PWS-SNR_WoodPoleInspection-2023-06-16.pdf

U.S. DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

PERFORMANCE WORK STATEMENT (PWS)

WOOD UTILITY POLE INSPECTION AND TREATMENT SERVICES

TRANSMISSION AND DISTRIBUTION LINES

WITHIN THE SIERRA NEVADA REGION

June 16, 2023

1. General

1.1. Scope of Work

The Western Area Power Administration (WAPA), Sierra Nevada Region (SNR), requires a Contractor to perform effective and efficient wood pole inspection and treatment services in order to ensure the safe and reliable operation of WAPA’s power system.

The overall objective of the integrated wood pole inspection and treatment program is to identify, treat or reject transmission and distribution line wood poles.

1.2. Background

WAPA, part of the U.S. Department of Energy (DOE), is a Federal power marketing administration that markets and delivers reliable, cost-based hydroelectric power and related services. WAPA is one of four power marketing administrations within the US DOE. WAPA’s SNR region serves customers in California and Nevada. SNR’s mission includes maintenance and operation of the high-voltage transmission system, including substations and high-voltage power transmission lines that deliver power to its customers.

WAPA, SNR and the Government are used interchangeably in this document, and all have the same meaning.

1.3. Location

The locations include transmission areas within the SNR region with regional headquarters at the following address:

WAPA SNR Folsom Office 114 Pakshore Drive Folsom, CA 95630-4710

1.4. Government Personnel

1.4.1. The Contracting Officer (CO) is the individual executing this contract on behalf of the

Government and is responsible for the overall administration of the contract. He/She is the only person authorized to make any changes in the prices, terms, or other conditions of the contract.

1.4.2. The Contracting Officer’s Representative (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 of conditions of the contract.

1.4.3. The COR is responsible for monitoring the Contractor’s performance, coordinating work schedules, and providing technical instructions or guidance necessary to ensure contract execution. The CO, COR, or any other Government official has the authority to verbally stop work if an imminent danger situation arises.

1.5. Contractor Personnel

1.5.1. The Contractor shall furnish adequate supervision at the site to ensure that work is performed in a satisfactory manner. It is the responsibility of the Contractor to maintain close surveillance over personnel employed to perform work on the contract.

1.5.2. The Contractor shall have a competent on-site representative authorized to act on behalf of the Contractor, available to the CO or COR to receive instructions or information regarding work under the contract. The on-site representative must be able to fluently speak, write and understand English.

1.5.3. No unauthorized personnel are permitted on the premises.

1.5.4. The Contractor shall ensure that each employee entering the worksite has the appropriate knowledge, training and experience, as well as the certifications, skills, and competency necessary to safely perform their assigned tasks. The Contractor shall be responsible for training its employees in the proper techniques to be used during application of the pole preservative chemicals, and safety procedures to be followed when handling them, for the employee’s safety as well as ensuring general public safety.

1.5.5. The field superintendent/crew foreman shall be able to demonstrate previous experience and competency in their assigned duties, and demonstrate a working knowledge of such. The field superintendent/crew foreman shall have strong working knowledge of applicable OSHA safety standards. One of the field superintendent's/crew foreman’s primary responsibilities shall be to provide continuous oversight and supervision of all onsite work activities. The field superintendent/crew foreman shall maintain contact with local WAPA representatives as directed by the COR. The field superintendent/crew foreman shall also maintain a working relationship with project related land managers and landowners and those who represent various Federal, State, local government and private interests.

1.5.6. The Contractor’s inspectors shall have the experience and competency commensurate with the requirements in this PWS. The Government has the right to require replacement of an inspector that does not demonstrate experience and competency in transmission line wood pole inspections.

1.5.7. Contractor employees operating motor vehicles and other equipment shall be licensed in accordance with applicable laws and regulations, and shall be able to produce applicable current license and experience documentation upon request commensurate with the equipment they are operating. Equipment operators shall at all times use the equipment in accordance with manufacturer’s guidelines.

1.5.8. The Contractor’s pesticide/preservative applicator shall hold a valid Qualified Applicator Certificate or a Qualified Applicator License for the State within which the work is being performed. All herbicide treatments shall be in full compliance with applicable laws and regulations. The pesticide/preservative applicator shall complete and file all required reports and any other incidental requirements, with a copy to the CO and COR. To assist in work scheduling and orientation, the COR will require 7 calendar days prior notification before the start of any herbicide application.

