1-Forest­ Health Fuels RFP­ FINAL26.pdf

Park City Municipal Corporation (“PCMC” or “City”)

REQUEST FOR PROPOSALS (“RFP”) (NON-BID) FOR

Forest Health & Fuels Program Implementation

Respondents or their agents are instructed not to contact or seek references from City employees, agents or contractors of the City, selection committee members, the Mayor’s office or staff, and members of the City Council, or to attempt to externally manipulate or influence the procurement process in any way, other than through the instructions contained herein, from the date of release of this RFP to the date of execution of the agreement resulting from this solicitation. City, in its sole discretion, may disqualify a Respondent for violation of this provision.

REQUEST FOR PROPOSALS (NON-BID)

PCMC is inviting proposals from qualified persons or firms (“Respondent”) to provide Forest Health & Fuels Program Implementation.

PROPOSALS DUE: By 2:00 P.M. on Friday May 29, 2026.

Submit proposals electronically via Utah Public Procurement Place (“U3P”) or via email to joe.sipe@parkcity.gov. The proposals will be opened after the submission deadline.

RFP AVAILABLE: The RFP will be available on May 7, 2026, on the U3P website. Any modifications to the RFP or responses to questions submitted will be added as an addendum to the RFP posted on U3P Website. It is the responsibility of Respondents to regularly check for addenda.

QUESTIONS: All questions regarding this RFP must be submitted in writing to the U3P website by 2:00 p.m. MST on Thursday, May 21, 2026. Please do not submit the same question multiple times.

PRE-PROPOSAL MEETING: A pre-proposal meeting will be held at 2:00 p.m. MST on Wednesday, May 13, 2026, at Park City Miners Hospital, 1354 Park Avenue, Park City, UT 84060. Attendance is strongly encouraged for all Respondents. Requests for reasonable accommodation at the pre-proposal meeting shall be made no later than 48 hours in advance to the Project Contact below. Accommodation may include alternative formats, interpreters, and other auxiliary aids.

PROJECT LOCATION: Park City, Utah

PROJECT DESCRIPTION (brief): The objective of this project is to perform fuel reduction and forest health treatments around the Park City area. Treatment specifications vary depending on vegetation types and specific work area objectives. Fuel treatment and methods can include;

cut and pile, cut and chip, cut and haul, lop and scatter, mulching, pile burning, broadcast burning, and kiln burning. General work areas can be found in Exhibit A.

PROJECT DEADLINE (if applicable): December 31, 2027

OWNER: Park City Municipal Corporation P.O. Box 1480 Park City, UT 84060

CONTACT: Joe Sipe, Trails & Open Space Ranger joe.sipe@parkcity.gov

Proposals will remain valid for 90 days after submission. PCMC reserves the right to reject any or all proposals received for any reason. Furthermore, PCMC reserves the right to change dates or deadlines related to this RFP. PCMC also reserves the right to waive any informality or technicality in proposals received when in the best interest of PCMC.

I. Introduction.

PCMC is seeking qualified Respondents to implement strategic forest health and hazardous fuels reduction projects. Park City covers approximately 20.4 square miles characterized by a humid continental climate and diverse topography. PCMC manages over 6,000 acres of open space, with elevations ranging from 6,500 to 10,500 feet.

These lands encompass a variety of ecosystems including Conifer dominated, Aspen dominated, Hardwood Shrub, Sage / Grass, and mixed vegetation. Due to the proximity of municipal open space to private residential and recreational developments, proactive management is a critical priority for life, safety, asset protection and ecosystem resilience.

Past Planning Resources and Implemented Projects.

PCMC has undergone several planning efforts to further the community’s wildfire preparedness and help guide and prioritize these and future mitigation efforts.

• Draft – 2023 Community Wildfire Risk Assessment

• Adopted - 2022 Treasure Hill Open Space Forest Management Plan

• Treasure Hill Forest Health and Fuels Implementation 2022-2026

II. Scope of Project.

The primary objective of this project is the professional execution of hazardous fuel treatments across PCMC-owned property within the greater Park City area. Recognizing the ecological diversity of the region, treatment specifications will be tailored to the unique vegetation types and specific risk-reduction goals of each site.

Operations can utilize the following fuel reduction methods: cut and pile, cut and haul, cut and chip, lop and scatter, mulching, pile burning, broadcast burning, and kiln burning, as dictated by the terrain, access and desired goals set forth by PCMC.

Treatment areas can include work in technical or hard to access terrain as well as areas that require initial treatment or in need of retreatment. The selected Respondent will work in close coordination with the PCMC Project Manager, who will review, approve, and finalize all site-specific work plans prior to the commencement of any field operations.

The term of the project will be from award of contract by City Council until December 31, 2027. The contract may be extended for up to five periods of one year. The contract will be non-exclusive and other vendors may be used to perform portions of the work or similar work for PCMC.

https://engageparkcity.org/cwra https://www.parkcity.org/home/showpublisheddocument/72502/637958209334400000

a. General Treatment Area Maps:

General treatment and area maps can be found in Exhibit A.

b. General Treatment Types:

General treatment methods and types can be found in Exhibit B.

c. General Treatment Specifications by Vegetation Type:

General Treatment Specifications by Vegetation Type can be found in Exhibit C.

d. This RFP is not limited to the General Treatment Areas Maps, General Treatment Types, General Treatment Specifications by Vegetation Type or work plans defined in Exhibit A, B and C. The selected Respondent can be used for any PCMC Forest Health & Fuels Program project work over the course of the contract period.

