2017 Invitation to Bid Oyster Sale from Long Island and Long Island Slough Oyster Reserves Clam Sale from Long Island Oyster Reserve All bids are subject to the attached bid and contract specifications. Submission of bids constitutes acceptance of the attached specifications for all bid and contract purposes. The attached bid and contract specifications are a part of any contract between the Department and the successful bidder (or bidders). Oyster Sale Pacific oysters on picking tracts S-2, S-5, L-1, L-2, L-3, L-4 and L-5 shall be sold to the highest bidder at a minimum acceptable bid of two dollars ($2.00) per bushel of oysters. A bushel of oysters and shell is calculated on the basis of 1.25 cubic feet per bushel of oysters and shell. There will be no shell allowance on picking tracts. Location of Oyster Sale Picking Tracts S-2 Tract S-2 is that area of the southeast part of the Long Island Slough which contains the small tide-exposed island directly east of tract S-1. It extends from the midpoint of the small channel west of the small island to the east bank of the main channel. S-5 Tract S-5 is that area in the northern portion of the Long Island Slough Oyster Reserve which contains the northern half of the large tide-exposed island located between LISOR monuments No. 107 and No. 104. Oysters are located at the extreme north end and along the south east bank of this parcel. L-1 Tract L-1 is that area of the Long Island Oyster Reserve located along the east side of the Naselle River channel and is the upstream tract. The tract will be marked with colored flags. L-2 Tract L-2 is that area of the Long Island Oyster Reserve located along the east side of the Naselle River and is adjacent to and downstream of tract L-1. The tract will be marked with colored flags. L-3 Tract L-3 is that area of the Long Island Oyster Reserve located along the east side of the Naselle River and is adjacent to and downstream of tract L-2. The tract will be marked with colored flags. L-4 Tract L-4 is that area of the Long Island Oyster Reserve located along the east side of the Naselle River and is adjacent to and downstream of tract L-3. The tract will be marked with colored flags. L-5 Tract L-5 is that area of the Long Island Oyster Reserve located along the west side of the Naselle River between LISOR monuments 34 and 36. The tract will be marked with colored flags. Clam Sale Manila clams on clam tracts M-2, I-Southwest, I-Southeast and I-North shall be sold to the highest bidder at a minimum acceptable bid of sixty cents ($0.60) per pound of clams. A pound of clams and shell is calculated on the basis of gross weight as it leaves the beach. There will be no water loss allowance. Location of Clam Sale Tracts M-2 Tract M-2 is that area of the Long Island Oyster Reserve south of Tract M-1 consisting of the area surrounding the hummocks between LIOR monument numbers 18 and 19. The tract will be marked by colored flags. I-Southwest Tract I-Southwest located in the SW corner of the Long Island Oyster Reserve is known as Ivan’s Island. Tract I-Southwest contains the area south and west of the posts marked with colored flagging to the Bear River channel. I-Southeast Tract I-Southeast located in the SW corner of the Long Island Oyster Reserve is known as Ivan’s Island. Tract I-Southeast contains the area north and east of the posts marked with colored flagging to the slough. I-North I-North located in the SW corner of the Long Island Oyster Reserve is known as Ivan’s Island. Tract I-North contains the hummocks located north and east of tract I-Southwest and I-Southeast along the northern portion of the island. Detailed maps of each oyster and clam tract will be available for inspection at the Willapa Bay Field Station at Nahcotta, prior to sale. Submitting and Opening of Bids Bids should be sent to the Willapa Bay Field Station, PO Box 190, Ocean Park, Washington 98640. Bids must be received by 2:00 PM (Pacific Daylight Time), May 16, 2017 to be considered. Bids shall be opened at 2:00 PM (Pacific Daylight Time), May 17, 2017 at the Willapa Bay Field Station at Nahcotta, Washington. The oysters and clams on each tract will be sold by a sealed bid to the highest eligible bidder, and the tracts awarded in the order L-2, L-3, L-4, L-1, S-2, S-5, L-5, I-Southeast, I-Southwest, M-2 and I-North. For a bid to be valid, it must meet all of the following requirements: 1. Bid must be received by the time and date indicated in the Invitation to Bid; 2. A separate sealed bid shall be submitted for each tract being bid. Tract designation and company name must be indicated on the outside of the envelope; 3. Each organization, company, individual, or group which normally operates as one concern must have a representative present at bid opening; 4. All bids must be properly signed by an authorized representative of the bidder; unsigned bids will be rejected upon opening; 5. Multiple bids submitted for one tract from any organization, company, individual, or group which normally operates as one concern will be considered invalid; 6. Bid