Attachment B Scope of Work.docx

Attachment B Scope of Work Nash Wash Horse Pasture Fence Project

NC25-20

PROJECT: Nash Wash Horse Pasture Fence removal and reconstruction project LOCATION: Project is located in Grand County northeast of Moab, Utah and North of Interstate 70.

Introduction: Utah Division of Wildlife Resources (UDWR) and the Bureau of Land Management Moab Field Office are requesting Services in this contract to remove and reconstruct up to 20,480feet (~ 3.9 miles) of 4-strand barbed wire fence to the specifications listed below. Approximately, 20,480feet (~ 3.9 miles) would be removed and reconstructed on the eastern pasture boundary.

Total feet awarded will be dependent on availability of funds.

See the attached map for project layout and fence line. This task order includes the Contractor to furnish labor, equipment, supervision, transportation, operating supplies, and incidentals.

SECTION I – CONTRACT REQUIREMENTS

1) FENCING SITE SPECIFICS:

Location and Description: Work under this Contract is located within the Cisco allotment north of Interstate 70 northeast of Moab, in Grand County, Utah. The legal locations of the treatment units are Township 20 South, Range 21 East, Sections 24, 13 and 12, Township 20 South, Range 22 East, Sections 7 and 6, Salt Lake City Baseline Meridian. The work location is shown on the attached vicinity and treatment unit map. Elevations range from 5,000 feet to 5,500 feet within the project area.

Access to the site: Access is possible by a combination of paved highways, county, BLM dirt surface roads, and overland hiking. Vehicle travel is limited to designated routes; off road/trail vehicle travel is prohibited. The contractor can request authorization to use and refuel tracked machinery off of authorized routes from the Moab Field Office.

SPECIFIC TASKS:

Work Limits: This is a “four strand wire fence” removal and reconstruction contract. This project specifically entails removal and reconstruction of approximately 20,480feet (~ 3.9 miles) of 4-strand barbed wire fence to the specifications listed below( a sub portion of that length may be converted to net wire with barbed on top). The reconstructed fence will need to be constructed with necessary support posts and bracing. At road crossings with cattle guards (3 known) the cattle guard would be left unfenced, and the gate would be adjacent to the cattle guard. Gate locations are identified on the map and can be discussed at the pre-work conference. Because of the accessibility of the work site, it may be advantageous for contractors to utilize mobile fencing equipment such as tracked machines with post drivers or augers capable of negotiating the terrain. The site consists of some shrub/grass flats, with some pinyon/juniper hills and some drainage crossings. Fence location, boundaries, site maps, and access points will be reviewed at a pre-work conference.

Following are details and specifications.

The contractor will be required to remove all old wire, stays, braces, and items associated with existing fence (if it is determined to be beneficial, posts that stable can be left in place with new posts placed between). Dispose of all materials such as metal or concrete fence posts by recycling at an approved recycling facility or reuse, where appropriate. Posts appropriate for reuse would be t-posts that are straight, plumb, and securely in the ground. Dispose of organic materials such as wooden fence posts and woody vegetation by removal to an approved landfill or recycling center. As with the fence construction the contractor can request authorization to use and refuel tracked machinery off of authorized routes.

The Contractor is required to supply all wire to be installed (the posts, clips etc. will be supplied by DWR), and shall furnish all labor, equipment, and materials to complete the work. All material furnished by the contractor shall be new and shall conform to the specifications referred to herein. Fence material installed becomes the joint property of the Division of Wildlife and Bureau of Land Management.

Specifications that Apply to All Fences, Braces, and Posts. (See attached drawings for examples)

· New Wood posts, Steel posts, etc. shall be set plumb (vertical), in complete alignment, dirt packed solid and to be sturdy.

· Wood braces will be attached together with screws or nails and NOT just wired together.

· Completed fences shall be in alignment, taut, and solid at all points.

· Wire spacing will be measured perpendicular to the ground.

· All four strands of wire to be 12 ½ gauge, barbed 2 pt. bottom strand smooth wire.

· Tie wire for braces to be 9-gauge steel.

· All wire spacing will be 16 inches (smooth), 8 inches (barbed), 8 inches (barbed), and 12 inches (barbed), measuring from the ground up.

· Height of top strand from ground shall be 44 inches.

· Minimum length of 6 ft high quality steel t-posts to be used.

· Steel t-posts shall be pounded into the ground such that the spade is completely buried.

· Minimum length of 8 ft. treated wood posts to be used.

· Wood posts shall be buried 3 ft.

· Maximum spacing between each post shall be 10 feet or as agreed upon(if we are leaving the existing wood posts this spacing may not match).

· Line Braces every ¼ mile with additional braces where additional stability is required.

· All braces will be Treated Wood posts.

· All corner braces will be constructed from wood “H” style braces.

