5-Attachment B-Scope of Work.docx

Attachment B: Scope of Work AM27-10 Wasatch Front/Parleys Watershed Restoration Project, FY26 WRI #7772, Lop and Scatter

LOCATION: Parleys Canyon, Salt Lake County, 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: The Salt Lake Ranger District of the Uinta-Wasatch-Cache National Forest is acquiring fuels management services to reduce the risk of catastrophic wildfires and improve wildlife habitat in the Central Wasatch project area. Work includes retreatment of woody revegetation along corridors masticated in 2023.

1) This task order is for fuels management work on approximately _89_ acres.

2) This task order requires the Contractor to furnish labor, equipment, supervision, transportation, operating supplies, and incidentals to perform the work described below in areas identified on the attached maps.

3) Bids must be submitted on a price per acre basis.

The purpose of this project is to retreat the previously masticated area by cutting sprouting to maintain a diversity of stand structure within the oak and thus a diversity in fuel types.

SECTION I – PROJECT REQUIREMENTS

SITE SPECIFICS:

1) Location and Description: Work under this contract will occur on lands administered by the US Forest Service, Salt Lake Ranger District approximately 8 miles east of Salt Lake City, Utah. Work locations are shown on the attached map

a) Acres: 89

b) Elevation: 6200 to 7200 feet

2) General Site Access: Access to work locations is by combination of paved highways/roads, gravel/dirt roads, motorized trails, non-motorized trails and off-trail foot travel.

a) 2-wheel and 4-wheel motorized travel on National Forest Lands is permitted where indicated by the Salt Lake Ranger District Motor Vehicle Use Map available at: https://www.fs.usda.gov/Internet/FSE_DOCUMpnoblENTS/stelprdb5336991.pdf

b) Off road driving is prohibited.

c) The Contractor must abide by local traffic and parking regulations.

From I-80, take exit 137. Parking is available on the southeast side of the intersection of the eastbound ramps and Lambs Canyon Road.

SPECIFIC TASKS:

1) Work Limits:

a) Only the identified units shown on the project maps will be treated, except trees outside the units that present hazards to workers may be felled.

b) The project areas are identified with a georeferenced pdf map compatible with the Avenza app from Avenza Systems Inc. http://www.avenza.com/pdf-maps . Alternative geospatial file formats (e.g. shapefile, KML/KMZ, gpx) are available by request to the Project Manager for informational purposes only.

c) The units are NOT flagged by the Government, and the Contractor is responsible for removing all flagging that they use during the project.

d) Untreated areas within these boundaries shall be identified with candy striped red and white flagging, GIS data, and/or verbally.

e) If areas are unworked due to the presence of bees, hornets, etc. the area shall be flagged with black and yellow striped flagging.

2) Work Sequence:

a) Government staff will be available at the start of the operation to identify the correct use of the mapping application, and for the Contractor to establish control points for the work executed under the contract.

b) Upon entering the project area, the Contractor shall immediately locate control points and section corners and take such action to prevent their destruction before beginning work.

3) Cutting Specifications:

3.1) Cutting:

a) Within the previously masticated corridors, cut all woody revegetation at or below 6” above the ground.

b) Cut material should be scattered such that depths of cut material do not exceed 1 foot above the ground.

CONTRACTOR FURNISHED EQUIPMENT:

The Contractor must furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals to perform all work as set forth in the specifications.

Equipment Requirements:

Chainsaws, brush cutters, pole saws, hand saws, and loppers may be used. The Contractor must furnish fully operational equipment with competent, fully qualified operators, and will meet the following specifications:

1. Crew size must be at least 8 people.

2. Equipment must be free of fluid leaks and be in good operating condition.

3. Equipment must be washed before entering and exiting the project area. All soil and plant parts must be removed to prevent the spread of noxious weeds into and out of the project area.

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.

CONTRACT TIME

Project Performance Window: August 15-October 15, 2026

SECTION II – BID REQUIREMENTS/INFORMATION

SITE VISIT:

A site visit will NOT be held prior to bidding. It is strongly recommended that each potential bidder inspect the site where services are to be performed and satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

A four-wheel-drive vehicle is recommended.

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 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.

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. 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.

REFERENCES:

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

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.

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) General

a) Project sites must be cleaned up, and all refuse and flagging removed by the Contractor. The Contractor is responsible for disposing of all materials in a manner consistent with State, Federal, and local laws, and for any expenses incurred in disposal.

b) Public or private access roads, trails, gates, or other human-made structures damaged by the Contractor must be restored - at the Contractors expense - to the same condition they were in at the commencement of work.

c) Off-trail travel in steep terrain and loose soil is a regular activity in the performance this Contract. The Contractor must take reasonable steps to avoid significant soil movement on steep slopes to reduce erosion potential. This can mean restoring disturbed soil to its original shape on steep slopes that will likely lead to erosion, and covering the area with a thin layer of cut vegetation placed across the slope to slow water movement. It may also mean not working on steep, unstable slopes in where significant soil disturbance will occur if the area is worked.