must be on a per bushel basis for oysters, and on a per pound basis for clams; 7. Bid may be withdrawn up to the time of actual tract awarding; 8. A successful bidder who is awarded two (2) oyster picking tracts shall be ineligible for additional oyster picking tracts unless no other bids are awarded for any remaining picking tract. A successful bid for the dredge tracts will not affect bidding eligibility for the oyster picking tracts. A successful bidder who is awarded one (1) oyster dredge tract shall be ineligible for additional dredge tracts unless no other bids are awarded for any remaining dredge tract. If at the conclusion of the bid opening, there are tracts left unsold, those tracts may be sold via open bid starting at the established minimum tract price. Only those bidders who have previously submitted valid bids for the current sale may participate in the open bidding process. 9. Any ties will be resolved by a coin toss; 10. A bid is considered valid only if a performance guarantee, made out to the Washington Department of Fish and Wildlife, in the form of a cash bond, certified check, or Irrevocable Letter of Credit in the amount of ten thousand dollars ($10,000), to guarantee performance and payment, is submitted immediately upon awarding of a sale tract; 11. The Irrevocable Letter of Credit shall appear on the official stationery of the bank issuing the letter, and be signed (including printed name and title) by both a bank official and the successful bidder. Both signatures to be notarized; 12. Only one performance guarantee is required for each organization, company, individual or group bidding, even if awarded multiple tracts; 13. Failure to submit the performance guarantee at the time of bid opening, will result in a void bid; 14. The performance guarantee of each successful bidder shall be retained by the Department until the sale, including return of shell, is completed; 15. The Director of Fish and Wildlife reserves the right to reject any and all bids or applications for bids for any reason whatsoever. The Director of Fish and Wildlife may refuse to allocate or assign oyster and clam tracts for harvesting to any organization, company, or grower that has violated or failed to comply with any or all of the terms and conditions of previous sales. Bid and Contract Specifications 1. The purchaser awarded a contract for an oyster or clam tract agrees to pay the unit price bid for all oysters or clams removed from the tract. The purchaser awarded a contract shall make every reasonable effort to ensure that the maximum practical harvest of oysters or clams has occurred and that oysters or clams are not left on the tract if harvestable. 2. All oyster picking and clam harvest tracts shall be open for harvest during daylight hours only. Oyster picking and clam harvesting shall be allowed on Saturdays and Sundays during this sale, but shall not be allowed on the following legal state holidays: Memorial Day and Independence Day. 3. The state makes no guarantee, warranty, or representation, expressed or implied, of merchantability or fitness of the offered shellfish for any purpose. All warranties of any kind are hereby disclaimed. 4. Successful purchasers of oyster or clam harvest tracts shall have the right to remove oysters or clams from sale tracts on the reserves under the conditions specified until August 31, 2011, provided, however, that at such date the Department Biologist-in-Charge may at his/her discretion, reopen all or part of the tracts until a further closure. 5. Successful oyster or clam purchasers shall, in advance of any removal of oysters or clams from the Reserves, obtain from the Department of Fish and Wildlife a valid Oyster Reserve License, fee $130.00, as required by R.C.W. 77.65.260. 6. Successful oyster purchasers shall, in advance of any removal of oysters going directly to market sales from the Reserves, obtain harvest site certification from the Washinon Department of Health as required by WAC 246-282-012. 7. Successful oyster purchasers shall, in advance of any removal of transplant oysters from the Reserves, submit or update their Washington Department of Health Aquaculture Transplant Plan of Operations & Harvest Site Application. 8. Successful clam purchasers shall, in advance of any removal of clams from the Reserves, obtain harvest site certification from the Washington Department of Health, as required by WAC 246-282-012. Clams may only be harvested with legal non-mechanical harvest gear as defined in WAC 220-340-100. All clams greater than one inch (1”) in width are considered to be commercially harvestable. 9. Oyster and/or clam purchasers awarded more than one tract may begin on any tract of their choosing, but must complete harvesting on that tract as approved by the Biologist-in-Charge or the Reserve Manager before beginning on the next tract. Biologist-in-Charge is Zachary Forster, Oyster Reserve Manager is Travis Haring. For information contact the Willapa Bay Field Station, PO Box 190, Ocean Park, WA 98640. Telephone (360) 665-4166. 