ATTACHMENT B SCOPE OF WORK

#AS27-109

PROJECT: Peters Point Fuels Reduction Project LOCATION: Monticello Utah

PRE-QUALIFICATION:

Pursuant to the Utah Procurement Code, participation in this is limited to pre-qualified contractors only. Bids or quotes submitted by a non-prequalified contractor will not be considered.

Introduction: Utah Division of Wildlife Resources (DWR), in cooperation with the United States Forest Service (USFS) is acquiring services in this contract to provide for services related to mechanical removal/shredding of live and dead vegetation. The overall intent is to remove vegetation on 844 acres to improve the health and vigor of shrub and understory vegetation for wildlife habitat improvement, watershed protection, and fuel reduction. The Peters Point Fuels Reduction Project needs 95% or greater mechanical mastication to 3 individual units, with the primary targeted vegetation type being Western Juniper (Juniperus occidentalis) and Colorado Pinyon Pine (Pinus edulis), serviceberry (Amelanchiers) and other shrubs. Sagebrush (Artemisia) will be a non-targeted fuel type and will be left untreated.

A wheeled or tracked mechanical mulcher/shredder/masticator will be necessary for this task. This task order includes the contractor to furnish labor, equipment, supervision, transportation, operating supplies, and incidentals to clear project areas up to approximately 844 acres as identified on attached site map.

SECTION I – PROJECT REQUIREMENTS

SITE SPECIFICS:

Location and Description: The work under this contract is located in the Abajo Mountains area of San Juan County approximately 7 miles northwest of Monticello, Utah: T32S, R23E, sec 28,29, 32, 33, and 34. The area is accesses via Highway 191 and taking the Peters Point Road located 6 miles north of Monticello Utah. Project is approximately 1.5 west of highway 191. Elevations range from 6.900 to 7,400 feet within the project site.

Slopes range from flat to 25% with most of the project being less than 10%. The treatment site consists of 3 individual units at 844 total treated and contracted acres. The units total 907 acres of surface area with a reduction of 63 acres of untreated polygons within the three treatment polygons (see maps). More than 60% of the treatment area lies within an old chaining that was completed 50+ years ago. The treatment boundaries will not be flagged and must be located by GPS. The work location is shown on the general location and site maps. The goal of the project is to reduce the continuity of vegetative fuels associated with fire hazard to reduce the chances of severe, stand-replacing wildland fire in this area to improve habitat for big game (mule deer and elk) and other wildlife.

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

SPECIFIC TASKS:

· Work Sequence: Mechanical cutting shall be performed in an organized systematic manner as determined in the pre-work conference. Cutting with scattered crews/equipment within or between project areas shall not be permitted except were authorized by the COR.

· GPS Capability: Work in this contract requires the contractor to have GPS capable tablets to identify treatment areas, leave islands and/or project boundaries. GPS equipment must have an accuracy of +/- 5 meters and be capable of accessing georeferenced PDF maps. The government will provide georeferenced PDF with unit boundaries overlayed a topographic map electronically (via email or at the prework meeting) to the contractor which will identify treatment unit boundaries and leave islands within the project area boundary. It is the responsibility of the contractor to upload the georeferenced PDF map to the GPS capable tablet and provide any technical support for problems with the contractor owned equipment.

· Cutting: Remove 95% or greater Green and dead Juniper (Cedar) and green and dead pinyon trees up to 12 inches measured at the root collar (DRC) within the unit boundaries shall be completely severed from the stump(s). No live or dead limbs shall be left on the stump of cut trees. Stump height shall not exceed 6 inches measured on the uphill side. All main branches or stems shall be cut from the trunk of the tree unless otherwise identified by the COR or PI.

· Shredding: All existing dead slash on site shall be mechanically shredded. All green and dead slash throughout the treatment area shall not exceed a fuel bed depth of 6 inches measured from the soil and pieces no greater than 3 feet in length.

· Bucking and Piling: Not Required Leave Trees/islands: Leave islands of vegetation have been identified and will be flagged or identified through a shapefile or pdf georeferenced map prior to implementation. In addition, all conifers not identified as pinyon or juniper shall be designated as leave trees. Additional islands not to be treated may be identified throughout the treatment units as implementation progresses. All pinyon-juniper trees greater than 12 inches at the root collar will be left and not masticated/mulched.

CONTRACTOR FURNISHED EQUIPMENT:

Equipment Requirements: At least one (preferably multiple), mobile, tracked or wheeled, hydraulically or PTO driven, mechanical mulcher/shredder shall be furnished on a fully operational basis, with a competent, fully-qualified operator for each machine and shall be capable of mulching/shredding live trees up to sixteen inches in diameter at six inches above ground level measured on the uphill side. The equipment shall be capable of completing work on slopes of up to 35%. Equipment shall be washed with a high-pressure system before entering and exiting project lands. All soil and plant parts shall be removed to prevent the spread of noxious weeds in and out of the project area.

