PWS__Falcon_Plant_Gates_Maintenance___Repairs_rev2.pdf

International Boundary and Water Commission United States and Mexico United States Section

Front Cover

Performance Work Statement (PWS) Falcon Power Plant Gates Maintenance and Repairs Starr County, Texas

Solicitation 191BWC19R****

May 1, 2019

International Boundary and Water Commission United States and Mexico United States Section Operations and Maintenance Division

USIBWC Falcon Power Plant

May 1, 2019 Performance Work Statement USIBWC Solicitation 191BWC19R**** Page-i of iii

TABLE OF CONTENTS

Section 1 Project Specific Information

1.1 Project Overview

1.2 General

1.3 Description of Services

1.4 Objective

1.5 Project Location

1.6 Period of Performance

1.7 Investigation of Site Conditions

1.8 Duty to Inquire

1.9 Work Restrictions

1.10 Department of Homeland Security

Section 2 Project Requirements

2.1 General

2.2 Clean-Up and Disposal of Waste Materials

2.3 Warranty

Section 3 Existing Conditions

3.1 General

3.2 Government Furnished Utilities

3.3 Use of Government Land

3.4 Hazardous Materials

Section 4 Quality Requirements

4.1 Common Product Requirements

Section 5 Deliverables

5.1 General

Section 6 Project Coordination & Administration

6.1 General

6.2 Security

6.3 Safety

Section 7 Project Meetings

7.1 General

7.2 Kickoff Meeting

7.3 Progress Meetings

Section 8 Project Schedule

8.1 Description / Purpose

8.2 Schedule Requirements

Section 9 Regulatory Requirements

9.1 Contractor's Responsibility

9.2 Permits

9.3 Dates

Starr County

Performance Work Statement May 1, 2019 Page-ii of iii USIBWC Solicitation 191BWC19R****

9.4 Summary of Regulatory Documents and Agencies

Section 10 Measurements and Payments

10.1 Schedule of Values

10.2 Progress Payment (Lump Sum CLIN)

10.3 USIBWC Payment Processing

10.4 Invoices

Section 11 Abbreviations and Definitions

11.1 Abbreviations

11.2 Definition of Terms

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SECTION 1

PROJECT SPECIFIC INFORMATION

1.1 Project Overview

The United States Section of the International Boundary and Water Commission (USIBWC) requires inspection, maintenance of three (3) Draft Tube Gates and one (1) Penstock Gate at Falcon Power Plant located at FM2098, 1 Reservoir Rd. Falcon Heights, Texas 78545.

1.2 General

This is a non-personnel services Contract to provide Draft Tube/Penstock Gates Inspection, Maintenance, and Repairs. The Government shall not exercise any supervision or control over the Contract service providers performing the services herein. Such Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.3 Description of Services

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Draft Tube/Penstock Gates Maintenance and Repairs as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.4 Objective

A. To provide inspection, maintenance and repair services to three draft tube gates and one penstock gate to meet the power plant’s operations and maintenance requirements.

1.5 Project Location

A. The work is within the United States on land owned by the USIBWC. The Falcon Power Plant site is located at FM2098, 1 Reservoir Rd. Falcon Heights, Texas 78545.

B. The work is located completely within the United States but is adjacent to the international border with Mexico.

C. Access to Falcon Power Plant requires crossing through the United States Port of Entry and complying with proper documentation (passports or other) as required by U.S. Customs and Border Protection officials.

1.6 Period of Performance

A. The contractor shall complete this work within 120 calendar days after the Contract has been awarded to the Contractor.

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1.7 Investigation of Site Conditions

A. The Contractor, as well as their subcontractors, is urged to visit the jobsite and to become fully aware as to the existing conditions affecting the work to be performed under this Contract.

B. Submission of a bid shall be conclusive evidence that the Contractor has reviewed, investigated, and acknowledged all items below.

1. Conditions bearing upon transportation, disposal, handling, and storage of materials.

2. The availability of labor, water, electric power, and roads.

3. Uncertainties of weather and similar physical conditions at the site.

4. The conformation and conditions of the ground.

5. The character of equipment and facilities needed preliminary to and during work performance.

C. Submission of a bid shall be conclusive evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, the character, quality, and work to be performed, and the quantities of materials to be furnished.

D. Submission of a bid constitutes agreement that Contractor has provided written notice of all conflicts, errors, ambiguities, and discrepancies discovered in PWS, that responses to these written notices are acceptable to Contractor, and that PWS is sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing required work.

