3-Attachment B - Scope of Work.doc

Attachment B – Scope of Work PROJECT: Lower Provo Ground Only Herbicide Spraying of Myrtle Spurge Spring 2026 LOCATION: Provo Canyon, Rock Canyon, Sundance Canyon, Hobblecreek Canyon, and areas along the foothills, Utah County, UT (See Maps) Introduction: The Utah Division of Wildlife Resources (DWR) is acquiring services in this contract to provide for wildlife habitat improvement by spraying myrtle spurge with herbicide. This task order includes the Contractor to furnish labor, supervision, transportation, operating supplies and incidentals

SECTION I – CONTRACT REQUIREMENTS

SITE SPECIFICS:

Location and Description: The Wasatch Front Myrtle Spurge Herbicide Application project is located in Salt Lake County along the east foothills and canyons. The project is to spot spray with herbicide 100% of myrtle spurge located within the identified 353-acre project area (See Maps). Some of the myrtle spurge infestation may be located outside of the treatment polygons. We expect all myrtle spurge infestations within 50 m of polygons to also be treated. We would ask that if the contractor sees infestation outside of our treatment areas that is farther than 50 m that they document it and report it to the government. Some locations are remote and will require up to 1.3 miles of hiking to reach the infestation. These remote sites are our highest priority and we expect them to be treated. Bids should take these sites into consideration. Myrtle spurge (Euphorbia myrsinites) is an invasive weed species that is not native to the United States. It was brought here and planted as an ornamental plant in gardens. It has now escaped backyards and is spreading across the wildlands of the Wasatch Front at an alarming rate. If not stopped, this plant can dominate and outcompete other native plants that are important for wildlife food and habitat (See Figure 1. for a photo of this plant). Many of the locations where this plant grows are rocky and have steep slopes. ATVs or UTVs can be used on existing trails, but most of the project area will need to be accessed on foot with backpack sprayers.

We will not allow the use of drones or any other aerial spraying method on this project. All areas must be treated from the ground, regardless of the steepness of the slopes. If an area is not treated, those acres will not be paid. If lots of acres are not treated or if difficult acres are avoided, the contractor will receive a bad review.

It will be the contractor's responsibility to know the density of myrtle spurge across the project area and base their bids accordingly; densities of myrtle spurge vary greatly across the project from very high to almost none in some areas. Many acres within the project area may not have any myrtle spurge present, but it will be the responsibility of the contractor to search for myrtle spurge across the entire project area and treat it. Most of the project areas have been sprayed previously and we are hopeful that densities of plants will be much less than in the past. There is oak brush through some portions of the project where myrtle spurge grows underneath the oak brush canopy. The contractor must find these plants and is required to spray them, regardless of the difficulty of spraying within the oak brush. Payment will only be given for acres within the project area where all myrtle spurge plants located within that acre have been sprayed and killed. The state will check areas that have been sprayed to ensure that a majority of the plants have been killed. If there are lots of living plants (approximately more than >20% of plants still alive), the contractor will be asked to retreat those acres or not be paid for those acres.

Access to the sites: Access to the project sites is provided by a combination of paved roads and dirt trails. Several areas are only accessible by private property. It will be the contractor's responsibility to get permission from the landowners for access. Four (4) wheel drive vehicles are recommended in and around the project area. It will be the contractor’s responsibility to get any equipment and personnel to the work sites.

SPECIFIC TASKS:

Work Limits: Only the areas shown on the project maps are where the contractor is expected to spray myrtle spurge. We want 100% of the myrtle spurge to be sprayed within these areas. A colored dye will be required to be put into the herbicide mix so that we know what areas have been sprayed. Plants will be monitored after spraying to ensure an adequate kill rate before payments will be issued.

Work Description:

A. A project plan must be developed, presented and approved by the government before work can begin – herbicide, timing etc.

B. Herbicide labels must be adhered to at all times.

C. Spot spraying of 100 % of myrtle spurge located within project polygons is required so that each plant is at a minimum 70% covered in herbicide..

D. The contractor must minimize non-target impacts and soil disturbances.

E. The contractor must use a combination mixture of three different formulas.

Use 6 oz/gallon of Roundup Pro (Glyphosate), 1.9 oz/gallon of Plateau (Imazapic) or similar preemergent herbicide, 0.3 oz/gallon of LI 700 (Phosphatidylcholine, methylacetic acid and alkul polyoxyethylene ether), 0.5 oz/gallon Alligare 90 (Alkylpolyoxethylene, humectants), and purple or blue dye must be added so that the government can see what has been sprayed.

The amount of herbicide sprayed per acre will vary greatly depending on the density of plants per acre. It is the contractor's responsibility to estimate the amount needed based on their own inspection of myrtle spurge densities throughout the project.

F. GPS data, shapefile, or Google Earth KMZ. file polygon needs to be provided showing where myrtle spurge was found and sprayed. This does not need to be on the spray wand itself, but can just be tracked manually with GPS unit or Avenza map, etc. This information needs to be provided to the government before a payment will be issued.

G. The government will monitor the success of the herbicide application to kill the myrtle spurge. If a less than 80% kill rate is observed, the contractor must re-treat those areas. A reasonable amount of time will be given to let the herbicide take effect before determining the success rate.

H. The contractor must have at least two technicians with herbicide applicator licenses working at all times to complete this project on time. The contractor may have other non-licensed personnel assisting in transporting herbicide, identifying where plants are located, etc. but those mixing and applying the herbicide must have a herbicide applicator license and the contactor must provide proof of that personnel before the contract will be awarded.