1.5.9. All terms of this contract shall apply to the subcontract. The subcontractor must be knowledgeable of and work under the Contractor’s Safety Plan and comply with all prescribed rules and requirements. The Contractor shall provide information to the CO and COR detailing the qualifications, duties, schedules and number of the subcontractor employees proposed to work under this contract.

1.5.10. It is the Contractor’s responsibility to maintain close surveillance over all personnel, including its subcontractors, employed to perform work under this contract. The Contractor’s Quality Control Plan shall address the management of subcontractor resources when applicable.

1.5.11. WAPA will provide the Contractor with a list of landowners within the project area.

The Contractor will be required to coordinate access with individual landowners, except those areas requiring escort by a government employee shall be coordinated at least 1 week in advance with the COR.

1.6. Period of Performance

The contractor shall commence services within 30 calendar days after date of contract award, and shall complete all work by December 31, 2023. The Contractor will coordinate specific dates in advance with the COR.

1.7. Hours of Work

1.7.1. SNR normal business hours are 7:30 a.m. to 4:30 p.m., Tuesday through Friday, excluding Federal holidays. Contractor work may be authorized outside normal business hours on a case-by-case basis with prior approval from the COR.

1.7.2. Contractor is responsible for coordinating with the COR for all site visits necessary to perform the work of the contract.

1.7.3. Federal Holidays: Unless specifically negotiated, the Contractor is not required to provide service on New Year’s Day (1 January), the birthday of Martin Luther King Jr.

(3rd Monday in January), Washington’s Birthday (3rd Monday in February), Memorial Day (last Monday in May), Juneteenth (19 June), Independence Day (4 July), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans

Day (11 November), Thanksgiving Day (4th Thursday in November), or Christmas Day (25 December). If the holiday falls on Saturday, it is observed the preceding Friday. If the holiday falls on a Sunday, it is observed on the subsequent Monday.

1.8. Deliverables / Submittals.

1.8.1. All deliverables and submittals shall be provided via electronic means to the COR for review and approval. The Government requires ten (10) business days for review of each deliverable/submittal.

1.8.2. Safety Plan. The Contractor must submit a Safety Plan to the Government CO and

COR no later than 10 calendar days after contract award. WAPA’s approval of the plan is required prior to work commencement. The safety plan shall meet California OSHA and industry standards.

1.8.3. List of Employees. Contractor shall furnish names of all personnel performing work on this contract no later than 10 calendar days after contract award. For each non-U.S.

Citizen, Contractor must submit a completed Foreign National Data Card. No unidentified or unauthorized personnel shall be allowed or permitted on the work site.

1.8.4. Work Schedule. The Contractor shall submit a proposed work schedule to the COR no later than 10 calendar days after contract award. WAPA’s approval of the work schedule is required prior to work commencement. Changes in the proposed schedule shall be coordinated and approved by the COR.

Work Schedule shall show in detail the Contractor’s program of operations and shall provide for orderly performance of the work. The Work Schedule shall show sequence of operations, dates for commencing and completing the work for each portion of the transmission line segments, and classification and number of employees and size of crews to be used for the inspection and treatment of wood poles. Work Schedule shall be submitted prior to commencing work, but no later than 20 calendar days after contract award. Contractor at all times shall keep the COR informed of work schedule changes. The Contractor shall report the scheduled work for the week and any schedule changes to the COR by 8:00 a.m. Pacific Time every Monday, via phone, fax or email.

1.8.5. Safety Data Sheets. Prior to beginning work, the Contractor shall provide WAPA with a list of all Chemicals and a Safety Data Sheet (SDS) for chemicals that will be used.

WAPA shall reserve the right to refuse the Contractor use of a specific chemical if it poses an excess risk or would require additional training of WAPA employees.

1.8.6. Quality Control Plan

Contractor shall submit a Quality Control Plan (QCP) to WAPA’s CO and COR within 30 calendar days after contract award.

1.8.7. Spill Prevention, Notification and Cleanup Plan

Contractor shall submit a plan to the CO and COR for review and comment within 14 days of contract award. The COR’s approval of the plan is required prior to commencement of services. Review of the plan is for the purpose of determining compliance with the PWS only and shall not relieve the Contractor of the responsibility for compliance with all applicable laws and regulations. An Environmental and Spill Plan Template is attached in Exhibit F.

1.8.8. Pesticide Use Plan

Contractor shall submit the plan to the CO and COR for review and comment 14 calendar days prior to the date of intended pesticide application. WAPA’s approval of the plan is required prior to any such application. Review of the plan is for the purpose of determining compliance with the PWS only, and shall not relieve the Contractor of the responsibility for compliance with all applicable laws and regulations.