E. Contractor has the sole responsibility to make such independent instigation and examination as they deem necessary in order to satisfy themselves as to the conditions to be encountered in the performance of work and the quantities required to complete the work in accordance with the PWS.

F. The Government assumes no responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding, or representation is expressly stated in this Contract.

G. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

1.8 Duty to Inquire

A. Contractor shall review the full PWS.

B. If during review of these items, the Contractor finds discrepancies, omissions, conflicts, defects, errors, or ambiguities, they have a duty to inquire and shall notify the Contracting Officer prior to the question submission deadline as established in the solicitation. The Contractor shall also inquire about items that are unclear or open to interpretation.

C. The Contractor shall take no advantage of any item of which they have a duty to inquire.

1.9 Work Restrictions

A. The contractor is responsible for conducting business between the hours of 7:00 AM thru 3:30 PM, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

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B. The Contractor may request different working hours and must do so in writing to the COR.

USIBWC Principal Engineer of Operations will make final determination as to the approval of a different work schedule.

1.10 Department of Homeland Security

In any event the staff of the US Department of Homeland Security (DHS, also known as US Customs and Border Protection or CBP) alerts and directs any field crews to stop work in for any security reasons in the area, the Contractor shall consider this as top priority and fully cooperate with the directions of DHS at all times until the security alert is cleared by the DHS. In addition, the Contractor shall contact and coordinate with the COR for any additional steps to be taken during and after the security alert from the DHS is cleared.

SECTION 2

PROJECT REQUIREMENTS

2.1 General

A. A comprehensive cleaning sandblasted and repainting of the three (3) Draft Tube Gates at Falcon Power Plant shall be provided for corrosion control and structural damages.

B. A full Hydraulic Structural Steel inspection on the three (3) draft tube gates at Falcon Power Plant shall be provided.

C. A full Hydraulic Structural Steel inspection and comprehensive cleaning sandblasted and repainting rehabilitation on Penstock 1 intake gate system at Falcon Power Plant shall be provided.

D. The broken guides on all four Penstock gates shall be repaired and rubber seals for all gates shall be installed.

E. The Contractor shall submit a project schedule to be reviewed and approved by Power Plant Superintendent.

F. The Contractor shall submit a list of material to be used in this project (Epoxies, sand, paint, and equipment) to be reviewed and approved by the Power Plant Superintendent.

G. The Contractor shall submit a cleaning, sandblast, paint, structural test procedure to be reviewed by Power Plant Personnel prior to start the project.

H. The Contractor shall submit a Job Safety Analysis (JSA) Form filled out to be reviewed by Power Plant Personnel.

I. Conduct a Safety Meeting with all the personnel involved in the project and Power Plant Personnel prior to start the project.

J. The Contractor shall develop a screening list to perform a start/final inspection in all three Draft Tube Gates and the Penstock 1 gate. Power Plant personnel shall be present when they perform those inspection.

K. The Contractor shall submit a Final Report after the project is completed within 3 days. The report shall cover previous conditions with pictures, final conditions with pictures, and suggestions to maintain those gates and penstock.

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L. The Contractor must follow the latest standards to repair and perform Hydraulic Structural Steel inspection/test for all four gates. United States Army Corps of Engineers (USACE), Environmental Protection Agency (EPA), The National Hydropower Association , and other safety agencies.

2.2 Clean-Up and Disposal of Waste Materials

A. The Contractor shall be responsible for the cleanup and disposal of waste materials and rubbish from the site, field office(s), and staging area(s).

B. The disposal of waste materials and rubbish shall be in accordance with applicable Federal, state, and local laws and regulations and with the requirements in these Contract documents. Should a conflict exist in the requirements for cleanup and disposal of waste materials, the most stringent requirements shall apply.

1. All waste unless otherwise noted in these specifications shall be disposed of at a licensed landfill or waste disposal facility.

2. Recyclables

a. The Contractor shall dispose of recyclable and reusable products through waste disposal only as a last option.

b. Scrap metal shall be donated or sold to scrap dealers or recycle centers whenever possible.

C. No excess materials shall be deposited within Government property, unless compliance confirmed by the Government. Excess materials not compliance confirmed by the Government for placement on Government property shall be disposed of or reused by the Contractor at another site.

D. The Contractor shall maintain work and storage areas free from accumulations of waste materials and rubbish and before completing the work, shall remove all temporary facilities, including, buildings, unused materials, concrete forms, and other like materials, which are not a part of the permanent work.