Selected Respondent will work in close coordination with the PCMC Project Manager, who will review, approve, and finalize all site-specific work plans prior to implementation.

e. Refinements/changes to any treatment work plans by selected Respondents must be approved by the PCMC Project Manager.

f. Access to Work Areas:

Access points will be defined with selected Respondent in work plans for each treatment area.

g. Project Area Marking:

PCMC will assist the selected Respondent with project area marking by providing access to ArcGIS Field Maps of treatment areas.

h. Limited Operating Periods:

Manual and mechanical treatments do not start before August 1 of each year.

No work shall be performed between 10:00 pm and 7:00 am Monday – Saturday or before 9:00 am on Sunday (Park City Code § 6-3-8).

i. Environmental Considerations:

I. Project sites must be cleaned up, and all refuse removed by the selected

Respondent. The selected Respondent shall be responsible for disposal of materials in a manner consistent with State, Federal and local laws and for all expenses incurred with disposal.

II. Equipment and vehicles will not be operated or driven outside of the designated boundaries and designated areas except on existing roads for access.

III. Public or private access roads damaged by the selected Respondent shall be restored at the selected Respondent’s expense to the same condition they were in at the commencement of work.

j. Soil Disturbance:

Any areas where soil will be disturbed to get equipment into work areas must be approved prior to disturbance by the PCMC Project Manager.

k. Public Safety Planning and Outreach:

I. The selected Respondent will provide any additional work plan details and projected start dates to PCMC Project Manager to create a communication plan with adjacent property owners and stakeholders. PCMC will lead the outreach efforts.

II. The selected Respondent shall determine what actions should take place to ensure public safety, including trail closures, road closures, homeowner noticing, etc. Whenever safely possible, public access to areas should be maintained.

PCMC staff will work with selected Respondent to advertise scheduled closures, etc.

III. With information provided by the selected Respondent, public notices may be posted by PCMC staff at trailheads and portals into the work area prior to work beginning. The selected Respondent will be responsible for ensuring that proper signage is in place in the work areas and that the trails within the area are not accessed by the public when determined unsafe. Closure signage can be provided to the selected Respondent by PCMC.

l. Fire Prevention Stipulation:

The selected Respondent will notify the PCMC Project Manager of any fires and comply with all rules and regulations administered by the State of Utah or adjacent federal agency when applicable concerning the use, prevention, and suppression of fires on state, private and federal lands, including any restriction orders that may be in effect during the term of the Agreement. The selected Respondent will be held liable for the cost of suppression, stabilization and rehabilitation of fires or ignitions caused by operations. The selected Respondent will:

I. Operate all saws with an approved spark arrestor that is maintained and not modified on the project area.

II. Carry shovels and fire extinguishers that are rated at a minimum as 2A:10B: C-10 pound on all equipment, vehicles, and at fueling areas for saws.

III. Initiate fire suppression actions in the work area to prevent fire spread. If fire spreads beyond the capability of workers with the stipulated tools, all will cease fire suppression action.

IV. Notify the local authorities (911) and the Northern Utah Interagency Fire Center at 801-495-7600 immediately of the location and status of any fire.

V. Notify the PCMC Project Manager immediately of any incident.

VI. Shut down during red flag conditions.

VII. PCMC reserves the right to impose additional fire restrictions due to severity of conditions.

III. Contents of Proposal and Evaluation Criteria.

Proposals are limited to 10 pages not including linked documents. Proposals must include the following:

a. Statement of Qualifications: Include a brief Statement of Qualifications that provides a summary of Respondent's ability to successfully complete the scope of the project described in this RFP.

b. General Approach and Timing: Include details on how Respondent would ensure completion of the scope of work within the limited operating periods.

c. Operations: Describe Respondent’s approach to complete the scope of work for fuel treatments as described in the scope of project above. Include details on the following: treatment specification, equipment, personnel, and timing.

d. Certifications: Provide documentation for individuals employed by Respondent who are available to work on this project.

e. Past Performance: Respondent shall furnish a summary of experience on similar projects and be prepared to provide examples. Each summary shall include a brief project description and the name, address, and phone number of the project manager for the project.

f. Cost Proposal (to be submitted separately): Include a cost proposal for the following categories.

I. Site-specific estimates for Exhibit A including cut and chip, cut and haul, cut and pile, prescribed pile burning, bio-char kiln burning treatments.

i. Initial Treatment Rate: Cost per acre for areas currently classified as untreated/dense. This will be used to calculate Respondent cost.

ii. Retreatment Rate: Cost per acre for maintenance of areas treated within the last 5 years.

II. Standardized Unit Pricing:

i. Per acre rate: A blended average rate for general fuel reduction services.

ii. Per hour rate: A general crew rate for general fuel reduction services.

