Attachment A PWS and Exhibits.pdf

Attachment A

Performance Work Statement

DE-RP65-11WJ91848

ROCKY MOUNTAIN REGION

PERFORMANCE WORK STATEMENT FOR

MECHANIZED TREE CLEARING AND FOREST MANAGMENT

INCLUDING:

Site Condition Assessments, Danger Tree Management and

Mechanical and Hand Treatments

March 10, 2011

1. BACKGROUND

The Western Area Power Administration (Western), Rocky Mountain Region (RMR) markets and delivers cost-based hydroelectric power and related services within its service territory encompassing the States of Arizona, Colorado, Nebraska, New Mexico, Utah, and Wyoming. Western is one of the four power marketing administrations within the U.S. Department of Energy, whose role it is to market and transmit electricity from multi-use Federal water projects. RMR is one of four regions of Western responsible for the safe and reliable delivery of electrical energy to our power customers.

The RMR has identified a need to perform various cost effective vegetation management activities within its electrical transmission line Right-of-Ways (ROW) and related infrastructure in order to ensure the safe and reliable operation of Western’s power system.

The overall objective of the RMR’s Integrated Vegetation Management (IVM) program is to aggressively manage our transmission facilities for the exclusion of incompatible vegetation and the overall enhancement of wildfire survivability. This is typically characterized by activities which establish and maintain stable, diverse plant communities comprised of native species exhibiting non-conflicting mature growth heights. These types of plant communities are compatible with transmission system operations, provide important ecological functions, and naturally discourage the re-growth of incompatible tall growth species. Western’s approach is further directed at reducing the frequency and overall intensity of future treatments, while significantly reducing the risk of unintended power delivery interruptions.

2. SCOPE OF WORK

This Performance Work Statement (PWS) addresses the following three general categories of vegetation management program services required by RMR:

1.) Field survey and site assessment of vegetative conditions 2.) Danger Tree management 3.) Mechanical and hand vegetation treatments (including herbicide application)

The contractor shall, at its own risk and expense, furnish all labor, supervision, material, equipment, and transportation required to safely and efficiently provide these services under and around energized high voltage transmission and distribution lines ranging in voltages up 500,000 volts. Work assignments will occur predominantly in the state of Colorado, but may also include work in other states including, but not limited to Arizona, Nebraska, New Mexico, Montana, Utah and Wyoming. Work at all times shall be in accordance with all applicable Federal, state, and/or local laws, rules, ordinances and regulations, and approved principles of modern Arboriculture. The contractor shall not commit any act which will interfere with the performance of work by any other contractor or government employee.

Field survey and site assessment work will include the collection, monitoring and reporting of all site specific vegetation parameters required to effectively and thoroughly plan for future vegetation management treatments required to meet program goals and objectives. Assessments shall include an evaluation of all immediate and pending critical site hazards and other pertinent considerations. The contractor shall make recommendations on the range of appropriate treatment options and associated costs in accordance with the schedule of prices. The accuracy of data collected, site assessments and recommendations made are important considerations related to the successful execution of the RMR vegetation management program. Annual surveys may be conducted on all or parts of the Rocky Mountain Region’s 5000+ mile transmission system located throughout the States listed above. Survey site conditions will range from backyards, open fields, prairies, or meadows to overly dense, mature forest stands. Ground conditions will range from flat vehicle accessible areas to extremely steep, rugged, high altitude terrain without vehicle access. Annual surveys must be completed or verified by an onsite, ground review for 100% of all required areas. Pricing for Field survey and Site Assessment work should be in CLINs 0007, 1007, 2007, 3007 and 4007.

Danger tree management work will include the annual monitoring, identification and removal of vegetation that presents a near term risk to the safe and reliable operation of the RMR power system. Threshold and condition criteria which define near term risk will differ throughout the range of voltage classes, terrain and vegetative conditions encountered across the RMR power system and will be continuously coordinated with Western. Vegetation treatment work will typically be accomplished within close proximity of energized transmission and distribution facilities, potentially jeopardizing personal and public safety as well as power system stability, and will require the development and strict adherence to written work procedures prepared by the contractor and approved by Western. Accurate identification of situations requiring power facility clearances is required. Accurate, real time reporting of contractor field activities, findings, and work progress is also required. Strict adherence to environmental and landowner constraints, as well as ongoing field coordination with affected parties regarding these constraints is frequently required. Efficient, thorough, safe and accurate execution of this program requirement is essential for Western to meet its overall mission requirements related to the safe and reliable delivery of electrical power, demonstrate responsible environmental stewardship, maintain favorable landowner relationships, and adhere to mandatory industry reliability standards. Danger tree cutting requirements will range from mechanical and/or hand felling in dense overgrowth conditions, to individual tree felling in residential or commercial developed areas. Tree sizes will range from less than 5” diameter at breast height (DBH) to trees several feet in diameter at breast height (DBH). A full range of native and non-native vegetation species, vegetation health, and vegetation growth conditions will be routinely encountered.

