A04_SOW___PWS_revised_Amend_0001_0001.pdf

PERFORMANCE WORK STATEMENT (PWS)

Mechanical Hazard Fuels Reduction for the Balcones Canyonlands NWR

(Fuel Break)

Part 1 General Information

1. GENERAL: This is a non-personnel services contract to provide fuel reduction treatments of 30 acres for the US Fish & Wildlife Service. 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:

1.1.1. Base Award: The work consists of the contractor furnishing and providing all labor, personnel, supervision, equipment, training, transportation, tools, materials, operating supplies, and any other incidental items and services necessary for performing mechanical fuels reduction.

The contractor can utilize mechanized equipment, however much of the treatment will require difficult and labor-intensive handwork. Work involved will include the use of chainsaws or other hand cutting tools to cut trees, brush, and lower branches, slashing of cut trees, and hand pullback or piling of cut slash. The contractor is responsible for familiarizing themselves with the work unit areas, as well as with the nature and scope of the contract requirements and specifications.

1.2. Background:

The Balcones Canyonlands NWR would like to reduce fuel loadings on federal lands and adjacent private lands. The fuel reduction will include the cutting of entire trees in certain treatment units while other treatment units will only be removing understory vegetation. These treatments will reduce the potential for high intensity crown fires, protect habitat and reduce risk to responders and the public. The project areas contain varying large quantities of Ashe juniper trees, commonly referred to as “cedar”. Some portions of the unit(s) lack juniper, while other portions of the unit(s) contain very dense thickets of juniper.

Additionally, some of the juniper trees are single or double-stemmed. However, the vast majority of the trees and saplings are multi-stemmed, with very low tree branches. Additionally, other species present include, among others, the following: live oak, Spanish oak, post oak, cedar elm and mesquite, as well as cacti spp. In general, the work sites are variably rocky and gravelly. The terrain is variably flat to gently sloping, with occasional steep slopes. The areas contain a variety of flora and fauna. The fauna present on the Refuge, and within the Balcones Fire District include, among others, the following: turkey, quail, deer, snakes (including rattlesnakes and copperheads), coyotes, foxes, feral pigs, scorpions, spiders, bees, wasps, fire ants and other biting insects. Additionally, the units within the Refuge were previously private property and were used primarily for ranching. Therefore, there is a possibility of finding some barbed wire and other ranching-related items, materials and debris present within each unit. Due to the variable site conditions, all contractor crew personnel shall be alert and observant for any potential hazards. Contractor personnel must be able to adjust to variable site conditions, to successfully complete and perform the contract work requirements, with the variable site conditions and vegetation types within each treatment unit.

1.3. Objectives:

Part 5 of this document will outline the task requirements. The treatment task worksheet will identify specific task requirements required for the attached map

1.4. Period of Performance:

The work performed under this contract shall be completed between July 15 and March 1. The preferred start date is October 1 of the same calendar year from the award date of this contract extending in consecutive dates until the performance is completed. There is no provision for automatic extension of this contract. The Contracting Officer (CO) and Refuge management staff shall approve contract extensions in advance.

1.4.1. Hours of Operation. Normal hours of operation for this contract shall be conducted Monday - Friday, from 7:00 am - 5:30 p.m.

1.4.2. Recognized Federal Holidays. The contractor is not required to provide contract services on the following observed Federal holidays: New Year’s Day, Martin Luther King’s birthday, President’s Day, Memorial Day, Junteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving and Christmas Day.

1.4.3. Work Outside of Normal Duty Hours. If the contractor requires work other than during the normal hours as previously stated, then a variance is required. The contractor shall request (in writing), to the Contracting Officer (CO), a variance to request working other hours or work any additional hours.

1.4.4. Work Schedule. The contractor shall have a written plan and work schedule in place that identifies the following: proposed start-up date, anticipated production rate, crew size and the anticipated completion date for each unit.

1.4.5. Communications. The Contractor shall maintain regular communications between the CO, and the COR and Refuge Management staff to ensure that the work is being completed timely and properly.

Any matters of concern shall be brought to the attention of all of the above people.

1.5. Quality Control:

The contractor shall establish and maintain a complete Quality Control Plan (QCP), to ensure that the contract requirements and specifications are fulfilled. The plan shall include the following:

1.5.1. Inspection System. An inspection system covering all of the services specified in this Performance Work Statement (PWS) is required. It must specify the areas to be inspected and how often the inspections will be accomplished, with the title of the individual(s) who will perform the contract inspections.