Contractors shall furnish two (2) warning signs to be placed on roadside entrance of work area. Signs shall be a minimum of three (3) feet by three (3) feet in dimension and shall warn of the possibility of flying debris.

The minimum number of machines and operators are expected to be available when the Contractor first responds to the Notice to Proceed and remain onsite during the remainder of the project. Deviations from this expectation require prior written approval of the Project Manager.

Work in this contract requires the contractor to have GPS capable tablets to identify treatment areas, leave islands and/or project boundaries. GPS equipment must have an accuracy of +/- 5 meters and be capable of accepting/uploading shapefiles or track logs. The government will provide georeferenced PDF maps with unit boundaries overlayed topographical maps electronically (via email or at the pre-work meeting) to the contractor which will identify treatment unit boundaries and leave islands within the project area boundary. It is the responsibility of the contractor to upload the maps to an appropriate application and provide any technical support for problems with the contractor owned equipment.

GOVERNMENT FURNISHED PROPERTY:

No Government property shall be furnished on this project.

EQUIPMENT AND WORKMANSHIP:

All equipment and/or materials incorporated into the work covered by this contract shall be of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. All work under this contract shall be performed in a skillful and workmanlike manner. The State may require, in writing, that the contractor remove from the work any employee deemed by the State to be incompetent, careless, or otherwise objectionable.

Surface Conditions: Mulching shall not occur under conditions that prevent the proper operation of equipment. These conditions include snow, frozen ground or when the soil exceeds 15% moisture content. When such conditions are encountered, the Contractor shall stop work and notify the Government.

Surface Disturbance: Public or private access roads damaged by the Contractor shall be restored at the Contractors expense to the same condition they were in at the commencement of work. Equipment and vehicles must not be operated or driven outside of the flagged boundaries except on identified roads or trails. All-terrain vehicles may be used within project areas as long as vehicle use does not create a visible trail. Machine use 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 Inspector can conduct tests to determine the uniformity of the mastication/mulching operation.

CONTRACT TIME:

Project Performance Time: 120 calendar days from the official Notice-to-Proceed (NTP) Work may only be conducted while snow depths are less than 6”. This will likely limit work done in winter months.

Extended performance window: An extended window may be negotiated due to unusually severe weather conditions prohibiting work.

This may delay approving units which will delay payment. It is to the benefit of the contractor to start work as soon as possible.

The Contractor shall not begin work without arrangements approved with the project manager.

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 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. If the Government determines that a time extension is allowable, the Government and Contractor may negotiate a reduced per-acre completion price to finish the Scope of Work in lieu of cancelling the remainder of the uncompleted acreage. This option in no way restricts the Government’s authority to terminate the Agreement at the end of its term regardless of whether acreage remains uncompleted.

SECTION II – BID REQUIREMENTS/INFORMATION

SITE VISIT:

There will be no site visit for this project, it is strongly recommended that each potential bidder ensure that he/she has a complete understanding of the requirements of this project. Bidders are urged to inspect the site where services are to be performed and determine 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:

Only questions specific to the site should be asked at the site visit (if held). 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. Total treated area for contract is 844 acres. The per-acre price will be extended based on the quantity of acres to show a total project price. Acreage will be measured using GIS technology on a flat plane. No adjustments will be made for slope. The total price shall include all labor, equipment, and materials necessary to complete the job, which includes all mobilization and operating costs. There will be no fuel surcharges or adjustments negotiated.

REFERENCES:

Bidding on this project is limited to pre-qualified contractors. Therefore, reference information does not need to be submitted with the bid.

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. Clean-Up: 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. Access: Public or private access roads and fences damaged by the Contractor shall be restored at the Contractors expense to the same condition they were in at the commencement of work.

3. Motor Vehicle Use: 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.

4. Noxious Weeds: Before coming on site initially, all contractor-furnished trucks and other vehicles must be washed to remove all dirt, debris, and plant material that could result in the transfer of noxious weeds. This must be verified by the project inspector prior to unloading equipment. Vehicles must be washed any time they are used on a different project before being brought back into the project area.

5. Elevation: The project areas elevations are approximately above 7,000 feet. Roads are typically passable throughout the period of performance but can receive enough snow or rain to make travel impossible.

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. Contractor shall take appropriate preventive measures to ensure that any spill of oil or equipment related products does not enter any stream or within 50 feet of any riparian area. Contractor shall notify the project inspector of all reportable spills of oil, fuel or other equipment related products on or in the vicinity of the project area that are caused by the contractor’s employees, agents, subcontractors or their employees or agents, directly or indirectly, because of contractor’s operations. Contractor will take whatever initial action may be safely accomplished to contain all spills. In addition, if fuel storage for the equipment will occur at the camp site location, a spill/containment kit must be utilized with all refueling or fuel transfer operations.