· Wood post braces shall be used to support gates.

Additional materials may be needed. It is solely up to the Contractor to acquire these materials based on his or her individual assessment of requirements needed to complete this project based on the specifications listed in this contract.

The UDWR project manager and/or BLM project inspectors will do periodic inspections which may include compliance monitoring plots to ensure consistency with contract specifications.

Records and Notification: The Contractor shall maintain adequate records to allow the Division of Wildlife Resources 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 percentage and (6) supervisor signature and date.

Written notice of completed acreage shall be submitted to the Project Manager on a biweekly basis.

CONTRACTOR FURNISHED EQUIPMENT:

The Contractor shall furnish all labor, equipment, supervision, transportation, operating supplies and incidentals to perform all work as set forth in the specifications.

GOVERNMENT FURNISHED PROPERTY:

Government equipment include:

· T posts

· 8” wooden treated posts

· Fence Clips

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 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. Vehicles must not be operated or driven off identified roads or trails unless authorized by the Cedar City District Ranger. All-terrain vehicles may be used within project areas as long as vehicle use is restricted to existing roads and motorized trails unless authorized by the Cedar City District Ranger. All created visible trails and/or ruts will be reclaimed at the expense of the contractor.

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 ground equipment will be restricted during periods of wet soil. This is defined as any time the equipment ruts greater than 2 inches in a moist soil. The preferred time of treatment is when soils are dry, and frozen or snow levels are sufficient to prevent tracks from encountering soil.

3. The following activities should be avoided in Aquatic Management Zones (100 feet from all streams, springs, ponds, and wetlands unless otherwise specified) and within 50 feet of intermittent streams:

· Servicing, refueling or staging of equipment (within 150 feet of all riparian areas) unless the area is already disturbed

· Use of heavy equipment unless it is authorized by the Zone Hydrologist or Forest Fish Biologist.

· Activities that would reduce potential groundcover below 80 percent.

· Cutting of deciduous riparian vegetation.

4. Machinery should avoid repeatedly using the same routes and any machinery routes that cause soil damage, or could become obvious travel corridors, will be ripped and/or brushed over at the expense of the contractor.

5. Project implementation ingress and egress routes will be rehabbed at the expense of the contractor in accordance with methods described in A Guide for Road Closures and Obliteration in the Forest Service (USDA, 1996). No temporary road construction will occur.

6. Stream crossings for equipment (perennial and intermittent) should be coordinated with the Project Manager and the District Hydrologist).

7. Ground disturbing heavy equipment and other equipment will be thoroughly washed and inspected, prior to entering National Forest System Lands, to remove dirt, mud/soil, debris, and plant materials at an off- forest location prior to being transported to the project site.

8. Protect all range improvements (fences, gates, water developments, ponds, and pipelines) during implementation activities. Any damages incurred as a result of implementation must be restored to pre- implementation functioning condition at the expense of the contactor.

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 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 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 (understands and can speak English well enough to effectively communicate with the Project Manager and inspectors), whom 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 Forest Service. 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 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. 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 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 Forest Service and UDWR 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. The contractor needs to provide at least 7 full days’ notice of when they plan to arrive on site.

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 and Forest Archaeologist 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 October 30, 2024.

It is the Contractor’s sole responsibility to complete contract performance on time regardless of Contractor’s current work-load, 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 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.

SITE VISIT

SECTION II – BID REQUIREMENTS/INFORMATION

A Mandatory Site Visit will be held before bidding on Thursday, August 29 at 10:00 AM MST. Meet at the provided pin, Northeast of Moab, Utah, and North of Interstate 70 near Grand County, UT. https://www.google.com/maps/place/38%C2%B057'39.7%22N+109%C2%B023'29.2%22W/@38.9610205,-109.394006,17z/data=!3m1!4b1!4m4!3m3!8m2!3d38.9610205!4d-109.3914311?hl=en-US&entry=ttu The site visit will start at 10 AM sharp. All late arrivals will be asked to leave. Please show up early.

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.

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 per line item cost per lineal foot, and may be awarded per line item as well. The per-lineal foot price will be extended based on the quantity of lineal feet to show a total project price. Lineal feet 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.

SCHEDULE OF ITEMS

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

DOCUMENTS INCORPORATED BY REFERENCE:

All maps, pictures, drawings and other documents/information provided in this section, or otherwise referenced in section one of this contract are hereby incorporated by reference in the final contract document.

Figure 1. Boundary fence removal and reconstruction vicinity map.

Cedar Post “H” Brace

9 Gauge Twisted Cross Brace

Steel 6’ “T” Post

60”

42”

12”

8”

Barbed Wire

8”

14” Barbed Wire

Buried Posts 36”

Ground Level

Buried Spade

Drawing of typical corner brace.

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