10. The Director of Fish and Wildlife reserves the right to limit the number of bushels of oysters or pounds of clams that are sold to any one purchaser, notwithstanding any of the other provisions herein set forth. 11. The Director of Fish and Wildlife further reserves the right to declare the sale of oysters or clams from any tract void and the performance guarantee forfeit if: a. In the sole discretion of the Department, it determines that the oysters or clams are being improperly harvested (i.e., dredging oysters on a picking tract, using a mechanical harvester on a clam tract, or harvesting non-marketable, undersize (less than one inch in width) clams. b. In the sole discretion of the Department and after the expiration of a reasonable time, but not less than twenty (20) calendar days from the date of purchase, inadequate or no harvesting of the oysters or clams has taken place. 12. All purchasers of oysters or clams from any of the State Oyster Reserves shall make remittance for purchases by bank draft or check payable to the Treasurer of the State of Washington. The Department shall bill the purchaser each week for oysters or clams harvested since the last invoice. The purchaser shall render payment to the authorized agent of the Director to be received by Friday of each week for invoices of the previous week. Any forward balance or untimely payment by the successful bidder (or bidders) will incur interest at the annual rate of twelve percent (12%) from the required date or breach. 13. The amount of oysters harvested from picking tracts shall be determined as follows: Loads shall be called on the beds by gross cubic bushel measurement, whereby, 1.25 cubic feet of oysters and shell equals one bushel. There is no shell allowance for picking tracts. All harvesting of oysters from Reserve picking tracts shall be by picking tubs or scows. The amount of oysters harvested from dredge tracts shall be determined as follows: Loads shall be called on the dredge by gross cubic bushel measurement, whereby, 1.25 cubic feet of oysters and shell equals one bushel. Shell allowance for dredge tracts is permitted at the discretion of the Oyster Reserve Manager. The Department Biologist-in-Charge must be notified twenty-four (24) hours in advance of the removal of any oysters from the Reserve during the sale. 14. The amount of clams harvested shall be determined as follows: Loads shall be called on the beds by gross weight measurement in pounds. A pound of clams and shell is calculated on the basis of gross weight as it leaves the beach. There will be no water loss allowance. The Department Biologist-in-Charge must be notified twenty-four (24) hours in advance of the removal of any clams from the Reserve during the sale. 15. Purchaser shall return to the state forty percent (40%) of the gross amount of shell from oyster purchases from this sale. If purchaser is unable to return shell from oysters purchased during this sale, purchaser may supply the required amount of shell from other sources. Purchasers shall be required to return shell to the State Reserves, without exception, at the direction of the Department Biologist-in-Charge and at a mutually agreed-upon time. Thirty (30) calendar days from ending date of sale will be allowed for complete delivery of shell. Failure to comply will eliminate purchasers from participation in future sales. 16. Boundary lines: the sale tracts will be marked by stakes, flags, and/or other suitable boundary markers. Although tracts designated are well within the boundaries of the Reserve, the lines of privately owned grounds and Reserve boundaries are often coincidental lines. Respect of these boundaries is important. It is expressly understood that the State of Washington does not specifically guarantee these boundaries and lines. Therefore, it is the responsibility of each crew foreman to make certain that all harvesting is done within these accepted boundaries. 17. In the event of any dispute, the judgment of the Department Biologist-in-Charge shall prevail. No alteration, modification of any of the terms, conditions, price, quality, quantities, or specifications of this contract will be effective if not in writing and signed by the Director of the Department of Fish and Wildlife or his designee. 18. Time is of the essence of this contract. Purchaser shall make all reasonable efforts to harvest oysters or clams from the tract such that the tract will be completely harvested by the end of this contract term. If the successful bidder (or bidders) fails to perform any of the requirements of this contract at the time fixed for the performance thereof, the Department may, at its election, terminate the contract by notice to purchaser. Purchaser will be responsible to pay for all harvested oysters or clams up to the date Purchaser received a notice of termination. 19. This contract shall be governed by the laws of the State of Washington. 