Less urgent but frequently more extensive mechanical and hand treatments will consist of various combinations of felling, removing, pruning, herbicide application, clearing away of live, dead and down trees, limbs, branches, brush, and foliage, and re-seeding. Work may include hand or machine logging, skidding, forwarding, processing, decking, chipping, grinding, shredding, mowing, mulching, hand or machine piling, firewood blocking, stacking or chopping of vegetation to enhance the successful operation and maintenance of Western’s transmission lines, access routes, and other power facilities. Projects may also be undertaken to achieve various fuel management objectives designed to enhance the wildfire survivability of Western facilities or meet other environmental or land management objectives. Work will typically be completed immediately adjacent to and underneath energized high voltage electrical lines. At times, as indicated in individual task orders, the contractor may be required to remove and dispose of all wood, debris, and other materials resulting from work activities.

The contractor shall perform the required work identified within this Performance Work Statement (PWS) and individual Task Orders with no interruption or interference to the operation of the overall power system. The contractor shall ensure that all employees have the appropriate training, qualifications, and competency required to complete the requirements of this contract. Due to the close proximity of work to energized facilities, line-clearance tree trimmer qualified in accordance with Occupational Safety and Health Administration (OSHA) standard 1910.269 are required. The contractor’s management of an effective safety program and an effective quality control program are essential requirements. Successful management of and adherence to all environmental and landowner/land manager constraints and the establishment of effective, professional landowner/land manager relationships are equally important.

Work will occur at all times of the year and under all weather conditions. Work sites may be extremely remote, rural, residential, suburban, or commercially developed. A full range of terrain and vegetation density conditions will be encountered. Work site access will range from foot access only to easy vehicle and heavy equipment access.

2.1. PROSECUTION OF THE WORK

The capacity of the Contractor's sequence of operations, method of operation, and the forces employed shall, at all times during the continuance of the contract, be subject to the Contracting Officer (CO) and Contracting Officer Representative (COR) approval and shall be such as to ensure the completion of the work.

The Contractor shall have a competent Field Superintendent or Foreman on the work site at all times contract work is being performed. The Field Superintendent or Foreman shall be designated as the contractor’s on-site representative who is authorized to act on behalf of the contractor. The Field Superintendent or Foreman shall available to the COR to exchange real time information or receive instructions regarding work under the contract. The on-site representative must be able to fluently speak and understand English, both orally and in writing, and be able to fluently communicate with all other on-site workers. The on-site representative shall provide a phone number to Western where he/she can be contacted 24 hours per day 7 days a week.

The Government may undertake or award other contracts for additional work and the contractor shall fully cooperate with all other contractors and government employees and carefully fit its work to such additional work as may be directed by the COR.

2.2. CONTRACTOR FURNISHED EQUIPMENT AND TOOLS

The contractor shall be responsible for all maintenance, upkeep, mobilization and operating expenses on his equipment fleet and ensure that all required certifications and equipment related training are current and in accordance with all applicable Federal, State, and/or local laws, rules, ordinances and regulations. Operator and ground personnel requirements shall be in accordance with applicable Federal, State, and/or local laws, rules, ordinances, regulations, and all other applicable sections of this Statement of Work. The contractor shall furnish and utilize a wide range of equipment and tools as required to cost effectively meet all of Western vegetation management requirements.

All equipment and tools shall be in good operating condition and maintained at all times to ensure maximum job site safety and avoid any unnecessary work stoppage or delays.

2.3. GOVERNMENT FURNISHED PROPERTY

None

2.4. GOVERNMENT PERSONNEL

The CO and Contract Specialist (CS) are responsible for the administration and oversight of this contract. The CO is the only authorized individual that can change contract terms and conditions, or issue a stop work order if required.

The COR is responsible for giving the contractor any special technical instructions or guidance necessary to ensure contract execution. The COR has no authority to alter the terms or conditions of the contract. The COR will spot check, survey, and document contractor performance. The CO, COR, or any other Government official has the authority to verbally stop work if an imminent danger situation arises.

2.5. CONTRACTOR SUBMITTALS

2.5.1. Safety Plan

Reference Section 4.5. A Safety Plan is required to be submitted to Western within 7 calendar days after contract award. Western’s approval of the plan is required prior to the commencement of work.

2.5.2. Job Hazard Assessment and Work Plan

For each task order awarded under this contract, the Contractor shall submit a Job Hazard Assessment and Work Plan with the task order proposal. For mechanized work, the Assessment shall include, but not be limited to identifying slope, proposed equipment, and limitations of operation. Western’s approval of the plan is required prior to the commencement of work.

2.5.3. Quality Control Plan

Reference Section 11. A Quality Control Plan (QCP) is required to be submitted with the task order proposal for each task order awarded under this contract. Western’s approval is required prior to the commencement of work.

2.5.4. Spill Prevention, Notification and Cleanup Plan

Reference section 3.11.1. Spill Prevention, Notification and Cleanup Plan submittal to Western is required no later than 7 calendar days after contract award. Western’s approval of the plan is required prior to the commencement of work.

