Red Cliffs Fire Prevention Herbicide Application Phase II Statement of Work

NC26-50-1

SECTION I – PROJECT REQUIREMENTS

A. INTRODUCTION

This winter (2025-2026), Washington County Habitat Conservation Plan (HCP), Bureau of Land Management (BLM), and other local management partners are working with the Utah Division of Wildlife Resources (UDWR) to implement an herbicide treatment project, with funds secured from the state’s Watershed Restoration Initiative (WRI) grant.

B. DESCRIPTION OF WORK:

Aerial Herbicide Treatment:

The awarded aerial contractor will complete herbicide treatments on approximately 1,300 acres of lands managed by: BLM, Snow Canyon State Park, UDWR, Utah Trust Lands Administration (TLA), St. George City, Hurricane City, and Washington County.

The identified treatment areas will serve the following objectives:

1. To reduce proliferation of a variety of invasive annual species along strategic corridors to bolster these areas as fuel breaks.

2. To strategically target medium to high-density infestations of invasive Sahara mustard (Brassica tournefortii).

Treatments with chemical shall only be applied on those days when weather permits as per label instructions. Treatments will be tracked with a GPS device and route/track data will be provided to the UDWR within five (5) days, to ensure that the areas are covered adequately. Payment will be based on actual acres treated and verified by acres tracked via GPS. Application of liquid herbicide will be measured and paid for by the number of acres treated to the nearest acre.

Contractor will work with the local managers to determine best area to start and progress through the project area. Payment will be based on actual acres treated and mapped. Actual acres as evidenced by the GIS data and tracking provided by the contractor, with option to add acres at the quoted price per acre at any point prior to contract completion (if within treatment window) based on funding availability and if it fits with in the contractors work time frame.

Although the total treatment acreage is not expected to change significantly between now and the time treatments begin, there may be some minor changes to specific treatment areas. Local managers will provide updated maps/shapefiles before treatments begin if there are any minor changes to treatment polygons.

C. LOCATION

All treatment areas are within or adjacent to the Red Cliffs Desert Reserve (RCDR) and Red Cliffs National Conservation Area (NCA). The majority of treatments will occur immediately adjacent to primary roads (i.e., SR-18, Red Hills Parkway, Cottonwood Springs Road) and controlled-access dirt utility roads and right-of-ways (ROWs). Additional treatments areas are in remote areas of the RCDR/NCA where vehicle use is not possible.

All treatment sites are just north of the City of St. George, in Washington County, Utah (see Treatment Area/Overview Map below).

D. ACCESS TO THE WORK

Many of the work areas can be accessed from paved, state-maintained roads. Other areas are accessible by dirt roads/trails and/or foot travel. The contractor should be aware that the RCDR/NCA contains critical habitat for the Mojave desert tortoise and other sensitive species, and therefore off-road motorized vehicle access will not be possible unless prior approval is granted by local managers.

The awarded contractor should schedule a site visit with UDWR before treatments begin. The UDWR project representative may coordinate with other local project partners with on-the-ground knowledge of access, avoidance areas such as powerlines, and additional considerations.

Availability and anticipated timelines for this project should be communicated ASAP upon being awarded the contract. Work is to commence as soon as possible following the awarding of the contract beginning no later than February 10th and must be completed by February 28th, 2026. Since there are popular non-motorized trails near the project area, local managers will need ample time to notify the public in advance.

E. CERTIFICATION

Contractor shall furnish UDWR with a copy of their current Utah Commercial Pesticide Applicator License. Any employees who mix or apply chemicals shall be adequately covered by a certified herbicide applicators license valid in the State of Utah. This license must be supplied to UDWR prior to starting work on the contract.

F. WORK TIMING AND GEOGRAPHICAL LIMITS

Work would begin when the contract is accepted by the Contractor and Notice to Proceed is given by UDWR which shall not be later than February 10, 2026. Work must be completed by February 28, 2026.

G. CONTRACTOR-FURNISHED ITEMS

All personnel, materials, and equipment required to complete the project other than those Government provided materials listed below. This includes all equipment for the aerial application of herbicide at the specified rates, vehicles, fuel, water, and any other associated tools and equipment.

