1._PWS-_Sediment_Removal-_Hudspeth_County.pdf

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

Front Cover

Performance Work Statement (PWS) Rio Grande Rectification Project Sediment Removal- Hudspeth County Hudspeth County, Texas

RFP 191BWC19R0008

July 16, 2019

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

USIBWC Rio Grande Rectification Project

July 16, 2019 Performance Work Statement USIBWC RFP 191BWC19R**** Page-i of ii

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 Work Elements

1.7 Period of Performance

1.8 Temporary Water

1.9 Use of Right-of-Way

1.10 Site Access Restrictions

1.11 Investigation of Site Conditions

1.12 Duty to Inquire

1.13 Department of Homeland Security

Section 2 Existing Conditions

2.1 General

2.2 Survey Markers

2.3 Roadways and Appurtenances

2.4 Utilities

2.5 Trees, Vegetation, and Other Landscape Features

Section 3 Environmental Information

3.1 General

3.2 Preservation of Cultural and Natural Resources and the Environment

3.3 Other Considerations

3.4 NEPA Documentation

Section 4 Regulatory Requirements

4.1 General

4.2 Work in Waters of the United States

4.3 Responsibilities

Section 5 Temporary Environmental Controls

5.1 General

5.2 Water Pollution

5.3 Air Pollution

5.4 Dust Abatement

5.5 Noise Pollution

5.6 Oils

5.7 Mud from Vehicles

5.8 Migratory Birds

5.9 Noxious Weeds

5.10 Restricted Activities

5.11 Controls

5.12 Environmental Commitments

Hudspeth County

Performance Work Statement July 16, 2019 Page-ii of ii USIBWC RFP 191BWC19R****

Section 6 Project Coordination & Administration

6.1 General

6.2 Security

6.3 Safety

6.4 Coordination

6.5 Stakeholders

6.6 Project Meetings

Section 7 Project Schedule

7.1 Description / Purpose

7.2 Schedule Requirements

Section 8 Measurements and Payments

8.1 Bid Items

8.2 Schedule of Values

8.3 Measurement of Work Completed

8.4 Measurement of Quantities

8.5 Scope of Payment

8.6 Measurement and Payment for Changes in work

8.7 Progress Payment (Unit Price CLIN)

8.8 Inspection and Progress Payments Not a Waiver of Contract Provisions

8.9 USIBWC Payment Processing

8.10 Invoices

Section 9 Definitions

9.1 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), American Dam Field Office located at 2616 W. Paisano Dr., El Paso, TX 79922 requires the removal of accumulated sediment from within the Rio Grande channel as described herein.

1.2 General

This is a non-personnel services Contract to provide Sediment Removal. 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 Sediment Removal 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

Upon conclusion of the project, the river channel shall have accumulated sediment removed and be either stockpiled temporarily on the floodplain or loaded onto USIBWC dump trucks for immediate removal by USIBWC personnel, dependent upon availability of USIBWC personnel and disposal sites.

1.5 Project Location

A. The work is within the United States on land owned or controlled by the USIBWC Rio Grande Rectification Project, in Hudspeth County, Texas.

B. The upstream end of the project is located at Google Earth coordinates 31°01’08.45” N, 105°34’19.64” W and can be accessed via Esperanza Road.

C. The downstream end of the project is located at Google Earth coordinates 30°56’17.32” N, 105°28’40.97” W and can be accessed via Indian Hot Springs Road.

1.6 Work Elements

A. The work shall include all planning, coordination, labor, tools, equipment, and all necessary general conditions, that may be reasonably inferred from the Contract Documents to provide for all work for the removal of sediment from the river channel and/or arroyo confluences as indicated in the attachments.

B. The major work efforts include, but are not limited to, the following tasks:

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1. Mobilization/demobilization

2. Excavation of sediment from the river channel. Estimated removal ranges from 6 to 8 feet deep within channel 40 to 50 feet wide.

3. Placing excavated material on the adjacent floodplain for subsequent removal by USIBWC or within USIBWC dump truck for immediate removal.

