3-Attachment B Scope of Work.pdf

Attachment B Scope of Work

Bid#JH27-119

CRO Shrub Planting East Fall FY 2026 PROJECT: CRO Shrub Planting East Fall 2026

LOCATION: Located at multiple locations across central Utah

Introduction

Utah Division of Wildlife Resources (DWR) is acquiring services in this contract to improve wildlife habitat by planting 35,500 shrubs to improve winter range for big game and other wildlife. This task order includes the Contractor to furnish labor, supervision, transportation, operating supplies, and incidentals.

SECTION I – CONTRACT REQUIREMENTS

Site Specifics

• Location and Description: This project is to plant 35,500 shrub seedlings. The seedlings are grown in PL-50 pots that measure 2.5 inches wide by 6 inches deep. The shrubs for the Spencer Fork location also have VEXAR mesh protectors surrounding them. The project is located at several different sites across central Utah listed below. Use the coordinates to find the exact planting sites.

Planting Locations:

• Santaquin WMA (near Santaquin, UT): 16,500 seedlings | Coordinates: 39.911170, - 111.813921

• Sheepcreek (near Spanish Fork, UT): 15,000 seedlings | Coordinates: 39.985197, - 111.337971

• Spencer Fork WMA (near Birdseye, UT): 4,000 seedlings | Coordinates: 39.81327, - 111.51773

• Total Shrub Seedlings: 35,500

For specific locations, see attached KMZ Google Earth files.

• Access to the Sites: Access onto the project sites is provided by a combination of paved highways, county dirt surface roads, and jeep trails. Four-wheel drive (4WD) 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

The contractor will be expected to plant 35,500 shrub seedlings. The seedlings are grown in 2.5 inches by 6 inch trays. The shrubs for the Spencer Fork location also have VEXAR mesh protectors surrounding them (See Figure 1).

The contractor will need to create a hole in the ground at least 6 inches in depth, remove the plant from the tray, and plant the seedling with the Vexar tubing still attached (if applicable) in the hole so that the entire root wad and soil are in the ground and the top of the root wad is level with the ground. Each plant will need to be standing vertically and have soil packed around the root base so that it is stable in the ground and will not fall over.

In order to dig the hole, it is recommended that the contractor use a hand-held gas or machine-driven hydraulic earth auger, on a skid steer or tractor, with a bit size of 2.5 to 3.5 inches and that has enough power to dig through rocky or frozen soils to a depth of at least 6 inches. Some sites will be rockier than others and more difficult to dig in. Shovels, picks, and whatever other hand tools the contractor would like to use can also be used, but machine-powered augers are highly recommended.

At most of the sites, a dozer will have cleared the top layer of sod to remove grass competition along a scalped row. The contractor must plant the holes 5 feet apart within these scalped rows.

No equipment will be provided by the government. It will be the responsibility of the contractor to provide all necessary equipment to complete the work specified in this contract.

• Work Limits: The Project Manager will provide the Contractor with a Notice to Proceed prior to the estimated start date if site conditions are suitable to initiate work. Upon receiving the Notice to Proceed, the Contractor shall promptly enter the project area, locate planting locations, and begin planting.

Contractor-Furnished Equipment

• Equipment Requirements: The contractor will be responsible for providing all equipment necessary to complete the task specified in this contract, including fuel, augers, shovels, etc. They will be responsible for providing employees with adequate clothing and all safety equipment. Ear and eye protection will be required when working around machinery. The contractor will be responsible for providing all safety equipment.

• Seedling Pickup & Return: It will be the responsibility of the contractor to pick up seedlings from the nursery and deliver them to each job site. The seedlings will be located either at a nursery in Heber, UT or Springville, UT. The contractor will also be responsible for returning the empty trays to the nursery where they were picked up after the plants are planted.

Government-Furnished Property

The government will provide no equipment.

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 workman-like manner.

• Tests for Uniformity: The Project Manager can make tests to determine the uniformity of the quality of plantings. The project manager will have the right to require any improvements to the plantings 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. They will be responsible for returning empty plant trays to the nursery.

2. 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.

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

4. Hazardous Materials:

o 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, Safety Data Sheets (SDS) on hand and use of necessary Personal Protective Equipment (PPE).

o 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.

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

o 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 private land. 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 protection of equipment and is solely responsible if the equipment is lost, stolen, or damaged.

Crew Supervision

1. A person designated by the Contractor as supervisor must remain with and effectively direct the crew by:

o Making periodic inspections of the crew's work.

o Advising them as to improper work methods.

o Providing instructions for correcting any improper work methods encountered.

2. Emergency transportation will be always provided by the Contractor.

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 camp and prior to final payment, the Contractor shall remove all refuse and other signs of occupancy to the project manager's satisfaction.

Work Hours

Work hours under this contract shall be limited to between one-half hours before sunrise to one-half hour after sunset each day. Work hours may extend into darkness only when the contractors are suitably outfitted with 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 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.

9. Unusually severe weather.

In each instance, the failure to perform must be beyond 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:

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 people 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-II) (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: The contractor must start planting on October 20, 2026.

They must have all plants planted before November 20, 2026. It is the Contractor's sole responsibility to complete contract performance on time regardless of 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 subcontracting 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 work 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:

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

Project Manager.

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

3. Deficiencies: The Contractor shall correct deficiencies, and project areas will be reinspected 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 suspended work order to resolve the problem, during which time contract time will continue to run.

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

Payment

One lump sum final payment will be made for the actual number of seedlings planted 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. 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.

Change Orders

• Minor Change Order: If the State determines that a change in the Scope of Work is necessary, they may modify the number of seedlings to be planted by up to 10% of the originally proposed number of 15,000 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 bid price, nor does it excuse the State from paying Contractor for work completed to project specifications. When possible, a Minor Change Order should be implemented so as 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 seedlings to be planted greater than 10% of the original Project Description.

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 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-plant planting unit bid price, and multiplying that figure by 10% of the total number of planting units that remain unfinished.

Formula Example:

$100 per planting unit × (10% of 100 planting units 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.

Site Visit

Mandatory 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.

SECTION II – BID REQUIREMENTS / INFORMATION

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 U3P/Bonfire. There are no exceptions to this. Questions asked at the site visit, and subsequent answers, will be recorded and posted on U3P/Bonfire so that all potential bidders can review questions and answers.

Bidding

This contract will be bid on a per-planting unit price. Each seedling planted to the specifications outlined in this contract will constitute a planting unit. The per-planting unit price will be extended based on the total quantity of planting units to show a total project price. Total completed planting units 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.

References

There will be no references required for this bid or prior experience.

Equipment

It will be the responsibility of the contractor to ensure that their equipment can perform the tasks outlined in this project. All equipment necessary to perform tasks outlined in this contract must be provided by contractor.

Contract Award

A contract will be awarded to the lowest responsive/responsible bidder who meets any 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. 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 III – MAPS, DRAWINGS AND OTHER INFORMATION

Figure 1: [Image Alt-Text: A foreground photo showing a white, diamond-patterned VEXAR mesh tube protector placed over a shrub seedling planted in dark soil in an open field. In the background, several workers are spaced out across a dry, grassy field near foothills, carrying planting tools and seedlings.]

SECTION III – MAPS, DRAWINGS AND OTHER INFORMATION