I. Climate and temperatures must be taken into consideration to achieve the maximum amount of effectiveness. No spraying should be done if precipitation is expected within 24 hours after spraying. Spraying should only occur if daytime temperatures are above 60 degree and night time temperatures are above 40 degrees.

BIDDING:

Bids should be submitted on a per-acre basis. There will be a total of 353 acres.

GOVERNMENT FURNISHED PROPERTY:

The government will not furnish any equipment for this project. It will be the responsibility of the contractor to provide all the necessary equipment and personal protective gear to conduct the project safely.

CONTRACTOR FURNISHED EQUIPMENT:

Equipment Requirements:

Contractor will be required to provide all weed spray equipment to treat noxious weeds on the project. Contractors can use ATVs, UTVs, and spray trucks on existing roads and trails. Most spraying will have to be done on foot with backpack spray equipment. The contractor will purchase and supply all herbicides and chemicals.

The contractor will be responsible to provide his employees with adequate protective clothing (long pants and long sleeved shirts), closed shoes or boots, eye protection (sunglasses or goggles), and latex gloves and/or other gloves to protect the hands while handling herbicide. Crews will be inspected by the government to ensure that they are properly protected.

All state and federal laws must be adhered to. Work crews must have applicable herbicide applicators licenses and show those to the government prior to work beginning.

GPS, Avenza map, or other tracking equipment must be used to mark where spraying occurred. An accurate shapefile or Google Earth file polygons must be provided to the government at the end of the project to show where myrtle spurge was located within the project area and where it was sprayed.

The government will determine completed acres based on this information and on-the-ground inspection of sprayed 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 workmanship-like manner.

Surface Disturbance: 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. Machinery use such as all-terrain vehicles 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.

Tests for Uniformity: The Project Manager can make tests to determine the uniformity of the quality of work to ensure that all plants are sprayed within the project area. The project manager will have the right to require any improvements in order to meet the specifications outlined in the contract.

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. 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.

3. Use of 2-wheel and 4-wheel vehicles is permitted in the project areas. Off-road driving may be prohibited when soils are wet and rutting may occur or on federal lands off of approved roads.

4. 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 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 remain open to the private land 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.

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 CAMPS:

Work camps will not be allowed on this project. This project is close to a major city with lots of hotel options.

WORK HOURS:

Work hours may extend into darkness only when mutually agreed upon between the Contractor and the Project Manager and when the contractor’s are suitably outfitted with lighting sufficient to allow safe operation. Work may be done on Saturday, Sunday, 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. The State may also exercise excusable delay for a cause beyond their control and without fault or negligence of the State. 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. The meeting request shall state who should attend and the basis for the meeting. DNR/WRI statewide management staff as well as a representative from the State Attorney General’s office may be requested to attend to assist with dispute resolution between the Contractor and the Project Manager.

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 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 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. 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.

CONTRACT TIME:

Project Performance Time:

Work should be performed in consideration of weather conditions that maximize the effectiveness of the herbicide application, i.e., herbicide should not be applied below 60° F, close to precipitation events, or during windy conditions. The optimal application should also be performed before the myrtle spurge has begun seed production. The contractor is responsible for meeting the optimal application time within the dates specified. Work cannot begin until the snow has melted and no earlier than March 15, 2026. Work must begin before April 15, 2026. All work must be completed before June 15, 2026.

It is the Contractor’s sole responsibility to complete contract performance on time regardless of Contractor’s current work-load, 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 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.

INSPECTION:

Surveillance Plan: The Government will inspect completed acres to ensure that all myrtle spurge has been treated within the project area. The contractor will be required to return and spray any missed plants before an acre will be counted as complete. 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 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 notify the Contractor in writing within five business days of completing an inspection 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.

The Contractor shall rework acreages designated by the Government until satisfactory work quality is obtained.

PAYMENT:

One lump-sum final payment will be made for only 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. 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 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. Partial payment does not constitute final inspection approval.

WINTER STOPPAGE:

At the sole discretion of the State, 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 the amount of acres 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 price, nor does it excuse the State from paying Contractor for work completed to project specifications. Minor changes in locations or 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 to have 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 the number of acres greater than 10% of the original Project Description or (2) a change in the Project 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 total number of acres that remain unfinished. For example, the maximum payment authorized under a Major Change Order would be calculated as follows:

$100 per acre x (10% of 100 acres left unfinished) = $1,000 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 II – BID REQUIREMENTS/INFORMATION

SITE VISIT

There will be no pre-bid site visit. However, Contractors are strongly encourage to visit the site on their own to be sure of slopes, density of myrtle spurge, and other conditions and access to the site.

SHAPEFILES/MAPS

Maps and/or shapefiles are attached in the Buyer Attachments Section of this solicitation. If bidder needs additional maps/files, please specify the type in the Q&A Section of this solicitation. Maps are provided for informational purposes only.

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 total quantity of acres to show a total project price. Total project acres are calculated based on aerial imagery and GIS software and the contractor is responsible for knowing the project extents and make whatever adjustments for slope and account for this in their bids. Total completed acres will be measured by the project manager prior to payment. The total bid 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.

CONTRACT AWARD:

A contract will be awarded to the lowest responsive/responsible bidder who can meet the project start timelines and completion deadline.

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. A subcontractor 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 the successful bidder.

SECTION II – MAPS, DRAWINGS AND OTHER INFORMATION

Figure 1: Photo of Myrtle Spurge Figure 2. Maps are attached.