4. The Government shall perform the cross-section survey for each sediment removal site prior to and at the completion of work for documentation purposes only. Excavation quantities shall be calculated by stockpile volumes or haul truck volumes as stipulated in Section 8.

5. The Government shall also provide surveyed international boundary markers in order to determine the limits of excavation.

1.7 Period of Performance

The Contractor shall complete this work within 365 calendar days after the Contract has been awarded to the Contractor.

1.8 Temporary Water

A. The water required for all project activities including, but not limited to, dust control shall be considered as incidental and shall be provided from a metered source that is compliance confirmed by the USIBWC.

B. Water from the Rio Grande shall not be used by the Contractor at any time.

C. Water use must be in accordance with state water law.

1.9 Use of Right-of-Way

A. Contractor operations shall be confined to the USIBWC right-of-way. Portions of the site beyond areas on which the work is to be performed are not to be disturbed unless the Contractor is granted access by the landowner.

B. Roads serving the right-of-way, identified as such or not, owned by the USIBWC or CBP shall be clear and available to these agencies.

1.10 Site Access Restrictions

The site can be accessed through the levee maintenance road from the nearest gate entrance. Contractor shall verify that access to the levee gate can be accomplished through public access roads without causing damage to adjacent properties.

1.11 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.

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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 the 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.

1.12 Duty to Inquire

A. Contractor shall review the full PWS and referenced documents.

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.

1.13 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.

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SECTION 2

EXISTING CONDITIONS

2.1 General

A. There is no field assessment available for this project.

B. Geotechnical analysis for this project is not available.

1. The worksite is within the Rio Grande, which is comprised of fluvial deposits that can change rapidly in type (sand, slit, clay, loam, gravel, rocks, etc.) both horizontally and vertically due to depositional characteristics and channel shifting. Rocks may be present even if not visible on the ground surface.

C. Field survey data is not available for this project.

2.2 Survey Markers

A. The Contractor shall ensure that any existing survey markers are not destroyed, removed, or otherwise disturbed without prior authorization from the COR.

B. All survey markers, brass caps, or monuments discovered during construction shall be surveyed to ensure that they can be accurately restored after construction activities have been completed.

2.3 Roadways and Appurtenances

A. The Contractor shall ensure that any existing roadway signs or markers are not destroyed, removed, or otherwise disturbed. The Contractor shall ensure that any existing roadway signs or markers immediately, and as approved by the owner of the roadway, are accurately restored or replaced.

B. Wherever sidewalks or private roads have been damaged or removed, the Contractor shall ensure that suitable temporary sidewalks or roadways are promptly placed after backfilling and shall ensure that they are maintained in satisfactory condition for the period of time fixed by the authorities having jurisdiction over the affected portions. If no such period of time is so fixed, the Contractor shall ensure that said temporary sidewalks or roadways are maintained until the final restoration thereof has been made.

2.4 Utilities

A. The Contractors shall ensure that the state's 811 (www.nm811.org) is contacted at least forty-eight

(48) hours in advance of any work to allow utility operator to check and mark locations of existing utilities within the project limits.

B. The Contractor shall ensure that all underground utilities and other improvements which may be impaired during construction operations shall be protected, regardless of whether or not the utilities are indicated in the Contract documents. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary.

1. It is the Contractor’s responsibility to document (either by photographs or video) ALL areas where any structures or utilities are located PRIOR to conducting work around these structures and notify the COR of any existing leaks and/or damages; otherwise any leaks and/or damages http://www.nm811.org/

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2. When existing vegetation obscures any structures or utilities the Contractor shall ensure that obscuring vegetation is fully removed using hand labor in order to clearly document the structure/utility and its condition.

3. The COR shall be notified in writing of any existing leaks or other visible damage prior to Contractor's, Construction Contractor's, or any subcontractors' work.

4. Any leaks and/or damage not detected prior to the beginning work around the pipes or utilities will be repaired and/or replaced by the Contractor at no cost to the Government.

