A04_SOW.pdf

PERFORMANCE WORK STATEMENT (PWS)

Little Yellow River Restoration Project: Albreit Lateral Ditch Fill and Tree Removal on Necedah National Wildlife Refuge

Part 1

GENERAL INFORMATION

1. GENERAL: This is a non-personnel services contract to remove trees, construct a mineral soil ditch plug, soil leveling, and filling 0.2 miles of ditch within a part of Albreit Lateral Ditch; and construct a 130’ long 8’ wide scrape to increase hydrologic connectivity with adjacent wetlands for the US Fish and Wildlife Service (USFWS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction:

a. Base Award: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to: 1) remove all trees and stumps from on top of both banks of the Albreit Lateral Ditch and deposit trees in the ditch; 2) perform soil leveling to original ground elevation (i.e., push in both sides (east and west side) of dirt from ditch bank on top of felled trees in ditch) to fill 0.2 miles of ditch and construct a 200’ long ditch plug to deter water flowing from north to south; and 3) excavate a 130’ long by 8’ wide scrape to improve hydrologic connectivity between Albreit Lateral and east towards Goose Pool (Attachment 1). The contractor shall perform the standards in this contract.

1.2 Background:

This project involves filling in approximately 0.2 miles of ditch (Albreit Lateral) within the Lower Yellow River Watershed (HUC 10). Albreit Lateral is to the east of recently completed Neal Lateral project on Necedah NWR within Juneau County, adjacent to 9th Street and Goose Pool on the refuge.

Some of the water flow from Neal Lateral project is flowing south/southeast direction towards Albreit Lateral. The objective is to retain and control water flowing south towards 9th Street.

The purpose of the project is four-fold: 1) restore or enhance roughly 85 acres of wetland; 2) remove ditch-side spoil banks, thereby reducing beavers’ ability to dam ditches and culverts; 3) retain water from Neal Lateral in West Goose Pool and 4) decrease additional hydrological pressure onto 9th Street to the south associated with high water-whether caused by large precipitation events, snowmelt or beavers.

1.3 Objectives:

• Clear all trees on the top and sides of the spoil bank on both sides of the ditch using heavy equipment (e.g., dozer, road grader, etc.). The USFWS/Government will flag ditch plug locations. Elevation of plug tops will be no more than 0.5’ above that of the adjacent land east and west of the ditch. The ditch will be filled with removed trees and stumps and ditch bank spoil; the finished elevations will match the elevations of the adjacent land.

• Excavate a channel adjacent to Albreit Lateral ditch plug into wetland area to redirect water flowing to the east leading to Goose Pool.

1.4 Scope:

Tree removal: Albreit Lateral ditch bank is wooded and will require trees and stumps to be removed.

The trees, stumps, slash and other biomass must be put in the ditch, except where the ditch plug will be constructed only with mineral soil (Attachment 1).

Plug construction: Ditch plugs will be constructed in accordance with Natural Resources Conservation Service (NRCS) standards (Attachment 2). One ditch plug will be installed (at the north point). Organic debris (e.g., trees, large limbs, beaver dams, etc.) must first be removed from the ditch plug footprint prior to plug construction; ditch plug must be constructed of mineral soil only. The plug will be 200 feet in length and have a final elevation of 10% greater than their height to allow for settling—the overage ranges from 2 to 6 inches depending on ditch depth at the specific location. Elevation of plug top will be no more than 0.5 feet above that of the adjacent land east and west of the ditch. Albreit Lateral ditch is ~50 feet wide, 3 feet high and 1,056 feet long (~0.2 miles). The Contracting Officer Representative will determine final elevation and notify contractor if any final adjustments are needed.

Final leveled areas: In the ditch south of the dirt plugged location, all trees, slash, other existent debris and excess spoil above natural grade will be pushed into the ditch in the most efficient manner; trees may be placed over sand, or visa-versa then covered with dirt. Final grade should follow natural (pre-ditch) elevations. No further work will be required.

Channel: Construct a 130’ long scrape approximately 8’ wide with bottom elevation of 940’. This scrape will increase connectivity of wetlands between West Goose Pool and Goose Pool (Attachment 1).

1.5 Period of Performance:

Base Award: The period of performance would be from December 1, 2026 to April 1, 2027, to avoid incidental take of bats or nesting birds. USFWS will complete the Section 7 of the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act to determine Area of Potential Effects (APE).

1.6 General Information:

Travel can occur on 9th Street, Goose Pool levee and a service road that leads to the north part of the Albreit Lateral Ditch project area; no wayward off-road driving is permitted in any type of vehicle or equipment. Options for site access and all equipment storage and environmental concerns will be addressed during project meetings.

