall be financially responsible for all pertinent deductibles, self-insurance retention, and/or self-insurance. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 15 EXHIBIT C: CRITICAL DATE SCHEDULE A pplication of Herbicide shall take place in September of 2024 unless otherwise approved by SWCD. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 16 EXHIBIT D: OPERATOR COMPENSATION SCHEDULE Billin g Date Progress Billing Amount U pon completion 100% full award Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 17 Attachment B. Proposal Form C urrent date________________________ W asco County Soil and Water Conservation District 2325 River Road, Suite 3 The Dalles OR 97058 Attention: Josh Thompson, Assistant District Manager Th e undersigned Proposer declares that Proposer has carefully examined the solicitation document. The undersigned hereby proposes to furnish all labor and material and perform all work to complete the project in strict accordance with the Solicitation Documents, Conditions of the Contract and any Supplemental General Conditions.

• B

idder MUST provide pricing for ALL items listed below.

• The estimated quantities listed below are not a guarantee of purchase but will be used to

evaluate Bids and determine award. If Contract is awarded, Agency may request more, or fewer q uantities of the items described below. The unit pricing will apply to any resulting purchase.

• 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.

• Agency reserves the right to award all or none of the Bid items, whichever is in the best interest

of the District. Project Item Unit Estimated Quantity Unit Cost Total Cost Mobilization & Demobilization Lump Sum 1 Aerial Application per acre Acre Rate 4000 Grand Total: D ISTRICT'S RIGHT RESERVED T o reject any or all proposals, to waive informalities, and to accept only such proposals as may appear to be in DISTRICT'S own best interests. T he undersigned also agrees that OPERATOR will commence work as soon as possible and will have an agreed upon schedule within ten (10) days after the "Notice to Proceed" is received. The OPERATOR will have the project complete on or before: September 30, 2024. I t is understood that time is of the essence in the execution of this contract. In order to assure the success of this project, the completion date designated herein may be a prime consideration in the award of the contract. DISTRICT desires to have the project completed no later than October 31, 2024. CO NDITIONS Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 18 T he undersigned Proposer understands that determination of the successful Proposer and award of the contract is subject to review and determination by counsel as to legal sufficiency of any submittal. D ISTRICT reserves the right to reject any and/or all proposals and to waive all informalities. Th e requirements of 40 U.S. Code § 3142 and ORS 279C.800 to 279C.870 with respect to prevailing wage rates are included as part of this Bid and the undersigned agrees to certify that Bidder and Bidder's subcontractors are in compliance with all of the provisions thereof on forms requested by DISTRICT. OP ERATOR shall provide Worker's Compensation coverage for employees. Evidence of such coverage shall be provided to DISTRICT. This evidence may be either in the form of the Notice of Compliance/Certificate, or by indicating the policy number and expiration date in the appropriate section of the Certificate of Insurance. The undersigned certifies compliance with Oregon State statutory requirements governing registration of corporation and/or assumed business name. T he Proposer states below whether Proposer is doing business as an individual, a co-partnership or as a corporation. If a co-partnership, all partners are named and the person signed on behalf of the co- partnership states proposer's position with the co-partnership. If a corporation, the bidder gives the state of incorporation, whether it is licensed to do business in the state of Oregon, and the position of the person signing on behalf of the corporation. The undersigned Proposer hereby represents that this proposal is made without connection with any person, film or corporation making a proposal on the same material, and is in all respects fair and without collusion or fraud. F IRM NAME:_______________________________________________________________________ AD DRESS:_________________________________________________________________________ S TATE IN WHICH INCORPORATED:______________________ L ICENSED TO DO BUSINESS IN OREGON (Yes) or ( No) F IRM IS CONSIDERED A RESIDENT BIDDER (Yes) or (No) B Y: ____________________________________________________________DATE:______________ (Signature) N AME/TITLE:____________________________________________________________________ (Please print or type) T ELEPHONE:__________________________ I have received addendum(s):_______________________________________________________ ………………………………………………………………………………………………………………………………………………………………… REQUIRED SIGNED STATEMENTS FROM PROPOSER: Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 19 1. Proposer is prepared to fully execute the work as stipulated in the solicitation documents. 2. Proposer has not and will not discriminate against a subcontractor in the awarding of a subcontract b ecause the subcontractor is a minority, women, or emerging small business enterprise certified under ORS 200.055. BY: ____________________________________________________________DATE:______________ (Signature) N AME/TITLE:____________________________________________________________________ (Please print or type) Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 20 Attachment C. Lower Deschutes Herbicide Application – 2024 Project Background and Purpose The Lower Deschutes Wildlife Area (LDWA) secured funding through the Oregon Natural Working Lands Fund with goals to promote carbon sequestration and climate resiliency on working lands. The funds allocated for LDWA will support herbicide treatments of invasive annual grasses, re- seeding with deep-rooting perennial grasses, and purchase/planting of native shrubs, forbs, and other grasses. The outcome is landscape scale habitat restoration that supports working rangelands and ODFW's natural wildlife area management while advancing the state's carbon sequestration goals. Efforts from the portion of the project associated with this contract will address the annual grasses across 4000 acres on the LDWA. Annual grasses throughout eastern Oregon are reducing ecological value, habitat quality, and wildlife forage availability. With these funds, the intent is to protect valuable habitat on the Lower Deschutes Wildlife Area through annual grass treatments so that native grasses and forbs can thrive without competition from annual invasive grasses. This will benefit numerous wildlife species, including big game species such as mule deer and elk. Project Description: WCSWCD will aerial treat annual grasses with herbicide on 4000 acres of the Lower Deschutes Wildlife Area (LDWA) within Wasco and/or Sherman Counties. Herbicide will be purchased by ODFW and will be provided to selected aerial application contractor. Location Information Below are two maps showing the location of the treatment area. S hapefiles and KML files of the Project areas can be downloaded from google drive at the following link. h ttps://drive.google.com/drive/folders/1VZGdTC78LlphmtYfEgzlCXd-1udR7Bpm?usp=sharing Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 21 Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 22 Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 23 Project Implementation Details The spray will conisist of the following mixture:

• Rejuva, 7oz per acre.
• Panoramic 2SL, 5 oz per acre.
• Efficax (adjuvant), 8 oz per acre.

P er the label on Rejuva, the application will use a minimum 5 gallon per acre rate. Monitoring SWCD and ODFW will monitor the project during and after project implementation. The contractor shall provide SWCD with application report including maps. Maps may be provided in digital format using ESRI shapefile or KML format. Wasco County Soil and Water Conservation District Solicitation # S-R33119-00011007 24 Attachment E. PERFORMANCE BOND The Performance Bond requirement has been waived for this project. *** Updated 7/30/24***