2.5.5. Pesticide Use Plan

Reference section 3.12.2. Pesticide Use Plan submittal to Western is required no later than 7 calendar days after contract award. Western’s approval of the plan is required prior to the commencement of work.

2.5.6. List of Employees

Reference Section 7. A list of Employees available for work on the contract including their qualifications, and certifications is required no later than 7 calendar days after contract award, and shall be updated as necessary. In addition, Contractor shall submit a list of employees proposed to work on each task order to include qualifications, with the task order proposal.

2.5.7. Work Schedule

Contractor at all times shall keep the Government informed in writing of the current work schedule and potential changes. A overall seasonal schedule which incorporates all individual task orders, crew assignments, beginning and completion dates, and other planning information will be maintained and submitted to the COR at monthly intervals. Weekly written status reports are required for all ongoing task orders documenting work completed for each preceding week, including scheduled work for the upcoming week. This report shall be submitted to the CO and COR every Monday, no later than 3 p.m. via fax or e-mail. The Contractor will generally be allowed to work their own hours with prior approval of the COR.

2.6. DEFINITIONS

"Approved" or "approval" as used herein shall mean approved by the CO or COR except where another specific authority is designated.

ANSI refers to the American National Standards Institute. Inc.

Authorization To Work (ATW) as used herein is a verbal authorization, issued by Western's Operations Center (Dispatch) and/or the COR or CO that indicates the limits of the work areas, restrictions, and conditions pertinent to the work. It is issued to the contractor for vegetation removal/pruning activities on or near facilities under the operational control of Western.

Clearance as used herein, is a documented procedure whereby identified energized electrical facilities and equipment have been isolated from all sources of primary system energy and are de-energized. Switches, disconnects, circuit breakers and associated equipment are tagged or locked to prevent re-energization under the direction of an Operations Supervisor.

Close Proximity Distance (CPD) as used herein means the area between the minimum approach distance for electrical workers and the safe approach distance for the general public to energized electrical facilities.

Conductor Sag as used herein is the weight induced “sag” of the electric lines between the supporting structures. The amount of sag may vary as much as 15 feet depending on electrical loading and ambient conditions including air temperature.

Danger Tree as used herein refers to a tree that presents an immediate hazard to the electrical infrastructure or, has the potential to encroach within the safe distance to the conductor as a result of bending, growing, swinging, or falling toward the conductor. This term in tree harvesting refers to trees commonly called Stubs, Spring Poles, Wind Blowns and Widow Makers. In this PWS the term refers not only to these but also a tree which if it falls, or is cut, will come close enough to a high voltage line to draw an electrical arc, very possibly electrocuting the faller.

Diameter at Breast Height in the United States, tree diameter is usually measured at 4.5 ft (137 cm) above ground level. Measurement at this height is referred to as diameter at breast height or DBH.

DBH is measure with a specially calibrated tape measure called a diameter tape (d-tape).

Hazard Analysis as used herein is a study of a job or activity to: (1) identify hazards or potential accidents associated with each step or task, and (2) develop solutions that will eliminate, nullify, or prevent, such hazards or accidents. The job Hazard Analysis should be an integral part of the written procedures for specific work activities within individual task orders and other assignments; may be an oral discussion when tasks allow.

ISA refers to the International Society of Arboriculture.

"Line-clearance tree trimming." The pruning, trimming, repairing, maintaining, removing, or clearing of trees or the cutting of brush that is within 10 feet (305 cm) of electric supply lines and equipment.

Minimum Approach Distance (MAD) as used herein denotes the closest distance an employee is permitted to approach an energized or –ungrounded object.

Qualified Line Clearance Tree Trimmer Individual qualified and trained in accordance with OSHA 1910.269.

Qualified Line Clearance Tree Trimmer Trainee any worker regularly assigned to a line clearance tree trimming crew and undergoing on-the-job training who, in the course of such training, has demonstrated the ability to perform the assigned duties safely at that level of training.

Qualified Tree Worker an employee, through related training and on-the- job experience, has demonstrated familiarity with the techniques and hazards of tree maintenance, removal, and the equipment used in the specific operations involved.

Right of Way (ROW) as used here refers to the legally acquired easement for the transmission facility or associated access road.

Special Work Permit (SWP) as used herein is a written permit issued by Western’s COR or on site representative which identifies the limits of the work areas, restrictions, and conditions pertinent to the work. It is issued to the contractor's authorized representative for all contractor activities on or near facilities under the operational control of Western and shall be available at the worksite.

3. ENVIRONMENTAL REQUIREMENTS

The contractor shall comply with all Federal, State, and local environmental laws and regulations. The subsections below specify additional requirements.

3.1. LANDSCAPE PRESERVATION

The contractor shall, as much as practicable, preserve the existing landscape to include vegetation, structures, equipment, utilities, and improvements. Except where vegetation management is required, all trees, native shrubbery, and vegetation shall be preserved and shall be protected from damage by the Contractor's field operations and equipment.

3.2. RESEEDING OR REPLANTING

Special reseeding or replanting may be required and specific requirements will be addressed in individual task orders awarded under this contract.