1.6.1 Quality Control:

NA.

1.6.2 Quality Assurance:

USFWS shall evaluate the contractor’s performance under this contract in accordance with this Performance Work Statement. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays:

The Contractor is not required to perform work on any Federal holidays during the period of performance.

These include: New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

1.6.4 Hours of Operation:

The contractor is responsible for conducting business between the hours of sunrise to sunset Monday through Friday, except for Federal holidays at the Contractor’s option. The Contractor may seek permission from Necedah NWR staff to conduct business on Saturday and Sunday as well, but this must be approved by the refuge prior to any work beginning on these days. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance:

The work to be performed under this contract will be performed at Necedah NWR in Juneau County, WI.

The project site is approximately 4 miles west of Sprague, WI ; adjacent to 9th Street (44.1449, - 90.21087). The nearest basic facilities are 11 miles southeast in Necedah, WI. The Necedah NWR headquarters are located approximately 6.5 miles southeast of the project site.

1.6.6 Type of Contract:

The government will award a firm-fixed price.

1.6.7 Gate Locks:

The project site is not located within a publicly accessible area; however, a gate code will be issued for one of the refuge gates located on Goose Pool, if necessary. Otherwise, access may be possible from 9th Street. This will be discussed during the project meeting.

1.6.8 Post Award Conference/Periodic Progress Meetings:

Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with the Federal Acquisition Regulation. The contracting officer, Contracting Officer Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the government.

1.6.9 Contracting Officer Representative: The Contracting Officer Representative is Brad Strobel, who can be reached via phone at 608-377-3965.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

Assure that the contractor performs the technical requirements of the contract Perform inspections necessary in connection with contract performance Maintain written and oral communications with the contractor concerning technical aspects of the contract Issue written interpretations of technical requirements, including Government drawings, designs, specifications Monitor contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies Coordinate availability of government furnished property, and provide site entry of contractor personnel

A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel:

The following personnel are considered key personnel by the government: Site Project Leader, Contracting Officer Representative (COR), and Contract Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the Manager is absent shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 8:00 a.m. to 4:00 p.m., Monday through Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11 Identification of Contractor Employees:

All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.12 Contractor Travel:

Contractor will be responsible for all travel cost and scheduling of travel.

1.6.13 Other Direct Costs:

At the contractor’s option, partial payments can be made to cover the cost of equipment and materials obtained by the contractor for this project. Final payment will be made upon Refuge acceptance following total completion of the project by the contractor. Upon completion and acceptance of all work and receipt of a proper invoice, the contractor will be paid the balance of the firm/fixed-price of the contract.

1.6.14 Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR

A supplier or vendor awarded a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER

A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. Contracting Officer Representative (COR)

An employee of the U.S. Government appointed by the contracting officer to represent the government on site. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE

A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE

Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL

Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY

Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE

The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY CONTROL

All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10. SUBCONTRACTOR

One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.11. WORKDAY

The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK

Monday through Friday, unless specified otherwise.

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will not provide any services for this contract, except the maps and staked locations of the ditch plugs/fill, final elevation of Goose Pool low water crossing elevation, and two (2) flex-a-mats for the Goose Pool low water crossing. The Government will obtain Section 7 and Section 106 clearance and wetland conservation general permit from the Wisconsin Department of Natural Resources.

3.2. Facilities: The Government will not provide and facilities for this contract.

3.3. Utilities: The Government will not provide any utilities for this contract.

3.4. Equipment: The Government will not provide any equipment for this contract.

3.5. Materials: The Government will not provide any materials for this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General:

The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.1.1 Equipment:

The Contractor shall furnish all equipment to adequately preform the requested job.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASK:

The contractor will conduct an initial site visit with Necedah NWR staff for access arrangements and to ensure proper identification of the project site and firebreak. Contractor will then mobilize their heavy equipment. Soil and ground disturbance is expected due to the nature of heavy equipment; however, the contractor should make attempts to fill in or smooth over the cleared areas to minimize large ruts and tracks left behind.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable Federal and State regulations and laws applicable to this project.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. LIST OF PROJECT ATTACHMENTS:

7.1. Project Overview Map

7.2. NRCS Ditch Plug Standard Diagram

Attachment 7.1

The project site is approximately 4 miles west of Sprague, WI; adjacent to 9th Street (44.1449, -90.21087), on Necedah National Wildlife Refuge in Juneau County, WI.

Attachment 7.2. NRCS Ditch Plug Standard Diagram

Ditch plug to be 200’ long.