III. Respondent’s forestry, arbor, or equipment services hourly rate sheet.

g. ADDITIONAL MATERIAL NOT INCLUDED IN THE PAGE COUNT:

I. Requested Changes to Exhibit D - Professional Services Agreement.

i. Please state the requested changes (if any) to the City’s standard

Professional Services Agreement. Unless specifically stated in the proposal, interested applicants agree to the standard contract as to the form as part of the proposal.

II. Subcontracting:

i. If Respondent proposes to use a third party (subcontractor, subconsultant, etc.) for completing all or a portion of the scope of work requirements, state the name and identify the portion of the scope of work to be completed by a third party.

Proposals will be evaluated on the criteria listed below. Respondents may attach a cover page that will not count to the page count.

Evaluation Criteria:

a. Qualifications and Certifications – 40 Points

b. Operations and Approach – 30 Points

c. Past Performance – 15 Points

d. Cost – 15 Points

The selection committee will not know or have access to the cost of a proposal until after the committee submits its recommendation based on scores of all criteria other than cost. For this reason, Respondents MUST submit pricing and fee schedules in a separate submission.

The selection committee will consider all documents, the presentation/interview if applicable, the response to the RFP, information gained while evaluating responses, and any other relevant information to make its determination. The committee will select the Respondent that, in the committee's sole judgment, is best able to provide Forest Health and Fuel Implementation.

NOTE: Price may not be the sole deciding factor.

PCMC reserves the right to reject any and all proposals for any reason. Proposals lacking required information will not be considered. The award of a contract may be subject to approval by City Council.

IV. Government Records Access and Management Act.

PCMC will maintain a nonpublic process for the duration of this solicitation in accordance with Government Records Access and Management Act, Title 63G, Chapter 2 of the Utah Code (“GRAMA”). Pursuant to Utah Code § 63G-2-305(6), all records related to this RFP, including but not limited to proposals, evaluation, and selection procedures, and any records created during the evaluation and selection process will remain nonpublic records during the procurement process. After execution of a contract, all submittals will be treated as public records in accordance with the requirements of GRAMA unless otherwise claimed by the Respondent as exempt from disclosure pursuant to Utah Code § 63G-2-309, as amended. The burden of claiming an exemption shall rest solely with each Respondent. Respondent shall submit any materials for which Respondent claims an exemption from disclosure marked as “Confidential” and accompanied by a statement from Respondent supporting the exemption claim. PCMC shall make reasonable efforts to notify Respondent of any GRAMA requests for documents submitted under an exemption claim. Respondent waives any claims against PCMC related to disclosure of any materials pursuant to GRAMA. Please note the following:

a. Respondent must not stamp all materials confidential. Only those materials for which a claim of confidentiality can be made under GRAMA, such as trade secrets, pricing, non-public financial information, etc., should be stamped.

b. Respondent must submit a letter stating the reasons for the claim of confidentiality for every type of information that is stamped “Confidential.” Generally, GRAMA only protects against the disclosure of trade secrets or commercial information that could reasonably be expected to result in unfair competitive injury. Failure to timely submit a written basis for a claim of “Confidential” may result in a waiver of an exemption from disclosure under GRAMA.

c. For convenience, a Business Confidentiality Request Form (“BCR Form”) is attached to this RFP as Attachment 1. Respondent must submit a completed BCR Form at the time of submission of any proposal.

V. Ethics.

By submission of a proposal, Respondent represents and agrees to the following ethical standards:

REPRESENTATION REGARDING ETHICAL STANDARDS: Respondent represents that it has not: (1) provided an illegal gift or payoff to a city officer or employee or former city officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees of bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in Title 3, Chapter 3 of the Park City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a city officer or employee or former city officer or employee to breach any of the ethical standards set forth in Title 3, Chapter 1 of the Park City Code.

VI. Selection Process.

Proposals will be evaluated on the criteria listed in Section IV, Contents of Proposal and Evaluation Criteria, above.

The selection process will proceed on the following anticipated schedule:

RFP Advertised May 7, 2026

Deadline for RFP Questions By 2:00 pm on Thursday, May 21, RFP Deadline for Submittal By 2:00 pm on Friday, May 29, Selection Committee Review June 3, 2026

Proposed City Council Award of Contract July 9, 2026

a. A selection committee comprised of qualified persons, which may include City staff or representatives from other public and private stakeholders, will open, review and evaluate all proposals.

b. The selection committee may conduct interviews with the highest ranked Respondents. If applicable, interview requirements will be provided to those Respondents selected for further consideration.

c. Final selection of the top-ranked proposal and preparation of contract.

d. All contracts with an aggregate cost over the term that exceeds $100,000 require approval of the City Council.

e. Contract execution.

Following completion of the evaluation and establishment of the ranking, negotiations for contract purposes may be initiated with the top ranked Respondent. In the event that an agreement is not reached, PCMC may enter into negotiations with the next highest-ranked Respondent.

VII. PCMC Standard Agreement Required.

a. The successful Respondent will be required to enter into PCMC’s standard

Professional Services Agreement. A form of the standard agreement is attached to this RFP as Exhibit D and incorporated herein.

b. ANY REQUEST FOR CHANGES TO PCMC’S STANDARD AGREEMENT, INCLUDING ITS

INDEMNIFICATION OR INSURANCE PROVISIONS, MUST BE SUBMITTED NO LATER

THAN THE PROPOSAL/SUBMITTAL DEADLINE. ANY REQUESTED CHANGES MAY BE

APPROVED IN THE SOLE DISCRETION OF PCMC.

c. A Respondent must be authorized to do business in Utah at the time of contract execution. If Respondent’s address is within the Park City limits, a valid PCMC business license is required.

