3-ATT B Scope of Work BD26-68.pdf

REVISED 1/15/2025

ATTACHMENT B: Scope of Work – BD26-68 PROJECT: Sweetwater Hill Mastication and Safety Zone Construction LOCATION: Rich County, Garden City, UT Sweetwater Hill

Introduction: Utah Forestry Fire and State Lands, Bear River Area is acquiring services in this contract to provide for wildland fire hazard reduction by mastication/shredding of standing live and dead trees/brush with a wheeled or tracked MECHANICAL MULCHING/SHREDDER (Bullhog), and the Construction of gravel parking areas (safety zones for Fire Personnel and Equipment) This task order includes the Contractor to furnish labor, equipment, supervision, transportation, operating supplies, and incidentals. The project area will be over

(5) separate areas and totals approximately 8 acres of mastication and 112,000 square feet of gravel parking areas as identified on the attached site map.

SECTION I – PROJECT REQUIREMENTS

SITE SPECIFICS:

Location and Description: The work under this contract is located in the Sweetwater Hill HOA area of Rich County approximately 4 miles south of Garden City, Utah. All work will be done on land owned by Sweetwater Hill HOA. Elevations range from 6,300 to 7,000 feet within the project site. Slopes range from flat to 40%. The work site consists of (5) individual project sites spread across the Sweetwater Hill development. The work sites are located within a community/housing area comprising both primary and secondary homes. Work Sites are adjacent to HOA Roads that must remain open for residents. The treatment and construction boundaries will be flagged and marked. The work location is shown on the general location and site maps.

• Mastication Acreage: 8

• Gravel: 112,000 Square Feet

Access to the site: Access to the project site is provided by gravel roads maintained both by HOA and Rich County.

SPECIFIC TASKS:

Work Limits: Only areas shown on the Project Map will be treated. The boundaries have been Identified and marked with flagging. Work will be conducted on HOA property that is adjacent to private property parcels.

The Contractor shall immediately upon entering the project area, begin work, locate control points, and corners, and take such action to prevent their destruction and only do work on HOA Property.

Mulching/Mastication: All trees and brush within the designated treatment areas are to be masticated and removed to a maximum height of six (6) inches. Mulch depth shall not exceed six (6) inches. If mulch exceeds six inches in depth the Contractor shall spread the mulch either mechanically or by hand. Ground Disturbances should be as minimal as possible and any berms/ruts should be graded smooth.

Gravel Parking Areas: The Gravel Parking areas must be built of clean, compacted soil or gravel, and topped with a minimum of 10” of Compacted A1A or other approved base course gravel material and a minimum of 4” of compacted 1.75” minus road base as the top and final layer. Roadbase and A1A gravel materials will require a current gradation submission and shall have two fractured faces per AASHTO T 335, and not have greater than 13% of number 200’s passing and be “non-plastic”. Areas must be graded uniformly and smooth and to a slope of no more than 8% and provide drainage and have no standing water. The “shoulders” of gravel areas must be backfilled and graded with topsoil in areas where steep drop offs would occur to at minimum a 3:1 slope.

Native Soil for fill may be collected on site and moved to various sites to reduce the import of fill material. If on site collection is used, these areas must only occur in places where collection will be covered with gravel material.

At site #5 Serviceberry, an 18” culvert must be installed to provide drainage across the existing HOA Roadway.

This culvert must be backfilled with compacted a1a gravel and road base material.

If at any time after compaction of gravel areas has been completed and deflection or displacement (rutting) of Gravel Materials is noticed, AASHTO T310 compaction tests will be required at the expense of the contractor.

CONTRACTOR FURNISHED EQUIPMENT:

Equipment Requirements: At least two (preferably multiple), mobile, tracked or wheeled, hydraulically or PTO driven, mechanical mulching/shredder (Bullhog) shall be furnished on a fully-operational basis, with a competent, fully-qualified operator, and shall be capable of mulching/shredding live trees up to twenty-six (26) inches in diameter at twelve inches above ground level measured on the uphill side.

Skid Loader, Road Grader or Excavator, water truck and or way to haul water for compaction and compaction devices capable of placing and grading gravel areas shall be furnished on a fully-operational basis, with a competent, fully-qualified operators.