1.9. Contractor Submittals

1.9.1. Except as otherwise described for specific submittals, WAPA requires 30 calendar days for review of drawings or data submitted by the Contractor for approval; this review time will apply to each separate submittal or resubmittal, whether drawings or data are approved, not approved, or returned for revision. If WAPA exceeds 30 days for reviewing any submittal or resubmittal, the excess time will be added to time allowed for completion of the work affected by such excess time; except, if the review of two or more separate submittals or resubmittals is late and results in concurrent days of excess time, such days will be counted only once in computing an extension of completion date. The number of calendar days required for review of drawings or data submitted or resubmitted for approval will include the date drawings or data are received by WAPA and will extend through date of return mailing to the Contractor.

1.9.2. Drawings and data shall be submitted to the COR at the below address, with electronic copy to the CO or COR.

Western Area Power Administration Elverta Maintenance Facility (EMF) ATTN: Stephen Tuggle 7940 Sorento Road Elverta, CA 96003

1.10. Pre-Performance Meeting

The CO or COR will schedule a meeting with the Contractor within 2 weeks following the contract award to discuss the requirements of the contract, prior to start of work. The attendees may include Safety and Environment. The Contractor’s project manager and field superintendent, and a representative of any major subcontractor(s), shall attend.

1.11. Quality Control and Quality Assurance

1.11.1. The Contractor is responsible for quality control and shall utilize its own internal quality control processes in the performance of this contract. The Contractor shall develop and maintain a Quality Control Plan (QCP) to ensure all services are performed in accordance with the Government’s PWS, including the performance standards outlined in the Performance Requirements Summary (PRS) section of this PWS.

1.11.2. Performance Standards. See Exhibit 1. The PRS is a listing of significant performance objectives with associated performance standards that will be monitored and inspected by Government personnel. Each performance objective represents a critical function as identified by the Government at the time of contract award. The performance standard represents the minimum acceptable level of Contractor performance. The performance objectives and standards represent only the critical components of this Contract, and do not excuse the Contractor from performance of other responsibilities identified in the PWS. All services described in this PWS are subject to inspection/surveillance by the Government.

1.11.3. Government Surveillance of Contractor Performance. To supplement the Contractor’s

QCP, WAPA personnel will verify Contractor compliance with essential performance requirements. The Government may use various methods to perform surveillance of Contractor performance, including customer input, random sampling, periodic inspection, Contractor reporting, etc.

1.11.4. Contract Discrepancy Report (CDR). A CDR (PWS Exhibit 2) will be initiated by the

CO or COR if, at any time during the performance, the results of WAPA’s surveillance show the number of observations of unacceptable performance during the period exceeds the threshold specified in the PRS, and the CO/COR determines that the unacceptable performance was not caused by the Government. Instructions for completing the CDR are as follows:

1.11.4.1. The Technical COR completes Blocks 1 through 6 and sends the form to the

CO. Block 6 must include the PRS number corresponding to the discrepancy, the threshold of that PRS item, the number of discrepancies documented, and the PWS paragraph reference describing the Government’s expectations for that PRS item.

1.11.4.2. The CO evaluates the CDR, and if appropriate, signs it and sends it to the

Contractor with a cover letter requesting a response within a specified number of days.

1.11.4.3. The Contractor must complete Blocks 7 through 10 and return the CDR to the

CO within the specified time on the cover letter.

1.11.4.4. Upon receipt of the Contractor’s response, the CO, in consultation with the COR, will evaluate the Contractor’s response and take appropriate action.

The CO will document the evaluation in Block 11 and action taken in Block 12.

1.11.4.5. In most cases, the preferred action is re-performance by the Contractor at no additional cost to the Government. If deduction from payment is the appropriate action, the COR and CO will calculate the payment deduction based on the performance period in which the discrepancy occurred. The deduction is taken from the Contractor’s payment as close as possible to the month in which the discrepancy occurred, but not necessarily the same month.

The Government should not withhold payment of an invoice while calculating the deduction.

1.11.4.6. The COR will complete Blocks 13a and 13b. The CO signs the CDR in Block

13c. These signatures indicate concurrence with the actions taken.

1.11.4.7. In the event the CO determines that issuance of a CDR is not appropriate; the CO shall document the contract file indicating why such action is not appropriate.