VIII. General Provisions.

a. No Representations or Warranty. It is the responsibility of each Respondent to carefully examine this RFP and evaluate all of the instructions, circumstances and conditions which may affect any proposal. Failure to examine and review the RFP and other relevant documents or information will not relieve Respondent from complying fully with the requirements of this RFP. Respondent’s use of the information contained in the RFP is at Respondent's own risk and no representation or warranty is made by PCMC regarding the materials in the RFP.

b. Cost of Developing Proposals. All costs related to the preparation of the proposals and any related activities are the sole responsibility of the Respondent. PCMC assumes no liability for any costs incurred by Respondents throughout the entire selection process.

c. Equal Opportunity. PCMC is committed to ensuring equitable and uniform treatment of all Respondents throughout the advertisement, review, and selection process.

The procedures established herein are designed to give all parties reasonable access to the same fundamental information.

d. Proposal Ownership. All proposals, including attachments, supplementary materials, addenda, etc., will be retained as property of PCMC and will not be returned to the Respondent.

e. Modification of RFP. PCMC reserves the right to cancel or modify the terms of this RFP and/or the project at any time and for any reason preceding the contract execution. PCMC will provide written notice to Respondents of any cancellation and/or modification.

f. Financial Responsibility. No proposal will be accepted from, or contract awarded to, any person, firm or corporation that is in arrears to PCMC, upon debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the PCMC, or that may be deemed irresponsible or unreliable by PCMC. Respondents may be required to submit satisfactory evidence demonstrating the necessary financial resources to perform and complete the work outlined in this RFP.

g. Local Businesses. PCMC's policy is to make reasonable attempts to promote local businesses by procuring goods and services from local vendors and service providers, in compliance with Federal, State, and local procurement laws.

IX. Exhibits and Attachments

Exhibit A: General Treatment Areas Maps Exhibit B: General Treatment Types Exhibit C: General Treatment Specifications by Vegetation Type Exhibit D: Professional Services Agreement Attachment 1: Business Confidentiality Request form

Exhibit A: General Treatment Area Maps Treatment Area Approx: 119 Acres (Thaynes Canyon) 43 Acres (Iron Mountain)

Exhibit B: General Treatment Types

Manual Treatments

Treatment

Type

Description Best Utilized Best Avoided Considerations

Lop and

Scatter

Material is cut, slashed, and left in place to decompose.

Overall fuel loading is not reduced in the short term, but they are rearranged.

In smaller or lightly distributed vegetation.

In larger fuels or heavily loaded areas.

In areas where immediate fuel reduction is desired.

Cut material can take years to decompose. The closer it remains to the ground the faster this process takes place. Target cut material to be slashed so it sits no more than 2-3 feet from the ground.

Cut and

Haul

Material is cut and hauled away from closest access points to be processed and disposed of off-site site.

In areas of easy access and smaller quantities of vegetation to be removed. In areas of limited options for on-site disposal.

In areas with limited access. In areas with high quantities of vegetation to be removed. In areas of significant distance to biomass processing facilities or landfills.

Dragging cut material by hand is an incredibly labor-intensive task. Without dedicated biomass processing facilities, green waste material is destined for landfills which can have detrimental effects.

Cut and

Chip

Material is cut and chipped to be hauled away or broadcast chipped on site, from roadsides with tow behind machines or over the landscape with tracked machines.

In roadside areas. In areas with gentle terrain making equipment access viable. In areas of relatively smaller fuels and lighter loading, making it viable to broadcast chips in a light layer.

In areas of large material and heavy fuel loading. In areas with steep or off camber terrain where equipment can’t operate.

When broadcast chipping, keep chips well spread and depth no more than 4 inches to decompose quicker and not suffocate soils, grass, and forbs. Rehabilitate any significant ground disturbance from equipment.

Cut and Pile Material is cut and formed into piles on site to burn later, typically in spring or fall. Piles are situated away from trees and in open breaks in the canopy to minimize heat impacts to trees.

Piles can be built by hand or machinery, typically hand piles are about 6’ x 6’ and machine-built piles are larger.

In areas of difficult access for equipment. In fuel types that benefit from fire in areas of heavy fuel loading to make the greatest impact with the least amount of effort.

In areas that may be sensitive to the smoke from future burning.

Project managers should pursue the viability of pile burning before committing to piling projects. For clean and efficient burning, proper pile construction techniques should be utilized.

This is a technical and regulated process and should be managed by professionals.

Mechanical Treatments

Treatment

Type

Description Best Utilized Best Avoided Considerations

Mulching Material is cut and ground by machinery, usually by an implement attached to tracked loaders or excavators.

In terrain that is viable with equipment. In areas of light to medium brush density and height.

Could be useful in some aspen stands depending on the level of disturbance desired.

In steep or rocky terrain. In areas of heavy fuel loading that would leave thick layers of biomass behind. In the height of fire danger as the metal cutting heads can easily start fires.

