ATTACHMENT B SCOPE OF WORK

#FB27-100

PROJECT: Sagebrush Restoration Handplanting LOCATION: _Cedar City, UT______________

Introduction:

a. The Utah Division of Wildlife Resources (UDWR) and Bureau of Land Management (BLM) Color Country Field Office are seeking bids to furnish labor, equipment, supplies, and materials to plant container seedlings at an average spacing of 10’ x 10’ on approximately 296 acres.

b. This contract is a partnership between UDWR and BLM. UDWR is the issuing agency and the UDWR Contracting Representative will have the final say in any disagreements between any parties. For this contract the BLM has a Project Lead and will be responsible for most of the inspection of the contract.

SECTION I – PROJECT REQUIREMENTS

SITE SPECIFICS:

Location and Description: Work under this contract is located within 1 planting unit: Unit 1 (296 acres). The acreage in Unit 1 has been expanded to adjust for the presence of sagebrush stands and unplantable areas (Table 1). If additional planting area is required to fulfill approximately 296 acres, there is an additional 118 acres within Unit 1 that could be planted. The planting unit is on lands administered by the Bureau of Land Management, Cedar City Field Office in Utah within Iron County.

Table 1: Seedling Hand Planting Units and Specifications

Per Acre Quantity

129,000

*Total acres accounts for the number of acres within the project area for the planting unit but is not a measure of actual planting area acres within the unit. 296 actual acres are to be planted across Units 1 at a planting rate of 436 plants/acre (129,000 seedlings total).

Acreage: Minimum of 296 acres:

Access to the site: Standard Access: For this contract, standard access is defined as:

1) Passable with a 4-wheel drive vehicle.

2) Foot travel to the project area boundary is less than ¼ mile. The cost of standard access is to be included in the unit price.

3) Use of Vehicles Off-Road: If a vehicle is used off-road, it shall be of such design that it will travel over rough, uneven terrain and not create wheel ruts and channels. The vehicle must meet with the approval of the BLM Project Lead (acceptable spark arrestor, free of weed seeds, etc).

4) Use of Dirt Roads: Use of 4-wheel drive vehicles on existing dirt roads is permitted by the Government for the purpose of completing the planting contract.

SPECIFIC TASKS:

SPECIFIC TASKS

The work consists of planting approximately 129,000 seedlings at a spacing of 10’ x 10’ across approximately 436 acres in 1 identified planting unit.

The work consists of planting in low to high elevations.

DISTRIBUTION AND CARE OF SHRUB SEEDLINGS

a. Bare-root seedlings will be issued to the Contractor at Lucky Peak Federal Nursery unless otherwise specified. Unless prior arrangements can be made with Lucky Peak Federal Nursery, seedlings will be frozen or refrigerated at the time of pickup. While in possession of the contractor, seedlings shall be protected against damage to tops and roots, including damage from freezing, heating and drying. Contractor is responsible for ensuring appropriate transport and storage of seedlings, maintaining temperature range between 33ºF and 40ºF degrees. Any refrigerated transport required to meet specifications will be provided by the Contractor.

b. Seedling availability will be based on the work schedule submitted by the Contractor and agreed upon by the BLM Project Lead.

c. If inclement weather conditions indicate planting would not be allowed on the site, contractor will ensure that seedlings are properly stored during any time periods in which work is not occurring.

d. Seedlings may be transported in open pickups if fully covered with space blankets. Seedlings shall not be transported in heated vehicles.

e. Upon arrival at the planting site, seedlings shall be protected from direct sunlight, frost and wind, and provided with proper air circulation around the seedling containers. A space blanket covering shall be used for proper protection. The BLM Project Lead must approve the location and method of storage at the planting site.

f. The number of seedlings placed in a planting bag shall be limited to a number that allows the removal of individual seedlings without damage to the tops and roots.

g. During the planting operation, planters shall remove only one seedling at a time from the planting bag or container and only after the planting hole has been prepared.

h. When seedling culling or pruning is required, it shall only be performed under the direct supervision of the BLM Project Lead.

i. When dryness of roots, mold or other evidence of damage to seedlings is detected, the BLM Project Lead shall be notified immediately.

j. If inclement weather conditions, which could damage seedlings or interfere with proper planting, occur during the planting operation, the BLM Project Lead may suspend planting until conditions improve. Inclement weather conditions include freezing or high temperatures, drying winds, low humidity, and snowfall. When planting is suspended, any unused seedlings shall be returned to the storage point as directed by the BLM Project Lead.