1.5.2. Identification and Prevention. The methods for identifying and preventing defective items/tasks in the quality of service performed before performance becomes unacceptable.

1.5.3. Records. Records of all inspections conducted by the contractor and necessary corrective action taken shall be documented. This documentation shall be made available to the Government during the term of the contract.

1.5.4. Government Review. The QCP shall be submitted to the COR for approval. If the plan is not adequate as submitted, then the deficiencies will be identified to the contractor in writing. The contractor shall correct all identified deficiencies and shall submit a revised QCP prior to the contract start date.

1.6. Quality Assurance:

Government personnel shall be appointed to monitor this contract and monitor and review contract work performance. Government personnel will inspect and accept or will reject the services performed by the contractor, as specified by the requirements and terms of this contract.

1.6.1. Government Evaluation. If Government Quality Assurance (QA) checks or inspections reveal that any contract provision or requirement has not been fulfilled or met, a Contract Discrepancy Report (CDR) shall be prepared. The report will identify (1), why the performance was unacceptable; (2), how to correct performance discrepancies; and (3), how to mitigate future performance discrepancies.

1.6.2. Performance Evaluation Meetings. The meetings shall focus on success of the contractor and address potential problems encountered or other concerns. A mutual good faith effort shall be made by all parties to resolve all concerns, issues, and matters.

1.7. Place of Performance: The work to be performed under this contract will be performed at the Balcones Canyonlands NWR, Marble Falls, Texas (located 21 miles east of Marble Falls).

1.8. Type of Contract: The government will award a firm-fixed price contract.

1.9. 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 Federal Acquisition Regulation Subpart 42.5. The contracting officer, Technical Representative (TR), 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.

1.10. Technical Representative (TR): The (TR) will be David Carrera 830-220-4606 and Carl Schwope 512-234- 1999. The TR monitors all technical aspects of the contract and assists in contract administration The TR 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 TR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the TR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The TR is not authorized to change any of the terms and conditions of the resulting order.

1.11. Key Personnel: The following personnel are considered key personnel by the government: Contract Manager and Site Project Leader. 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 am to 5:00 pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.12. 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.

1.13. Contractor Travel: Contractor will be responsible for all travel costs and scheduling of travel.

1.14. 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.

1.15. 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. Technical Representative (TR). 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 requirement.

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. WORK DAY. 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.

2.2. ACRONYMS

ATV All Terrain Vehicle CDR Contract Discrepancy Report CGS Contracting and General Services CI Contract Inspector CO Contracting Officer COR Contracting Officer’s Representative GPS Global Positioning System MSDS Material Safety Data Sheet OSHA Occupational Safety and Health Administration PPE Personal Protective Equipment PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan SFB Shaded Fuel Break SOW Scope of Work SPP Species TCEQ Texas Commission on Environmental Quality WQL Work Quality Level WQP Work Quality Percentage WUI Wildland Urban Interface

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.

3.2. Facilities: The Government will not provide any 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 Part 3 of this PWS.

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

PART 5

SPECIFIC TASKS

5. SPECIFIC TASK:

Some of the fuel reduction tasks vary between each treatment unit. The contractor will conduct an initial site visit with refuge staff ensure proper identification of each area to be treated, tasks to be performed, and access to the work area.

5.1. Fuel Reduction Tasks

The following is a list of the contract project tasks that are to be completed by the contractor. PLEASE NOTE: for each treatment area, a Task Worksheet will be completed. Only the tasks identified on the Treatment Task Worksheet are to be performed and completed by the contractor.

5.1.1. CUTTING JUNIPER. The contractor shall completely cut juniper trees and saplings, as summarized:

• All juniper trees greater than (>) 36 inches tall. (See exception 1 below).

• Maximum stump height shall not exceed 6.0 inches tall. (See exception 2 below)

• All live branches and limbs shall be cut within 3.0 inches of the stump.

• Exception 1: No single or double stemmed juniper trees greater than six inches (> 6.0 inches) diameter shall be cut.

• Exception 2: Larger multi-stemmed juniper trees with ground-level branches shall not have a stump height greater than 24 inches tall.

5.1.2. CUTTING of OTHER BRUSH and TREE SPECIES. The contractor shall completely remove other species of trees and/or brush, as summarized:

• All saplings, small trees, and brush species less than four inches (<4.0 inches) in diameter.

• All juniper trees less than 36 inches tall.

• Maximum stump height shall not exceed 6.0 inches tall.