Wash machinery before and after work on the project site to reduce the spread of noxious weeds.

Monitor the finished product at the work site, biomass should be at ground level and mixed well with dirt for rapid decomposition.

Rehabilitate areas of disturbed soil with native seed.

Mowing Material is cut and ground by an implement pulled behind machinery.

In terrain that is viable with equipment. In grassy areas along roads or trails.

In steep or rocky terrain. In any fuels other than grass with occasional short brush. In the height of fire danger as the metal cutting heads can easily start fires.

Wash machinery before and after work on the project site to reduce the spread of noxious weeds.

Over-the-snow

Material is pulled or winched, dragged, and piled over the snow by snow-cats, resulting in little to no ground disturbance

In areas around resort ski runs, roads and trails. In the springtime after closures but while the snow coverage is good for machines to ride on and drag material.

When there is too much or too little amount of snow for efficient operations.

If timed right with site conditions, this method is very effective to minimize ground disturbance during equipment operations. Resort towns have the right equipment and a unique application for this.

Harvesting Material is felled and moved to access points by forestry equipment such as harvesters, skidders, and forwarders. In general logging equipment is not widely used in fuel reduction projects in this area.

In terrain that is operable and safe for equipment. When the objective is to remove the stems or whole trees. In some restoration work it could be useful to move large amounts of biomass off site or to central locations.

In project areas with no marketable timber resources or mills to take the material.

Wash machinery before and after work on the project site to reduce the spread of noxious weeds

Rehabilitate areas of disturbed soil with erosion control and native seed.

Prescribed Fire (controlled burning)

Treatment

Type

Description Best Utilized Best Avoided Considerations

Pile Burning Burning pre-built piles under conditions that limit the fire spread potential to just the piled fuels.

In areas of heavy fuel loading to reduce large amounts of biomass on site. In areas with limited or no access for equipment

In areas sensitive to the smoke from burning. In areas of relatively short burn windows or lack of qualified resources.

This is a technical and regulated process and should be managed by professionals.

Broadcast

Burning

Burning pre-identified and prepared areas under conditions where you can manage the fire behavior to meet objectives. This is often completed in smaller sections at a time and could be low or high intensity depending on objectives.

In aspen stands to reduce conifer and shrub encroachment. In conifer stands as a maintenance treatment. In areas that are well fragmented with roads, trails, or ski runs to burn small sections at a time.

In areas sensitive to the smoke from burning. In untreated areas that have heavy fuel loading and ladder fuels

This is a technical and regulated process and should be managed by professionals.

Kiln

Burning

Burning cut and staged material in specific areas utilizing metal kilns to produce biochar.

Biochar can be a valuable soil amendment for forest, agriculture lands, compost, or gardens.

In areas with good access for equipment and a flat open area for kiln burning. In areas with good biomass options that are an ideal size for kiln burning.

In areas where biochar is desired for uses.

In areas with no good site for biomass processing in kilns. In areas without a water source for quenching kilns.

In areas with no market or desire for biochar.

This is a technical and regulated process and should be managed by professionals.

This process moves slowly and requires a lot of equipment and planning, thus not typically used as an efficient method to process large amounts of biomass. This procedure must have a good water source close by for the kiln quenching process.

Exhibit C: General Treatment Specifications

Vegetation Type Treatment Specifications

Conifer • In all areas, remove down woody debris to minimize fuel loading:

o Remove 80% of downed wood material 3-10 inches diameter.

o Downed woody material >10 inches diameter will be left in place, bucked in lengths necessary to lay flat on the ground.

• Cut snags and other identified hazard trees within 1.5 times the snag/tree height targeting areas protecting infrastructure, trails, and roads.

o Hazard tree cleanup would follow specifications for downed woody debris.

o Retain 1 to 2 snags >11 inches diameter per acre and 6 to 15 snags <11 inches diameter per acre where feasible (away from trails, roads, and other infrastructure to meet public safety objectives).

• Thin conifer regeneration <5 inches dbh to approximately 15-foot spacing between stems.

o Leave species priority (most to least desirable): healthy aspen, DF, WF. As a rule, leave the healthiest trees first as exact spacing is not the desired outcome.

o Spacing will not be met where existing densities are lower than target, or where trees do not meet the definition of “healthy.”

• Remove conifer regeneration <5 inches dbh under drip lines of larger trees adding to ladder fuels.

• Limb 6 feet (leave a minimum of 30% of live crown ratio) of lower bole of live trees, targeting areas within 50 feet of infrastructure.

• Reduce understory hardwood shrubs by 60%, clearing around conifer drip lines and targeting ladder fuels.

• All material will be eliminated by piling and burning, lightly broadcast chipping, or hauling offsite.

• Burn piles when sufficiently cured to achieve at least 80% consumption of materials, and under conditions that minimize residual fire effects on the stand and risk of fire spreading beyond the piles.

IMPORTANT NOTES:

• Specifications may be altered in select areas to meet critical prescribed fire objectives.

Aspen • Cut snags and other identified hazard trees within 2 times the tree height around trails, roads or infrastructure.

