1._PWS_Silt_Removal_Sierra_County.pdf

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

Front Cover

Performance Work Statement (PWS) Rio Grande Canalization Project Sediment Removal-Sierra County Sierra County, New Mexico

RFP 191BWC19R****

July 19, 2019

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

USIBWC Rio Grande Canalization Project

July 19, 2019 Performance Work Statement USIBWC RFP 191BWC19R**** Page-i of ii

TABLE OF CONTENTS

Section 1 General Information

1.1 Project Overview

1.2 Scope

1.3 Period of Performance

1.4 Deliverables

1.5 Performance

1.6 Temporary Water

1.7 Use of Right-of-Way

1.8 Site Access Restrictions

1.9 Investigation of Site Conditions

1.10 Department of Homeland Security

Section 2 Existing Conditions

2.1 Field Assessment

2.2 Geotechnical Data

2.3 Field Survey Data

2.4 Survey Markers

2.5 Roadways and Appurtenances

2.6 Utilities

2.7 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

Sierra County

Performance Work Statement July 19, 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 Proposal 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 Terms and Conditions

8.9 USIBWC Payment Processing

8.10 Invoices

Section 9 Definitions

9.1 Definition of Terms

USIBWC RFP 191BWC19R**** Page-1 of 26

SECTION 1

GENERAL 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. 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 (PWS). 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.

1.2 Scope

A. General Requirements

1. The Contractor shall excavate sediment from the river channel and arroyo confluences through the use of self-powered scrapers and excavators with minimal incidental fallback. Bulldozers are not permitted in the river channel.

2. The excavated material shall be loaded onto USIBWC dump trucks for immediate removal by USIBWC personnel or stockpiled on the adjacent floodplain for removal by USIBWC forces at a later date, dependent upon availability of USIBWC resources and disposal sites.

3. The Government will perform the cross-section survey for each maintenance 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.

4. Islands formed by sediment accumulation in the Rio Grande encountered within the maintenance areas shall remain in place. Sediment removal shall be performed in the areas surrounding the island at this time. Option years may allow island removal if permitted by the U.S. Army Corps of Engineers. Excavated volumes from island removal will contribute to total sediment removal quantities for that year and will not be a separate cost item.

5. The amount of sediment to be removed each year varies, with a minimum of 150,000 cy and a not to exceed volume of 176,000 cy. Payment will be based on the unit cost of volume excavated as described in Section 8.

6. Section 1.2 B identifies the locations for sediment removal that are to be completed within the base year during the non-irrigation season.

7. In option years 1 and 2, those same locations will be maintained by removing any sediment deposited after sediment removal was completed the year prior. Sediment removal activities will then continue upstream and/or downstream from those locations for a total excavated amount within the range of 150,000 cy minimum and not to exceed 176,000 cy each year.

B. Sediment Removal

1. Tipton Arroyo

a. Google Earth coordinates: 32°51’17.69”N, 107°17’28.18”W

b. Access from River Bridge Road off NM-187 in Arrey, NM.

c. Local excavation, approximate area: 89,000 sq.ft.

Page-2 of 26 USIBWC RFP 191BWC19R****

2. Trujillo Arroyo

a. Google Earth coordinates: 32°50’39.33”N, 107°17’53.32”W

b. Access from River Bridge Road off NM-187 in Arrey, NM.

c. Local excavation, approximate area: 125,000 sq.ft.

3. Montoya Arroyo

a. Google Earth coordinates: 32°49’39.95”N, 107°18’19.53”W

b. Access from River Bridge Road off NM-187 in Arrey, NM.

c. Local excavation, approximate area: 113,000 sq.ft.

4. Holguin Arroyo

a. Google Earth coordinates: 32°48’58.07”N, 107°18’06.68”W

b. Access from River Bridge Road off NM-187 in Arrey, NM.

c. Local excavation, approximate area: 225,000 sq.ft.

5. Tierra Blanca Creek to Sibley Arroyo

a. Upstream End Google Earth coordinates: 32°48’25.95”N, 107°18’14.79”W

b. Downstream End Google Earth coordinates: 32°46’59.35”N, 107°18’19.14”W

c. Long excavation, approximate length: 2 miles; width: 60 ft., depth: 2 ft. to 5 ft.

d. Access from River Bridge Road off NM-187 in Arrey, NM.

1.3 Period of Performance

A. The period of performance shall be for one (1) base year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

Base Year: September 27, 2019 to September 26, 2020 Option Year 1: September 27, 2020 to September 26, 2021 Option Year 2: September 27, 2021 to September 26, 2022

B. Maintenance activity within the active flow channel of Rio Grande shall take place during non-irrigational season which usually starts at the beginning of October and finishes around the beginning of February. In addition, the Contractor shall be in close coordination with Elephant Butte Irrigation District (EBID) and USIBWC for any unexpected increases in flow discharges during the entire maintenance period.

1. Low runoff years have significantly shorter irrigation seasons.

1.4 Deliverables

A. Work Plan The Contractor shall provide a work plan identifying the equipment, personnel, and methods to be used to complete the work within 14 calendar days of award of contract. Work can commence only after written approval of the work plan by the COR.

