8-Attachment B Scope of Work.docx

[ X ] Yes – Use Prequal. [ ] No – Solicit by Open Competition

ATTACHMENT B SCOPE OF WORK

Solicitation #JH27-2

PROJECT: Trail Mountain Hand Thin LOCATION: Emery County, UT approximately 13 air miles North-West of Orangeville, UT

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 Trail Mountain project is designed to slash small diameter conifer, pinyon and juniper in preparation for prescribed burning. This task order includes the contractor to furnish labor, equipment, supervision, transportation, operating supplies, and incidentals.

Objectives:

· Restore critical elk and deer habitat and browse species by improving forage quality and quantity.

· Restore suitable Goshawk foraging habitat by creating a mosaic of open ground within forested areas.

· Regenerate declining aspen by introducing a fire disturbance event to cause mortality of encroaching conifers and stimulate root suckering of aspen clones.

· Restore pollinator habitat by enhancing wildflower-rich foraging habitat

· Increase the resistance and resilience of watershed and associated vegetation

· Reduce the risk of a severe stand-replacing wildfire.

· Restore and maintain appropriate fire return interval over the next 10 to 15 years.

SECTION I – PROJECT REQUIREMENTS

SITE SPECIFICS:

Location: The Trail Mountain project is located on the Ferron/Price Ranger District of the Manti La Sal National Forest. The project lies approximately 13 air miles north-west of the city of Orangeville between East Mountain and Joes Valley Reservoir in Emery County, UT.

Approximate Acreage: 1,115

Access to the site: From Salt Lake City, take I-15 south to Highway 6. Head east bound on Highway 6 to the junction with Highway 10. Head south on Highway 10 to the junction with UT-29, head west on UT-29 for 3.9 miles. Turn right to stay on UT-29 continue straight for roughly 7.6 miles to Cottonwood Canyon (FS road 0040). Travel up Cotton Wood Canyon for approximately 10 miles to Flat Canyon and turn south onto the Trail Mountain road (FS road 0034). Stay on Forest Service road 0034 for approximately 11 miles to access units 1,2,3,4. To access unit 5, from Flat Canyon travel roughly 6.5 miles on Forest Service road 0034.

SPECIFIC TASKS:

This contract will have two treatment types.

Units 1,2,3,4 (approximately 716 acres)

· Remove 90% Pinyon and Juniper trees less than 20” diameter at root collar within treatment units.

· No live or dead limbs shall be left on the stump of removed trees.

· Stumps will be flush cut with the ground. Stump heights will be less than 8” on the uphill side.

· Cut NO Ponderosa Pine and Aspen

· All limbs removed and scattered from bole of trees.

· Boles will be cut into 4 ft or less sections.

Unit 5 (approximately 399 acres)

· Cut ALL live and dead conifer trees up to 10” DBH.

· Cut All dead standing snags up to 10’’ DBH

· Cut NO Ponderosa Pine and Live Aspen.

· All cut trees shall be completely severed below the lowest live limb.

· Felled boles will be cut into sections less than 4ft long.

· Stumps will be flush cut with the ground. Stump heights will be less than 6” on the uphill side.

Other requirements: The following areas shall be free from treatment slash, piles, and/or tree boles created by this project:

· Roadways and road edges for a distance of 15 feet.

· Perennial streams for a distance of 15 feet.

· Cut and fill slopes.

· Ditches, rolling dips, water bars, and other water management features.

· Culverts for a distance of 15 feet.

· Improvements such as established trails (ATV/bike), campgrounds, telephone poles, power lines, stock driveways, fences, established land corners, etc. for a distance of 15 feet.

Work Limits: Only areas shown on the Project Map will be treated. The project areas are identified with GPS shapefiles. It will be the contractor’s responsibility to provide a GPS that is capable of loading project areas from a computer. Georeferenced maps will be available to upload from project manager using Avenza Maps. The project boundaries will not be marked, and it will be the responsibility of the contractor to know how to use and read a GPS to find project boundaries and to stay within them while felling trees.

The Contractor shall immediately upon entering the project area, begin work, locate control points, section corners, and take such action to prevent their destruction.

Acreage is determined with computer software and is two-dimensional. It will be the responsibility of the bidder to bid accordingly.

Shape files of the units will be provided to be loaded on a GPS. It will be the contractor’s responsibility to provide a GPS that is capable of loading treatment units from a computer

CONTRACTOR FURNISHED EQUIPMENT:

Equipment Requirements: All trees within the designated treatment area are to be removed utilizing hand crew chain or similar brush saws. Transportation, tools, fuel, safety instruction/support, GPS instruments, and associated equipment and materials will be provided by the Contractor within the bid price. Work in this contract requires the contractor to have GPS capabilities in order to identify treatment areas, leave islands and/or project boundaries. GPS equipment must have an accuracy of +/- 5 meters and be capable of accepting/uploading shapefiles or track logs. The government will provide shapefiles or track logs electronically (via email or at the pre-work meeting) to the contractor which will identify treatment unit boundaries and leave islands within the project area boundary. It is the responsibility of the contractor to upload the shapefiles to the GPS equipment and provide any technical support for problems with the contractor’s owned equipment.