1.12. Compliance with Regulations

In performing the work required by this Contract, the Contractor shall comply with all applicable Federal, State, and local laws and regulations.

1.13. Licenses and Permits

The Contractor shall obtain and maintain, at its sole expense, all necessary licenses and permits required to meet the requirements of the contract.

1.14. Government-Furnished Drawings and Maps

Following contract award, WAPA will furnish any necessary drawings for the Contractor’s use in completing the requirements of the contract.

1.15. Government Furnished Property, Equipment, Materials and Utilities

1.15.1. The Government will not furnish any property, equipment, or materials for use under this contract.

1.15.2. The Government will provide electrical power at sites with existing power outlets for the operation of equipment as necessary to perform services. Contractor shall furnish and provide power for those sites without electrical power.

1.15.3. The Government will provide water at sites where it is available from an existing outdoor source. Contractor shall furnish and provide water for those sites without existing water.

1.15.4. Sanitation facilities are available at some sites.

1.16. Materials, Equipment and Storage

1.16.1. The Contractor shall furnish all materials, supplies and incidentals required for the performance of work under this contract.

1.16.2. The Contractor shall determine and furnish all tools and equipment required for the performance of the work under this contract. All equipment shall comply with applicable OSHA guidelines and shall be in good operating condition. The Contractor shall operate the equipment in accordance with the original manufacturer’s recommendation and applicable laws and regulations.

1.16.3. The Contractor shall provide off-site storage space for its materials and equipment.

Materials and equipment shall not be stored on WAPA property.

1.17. Interference with Business

The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and Government employees and carefully schedule its own work to such additional work as may be directed by the COR. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor or by Government employees.

The services under this contract shall be performed in such a way that there will be no interruption to or interference with the normal operation of Government business on the premises. Persons employed by the Contractor shall, while on the premises, comply with all applicable regulations.

1.18. Contractor’s Liability

1.18.1. The Contractor shall be liable for all damages to irrigation and public water sources, grazing land, crops, trees, fences, and any other public or private property, caused by the Contractor’s or any of its subcontractors’ operations under this contract.

1.18.2. Contractor is responsible to promptly notify property owners and WAPA Lands of any damage caused by the Contractor. The Contractor, within 30 calendar days after knowledge of, or notice from, a landowner of damages caused by the Contractor’s operations, shall notify the COR in writing as to the Contractor’s disposition of each such claim.

1.19. Accessing and protecting work sites

1.19.1. Evaluate and Repair

It is the Contractor’s responsibility to investigate the condition of available public and private roads and clearances, restrictions, bridge-load limits, railroads crossings, bond requirements, and other limitations that may affect transportation and ingress and egress at the job sites.

Unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of completion time. The contractor is responsible for the repair of all roads, fences, and structures damaged as a result of Contractor’s work performed under this contract.

1.19.2. Requests to Leave

The Contractor shall cease activities and leave private property if requested to do so by a landowner. The Contractor shall immediately notify the COR of such request and the situation will be resolved by WAPA personnel.

1.19.3. Right-of-Way (ROW)

1.19.3.1. Access Easements: WAPA has acquired access easements from existing public roads to the transmission line and some off right-of-way access along the transmission line. This off right-of-way access route is to provide access to the transmission line structure sites not accessible by traveling the transmission line.

1.19.3.2. Work on the Right-of-Way: Excavation, dozing, and blading for ease of travel may only be performed after field review and approval by the COR.

Unauthorized excavation, dozing, or blading shall immediately be repaired or WAPA will have the damage repaired and back charge the Contractor for all costs involved.

1.19.3.3. WAPA’s ROWs for access to the work vary, and will be provided for each area after award. The Contractor shall confine its work activities to within the existing ROW limits on each transmission line segment. WAPA will furnish the ROW for the transmission line and the ROW for access thereto over routes established by WAPA. The Contractor may not be able to gain access to every structure site or travel continuously along the transmission line.

1.19.4. Existing Roads

Existing roads are available for use, subject to applicable restrictions. The Contractor is required to meet all conditions imposed upon the use of existing roads by those having jurisdiction, including seasonal and other limitations or restrictions, the payment of excess size and weight fees, and the posting of bonds conditioned upon repair of road damage caused by the Contractor. The Contractor shall not impact low water crossings, or other waters/wetland features. The contractor should stay on the roads.

1.19.5. Existing Fences

Fences on ROWs shall be maintained appropriately and left in the same condition as found. The COR may, from time to time, authorize the Contractor to temporarily remove fences until work is completed. All gates shall be left open if found open, or re-locked/shut if found locked or shut.