B. Schedule The Contractor shall submit a schedule per Section 7.2.

C. Stormwater Pollution Prevention Plan The Contractor shall submit a SWPPP identifying the best management practices to be used along with the work plan.

USIBWC RFP 191BWC19R**** Page-3 of 26

D. Monthly Progress Report Contractor shall prepare and submit to the USIBWC a monthly update report by the fifth (5th) of every month on the work performed the previous month. The report shall include major accomplishments for the reported period, significant problems and proposed solutions, and any issues with contractual requirements. The report, along with an updated schedule, shall be submitted by e-mail no later than the fifth day of the following month.

1.5 Performance

A. The required performance metrics identifying activities supporting desired outcomes is shown on the following table:

Table 1: Required Performance Metrics (RPM)

Required Service Performance Standards

Acceptable Quality Levels

Monitoring Method

Incentive

Sediment Removal Base Year

Section 1.3 100% by Jan 1 100% by Feb 1 100% by March 1

Supervisory inspections, random COR inspections, complaints

Exceptional rating Good rating Acceptable rating

Sediment Removal Option Year 1

Section 1.3 100% by Jan 1 100% by Feb 1 100% by March 1

Supervisory inspections, random COR inspections, complaints

Exceptional rating Good rating Acceptable rating

Sediment Removal Option Year 2

Section 1.3 100% by Jan 1 100% by Feb 1 100% by March 1

Supervisory inspections, random COR inspections, complaints

Exceptional rating Good rating Acceptable rating

Work Plan Section 1.4 A On time Up to 1 week late Up to 2 weeks late

Draft and final submittal review

Exceptional rating Good rating Acceptable rating

SWPPP Section 5 <= 1 violation 1-3 violations > 3 violations

Supervisory inspections, random COR inspections, complaints

Exceptional rating Good rating Poor rating

Schedule Submittal Section 7 On time 100% On time 90% On time 80%

Schedule review Exceptional rating Good rating Acceptable rating

Monthly Progress Report Submittal

Section 1.4 D On time 100% On time 90% On time 80%

Report review Exceptional rating Good rating Acceptable rating

Environmental protections

Section 3 <= 1 violation 1-3 violations > 3 violations

Supervisory inspections, random COR

Exceptional rating Acceptable rating Poor rating

Page-4 of 26 USIBWC RFP 191BWC19R**** inspections, complaints

Repair damages caused by work

Section 2 Report & repair within 1 week of incident Report & repair within 2 weeks of incident Report & repair after 2 weeks of incident

Incident reports, complaints

Exceptional rating

Stockpiles Section 8 Neat piles= 500 cy each Piles varying in size 100-500 cy

Supervisory inspections, random COR inspections, complaints

Exceptional rating

Loading onto trucks

Section 8 <= 1 incident 1-3 incidents > 3 incidents

Incident reports, complaints

Exceptional rating

1.6 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.

It is highly recommended that the Design-Builder contact New Mexico's State Engineer Office to ensure that all water use meets New Mexico water law.

1.7 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.

1.8 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.

1.9 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.

USIBWC RFP 191BWC19R**** Page-5 of 26

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 proposal 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 proposal 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 investigation 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 Performance Work Statement (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.

1.10 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 for any security reasons in the area, the Contractor shall consider this as top priority and fully cooperate with the directions of DHS until the security alert is cleared by the DHS. In addition, the Contractor shall contact and coordinate with the Contracting Officer’s Representative (COR) for any additional steps to be taken during and after the security alert from the DHS is cleared.

SECTION 2

EXISTING CONDITIONS

2.1 Field Assessment

A. Field assessment of existing conditions within the project limits was performed by Tetra Tech. The findings are available in a report entitled, “Channel Maintenance Alternatives and Sediment-

Page-6 of 26 USIBWC RFP 191BWC19R**** transport Studies for the Rio Grande Canalization Project, Appendix B: Field Assessment Report," dated April 15, 2015.

B. Field conditions may have changed since the field assessment was performed, it is recommended that the Contractor visit the site prior to submitting a proposal.

2.2 Geotechnical Data

A. Geotechnical analysis for this project is not available.

B. 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. Geomorphic data is available within the “Channel Maintenance Alternatives and Sediment Transport Studies for the Rio Grande Canalization Project,” dated October 20, 2015, as well as the “Baseline Report Rio Grande- Caballo Dam to American Dam FLO-2D Modeling, New Mexico and Texas,” dated September 4, 2007.

2.3 Field Survey Data

A. Field survey was performed on February 2, 2017, by Frank X. Spencer & Associates, Inc., as subcontractor to Arcadis U.S., Inc., who developed and provided the following:

1. “Comprehensive Cross Sections Survey of the Rio Grande Canalization Project”

B. Survey Control

1. The surveyor established horizontal and vertical controls based on New Mexico State Plane

Coordinate Grid System (NMSPC) NM Central Zone North American Datum of 1983 (NAD

83) in US survey feet, using GEOID 03, and North American Vertical Datum of 1988 (NAVD

88) in US survey feet, respectively.

