5-Attachment B Scope of Work.docx

Attachment B: Scope of Work Bid #JH26-10

PROJECT: North Hills Herbicide Application LOCATION: Work under this contract is on the North Hills Invasive Annual Grass Control Project (320 acres) is located 11 miles south of Minersville, Utah Iron County.

Introduction: Utah Division of Wildlife Resources is acquiring services for aerial herbicide application as part of the North Hills Invasive Annual Grass Control Project. The work includes purchasing, mixing, loading and application of Imazapic herbicide on approximately 320 acres. The contract will be awarded based on per acre bid price; a will be evaluated and awarded at the sole discretion of the government.

SECTION I – CONTRACT REQUIREMENTS

SITE SPECIFICS:

Location and Description: Location:

This project is located on SITLA in Iron County, Utah. Vicinity maps showing aerial herbicide application sites are attached. Only areas outlined on the project maps will be chemically treated (see Map 1-2).

The closest airport to the for the North Hills Herbicide Application is in Parowan, UT Roughly (20 miles).

Acreage: 320 acres

Total Acreage: 320 acres

SPECIFIC TASKS:

Work Limits: Furnishing all labor, equipment, supplies, and materials to aerial herbicide application on approximately 320 acres. Contractor will need to provide enough labor and equipment to complete the work in the specified performance window. It is the contractor’s responsibility to ensure that the proper Herbicide mix and application rate is following as described in this contract.

Acreage:

North Hills Well Herbicide Application 320 acres

Total = 320 acres

Liquid Herbicide Application. To apply liquid herbicide to 320 acres on an area. Herbicide is to be Imazapic at an application rate of 2.5 oz. of herbicide and 5 oz. of crop oil mixed with a minimum of 5 gal of water per acre.

GPS Technology:

The aircraft must be equipped with a global positioning system that is used to establish flight lines for 100% coverage. DWR will provide to the Contractor an electronic file containing coordinate positions of treatment areas in an ARC/INFO GIS format. Contractor shall provide a Trimble, ARC/INFO or ARCVIEW electronic file in UTM projection North America Datum 1983 of treatment coverage upon completion of each treated area or as required by the Contracting Officer. A government representative shall monitor the Contractors GPS to assure Contractor’s compliance with contract specifications.

Radio Communication:

The Contractor shall provide a communication system so that contractor personnel engaged in the project at different locations can communicate at all times with each other and so that Government Project Inspectors may communicate with the contractor at any time to discuss performance matters.

GOVERNMENT FURNISHED PROPERTY:

No government property will be furnished on this project.

GIS/GPS shapefiles/PDF maps of the treatment areas will be provided to the contractor prior to work beginning.

EQUIPMENT AND WORKMANSHIP:

A fixed wing plane or Drone able to meet all the requirements of the contract will be required for this project. 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 competent 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.

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. 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.

2. Use of 2-wheel and 4-wheel vehicles is permitted in the project areas. Off-road driving will be prohibited.

3. Hazardous Materials:

A. Use of Hazardous Materials and/or petroleum products requires that all appropriate State and Federal Regulations be complied with including, but not limited to, Materials Safety Data Sheets (MSDS) on hand and use of necessary Personal Protective Clothing (PPE).

B. On-site disposal of Hazardous Materials or Waste including hydrocarbons is not authorized. On-site disposal will subject the contractor to at least the cost of reclamation and the appropriate disposal of contaminated soil.

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

D. Maintenance and repair operations that require the draining of engines or hydraulic systems may be conducted on site only if the fluids are captured, containerized, and removed from public lands for proper disposal.

ACCESS:

Access into and through the project site shall remain open 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 protection of equipment and is solely responsible if the equipment is lost, stolen or damaged.

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. The contractor will be expected to begin herbicide application by 8:00 a.m. to avoid windy conditions and minimize drift. The government reserves the right to postpone the seeding operation if wind speed exceeds 10 miles per hour.

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. Records and Notifications: The Contractor shall maintain adequate records to allow the UDWR to monitor contract progress and for the Contractor to be accountable for work quality. Contractor records shall include: 1) work dates, 2. number of acres completed, 3.) location of acres completed, 4.) supervisor/inspector name, 5.) work quality and percentage

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

3. Notification: Meetings may be called by either the Project Manager or the Contractor. Request shall state who should attend.

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 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 continue performance of the work under the contract without delay or interruption except by causes beyond his control. 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 contractor’s current work load, including other state contracts. If necessary, the contractor will be expected to take whatever means are necessary to ensure timely contract performance. At the discretion of the contractor, this may include sub-contracting, 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.

CONTRACT TIME:

Contract must be completed by October 25, 2025. Contract time cannot be extended due to timing stipulations for wildlife habitat use. And needs to be flown before snow hits.

It is the Contractor’s sole responsibility to complete contract performance on time regardless of Contractor’s current workload, including other state or federal contracts. If necessary, the Contractor will be expected to take whatever means are necessary to ensure timely contract performance. At the discretion of the Contractor, this may include sub-contracting with prior written approval from the State, additional equipment/manpower and/or any other necessary action. Any necessary action taken by the contractor to ensure timely completion shall be at no additional expense to the State of Utah beyond the original contract price.

Past Due Notice. If a Contractor fails to complete the Scope of Work during the Project Performance Time, that failure is solely attributable to action or inaction of the Contractor, and the Government determines that a time extension is allowable, the Government and Contractor may negotiate a reduced per-acre completion price to finish the Scope of Work in lieu of cancelling the remainder of the uncompleted acreage. This option in no way restricts the Government’s authority to terminate the Agreement at the end of its term regardless of whether acreage remains uncompleted.

INSPECTION:

Surveillance Plan: The Government will inspect completed acres for 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 completing 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 suspend 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. Contractor must get a partial payment request approved in writing 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.

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 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 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.

SHAPE FILES:

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

CONRACT AWARD:

A contract will be awarded to the lowest responsive/responsible bidder who meets any experience and equipment requirements noted elsewhere in this solicitation.

SECTION III – MAPS, DRAWINGS AND OTHER INFORMATION

DOCUMENTS INCORPORATED BY REFERENCE:

All maps, pictures, drawings and other documents/information provided in this section, or otherwise referenced in section one of this contract are hereby incorporated by reference in the final contract document.

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Map 2- North Hills Herbicide Application

Map 1- North Hills Herbicide Application General Location Map image1.jpeg image2.jpeg