C. Government’s Right of Access The right is reserved to the Government and to the owners of public utilities and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the work of this Contract.

D. Costs of Repairs Costs of repairing utilities, even when damage is not due to failure of the Contractor to exercise reasonable care in locating and identifying utilities, will be the responsibility of the Contractor.

1. Costs include equipment on the project which was actually working on that portion of the

Work which was interrupted or idled by repair or relocation of such utility facilities and which was necessarily idled during such work.

E. Compliance Confirmation of Repairs All repairs to a damaged utility or improvement are subject to inspection and approval by an authorized representative of the utility or improvement owner before being concealed by backfill or other work.

F. Maintaining in Service Unless indicated otherwise, oil and gasoline pipelines, power and telephone or the communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles and overhead power, and communication wires and cables encountered along the line of the work shall remain continuously in service during all the operations under the Contract.

2.5 Trees, Vegetation, and Other Landscape Features

A. The Contractor shall ensure that all necessary precautions are exercised so as not to damage or destroy any trees or shrubs, including those lying within the right-of-way and project limits and shall not trim or remove any trees unless such trees have been compliance confirmed for removal by

USIBWC.

B. The Contractor shall ensure that vegetated areas damaged during construction shall be repaired to match the preconstruction condition to the satisfaction of the land owner and the Government.

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SECTION 3

ENVIRONMENTAL INFORMATION

3.1 General

A. The following documents shall be reviewed by the Contractor in order to comply with environmental requirements:

B. Biological Resources

1. Work should be scheduled to occur outside of the bird breeding season whenever possible.

Migratory birds may be present within the project area; birds, nests, and eggs are to be protected and avoided during construction. If work continues into the bird breeding/nesting season the areas proposed for disturbance shall be surveyed in order to avoid the inadvertent destruction of nests and eggs.

2. Ground disturbing activities during the breeding season of the endangered southwestern willow flycatcher (May 15 to August 15) shall be limited; but activity determined to be necessary during this timeframe will require adherence of Best Management Practices documented in USIBWC’s Endangered Species Management Plan.

3. This stretch of the river contains suitable breeding habitat for the endangered southwestern willow flycatcher and the threatened yellow-billed cuckoo. All work impacting vegetated islands within this stretch will require coordination with USIBWC’s Environmental Management Division. Work must be in compliance with the 2017 Biological Opinion. Island removal with suitable cuckoo or flycatcher habitat may require concurrence from USFWS.

Under the Biological Opinion, USIBWC is limited in its abilility to remove suitable cuckoo habitat or habitat with flycatcher territories. Some islands may not be removed, and the Contractor must protect the habitat on those islands.

C. Natural Resources

1. Equipment cannot be parked, staged, or used under large, mature trees. Keeping equipment away from the large, mature trees will prevent incidental damage to the tree and prevent compression of the root ball.

2. Sediment placement sites must not impact or fill wetlands. The Contractor shall identify sediment placement areas in upland areas or appropriate disposal facility such as a landfill.

USIBWC shall approve of all sediment placement areas and may require an agreement with the landowner.

3.2 Preservation of Cultural and Natural Resources and the Environment

A. If the Contractor initiates changes to the Contract and USIBWC approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies.

B. Culturally Sensitive Areas

1. If a site, building, or location of historical, archaeological, educational, or scientific interest is discovered within the right of way, cease all work immediately, secure the site from further disturbance and possible vandalism, and notify USIBWC. The site, building, or location will be investigated and evaluated by USIBWC.

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3.3 Other Considerations

The Contractor is required to ensure that all Environmental Permits, Issues, and Comments (EPIC), which are included within the Contract Documents are followed and implemented to ensure potential impacts are avoided.

3.4 NEPA Documentation

The USIBWC will be responsible for compliance with National Environmental Policy Act (NEPA).

SECTION 4

REGULATORY REQUIREMENTS

4.1 General

Prior to the beginning of excavation, the Contractor shall be responsible for researching, coordinating, obtaining, and paying all applicable fees for all permits required by Federal, state, and local entities, including, but not limited to, a specific or general stormwater permit prepared in accordance with the requirements of Stormwater Pollution Prevention Plan (SWPPP).