5.1.3. CUTTING of SHINNERIES. The contractor shall completely cut woody vegetation within units designated as shinneries as summarized:

• All woody species greater than (>) 36 inches tall.

• Maximum stump height shall not exceed 6.0 inches tall.

5.1.4. SLASHING of CUT TREES

• All limbs remaining on cut juniper trees shall be slashed from the bole so that the remaining tree shall have no part greater than 36 inches from the ground.

5.1.5. FENCE-LINE CLEARING: The contractor shall completely cut, slash, and remove all unwanted trees and brush along (and in) the fence-lines, as summarized:

• All trees and brush shall be completely cut and severed along (and in) the fence-line.

• All trees, branches, and brush must be removed from the fence-line.

• All accumulated slash and brush shall be pulled back and removed from the fence-line a minimum of ten feet.

5.1.6. SLASH PULLBACK. The contractor shall move and relocate accumulated slash away from designated No-Cut trees, fence-lines, roads and trails, buildings, etc. These areas will be designated by the government on the site map. Slash pullback can be done by machine if approved by the COR. All slash pullback shall follow the criteria, as summarized:

• Slash will be pulled back a minimum of 10 feet from the designated unit perimeters, fence lines, utility lines, and buildings.

• Slash will be pulled back a minimum of 5 feet from the designated roads and trails.

• Slash will be pulled back a minimum of 10 feet from drip line of the designated trees.

• Pulled slash will be scattered and not piled. This will require areas with heavy slash to be pulled a greater distance so that no piling occurs and all slash is exceeds the minimum pull back requirements.

• Exception will require COR approval on case by case basis depending on the availability of open areas for the piled slash.

5.1.7. UNDERSTORY THINNING – Shaded Fuel Break (SFB). The contractor shall follow and comply with the following criteria and requirements for establishing shaded fuel breaks (SFBs).

They are as summarized:

Treatments which apply to all zones:

• Remove fallen dead wood, dead limbs, small shrubs, and low branches with green foliage up to the target height. This includes junipers and all other woody vegetation but excludes both deciduous and live (evergreen) oaks.

• Low branches which have foliage above the target height (i.e. contributing to canopy layer) are to be pruned and not removed from the bole.

• When removing dead limbs and low branches, the crew shall not scar up the trunk (bole) of the tree. Remaining branch stubs shall not exceed 1 inch in length.

Special rules for trees less than 10cm in diameter:

• Zone 1 - If removing green foliage (pruning) would remove greater than 40% of the canopy on small trees less than 10 cm (4 inches) in diameter, remove the whole tree.

• Zones 2 and 3 - In each thinning, trees less than 10 cm in diameter and greater than 1 meter in height, remove ½ of trees (select less dominant trees), the remaining ½ (select dominant trees) would be pruned to 1 meter.

Special rules for portions of treatment that do not have a canopy overstory (open-spaces):

• Trees existing in portions of the treatment area that do not have a canopy overstory should be pruned up to one meter. Trees competing for the same canopy space should be thinned to favor the dominate tree(s).

• The woodland margin around the open-space will be treated using the zone 1 criteria.

Target Height:

Zone 1: 0-5 Meters (Woodland Margin):

Target height is 1.8 meters (6 ft).

Zone 2: 5-20 Meters

Target height is 1.5 meters (5 ft).

Zone 3: 20-30 Meters

Target height is 1 meter (3 ft).

5.1.8. UNDER STORY THINNING. The contractor shall follow and comply with the following criteria and requirements for establishing shaded fuel breaks (SFBs). They are as summarized:

• Remove fallen and standing dead trees and limbs up to six feet (6ft) above the ground. Large fallen trees with boles greater than six inches (6in) in diameter can remain on the ground once all the smaller limbs are removed.

• Trees less than four inches (4in) diameter, competing for the same canopy space, should be thinned to favor the dominate tree(s).

• Remove low branches, from juniper trees, with green foliage up to six feet (6ft) above the ground. Low branches, which have foliage above six feet (6ft) and contribute to the tree canopy layer are to be pruned and not removed from the bole.

5.1.9. MACHINE-PILING of SLASH. The contractor shall hand-pile or machine-pile the accumulated slash on the treatment units, as summarized:

• Slash piles shall not exceed 15 feet in height.

• Slash piles shall not be located within ten feet of the drip line of any standing trees.

• Slash piles shall not be located within ten feet of any fence-line, road or trail.

• Slash piles shall not be located within 30 feet of any buildings, fuel tanks, or utility lines.

