7-Attachment B - Scope of Work.docx

Attachment B: Scope of Work PROJECT: Aerial Seeding 2026 LOCATION: Work under this contract is in Iron County Utah.

Introduction: Utah Division of Wildlife Resources in cooperation with the Cedar City Field Offices of Bureau of Land Management, Utah School and Institutional Trust Lands Administration, and the USDA Natural Resources Conservation Services, are acquiring services for aerial seeding as part of the following project; Chipman Peak Cottonwood Chaining. This project includes a minimum of 740 acres and may be extended up to 1,150 acres. The contract will be awarded based on bid price and 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 BLM and Utah School and Institutional Trust Lands Administration in Iron County Utah. Vicinity maps showing aerial seeding sites are attached. Only areas outlined on the project maps will be seeded.

The closest airports/landing zones are to be determined by the contractor. Contractor will also be responsible to pick up seed from the DWR’s seed warehouse in Ephraim, UT and transport seed to the airport/landing zones of their own choosing.

Acreage: Up to 1,150 acres; minimum of 740 acres

SPECIFIC TASKS:

Work Limits: Furnishing all labor, equipment, supplies, and materials to approximately 1,150 acres aerial seeds. Contractor will need to provide enough labor and equipment to complete the work in the specified performance window. The project is in the area on the maps with its own seed mix and rate of application. It is the contractor’s responsibility to ensure that the proper seed mix and application rate is as described in this contract.

Acreage:

East Paragonah Chaining = 1,150 acres @ approximately 14.60 lbs./ac.

Total = 1,150 acres

Total Weight:

Seed will be bagged in 1,250 lb. sacks. Seed will need to be picked up by contractor. All the seed will be picked up from UDWR Great Basin Research Center in Ephraim Utah. Contractor will be solely responsible for loading all seed into broadcaster.

CP Cottonwood Chaining = 1,150 acres x 14.60 lbs. = Total 17,520 lbs.

Approximate Total = 17,520 lbs.

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 Contractors compliance with contract specifications.

Seed Application:

The Contractor shall certify to DWR they have the capability to meet the requirements of the request for quote prior to performing any aerial work.

Seed Transport, Storage, and Handling:

The Contractor will be responsible to load and transport the UDWR-furnished seed from the DWR’s seed warehouse in Ephraim, UT to the worksites and shall be responsible for its protection from loss or damage during transport.

The Contractor at no additional expense to the State will replace seed damaged or lost while in the custody of the Contractor. Unused seed shall be returned to the agreed upon location upon completion of work or termination of the Contract. Empty seed sacks upon request and all pallets shall be saved and returned to the State of Utah Seed Warehouse in Ephraim Utah by the Contractor.

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:

There will be no Government Furnished Property associated with this contract other than the maps and shapefiles.

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

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.

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 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 seeding by 8:00 a.m. to avoid windy conditions and minimize seed 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 work load, 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 BLM/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 DWR 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 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.

CONTRACT TIME:

Project Performance Time: _30_ calendar days from official Notice-to-Proceed (NTP)

Extended performance window: (either calendar days from NTP or beginning & end dates)

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.

SHAPE FILES:

For this project shape/KML file(s) [ X ] are [ ] are not available.

Properly submitted requests will be granted and file(s) will be provided by the DWR representative by return email as long as the emailed request is sent prior to the question & answer closing time. The State purchasing agent identified elsewhere in this solicitation shall be sent a cc:copy of the emailed request. Requests for shape or KML files submitted by fax or phone will not be honored. The State/DWR is not responsible if said files cannot be delivered by email because of the bidder’s email system limitations. It is the sole responsibility of the bidder to ensure that his/her email capability is adequate. Shape/KML files will not be delivered under any other format or method. No other comments or questions are allowed in an emailed request. Note the “Questions” provision below.

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 and Answers Period The Question and Answer period closes on date and time specified on Bonfire. All questions must be submitted through Bonfire during the Question and Answer period. Answers from the State will be posted on Bonfire. Questions may include notifying the State of any ambiguity, inconsistency, scope exception, excessively restrictive requirement, or other errors in this IFB. A question may also include a request to modify the Standard Terms and Conditions, including the insurance requirements for this IFB. Questions are encouraged.

Questions may be answered individually or may be compiled into one document. Questions may also be answered via an addendum. An answered question or an addendum may modify the specifications or requirements of this IFB. Answered questions and addendums will be posted on Bonfire. Bidders should periodically check Bonfire for answered questions and addendums before the closing date. It is the responsibility of the bidders to submit their bids as required by this IFB, including any requirements contained in an answered question and/or addendums.

Prior to the closing date, the State may, at its sole discretion, issue addenda. Addenda may modify any minimum requirement or specification of this IFB. It is the responsibility of the bidders to submit their bids as required by this IFB, including any requirements contained in addenda issued by the State.

Bidder shall not contact any employee, board member, or evaluation committee member of the issuing procurement unit of this IFB. Failure to comply with this requirement may result in disqualification.

NOTE: Exceptions taken by a bidder to the scope/content of the solicitation that have not been addressed during the Question and Answer period will result in the bidder being disqualified.

BIDDING:

Bids are to be submitted on a cost per acre basis for each location and will be awarded on a total project 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.

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.

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.