3.3. CONSTRUCTION ROADS

Construction of temporary roads will not be allowed. Existing roads shall be used to access the work.

Sites that cannot be accessed by existing roads may require planned overland travel routes.

3.4. NOXIOUS WEED CONTROL

The contractor shall: (1) comply with Federal, State, and local noxious weed control regulations, (2) provide a "clean vehicle policy" while entering and leaving construction areas to prevent transport of noxious weed plants and/or seed, and (3) transport only construction vehicles that are free of mud and vegetation debris to staging areas and the project ROW.

3.5. PREVENTION OF WATER POLLUTION

The contractor shall ensure that the surface and ground water is protected from pollution caused by field operation activities. The contractor shall comply with applicable water pollution regulations and requirements. The contractor shall not refuel any vehicle within 300 feet of a perennial stream or river channel.

At the requirement of Western, the contractor shall be responsible for the application of erosion control measures like weed free wattles and silt fencing. This requirement will be dependent on site condition, land owner request, and in compliance with federal, state, local and/or county laws.

3.5.1. Streams or Waterway Permits

The contractor shall not obstruct or impair streams, and other waterways or courses, unless the COR authorizes the activity and the appropriate Federal, State or local permits have been obtained.

3.5.2. Stream Crossings

The crossing of any stream or other waterway shall be done in compliance with Federal, State, and local regulations. Crossing of some waterways may be prohibited by landowners, Federal or State agencies or require permits. The contractor is responsible to notify the COR of locations where crossings are authorized.

3.5.3. Watercourse Protection Zone

Buffer strips will typically be left along streams, lakes, and wetlands to serve as watercourse protection zones. Typically trees will only be cut manually, and brush or other lower growth vegetation may be left to provide a shade canopy on the watercourse. Generally, no debris shall be left near or within streams, lakes, and/or wetlands. The actual width of these zones will vary based on various resource considerations, and the contractor is responsible for identifying the special work considerations prior to the start of any field activities.

3.6. PREVENTION OF AIR POLLUTION

Contractor shall ensure that field activities and the operation of equipment are undertaken to reduce the emission of air pollutants. Submit a copy of permits, if required, from Federal, State, or local agencies to the COR 7 calendar days after award of contract or task order as applicable.

The Contractor and subcontractor machinery shall have, and shall use the air emissions control devices required by Federal, State or Local Regulation or ordinance.

3.7. PRESERVATION OF CULTURAL AND PALEONTOLOGICAL RESOURCES

Do not remove or alter cultural artifacts or paleontological resources (fossils). Cultural artifacts may be of scientific or cultural importance and includes, but is not limited to bones, pottery, glass, projectile points (arrowheads), other stone or metal tools, historic buildings, and features.

Paleontological resources can be of scientific importance and include mineralized animals and plants or trace fossils such as footprints. Both cultural and paleontological resources are protected by Federal Regulations during Federal construction projects. Contractor shall restrict all ground disturbing activities to areas that have been surveyed by Western for cultural or paleontological resources and as specified in accordance with Section 8. ACCESSING AND PROTECTING WORK

SITES.

3.7.1. Known Cultural or Paleontological Sites

Following issuance of a Task Order, Western will provide drawings or maps showing sensitive areas located on or immediately adjacent to the transmission line right-of-way and/or facility.

These areas shall be considered avoidance areas. Prior to any construction activity, the avoidance areas shall be marked on the ground in a manner approved by the COR. Instruct employees, subcontractors, and others that vehicular or equipment access to these areas is prohibited. If access is absolutely necessary, first obtain approval from the COR. Western will remove the markings during or following final cleanup. For some project work, Western will require an archaeological, paleontological or tribal monitor at or near cultural or paleontological site locations. The contractor, contractor’s employees, and subcontractors shall work with the monitor to insure that sensitive areas are avoided. Where monitors are required, the monitor shall meet with the crew each morning to go over the day’s work. The monitor will also conduct awareness training for all contractors prior to any work in the field. Untrained personnel shall not be allowed in the construction area. For sensitive areas requiring a monitor, the contractor may not access those areas without a monitor being present.

3.7.2. Unknown Cultural or Paleontological sites

On rare occasions cultural or paleontological sites may be discovered during excavation or other earth-moving activities.

Reporting: If evidence of a cultural or paleontological site is discovered, cease work in the area immediately and notify the COR of the location and nature of the findings. If a monitor is present, the monitor should also be notified. Stop all activities within a 200-foot radius of the discovery and do not proceed with work within that radius until directed to do so by the COR.

Care of Evidence: Protect the area. Do not remove, handle, alter, or damage artifacts or fossils uncovered during construction.

3.8. CONSERVATION OF NATURAL RESOURCES

Federal law prohibits the “take” of endangered, threatened, proposed or candidate wildlife and plants, and destruction or adverse modification of designated Critical Habitat. Federal law also prohibits the “take” of birds protected by the Migratory Bird Treaty Act, and the Bald and Golden Eagle Protection Act. “Take” means to pursue, hunt, shoot, wound, kill, trap, capture or collect a protected animal or any part thereof, or attempt to do any of those things without a permit from U.S. Fish and Wildlife Service. The Contractor will take precautions to avoid harming other wildlife species. Contractor shall restrict all ground disturbing activities to areas that have been surveyed by Western for natural resources and as specified in accordance with Section 8. ACCESSING AND PROTECTING WORK

SITES.