• Remove all conifers (subalpine fir, white fir, and Douglas-fir) growing in the understory and midstory layers of aspen stands (under the drip lines).

• Remove 80% of the understory consisting of maple and shrubs, preserving any aspen regeneration.

• Remove 80% of dead and down to increase the suckering potential of aspen.

o 20 % of dead and down aspen shall be left for moisture retention and soil stability.

• All material will be eliminated by piling and burning, lightly broadcast chipping, or hauling offsite.

• Burn piles when sufficiently cured to achieve at least 80% consumption of materials, and under conditions that minimize residual fire effects in the stand and risk of fire spreading beyond the piles.

IMPORTANT NOTES:

• Specifications may be altered in select areas to meet critical prescribed fire objectives.

Gambel Oak /

Hardwood Shrub

Adjacent to structures:

• Firewise® Home Ignition Zone concepts should be used with limited Gambel oak within 30 feet and small pockets allowed from 30-100 feet from the structure.

• Gambel oak will be thinned allowing for a few older growth clumps of 5-10 trees to remain serving as a shaded fuel break. Clumps will be isolated to create canopy gaps.

• Dead material, understory vegetation, and branches serving as ladder fuels should be removed.

Limb oak clumps to a height of 3-4 feet to raise the canopy base height.

• Maintenance treatments will need to be applied every 3 to 5 years at a minimum to address sprouting response.

IMPORTANT NOTES:

• Specifications may be altered in select areas to meet critical prescribed fire objectives.

Mixed Vegetation • Utilize vegetation specific principles listed above and apply as needed and appropriate, implementing priority species preference and stand best practices.

IMPORTANT NOTES:

• Specifications may be altered in select areas to meet critical prescribed fire objectives.

Sage and Grass Adjacent to structures:

• Firewise® Home Ignition Zone concepts should be used with limited brush within 30 feet, and small pockets allowed from 30-100 feet from the structure.

• Grass should be mowed within 30 feet of structures.

In other locations:

• Mulching and mowing along roadways or in mosaic patterns can be performed to reduce overall fuel loading.

• Reseed disturbed areas with native grass and forbs to reduce undesired weed invasions.

• Thinning of brush is possible in some areas to reduce overall fuel loading, prioritizing to retain healthy sagebrush of all age classes.

IMPORTANT NOTES:

• Specifications may be altered in select areas to meet critical prescribed fire objectives.

EXHIBIT D:

CONTRACT# ___________________

SAMPLE PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“Agreement”) is between PARK CITY MUNICIPAL CORPORATION, a Utah municipal corporation (“PCMC”), and [insert NAME OF SERVICE PROVIDER], a [insert state of incorporation or formation] [insert “corporation,” “limited liability company,” or other entity type] (the “Service Provider”).

PCMC and Service Provider want to enter into an agreement for the Service Provider to perform the services and tasks as specified below.

The parties therefore agree as follows:

ARTICLE 1 – SCOPE OF SERVICES.

Service Provider shall perform the services and tasks identified and designated as Service Provider responsibilities throughout this Agreement and as outlined in Schedule A attached to this Agreement (“Scope of Services”).

A. Service Provider Representative. Service Provider designates [insert name of Service Provider representative] as the authorized representative vested with the authority to act on behalf of the Service Provider. Service Provider may change its designated representative by providing written notice to PCMC.

B. PCMC Representative. PCMC designates [insert project manager name] or their designee as its representative who has the authority to act on behalf of PCMC.

ARTICLE 2 – TERM.

This Agreement will become effective as of the date the last party signed it as indicated by the date associated with that party’s signature. The term of this Agreement ends at midnight on 12/31/2027 unless terminated sooner or extended as provided in this Agreement.

PCMC may at its sole option extend the term of this Agreement for five additional periods of one year each by notifying Service Provider in writing at least thirty days prior to the expiration of this Agreement.

ARTICLE 3 – COMPENSATION, INVOICING, AND PAYMENT.

A. Compensation. For performance of the Scope of Services, PCMC shall pay a total fee in an amount not to exceed $[insert numeric dollar amount]. Any work performed beyond the defined Scope of Services requires a written request from PCMC. Compensation for such additional work shall adhere to the terms outlined in Schedule B, if attached. In the absence of a Schedule B, any compensation for extra work shall be determined based on a mutually agreed-upon written agreement between both parties.

B. Invoicing and Payment. Service Provider shall invoice PCMC on a monthly basis for services completed during that period. PCMC shall pay Service Provider within 30 days of receipt of each invoice. Requests for earlier payment will be considered if a discount is offered for the earlier payment. For services that remain unpaid for a period exceeding 60 days, interest will accumulate at a rate of six percent per annum.

ARTICLE 4 – SERVICE STANDARDS AND COMPLIANCE WITH LAWS.

A. Service Standards. Service Provider shall be responsible for the quality of all services performed by its employees, agents, subcontractors, and all other persons (collectively, “Subcontractors”) performing any services under this Agreement. All services shall be executed with competence and in conformity with the standard of care, diligence, and skill typically exercised by professionals within the Service Provider’s field.

B. Conformance to Laws. In providing services under this Agreement, Service

Provider and its Subcontractors shall comply with all applicable federal, state, PCMC, and other local laws, regulations, and ordinances, including applicable licensure and permit requirements, regulations for certification, operation of facilities, and accreditation, employment laws, and any other standards or criteria described in this Agreement.