2.3 Warranty

A. The Contractor shall warrant that work performed under this PWS conforms to the Contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier for a period of at least three (3) years.

1. The Contractor is responsible for providing warranties on items when the manufacturer's warranty is less than the time period indicated in Paragraph 2.3B A or when the manufacturer's warranty does not cover full repair and/or replacement as appropriate.

B. The Contractor shall obtain warranties from responsible subcontractors, suppliers, and manufacturers, within sixty (60) days after completion of the applicable item of work, but no later than the date of warranty commencement.

C. Starting date of warranty is date of substantial completion.

D. A warranty requires that if a warranted item fails to meet Contract requirements, it shall be repaired, replaced, or have other remedial actions taken to bring the item into compliance with the Contract requirements. Any item damaged due to failure or malfunction of item warranted under this Contract shall be repaired or replaced at no cost to the Government.

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E. The Contractor shall supply the CO with a telephone number, mailing address, email address, and contact name for the point of contact for any required warranty work.

SECTION 3

EXISTING CONDITIONS

3.1 General

A. There are three draft tube gates (one per unit) at the Falcon Power Plant. The gates are raised and lowered with the gantry crane. There are no spare gates. The gates were last removed and repainted in the 1980’s. The gates are presumed to be original to the Power Plant.

B. There are three Penstock intake gates (one per unit) at the Falcon Power Plant. The gates are roller gates affixed to a large vertical hydraulic cylinder. The gate hydraulic system is original, and the last rehabilitation was performed in 1985. The rehab consisted of sand-blasting and painting of the gates and cylinder. The age of the gate seals is unknown. There are numerous micro-leaks in the hydraulic power units and controls. There is prevalent corrosion in the Penstock 1 gate, but it appears to be mostly superficial. The gate seals provided an 80% to 90% seal. Leakage is located at the seal and not the gate structure.

3.2 Government Furnished Utilities

A. The Government will not be furnishing any utilities for this project including, but not limited to:

electricity, telephone, sewer, and natural gas.

3.3 Use of Government Land

A. The Contractor's facilities shall be arranged and operated in a manner to preserve and protect existing features, trees, and vegetation to the maximum extent practicable. The location, construction, operation, maintenance, and removal of Contractor's facilities on Government land shall be subject to the approval of the COR.

B. USIBWC land is not available for use for the Contractor's field office and/or sheds.

C. USIBWC property is available for use as the Contractor's staging and/or storage areas.

D. Housing for Contractor personnel will not be permitted on Government land.

3.4 Hazardous Materials

A. The Contractor is responsible for evaluating the existing systems to determine the presence of lead or asbestos-containing materials.

B. The Contractor shall provide a finding report to the COR to include a plan for handling and proper disposal of lead and/or asbestos-containing materials prior to the removal of the existing systems.

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SECTION 4

QUALITY REQUIREMENTS

4.1 Common Product Requirements

A. Materials Certification The Contractor shall submit a materials certification package to COR which contains a checklist and supporting documentation for all materials used on the project. The supporting documentation shall consist of a summary of all documentation practices utilized for material acceptance and explanations of any deficiencies noted on the checklist.

1. Material certifications shall ensure that all items meet the Buy American Act (41 USC 10a - 10d).

B. Source Control

1. The Contractor shall use only materials that meet the Contract requirements.

2. Unless otherwise specified or compliance confirmed, the Contractor shall use new materials for the work. Material can be reused onsite upon written approval of COR.

3. All materials installed shall be free of defects.

4. The Contractor shall secure the Government’s compliance confirmation of the proposed source of materials to be used before their delivery.

C. Quality Control / Quality Assurance of Materials

1. Source Limitations To the greatest extent possible for each item of work, the Contractor shall provide materials of a singular generic kind from a single source.

2. Compatibility of Options Where more than one choice is available as options for Contractor's selection of a product, material, or equipment, the Contractor shall select an option which is compatible with other products, materials, or equipment. Compatibility is a basic general requirement of product, material, and equipment selections.

3. Field Measurements Verify field measurements, lines, grades, locations, and details at the jobsite prior to fabrication. It shall be the Contractor's responsibility to conform to and satisfy actual field conditions, for accuracy of dimensions, proper fit, and for adequacy of use intended.

4. The Contractor shall correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. The Contractor shall reimburse the Government for cost incurred if additional quality assurance sampling and testing is required by a change of source.