• Slash piles shall not contain soil, trash, or any other debris.

5.1.10. HAND-PILING of SLASH. The contractor shall hand-pile the accumulated slash on the treatment units, as summarized:

• Slash piles shall not exceed 4 feet in height.

• Slash piles shall not exceed 6 feet across at the greatest part of the pile.

• Slash piles mid-point shall not be directly under a tree canopy.

• Slash piles shall not contain soil, trash, or any other debris.

• Larger woody debris greater than 6” diameter can be excluded from slash piles and left on ground perpendicular to the slope.

5.1.11. CHIPPING or GRINDING of ACCUMILATED SLASH. The contractor shall chip or grind all accumulated slash, as summarized:

• All dead branches and accumulated slash shall be chipped or be ground up within the identified treatment unit areas.

• All chippings shall be consolidated in piles.

• All chips shall be less than 2 inches in length.

5.2. General Tasks

5.2.1. Conflicts with Other Government Use. The contractor shall acknowledge that this project is on a

National Wildlife Refuge and shall agree to move their personnel, equipment and their operations at their expense at the direction of the Government if there is a potential conflict with other requirements for Government use. In the event of interference due to other requirements, the Government shall grant additional time to complete the contract work requirements, based on a day for day basis. A revised work schedule from the contractor will be required.

5.2.2. Wildland Fires. The contractor shall familiarize all employees with the Refuge’s fire prevention regulations, as stated in the Refuge’s Step-Up Plan. Fire tools and fire extinguishers shall be present on-site and shall be readily available for usage. All fire tools and fire extinguishers shall be in good useable, working condition.

Any fire start should be reported to the Government immediately. If no immediate contact with the Government is made, then the fire should be reported to 911. All starts should be suppressed immediately. If the fire cannot be suppressed immediately, within two minutes, then evacuation of the crew will be the priority. The contractor and crew should make an initial effort to suppress any starts, but it is the responsibility of the Government to suppress any wildland fires.

5.2.3. No smoking is allowed in the work area, except near the designated smoke break area. Such an area shall be completely free of slash, trash and debris, be on exposed gravel, rocks or bare mineral soil and be away from all hazardous materials, including fuel oil, grease, etc.

5.2.4. Daily & Weekly Reports. On the days that the contractor works, a Contractor’s Daily Inspection Log will be completed by the contractor. The contractor shall provide the following information to the Contracting Officer’s Representative (COR): unit name, contractor crew personnel names working on-site, position title, hours worked by each person, weather conditions, type of work performed, work completed, problems, injuries, work related illnesses, and adverse conditions.

Inspector’s Daily/Weekly Log will be completed by the COR or the designated representative. The Government may, at its discretion, exercise the right or may exercise the option of using Weekly

Inspection Reports. Weekly production rate information and data will also be requested from the contractor, along with future estimated projection information for completing each unit.

5.2.5. Licenses and Permits. The contractor is responsible for acquiring and maintaining all licenses and permits and other needed documents required to complete and execute the provisions, requirements and tasks under this contract, without any extra delays, expense or burden to the Government.

5.2.6. Vehicles. Highway vehicles owned or leased by the contractors shall be kept in good operating condition and shall be properly insured, licensed and registered. ATV’s may be used. All vehicles and ATV’s must remain on designated roads and shall be operated safely, with proper safety gear.

5.2.7. Cut Materials. If the contractor desires to remove any cut juniper woody material (e.g. “cedar posts”) from the work area, then the contractor shall request permission from the COR in writing prior to removing any woody material from the Refuge. The gathering and taking of such woody material from the sites shall not interfere with (or delay) the contractor’s work schedule, or work performance, for meeting required deadlines, and contract schedules. Also, it shall not interfere with the environmental and natural resources protection requirements on the Refuge.

5.2.8. Cutting/ Slashing on Excessively Steep Slopes and Terrain. Contractor crew personnel shall use common sense and use good judgment when working in steep terrain. For steeply-sloped areas within the designated cutting units, the following criteria and guidelines shall apply and shall be implemented by contractor crew personnel, as follows: Do not cut any juniper on steep slopes and creek banks greater than 45 degree slope. Common sense rule: If you can't stand comfortably and safely on a hill or a slope in a work area, then don't cut there.

5.2.9. Security of Materials. The contractor may leave their equipment and supplies at the work site.

However, the contractor is hereby advised that the Government assumes no liability or responsibility for the stored equipment or supplies on Government lands or on private lands. Also, the contractor shall provide their own locks for usage of gated roads. The contractor’s lock(s) shall not bypass any of the Service’s gate locks on any gate at any time. All gates shall be locked and secured at all times.