4.2 Work in Waters of the United States

A. For work in the right of way, USIBWC will obtain any required Section 404 permits from the US Army Corps of Engineers before work begins.

B. The Contractor must adhere to all agreements, mitigation plans, water quality certifications, and standard best management practices required by these permits.

C. If Contractor initiated changes in the construction method result in impacts to waters of the US, the Contractor shall have sole responsibility to obtain all required new or revised Section 404 permit and shall adhere to all agreements, mitigation plans, and standard best management practices required by these permits.

D. If USIBWC determines that work is excavation only under 33 CFR 323.2 (2)(d), then no Section 404 permit will be provided, and the Contractor will be required to use only self-powered scrapers or excavators to pick up sediment, with minimal incidental fallback.

E. No bulldozers will be allowed to push sediment in the river unless authorized by USACE permit.

F. Work in waters of the U.S. should be limited to low flows or dry conditions. The contractor shall divert any flowing water using state-approved methods.

4.3 Responsibilities

A. The Contractor shall be responsible for providing the proposed location of the project staging areas and sediment deposit areas for compliance confirmation of the COR prior to installation of stormwater pollution prevention (SWPPP) measures.

B. The Federal Government is not subject to local jurisdictions' building codes, nor is it required to obtain building permits from local jurisdictions for construction on real estate owned or controlled by the USIBWC. However, offsite locations are subject to local regulations. The Contractor is responsible for researching and obtaining all necessary permits for offsite work if applicable.

C. The Contractor shall be responsible for obtaining all necessary permits and rights of entry for all work required under this Contract.

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D. The Contractor shall apply and pay for all required permits. The Government is not responsible for any existing or newly introduced permits required before, during and/or after excavation.

E. 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 the work of this project.

SECTION 5

TEMPORARY ENVIRONMENTAL CONTROLS

5.1 General

A. The Contractor shall provide and maintain methods, equipment, and temporary construction as necessary to provide controls over environmental conditions in the work areas, adjacent areas, temporary work areas and all Project Specific Locations (PSL) and shall remove physical evidence of the temporary facilities at the completion of work.

B. The Contractor shall, at their own expense, obtain all required permits for environmental controls unless otherwise specified.

C. Contractors shall be responsible for knowing about applicable environmental laws and regulations.

5.2 Water Pollution

A. The Contractor shall ensure that all work activities are performed by methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes into the Rio Grande or associated watersheds of the project limits.

B. All discharges into "waters of the United States" shall meet the requirements of the Clean Water Act

(CWA).

C. The Contractor shall meet all requirements of the National TCEQ Pollutant Discharge Elimination System (NPDES) requirements for discharges associated with construction activities including but not limited to preparation of a stormwater pollution prevention and monitoring plan (SWPPP).

D. The Contractor shall meet all the requirements of the SWPPP during construction activities.

E. The Contractor shall provide secondary containment systems capable of containing twice the volume of the storage tank as well as appropriate spill cleanup materials onsite for any material that is toxic or is harmful to flora, fauna, or the environment.

5.3 Air Pollution

A. The Contractor shall ensure compliance with applicable federal, state, and local laws and regulations and with the requirements of these Contract documents concerning the prevention and control of air pollution and for pollutant emissions from all vehicles and equipment onsite. Should a conflict exist in the requirements for abatement of air pollution, the most stringent requirement shall apply. The Contractor shall utilize such methods and devices available to prevent, control and otherwise minimize atmospheric emissions or discharges of air contaminants including dust.

B. The Contractor shall ensure that equipment and vehicles that show excessive emissions of exhaust gases are not operated until corrective repairs or adjustments reduce such emissions to acceptable levels.

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5.4 Dust Abatement

A. The Contractor shall, during the performance of the work required by these Contract documents, or any operations appurtenant thereto and whether within the construction limits of this project or elsewhere, comply with applicable federal, state, and local laws and regulations regarding the prevention, control and abatement of dust pollution. Should a conflict exist in the requirements for dust abatement, the most stringent requirement shall apply.