3.8.1. Known Occurrence of Protected Species or Habitat

Following issuance of a Task Order, Western will provide training to all contractor and subcontractor personnel and others involved in the work activity if there is a known occurrence of protected species or habitat in the construction area. Untrained personnel shall not be allowed in the construction area. Western will provide drawings or maps showing sensitive areas located on or immediately adjacent to the transmission line right-of-way. These sensitive areas shall be considered avoidance areas. Prior to any work activity, the avoidance areas shall be marked on the ground by Western. If access is absolutely necessary, the contractor shall first obtain written permission from the COR, noting that a Western and/or other Federal or state government or tribal agency biologist may be required to accompany personnel and equipment. Ground markings shall be maintained through the duration of the contract. Western will remove the markings during or following final inspection of the project.

3.8.2. Unknown Occurrence of Protected Species or Habitat

If evidence of a protected species is found in the project area, the contractor shall immediately notify the CO and COR and provide the location and nature of the findings. The contractor shall stop all activity within 200 feet of the protected species or habitat and not proceed until directed to do so by the COR.

3.9. CONTRACTOR GENERATED WASTE

Waste material includes refuse, garbage, sanitary wastes, industrial wastes, automotive fluids, oil, other petroleum products, and all other material resulting from demolition and all other operations.

Burning or burying of waste material or, material resulting from clearing operations on the ROW is not permitted.

Dispose or recycle contractor generated waste (to include hazardous, universal and non-hazardous wastes), in accordance with applicable Federal, State and local regulations and ordinances. All waste material shall be removed from the ROW, Western property or easements. Burning or burying of waste material is not permitted.

The contractor shall report to the CO and COR any spill of material greater than one gallon.

3.10. CONTRACTOR’S LIABILITY FOR REGULATED MATERIAL INCIDENTS

The contractor is solely liable for all expenses related to spills, mishandling, or incidents of regulated material attributable to his/her actions or the actions of his/her subcontractors. This includes all response, investigation, cleanup, disposal, permitting, reporting, and requirements from applicable environmental regulation agencies.

3.11. POLLUTANT SPILL PREVENTION, NOTIFICATION, AND CLEANUP

The contractor shall develop measures to prevent spills of pollutants, and respond appropriately if a spill occurs. A pollutant includes any hazardous or non-hazardous substance that when spilled, will contaminate soil, surface water, or ground water. This includes, but is not limited to, any fuel, hydraulic oil, engine coolants, and similar substances. The contractor shall provide notification to the CO and COR for any spills reported to EPA, States, or other agencies and the information provided to those agencies, including any correspondence through phone or e-mail.

3.11.1. Spill Prevention, Notification and Cleanup Plan.

The Contractor shall provide the Plan as required in Section 2.5.4. Approval of the plan is for the purpose of determining compliance with the requirements of this PWS only and shall not relieve the Contractor of the responsibility for compliance with all Federal, State and local regulations.

Contractor shall include the following in the Plan:

1. Spill Prevention measures. Describe the work practices or precautions that will be used at the job site to prevent spills. These may include engineered or manufactured techniques such as installation of berms around fuel and oil tanks; Storage of fuels and other substances in spill proof containers; and management techniques such as requiring workers to handle material in certain ways.

2. Notification. Most States and the Environmental Protection Agency require by regulation, that anyone who spills certain types of pollutants in certain quantities notify them of the spill within a specific time period. Some of these agencies require written follow up reports and cleanup reports. Include in the Plan, the types of spills for which notification would be made, the agencies notified, the information the agency requires during the notification, and the telephone numbers for notification.

3. Employee Awareness Training. Describe employee awareness training procedures that will be implemented to ensure personnel are knowledgeable about the contents of the Plan and the need for notification.

4. Commitment of Manpower, Equipment and Material. Identify the arrangements made to respond to spills, including the commitment of manpower, equipment and material.

3.12. PESTICIDES

The term “pesticide” includes herbicides, insecticides, rodenticides and fungicides. Pesticides shall only be used in accordance with their labeling and applied by appropriately certified applicators.

3.12.1. Environmental Protection Agency Registration

Use EPA registered pesticides that are approved for the intended use.

3.12.2. Pesticide Use Plan

The Contractor shall provide a pesticide use plan as required in Section 2.5.5 that contains: 1) a description of the pesticide to be used, 2) where it is to be applied, 3) the application rate, 4) a copy of the label, and 5) a copy of required applicator certifications. Approval of the plan is for the purpose of determining compliance with the requirements of this PWS only and shall not relieve the Contractor of the responsibility for compliance with all Federal, State, and Local regulations. Within seven days after application, submit a written final report to the COR, including the pesticide applicators report, in accordance with Section 7.5 HERBICIDE

APPLICATORS.