5.2.10. Suspension of Work. The CO will have the full authority to suspend the work at anytime for such period as deemed necessary, due to fire conditions, unsuitable weather, or any other unfavorable conditions for the satisfactory execution of the work.

5.3. Safety and Health Tasks.

5.3.1. All accidents or incidents shall be reported immediately to the COR. The contractor shall be responsible for their own job/work hazard analysis. The contractor shall mitigate for all site and work hazards and take all necessary actions to prevent or minimize these job hazards. The contractor should provide and utilize ergonomic-friendly and vibration-resistant equipment and tools or shall provide vibration-resistant PPE.

5.3.2. Work Safety. The contractor shall perform their work in a safe manner in full compliance with all Federal (including OSHA), State and local laws, policies, rules, regulations and requirements.

5.3.3. Equipment Safety. All equipment shall be maintained in good operating condition. All safety precautions and requirements shall be implemented and complied with when using any tools or equipment according to manufacturer’s specifications. All safety devices shall be in place and function properly on all equipment being used.

5.3.4. Employee Safety. The contractor is responsible for having an approved safety plan and an emergency plan. The contractor is responsible for having safety briefings and safety training. Also, the contractor shall be liable and responsible for ensuring that all contractor personnel are wearing, and using the proper personnel protective equipment (PPE) and supplies, for performing the work duties and tasks under this contract, in a safe and proper manner. Such PPE shall include (but not be limited to) the following: chain saw chaps, steel-toed boots (or boots with foot protection), hardhat, long-sleeve shirts and pants, safety glasses or goggles, ear plugs and leather gloves.

5.3.5. Human Sanitation. The contractor is responsible for providing their own mobile/portable sanitation or latrine facilities, including (but not limited to) honey buckets, sanican, portable wash stations, potable drinking water facilities etc. The contractor shall ensure that all human waste is safely and properly disposed of and not dumped on any Government facilities or Government property or on any private property.

5.3.6. General Housekeeping. The contractor shall be responsible for the proper handling and proper transport and disposal of all waste products, including (but not limited to) general trash/waste, human waste, hazardous materials and hazardous waste. The work areas within each unit shall be kept clean and free of all trash. ALL trash is to be picked up and removed daily.

5.4. Resource Protection Tasks.

5.4.1. The contractor shall comply with all Federal, State and Local laws, policies, regulations and standards, regarding environmental pollution listed as mandatory. This includes, but is not limited to the following agencies: OSHA, DOT, TCEQ, DPS, etc. All environmental pollution issues and matters shall be coordinated through the COR or his designated representative. Citations issued to the contractor for non-compliance with environmental standards, rules and regulations are a matter for resolution between the contractor and the issuing office of the US EPA, USDI-U.S. Fish & Wildlife Service-Ecological Services, TCEQ, or other regulatory authorities. The Refuge Manager is the coordinator for all environmental concerns at the Balcones Canyonlands National Wildlife Refuge. The contractor shall make contact with the Refuge Manager through the COR.

5.4.2. Hazardous Materials. The contractor shall ensure that a current, up-to-date Material Safety Data Sheet (MSDS) is readily available for each product, as well as listing a product identification number. ALL hazardous materials shall be properly stored in approved storage containers. The hazardous materials contents shall be in approved, labeled containers. No hazardous materials or waste shall be left unattended out in the open, or left out in sunny areas or spots, due to potential leaking, or swelling of the container, as well as potential vaporization of the contents of such hazardous materials. This is a primary concern for all petroleum fuel products. Any hazardous materials that are used on site by the contractor shall have absorbing pads or other approved alternate containment protection underneath them or have other alternative protection, to prevent accidental spills or leaking of any hazardous materials. All contractor crew personnel shall use care and caution when handling, transporting and using any hazardous material product. The contractor and their crew personnel will be responsible for these requirements. The contractor will be held liable and responsible for any violations of these requirements. Any contractor-generated hazardous waste items shall be properly labeled and be in approved containers. Additionally, any contractor-generated hazardous waste shall be properly disposed of. All hazardous waste items shall be transported properly and safely to an approved hazardous waste facility that accept, handle and dispose of hazardous waste.