5. Materials not meeting Contract requirements will be rejected, unless the Government approves corrective actions in writing. Upon rejection, the Contractor shall immediately remove and replace rejected materials. Should the Contractor fail to comply with the removal of rejected materials, the Government may remove and replace defective material and the cost of testing, removal, and replacement will be deducted from the Contractor’s monthly pay estimate or final payment.

D. Hazardous Materials

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The Contractor shall use materials that are free of hazardous materials. The Contractor shall notify the Government immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the Government may contain hazardous materials.

E. Surplus Materials

1. The Contractor shall take ownership of surplus materials unless otherwise indicated in the Contract documents.

2. The Contractor shall remove and dispose of materials in accordance with Paragraph 2.2 If requested or otherwise noted in these specifications, the Contractor shall provide an appropriate level of documentation to verify proper disposal.

F. Storage and Protection

1. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication.

2. Store and protect products in accordance with manufacturers' instructions.

3. Store with seals and labels intact and legible.

4. Prevent contact with material that may cause corrosion, discoloration, or staining.

5. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage.

6. The Contractor shall store and handle materials to preserve their quality and fitness for the work and shall store materials so that they can be easily inspected and retested. When required by the Government, the Contractor shall protect the material with cover, on wooden platforms, or on other hard, clean surfaces as necessary.

SECTION 5

DELIVERABLES

5.1 General

A. Deliverables include, but are not limited to:

1. Project Schedule

a. Project Schedule is to be delivered to COR within seven (7) Calendar Days of contract award.

2. Licenses and Certifications

a. The Contractor shall submit all Licenses and Certifications construction/repair engineers and installers

3. Maintenance Procedures:

a. All pre-engineering procedures shall be approved by Power Plant Superintendent and

Power Plant Electrical Engineer prior to perform the project.

4. Installation Procedure Plan

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a. The Contractor shall develop, provide a procedure to remove, perform the project and install gates to avoid disturbing Falcon Power Plant daily operations.

5. Reports

a. The Contractor shall provide a final report on the Full Hydraulic Steel inspection of the draft tube gates and Penstock 1 intake gate system. The report shall document the comprehensive cleaning and rehabilitation of the draft tube gates.

6. Material and equipment certifications

7. Product submittals

8. Safety documents

9. Warranty

SECTION 6

PROJECT COORDINATION & ADMINISTRATION

6.1 General

A. The Contractor shall provide all materials, equipment, labor, and services required by this Performance Work Statement to perform the work for the Contract sum and within the Contract time.

B. The Contractor shall be responsible for ensuring that all of its suppliers, manufactures and subcontractors have reviewed all applicable documents relative to their work. The Contractor shall provide all labor, material, equipment, and services not provided by the Contractor’s suppliers, manufacturers, fabricators, and/or subcontractors.

6.2 Security

The Contractor is responsible for securing the work site, equipment, and materials from vandalism and theft.

6.3 Safety

A. The Contractor is solely responsible for worksite safety while performing work or inspections on Government property. The Contractor shall implement a safety program that protects the lives and health of personnel in the project area, prevents damage to property, and avoids work interruptions.

B. The Contractor is responsible for being cognizant of and ensuring compliance with the requirements set forth. Such responsibility shall apply to both the Contractor’s operations and those of the Contractor’s subcontractors.

C. The Contractor shall comply with all provisions of all applicable regulations of the Occupational Safety and Health Administration (OSHA), 29 CFR 1910, Occupational Safety and Health Standards, and 29 CFR 1926, Construction Standards.

1. The OSHA 29 CFR 1910 and 29 CFR 1926 can be accessed at http://www.osha.gov or http://www.gpo.gov/fdsys/.

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D. The Contractor’s personnel shall be required to use appropriate personal protective equipment such as, but not limited to: hard hats, safety goggles, welding shields, face shields, protective footwear, protective gloves, and hearing protection.

E. The Contractor shall perform daily housekeeping. The Government will not provide trash dumpsters.

SECTION 7

PROJECT MEETINGS

7.1 General

A. The Contractor, the COR, or the CO may schedule project meetings at any time.

B. When USIBWC schedule's a meeting, the COR shall inform participants and others involved and individuals whose presence is required, of date and time of each meeting. The COR shall prepare the meeting agenda and distribute to all invited attendees.