4. SAFETY

The contractor shall ensure that all Federal, State, and local regulations are followed in terms of providing a safe working environment.

4.1. CONFLICTS IN REQUIREMENTS

If there is a conflict between the requirements of these specifications and applicable Federal, State, or local safety, health, or industrial regulations or codes, the more stringent requirements shall prevail.

4.2. COMPLIANCE WITH CODES AND STANDARDS

Comply with the latest effective OSHA Standards 29 CFR 1910 and other applicable Federal, State, and local regulations. All OSHA standards shall apply, whether referenced or not.

4.3. PERSONAL PROTECTIVE EQUIPMENT (PPE)

The contractor shall be responsible for identifying and providing the personal protective equipment (PPE) in work activities and enforcing the use of said PPE in accordance with OSHA, and all other applicable Federal, State and local regulations.

4.4. EQUIPMENT

Equipment shall be designed, manufactured, maintained, and operated as required by OSHA 1926 and OSHA 1910 and the requirements of this paragraph. Equipment shall be used only for the manufacturer's intended purpose. All of the manufacturer’s safety restrictions, warnings, and advisements shall be adhered to.

Due to the hazards and potential facility damage associated with airborne debris, only horizontal shaft grinding, chipping, mulching, masticating, etc. equipment head attachments shall be utilized in the execution of contract work.

Any equipment (e.g. bucket trucks, cranes, aerial lift equipment, etc.) that has the potential to become energized shall be grounded with a minimum1/0 up to 4/0 copper ground (according to applicable line voltage and available fault current) attached to a driven ground rod. All ground rods shall remain in use when equipment is in operation. The presence of an Equipotential zone needs to be in place to protect workers and equipment. Grounds will be certified and tested. Clamps and securing mechanisms will be appropriate for the size of cable used and the grounds intended use.

4.4.1. Riding on Equipment

Riding on equipment is prohibited unless a safe place to ride is provided. A safe place to ride is defined as a permanently affixed seat with passenger restraint device. Getting on or off equipment while in motion is prohibited.

4.4.2. Brakes

Brake checks shall be conducted daily on all equipment being used. The COR may request the Contractor to carry out a braking performance test on all onsite equipment.

4.4.3. Rollover Protective Structures and Seat Belts

Equipment defined by OSHA 1926.1000, "Rollover Protective Structures (ROPS) for Material Handling Equipment", shall be equipped with rollover protective structures (ROPS) meeting the performance requirements of OSHA 1926.1001, "Minimum Performance Criteria for Rollover Protective Structures for Designated Scrapers, Loaders, Dozers, Graders, and Crawler Tractors".

Equipment defined by OSHA 1926.602, "Material Handling Equipment", shall be equipped with seat belts in accordance with the requirements of that section. Agricultural and industrial tractors shall be equipped with the ROPS and seat belts, regardless of date of manufacture. Seat belts shall be worn when operating equipment that is required to be equipped with seat belts.

4.4.4. Lifting Devices

Lifting devices shall be designed and manufactured or fabricated for their intended use and shall conform to applicable ANSI standards; OSHA 1910, Subpart N, "Materials Handling and Storage"; OSHA 1926, Subpart N, "Cranes, Derricks, Hoists, Elevators, and Conveyors"; and the requirements of this paragraph.

4.4.5. Safe Distances

All personnel, with the exception of the ground man, shall maintain a safe distance from the masticating operations. Equipment operators shall acknowledge to ground personnel when it’s safe to approach chipping/shredding equipment.

4.5. CONTRACTOR’S SAFETY PROGRAM

The contractor shall prepare and maintain an up-to-date safety plan which complies with both Federal and State Occupational Safety and Health Act. The contractor shall update and modify the plan as needed. The Field Superintendent(s) and Crew Foremen are responsible for ensuring that all work is performed in accordance with the safety program.

The contractor shall not begin work under this contract until a current safety plan has been reviewed and is on file with the CO, COR and RMR safety office. Any modifications required will be made prior to start of field operations. Approval of the safety plan, including amendments and supplements thereto, is for the purpose of determining compliance with the specifications only, and shall not relieve the Contractor of the responsibility for the safety and health of persons and property.

The plan shall address the following items as a minimum:

4.5.1. Electrical and vegetation management hazard recognition and avoidance of unsafe conditions.

4.5.2. Identify precautions to protect the safety and health of employees and members of the public, and to prevent damage to public and private property.

4.5.3. Tailgate sessions conducted with all on-site workers prior for each day’s work. These sessions shall be documented and furnished to the CO or COR upon request. If site conditions change or a new employee arrives on the worksite, the contractor shall conduct additional tailgate briefings with all on-site workers.

4.5.4. The leadership and employee responsibilities for carrying out the safety and health program.

4.5.5. The worksite communications plan.

4.5.6. Provision for first aid, medical care of injured employees, CPR and emergency response telephone numbers as required by OSHA.

4.5.7. Provision for training employees in the recognition and avoidance of unsafe conditions.

4.5.8. Health and sanitation facilities.

4.5.9. Procedures for specific sequences of work to ensure adequate analysis of hazards and provision of protective measures (e.g., working adjacent to energized electrical equipment).