2. The survey was based on existing monumentation set by various entities which are referenced on the Survey Control Data Sheets.

C. Cross Section Survey

1. The surveyor performed cross section surveys on 160 cross sections along Canalization

Project. The 160 cross section locations consisted of the re-survey of 145 locations previously surveyed for the 2004 FLO-2D model, as well as a few of the cross sections surveyed for the 2014 Channel Maintenance Alternatives and Sediment Transport Studies for the Rio Grande Canalization Project, and 15 additional cross sections. Cross section surveys include east and west levees, east and west top and toe of bank, and river bottom. The final topographic mappings were provided in GIS geodatabase and shape files. Field survey data is not available for this project.

2.4 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 maintenance shall be surveyed to ensure that they can be accurately restored after maintenance activities have been completed.

USIBWC RFP 191BWC19R**** Page-7 of 26

2.5 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.

2.6 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 maintenance 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 detected after work is underway will be repaired and/or replaced by the Contractor at no cost to the USIBWC.

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. 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 http://www.nm811.org/

Page-8 of 26 USIBWC RFP 191BWC19R****

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, overhead power, communication wires, and cables encountered along the line of the work shall remain continuously in service during all the operations under the Contract.

2.7 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 maintenance shall be repaired to match the premaintenance condition to the satisfaction of the land owner and the Government.

SECTION 3

ENVIRONMENTAL INFORMATION

3.1 General

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

1. "Final Environmental Impact Statement: River Management Alternatives for the Rio Grande

Canalization Project,” dated June 2004, prepared for USIBWC by Parsons. The Contractor shall review and comply with the requirements provided in the EIS document.

2. “Final Biological Opinion for US International Boundary and Water Commission Long-Term River Management of the Rio Grande Canalization Project, New Mexico,” dated August 16, 2017.

3. “Final Biological Assessment Integrated Land Management for Long-Term River Management of the Rio Grande Canalization Project,” dated October 2011, prepared by SWCA Environmental Consultants.

4. “Record of Decision: River Management Alternative for the Rio Grande Canalization Project,” dated June 9, 2009.

5. “River Management Plan for the Rio Grande Canalization Project,” dated December 8, 2016, prepared by USIBWC

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 maintenance. 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.

USIBWC RFP 191BWC19R**** Page-9 of 26

2. Ground disturbing activities during the breeding season of the endangered southwestern willow flycatcher (May 15 to August 15) shall be limited; 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 ability to remove suitable cuckoo habitat or habitat with flycatcher territories. Some islands may not be removed, 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 (ROW), 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.

2. All sediment removal areas and sediment disposal areas will require concurrence from New Mexico State Historic Preservation Officer (NMSHPO), in accordance with the “Programmic Agreement Between the United States Section, International Boundary and Water Commission, the New Mexico State Historic Preservation Officer, U.S. Fish and Wildlife Service, Regarding Improvements to Existing Rio Grande Canalization Project Along the Rio Grande, New Mexico”, signed December 2017.

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.

Page-10 of 26 USIBWC RFP 191BWC19R****

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 ROW, USIBWC will obtain any required Section 404 permits from the US Army Corps of Engineers (USACE) 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 maintenance 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 maintenance 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.

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.

USIBWC RFP 191BWC19R**** Page-11 of 26

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 maintenance activities including but not limited to preparation of a SWPPP.

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

Page-12 of 26 USIBWC RFP 191BWC19R****

5.4 Dust Abatement

A. The Contractor shall, during the performance of the work required by the Contract documents, or any operations appurtenant thereto and whether within the maintenance 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 maintenance 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 the Environmental Protection Agencies (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 Occupational Safety and Health Administration (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.

USIBWC RFP 191BWC19R**** Page-13 of 26

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.

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 maintenance.

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.

Page-14 of 26 USIBWC RFP 191BWC19R****

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.

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

2. However, if maintenance 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 maintenance 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 maintenance.

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 maintenance 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 in the Contract documents.

B. The Contractor shall ensure that temporary 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.

USIBWC RFP 191BWC19R**** Page-15 of 26

5.11 Controls

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

1. Stabilized Exits / Entrances

When tracking conditions exist, prevent traffic from crossing or exiting the maintenance site or moving directly onto a public roadway, alley, sidewalk, parking area, or other ROW areas other than at the location of stabilized 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 maintenance operations incorporate any environmental commitments identified in the project’s environmental documents referenced herein.

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 (PWS) 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.

Page-16 of 26 USIBWC RFP 191BWC19R****

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/.

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 Maintenance 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 Contracting Officer (CO).

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

USIBWC RFP 191BWC19R**** Page-17 of 26

D. The Contractor shall notify the maintenance 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.

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, DHS, state, counties, and municipalities and any other entities affected by this Contract.

B. Known stakeholders include:

1. Elephant Butte Irrigation District

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 PWS. 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. CO

c. COR

d. 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.

Page-18 of 26 USIBWC RFP 191BWC19R****

e. 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

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 of performance.

USIBWC RFP 191BWC19R**** Page-19 of 26

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.

a. Failure to include any work item required for performance of this Contract shall not…