3-ATT B Scope of Work Five Mile Brush Mowing and Chemical Application.pdf

ATTACHMENT B SCOPE OF WORK

BD27-110

PROJECT: Five-Mile Brush Mowing and Chemical Application Project LOCATION: Southwest Utah in Garfield County approximately 10 miles west of Panguitch, Utah

Introduction: Utah Division of Wildlife Resources (UDWR) in conjunction with Utah Department of Agriculture and Food (UDAF) Grazing Improvement Program (GIP), are seeking services in this contract to provide for brush removal through the efforts of mowing and applying herbicide in one treatment. This project will be done using a wet blade mowing system which will apply the chemical as the rabbitbrush is being mowed or using a mow followed by chemical application within 5 minutes of cutting. This type of system is mounted on a bobcat or skid steer type equipment. This task order includes the Contractor to furnish labor, equipment, supervision, transportation, operating supplies and incidentals. Project area totals approximately 235 acres of private land as identified on attached site map.

SECTION I – CONTRACT REQUIREMENTS

SITE SPECIFICS:

Location and Description: Work under this Contract is located on private Southwest Utah in Garfield Counties approximately 10 miles west of Panguitch, Utah. The total number of acres within the project area is 235 acres. The work location is shown on the general location and site maps. Elevations range from 7,500 to 8,000 feet within the project site.

Access to the site: Access onto the project site is provided by a combination of paved highways, county dirt surface roads and jeep trails. Four (4) wheel drive vehicles are recommended in and around the project area. It will be the contractor’s responsibility to get the equipment to the work site.

SPECIFIC TASKS:

Work Limits: Approximately 235 acres on the Project Map will be treated; project will NOT be flagged.

Shapefiles/KML Files and/or PDF maps will be provided prior to work beginning. Contractor will need GPS or smartphone capabilities (Avenza or similar program) to ensure the proper areas are treated. In all polygons all brush will be mowed, and all rabbitbrush will be treated with herbicide after being mowed.

Forest Service staff have identified unit boundaries for the work executed under the contract. The Contractor shall immediately upon entering the project area, begin work, locate control points, section corners, and take such action to prevent their destruction.

CONTRACTOR FURNISHED EQUIPMENT:

1. Equipment Requirements: Provide at least one wet mower capable of mowing brush up to 6 feet in height and applying herbicide to the cut base of the rabbitbrush in the same application or a mower followed by a sprayer, with a competent, fully qualified operator.

2. The contractor must be licensed by the State of Utah and possess a current Commercial Pesticide Applicator license.

3. Provide enough equipment to complete the work in the specified performance window. Equipment shall be washed with a high-pressure system before entering and exiting the project work area. All soil and plant parts shall be removed to prevent the spread of noxious weeds in and out of the project area.

4. Contractor will provide the herbicide Tordon 22K or equivalent and other necessary adjuvants to be applied at a rate of 2 quarts per acre treated or as otherwise specified by project manager. Contractor will be expected to provide culinary water (to not spread Aquatic Invasive Species) and herbicide mixing equipment necessary for use in their application system.

GOVERNMENT FURNISHED PROPERTY:

There will be no government furnished property. As previously noted, shapefiles/KML and/or PDF maps will be provided for the project areas.

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: Mowing and herbicide application shall not occur under conditions that would prevent the proper operation of equipment. These conditions include snow accumulations greater than 2”, heavy rainfall/excessive water accumulation. When such conditions are encountered, the Contractor shall stop work and notify the Utah Division of Wildlife Resources.

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 treatment polygon boundaries except on identified roads, trails, or for access to polygons not near a road network (with prior approval). All-terrain vehicles may be used within project areas as long as vehicle use does not create a visible trail. All created visible trails and/or ruts will be reclaimed at the expense of the contractor.

CONTRACT TIME:

Project Performance Time: Contract may be started on October 1, 2026, and all acres inside the project treatment polygons shall be completed by April 15, 2027. However, there is a strong preference for the project to be completed before winter.

It is the Contractor’s sole responsibility to complete contract performance on time regardless of Contractor’s current workload, including other state or federal 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 with prior written approval from the State, 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.

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 uncompleted 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.

SECTION II – BID REQUIREMENTS/INFORMATION

SITE VISIT:

A site visit will NOT be held prior to bidding. It is strongly recommended that each potential bidder 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

For this project shape/KML file(s) are available.

If available, files will be provided to any bidder who requests them. To request a shape/KML file, bidder must submit a request for the file(s) in the Q&A section on Bonfire. Properly submitted requests will be granted and file(s) will be provided by Purchasing as a file upload on Bonfire as long as the request is sent prior to the question & answer closing time. Requests for shape or KML files submitted by fax or phone will not be honored. The State is not responsible if said files cannot be delivered by email because of the bidder’s email system limitations. It is the sole responsibility of the bidder to ensure that his/her email capability is adequate. Shape/KML files will not be delivered under any other format or method. No other comments or questions are allowed in an emailed request. Note the “Questions” provision below.

Under no circumstances shall the shape/KML files by 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:

All other questions related to this solicitation, specifications, or bidding procedures MUST be asked in writing in Bonfire. There are no exceptions to this. Questions asked at the site visit, and subsequent answers will be recorded and posted on Bonfire so that all potential bidders can review questions and answers.