4.5.10. Provisions for the use and furnishing of personal protective equipment.

4.5.11. Company policy and procedures that address enforcing safety and health regulations.

4.5.12. Copy of the current Certificate of Compliance with Industrial Compensation Insurance statutes.

4.5.13. An Industrial Hygiene program that provides occupational health and environmental controls as required by OSHA.

4.5.14. A comprehensive daily inspection program for inspecting tools, equipment, and facilities.

The inspection program shall document observed hazards and the corrective actions taken.

4.5.15. A fall protection program identifying hazards and listing equipment and procedures to protect employees against the hazard of falling (e.g. trees, etc.). The fall protection program shall address impact and shock loading on structural points and personnel and shall address protective measures selected.

4.6. FAILURE TO COMPLY

The contractor’s failure to implement, monitor, and enforce the safety program and the requirements of its’ plan and these specifications may result in the Contracting Officer's directed removal of the job superintendent or result in suspension of all or part of the work or both.

Western's failure to order discontinuance of the contractor's operations shall not relieve the contractor of responsibility for the safety and health of personnel and property.

4.7. ACCIDENT RECORDS AND REPORTING

The contractor shall maintain and furnish accurate records and reports to Western in a form and in the manner prescribed by the COR. The CO and COR shall receive verbal notification immediately and written reports are required within 8 hours on all job-related deaths, occupational diseases, traumatic injuries to employees or the public, and property damage caused by an accident as follows:

4.7.1. Job Related Injury/Illness

Job-related injuries/illnesses to contractor or subcontractor employees shall be reported to the CO and COR within 8 hours. Injuries/illnesses shall be posted to the OSHA 300 Log and OSHA Form 301 or as appropriate, and shall be available for review by the COR.

4.7.2. Public Injury

Injuries to the public arising out of this contract shall be reported to the CO and COR within 8 hours.

4.7.3. Equipment and Motor Vehicle Accidents

Worksite equipment and motor vehicle accidents, regardless of extent of injury or cost, shall be reported to the CO and COR.

4.7.4. Property Damage

Property damage or loss in excess of $1,000 resulting from any accident shall be reported to the CO and COR. Damage or loss of any kind to Government or public property, regardless of cost, shall be reported to the CO and COR.

4.8. ACCIDENT INVESTIGATION

When requested by the CO, the contractor shall participate in any investigation of accidents or incidents, including, “near-miss” type incidents.

4.9. WORKSITE COMMUNICATIONS

The contractor shall have at least one working device (for example a cell phone or satellite phone)at each job site location at all times capable of communicating with the Government and emergency response units. If reception is not available at the work location the closest area of reception shall be identified.

When utilizing masticator equipment, the contractor shall place warning signs at all access routes into the work site advising of flying debris and the ongoing work activities. Signs shall be a minimum of 48” high, of professional quality, and be easy to read.

Daily work shall not begin until the Contractor’s Field Superintendent or Crew Foreman contacts Western’s Operations Center (Dispatch), and Dispatch, the COR or CO provides an Authorization to Work. The Contractor shall also contact Dispatch at the end of each work day, and at other intervals throughout the day as job conditions may require. The contractor must clearly communicate in English the line being worked on and crew location(s) referenced by the closest line structure numbers.

5. TRANSMISSION AND DISTRIBUTION LINE SAFETY

In addition to the requirements contained in OSHA 1910.269(r), “Line-Clearance Tree-Trimming Operations,” and Title 8, Subchapter 5, Group 2, Article 38, and other applicable OSHA requirements, the requirements contained in this section apply.

5.1. SUPERVISION AND AUTHORIZATION

No work shall be performed in or near an energized facility that is under the operational control of Western until authorization to proceed is given, and all applicable authorization(s) are obtained from Western's COR.

The contractor shall be responsible for obtaining protection and permission before performing any work on or near any electrical facility under the operational control of a non-Western agency or utility.

The contractor shall notify the COR upon completion of all coordination with the non-Western agency or utility.

5.2. ELECTRICAL CLEARANCES

The contractor shall always consider all transmission lines and facilities as energized at all times.

The contractor shall execute their Safety Plan and take all necessary precautions for the safety of personnel, and keep employees fully informed of the work situation and safe work limits.

If an accident occurs on the work site, the contractor shall immediately call Dispatch and report status and location for emergency services. If unsafe power system conditions or system reliability concerns arise, Dispatch will contact the contractor’s on-site representative and instruct the contractor to “Stand Down” until released.

At no time shall the contractor’s execution of work procedures or other activities result in an encroachment with the OSHA minimum electrical approach distances (MAD) applicable to the contractor’s personnel. In the event that trees are already located within or could possibly encroach within MAD, arrangements shall be made with the COR to schedule a transmission line clearance.

The contractor shall prepare and submit a detailed, job specific written description of the complete work requirement supporting the contractor’s clearance request. The contractor shall also coordinate with the COR or Western’s on-site representative when arranging for necessary electrical protection from other utilities whose lines are crossed by, or located near the work site.

