B08_Solicitation___Attachment_1_PWS.docx

SHERBURNE NATIONAL WILDLIFE REFUGE

U.S. FISH AND WILDLIFE SERVICE

Hazardous Fuels Reduction Project

GENERAL

Sherburne National Wildlife Refuge (NWR) a 30,700-acre refuge, was established in 1965 to protect and restore the habitats associated with the St. Francis River Valley for migratory birds and other wildlife. The focus for upland management on the refuge is to restore oak savanna. The refuge lies in the deciduous forest –woodland zone of Minnesota on the Anoka Sandplain, a large flat sandy outwash area now thought to be lacustrine in origin, with small dune features and low moraines exposed above the outwash. This zone in Minnesota is transitional between tallgrass prairie and deciduous forest.

The NWR in Sherburne County Minnesota is becoming encompassed by the urban development of Minneapolis/St. Paul (MSP) and St. Cloud. The Sherburne County Economic Development Specialist stated the county population increased by 6.5% from 2013 to 2018, a larger growth rate than both the state of Minnesota and the Greater MSP region. Minnesota State Demographic Center expects that the county’s population will grow 73% by 2035.

The importance of this project and its ability to be accomplished is because of the Stafford Act Disaster Relief and Emergency Assistance that was amended in November of 2021 with the intent of Congress to provide an orderly and continuing means of carrying out projects to alleviate the suffering and damage which result from such disasters as wild land fires by reducing hazardous fuels to protect life, property, and resource.

U.S. Fish & Wildlife Service is soliciting bids for a multi-site Hazardous Fuels project on refuge lands. Each site will have a given deadline and regulations outlined in the Special Use Permit for the project and each year the contractor’s performance in meeting those regulations will be evaluated. Bids must be submitted to Contracting Specialist Darla Freyholtz Ballard at darla_freyholtzballard@fws.gov. The bid selected will not necessarily go to the lowest bidder but rather to the bidder that can demonstrate their ability to perform such a task through successful completion of past work on federal lands and of this magnitude. U.S. Fish & Wildlife Service will be requesting credit/value to the overall project for marketable product. Once an award has been made and agency requirements have been met, work may begin immediately following the signing of the Special Use Permit.

INTERACTION WITH NEARBY PROPERTIES AND SITE ACCESS:

The project area is within a National Wildlife Refuge and accessible by county roads as well as refuge roads (see attached maps.) Special consideration must be given during management operations to minimize disturbance to neighboring properties. Operations should be restricted to daylight hours on weekdays and weekends. This will be balanced with completing the project in an efficient and timely fashion.

The Service Provider shall reduce the inconvenience to residents by limiting their work to the approved work hours and avoiding unnecessary use of nearby residential roads with equipment and vehicles. The Refuge Manager will inform residents of the project goals, expected timeline, and potential inconveniences once the contract is awarded and the timeframe of the project is known. The Service Provider shall direct any concerned parties to the Refuge Manager.

Work Environment: The work will be performed in a prairie or timbered environment in flat to steep terrain where surfaces may be extremely uneven, rocky, covered with thick tangled vegetation, contain wet leaves/grasses etc. Additional hazards that may exist include holes and drop offs, rocky terrain, wet/muddy ground surfaces, open bodies of water, down/standing trees etc. The hazardous nature of the work requires that Personal Protective Equipment (PPE) be worn in compliance of OSHA requirements.

The Service Provider shall provide all materials, labor, equipment, tools, transportation, lodging, supervision, expertise, and other incidentals necessary to successfully complete fuel breaks on Sherburne NWR land in the state of Minnesota, in accordance with the performance work statement.

PERFORMANCE WORK STATEMENT TASKS AND SUBTASKS

1. Cut trees and tops shall not be left hanging or supported by any other trees or brush.

2. All roads, road rights-of-way, fields, openings, streams, and ditches must be free of slash and damage. Cutoff blocks or any other kind of debris must be removed from any roadside mowing zones, parking lots or any other improved area.

3. New haul roads may not be constructed without the Refuge Manager’s approval. Approved new haul roads are to be no wider than twenty-five feet unless specifically authorized by the Refuge Manager.

4. Areas of disturbance with complete vegetation removal such as haul roads, landings and post-burn pile sites will be smoothed and leveled at the completion of each unit. They will then be reseeded with local eco type native seed mix. Refuge can provide seed mix specifications upon request.

5. Moist and/or saturated soils are present in some locations and may have restricted accessibility to the project area. To mitigate, the access may only be during times when soil is frozen and capable of supporting equipment.

6. Wetlands and riparian areas identified by refuge staff with flagging will receive a 50’ no cut zone buffer.

7. Archeological sites if present may be mitigated by allowing access during times of frozen soils capable of supporting equipment.

8. Trees designated to be left, which are cut or injured through carelessness as determined by the Refuge Manager shall be paid for at the rate of $100.00 per tree.

9. No cutting will occur on the Refuge during the November nine day Firearms Deer Hunt or during the oak wilt season which runs April 1 – July 15th.