C. When the Contractor schedule's a meeting, the Contractor shall inform participants and others involved and individuals whose presence is required, of date and time of each meeting. The Contractor shall prepare the meeting agenda and distribute to all invited attendees.

D. The following meetings are anticipated and the Contractor shall identify them in the Schedule:

1. Kickoff Meeting

2. Progress Meetings

7.2 Kickoff Meeting

A. After award of the Contract, the COR will coordinate with the Contractor to schedule a Kickoff Meeting. The meeting shall take place prior to the beginning of any Contract work.

B. The purpose of the meeting is to introduce project personnel and to review responsibilities and procedures.

C. The Contractor shall reach an understanding with the Government regarding the project requirements as stated is this Performance Work Statement. This understanding shall be documented in writing and approved by the CO after the Kickoff Meeting.

D. Attendees include, but are not limited to:

1. Contractor's Project Manager

2. COR

3. Falcon Power Plant Representative

4. It is recommended that Contractor's engineers, inspectors, subcontractors, suppliers, and other concerned parties also attend the conference. The Contractor may invite anyone they wish to this meeting.

5. All participants at the conference shall be familiar with the project and authorized to conclude matters relating to the work.

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E. Agenda Discussion of items of significance that could affect the work and project, including the following:

1. Introduction/designation of key personnel and their duties.

2. Review of the current phasing, critical work sequencing, and long-lead items.

3. Review of minimum project requirements.

4. Review of procedures for handling and processing modifications, RFIs, deliverables, and applications for payment.

5. Preparation of deliverable documents.

6. Use of site.

7. Work restrictions.

8. USIBWC and other's occupancy requirements.

9. Safety and first aid.

10. Security.

11. Maintenance of project site.

12. Working hours.

F. Meeting Minutes The Contractor will record the discussions of the meeting and distribute the minutes to all attendees for review prior to finalizing.

7.3 Progress Meetings

A. The COR will schedule progress meetings once the Contractor has mobilized onsite. The COR will conduct and issue minutes of the meetings. Meeting minutes will become official Contract correspondence.

B. The Government may call other meetings on an "as needed" basis.

C. The purpose of these meetings shall be to analyze the progress of the work, resolve conflicts, and in general coordinate the operation of all organizations active at the project site.

SECTION 8

PROJECT SCHEDULE

8.1 Description / Purpose

A. The Contractor shall prepare a project schedule which shall reflect completion of all work under this Performance Work Statement and shall include allotted time for all related activities by other agencies within the allotted Contract period.

B. The first compliance confirmed schedule that properly shows all activities within the allotted period shall be the baseline schedule.

8.2 Schedule Requirements

A. Project schedule submittals for compliance confirmation shall include an electronic pdf file.

1. All abbreviations shall be defined.

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2. Each project schedule shall show a revision date.

B. The Contractor shall provide an updated schedule with any invoices.

C. Schedule Requirements

1. Baseline Schedule

a. A complete baseline schedule shall be submitted. The Government will review the project schedule and submit comments and required revisions within fourteen (14) calendar days of receipt.

(1) Failure to include any work item required for performance of this Contract shall not excuse Contractor from completing all work within applicable completion dates, regardless of Government's compliance confirmation of the schedule.

b. Upon compliance confirmation of the baseline schedule, save the schedule as a baseline and update on a monthly basis. The schedule update will be used to evaluate the Contractor's progress and invoice payments.

2. Baseline Schedule Preparation Prepare a list of all activities required to complete the work. The baseline schedule shall include all planned work activities and sequences and show Contract completion within the number of calendar days specified in the Contract.

a. Activities

(1) Indicate the estimated duration, sequence requirements, and relationship of each activity in relation to other activities.

b. The baseline schedule as developed shall show the sequence and interdependence of activities required for complete performance of the work.

c. Time Frame Proposed duration assigned to each activity shall be the Contractor's best estimate of time required to complete the activity considering the scope and resources planned for the activity.

(1) Incorporate inspections, permitting, repairs, and other activities that may affect the completion of the Contract in the project schedule.

(2) Show a beginning date, ending date, and duration in number of calendar days for each activity.

(3) Show float for each work activity.

d. Constraints Include constraints and work restrictions in schedule and show how the sequence of work is affected.

e. Milestones Include milestones indicated in this document in schedule, including, but not limited to, the cleaning, inspection, repair, or other items as determined by the Contractor.

