3-ATT B Scope of Work BD26-80 New Legacy Hand CutPile.pdf

ATT B: Scope of Work BD26-80

NEW LEGACY PROPERTY FOREST HEALTH & THINNING

This solicitation will utilize the Rangeland Pre-qual List

Pursuant to the Utah Procurement Code, participation in this solicitation is limited to prequalified contractors only. Bids or quotes submitted by a non-prequalified contractor will not be considered. If you are not on the current Pre-approved/Pre-qualified Vendor list for the State of Utah for the treatment type and acres, please do not submit a bid.

Introduction

Services in this project will provide for the removal of standing dead, alive standing, dead and downed debris by cutting and piling within 31 acres located on private property in Summit County. The terrain is steeply sloped (15 - 40%). A UTV may be needed to access Unit 2 and Unit 1 is easily accessible via vehicle. The goal of the project is to improve forest health conditions by means of reducing fuel buildup of downed woody material, dead standing, and live standing and diseased trees which have been growing and accumulating in the forest for decades.

Removal of downed woody debris and live standing/dead may allow for some aspen regeneration and decreased competition of conifers promoting increased forest vigor and resilience to diseases and decrease in uncharacteristic wildfire risk. Downed debris, standing dead, and alive areas will need to be cut, bucked and stacked into burn piles to be burned later during favorable conditions.

A. Description of Work

The Contractor shall supply all labor, equipment, supervision, transportation, supplies, lodging/ camping arrangements, and incidentals to perform all work as set forth in these specifications.

The contract is designed to meet the specific needs of the landowner, the State of Utah, Department of Natural Resources, Division of Forestry, Fire, and State Lands (FFSL) and Wasatch County.

The Contractor must supply:

1. For tree cutting: Chainsaw crew of at least 10 members. All necessary equipment for chainsaw maintenance, and proper personnel protective equipment (PPE).

2. 4-wheel drive vehicles and all equipment with abilities to access the project site including UTV’s. Any UTV’s used will need to be washed prior to start of project to mitigate weed control.

Only areas delineated on the Project Map will be treated. FFSL project manager will clearly identify unit boundaries for the work executed under this scope of work. The Contractor will provide service(s) using the following procedures and/or methodology:

B. Units

Unit 1 (17.11 Acres):

1. Only cut live standing subalpine fir up to 8” in diameter. Subalpine fir between 5-8” in diameter will have a variable density spacing of 10-15’ from other live conifers, particularly from the road heading east with in project area.

2. Fell all standing dead trees up to 10” in diameter at breast height (DBH). Standing dead trees exceeding 10” DBH shall be retained as wildlife habitat trees.

3. Sound not rotten dead and downed on the forest floor 2-10” in diameter will be cut and stacked into burn piles. If >10” in diameter, delimb and buck so the logs lay flat on the forest floor.

4. All cut material 1-10” in diameter will be stacked into burn piles. Material that consists of good firewood and close to the road will be stacked into firewood stacks and not into burn piles. Work with the project manager to determine where the firewood stacking stops and material goes back into burn piles.

5. Do not fell any live aspen, Douglas-fir, Engelmann spruce or lodgepole pine trees unless requested by Project Manager. Take special care to prevent damage, particularly to younger specimens.

6. Stump heights will be flush cut to the ground and shall not exceed 6” in height on the uphill side.

7. Burn piles must be neatly stacked and 20’ from mature live standing from drip line to drip line and not to exceed 10’ in height and width. Larger burn piles may be placed with Project Manager approval.

8. Leave trees ladder fuels will not be limbed up.

Unit 2 (13.75 Acres):

1. Same cutting specifications as Unit 1 with the following changes. No firewood stacking and no variable density spacing.

C. Location

The project is located in Summit County, UT, east of the town of Oakley. Please see attached map for general project location.

Cell phone communication is sparse but if standing in specific spots and along the ridgeline calls can be made/received. The nearest lodging for hotels is in Heber City or Park City, Utah.