Examples of inclement weather conditions include, but are not limited to:

1) The soil being frozen over ½ inch deep.

2) More than one inch of snow on the ground.

3) Air temperature is below 30 or above 65 degrees Fahrenheit.

4) Wind speeds, excluding occasional gusts, greater than 15 mph.

5) The soil is dry.

k. On a daily basis, or when a unit is completed or terminated, or as directed by the project inspector, all unused seedlings shall be returned to the storage point in a condition and manner that is approved by the BLM Project Lead.

l. Seedlings shall not be mistreated or mishandled in any manner. The BLM Project Lead will demonstrate proper care of seedlings. Bags or boxes of seedlings should not be tossed. Root plugs shall fit entirely within the planting hole before backfilling occurs, with the root collar or cotyledon scar flush with the existing soil.

m. Immediately upon removal from the nursery packages, the bare-root seedlings shall be soaked in water from their root collar to the tips of their roots for a minimum of two minutes. The water source for this must meet the approval of the COR. Soaked seedlings will be immediately placed into planting bags or other containers. Should seedling roots become dry while in planting bags or other containers, planting will stop until roots have been re-dipped in water. Mycorrhizal inoculum will be added to the water at the discretion of the COR. If Mycorrhizal inoculum is required, it will be provided as Government Furnished Property at the jobsite.

STANDARD PLANTING METHOD

A. The Standard Planting Method will be utilized for all planting sites.

B. Proper selection of the planting spot is important and clearing efforts will be required to prepare the spot for planting. Scalping/clearing will be done to the minimum extent necessary to ensure that no organic material, snow, or other debris will fall in the planting hole.

C. Where an unplantable spot is encountered, the planter shall plant in the closest plantable spot, however, average spacing of 10 feet between seedlings shall be maintained for the unit.

D. No seedling shall be planted closer than 5 feet (half the specified spacing distance) from naturally occurring shrubs already onsite.

E. Microsites will be utilized, either by placing the planting hole within an existing microsite, or by creating a microsite (if available).

WHERE TO PLANT

A. Plantable - Planters shall plant all areas, unless they meet one or more of the conditions defined under 2.17.B as unplantable.

B. Unplantable – An unplantable area (spot) is characterized by one or more of the following conditions:

C. Existing Microsite – If available within a reasonable distance (4’) of a normally spaced planting site (10’), planters will install plants within existing microsites. Existing microsites are structures which cast a shadow, and/or which eliminate or reduce soil evaporation. Examples include, but are not limited to, snags, stumps, downed logs or other woody debris, rocks. Microsite planting would occur adjacent to said feature, in a plantable spot, preferably occurring on the North or East side of the microsite.

D. Created Microsite -- If no existing microsite is present, one will be gathered and placed on the South or West side of the planted seedling. Created microsites will only be placed if a piece of material (rock, scrap of wood, log, or similar) with a minimum area of approximately 2”x2” or greater size is available within 3’ of the planting hole.

PLANTING SPOT PREPARATION

The planting spot may be exposed mineral soil or covered with vegetation, gravel or slash, which will require a clearing effort before planting. Clearing will include the removal of all debris, gravel, humus, ash and living vegetation. In areas or spots meeting the above conditions, cleared spots shall be equal to the depth of the condition requiring clearing (e.g., 12" slash equals a 12" diameter cleared spot). Cleared spots shall be no smaller than 8" in diameter. In all cases, the spot cleared must be large enough to prevent any surface debris from falling into the planting hole.

HAND SCALPING

When scalping all debris and vegetation, including surface roots shall be removed down to mineral soil using hand tools. Scalping shall be performed before seedlings are planted. Each scalp shall be a minimum of 8" in diameter, and after the seedling is planted there shall be a minimum radius of 4" of cleared space around the seedling.

SHRUB SEEDLING PLACEMENT

The seedling shall be suspended near the center of the planting hole with roots in a near natural arrangement at a depth that, after filling, packing, and leveling, the root collar is even with or slightly below the firmed soil level. No portion of the roots shall be exposed. “J” rooting will require replanting.