B. The Contractor shall be ultimately responsible for controlling objectionable dust caused by the operation of vehicles and equipment, clearing, or for any reason whatever. Dust shall be controlled at all times, including Saturdays, Sundays, and holidays, during both working and nonworking hours.

C. The Government has the authority to stop any construction activity contributing to dust levels which are excessive or are in violation of federal, state, or local laws. Dust control measures shall be maintained at all times to the satisfaction of the COR, in accordance with the requirements of the Government.

D. All costs resulting from such work stoppage shall be the responsibility of the Contractor and Contract time extensions will not be provided.

E. The Contractor shall reference dust control requirements in SWPPP under EPA's general construction permit.

5.5 Noise Pollution

A. The Contractor shall ensure that noise is minimized throughout all phases of the Contract and shall exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non-mobile equipment such as air compressors, generators, pumps, etc. The Contractor shall ensure that mobile and stationary equipment is placed to cause the least disruption of normal adjacent activities.

B. The Contractor shall ensure compliance with the applicable federal, state, and local laws and regulations, regarding the prevention, control, and abatement of harmful noise levels. Should a conflict exist in the requirements for noise abatement, the most stringent requirement shall apply.

C. All vehicles and equipment shall be such as to minimize noise to the greatest degree practicable.

Noise levels shall conform to the latest OSHA and local agency standards.

D. All equipment associated with the work must be equipped with components to suppress excessive noise and these components must be maintained in their original operating condition considering normal depreciation. Noise attenuation devices installed by the manufacturer such as mufflers, engine covers, insulation, etc. must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use.

5.6 Oils

A. Oil means oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.

1. Petroleum oils include, but are not limited to, crude and refined petroleum products, asphalt, gasoline, fuel oils, mineral oils, naphtha, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

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2. Synthetic oils are used in a wide range of applications, including as heat transfer fluids, engine fluids, hydraulic and transmission fluids, metalworking fluids, dielectric fluids, compressor lubricants, and turbine lubricants. Synthetic oils are created by chemical synthesis rather than by refining petroleum crude or extracting oil from plant seeds.

B. Oils shall not be stored within the 100 year floodplain. The 100 year floodplain is defined as top of left levee to top of right levee.

C. All stored oils must have a secondary containment system capable of containing twice the volume of the storage tank. Appropriate spill cleanup materials must be available onsite at all times during construction.

1. Storage tanks shall have a capacity of 1,320 gallons or less or shall be properly licensed by the state where the tank is located.

D. A Spill Prevention, Control, and Countermeasure (SPCC) Plan shall be prepared if any of the following apply:

1. Have a stored oil capacity of 1,320 gallons or more.

2. Can reasonably expect that accidental discharge of oil will reach navigable waters or adjoining shorelines in quantities that may be harmful.

E. SPCC plans shall be provided with the Contractor's SWPPP.

F. The Contractor shall ensure that all equipment shall be cleaned (pressure washed and/or steam cleaned) of external oil, grease, dirt and mud, and all leaks repaired prior to arriving at the project site.

1. Any leaks or accumulations of grease shall be immediately corrected.

2. A written log of inspections and maintenance must be completed and maintained throughout the project period.

G. The Contractor shall ensure that all equipment, both onsite and at all PSLs, is maintained in good working order to prevent drips and leaks.

1. Leaking equipment shall not be used.

2. Leaking equipment shall be red tagged by the COR. This equipment must be removed from the site until all leaks have been corrected.

H. The Contractor shall ensure that all equipment (heavy equipment, chainsaws, ATVs, other hand power tools, etc.) be fueled outside of adjacent riparian areas and wet areas and at least one hundred

(100) feet from any surface water. Specific fueling areas may be approved and designated by the

COR.

I. The Contractor shall ensure that any soil contaminated by oil shall be removed from the site and disposed of according to state requirements.