Equipment shall be washed with a high-pressure system before entering and exiting project lands. All soil and plant parts shall be removed to prevent the spread of noxious weeds in and out of the project area.

GOVERNMENT FURNISHED PROPERTY:

No Government property shall be furnished on this project.

EQUIPMENT AND WORKMANSHIP:

All equipment and/or materials incorporated into the work covered by this contract shall be of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. All work under this contract shall be performed in a skillful and workmanlike manner. The State may require, in writing, that the contractor remove from the work any employee deemed by the State to be incompetent, careless, or otherwise objectionable.

Surface Conditions: Mulching shall not occur under conditions that prevent the proper operation of equipment.

These conditions include snow, frozen ground or when the soil exceeds 15% moisture content. When such conditions are encountered, the Contractor shall stop work and notify the Government.

Surface Disturbance: Public or private access roads damaged by the Contractor shall be restored at the Contractors expense to the same condition they were in at the commencement of work. Equipment and vehicles must not be operated or driven outside of the flagged boundaries except on identified roads or trails. All terrain vehicles may be used within project areas as long as vehicle use does not create a visible trail. Bullhog use will be prohibited when soils are wet and rutting might occur. All created visible trails and/or ruts will be reclaimed at the expense of the contractor.

CONTRACT TIME

From time of award until June 25th, 2026.

The contractor must submit the invoice to the agency the day of project completion, or the day after completion if the project is completed on June 25th after 12:00PM.

SECTION II – BID REQUIREMENTS/INFORMATION

SITE VISIT:

A MANDATORY SITE VISIT will be held on May 6th 2026. We will meet at Hodges Canyon Trail Head Parking Lot (41.9164948, -111.4012743) at 10:00AM MST. A sign-in sheet will be provided for all attendees to sign in with the company name, contact person, phone number, and email. Per Utah Procurement Rule R33- 6-103 Pre-Bid Conferences and Site Visits. Mandatory site visits must be attended in person by an authorized representative of the person or vendor submitting a bid. The meeting will begin promptly at the above time. Any prospective bidders who arrive after the stated time of the meeting will not be allowed to submit a bid. Failure to attend the site visit shall result in the disqualification of any bidder who does not have an authorized representative attend the entire duration of the mandatory site visit. This includes not taking calls/texts during the site visit. Phones may be used to take pictures. All discussions not related to the site visit must be done after the site visit to not be a distraction during the site visit. An attendance log will be maintained including the name of each attendee, the entity the attendee is representing, and the attendee’s contact information, minutes of the site visit, and copies of any documents distributed by the conducting procurement unit to the attendees and shall be published as an addendum to the solicitation. Any verbal modifications made to any of the solicitation documents during the mandatory site visit shall be reduced to writing and will be published as an addendum to the solicitation.

It is strongly recommended that each potential bidder ensure that he/she has a complete understanding of the requirements of this project. Bidders are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

MAPS/FILES

Under no circumstances shall the shape/KML files be considered part of the contractual document. They will be provided for informational purposes only. Any .pdf files provided in this bid document, and the actual physical site location shall govern any contractual interpretation or dispute related to this project.

QUESTIONS:

Only questions specific to the site should be asked at the site visit (if held). Questions related to this solicitation, specifications, or bidding procedures MUST be asked in writing on the Q&A board within the solicitation to keep the process fair and transparent. There are no exceptions to this. Questions asked at the site visit and subsequent answers will be recorded and posted in the solicitation so that all potential bidders can review questions and answers.

BIDDING:

This contract will be bid on a price per acre basis for the mastication, and a price per square foot of gravel laid and will be awarded by the lowest total (combined) project bid. The total price shall include all labor, equipment, and materials necessary to complete the job, which includes all mobilization and operating costs.

There will be no fuel surcharges or adjustments negotiated.

REFERENCES:

For a bid to be considered for this project, the bidder must have a minimum of 5 years of experience in excavation/construction. Bidders must provide a minimum of two references (preferably three) that can establish that the bidder has this required experience and has performed well within the past three years.