1.19.6. Railroads, Highways, and Utility Lines

The Contractor shall make necessary provisions to avoid interference with the operation or maintenance of railroads, highways, and overhead utility lines, including transmission, telegraph, and telephone lines, in a manner satisfactory to the owners or operators thereof and to WAPA. If required, the Contractor shall furnish liability insurance, indemnity and other bonds, and secure any required permits.

1.20. Security of Facilities

Security of Government facilities is a shared responsibility of all employees, both Federal and Contractor.

1.20.1. No Contractor or Subcontractor employee shall be allowed to work under this contract without prior approval being obtained from WAPA. This includes management personnel visiting sites.

1.20.2. Prior to being granted access to information such as technical system or architectural drawings, Contractor employees may be required to execute a Confidentiality and Nondisclosure Agreement with WAPA. Failure to execute this agreement shall be grounds for requesting removal from performance on this contract.

1.20.3. All information related to this contract is property of the Government and as such, must be safeguarded. This information may only be disclosed to Contractor personnel directly involved in the program management, administration, servicing, or installation and shall not be released to anyone without the express written consent of WAPA or the originator of the information.

1.20.4. Contract personnel will conform to Federal requirements to ensure that workers are US citizens. If a foreign national is required to be at the work site, the Contractor (to include any subcontractors) will have advance approval from WAPA’s Personnel Security Office. A Foreign National Data Card request will be submitted 45 days prior to the start date of the individual and access will only be granted after final approval of this request.

1.20.5. Contractor personnel shall notify the CO and COR if they have any security issues or concerns.

1.20.6. The Government may require immediate removal of the employee from the contract and the job site for conduct issues deemed by the Government to be serious (for example, violent behavior or comments, theft, misuse of Government equipment, unsafe work practices, fraudulent activity, etc.).

1.21. Safety and Safety Plan

1.21.1. If there is a conflict between the requirements of this PWS and applicable safety, health, or industrial laws and regulations or codes, the more stringent requirements shall prevail.

1.21.2. The Contractor shall comply with the latest effective standards promulgated by the

Department of Labor, Occupational Safety and Health Administration, Safety and Health Standards, 29 CFR 1910 and 29 CFR 1925, and shall comply with all applicable safety and health regulations and requirements, including DOE and WAPA requirements.

1.21.3. The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the safety and health of employees and members of the public and shall comply with all applicable safety and health regulations and requirements, including DOE and WAPA requirements.

1.21.4. The Contractor shall maintain an accurate record of and shall immediately report to the

CO and the COR, all cases of death, occupational disease, or traumatic injury to employees or the public, and any property damage because of performance under this contract.

1.21.5. The Contractor shall report all near misses to the CO and COR within 24 hours of the occurrence. These near-miss reports, identifying the nature of the hazard and the corrective actions which have been implemented to prevent a reoccurrence in the future, may be generic, with no mention of individual employees involved in the incident. Near-miss reports are used as an information tool and are distributed regionally.

1.21.6. The Contractor shall ensure that its employees are provided with personal protective equipment (PPE) as necessary in accordance with established regulations and procedures. This equipment includes, but is not limited to, occupational foot protection and eye and face protection as required by OSHA Standards, 29 CFR 1910 and as required by WAPA safety standards and directives.

1.21.7. The Contractor shall ensure that its employees have been appropriately instructed and trained in the proper use of any equipment, vehicles, and/or personal PPE needed for the performance of their duties. The Contractor shall ensure that its employees comply with all applicable Federal, State, and/or local safety rules and regulations.

1.21.8. The Contractor is required to establish a Safety Plan/Program that includes, in addition to other requirements, an onsite pre-work safety meeting. The plan standard is available to the public at: https://www.wapa.gov/DoingBusiness/SellingToWestern/Pages/what-western-buys.aspx and the safety plan is under Section 1.4.1 of the Construction Standards. The plan shall address the relevant sections, the potential hazards and mitigation of the work being performed.

1.21.9. If a subcontractor is utilized, the subcontractor will be aware of the prime Contractor’s safety plan and adhere to those safety precautions.

1.21.10. Equipment shall be designed, manufactured, maintained, and operated as required by

OSHA 1926 and OSHA 1910 and the requirements of this section. Equipment shall be used only for the manufacturer's intended purpose. Contractor shall adhere to all manufacturers’ safety restrictions, warnings, and advisements.