5.7 Mud from Vehicles

A. The Contractor shall ensure that a means of removing mud from vehicles prior to entering public roads is provided.

B. The Contractor shall ensure that a maintenance program for removing dust, debris, and mud from public roadways that may be tracked from work site is established and effective.

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5.8 Migratory Birds

A. Bird species that are protected under the Migratory Bird Treaty Act (MBTA) may nest in areas containing trees or other suitable habitat within the project limits.

1. When possible, construction activities should be scheduled to occur outside of the migratory bird nesting season (from the March 1 through August 31).

2. However, if construction activities must occur during the nesting season of birds protected under the MBTA, then the areas proposed for disturbances shall be surveyed and flagged for any nesting birds prior to construction to avoid inadvertent destruction of active nests and eggs.

3. If nesting birds are found during this survey, the birds and any related eggs must be relocated or mitigated at the Contractor's expense prior to starting construction.

B. US Fish and Wildlife (FWS) regulations do not allow for the collection or transport (dead or alive) of any migratory birds nor removal of their nests without a permit issued by the FWS Regional Bird Permit Office. If birds or nest removal is required, the Contractor shall call the COR. The COR will coordinate with a USIBWC biologist so that they identify, coordinate, and acquire a temporary permit to collect the bird(s).

a. The Contractor shall notify the COR of any dead birds found on the project site.

5.9 Noxious Weeds

A. To prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

B. The Contractor shall ensure that all equipment is pressure washed to remove dirt and vegetation before bringing onsite to limit introduction of noxious weeds.

C. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in.

5.10 Restricted Activities

A. The Contractor shall ensure that disposal areas, stockpiles, or haul roads are not located in any wetland, water body, or streambed unless specifically allowed on the Contract documents.

B. The Contractor shall ensure that temporary construction crossings are not installed in or across any water body without the prior compliance confirmation of the appropriate resource agency and the Government.

C. The Contractor shall ensure that no equipment repairs shall occur on or in the floodplain/channel of the Rio Grande.

D. The Contractor shall ensure that unless compliance confirmed by the COR, all equipment shall be parked at the staging area or at the stockpile site at the end of each work shift.

E. The Contractor shall implement the provisions of USACE 404 permit. A copy shall be provided to the Contractor by the COR.

F. The Contractor shall submit the SWPPP to the COR for review and compliance confirmation.

5.11 Controls

A. Contractor shall ensure that the following are provided as required:

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1. Construction Exits / Entrances When tracking conditions exist, prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of construction exits. The COR will require the use a street sweeper, blade, water truck, or other equipment if other methods of track out control fail to prevent buildup of mud or dust on the roadway.

2. The Contractor shall ensure that oil drip pans are set under any vehicle left parked overnight or being repaired within USIBWC’s ROW to prevent oil drips from contaminating the soil.

5.12 Environmental Commitments

A. The Contractor shall ensure that all equipment is power washed prior to using onsite.

a. If equipment is demobilized and then returned to the project, it shall be power washed again.

b. Haul trucks are exempt from this requirement unless they are only used onsite.

B. Leaking or dripping equipment is not allowed to be operated on this worksite. The Contractor shall ensure that all equipment is in sound working order.

C. Equipment with oil seeps may require periodical power washing to ensure that oil is not deposited within USIBWC ROW.

D. The Contractor shall ensure that construction operations incorporate any environmental commitments identified in the project’s environmental documents referenced herin.

E. The Contractor shall include permission for Government access in arrangements for private lands used as staging areas, quarries, aggregate sources, borrow sources, etc. Government access to the private land shall be to identify cultural resources and conduct appropriate inspections.

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 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.

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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/.

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.

6.4 Coordination

A. Contract operations shall be coordinated to ensure efficient and orderly progress of each part of the work. In addition to a Project Manager, the Contractor shall provide other administrative and supervisory personnel as required for proper coordination and administration of the work.

B. The Contractor’s Project Manager shall be available to the Government during business hours, as well as in emergencies. Other coordination responsibilities and activities required to be provided by the Contractor includes the following:

1. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Government, its workers and Contractors and others, shall have the right to operate within or adjacent to the Construction site to perform such work.