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

Contract may begin as soon as possible and be completed by October 31, 2026.

Performance window may vary depending upon snow levels, soil conditions, wildlife wintering periods, nesting/brooding birds, etc. The Contractor shall not begin work without arrangements approved with the project manager.

Past Due Notice. If a Contractor fails to complete the Scope of Work during the Project Performance Time, that failure is solely attributable to action or inaction of the Contractor. If the Government determines that a time extension is allowable, the Government and Contractor may negotiate a reduced per-acre completion price to finish the Scope of Work in lieu of cancelling the remainder of the uncompleted acreage. This option in no way restricts the Government’s authority to terminate the Agreement at the end of its term regardless of whether acreage remains uncompleted.

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.

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.

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

1. Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

2. Fire Protection Tools. At all times during fire season (June 1-September 30), the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract. Upon request of Forest Service, Contractor shall permit and provide an individual to assist in periodic testing and inspection of required fire equipment. Contractor shall promptly remedy deficiencies found through such inspecting and testing.

a. Contractor chainsaw required fire protection tools:

i. Chainsaw or other gas-powered tool operators shall carry a fully charged and operable fire extinguisher, minimum-capacity 8-ounce liquid or 1-pound dry chemical, with a 4BC or higher rating.

ii. Chainsaw or other gas-powered tool operators shall maintain one usable firefighting tool (shovel, pulaksi, or combi tool) at fueling sites

b. Contractors’ Vehicle and Heavy Equipment Operations must have:

i. One usable shovel or pulaski with each vehicle, UTV, or heavy equipment with an internal combustion engine/motor, mobile or stationary.

ii. One operable, dry chemical fire extinguisher with a minimum 2.5 pound capacity and 4BC or higher rating with each vehicle, UTV, or heavy equipment, mobile or stationary, with combustion engine/motor used for contractor operations.

3. Spark Arresters. All internal combustion engines, including chainsaws, must be equipped with an approved and effective spark-arresting system, as established in the National Wildfire Coordinating Group’s Spark Arrester Guides. Spark-arresting devices must be marked, properly installed, and maintained in accordance with the Guides. The following vehicles are exempt:

a. Automobiles, trucks, and heavy equipment when all exhaust gases pass through a properly installed and maintained exhaust system, baffle-type muffler, and tailpipe.

4. Debris Burning and Warming Fires. Debris fires and warming fires cannot be left unattended and must be completely extinguished. All debris fires and warming fires must be constructed in cleared or bare areas, and not allowed to spread beyond the established ring, pit, grate, or container. Anyone igniting a debris fire or warming is required to have fire tools listed in Item 1. Warming fires are not permitted during stage 1 or higher fire restrictions.

5. Welding. Welding and use of cutting torches or cutoff saws will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum 10-foot radius of all welding and cutting operations. A shovel and a 5-gallon standard backpack water container filled and with handpump attached shall be immediately available for use in the event of a fire start.

6. Hoot hours and General Shutdown. During Fire Season (June 1- September 30) the Contractor will follow the Manti La Sal Project Activity Level Fire Plan. The fire plan shall also species additional measures and/or special requirements, necessary during periods of critical fire weather conditions.

a. Based on Project Activity Levels the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

i. All high fire risk operations could be terminated at 1300 local time.

ii. Fireguard may be required for a period of 1-hour after high fire risk operations and 1-hour after end of work shift. The Contractor shall provide the fireguard.

iii. General shutdown of all activities.

7. Manti La Sal National Forest Fire Plan. Contractors working on the Manti–La Sal National Forest must follow the daily Project Activity Levels (PALs) during fire season. June 1 – September 30.

a. Contractor is responsible for checking and following PALS daily. PALs are set by looking at the public fire danger level (Low to Extreme) and checking whether a Red Flag Warning is in effect. These factors determine the minimum requirements and restrictions for operators. PAL updates are posted daily at 16:00 on the Moab Interagency Fire Center (MIFC) and Richfield Interagency Fire Center (RIFC) dispatch sites for the next day’s operational planning.

b. Fire Guard. A Fire Guard is a trained person responsible for preventing, detecting, and responding to fires during operations using engines or power tools.

i. This person must understand how to work within Project Activity Levels.

ii. This person must stay on site at least one hour after shutdown (recommended longer).

iii. This person must be able to contact and communicate with local interagency fire dispatch centers in the event of a wildfire.

c. Hoot Owl Hours. During Hoot Owl hours specified operations are not allowed between the hours of 13:00 and 20:00. Work is allowed to resume starting at 20:00 to 13:00 the next day depending on PALS update at 16:00. Hoot Owl hours for specific operations will be implemented at PALS levels C and D.

d. PAL Restrictions. For specific environmental crosswalk and associated daily PAL restrictions see table below:

Minimum Requirements and Restrictions

Other operations including chain saws, masticators, cable yarding, etc, may continue to operate all day.

EXTREME

Forest closed.

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 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:

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.

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 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 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.