1.21.10.1. 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 (this does not apply to ATVs). Getting on or off equipment while in motion is prohibited.

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

1.21.10.3. Rollover Protective Structures and Seat Belts. 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.

1.21.11. Fire protection procedures and facilities shall including requirements in OSHA 1926, Subpart F, “Fire Protection and Prevention.”

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

1.21.13. A comprehensive daily inspection program for inspecting tools, equipment, and facilities. The inspection program shall document observed hazards and the corrective actions taken.

1.21.14. The Contractor shall have at least one working device (e.g., cellular 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 nearest area of reception shall be identified.

1.22. Worksite Fire Safety Requirements

1.22.1. Fire Conditions

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 any such costs shall be included in the Contractor’s bid.

1.22.2. Engines Equipped with Spark Arrestors

When working within National Forest boundaries, 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.

1.22.3. Other Fire Requirements

All equipment, including pickups, service vehicles, machines and equipment, 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 applicable fire regulations and restrictions issued by Federal and State agencies.

1.23. Environmental Requirements

1.23.1. Contractor Generated Waste

General: Contractor shall dispose of or recycle waste material in accordance with applicable laws and regulations. Remove all waste material from the work site. No waste shall be left on WAPA property, ROW, or easement. Burning or burying of waste material is prohibited.

1.23.1.1. Recycling. All materials generated from the project that can be recycled, shall be recycled. Quantities of recycled and waste materials shall be reported to the COR. The Contractor shall dispose of or recycle hazardous, universal, and non-hazardous waste material in accordance with all applicable Federal, State, and local laws, regulations and ordinances and current policies and procedures identified by WAPA. Wastes shall be reduced by recycling, reusing, or reprocessing to the maximum extent practicable.

1.23.1.2. Hazardous, Universal, and Non-Hazardous Wastes. The Contractor will manage hazardous, universal, and non-hazardous wastes in accordance with all applicable State, Federal and Local regulations. Hazardous wastes anticipated under this contract include used oil, coolant, and filters. Facilities exist for disposal of these items at Elverta Maintenance Facility and Redding Maintenance Facility. Disposals of all hazardous waste will be coordinated through the COR and the WAPA Environmental office. In the event of a spill, the Contractor shall pay for the services of the hazardous waste disposal contractor of WAPA’s choosing.

1.23.2. 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 its in/actions or the in/actions of its subcontractor(s). This includes all response, investigation, cleanup, disposal, permitting, reporting, and requirements from the appropriate environmental regulation agency/ies In the event of a spill, the Contractor shall pay for the spill contractor, laboratory (and associated turnaround times), and waste disposal contractor of WAPA Environmental choosing. Spill reporting to environmental regulatory agencies, if required, would be performed by WAPA Environmental.

All significant (>10 gallon or any amount to surface water) spills of regulated material, such as but not limited to petroleum products and corrosive materialsm, shall be reported to the COR and WAPA Environmental. Disposal of waste generated from spill response activities shall be managed according to section 1.23.1.2.

1.23.3. Pollution 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 any solvent, fuel, oil, paint, pesticide, engine coolants, and similar substances.

1.23.3.1. Spill Prevention, Notification and Cleanup Plan.

The Plan shall include the following:

A. 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, paints, and other substances in spill proof containers; and management techniques such as requiring workers to handle material in certain ways.

B. 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, the procedures for notifying the COR, and the telephone numbers for notification.

C. 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.

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

1.23.4. Landscape Preservation. The Contractor shall, as much as practicable, preserve the existing landscape to include vegetation, structures, equipment, utilities, and improvements. Except where pole inspection and treatment 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. Movement of crews and equipment within the Rights-Of-Way (ROW) and over routes provided for access to the work shall be performed in a manner to prevent damage to grazing land, crops, and property.

The Contractor shall not leave “borrow” holes around the poles, where “borrow material” was excavated to fill in the excavations around the poles. The area around the structures shall be smoothed and left in the same condition as existed before the below ground inspections were started.

1.23.5. Pesticide. The term “pesticide” includes herbicides, insecticides, rodenticides and fungicides. Pesticides shall only be used in accordance with their labeling. Use Environmental Protection Agency (EPA) registered pesticides.

Mixing or application of pesticide or other potentially toxic chemicals will be prohibited within 250-feet of a vernal pool, vernal pool grassland, or seasonal wetland.

Application by direct application methods will be prohibited within 50-feet of a seasonal wetland in the wet season (generally October 1 – May 31) and allowed up to the edge of the pool or seasonal wetland in the dry season (generally June 1 – September 30). Only direct/targeted application into borings is authorized.