2. It is the Contractor’s sole responsibility to coordinate with landowners, irrigation districts, and utility owners, who are affected by the Contractor’s activities for access, schedule, and progression of work throughout the project duration in order to provide continuous access to the affected owners and obtain uninterrupted access within the project areas.

C. After award of the Contract, the Contractor shall not remove or exchange personnel identified in their proposal unless employment with the Contractor ceases, they are unavailable due to a medical emergency, or they are requested to be replaced by the Government. Replacement can only take place after written approval from the CO.

D. The Contractor shall notify the construction inspector and the COR within twenty four (24) hours of any personnel changes in the Project Superintendent, Project Manager, any Field Superintendents, the Quality Control Manager, or any Safety and Health Officers.

http://www.osha.gov/ http://www.gpo.gov/fdsys/

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6.5 Stakeholders

A. The Contractor shall coordinate as necessary with all stakeholders to include utilities (water districts, railroads, electric, gas, potable water, etc.), federal agencies, Department of Homeland Security, state, counties, and municipalities and any other entities affected by this Contract.

B. Known stakeholders include:

1. Hudspeth County Conservation and Reclamation District 1

C. Coordination will be documented by submission of approval letters to the Government from each affected agency and or utility with responsible party signatures.

6.6 Project Meetings

A. General

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

2. 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.

3. 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.

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

a. Kickoff Meeting

b. Progress Meetings

B. Kickoff Meeting

1. 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.

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

3. 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.

4. Attendees include, but are not limited to:

a. Contractor's Project Manager

b. COR

c. 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.

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

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

a. Introduction/designation of key personnel and their duties

USIBWC RFP 191BWC19R**** Page-15 of 23

b. Review of the current draft progress schedule, phasing and critical work sequencing,

c. Review of procedures for handling and processing field decisions

d. Inspection

e. Applications for payment

f. Submittals

g. Preparation of record documents

h. Use of right-of-way

i. Work restrictions

j. USIBWC and other's occupancy requirements

k. Responsibilities for temporary facilities and controls

l. Parking, work areas, and storage areas

m. Safety and first aid

n. Security

o. Maintenance of project site

p. Working hours

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

C. Progress Meetings

1. 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.

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

3. 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 7

PROJECT SCHEDULE

7.1 Description / Purpose

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

7.2 Schedule Requirements

A. Baseline Schedule

1. A complete baseline schedule and schedule of anticipated monthly earnings shall be submitted within seven (7) calendar days after the Notice to Proceed is issued. The Government will review the project schedule and submit comments and required revisions within fourteen (14) calendar days of receipt.

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a. 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.

2. 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.

B. Recovery Schedule

1. When periodic schedule update indicates the work is twenty-one (21) days or more calendar days behind the current accepted schedule, a separate recovery schedule indicating means by which Contractor intends to regain compliance with the schedule must also be submitted.

a. Contractor shall indicate changes to working hours, working days, crew sizes, and equipment required to achieve compliance, and date by which recovery will be accomplished.

2. The CO may determine that a recovery schedule is required when the Contractor falls behind the baseline schedule for any period of time.

C. Pay Estimate Schedule Updates

1. The Contractor shall submit, as part of their pay estimate, a report of the actual progress by updating the schedule(s).

a. The Contractor shall, indicate on the schedule those activities that were added, updated, or revised. For items taking place prior to the last work day of the pay estimate period, actual dates shall be entered.

b. The progress report shall show the activities or portion of activities completed during the reporting period and their total value as basis for the Contractor’s periodic request for payment.

(1) Indicate actual completion percentage for each activity.

c. The progress report shall state the percentage of the work actually completed and scheduled as of the report date and the progress along the critical path in terms of days ahead or behind the Contract completion dates.

d. If the project is behind schedule, progress along other paths with total float equal to or less than the number of days that the project is behind schedule shall also be reported.

e. If the Contractor fails to provide schedule updates or revisions, then a portion of the monthly payment may be retained until such corrections have been made.