BIDDING:

This contract will be bid on a per-acre price. The per-acre price will be extended based on the quantity of acres to show a total project price. Acreage will be measured using GIS technology on a flat plane. No adjustments will be made for slope. 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:

No references will be required.

EQUIPMENT:

Bidders must provide the make, model and horsepower rating of the skid steer mounted wet mowers used within this project and/or other equipment to be used with the bid SUBMITTAL. This requirement allows the project manager to determine if it meets the requirements of the project.

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. Any company or individual who submitted a bid on the project, was offered the project as the low bidder, and declined that award, or who defaulted on project after being awarded the contract, is ineligible to be a subcontractor for, or an employee of, the successful bidder.

SECTION III – ADDITIONAL REQUIREMENTS

ENVIRONMENTAL CONSIDERATIONS:

Applies to the entire project area.

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. 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.

2. Avoid desired forage shrub species (i.e. bitterbrush and riparian shrubs).

3. Ground disturbing heavy equipment and equipment will be thoroughly washed and inspected, prior to entering National Forest System Lands.

4. Use of vehicles and equipment will be restricted or halted during periods of wet soil. This is defined as any time the equipment ruts greater than 2 inches in moist soil. The preferred time of treatment is when soils are dry to prevent tracks from rutting soil.

5. Project implementation ingress and egress routes from cross country travel will be rehabbed in accordance with methods described in A Guide for Road Closures and Obliteration in the Forest Service (USDA,1996). No temporary road construction will occur.

6. All range improvements (fences, gates, water developments, ponds, and pipelines) will be protected. Any damages incurred as a result of implementation must be restored to pre-implementation functioning condition.

7. Herbicide mixing should occur on roads to limit the possibility of affecting non target species.

8. Herbicides will be applied in accordance with label instructions by a state of Utah applicators License.

9. Equipment, including vehicles, pumps, drafting hoses, foot valves, boots/waders etc. that may cross or enter the stream should be thoroughly cleaned and dried or decontaminated before moving from one water source to another to prevent the spread of aquatic invasive species (AIS). See the latest version of the USFS Guide to Preventing Aquatic Invasive Species (AIS) Transport by Wildland Fire Operations (NWCG, 2017) for general guidance and technical information.

10. Implementation personnel would limit the number of crossings by vehicles and equipment on intermittent, ephemeral, and perennial stream channels. Crossings will only occur at sites designated sites.

11. Mowing will not occur in intermittent or perennial stream channels; mowing will remain on the terrace above any stream channel. Mowing will also not occur anywhere that riparian vegetation or standing water is present.

12. Soil Biocrusts (often craggy soil composed of fungi, lichens, and cyanobacteria) area of will be avoided whenever possible. If not feasible, efforts will be made to only pass over the crust once as to protect as much of the biocrust as possible.

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. If spills of diesel or herbicide occur notify project manager of the location and quantity that is spilled.

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 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.

ACCESS:

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

The Contractor is responsible for repairing all range infrastructure (i.e. fences, gates, posts) to Forest Service Specification that were altered to access treatment areas, and to close and rehab ingress and egress routes.

SECURITY OF EQUIPMENT AND PROPERTY:

The Contractor may leave equipment at the work site; however, the Contractor shall be solely responsible for protection of equipment and is solely responsible if the equipment is lost, stolen or damaged. The State and Forest Service will not be liable for any lost, stolen, or damaged equipment.

CREW SUPERVISION:

1. Contractor shall designate one English literate supervisor (understands and can speak English well enough to effectively communicate with the Project Manager and inspectors), 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 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 always be provided by the Contractor.

WORK CAMPS:

Work camps may be established only in locations authorized in advance by the Project Manager. Should such a camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. If tent camping proper sanitation (i.e., porta potty) will be installed on site for crew use. 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.

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 hours may NOT extend into darkness in the Prairie Dog Protection Areas. Work hours in the remaining treatment polygons may extend into darkness only when the contractor’s equipment is suitably outfitted with exterior lighting sufficient to allow safe operation; and only when mutually agreed upon between the Contractor and the Project Manager. Work may be done on Saturday, and legal national holidays as mutually agreed between the Contractor and the Project Manager.

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 snowstorms in fall and winter, or strong wind, rain or hailstorms in spring and summer are not considered unusually severe. An unusually severe snow, wind or rainstorm is one that is worse than even the harshest normal conditions during a season.

PROJECT MEETINGS:

Pre-work Conference:

Location: Meetings shall be held at the project site, or as determined by the Cedar City Ranger District or Project Manager.

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. The contractor needs to provide at least 7 full days’ notice of when they plan to arrive on site.

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

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:

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

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:

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 and or Dixie National Forest Archaeologist immediately giving the location and nature of the findings.

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.

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 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, including the Forest Archaeologist, 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 the Government, including the Forest Archaeologist, 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. 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.

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 for and provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with the contract specifications.

Final Inspection:

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

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

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 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, 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. Contractor must get a partial payment request approved in writing prior to 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/Forest Service 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. 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.

Map 1: Five Mile Brush Mowing and Chemical Application Project General Location Map.

Map 2: Five Mile Brush Mowing and Chemical Application Project Map.