H. GOVERNMENT-FURNISHED MATERIALS

The Washington County Noxious Weeds Manager shall provide all herbicide necessary for the project. The contractor shall call ahead 24 hours prior to material arrange pick up of materials. No pickup on holidays.

I. METHOD OF TREATMENT

The following areas have been identified for aerial treatment with a tank mix of Rejuvra (6 oz/acre) and Panoramic (8 oz/acre), plus the adjuvant Zandar. In total, these areas encompass approximately 579 acres:

· SR-18 south: two 100-meter wide treatment strips on each side of the ROW

· SR-18 north: one 100-meter wide treatment strip on the west side of the ROW

· Red Hills Parkway: two 100-meter wide treatment strips on either side of the ROW

· Pioneer Park loop road: one 100-meter wide treatment strip on the north side of this roadway

· An 80-meter wide treatment scrip along the burn scar boundary adjacent to Twist Hollow Wash between Cottonwood Springs Road and SR-18.

The following area has been identified for aerial treatment with a tank mix of Rejuvra (6 oz/acre), plus the adjuvant Zandar (no Panoramic). In total, this area encompasses approximately 565 acres:

· Cottonwood Springs Road: two 100-meter wide treatment strips on each side of the ROW (some areas have been excluded)

The following areas have been identified for aerial treatment with a tank mix of Rejuvra (4 oz/acre), Panoramic (6 oz/acre), plus the adjuvant Zandar. In total, these areas encompass between 132 and 150 acres:

· Middleton Waterline utility road: two 50-meter wide treatment strips on each side of the roadway

· T-Bone Trail/utility road: One 50-meter wide treatment strip adjacent to the roadway

· Twist Hollow Wash: One 40-meter wide treatment strip north of the wash along south-facing slope

· Strategic treatment polygons at the following areas:

· Snow Canyon State Park near Black Rocks and Cougar Cliffs climbing areas (east of SR-18)

· Rusty Cliffs area between Red Hills Parkway and Twist Hollow Wash

J. HERBICIDE METHOD

1. All herbicide applications will be in accordance with the product label, 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. Only the following herbicides are allowed for use: Rejuvra (indaziflam), Panoramic (imazapic). See attached maps and Section J above for area-specific application rate.

3. Adjuvants: Zandar may be used with chemicals requiring adjuvants and in conjunction with label directions. Other products may be approved, added and presented during pre-work meeting.

4. Product substitutions: No substitutions or replacements of herbicides, adjuvants, or dyes are allowed without prior written approval.

5. Equipment/Spray Nozzles: Spray rigs shall be equipped with nozzles capable of uniform distribution at the specified rate. Mixing Equipment: Contractor shall furnish the agitator and mixing tank for mixing treatment material. The treatment material shall be mixed according to the label and in a safe and knowledgeable manner. It can be mixed on site as needed. Water sources will be arranged for by the Contractor.

6. Environmental Conditions: Application of treatment chemicals shall not be done when the wind velocity exceeds 6 miles per hour. Contractor shall be responsible for timing herbicide application to ensure application adequate moisture is present for herbicide activation. Herbicides shall not be applied when ground is frozen. Spraying operations will be permitted only during daylight hours. The contractor is responsible for ensuring that the application of herbicide meets all label specifications. The contractor shall be responsible for cleanup of accidental spills, following proper handling and storage precautions, and ensuring proper exposure control and personal protection is proved as defined by the herbicide label and Safety Data Sheets.

7. Transportation of Herbicide: The Contractor shall load and transport herbicide from the Contractor's home base to the work site and between sites according to all applicable laws and regulations. The contractor is responsible for the transportation and storage of the supplies (including water) and equipment used for the project. Upon completion of the work or termination of the contract, all unused herbicides shall be returned by the Contractor to the Washington County Noxious Weeds Manager. Disposal of all used containers and other materials shall be done according to the label and local laws and regulations.

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

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.

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.

EQUIPMENT:

Bidders must provide the make and model of UAS 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.

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:

1. 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.

2. 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 is 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.

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:

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. Request shall state who should attend.

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 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.

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 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.

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.

SECTION IV – MAPS, DRAWINGS AND OTHER INFORMATION

DOCUMENTS INCORPORATED BY REFERENCE:

Figure 1: Treatment Area/Overview Map

Figure 2: Polygons Identified For Aerial Herbicide Treatments image1.jpeg image2.jpeg