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SECTION 9

REGULATORY REQUIREMENTS

9.1 Contractor's Responsibility

A. It is the Contractor’s responsibility to perform work in compliance with all applicable requirements of federal, state, and local laws, codes, rules, regulations, ordinances, and standards, including, but not limited to, those outlined in 9.4 below.

B. It shall be the responsibility of the Contractor to acquire copies of all applicable codes, regulations, and standards for ready reference.

C. In instances where requirements are in conflict, the stricter standard shall apply.

D. Any and all inspections, observations, or tests required for code compliance are the responsibility of the Contractor.

9.2 Permits

A. Prior to the beginning of work, the Contractor shall be responsible for researching, coordinating, obtaining, and paying all applicable fees for all permits required by Federal, state, and local entities.

The Government is not responsible for any existing or newly introduced permits required before, during and/or after work on of this project.

B. The Contractor shall be responsible for and shall give and maintain any and all notices required by applicable regulations, laws, or permitting authorities pertaining to work on of this project.

C. Building Permits

1. USIBWC is not required to obtain building permits from local jurisdictions on real estate owned or controlled by USIBWC. However, work on utility connections, sewer connections, and fire-protection systems may require liaison with local jurisdictions. The Contractor shall be responsible for identifying the coordination required.

2. Though the USIBWC is not required to obtain building permits from local jurisdiction, the Contractor shall comply with state and local building codes to the maximum extent practicable. USIBWC has the final authority to accept or reject any recommendation from state and/or local government officials.

9.3 Dates

A. For all related standards and regulatory requirements in this document, the version, edition, or year shown indicates the governing version.

B. All Public Laws, Code of Federal Regulations (CFR), Federal Acquisition Regulation (FAR), Executive Orders (EOs), Management Policies, Government Directives, Government Standards, refer to the original document as well as any subsequent amendments, corrections, and/or additions.

1. The latest amendments, corrections and additions are to be assumed applicable in the same way as the document itself.

2. The version in effect as of the issuing date of the Solicitation for this project governs unless the law, regulation, order, policy, directive, or standard is updated with a retroactive clause.

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9.4 Summary of Regulatory Documents and Agencies

Regulatory requirements applicable to this project are listed below.

A. Occupational Safety and Health Administration (OSHA)

1. Occupational Safety and Health Standards (29 CFR 1910)

a. https://www.osha.gov/law-regs.html

2. Construction Standards (29 CFR 1926)

a. https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS& p_toc_level=1&p_keyvalue=Construction

B. Public Laws and Acts All Public Laws and Acts can be found at http://www.gpo.gov/fdsys/

1. An Act Authorizing the Transfer of Certain Real Property for Wildlife, or other purposes [16 USC 667b]

2. Buy American Act [41 USC 10a - 10d]

3. Clean Air Act

4. Clean Water Act

5. Endangered Species Act (ESA)

6. Federal Environmental Pesticide Control Act [7 USC Chapter 6]

7. Fish and Wildlife Act of 1956 [16 USC 742f (a) (4) and 16 USC 742f(b)(1)]

8. Migratory Bird Treaty Act (MBTA) [16 USC 703 through 712]

9. National Environmental Policy Act (NEPA) [42 USC 4321-4347]

10. National Historic Preservation Act (NHPA) of 1966

11. National Wildlife Refuge System Improvement Act of 1997

12. Refuge Recreation Act [16 USC 460k-1 and 2]

13. Resource Conservation and Recovery Act (RCRA)

14. Solid Waste Disposal Act

15. Toxic Substance Control Act

16. Wild and Scenic Rivers Act

C. State of Texas

1. Texas Engineering Practice Act and Rules Concerning the Practice of Engineering and Professional Engineering Licensure

a. http://www.tbpe.state.tx.us/downloads/law&rules.pdf

SECTION 10

MEASUREMENTS AND PAYMENTS

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10.1 Schedule of Values

A. Breakdown each lump sum item into component work activities used in the schedule for which invoices may be requested. The work activities broken out within the Schedule of Values shall be integrated into and made a logical part of the baseline schedule submitted under this section.

1. The total costs for the component work activities shall equal the Contract price for that lump sum item.

2. Overhead, general and administrative expenses, escrow, bonds, profit, and other across the board markups shall be applied to each line in the Schedule of Values uniformly.

3. An unbalanced Schedule of Values providing for overpayment to the Contractor for items of work to be performed first will not be compliance confirmed but shall be revised by the Contractor and resubmitted until acceptable to the COR. If requested by the Government, the Contractor shall furnish full copies of subcontracts showing actual costs.