20. Any and all suits for any and every breach of this contract shall be instituted and maintained in the Superior Court in the County of Thurston, State of Washington. The successful bidder (or bidders) hereby consents to the jurisdiction of said court and the exclusive venue of that court. 21. In any action brought by the Department concerning this contract, the rights and remedies of the Department may be enforced selectively or concurrently, and the adoption of one or more rights or remedies shall not operate to prevent the Department from exercising any other or further remedy given to the Department under this contract. 22. No waiver of any breach of this contract shall be held to be a waiver by the Department of any other or subsequent breach by the successful bidder (or bidders). 23. In the event the purchaser breaches any of the provisions of this contract, the Department of Fish and Wildlife reserves the right to cancel and terminate this contract upon written notice. In case of breach or default of this contract by the successful bidder (or bidders), the Department may dispose of oysters or clams by resale. The successful bidder (or bidders) must reimburse the Department for any and all labor, costs, expenses, damages, attorney's fees, and twelve percent (12%) annual interest that the Department incurs directly or indirectly in the disposition of such oysters, shell or clams. 24. It is hereby agreed by the parties that there will be no assignment or transfer of this contract without the written and signed consent of the Director of Fish and Wildlife or his designee and said consent may be withheld for any reason whatsoever. 25. The successful bidder (or bidders) covenants and agrees that in the event suit is instituted by the Department of Fish and Wildlife for any default on the part of the bidder (or bidders), and the bidder (or bidders) is adjudged by a court of competent jurisdiction to be in default, he shall pay the Department of Fish and Wildlife in connection therewith and reasonable attorney's fees in addition to any damages. 26. The successful bidder (or bidders) shall protect, indemnify, and save the Department of Fish and Wildlife harmless from and against any damage, cost or liability for any injuries to persons or property arising from acts or omissions of the bidder, his employees, agents or subcontractors, howsoever caused. 27. The successful bidder must secure, maintain and show proof of Commercial General Liability insurance covering claims for bodily injury, personal injury, or property damage arising out of the successful bidder's operations. Successful bidder shall furnish evidence of insurance in the form a Certificate of Insurance within five (5) working days of being awarded a bid. Insurance must include liability coverage with limits not less than: Each Occurrence $1,000,000, with General Aggregate Limit $2,000,000. This policy shall name the State of Washington, Department of Fish and Wildlife as an additional insured and shall expressly provide that all proceeds shall be paid jointly to the State and bidder. Policy shall also provide that insurance may not be canceled or non-renewed with respect to State except upon forty-five (45) days prior written notice from the insurance company to State. 28. If the Purchaser fails or refuses to comply with any applicable nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled, or terminated in whole or in part, and the Purchaser may be declared ineligible for further contracts with the Department. The Department shall, however, give the Purchaser a reasonable time in which to cure such noncompliance. 29. This instrument contains the entire contract between the parties and no statement, promises, or inducements made by the Department, or its agents, that is not contained in the written contract shall be valid or binding. This contract may not be enlarged, modified, or altered except in writing and when signed by the Director of the Department of Fish and Wildlife or his designee. The State may also require, in the case of a corporation bidder, that the contract may be signed by two officers of the corporation in their individual capacity prior to the contract becoming effective. 30. The parties declare that the successful bidder, and any agents and employees of the successful bidder, in the performance of this contract, are acting as independent contractors and not in any manner as officers or employees of the Department of Fish and Wildlife or the State of Washington. 31. If Purchaser believes that the Department is not complying with any provision of this contract, Purchaser shall give written notice to the Department describing the alleged noncompliance and shall allow the Department at least 15 calendar days to cure. Such notice and opportunity to cure is a condition precedent to declaring a breach. If the Department breaches this contract in any way, Purchaser's exclusive remedy shall be to rescind this contract and recover payments made for oysters or clams not harvested. In no case shall the Department be liable for any incidental or consequential damages. Published May 10, 2017 Legal No. 151-17

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