Bidders who do not meet the experience requirement will not be considered for award. Reference information must include the information outlined in Attachment C, Reference Information, included elsewhere in this solicitation. References that cannot be reached because the information is too old to be accurate, or is otherwise inaccurate, will not be considered a proper reference that meets the minimum number of references stated above. To help determine bidder responsibility, the State reserves the right to request additional reference information.

CONRACT AWARD:

A contract will be awarded to the lowest responsive/responsible bidder who meets any experience and equipment requirements noted elsewhere in this solicitation.

USE OF SUBCONTRACTORS:

The Project Manager must approve the use of all subcontractors in writing prior to their performance of any work on the project.

SECTION III – ADDITIONAL REQUIREMENTS

ENVIRONMENTAL CONSIDERATIONS:

1. Project sites shall be cleaned up, and all refuse removed by the Contractor. The Contractor shall be responsible for the disposal of materials in a manner consistent with State, Federal, and local laws and for all expenses incurred with the disposal. Public or private access roads damaged by the Contractor shall be restored at the contractor's expense to the same condition they were in at the commencement of work.

2. Use of 2-wheel and 4-wheel vehicles is permitted in the project areas. Off-road driving will be prohibited when soils are wet and rutting may occur.

3. Hazardous Materials:

A. Use of Hazardous Materials and/or petroleum products requires that all appropriate State and Federal Regulations be complied with including, but not limited to, Materials Safety Data Sheets (MSDS) on hand and use of necessary Personal Protective Clothing (PPE).

B. On-site disposal of Hazardous Materials or Waste including hydrocarbons is not authorized. On-site disposal will subject the contractor to at least the cost of reclamation and the appropriate disposal of contaminated soil.

C. Incidental (de minimus) leaks from fittings, gaskets, or ruptured hoses will not subject the contractor to remedial requirements. They will be considered to be normal and unavoidable losses. Continual leaks will be noted on inspection reports and correction through maintenance is required.

D. Maintenance and repair operations that require the draining of engines or hydraulic systems may be conducted on-site only if the fluids are captured, containerized, and removed from public lands for proper disposal.

PUBLIC ACCESS:

Access into and through the project site shall remain open to the public at all times. The Contractor shall maintain roadways free of vehicles, tools, and debris.

SECURITY OF EQUIPMENT AND PROPERTY:

The Contractor may leave equipment at the work site, however, the Contractor shall be solely responsible for the protection of equipment and is solely responsible if the equipment is lost, stolen, or damaged.

CREW SUPERVISION:

1. The contractor shall designate one English-literate supervisor who will be on site during operation hours. Supervisors shall be identified during the pre-work conference. Any changes in supervisory designations must be submitted in writing to the Project manager at least 24 hours before the change takes effect.

2. The person designated by the Contractor, as supervisor must remain with and effectively direct the crew by (1) making periodic inspections of the crew’s work, (2) advising them as to improper work methods,

(3) providing instructions for correcting any improper work methods encountered.

3. Emergency transportation will be provided by the Contractor at all times.

WORK HOURS:

Work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day.

WORK SCHEDULE:

The work schedule shall be submitted at the pre-work conference.

DELAYS:

The contractor is expected to complete all contract performance in a timely manner, regardless of the contractor or subcontractor's other workload, including any work being performed under other state contracts. A delay or failure to perform may be considered excusable when the delay or failure arises from causes beyond the control and without the fault or negligence of the Contractor or subcontractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the State in either its sovereign or contractual capacity, (3) fires,

(4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor or subcontractor.

Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule may be revised, subject to the State’s contract termination rights under the contract.

Note: “Unusually severe weather” means weather that is outside the normal weather patterns for a specific area at a specific time of the year. For example, strong wind and snow storms in fall and winter, or strong wind, rain or hail storms in spring and summer are not considered unusually severe. An unusually severe snow, wind or rain storm is one that is worse than even the harshest normal conditions during a season.

PROJECT MEETINGS:

Pre-work Conference:

1. Location: Meetings shall be held at the project site, or as determined by the Project Manager.

2. Notification: A pre-work conference will be held prior to the start of work. The Contractor will be notified in advance of the meeting time, date and place. The purpose will be to review required work, project drawings and specifications, construction schedules, payroll and payments, and administrative provisions of the contract.