4. The Government may request data to verify accuracy of dollar values.

B. Do not break down unit price items. Use only the Contract price for unit price items.

C. An acceptable Schedule of Values shall be agreed upon by the Contractor and COR before the first invoice is processed.

D. The following items shall have an entry in the Schedule of Values. The Contractor may breakdown each item listed into subsections if they so choose. The Contractor may add additional items. The items shown are the minimum required.

1. Falcon Power Plant Draft Tube Gates Inspection

2. Falcon Power Plant Penstock 1 Intake Gate System Maintenance and Repairs

10.2 Progress Payment (Lump Sum CLIN)

A. The Schedule of Values shall be used to prepare an invoice request for the items, or portions of items, of the work completed during the monthly progress period.

B. As the activity progresses, the Contractor will be paid the value based on the percentage associated with the activity in the Schedule of Values.

C. The progress payments are made to benefit the Contractor. These payments are made based upon preliminary deliverables, preliminary field inspections, preliminary testing data, and/or preliminary reports. Progress payments do not constitute acceptance of any portion of the work and do not reduce the Contractor’s liability to replace unsatisfactory work, material, or equipment.

D. No progress payment will be made when, in the judgment of the Government, the work is not proceeding in accordance with the provisions of the Contract.

10.3 USIBWC Payment Processing

A. The Contractor shall submit an electronic copy of their invoice to USIBWC's Finance and Accounting Division (FAD) via invoices@ibwc.gov. The Contractor's invoice is not officially received by the Government until USIBWC-FAD receives and date stamps the invoice.

1. A copy of the invoice shall be emailed to the CO and COR concurrently with emailing the invoice to FAD.

2. The electronic pay estimate sent to FAD shall be in pdf format.

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B. The invoice for this Contract shall not be combined with any other work or other Contracts; it shall be for this Contract only.

10.4 Invoices

A. The Contractor shall submit invoices per FAR 52.232-25 Prompt Payment.

1. The Contractor's invoice must contain

a. Name and address of the Contractor.

b. Invoice date and invoice number. The Contractor shall date invoices as close as possible to the date of emailing.

c. Contract number

d. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

e. Payment terms.

f. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the Contract or in a proper notice of assignment).

g. Name, title, phone number, and email address of person to notify in the event of a defective invoice.

h. Any other information or documentation required by the Contract or this PWS.

i. Itemized billing by Schedule of Values.

j. Previously billed total.

SECTION 11

ABBREVIATIONS AND DEFINITIONS

11.1 Abbreviations

Wherever the following abbreviations and terms are used in this PWS or other Contract documents, the intent and meaning will be as follows:

ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM ASTM International CBP Customs and Border Protection CD Compact Disc (may be used interchangeably with DVD) CFR Code of Federal Regulations CLIN Contract Line Item Number CO Contracting Officer COB Close of Business COR Contracting Officer's Representative CPM Critical Path Method D&O Deficiency and Omission DHS US Department of Homeland Security dpi Dots per inch DVD Digital Video Disc (may be used interchangeably with CD) EO Executive Order

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EPA US Environmental Protection Agency ESA Endangered Species Act, 16 USC 1531 et seq.

ESD Engineering Services Division, USIBWC FAD USIBWC Finance and Accounting Division FAR Federal Acquisition Regulations FT Foot/feet FY Fiscal Year (October 1 through September 30) IBWC International Boundary and Water Commission ICC International Code Council IFB Invitation for Bid IGE Independent Government Estimate in Inch IPC International Plumbing Code JHA Job Hazard Analysis LBS Pounds LDs Liquidated Damages LS Lump Sum MAX Maximum MBTA Migratory Bird Treaty Act, 16 USC 703 - 712 MFL magnetic flux leakage MIN Minimum MIN Minute Mod Contract modification MSDS Material Safety Data Sheets (has been replaced with SDS) NA Not Applicable NEPA National Environmental Policy Act NFPA National Fire Protection Association NHPA National Historic Preservation Act, 54 USC 300101 et seq.