PLANTING HOLE

Contractor is responsible for properly planting with hand tools up to a depth of twelve inches for one-year-old bare-root stock. The planting hole must be wide enough to insure full suspension of root system.

SPECIFICATIONS FOR PROJECT AREAS

A. Shrub planting at 436 plants per acre, or 10’ spacing within the identified units and planted with the stock identified for each unit. Each of the units will be dependent on the availability of plants from the suppliers. The above unit acreages are not identified as contracted acreages, which are determined by the number of plants identified for a respective unit at a stocking rate of 436 plants/acre.

B. 1 year old sagebrush shrubs installed at 10’ spacing (436 plants/acre)

C. Alternate units may be identified for situations where the planting windows may have closed in the primary unit, or if weather or other incidents create access issues to the primary unit.

D. Units can be modified as the actual planting sites are laid out on the ground. Both number of units and size range could be modified.

E. Utah has very harsh sites with usually very limited planting windows. Planting windows commonly will last for as little as three (3) days on a site but have been known to last as long as three (3) weeks. It is also common for the sites in Utah to begin to open, allowing for planting to begin, and then close due to freezing conditions. Because of the potential short planting windows, it is imperative that the contractor begins work (identified by a Notice to Proceed for every unit) at first notification of the windows opening.

CONTRACTOR FURNISHED EQUIPMENT:

Equipment Requirements: Contractor shall furnish all labor, equipment, supervision, transportation, planting tools, materials, and containers for carrying seedlings during planting, space blankets, and water. The planting tools, materials, and containers for carrying seedlings during planting operations shall be of design normally used in tree or shrub planting work. Planting tools must be capable of opening a hole perpendicular to the ground surface, broken on 3 sides, and at least 8 inches (container stock) and 12 inches (bare-root stock) deep and 4 inches in diameter.

The Contractor shall provide seedling storage which shall maintain at a temperature between 33º and 40º Fahrenheit degrees. At no point shall stored bare-root seedlings exceed 40º Fahrenheit degrees or fall below 33º Fahrenheit degrees. At no point shall bare-root seedlings be allowed to refreeze. Contractor shall store bare-root seedlings in a controlled environment to ensure consistent temperature storage between 33º and 40º Fahrenheit degrees.

GOVERNMENT FURNISHED PROPERTY:

a. Seedlings of the age class and species of stock to be planted for each location under this contract are 1 year old bare-root. Bare-root seedlings have roots generally 8-10” long. Above-ground portions of bare-root seedlings have a maximum height of 10”. Bare-root seedlings are generally packed 500-1000/box, with box dimensions of 14” x 12” x 36”.

b. The BLM will furnish seedlings from Lucky Peak Federal Nursery in Boise, ID. Contractor will pick up bare-root seedlings from Lucky Peak Federal Nursery. Plant pickup from Lucky Peak will need to be coordinated with the BLM Project Inspector. The BLM Project Inspector will provide written instruction to Lucky Peak personnel to release seedlings in an identified quantity to the contractor. The contractor will be provided with a copy of that written direction and will need to have it in-hand at the time of seedling pickup. Contractor will be responsible for transporting bare-root seedlings to planting units and coordinating with BLM Project Inspector.

c. Work is contingent on the number of seedlings provided by Lucky Peak Federal Nursery. If a grower has an unforeseen issue and is unable to provide the needed number of seedlings at time of planting the BLM Project Inspector will determine the reduced planting area. The UDWR Contracting Representative will be contacted if this reduction of planting acres occurs.

D. The Contractor shall reimburse the Government for all lost, wasted, or damaged Government-furnished material.

Found Equipment: Should any of the Contractor's personnel find equipment on a project area, it is their duty to report the discovery to the Project Inspector. It will be the Project Inspector's responsibility to return any such equipment to the proper facility. Any U.S. Government property found on the project area (i.e., fire hose, hand tools, etc.) is the property of the U.S. Government.

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.