D. Incidental (de minimus) leaks from fittings, gaskets or ruptured hoses will not be 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.

E. 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:

1. Public safety is the top priority for this project. It is the contractor’s responsibility to provide for traffic control needs on roads during operations, including road guards and signs.

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

1. Access into the project sites is restricted to vehicle, ATV/UTV, and/or walking over USFS lands (see unit maps).

1. Machines will be able to cross drainages provided there is no water in the drainage, and it is not located within the spring exclusion areas.

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. Contractor shall always maintain an adequate workforce to ensure timely completion of the work.

2. Contractor shall designate one English literate 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 prior to the change taking effect.

3. Person designated by the Contractor, as supervisor must remain with and effectively directs the crew by (1) making periodic inspections of the crew’s work, (2) advising them as to improper work methods, (3) providing instructions for correcting any improper work methods encountered.

4. Emergency transportation will be provided by the Contractor at all times. Crew members shall not be allowed to work alone.

WORK CAMPS:

Work camps may be established only in locations authorized in advance by the U.S. Forest Service contract representative. Should such a camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. Upon the direction of the U.S. Forest Service representative, sanitation facilities such as portable toilets and wash stations may be required with each work camp. Upon vacating a camp and prior to the final payment, the Contractor shall remove all refuse and other signs of occupancy to the satisfaction of the Project Inspector.

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.

At the discretion of the State and U.S. Forest Service, during times of High-Extreme Fire danger the contractor may be required to stop work or limit work hours until conditions drop back to desired levels.

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

PROJECT MEETINGS:

Pre-work Conference:

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

1. Hoot hours and General Shutdown. During Fire Season (June 1- September 30) the Contractor will follow the Manti La Sal Project Activity Level (PALS) Fire Plan. The fire plan shall also species additional measures and/or special requirements, necessary during periods of critical fire weather conditions.

a. Based on Project Activity Levels the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

i. All high fire risk operations could be terminated at 1300 local time.

ii. Fireguard may be required for a period of 1-hour after high fire risk operations and 1-hour after end of work shift. The Contractor shall provide the fireguard.

iii. General shutdown of all activities.

2. Manti La Sal National Forest Fire Plan. Contractors working on the Manti–La Sal National Forest must follow the daily Project Activity Levels (PALs) during fire season. June 1 – September 30.

a. Contractor is responsible for checking and following PALS daily. PALs are set by looking at the public fire danger level (Low to Extreme) and checking whether a Red Flag Warning is in effect. These factors determine the minimum requirements and restrictions for operators. PAL updates are posted daily at 16:00 on the Moab Interagency Fire Center (MIFC) and Richfield Interagency Fire Center (RIFC) dispatch sites for the next day’s operational planning.

b. Fire Guard. A Fire Guard is a trained person responsible for preventing, detecting, and responding to fires during operations using engines or power tools.

i. This person must understand how to work within Project Activity Levels.

ii. This person must stay on site at least one hour after shutdown (recommended longer).

iii. This person must be able to contact and communicate with local interagency fire dispatch centers in the event of a wildfire.

c. Hoot Owl Hours. During Hoot Owl hours specified operations are not allowed between the hours of 13:00 and 20:00. Work is allowed to resume starting at 20:00 to 13:00 the next day depending on PALS update at 16:00. Hoot Owl hours for specific operations will be implemented at PALS levels C and D.

d. PAL Restrictions. For specific environmental crosswalk and associated daily PAL restrictions see table below:

Minimum Requirements and Restrictions

Other operations including chain saws, masticators, cable yarding, etc, may continue to operate all day.

EXTREME

Forest closed.

The Contractor will notify the Forest Service (FS) of any fires and comply with all rules and regulations administered by the FS concerning the use, prevention, and suppression of fires on federal lands, including any fire prevention orders that may be in effect at the time of the permitted activity. The Contractor may be held liable for the cost of fire suppression, stabilization, and rehabilitation. In the event of a fire, personal safety will be the first priority of the Contractor. The Contractor will:

1. Operate all internal and external combustion engines on federally managed lands per 36 CFR261.52, which required all such engines to be equipped with a qualified spark arrester that is maintained and not modified.

2. Carry (1) hand tool (Shovel, Pulaski, or Mcleod) and fire extinguisher that is rated at a minimum of ABC – 10 pounds. on all equipment and vehicles.

3. Initiate fire suppressions actions in the work area to prevent fire spread to or on federally administered lands. If a fire spreads beyond the capability of workers with the stipulated tools, all will cease fire suppression action and leave the area immediately via pre identified escape routes.

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.

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.

SECTION IV – MAPS

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