3. Attendance: The Contractor, subcontractors and the persons responsible for coordination of the work shall be present at the meeting.

4. Presentation: The Contractor shall be prepared to summarize and explain procedures planned for each project and present the work schedule requested in the specifications.

Progress Meetings:

1. Location: Meetings shall be held at the project site, or as determined by the Project Manager.

2. Notification: Meetings may be called by either the Project Manager or the Contractor. Request shall state who should attend.

FIRE DANGER SEASON:

If the Project Manager allows the Contractor to continue work during the periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the Project Manager

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA:

1. The Contractor agrees that should he or any of his employees in the performance of this contract discover evidence of possible scientific, pre-historical, historical, or archeological data he will notify the Project Manager immediately giving the location and nature of the findings.

2. Where appropriate by reason of discovery, the Project Manager may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted.

3. The Contractor agrees to insert this paragraph in all subcontracts, which involve the performance of work on the terrain of the site.

PROTECTION OF CULTURAL RESOURCES:

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-ll) (36 CFR 296.4 and 36 CFR 261.9(g)), shall be identified on the ground by the Government. The Government may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object that is or may be entitled to protection under these Acts regardless of when the area, object, or artifact is discovered or identified. Discovery of such areas by either party shall be promptly reported to the other party and operations will be suspended at that location until the significance or potential significance of the site is determined.

The contractor shall protect all known and identified historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture against destruction, obliteration, removal, or damage during the Contractor's operations. The contractor shall immediately notify the Government if disturbance occurs to any known site, and shall immediately halt operations in the vicinity of the site until the Government authorizes the Contractor to proceed. The contractor shall bear costs of evaluation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law.

NOTICE TO PROCEED:

Unless notified by the project manager that notice-to-proceed will be delayed, receipt of the contract or purchase order by email shall constitute a Notice to Proceed. The Project Manager may issue a separate delayed notice-to-proceed for any reason including adverse soil, vegetative, climatologic, or other environmental conditions.

CONTRACT PERFORMANCE:

The Contractor shall begin work within seven (7) calendar days from the effective date of the notice to proceed.

The Contractor shall continue the performance of the work under the contract without delay or interruption except by causes beyond his control identified in the Delays clause. While an extended performance window is provided in this statement of work, this extended window is designed for contractors who may have multiple contracts to complete for the State of Utah at the same time as this contract. The extended performance window is not to be construed as a full performance time window just for this project unless approved in advance in writing by the State’s project manager. Once the contractor is on site working, the contractor shall work diligently and complete all work within the project performance time in the Contract Time clause below.

It is the contractor’s sole responsibility to complete contract performance regardless of the contractor’s current workload, including other state contracts. If necessary, the contractor will be expected to take whatever means are necessary to ensure timely contract performance. At the discretion of the contractor, this may include sub-contracting, additional equipment/manpower, and/or any other necessary action. Any necessary action taken by the contractor to ensure timely completion shall be at no additional expense to the State of Utah beyond the original contract price.

INSPECTION:

Surveillance Plan: The Government will inspect completed acres and provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to ensure that work complies with the contract specifications.

Final Inspection:

1. Location: Meeting shall be held at the project sites, or as determined by the Project Manager.

2. Notification: The Contractor shall notify the Project Manager at least three (3) working days before the completion date so the Government can schedule the final inspection.

3. Deficiencies: The Contractor shall correct deficiencies and project areas will be re-inspected by the Project Manager.

ACCEPTANCE:

Based on inspection results, if the quality level falls below contract specifications, the Project Manager will immediately notify the Contractor in writing and instruct the Contractor to improve the quality of work. If the quality of the work is not raised to an acceptable level after written notification, the Project Manager may issue a suspension work order to resolve the problem, during which time contract time will continue to run.

If untreated or unsatisfactorily treated areas are the primary reason for unsatisfactory work, the Contractor shall rework acres designated by the Government until satisfactory work quality is obtained.

PAYMENT:

One lump-sum final payment will be made for the actual number of acres completed following a final inspection of the completed project, and consistent with the payment clause in the State’s standard terms and conditions. Normally, requests for partial payments will not be considered. However, if a partial payment request is considered, approval of said request shall be at the total discretion of the State. The contractor must get a partial payment request approved in writing before submitting an invoice for partial payment. Partial payment invoices received without prior approval will be returned to the contractor as not proper for payment.