SECTION 8

MEASUREMENTS AND PAYMENTS

8.1 Bid Items

A. The Contract Line Item Numbers (CLIN) that shall be bid upon are identified in Section B of the Contract Provisions.

B. The Contractor shall include all work-related costs within its bid unit prices even if not specifically listed in the bidding schedule.

USIBWC RFP 191BWC19R**** Page-17 of 23

8.2 Schedule of Values

A. The Schedule of Values prepared by the Contractor and compliance confirmed by the Government prior to acceptance of the first Progress Payment request.

1. 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.

2. The sum of the Schedule of Values items listed in the breakdown estimates shall equal the

Contract lump sum for each bid item.

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.

8.3 Measurement of Work Completed

A. It is the Contractor’s responsibility to measure and/or compute work completed, subject to verification by the Government, under the terms of the Contract. In computing quantities, the length, area, solid contents, number, weight, time, or percentage as specified in the Contract or the Schedule of Values shall be used. The calculations shall be clear and concise, allowing verification by Government review.

1. The basis for measurement and payment will be described in the individual Section for that item of work.

2. Do not measure work outside the adjusted or specified limits.

B. Estimated Quantities

1. Any estimated quantities provided in the Bid Documents are for comparative bidding only.

The Government does not express or imply that the actual amount of work or materials will correspond to the estimated quantities.

2. The Contractor shall make no claim nor receive any compensation for anticipated profits, loss of profit, damages, or any extra payment due to any difference between the amount of work actually completed, or materials or equipment furnished, and the estimated quantities.

3. Completion of work in excess of Contract Unit Quantity prior to receiving a Contract Modification or other written direction from the CO is at the Contractor's own risk.

8.4 Measurement of Quantities

A. Lump sum items are not measured by quantity but by percentage of work completed for progress payments. The Contractor shall determine how the percentage of work completed is determined in the submission of the Schedule of Values.

B. Measurements for unit priced quantities shall be performed by the following methods.

1. Measurement by Volume can be by either or both methods:

a. Stockpiles - Measured by cubic dimension using mean length, width, and height or thickness.

b. Excavation Materials - Measured by cubic dimension using mean length, width, and height or thickness of stockpiled material or by dump truck fill volume less 10% to account for void volume.

2. Measurement by Each

a. Measured by each instance or item provided.

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C. Common Units

1. Length shall be measured in feet or stations (100 feet), as appropriate.

2. Height or elevation shall be measured in feet.

3. Volume shall be measured in cubic yards.

4. Area shall be measured in square yards or acres, as appropriate.

D. Contractor shall record daily volume calculations and COR shall agree with calculated volumes prior to each pay estimate.

8.5 Scope of Payment

A. Compensation under the terms of the Contract shall be full payment for the work, including loss or damage arising from the nature of the work, action of the elements, or unforeseen difficulties encountered during the prosecution of the work until its final acceptance, and all risks connected with the prosecution of the work.

B. The compensation constitutes all of the payment for the completion of the work described within the Contract documents and this Scope of Work. No direct or separate payment will be made for providing miscellaneous temporary or accessory works, services, Contractor’s nor Construction Contractor's field office, project oversight, project superintendence, layout surveys, legal descriptions, monumentation, sanitary requirements, testing, safety, water supplies, power, maintaining traffic, removal of waste, security, bonds, insurance, transportation, permits, or any other requirements of the Contract documents. Compensation for all such services, materials, and labor shall be included in the price bid for each item in the project.

C. The compensation will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for the bid item.

D. Work to be Done Without Direct Payment

1. Compensation for any portion of the work not specifically identified in the Bid Schedule is understood to be included in the price for other items, unless specified in this Scope of Work as extra or optional work.

2. No additional compensation is allowed for additional shifts or premium pay necessary to ensure that the work is completed within the time limits specified in the Contract.

E. Payment for Mobilization

1. Mobilization shall consist of preparatory work and operations, including, but not limited to, those…