Attachment B Scope of Work.docx

Attachment B Scope of Work

NC25-23

PROJECT: Zion Migration Habitat Improvement Mastication LOCATION: North Fork of the Virgin River, approximately 13 miles Northwest of Mt Carmel, UT (Kane County, Utah).

Introduction: Utah Division of Wildlife Resources (DWR), Utah Division of Forestry, Fire and State Lands (FFSL) and US Fish and Wildlife Service are acquiring services in this contract to provide for wildlife habitat improvement by mechanically removing/shredding standing live and dead pinyon and juniper trees and saplings with a tracked or trackhoe style MECHANICAL MULCHING/SHREDDER (Bullhog). This task order includes the Contractor to furnish labor, equipment, supervision, transportation, operating supplies and incidentals. Project area totals approximately 954 acres as identified on attached site map.

SECTION I – CONTRACT REQUIREMENTS

SITE SPECIFICS:

Location and Description: The Zion Migration Habitat Improvement Mastication project is located approximately 13 miles northwest of Mt Carmel, Utah. Elevations range from 6,900 to 8,200 feet within the project site.

Approximate Acreage: 954 Acres

Access to the site: Access onto 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. Treatment and non-treated areas within the project area may be flagged and/or 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 may physically identify unit boundaries for the work executed under the contract or may rely on the Project Map and associated GPS shapefile as adequate boundary markings. The Project Manager and Contractor will identify an estimated start date for work to begin on the project. The Project Manager will provide Contractor with a Notice to Proceed prior to the estimated start date if site conditions are suitable to initiate work. Upon receiving the Notice to Proceed, the Contractor shall promptly enter the project area, locate treatment boundaries, locate control points, section corners, take such action to prevent their destruction, and begin treatment work.

Mulching:

· All pinyon and juniper trees within the designated treatment area are to be removed; this includes all live and dead trees by chipping, shredding, or mulched, 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.

· All surplus vegetation and slash shall be mulched or cut into lengths not to exceed 3 feet in length.

· 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 to reduce depths to six (6) inches or less.

CONTRACTOR FURNISHED EQUIPMENT:

Equipment Requirements: A minimum of two (2) tracked (excavator or trackhoe types only) mechanical mulching/shredder (Bullhog) shall be furnished on a fully-operational basis, with a competent, fully-qualified operator for each Bullhog. 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.

Contractors shall furnish two (2) warning signs to be placed on roadside entrance of work area. Signs shall be a minimum of three (3) feet by three (3) feet in dimension and shall warn of the possibility of flying debris.

The minimum number of Bullhogs and operators are expected to be available when the Contractor first responds to the Notice to Proceed and remain onsite during the remainder of the project. Deviations from this expectation require prior written approval of the Project Manager.

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

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 flagged 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 Manager can make tests to determine the uniformity of the mastication 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.

2. 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.

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

4. 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 to private lands 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.

CREW SUPERVISION:

1. 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 prior to the change taking effect.

2. Person designated by the Contractor, as supervisor must remain with and effectively directs 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 location 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 prior to 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 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. The State may also exercise excusable delay for a cause beyond their control and without fault or negligence of the State. 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 snowstorms in fall and winter, or strong wind, rain or hailstorms in spring and summer are not considered unusually severe. An unusually severe snow, wind or rainstorm 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. The meeting request shall state who should attend and the basis for the meeting. DNR/WRI statewide management staff as well as a representative from the State Attorney General’s office may be requested to attend to assist with dispute resolution between the Contractor and the Project Manager.

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.

CONTRACT TIME:

Project Performance Time: Contract must be completed by May 15, 2025. The government expects the contractor to complete the project at the greatest speed possible because the potential for winter closure. The extended performance time compensate for expect winter closure. Contract time cannot be extended due to timing stipulations for wildlife habitat use.

It is the Contractor’s sole responsibility to complete contract performance on time regardless of Contractor’s current workload, including other state or federal 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 with prior written approval from the State, 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.

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, and 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.

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 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 notify the Contractor in writing within five business days of completing an inspection 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. 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 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. Partial payment does not constitute final inspection approval.

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.

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.

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.

SHAPEFILES/MAPS

Maps and/or shapefiles are attached in the Buyer Attachments Section of this solicitation. If bidder needs additional maps/files, please specify the type in the Q&A Section of this solicitation. Maps are provided for informational purposes only.

QUESTIONS:

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. Acreage will be measured using GIS technology on a flat plane. No adjustments will be made for slope. 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.

EQUIPMENT:

Bidders must provide the make, model and horsepower rating (specify flywheel, PTO or wheel HP) of the tractors and/or other equipment to be used with the bid SUBMITTAL.

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. A subcontractor 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 the successful bidder.

SECTION III – MAPS, DRAWINGS AND OTHER INFORMATION

See Next Page

Map 1: General Location Map

Map 2: Unit 1 Map

Map 3: Unit 2 Map image1.jpeg image2.jpeg image3.jpeg