5.3. PROCEDURES TO OBTAIN CLEARANCES

Clearance requests to Western’s Dispatch shall be initiated by the COR or Western’s on-site representative, who will subsequently issue a Special Work Permit to the contractor's authorized representative once the clearance has issued to Western’s representative from Dispatch. The contractor's authorized representative shall remain on site at all times while work is being performed under a Clearance.

5.4. SPECIAL WORK PERMITS PROCEDURES

A Special Work Permit will indicate the limits of the work area, restrictions and conditions pertinent to the work identified in the clearance request. Both the contractor's authorized representative and Western’s on-site representative shall sign the Special Work Permit and each will retain a copy. The contractor shall review all Special Work Permit conditions and the limits of the work area with all employees before proceeding with the work, and as frequently thereafter as necessary to ensure that all employees are knowledgeable of the work program and the required safety precautions. The written Special Work Permit shall remain available at the worksite whenever the work is being performed.

5.5. PROCEDURES FOR RELEASE OF A SPECIAL WORK PERMIT

After the work has been completed, the contractor’s authorized representative holding the Special Work Permit shall notify the Western representative. Western’s representative will verify that all required work has been completed. The contractor's authorized representative holding the Special Work Permit shall sign both copies of the release of the Special Work Permit certifying that all personnel and equipment are in the clear and will remain in the clear.

5.6. TRANSFER OF RESPONSIBILITY FOR SPECIAL WORK PERMIT

If it becomes necessary to transfer responsibility for work under an existing Special Work Permit from one contractor's authorized representative to another, a new Special Work Permit will be required.

After the contractor’s new authorized representative has prepare and submitted a revised written work description identifying the remaining work activities, a new Special Work Permit will be issued by Western's representative.

Western's on-site representative and the contractor's new authorized representative will review the location and integrity of all protective ground leads, bonds, and other protective devices by walking the perimeter and visually reviewing the worksite. The old Special Work Permit will then be released.

6. WORKSITE FIRE SAFETY REQUIREMENTS

6.1. FIRE CONDITIONS

The contractor shall check daily fire levels during fire season and cease all operations when activity levels require emergency precautions. At times during the fire season or as equipment operations dictate (for example, during mastication efforts) the contractor shall monitor the fire index and watch the operations for fire ignition. Contractor shall have at least one on-site crew member trained in wild-land firefighting. The contractor shall adjust work schedules to avoid periods of high fire risk. The CO, COR or other Government official may require the contractor to cease operations at any time due to fire danger conditions. The contractor shall incorporate all worksite fire safety requirements when necessary and costs shall be included in the applicable Contract Line Items in the Schedule of Supplies/Services and Prices/Costs.

6.2. WATER SUPPLY FOR FIRE FIGHTING

Contractor shall have an operational, mobile water tank (300 gallon minimum) filled with water, and stored at the worksite(s) when conditions require, or when mechanical mastication is performed. The tank shall be equipped with an engine driven pump and adequate length hose.

6.3. ENGINES EQUIPPED WITH SPARK ARRESTORS

All internal and external combustion engines at the worksite shall be equipped with U.S. Department of Agriculture (USDA) Forest Service approved spark arrestors on the exhaust. The arrestors must meet the requirements established by the SAE Standard J335 or USDA Forest Service Specification 5100-1. The Code of Federal Regulations, 36 CFR 261.52 and orders written by the USDA Forest Service line officers explain the requirements. The spark arrestors must be properly installed and maintained.

6.4. OTHER FIRE REQUIREMENTS

All equipment, including pickups/service vehicles and machines, shall be equipped with a shovel, water pump, and fire extinguisher, as required. No welding will occur on-site without prior approval of the COR. The contractor shall follow all appropriate fire regulations and restrictions issued by Federal and State agencies.

7. CONTRACTOR EMPLOYEE REQUIREMENTS

Employees shall be physically qualified to perform their assigned duties. Employees shall not work while their ability or alertness is impaired because of fatigue, illness, medications, drugs or alcohol, or any other reason that may expose them or others to injury. The Contractor shall provide the CO and COR with the names of all personnel performing work on this contract, their training and certifications held, and level of competency prior to performing work on the contract. No unidentified, unauthorized, or unqualified personnel are permitted on the work site premises.

The contractor shall furnish an appropriate level of general management oversight and administrative office service as is required to professionally and efficiently support all field personnel engaged in simultaneously completing multiple Task Orders assignments. All written documentation, field reports, invoices, etc. shall be complete in required content and submitted in a time manner.

The contractor shall have a competent Field Superintendent or Crew Foreman on the work site at all times contract work is being performed by the Contractor or any subcontractor. The Field Superintendent or Crew Foreman shall be designated by the contractor as an on-site representative authorized to act on the contractor’s behalf. The contractor’s on-site representative shall be familiar with the contractor’s work and fire management practices; Western’s Task Order and Contract Specification; and all other requirements as directed by Western. See Paragraph 2.1 for additional requirements.

7.1. TRAINING

The…