6-Attachment B Scope of Work.pdf

9/2/2026

Attachment B Scope of Work Lost Creek-Sanpitch Rejuvra Aerial

Application Phase I Project: Lost Creek-Sanpitch Rejuvra Aerial Herbicide Application Phase I

Location: Various locations within Sanpete and Sevier Counties, Utah (See Attached Maps)

Introduction: The UDWR is requesting services for aerial application of a combination of Rejuvra Herbicide on 2,622 acres located on BLM, SITLA, and Private Properties within Sevier and Sanpete

Counties, Utah.

SECTION I – PROJECT REQUIREMENTS

SITE SPECIFICS:

Location and Description: Project is located in two geographic areas. The Sevier County portion of this project is South and East south of Anabella, Utah (Unit 1).

The Sanpete portion of this project is North and East of Fayette, Utah (Unit 2).

Elevations range from 5,500 – 7,500 feet with moderate rolling topography.

Vicinity maps showing sites are attached.

Acreage: Unit 1: 1,623 Acres

Unit 2: 999 Acres

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: Only areas shown on the Project Map will be treated. The project areas are identified with a GPS unit. It will be the contractor’s responsibility to provide a GPS that is capable of loading project areas from a computer.

Introduction:

The DWR/BLM is requesting services for an aerial application of herbicide on 2,622 acres located on lands in

Sanpete County, Utah.

AERIAL HERBICIDE APPLICATION SPECIFICATIONS

Acreage: 2,622 total acres

Pricing: Bids are to be submitted on a cost per acre basis, which will include the cost of

Rejuvra herbicide and aerial application. DWR/BLM will NOT supply the herbicide.

Application Rate:

Aerial Application:

GPS Technology:

Application Dates:

Timing:

Experience:

Rejuvra rate is to be 5 fluid oz per acre and at least 5 gallons of water per acre.

Application will need to be applied on a per acre basis.

The herbicide must be applied aerially with either a helicopter or drone in order to be precise enough to fly low and reduce drift. There are nearby private lands and highways that must not have any chemical drift onto.

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 and treatment area polygons in a shapefile or KMZ. Upon completion of the project the contractor must also provide a shapefile or KMZ showing the flight lines of what was sprayed.

Application must take place between September 21st - October 5th, 2026.

Contractor will work closely with the Project Manager to schedule optimal flight times.

The contractor will be expected to begin application by 7:00 a.m. to avoid windy conditions and minimize herbicide drift. The government reserves the right to postpone the operation if wind speed exceeds 10 miles per hour.

The contractor must have prior experience in aerial application of herbicide to be awarded. Negative references will be grounds to deny bids. References can be submitted with this bid.

CONTRACTOR FURNISHED EQUIPMENT:

See above section.

GOVERNMENT FURNISHED PROPERTY:

No Government equipment or herbicide 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.

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.

QUESTIONS:

Questions related to this solicitation, specifications, or bidding procedures MUST be asked in writing on the

Q&A board within the solicitation to keep the process fair and transparent. There are no exceptions to this.

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.

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.

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:

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.

PAYMENT:

One lump-sum final payment will be made for the actual number of acres completed following a final inspection of the flight paths that are sent to the government.

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.

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Unit 1 - 1,623 Acres Unit 2 - 999 Acres

Land Status

BLM

Military Private State State Parks & Recreation State Wildlife Reserve US Forest Service

No warranty is made by the Bureau of Land Management as to the accuracy, reliability, or completeness of these data for individual use or aggregate use with other data.

Map Scale: 1:195,1550 2 MilesN

Bureau of Land Management Color Country District

176 East D.L. Sargent Dr.

Cedar City, UT 84721

September 02, 2026

Cedar Mountain Rejuvra