10. The refuge is open to the public from September 1 – February 28 and care should be taken to watch out for people in cut areas.

11. Care must be taken to ensure that damage doesn’t occur to Refuge facilities such as fence, signs, gates etc. in cut areas. The Refuge Manager will work with the Service Provider to make sure facilities are identified.

14. The Service Provider must make sure all equipment is locked during non-operational periods; the Refuge is not responsible for any damage or theft that may occur.

15. The Refuge Manager shall have the authority to temporarily close all or any part of the operation because of high fire danger, habitat damage, discovery of cultural artifacts, inclement weather, safety reasons or any other deemed necessary for the protection of lives and property.

16. Service Provider must comply with applicable State and/or Federal Occupational Safety and Health Administration requirements and carry Workman’s Compensation Insurance if required. Proof of insurance, if required, shall be submitted to the Refuge Manager.

17. Upon completion of each project area all skid and haul roads will be blocked at the point where they intersect the main public road by ditching, dirt piles or other method that is satisfactory to the Refuge Manager unless specified otherwise by the Refuge Manager.

18. Service Provider shall not possess firearms, recreational drugs, or alcoholic beverages on the Refuge.

19. Service Provider will travel only the designated routes to and from the project area identified by Refuge Management.

20. Only persons who are employed by the Service Provider are permitted on the Refuge project.

21. Any spill of oil, hydraulic fluid or other hazardous material must be reported to the Refuge Manager and cleaned up immediately. If excessive spill/s result, the project will be shut down until proper notification, cleanup and repair of equipment takes place at the expense of the Service Provider.

22. All trash must be removed from the project area upon completion of cutting each day.

2. All woody material 6” or larger diameter from line item 1. will be piled and . . . . . . . . . . prescribed burned on refuge property with the service provider supplying a Prescribed Burn . . Boss Type 3 (RXB3) following U.S. FWS and National Wildland Fire . . . . . . . Coordination Group polices prescribed burn plan.

3. Post burn site will be seeded with local eco type seed mix.

4. Grind/mulch residual material will have a depth no deeper than 1”.

5. Mow/Remove all brush/vegetation from fuel break area.

6. Landing areas will be agreed upon by the permittee and a Refuge Manager prior to skidding operations. All landing areas must have excess woody material removed, smoothed, leveled, and seeded with local eco type seed mix once work is completed at each landing.

2. Remove all standing dead 6” DBH and on the ground 6” diameter dead trees or larger in project area 120’ from both sides of refuge north/south interior line.

3. All woody material 6” or larger diameter from line item 1. will be piled and . . . . . . . . . . . prescribed burned on refuge property with the service provider supplying a Prescribed Burn . . Boss Type 3 (RXB3) following U.S. FWS and National Wildland Fire . . . . . . . Coordination Group polices prescribed burn plan.

4. Post burn site will be seeded with local eco type seed mix.

5. Grind/mulch residual material will have a depth no deeper than 1”.

6. Mow/Remove all brush/vegetation from fuel break area.

7. Landing areas will be agreed upon by the permittee and a Refuge Manager prior to skidding operations. All landing areas must have excess woody material removed, smoothed, leveled, and seeded with local eco type seed mix once work is completed at each landing.

Extent of Liability for each order:

Liability of the Service Provider: The Service Provider will provide a copy of liability insurance prior to issuing a signed Special Use Permit. They will comply with all federal, state, and local laws, ordinance standards, regulations and obtain all necessary permits, inspections, and approvals with respect to work contemplated herein. It is further understood and agreed that the contractor assumes all responsibility of the safety of his or her employees, plant, and materials.

Risk: The contractor shall assume all risk in connection with the execution of this contract, shall waive any claim against the United States of America (USA) for damages arising out of the performance of the work specified, and shall protect the USA from any claim which may result from damages or injury to property or persons in connection with the performance of this contract.

Contracting Officer's Technical Representative(s) or COR(s) for this contract will be:

Kris Larson Greg Dehmer 17076-293rd Ave. NW 17076-293rd Ave. NW Zimmerman, MN 55398 Zimmerman, MN 55398 O: (763) 389-3323, ext. 107 or O: (763) 389-3323, ext. 102 C: (763) 260-3473 C: (763) 389-3473 Fax: (763) 389-3493 Fax: (763) 389-3493 kris_larson@fws.gov greg_dehmer@fws.gov

PROJECT FUNDING

COST CENTER: FF03R3WZ00 FUND: 24X WBS: FFF3120003EH2MN

Unacceptable Performance The Government shall incur no obligation for payment for 1) unauthorized withdrawal of equipment, or 2) unacceptable performance or behavior.

QUALITY ASSURANCE SURVEILLANCE PLAN

This Quality Assurance Surveillance Plan (QASP) was developed pursuant to the requirements of the Performance Work Statement (PWS). This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor.

A. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

Define the roles and responsibilities of participating government officials and the contractor.

Identify the types of work to be performed and the inspections to be performed to validate adequacy.

Describe the evaluation methods that will be employed by the government in assessing the contractor's inspection program and performance to the quality/performance standards required for each task.