Legal Description Unit 1:

Latitude 40 47.7961 Longitude -111 13.2960

Legal Description Unit 2:

Latitude 40 47.4183 Longitude -111 14.5819

Please see the attached project location maps. These areas will be reviewed prior to operations.

D. Contract Time

Contractor will complete this project between June 17th 2026, and October 9th 2026. Contract time may not be extended due to timing stipulations for wildlife habitat use, and fire weather/access concerns. The contractor will notify the project manager one week prior to the project begin date.

E. Mandatory Site Visit

Bidder must attend in person the MANDATORY SITE VISIT on Tuesday, June 9th, 2026 at 9:00 am at the Oakley City Hall parking lot at 960 W Center St. (parking lot east of the City Hall building) in Oakley, UT where bidders will follow the project manager via 4x4 vehicles to the project site. 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 9:00 a.m. Any prospective bidders who arrive late to the meeting will not be allowed to continue with the site visit nor submit a bid. Failure to attend the site visit shall result in the disqualification of any bidder that does not have an authorized representative attend the entire duration of the mandatory site visit. This includes not taking calls/text during the site visit. Phones may be used to take pictures. All discussion not related to the site visit must be done after the site visit as to not be a disturbance 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.

F. Site Investigation and Conditions Affecting the Work

The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

(a) Conditions bearing upon transportation, disposal, handling, and storage of materials;

(b) The availability of labor, water, electric power, and roads;

(c) Uncertainties of weather, river stages, tides, or similar physical conditions at the site;

(d) The conformation and conditions of the ground; and

(e) the character of equipment and facilities needed preliminary to and during work performance.

Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the State.

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. Equipment and vehicles will not be operated or driven outside of the flagged unit boundaries except on roads or trails for access.

G. Notice to Proceed

After the award of the project, FFSL will issue a phone text, written or emailed notice to proceed to the contractor. Issuance of such notice may be delayed for a reasonable time if adverse soil, vegetative, fire or climatological conditions exist.

H. Delay of Work

Contractor shall not be in default because of any failure to perform this Scope of Work under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) fires, (2) floods, (3) epidemics, (4) quarantine restrictions, and (5) 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.

“Default” includes failure to make progress in the work so as to endanger performance.

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 reasons above, the delivery schedule may be revised.

I. Other Requirements

1. FFSL will periodically inspect completed acres and provide recommendations to correct work deficiencies while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with the contract specifications.

2. Contractor will be required to provide additional crew and equipment information, required by the American Recovery and Reinvestment Act. (i.e. man hours)

Environmental Considerations:

1. Project sites shall be cleaned up, and all refuse removed by the Contractor. The Contractor shall be responsible for disposal of materials in a manner consistent with State, Federal and local laws and for all expenses incurred with disposal.

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

3. 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.

Public Access: Public access is prohibited.

Compliance with State and County laws The Contractor shall comply with all laws, rules, and regulations (federal, state, and county), which apply to the services provided. Best Management Practices as directed in the State of Utah’s Forest Water Quality Guidelines will be followed in all parts of the project. These will be provided to the Contractor by the State of Utah.

J. Project Boundaries and Maps

The Project Manager will provide the Contractor with maps for the project area. Only areas shown on the project map will be treated. The project areas are identified utilizing the Avenza Maps App. The boundaries have not been flagged on the ground, but can be if requested. It will be the responsibility of the Contractor to provide a GPS-enabled device capable of operating Avenza Maps and is capable of loading project areas into such device from email.

K. Hazards

1. All necessary and required safety procedures will be followed to insure protection of life and property.

L. Hazardous Materials

1. 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).

2. 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.

3. 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 required.

4. 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.

M. Security of Equipment and Property

The Contractor may leave equipment at the work site. The Contractor shall be responsible for equipment if it should be lost, stolen or damaged.

N. Crew Supervision

1. Contractor shall designate one English literate supervisor whom 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 or phone text to the Project manager at least 24 hours prior to the change taking effect.