2) Noxious Weed Control

a) Before coming on site initially, Contractor-furnished trucks, other vehicles, and equipment must be washed to remove all dirt, debris, and plant material that could result in the transfer of noxious weeds. They must also be washed any time they are used on a different project before being brought back into the Project Area. The Project Manager may inspect equipment when it comes onto National Forest lands, or the contractor may be required to furnish the Project Manager with proof of weed-free equipment.

b) Avoid parking or staging equipment in, working in, and any type of travel through, existing stands of noxious and/or invasive weeds. Notify the Project Manager of these weed areas when found.

c) Noxious Weed List: https://ag.utah.gov/plant-industry/noxious-weed-control-resources/state-of-utah-noxious-weed-list/

d) Identifying Noxious Weeds in Utah: https://extension.usu.edu/files/Noxious-Weed-Field-Guide-for-Utah.pdf

3) Hazardous Materials

a) On-site disposal of Hazardous Materials or Human and/or other 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.

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

c) 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.

d) 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).

4) Bio-Based Materials

a) The contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide bio-based products. The Contractor shall utilize products and material made from bio-based materials (e.g., bio-based greases, bio based hydraulic fluids, bio-based absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the project manager.

b) The following is an example list of products that may be used in this contract for Construction for which bio-based products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of bio-based products listed meeting the health and environmental specifications.

i) Lubricants and Greases

ii) Fuel Additives or Conditioners

iii) 2-Cycle Engine Oil

5) Nesting Birds

a) The implementation timeframe of these projects overlaps with the nesting timeframe of many bird species. The Contractor is responsible for the minimization of impact on nesting birds by following the steps below.

i) Scout ahead of those cutting the resprouting material. Look in and around target sprouts for both shrub and ground nests.

ii) If active nests are found, flag them and notify other workers. A 10-foot buffer is to be left around any nest.

iii) Contact the project manager so that they may solicit guidance from the local Forest Service biologist.

PUBLIC ACCESS:

Public safety is a top priority for this project. The Contractor will provide for vehicle and pedestrian traffic control needs by posting appropriate signage to identify active work areas, actively monitoring trails for public users, informing users of active trail closures, pausing work in a safe condition to allow for public passage as needed, and keeping trails and roadways free of personnel, vehicles, equipment, supplies, and debris.

SECURITY OF EQUIPMENT AND PROPERTY:

The Contractor may leave equipment at the work site, however, the Contractor shall be solely responsible for the protection of equipment and is solely responsible if the equipment is lost, stolen, or damaged.

CREW SUPERVISION:

1. The 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 before the change takes effect.

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

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

WORK CAMPS:

Work camps may be established only in locations authorized in advance by the Project Manager in coordination with the Government. Should such a camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. Upon vacating a camp and before final payment, the Contractor shall remove all refuse and other signs of occupancy to the satisfaction of the Project Manager.

WORK HOURS:

Work hours under this contract shall be limited to the time between one-half hour after sunrise to one-half hour before sunset each day. Work may be done on Saturday, Sunday, and legal national holidays as mutually agreed between the Contractor and the Project Manager. However, the area is often busy on weekends and holidays, so parking and public entering the area may become an issue, and the Government recommends that the Contractor schedule crew rest days during these popular public use days to minimize conflicts and hazards.

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.

FIRE DANGER SEASON:

If the Project Manager allows the Contractor to continue work during periods of elevated fire danger, the Contractor must comply with all applicable State and Federal laws relating to fire prevention, and with any special conditions of work as directed by the Project Manager.

Fire Precautions: Contractor shall prohibit smoking and the building of fires on the project area, except at established areas approved by the Project Manager and comply with all rules and regulations administered by the Forest Service 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 priority of the Contractor.

The Contractor shall:

1. Operate all internal and external combustion engines on federally managed lands per 36 CFR 261.52, which requires all such engines to be equipped with a qualified spark arrester that is maintained and not modified.

2. Carry shovels, water, and fire extinguishers that are rated at a minimum as ABC - 10 pound on all equipment and vehicles.

3. Initiate fire suppression 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.

4. Notify the Northern Utah Interagency Fire Center at (801) 495-7600 immediately of the location and status of any escaped fire or call 911.

5. Notify the Forest Service Project Manager immediately of the incident.

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.

WINTER STOPPAGE:

At the sole discretion of the State and or the Federal Partner. This contract may be stopped at any time due to snow depth greater than 6 inches in depth or other climatologic 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, DRAWINGS AND OTHER INFORMATION

REVISED 1/15/2025

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