For activities within 100 feet of any seep, spring, pond, lake, river, stream, or marsh, or any of their associated habitats only direct application treatments will be allowed using pesticide approved for aquatic use by the U.S. EPA and in coordination with the appropriate federal land manager, where applicable.

For activites within 100-feet of special status plant populations, pesticide is prohibited

Broad spray application methods are not authorized.

The herbicide restriction measures generated by the CA Department of Pesticide Regulation PRESCRIBE database supersede those above where they are different.

The pesticide use plan shall include: 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.

1.23.6. Reseeding or Replanting

Special reseeding and replanting is not required, but Contractor shall leave all areas in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. Destruction, scarring, damage, or defacing of the landscape resulting from the Contractor's operations shall be repaired as directed by the COR at no additional cost to the Government.

1.23.7. Roads

Construction of temporary roads is prohibited. Existing roads shall be used to access the work. Sites that cannot be accessed by existing roads may require access by foot or other means.

1.23.8. Noxious Weed Control

The Contractor shall: 1) comply with all applicable noxious weed control laws and 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 ROWs.

1.23.9. Prevention of Water Pollution

The Contractor shall ensure that surface and ground water is protected from pollution caused by field operation activities. The Contractor shall comply with all applicable water pollution regulations and requirements. The Contractor shall not refuel any vehicle within 300 feet of a perennial stream or river channel. The Contractor shall be responsible for the application of erosion control measures such as weed-free wattles and silt fencing, dependent on site condition, landowner request, and in compliance with all applicable laws and regulations.

Stream Crossings. The crossing of any stream or other waterway shall be conducted in compliance with all applicable laws and 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.

1.23.10. Prevention of Air Pollution

Contractor shall ensure that field activities and the operation of equipment are undertaken to reduce the emission of air pollutants. Contractor shall submit a copy of any permits required from Federal, State, or local agencies to the COR 14 calendar days prior to the start of work. The Contractor’s and subcontractor’s machinery shall maintain compliance with California Air Resources Board equipment regulations at all times. Contractors and sub-contractors may utilize rented equipment to meet these requirements, but must keep a copy of the rental agreement on the jobsite at all times.

1.23.11. Preservation of Cultural and Paleontological Resources

The Contractor shall not remove, damage, or alter cultural artifacts or paleontological resources (e.g., fossils). Cultural artifacts may be of scientific or cultural importance and include, but are not limited to: bones, pottery, glass, projectile points (arrowheads), other stone or metal tools, historic buildings, and features. Paleontological resources may 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 projects.

1.23.11.1. Known Cultural or Paleontological Sites.

Following contract award, WAPA will provide maps showing sensitive areas located on or immediately adjacent to the transmission line ROW and/or facility. These areas shall be considered avoidance areas. Prior to any work activity, the avoidance areas shall be marked or otherwise identified in a manner approved by the COR and Environment. Contractor shall instruct employees, subcontractors, and others that vehicular or equipment access to these areas is prohibited. If access is absolutely necessary, Contractor shall first obtain written approval from the COR. For some project work, WAPA may furnish an archaeological or paleontological monitor at or near cultural or paleontological site locations. The Contractor shall work with the monitor to identify avoidance areas.

1.23.11.2. Unknown Cultural or Paleontological sites.

On rare occasions cultural or paleontological sites may be discovered during work activities. If evidence of a cultural or paleontological site is discovered, Contractor shall immediately notify the CO and COR and give the location and nature of the findings. Contractor shall immediately stop all activities within a 200-foot radius of the discovery and shall not proceed with work within that radius until directed to do so by the COR and Environment. The Contractor shall protect the area and shall not remove, handle, alter, or damage artifacts or fossils uncovered during field operations.

1.23.12. Conservation of Biological Resources.

Federal law prohibits the “take” of endangered, threatened, proposed or candidate wildlife or 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 shall take precautions to avoid harming any other wildlife species. The Contractor shall not disturb nests of any species of bird.

1.23.12.1. Migratory Birds

The Migratory Bird Treaty Act of 1918 protects migratory bird species, their nests and eggs from injury or death. Impacts to migratory bird nests will be avoided during nesting season(s) generally defined as January 1 through September 15 in areas. If construction activities occur during nesting, WAPA will survey the construction area for active migratory bird nests prior to work and will establish appropriate buffers around any nests that may potentially be disturbed.