WINTER STOPPAGE:

At the sole discretion of the State and or the Federal Partner this contract may be stopped at any time due to frozen soil or other winter conditions. Once the contract work is stopped for winter, the state may pay the contractor and cancel the remaining portion of the contract, or issue a resumption of work order when spring weather permits. The contractor must proceed diligently with all work as weather permits until a stop-work order is issued.

CHANGE ORDERS:

Minor Change Order. If the State determines that a change in the Scope of Work is necessary, they may modify acreage totals or parcel configuration by up to 10% of the originally proposed Project Area by providing written notice to the Contractor (“Minor Change Order”). Issuance of a Minor Change Order does not excuse the Contractor from their obligation to perform the work under their original per-acre bid price, nor does it excuse the State from paying Contractor for work completed to project specifications. Changes in acreage or parcel configuration will add or exchange work areas with characteristics similar to those in the original Project Area.

When possible, a Minor Change Order should be implemented so as to leave a consolidated and contiguous project area having similar access to that originally described in the Scope of Work.

Major Change Order. If the State determines that a change in the Scope of Work is necessary, and that change does not qualify as a Minor Change Order, the State and the Contractor may negotiate a Major Change Order as an amendment to the original contract. Examples of Major Change Orders include: (1) a reduction or cancellation of acreage that is greater than 10% of the original Project Area or (2) a change in the Project Area such that the new project characteristics are not comparable to those described in the original Scope of Work.

Major Change Orders may authorize an increase in the unit price of per-acre bid submitted by the Contractor, payment of part or all of equipment mobilization costs incurred by the Contractor, or a combination of both.

Any Major Change Order shall be supported by documentation supporting the equitable adjustment in contract terms and is subject to approval by the State of Utah Division of Purchasing.

Change Order Limitations. The sum of all payments made under one or more Change Orders on a single contract may not exceed the liability cap for the contract, calculated by identifying the per-acre bid price, and multiplying that figure by 10% of the acreage within the Project Area that remains untreated. For example, the maximum payment authorized under a Major Change Order would be calculated as follows:

$50 per acre bid price x (10% of 500 acres left untreated) = $2,500 Maximum or

$250 per acre bid price x (10% of 1250 acres left untreated) = $31,250 Maximum

Nothing in this Section relieves the Contractor from their obligation to perform as described in Section 1, unless the State determines that a change order is appropriate. Under no circumstances may a Change Order exceed the total approved contract price. In most cases, the actual Change Order amount will be substantially less than the maximum liability cap for the contract. Nothing herein shall be construed as eliminating or modifying a Contractor’s obligation to mitigate damages they may incur due to the circumstances necessitating a Major Change Order, or the State’s right to terminate an Agreement in lieu of issuing a Change Order.

SECTION IV – MAPS, DRAWINGS AND OTHER INFORMATION

DOCUMENTS INCORPORATED BY REFERENCE:

MAPS ATTACHED AS DETERMINED BY AGENCY

ATTACHMENT C

REFERENCE INFORMATION

First Reference:

Company Name:___________________________ Contact Person:________________________

Phone Number: ____________________________ Email Address:_________________________

Project Name:_____________________________ Project Type/Size: __________/____________

Contract Amount: $_______________ Date Completed: _____________________

Comments related to this reference:_______________________________________________________

Second Reference:

Company Name:___________________________ Contact Person:________________________

Phone Number: ____________________________ Email Address:_________________________

Project Name:_____________________________ Project Type/Size: __________/____________

Contract Amount: $_______________ Date Completed: _____________________

Comments related to this reference:_______________________________________________________

Third Reference:

Company Name:___________________________ Contact Person:________________________

Phone Number: ____________________________ Email Address:_________________________

Project Name:_____________________________ Project Type/Size: __________/____________

Contract Amount: $_______________ Date Completed: _____________________

Comments related to this reference:_______________________________________________________

(NOTE: Additional references can be provide in this same format on a separate uploaded document)

DOCUMENTS INCORPORATED BY REFERENCE: