ATTACHMENT B SCOPE OF WORK

AM27-115 Holt Canyon Water Catchment Project LOCATION: Approximately 6.5 Miles South and West of Newcastle, Utah or 6 miles east of Enterprise, Utah.

Introduction: Utah Division of Wildlife Resources (DWR) in conjunction with the United States Forest Service (USFS) is acquiring services for habitat improvement through the installation of one (1) 80,000-gallon water catchment and storage facility. The work includes providing all the materials and labor to build, construct, and place a catchment apron and storage tank as well as the necessary plumbing to connect the apron to the storage tank and stub out 2 lines from the storage tank for eventual attachment to troughs or drinkers.

SECTION I – PROJECT REQUIREMENTS

SITE SPECIFICS:

Location and Description: Work under this contract is located in Washington County, Utah, South and West of the town of Newcastle or east of the town of Enterprise in the foothills of the Bull Valley Mountains. Elevation is approximately 5800 feet. A vicinity map showing the site is attached.

Access to the site: Access to the project site is provided by a combination of paved highways, county dirt 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 Limits: Catchment must be constructed within the designated site as described verbally and/or flagged by DWR and USFS staff.

Government staff will identify unit boundaries for the work executed under the contract. The Contractor shall immediately upon entering the project area, begin work, locate control points, flagged section corners, etc, and take such action to prevent their destruction.

1 - Catchment Aprons: The catchment apron will be a minimum of 170’X220’. With the anchor, there will be 150’X200’ exposed to catch rain water. Catchment apron will be constructed with 45 mil HDPE membrane or equivalent other material, if planning to use other material it will need to be approved as equivalent by project manager before installation.

- Prior to installation of the liner, soil sub grade and surface conditions should be examined and rock and vegetation should be removed followed by smoothing of the surface. Surface should not contain any loose stones with diameter exceeding 9.52mm (0.375”) or have abrupt changes in elevation. If there are too many rocks or too much gravel to remove, either a layer of dirt or sand or a 10 oz. geotechnic fabric should be installed prior to membrane installation. Contractor should allow DWR or USFS staff to inspect prepped site prior to membrane installation to ensure these specifications are met.

-A trench shall be dug around the entire perimeter of the apron, and the edges of the membrane shall be installed into the trench so that they return partially back up the outside of the trench. Trenches should be backfilled leaving a soil berm on the inside under the membrane to keep the dirt and debris from washing onto the apron and into the water storage system. (See attached catchment berm detail)

- Outlet pipe must be constructed by a manufacturer- approved method (Outlet pipe liner boot or other approved method).

-No bituminous products are allowed to come into contact with the liner.

-Apron shall slope to the outlet.

See attached pictures for example of existing apron.

2 - Storage Tanks: The storage tank will be ~80,000 gallon capacity. Storage tanks should be corrugated steel ring tank style with concrete floor and metal roofing.

-Concrete floor will be 8” except for the 12”x 24” thickened edge (see attached detail). #4 rebar will be placed on 10” CC except for the perimeter steel which will match the attached detail for the thickened edge. Tank must be set wet in the concrete.

-Tank roof will be constructed using 8” x 2.5” C purlins attached to tank with manufacturers brackets. Cover tank with corrugated metal roofing. 4” galvanized support posts may be needed on longest spans of purlins. Span between purlins should not exceed 4 feet and may need to be narrower depending on the load recommendation of the roofing panels.

-Tank must have a 12” overflow pipe drain to a suitable area at least 20 feet away from storage tank.

-The groundline will vary depending on elevation that contractor sets the tank. Some of the tank may be buried and some of the tank will be exposed.

Other tank styles may be considered, if contractor desires to use alternative style they should attach drawings and specifications for the tank and its placement with the bid.

3 - Associated plumbing: Contractor will also be responsible for providing the necessary plumbing and supports to move the water from the collector apron to the storage tank (see attached pictures and plans for example of existing structure). This may include either ramped up dirt or support posts set so as to not allow a sag in the inlet pipe. Inlet pipe should be 10” and weather resistant material.

In addition, contractor will need to provide 2 stub outs from the storage tank. One of the stub outs will be for a wildlife drinker and the other for a livestock trough. Both will terminate in a stop and waste valve for eventual connection to the drinker and trough. The stub out for the livestock drinker should be constructed in stack pipe style reserving the last 10,000 gallons in storage tank to be utilized by the wildlife drinker. Stub outs should be frost proof, constructed out of 2” galvanized pipe and originate from center of the tank. Pipe should be buried a minimum of 2’ below ground and stub outs should extend at least 2’ beyond the concrete pad for the tank. Both lines should terminate with a brass stop and waste valve capped at the end and be clearly labeled so future connections go to the correct line. Inside the tanks the pipes should be covered by a screen or metal strainer cage to prevent debris from entering the system.

SAMPLE PLANS

Sample plans are provided for reference but dimensions and elevations will vary based on this specific location and tank design. These sample plans are meant to provide guidance and direction but the above referenced specific tasks will be the ultimate guiding contractual language.

CONTRACTOR FURNISHED EQUIPMENT:

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

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: Work 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 or as approved by USFS or DWR Project Manager. All terrain vehicles may be used within project areas as long as vehicle use does not create a visible trail.

CONTRACT TIME –Must be finished by: April 30, 2027

Project Performance Time: 212 calendar days from the official Notice-to-Proceed (NTP)

Extended performance window: Oct 10, 2026 – April 30, 2027

While the contract performance window goes until April 30, 2027 it is highly encouraged to have the contractor complete installation before winter so that the catchment can start catching water with the winter moisture if at all possible.

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.

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.

Additionally, the site map provided with this document includes locations of features (ie the livestock trough). Please keep in mind that this bid is for the apron and tank and associated plumbing described above.

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 total project cost basis. 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.

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:

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.

Use of 2-wheel and 4-wheel vehicles is permitted in the project areas. Off-road driving will be prohibited when soils are wet and rutting may occur.

Hazardous Materials:

1. 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. 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.

3. 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.

4. 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.

PUBLIC ACCESS:

Access into and through the project site shall remain open to the public 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 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 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:

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:

If the Project Manager allows the Contractor to continue work during the periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the Project Manager

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA:

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 the completed structure 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.

PAYMENT:

One lump-sum final payment will be made upon completion of the project 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 totals or parcel configuration by up to 10% of the originally contract cost 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.

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