NIST US National Institute of Standards and Technology NSF National Science Foundation NTP Notice to Proceed O&M Operations and Maintenance OEM Original Equipment Manufacturer OIG Office of Inspector General OSHA Occupational Safety and Health Association PE Professional Engineer PPE Personal Protective Equipment PSI Pounds Per Square Inch PSL Project Specific Locations PT Liquid Penetrant Testing QA Quality Assurance QC Quality Control RCRA Resource Conservation and Recovery Act RFI Request for Information RFP Request for Proposal ROW USIBWC Right of Way RT Radiographic Testing s Second SBU Sensitive But Unclassified

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SDS Safety Data Sheets (new name of MSDS) SF Square Foot PWS Performance Work Statement TAC Texas Administrative Code TBD To be Determined TCEQ Texas Commission on Environmental Quality TIA Tentative Interim Amendment TX Texas TYP Typical US United States USC United States Code USIBWC International Boundary and Water Commission, United States Section YR Year

11.2 Definition of Terms

Definitions of terms used include the following:

Addendum Change in proposal forms developed between advertising and bid submittal deadline.

Baseline Schedule The compliance confirmed schedule used as a basis to judge progress on the project.

Business Day All days in a month excluding weekends and holidays.

Calendar Day All days in a month including weekends, holidays, and both work and non-work days.

Contract The agreement between the USIBWC and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents.

Contract Documents Elements of the Contract including but not limited to the plans, Performance Work Statement, technical specifications, provisions, Contract bonds, modifications, and supplemental agreements.

Contract Drawings Any drawings produced as part of this Contract/Contract.

Contract Time The number of calendar days specified for completion of the work including authorized additional working days.

Contracting Officer Authorized representative of the USIBWC with the authority to enter into, administer and/or terminate Contracts and make related determinations and findings.

Contracting Officer’s Representative An individual, designated in writing, by the Contracting Officer authorized to perform specific technical and administrative functions.

Critical Path The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall project duration. The critical path may contain float.

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Critical Path Method An activity-oriented scheduling method, where activities and durations are well-defined for the development of the project.

Network calculations determine when activities can be performed and the critical path of the project.

Contractor The individual, partnership, limited liability company, corporation, or joint venture and all principals and representatives with which the Contract is made by the

USIBWC.

Deliverable Item required to be delivered by Contractor to USIBWC to meet requirements of this Performance Work Statement.

Engineer A professional engineer or engineering firm registered professional in the State of Texas.

Float The measure of leeway in starting and completing an activity in a CPM schedule. Float is not for the exclusive use or benefit of either the Government or the Contractor but is jointly owned.

Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned project completion date.

Flood An overflow of water that submerges land which is usually dry.

Flooding can be caused by any source of water including, but not limited to, rain, runoff, river flow, dam releases, and structural failures.

Government Refers to International Boundary and Water Commission, United States and Mexico, United States Section.

Hazardous Materials Hazardous materials or waste include but are not limited to explosives, compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materials, corrosives, etiologic agents and other material classified as hazardous by 40 CFR 261, or applicable state and federal regulations.

Holidays Holidays recognized by the Federal Government: New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. See http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview for a complete list for any given year.

Materials The words "material" or "materials" is used in this Performance Work Statement to denote items furnished by the Contractor which shall be construed to mean equipment, machinery, product, component, or any other item required to be incorporated in the work

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Milestone Date The date that a specific portion of the work is to be completed, before the completion date for all work under the Contract.

Modification Any written change in the terms of a Contract.

Notice to Proceed A written notice to the Contractor to begin the work.

Project The facility, its real property, and its associated appurtenances, that are being completed under this Contract.

Quality Assurance Sampling, testing, inspection and other activities conducted by the Government to assure that the Contractor's quality control is being conducted properly.

Quality Control Sampling, testing and other process control activities conducted by the Contractor to monitor work.

Right-of-Way A general term denoting land or property owned by the USIBWC for the operation and maintenance of the facility.

Specifications Requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract.

Subcontract The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents.

Subcontractor An individual, partnership, limited liability company, corporation, or any combination thereof that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, truck owner-operator, wholly owned subsidiary, or specialty-type businesses such as security companies and rental companies.

Subsidiary Materials, labor, or other elements that because of their nature or quantity have not been identified as a separate bid item and are considered included within the items on which they necessarily depend.

Utility Privately, publicly, or cooperatively owned lines, facilities and systems for producing, transmitting, or distributing communications, power, heat, gas, oil, water, waste, or storm or irrigation water; the utility company.

Work The furnishing of all labor, materials, equipment and other incidentals necessary for the successful completion of the Contract.

Working Day Contractor's scheduled days of work, whether work is performed or not.

Work Week Normal, non-overtime, work week accounts for forty (40) hours in four or five work days.

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--End of Performance Work Statement--