7-Attachment B - Scope of Work.docx

Attachment B – Scope of Work

PROJECT: Oak Creek Mastication LOCATION: Sanpete County approximately three miles north of Fairview, 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: Utah Division of Forest, Fire, and State Lands (UFFSL) is acquiring services in this contract to provide for wildfire hazard reduction and improved wildlife habitat by mechanically removing/shredding vegetation including standing live and dead oak, pinyon pine, and juniper trees and saplings with a wheeled or tracked MECHANICAL MULCHING/SHREDDER (Bullhog). Bids should be submitted on a per/acre basis and total cost basis. Per acre and total bid prices will include all mobilization and operation costs. There will be no fuel surcharges or adjustments negotiated. There will be no government provided materials for this project. Services in this contract provide up to 292 acres of mechanical thinning and mastication as identified on attached site maps.

SECTION I – CONTRACT REQUIREMENTS

SITE SPECIFICS:

Location and Description: Work under this contract is located on Private lands. The Oak Creek project is three miles north of Fairview, Utah. The work location is shown on the attached Project and Reference Maps. The treatment boundaries can be located by GPS or by using the PDF maps attached and the Avenza app. The work location is shown on the site maps.

Acreage: Approximately 292 acres Access to the site: Access onto the project site is provided by a combination of paved highways, and dirt surface roads to access the property. 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. Treatment and non-treated areas within the project area may be described verbally. A shapefile for GPS and a PDF map of the project area will be provided prior to work beginning. It will be the contractor’s responsibility to furnish either a GPS unit(s) or smartphone(s) with PDF map application to be utilized in identifying project boundaries. Contractor(s) will be responsible to download all needed shapefiles/PDFs using their own devices. Shapefiles/PDFs will be provided in email upon request.

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

Project Specifications: Oak Creek Project The intent of this project is to improve the general ecosystem’s health with emphasis on reducing the current fuel load of live and dead material.

Unit Specifications:

Unit 1, 224 acres:

· All live and dead pinion and juniper trees are to be removed by bullhog, unless designated as a leave tree.

· No live or dead limbs shall be left on the stump of removed trees. Stump height shall not exceed 6inches measured on the uphill side.

· Any tree or sapling that cannot be removed by mastication machinery must be removed by hand utilizing chainsaws or loppers.

· Mulch depth shall not exceed six (6) inches. If mulch exceeds six inches in depth the Contractor shall spread the mulch either mechanically or by hand.

· All wood chips are not to exceed 6 inches in length.

Unit 2, 68 acres:

· All live and dead oak, pinion, and juniper trees are to be removed by bullhog, unless designated as a leave tree.

· No live or dead limbs shall be left on the stump of removed trees. Stump height shall not exceed 6 inches measured on the uphill side.

· Any tree or sapling that cannot be removed by mastication machinery must be removed by hand utilizing chainsaws or loppers.

· Mulch depth shall not exceed six (6) inches. If mulch exceeds six inches in depth the Contractor shall spread the mulch either mechanically or by hand.

· All wood chips are not to exceed 6 inches in length.

CONTRACTOR FURNISHED EQUIPMENT:

Equipment Requirements: At least two, mobile, tracked or wheeled, hydraulically or PTO driven, mechanical mulching/shredder (Bullhog) shall be furnished on a fully-operational basis, with a competent, fully-qualified operator, and shall be capable of mulching/shredding live trees up to thirty (30) inches in diameter at six inches above ground level measured on the uphill side. Equipment shall be washed with a high-pressure system before entering and exiting project lands. All soil and plant parts shall be removed to prevent the spread of noxious weeds in 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.

Surface Conditions: Mulching 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 boundaries except on identified roads or trails. All terrain vehicles may be used within project areas as long as vehicle use does not create a visible trail. Bullhog use will be prohibited when soils are wet and rutting might occur. All created visible trails and/or ruts will be reclaimed at the expense of the contractor.

Tests for Uniformity: The Project Inspector can make tests to determine the uniformity of the Bullhog operation.

ENVIRONMENTAL CONSIDERATIONS:

1. Project sites shall be cleaned up, and all refuse removed by the Contractor. The Contractor shall be responsible for disposal of materials in a manner consistent with State, Federal and local laws and for all expenses incurred with disposal. Public or private access roads damaged by the Contractor shall be restored at the Contractors expense to the same condition they were in at the commencement of work.

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

3. Hazardous Materials:

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

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

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

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

ACCESS:

Access into and through the project site shall remain open at all times. The Contractor shall maintain roadways free of vehicles, tools and debris.

SECURITY OF EQUIPMENT AND PROPERTY:

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

WORK CAMPS:

Work camps may not be established on site.

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 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) fires,

(2) floods, and (3) 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 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:

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 which 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.

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 Contractor's operations. 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. Contractor shall bear costs of evaluation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve 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 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 identified in the Delays clause. 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: The contracted work must be completed from October 1, 2026 to April 15, 2027. Contractor must wait for the notice to proceed from the government prior to commencing.

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 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 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 suspended work order to resolve the problem, during which time contract time will continue to run.

If untreated or unsatisfactorily treated areas are the primary reason for unsatisfactory work, the Contractor shall rework acres designated by the Government until satisfactory work quality is obtained.

PAYMENT:

One lump-sum final payment will be made for the actual number of acres completed following a final inspection of the completed project, and consistent with the payment clause in the State’s standard terms and conditions. Normally, requests for partial payments will not be considered. However, if a partial payment request is considered, approval of said request shall be at the total discretion of the State. Contractor must get a partial payment request approved in writing prior to submitting an invoice for partial payment. Partial payment invoices received without prior approval will be returned to the contractor as not proper for payment.

WINTER STOPPAGE:

At the sole discretion of the State 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. Contractor must proceed diligently with all work as weather permits until a stop-work order is issued.

SECTION II – BID REQUIREMENTS/INFORMATION

SITE VISIT:

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

SHAPE FILES:

Maps and shape files are attached in the Buyer Attachments Section of this solicitation. If the bidder needs additional maps/files, please specify type in the Q&A Section of this solicitation.

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. All other questions related to this solicitation, specifications, or bidding procedures MUST be asked in writing in SciQuest. There are no exceptions to this. Questions asked at the site visit, and subsequent answers will be recorded and posted on SciQuest so that all potential bidders can review questions and answers.

BIDDING:

This contract will be bid on a per-acre price. The per-acre price will be extended based on the quantity 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.

SECTION III – MAPS, DRAWINGS AND OTHER INFORMATION

Map 2: Unit Reference Map

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