Att 1. Revised Arroyo Colorado Vegetation Management PWS .pdf

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

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

Front Cover

Performance Work Statement (PWS) Lower Rio Grande Flood Control Project Arroyo Colorado Vegetation Management at Harlingen from US 77 Business to Cemetery Road Cameron County, Texas

Solicitation September 21, 2020

USIBWC Lower Rio Grande Flood Control Project Arroyo Colorado Vegetation Management at Harlingen from US 77 Business to Cemetery Road

July 1, 2020 Performance Work Statement USIBWC Solicitation Page-2 of 26

PART 1 PROJECT SPECIFIC INFORMATION

1.1 General

1.2 Description of Services

1.3 Background

1.4 Objectives

1.5 Project Location

1.6 Period of Performance

1.7 Investigation of Site Conditions

1.8 Duty to Inquire

1.9 Work Restrictions

PART 2 PROJECT REQUIREMENTS

2.1 General Tasks

2.2 Vegetation Removal and Restoration

2.3 Clean-Up and Disposal of Waste Materials

PART 3 EXISTING CONDITIONS

3.1 General

3.2 Field Assessment

3.3 Survey Markers

3.4 Roadways and Appurtenances

3.5 Utilities

3.6 Government Furnished Utilities

3.7 Use of Government Land

PART 4 ENVIRONMENTAL INFORMATION

4.1 General

4.2 Biological Resources

4.3 Natural Resources

4.4 Preservation of Cultural and Natural Resources and the Environment

4.5 Other Considerations

4.6 NEPA Documentation

PART 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

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5.8 Migratory Birds

5.9 Noxious Weeds

5.10 Restricted Activities

5.11 Controls

5.12 Environmental Commitments

PART 6 QUALITY REQUIREMENTS

6.1 Performance Metrics

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

6.2 Common Product Requirements

PART 7 DELIVERABLES

7.1 Work Plans

7.2 Schedule

7.3 Kick-Off Meeting Minutes

7.4 Monthly Progress Reports

7.5 Environmental Report of Vegetation Management

PART 8 PROJECT COORDINATION & ADMINISTRATION

8.1 General

8.2 Security

8.3 Safety

8.4 Coordination

8.5 Stakeholders

PART 9 PROJECT MEETINGS

9.1 General

9.2 Kickoff Meeting

9.3 Progress Meetings

PART 10 PROJECT SCHEDULE

10.1 Description / Purpose

10.2 Schedule Requirements

PART 11 REGULATORY REQUIREMENTS

11.1 Contractor's Responsibility

11.2 Work in Waters of the United States

11.3 Dates

PART 12 MEASUREMENTS AND PAYMENTS

12.1 USIBWC Payment Processing

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PART 1

PROJECT SPECIFIC INFORMATION

The United States Section of the International Boundary and Water Commission (USIBWC) has a requirement for Arroyo Colorado Vegetation Management at Harlingen from US 77 Business to Cemetery Road. Vegetation Management, together with sediment dredging (per separate contract), is required to restore the full flood conveyance capacity to Arroyo Colorado in this area. The project is part of the Lower Rio Grande Flood Control Project (LRGFCP) which is overseen by the USIBWC Mercedes Field Office located at 325 Golf Course Road, Mercedes, Texas 78570.

1.1 General

This is a non-personnel services Contract to provide Arroyo Colorado Vegetation Management at Harlingen from US 77 Business to Cemetery Road. 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 Description of Services

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, and supervision necessary to perform the work as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.3 Background

Floodway conveyance capacity has significantly diminished by the multi-year growth of opportunistic/invasive vegetation in the Arroyo Colorado floodway between the crossings Business 77 and Cemetery Road in Harlingen, Texas. Vegetation management was completed on 18.77 acres under a service contract in 2017 between Business 77 and FM 509. Work under this contract will address any vegetation maintenance required within those previously managed areas and complete and extend additional vegetation management from Business 77 to Cemetery Road.

1.4 Objectives

1.4.1 Restore approximately 6.3 miles of flood conveyance capacity to Arroyo Colorado from US 77 Business to Cemetery Road by removing up to 76.3 acres of non-native and woody vegetation along the arroyo overbanks and re-establish with specific native vegetation.