If active bird nests (i.e., containing chicks or eggs) are found in the immediate area or on any pole, during the inspection and treatment, work will stop at that location and the COR and Environment will be immediately notified.

1.23.12.2. Known Occurrence of Protected Species or Habitat.

Following contract award and when applicable, the COR and Environment will provide the Contractor with drawings or maps showing biologically sensitive or avoidance areas and the relevant standard operating procedures or protective measures that must be adhered to. lPrior to any work activity, the avoidance areas shall be identified by the Contractor in a manner approved by the COR and Environment. If access is absolutely necessary, the Contractor shall first obtain written permission from the COR, noting that a WAPA and/or other Government agency biologist may be required to accompany personnel and equipment. Sesitive or avoidance area markings, if used, shall be maintained through the duration of the work. The Contractor shall remove the markings following completion of the work.

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

1.24. PWS Exhibits

The exhibits listed below are attached to and incorporated into this PWS.

Exhibit 1 Performance Requirements Summary (PRS). The purpose of the PRS is to communicate the Government’s quality expectations and the process to evaluate the Contractor’s performance.

Exhibit 2 Contract Discrepancy Report (CDR)

Exhibit A Required Pole Lists

Exhibit B Pole Circumference Safety Factors

Exhibit C Transmission Line Inspection Report

Exhibit D Wood Poles North Map

Exhibit E Wood Poles South Map

Exhibit F Environmental and Spill Plan Template

2. Scope of Work

Contractor shall inspect, treat, or reject all wood poles in accordance with the contract terms, including this Performance-Based Work Statement (PWS).

Contractor shall perform the required services for all wood pole structures of transmission lines identified in this PWS, including Exhibits. Some locations may require that the COR or other authorized government employee escort the Contractor employee(s). The Contractor shall contact the COR at least one week in advance to make arrangements for inspecting poles in these areas.

Services under this contract include above- and below-ground inspection of wood poles; furnishing and applying below-ground line treatment, internal decay treatment, and preventive fumigant treatment; and tagging and preparing inspection reports on the wood poles on approximately 1012 wood poles. The transmission lines will be energized during the performance of work under this Contract.

This PWS addresses the following general categories of wood pole inspection and treatment services required. The Contractor is responsible to perform the following:

1. Above-ground line inspection of all wood poles.

2. Non-destructive evaluation at ground line for all poles passing the above-ground line inspection.

3. Inspect all poles that pass the above ground line inspection, to a depth of 24 inches below the ground line. All work below groundline shall be done by hand.

4. Reject and mark poles that do not pass the above or below ground line inspections.

5. Furnish and apply ground line treatment to poles that pass the below ground line inspection.

6. Furnish and apply treatment to internal decay, where the need is disclosed by above and below ground line inspections.

7. Backfill all excavations by hand.

8. Tag poles and prepare inspection and treatment reports. The treatment reports shall be submitted in both hard copy and electronic data.

The Contractor is solely responsible for the following: furnish all labor, supervision, travel, materials, equipment, and transportation required to safely and efficiently provide these services under and around energized high voltage transmission and distribution lines ranging in voltages from

4.16 kV to 230 kV. Services will be performed in the state of California and locations listed on Exhibit A. Also see maps in Exhibit D & Exhibit E. All work shall be performed in accordance with all applicable Federal, State, and/or local laws, rules, ordinances and regulations (“laws and regulations”), and approved principles of modern Arboriculture.

The Contractor shall perform the services identified in this PWS with no interruption, disruption, or interference to the operation of the overall power system. The Contractor shall ensure that all its employees, and those of its subcontractor(s) if any, have the appropriate training, qualifications, and competency required to perform the requirements of this contract. 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.

2.1. Inspection and Treatment Practices

2.1.1. General

Poles found to be in good condition and meeting the circumference requirements shall be given treatment. No treatment shall be applied to rejected poles. Replacement of rejected poles is not covered by this Contract and will be accomplished by others. No testing or treatment shall be performed on poles that have an original treatment tag from the pole manufacturer dated within the past 10 years. No climbing of the poles or use of an aerial lift is required.

The Contractor may reject a pole that passes the requirements of this section, if in its expert opinion, conditions of the pole warrant rejection. Rejection shall be noted on the report as “Recommended Rejection,” and the reason shall be stated in the comment column. The pole shall also be marked as specified in Section 2.1.6 below.

2.1.2. Above Ground Inspection

"Above ground line inspection of poles" shall include the cost of visually…