CREW REQUIREMENTS

b. The Contractor shall maintain an adequate work force at all times to insure timely completion of the work.

c. At the pre-work conference and on a weekly basis thereafter, for the duration of the contract, the Contractor shall provide a work schedule, which must be acceptable to the Government.

d. The operation contained in this contract requires a crew size sufficient for timely completion. It shall be the Contractor's responsibility to provide multiple crews as necessary.

e. The Contractor shall obtain written authorization from the Project Inspector prior to camping on BLM administered lands.

f. If Contractor supplies more than one planting crew, they shall stay together on the same unit.

SUPERVISORS

a. The contractor shall designate one English-literate, non-planting 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. The supervisor shall be knowledgeable and experienced in container seedling planting and supervision, shall be provided for each crew and is required to stay with the crew while planting is in progress. No more than twelve planters are to be supervised by one non-planting supervisor.

b. 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.

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

d. The supervisor shall insure proper seedling care, handling, and planting. Should the supervisor fail to adequately perform these duties, the Government has the right to request a substitution. Persons designated by the Contractor as supervisors must perform in that capacity. The supervisor must therefore effectively direct the crew by:

This person shall be capable of speaking and reading English well enough to ensure effective communications with the Project Inspector. Any group of people without such an individual will not be considered a crew. Any changes in supervisory designations must be submitted in writing to the BLM Project Lead at least 24 hours prior to the change taking effect.

e. The Contractor is fully responsible for the proper planting of the seedlings by the crew(s). The Project Inspector and BLM Project Lead will not act as a supervisor to the crews. The project inspector and BLM Project Lead’s role is to ensure compliance to the contract.

f. The planting crew(s) shall know the requirements of the contract, including, but not limited to, unit location, seedling care, proper planting, spacing, scalping, and clearing.

g. Crews must be kept together at all times, working as a crew under control of a supervisor rather than as individuals in separate areas. Prior notice must be given to the BLM Project Lead if there is to be a significant change in crew personnel or working schedule.

h. The planter at the end of the planting line may be required to flag the line with Contractor-furnished flagging that meets the approval of the Government.

CONTRACT TIME – Estimated start work date is October 14, 2026, and continue to December 1, 2026.

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 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

Shapefiles, Avenza-ready PDFs, and KML/KMZ files are provided with the bid package.

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:

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 per-acre price. The per-acre price will be extended based on the number of acres to show a total project price. 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.

CONTRACT 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:

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.

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.

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 is 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.

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.

WORK CAMPS:

Work camps may be established only in locations authorized in advance by the Project Manager in coordination with the Government. Should such a camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. Upon vacating a camp and before 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 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, 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. 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:

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

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 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 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.

A. Inspection

1) Sample plots will be taken throughout each payment item to obtain a representative sample of the work.

2) The Project Inspector will mark a 1/20th acre plot (or otherwise appropriately sized respective to planting unit and project objectives) to be used to measure adequacy of spacing and quality of planting. Number of plots per acre will be determined by the BLM Project Lead and inspection plan details will be discussed with the Contractor during the pre-work meeting. 1 plot for every 10 acres may be established, with a minimum sampling of 2 plots per unit.

B. The number of seedlings planted within each plot will be recorded.

C. Each plot will be examined for compliance with the specifications. Specific items include:

1) Above Ground Inspection

j) Plastic containers / other material left on site

2) Below Ground Inspection

3) Seedling damage shall include, but will not be limited to, scraped cambium tissue and broken leaders or roots.

ADMINISTRATIVE SURVEYS:

A. Administrative surveys will be performed across planting rows at constant intervals to obtain a representative sample of each planter's planting quality and spacing. Adequacy of spacing will be determined by the presence or absence of seedlings on individual plots and/or actual spacing measurements between planted seedlings.

B. If quality of planting or spacing is found deficient on these surveys, the Contractor or his authorized representative will be instructed to take immediate action to correct these deficiencies, which may include replanting of unacceptable areas.

C. Contractor Inspections

1) The Contractor shall provide and maintain an inspection system acceptable to the Government.

2) If plots are taken during inspection, each plot center shall be flagged or otherwise marked and numbered in sequence.

3) Payment will be based on the Government’s inspection results. The Contractor’s inspection results are to be used as a guide for the Contractor’s use in complying with contract specifications and not as a basis for payment.

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 the completion 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 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.

6/22/2026