5.4.3. Endangered Species. The natural resources within the project boundaries and those outside the limits of work under this contract shall be protected during the entire period of this contract. The contractor shall confine their activities to the work areas defined by the maps, drawings, and specifications. The contractor is advised that many areas near or adjacent to work areas may be habitat for Federally-listed Endangered Species which are protected by the Endangered Species Act.

The US Fish & Wildlife Service will mark in the field and on maps and convey to the contractor the known locations of endangered species habitat closest to the work areas. The contractor is hereby advised that any and all areas outside of the designated work areas may constitute as endangered species habitat or other environmentally sensitive areas. The contract is based on having “No Affect” on any endangered species. If any endangered species habitat is inadvertently or purposely damaged by the contractor, then the contractor shall be liable and be responsible for any and all damages and for adversely affecting endangered species habitat. This includes (but is not limited to) any monetary damages, fines, mitigation, etc.

5.4.4. Protection of Stream and Water Sources. The contractor is responsible to ensure that any potential environmental contamination is prevented and avoided. All contractor personnel shall use care and caution at all times, especially when working in or near riparian areas, including streams, springs, creeks, etc. No hazardous materials shall be emptied, stored or used near any water sources, including springs and creeks.

5.4.5. Protection of Standing Live Trees. The contractor shall leave all other remaining standing trees as is. This includes (but is not limited to): live oak, cherry, Spanish oak, etc. All single-stemmed or double-stemmed juniper trees greater than 6.0 inches DBH shall be left uncut and shall be retained as "specimen" or habitat trees. Such trees have one or two major trunks on them. All contractor crew personnel shall realize and understand that many of these habitat "specimen" trees are not flagged as "NO-CUT" trees. Therefore, ALL contractor crew personnel shall use extreme care and good judgment in recognizing and dealing with larger-diameter juniper trees. Wildlife trees or other designated trees or other areas shall remain undisturbed. These trees or areas may be designated with special markings, including (but not limited to) pink flagging. Any clarification on this matter shall be addressed to the COR.

5.4.6. Soil Erosion and Site Damage. Soil erosion and/or site damage shall be minimized, including on all roads, trails and shallow soil zones. Additionally, the contractor shall restrict their vehicular traffic to the roads that are designated for use in this contract. Any requests for access to other non-designated roads or trails shall be made in advance with the COR, prior to any usage. All roads and trails are subject to closure at anytime by the Government, as deemed necessary or required. If the contractor is authorized to make any new access trail, then the contractor shall be responsible for trail rehabilitation. This includes slash pull-in and scattering of slash into the trail(s). Other site rehabilitation may be required, on a case by case basis. If there is rutting of roads, the contractor is responsible for repair.

5.4.7. Noxious Weeds. The contractor shall ensure that all equipment is cleaned off and free of ALL debris prior to operating on Government lands or private lands (as applicable) and prior to the commencement of work.

The contractor shall remove all dirt, grease, plant parts and other debris in their equipment and tools that may carry noxious weeds, including seeds, leaves or other vegetative parts. This may be accomplished by using a pressure hose. This debris shall be properly disposed of and not left on-site. In addition, if equipment is operated or used in a noxious weed area, then the equipment shall be cleaned thoroughly before moving into another area. Repeat the same procedures as stated above when moving into other work unit areas.

5.4.8. Oak Wilt. Oak wilt is a disease that kills and/or harms oak trees, including live oak and Spanish oak. The contractor is responsible for using extreme care and caution when working around any oak trees. The contractor shall have a readily available supply of tree-injury/tree-pruning spray paint on-site, at each unit.

All contractor personnel shall spray this paint on any injured or cut oak trees, saplings, and/or branches.

Spraying of the cut or injury shall be done immediately, to minimize any potential harm, infection or spread of infection.

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. Treatment Task Worksheets and Maps

TREATMENT TASK WORKSHEET

Unit Name: 1431 Roadside 1

Unit size: 30 Acres Ownership: Refuge

Location: Travis County

Contract Project Tasks to be completed:

5.1.1 Cutting Juniper

5.1.2 Cutting of Other Tree and Brush Species

5.1.3 Cutting of Shinneries

5.1.4 Slashing of Cut Trees

5.1.5 Fence Line Clearing

5.1.6 Slash Pullback

5.1.7 Understory Thinning - Shaded Fuel Break (SFB)

5.1.8 Understory Thinning

5.1.9 Machine-Piling of Slash

5.1.10 Hand-Piling of Slash

5.1.11 Chipping or Grinding of Accumulated Slash

Comments: Heavy juniper

Balcones Canyonlands NWR 1431 Roadside A, 30 Acres