Provide copies of the contractor's inspection records and Government quality assurance monitoring forms that will be used by the government in documenting and evaluating the contractor's performance.

Describe the process of performance documentation.

B. ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS

The following government officials will participate in assessing the quality of the contractor's performance. Their roles and responsibilities are described as follows:

The COR will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government. The COR/inspector, if the latter is assigned to the project, will either witness the contractor's performance of the inspections performed by the contractor or will evaluate the contractor's inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work. The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document inspections and evaluation of the contractor's work performance.

The Contracting Officer (CO) will have overall responsibility for overseeing the contractor's performance. The CO will also be responsible for the day-to-day monitoring of the contractor's performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR's assessment of the contractor's performance; and resolving all differences between the COR's version and the contractor's version.

C. TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS

This contract calls for the contractor to perform the following tasks and subtasks and to perform inspections at the completion of the tasks/subtasks as a minimum and/or for intermediate inspections as determined at contract award by the COR/CO.

Task/subtask#: Fuel break/s establishment & improvement When to be Inspected: As work is being performed and at completion of task What to be Inspected: Compliance with technical standard Documentation: Contractor Records/ Data/Reports (Periodic); COR Unit Log (Random)

D. METHODS OF SURVEILLANCE

The government, through the COR, will monitor the contractor's performance on a continuous basis. The method the government will use is identified in C above. The COR/inspector will first verify the results of the contractor's inspection, completeness, and adequacy of the documentation of the contractor's inspection results. The government COR will perform periodic independent inspections after the contractor has performed their inspection if questions develop regarding the results of the contractor's inspections.

E. QUALITY ASSURANCE (QA) FORMS AND REPORT

1. The COR will use a quality assurance monitoring form to document and evaluate the contractor's performance under the contract. This can consist of a form, a memo for record, or an entry in a daily/weekly unit log. The form, when completed, will document the COR's understanding of what the contractor was supposed to do, what was done, and the impact or consequences of what was done. The documentation will also identify the additional steps required of the contractor if there is a nonconformance.

2. The COR will judge each event in accordance with the performance standards and performance requirements identified in the work statement tasks and subtasks.

3. The COR must substantiate all tasks which he judges to be indicative of "unacceptable" performance. Performance at the "acceptable" level is expected and need not be substantiated.

4. In accordance with Section C above, the contractor shall furnish to the COR copies of all inspection forms generated by the contractor witnessing inspections performed. The COR will forward copies of all completed QA monitoring forms to the CO and contractor inspection records prior to processing payments. The contractor is required to respond in writing to any negative QA monitoring form(s) within 5 working days after receipt of the form(s).

F. ANALYSIS OF SURVEILLANCE RESULTS

1. The CO will review each QA monitoring form prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR's opinion outlined on the forms. The CO will immediately discuss every event receiving a substandard rating on the forms. The CO or their designee will discuss events receiving a substandard rating with the contractor to assure that corrective action is promptly initiated.

2. Upon completion of the contract/task order the COR will perform a performance evaluation of the contractor using the results documented as above and provide to the CO for further action.

EQUIPMENT CLEANING - INVASIVE SPECIES OF CONCERN

(a) The contractor shall ensure that any equipment intended for use during contract performance, either mechanical or otherwise, shall be free from invasive species of concern before use on this contract.

(i) Prior to commencing work on a project, the contractor shall advise the FWS of previous equipment cleaning measures and make equipment available for inspection upon request. FWS shall have 2 days, excluding weekends and Federal holidays, to inspect any equipment to ensure it is free of invasive species of concern. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds of invasive species of concern. After satisfactory inspection or after such 2-day period, the contractor may proceed with work as directed by the COR. If equipment is removed from the refuge prior to completion of work for another job, the equipment will be required another inspection prior to returning to work on the refuge.

(ii) If the contractor desires to clean equipment on FWS land, such as at the end of a project or prior to moving to or through an area that is free of invasive species of concern, the contractor shall obtain prior approval from COR as to the location for such cleaning and measures, if any, for controlling impacts.

(b) The FWS maintains a current list and maps of areas known to be infested with invasive species of concern on Service lands and are available upon request. The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and addition of species to the list of invasive species of concern and any potential impact on contract operations.

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site that are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall avoid damaging vegetation that will remain in place.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the CO may have the necessary work performed and charge the cost to the Contractor.

(c) Trees that are located adjacent to roads, fire lines, fences, private property, rights-of-way, or other structures and are designated for treatment shall be severed and felled so as not to damage, lean on, clog, or otherwise obstruct existing structures or facilities.

(d) The contractor will notify the COR immediately of any damaged structures and repair damages that have resulted from the contractor's operations.

**Sherburne National Wildlife Refuge reserves the right to utilize other contractors to complete the project if performance is falling behind schedule or the quality of work diminishes. ** Any violation of these regulations or any other State, Federal or Refuge Regulations will result in immediate revocation and termination of the sale contract and funds. Charges may also be filed in Federal or State Court against the permittee and all prepayments will be forfeited.

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