2. Person designated by the Contractor, as supervisor must remain with and effectively directs 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.

The Contractor shall maintain adequate communication with FFSL to monitor contract progress and for the Contractor to be accountable for work quality. The Contractor shall provide information regarding to: (1) work dates, (2) number of acres completed, (3) location of acres completed on the property, (4) supervisor/inspector name, (5) work quality percentage and (6) weekly plans. FFSL will be directly supervising the project activities every week.

O. Work Camps

Work camps may be established only in location authorized in advance by FFSL in coordination with landowners. Should such a camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. Waste and bathroom facilities must be provided by the Contractor for all their laborers. Upon vacating a camp and prior to final payment, the Contractor shall remove all refuse and other signs of occupancy to the satisfaction of the Project Manager.

P. Inspection and Acceptance

FFSL will periodically inspect completed acres and provide recommendations to correct work deficiencies while work is in progress. The Contractor is responsible for providing quality control to assure 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 FFSL at least three (3) working days before completing date so FFSL 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, FFSL will immediately notify the Contractor who will improve the quality of work. If the quality of the work is not raised to an acceptable level after written notification, FFSL will instruct the Contractor to issue a suspend 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 at the Contractor’s direction the Contractor shall rework acres designated by FFSL until satisfactory work quality is obtained.

Q. Contract Award

A contract will be awarded to the lowest responsive/responsible bidder, who attended the site visit and who meets any experience and equipment requirements, and has given the price per acre. The contract will be awarded based on the bid price; which will be evaluated and awarded at the sole discretion of the government.

R. Payment

Payments shall be issued based on the actual number of acres completed, inspected, and formally accepted by the government, in accordance with the terms established during the Pre-Work Conference. Compensation will be provided exclusively for completed acres, with up to one (1) billing permitted during the contract term. Acreage calculations for payment purposes will be determined using GPS/GIS technology measured on a horizontal plane.

S. Scope of Work Performance

1. The Contractor shall continue performance of the work under the Scope of Work without delay or interruption except by causes beyond its control as identified herein. Once the Contractor is on site working, the Contractor shall work diligently and complete all work within the project performance window.

2. It is the Contractor’s sole responsibility to complete Scope of Work performance regardless of current workload, including other state contracts. 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 any other necessary action. Nighttime work is not an option unless approved by the Project Manager. Any necessary action taken by the Contractor to ensure timely completion shall be at no additional expense beyond the original contract price.

3. Past Due Notice. If a Contractor fails to complete the Scope of Work during the Project Performance Time, that failure is solely attributable to action or inaction of the Contractor, and the Government determines that a time extension is allowable, the Government and Contractor may negotiate a reduced per-acre completion price to finish the Scope of Work in lieu of cancelling the remainder of the uncomplicated acreage. This option in no way restricts the Government’s authority to terminate the Agreement at the end of its term regardless of whether acreage remains uncompleted.

T. 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 FFSL immediately giving the location and nature of the findings.

2. Where appropriate by reason of discovery, FFSL 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.

U. 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 FFSL. FFSL may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which 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.

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 Contractor's operations. Contractor shall immediately notify FFSL if disturbance occurs to any known site, and shall immediately halt operations in the vicinity of the site until FFSL authorizes the Contractor to proceed. Contractor shall bear costs of evaluation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

V. Fire Prevention Stipulation

The contractor will notify FFSL 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 this contract. Contractor will be held liable for the cost of suppression, stabilization and rehabilitation of fires or ignitions caused by operations. The contractor will:

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

⮚ 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.

⮚ 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 and leave the area immediately via pre-identified escape routes.

⮚ 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.

⮚ Notify the project leader immediately of any incident.

⮚ Shut down during red flag conditions.

⮚ The State reserves the right to impose additional fire restrictions due to severity of conditions.

W. 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.

Work will progress in an orderly, systematic and workmanlike manner with all applicable safety guidelines and contractual items followed and wildfire precautions taken. 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.

X. State Furnished Equipment

There is no Government furnished property.

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