C. E-Verify. Service Provider shall register and participate in E-Verify or an equivalent program for each employee employed within the state of Utah if this Agreement is entered into for the physical performance of services within Utah, unless exempted by Utah Code § 63G-12-302. Service Provider shall require that each of its Subcontractors, at every tier, certify under penalty of perjury that each Subcontractor has registered and is participating in E-Verify or an equivalent program, to the extent applicable.

ARTICLE 5 – RECORDS AND INSPECTIONS.

A. Records. Service Provider shall keep any records, documents, invoices, reports, data, information, and all other material regarding matters covered, directly or indirectly, by this Agreement for six years after expiration of this Agreement. This includes everything necessary to properly reflect all expenses related to this Agreement and records of accounting practices necessary to assure proper accounting of all expenses under this Agreement.

B. Inspection of Records. Service Provider shall make all of the records referenced in this section available for inspection to PCMC, its authorized representatives, the State Auditor, and other government officials authorized to monitor this Agreement by law. Service Provider must permit PCMC or its authorized representative to audit and inspect any data or other information relating to this Agreement. PCMC reserves the right to initiate an audit of the Service Provider's activities concerning this Agreement, at the expense of PCMC, utilizing an auditor selected by PCMC.

C. Government Records Access and Management Act. PCMC is subject to the requirements of the Government Records Access and Management Act, Title 63G, Chapter 2 of the Utah Code (“GRAMA”). All materials submitted by Service Provider related to this Agreement are subject to disclosure unless the materials are exempt from disclosure under GRAMA. The burden of claiming an exemption from disclosure rests solely with Service Provider. Any materials for which Service Provider claims an exemption from disclosure based on business confidentiality as provided in Utah Code § 63G-2-309 (or successor provision) must be marked as “Confidential” and accompanied at the time of submission by a statement from Service Provider explaining the basis for the claim. Generally, GRAMA only protects against the disclosure of trade secrets or commercial information that could reasonably be expected to result in unfair competitive injury. PCMC will make reasonable efforts to notify Service Provider of any requests made for disclosure of documents submitted under a claim of confidentiality.

Service Provider specifically waives any claims against PCMC related to disclosure of any materials pursuant to GRAMA.

ARTICLE 6 – RELATIONSHIP OF PARTIES.

A. Independent Contractor. The parties intend that Service Provider is an independent contractor and not an employee of PCMC. Except as specifically provided in this Agreement, the parties intend that Service Provider has no authority to act on behalf of

PCMC.

B. Subcontractor Relationship. The Service Provider shall have full control and authority over performance and activities of its Subcontractors throughout the execution of this Agreement. It is the sole responsibility of Service Provider to ensure that its Subcontractors adhere to the terms and conditions outlined in this Agreement.

Furthermore, Service Provider shall bear full responsibility for any actions or omissions of its Subcontractors.

C. Treatment of Assets. Neither party will have an interest in the intellectual property owned or licensed by the other party, unless otherwise agreed by the parties in writing.

PCMC will become the owner of all deliverables, work product, and other materials specifically created by the Service Provider and its Subcontractors under this Agreement.

ARTICLE 7 – INDEMNIFICATION.

A. Definitions. In this Agreement, the following definitions apply:

(1) “Indemnifiable Losses” means the aggregate of Losses and Litigation Expenses.

(2) “Litigation Expense” means any reasonable out-of-pocket expense incurred in defending a Proceeding or in any related investigation or negotiation, including court filing fees, court costs, arbitration fees, witness fees, and attorneys’ and other professionals’ fees and disbursements.

(3) “Loss” means any amount awarded in, or paid in settlement of, any Proceeding, including any interest but excluding any Litigation Expenses.

(4) “Proceeding” means any investigation, claim, judicial, administrative, or arbitration action or lawsuit, or other cause of action of every kind or character, brought by third parties against PCMC, its agents, employees, or officers, that arises out of this Agreement or the performance of this Agreement by Service Provider or its Subcontractors or subconsultants of any tier, or anyone acting under Service Provider’s direction or control, including after the expiration or termination of this Agreement.

B. Indemnification. Service Provider shall indemnify PCMC and its agents, employees, and officers against all Indemnifiable Losses arising out of a Proceeding, except to the extent the Indemnifiable Losses were caused by the negligence or willful misconduct of PCMC.

C. Obligation to Defend. Service Provider shall, at its sole cost and expense, defend PCMC and its agents, employees, and officers from and against all Proceedings, provided that Service Provider is not required to defend PCMC from any Proceeding arising from the sole negligence of PCMC or its agents, employees, or officers.

D. Tender. Service Provider’s obligation to defend will arise upon PCMC’s tender of defense to Service Provider in writing. If PCMC fails to timely notify Service Provider of a Proceeding, Service Provider will be relieved of its indemnification obligations to the extent that Service Provider was prejudiced by that failure.

Upon receipt of PCMC’s tender of defense, if Service Provider does not promptly notify PCMC of its acceptance of the defense and thereafter duly and diligently defend PCMC and its agents, employees, and officers, then Service Provider shall pay and be liable for the reasonable costs, expenses, and attorneys’ fees incurred in defending the Proceeding and enforcing this provision.

E. Legal Counsel. To assume the defense, Service Provider must notify PCMC of their intent to do so. Promptly thereafter, Service Provider shall retain independent legal counsel that is reasonably acceptable to PCMC.

F. Settlement. After Service Provider assumes the defense of a Proceeding, Service

Provider may contest, pay, or settle the Proceeding without the consent of PCMC only if that settlement (1) does not entail any admission on the part of PCMC that it violated any law or infringed the rights of any person, (2) provides as the claimant’s sole relief monetary damages that are paid in full by Service Provider, and (3) requires that the claimant release PCMC and its agents, employees, and officers from all liability alleged in the Proceeding.

G. Waiver. Service Provider expressly agrees that the indemnification provision herein constitutes the Service Provider’s waiver of immunity under Utah Code § 34A-2-105 for the purposes of this Agreement. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. No liability shall attach to PCMC by reason of entering into this Agreement except as expressly provided herein.

H. No Limitation. The indemnification obligations of this Agreement shall not be reduced by a limitation on the amount or type of damages, compensation, or benefits payable by or for the Service Provider or Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefit acts.

I. Interpretation. The parties intend that the indemnity and defense provisions in this Article shall be interpreted so as to be enforceable to the fullest extent permitted by law, but nothing herein shall be interpreted to violate public policy.

J. Environmental Indemnity. Service Provider shall indemnify PCMC, its agents, employees, and officers for any Indemnifiable Losses from a Proceeding arising out of Service Provider’s violation of federal, state, or local environmental laws or regulations, and shall include but not be limited to all cleanup and remedial costs, diminution in value of property, and any fines or fees imposed as a result.

ARTICLE 8 – INSURANCE.

At its own cost and expense, Service Provider shall maintain the following mandatory insurance coverage to protect against claims for injuries to persons or property damage that may arise from or relate to the performance of this Agreement by Service Provider, its agents, representatives, employees, or Subcontractors for the entire duration of this Agreement or for such longer period of time as set forth below. Prior to commencing any work, Service Provider shall furnish a certificate of insurance as evidence of the requisite coverage. The certificate of insurance must include endorsements for additional insured, waiver of subrogation, primary and non-contributory status, and completed operations.

A. Commercial General Liability Insurance. Service Provider shall maintain commercial general liability insurance on a primary and non-contributory basis in comparison to all other insurance, including PCMC’s own policies of insurance, for all claims against PCMC. The policy must be written on an occurrence basis with limits not less than $1,000,000 per occurrence and $3,000,000 aggregate for personal injury and property damage. Upon request of PCMC, Service Provider must increase the policy limits to at least the amount of the limitation of judgments described in Utah Code § 63G-7-604, the Governmental Immunity Act of Utah (or successor provision), as calculated by the state risk manager every two years and stated in Utah Admin. Code R37-4-3 (or successor provision).

B. Automobile Liability Coverage. Service Provider shall maintain automobile liability insurance with a combined single limit of not less than $2,000,000 per accident for bodily injury and property damage arising out of the ownership, maintenance, and use of owned, hired, and non-owned motor vehicles. This policy must not contain any exclusion or limitation with respect to loading or unloading of a covered vehicle.

C. Professional Liability Insurance. [Delete if NOT applicable] Service Provider shall maintain professional liability insurance with annual limits not less than $1,000,000 per occurrence. If written on a claims-made basis, Service Provider shall maintain professional liability insurance coverage meeting these requirements for the applicable period of statutory limitation of claims (or statute of repose, if applicable) after completion of the Scope of Services or termination of this Agreement.

D. Workers’ Compensation Insurance and Employer’s Liability. Service Provider shall maintain workers’ compensation insurance with limits not less than the amount required by statute, and employer’s liability insurance limits of at least $1,000,000 each accident, $1,000,000 for bodily injury by accident, and $1,000,000 each employee for injury by disease. The workers’ compensation policy must be endorsed with a waiver of subrogation in favor of “Park City Municipal Corporation” for all work performed by the Service Provider, its employees, agents, and Subcontractors.

E. Umbrella/Excess Coverage. The insurance limits required by this section may be met by either providing a primary policy or in combination with umbrella / excess liability policy(ies). To the extent that umbrella/excess coverage is used to satisfy the limits of coverage required hereunder, the terms of such coverage must be following form to, or otherwise at least as broad as, the primary underlying coverage, including amending the "other insurance" provisions as required so as to provide additional insured coverage on a primary and non-contributory basis, and subject to vertical exhaustion before any other primary, umbrella/excess, or any other insurance obtained by the additional insureds will be triggered.

F. Insured Parties. Each policy and all renewals or replacements, except those policies for Professional Liability, and Workers Compensation and Employer’s Liability, must name PCMC (and its officers, agents, and employees) as additional insureds on a primary and non-contributory basis with respect to liability arising out of work, operations, and completed operations performed by or on behalf of Service Provider.

G. Waiver of Subrogation. Service Provider waives all rights against PCMC and any other additional insureds for recovery of any loss or damages to the extent these damages are covered by any of the insurance policies required under this Agreement.