1.4.2 Accomplish vegetation management work in a manner consistent with the 2016 Final Vegetation Management Plan prepared by Gulf South Research Corporation (GSRC) revised January 2016.

1.4.3 Develop, execute, and deliver a Work Plan and Final Report that documents a successful and repeatable procedure for future operations and maintenance activities by others required to maintain flood conveyance capacity.

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1.5 Project Location

The work shall be performed within the Arroyo Colorado and its floodplain in Cameron County, Texas between US 77 Business and Cemetery Road.

1.6 Period of Performance

The period of performance shall be for 120 calendar days from the NTP.

1.7 Investigation of Site Conditions

1.7.1 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. The site visit will be coordinated with the Mercedes Field Office.

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

Conditions bearing upon private property access, transportation, disposal, handling, and storage of materials.

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

Uncertainties of weather and similar physical conditions at the site.

The conformation and conditions of the ground.

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

1.7.3 Submission of a bid 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.

1.7.4 Submission of a bid 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 that PWS is enough to indicate and convey understanding of all terms and conditions for performing and furnishing required work.

1.7.5 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

PWS.

1.7.6 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.

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

1.8 Duty to Inquire

1.8.1 Contractor shall review the full PWS.

1.8.2 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

USIBWC Solicitation Page-6 of 26 the question submission deadline as established in the solicitation. The Contractor shall also inquire about items that are unclear or open to interpretation.

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

1.9 Work Restrictions

1.9.1 The Contractor is responsible for conducting business between the hours of 8:00 AM through 4:30 PM (Central Time), Monday through Friday, or as approved by USIBWC, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

1.9.2 The Contractor shall adhere to local ordinance restrictions regarding working hours.

PART 2

PROJECT REQUIREMENTS

2.1 General Tasks

2.1.1 The Contractor shall be responsible for providing the proposed locations of the project staging areas for compliance confirmation of the COR prior to installation of the stormwater pollution prevention (SWPPP) measures. Staging areas shall be sited in previously disturbed areas such as unimproved roads, trails, graded areas, or areas with compacted soil that do not support vegetation.

2.1.2 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 be disturbed unless the Contractor is granted access by the landowner and/or City.

2.1.3 Contractor shall verify that access can be accomplished through public access roads without causing damage to adjacent properties.

2.1.4 Unless otherwise specified, the Contractor shall be responsible for obtaining all necessary rights of entry (ROE) for all work required under this Contract. This effort includes, but is not limited to, obtaining GIS property owner information, making phone calls, sending letters to landowners, obtaining ROE access at public meetings, and going door to door for face to face meetings with landowners.

2.1.5 The Contractor is responsible for taking the proper measures to safeguard equipment during periods of high flow or flood operations.

2.1.6 Temporary Water

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.

Water use must be in accordance with state water law.

2.1.7 The Contractor shall submit a site-specific Health and Safety Plan and Job Safety Analysis Form filled out to be reviewed by the COR.

2.1.8 The Contractor shall conduct daily Safety Meetings with all the personnel involved in the project prior to starting each workday.

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2.2 Vegetation Removal and Restoration

2.2.1 The Contractor shall perform the work in accordance with the 2016 Vegetation Management Plan revised January 2016.

2.2.2 The Contractor shall provide a Work Plan (Draft and Final) identifying the equipment, personnel, and methods to be used to complete the vegetation removal and restoration and include maps outlining the areas in accordance with the 2016 Vegetation Management Plan. Work can commence only after written approval of the Work Plan by the USIBWC Environmental Management Division (EMD) and the COR.

2.2.3 Between US 77 Business and FM 509, the Contractor shall maintain up to 44.8 acres of vegetation by removing and properly staging and disposing of any non-native and woody vegetation, including that which has invaded the previously managed 18.77 acres, from the arroyo islands and overbanks. The Contractor shall re-establish specific native vegetation upon completion of the vegetation removal in a manner that minimizes potential for erosion and re-establishment of non-native species.

2.2.4 Between FM 509 and Cemetery Road, the Contractor similarly shall remove up to 31.5 acres of non-native and woody vegetation along the arroyo overbanks and re-establish specific native vegetation upon completion of the vegetation removal.

2.2.5 The Contractor shall use mechanical means or hand-tools as necessary to selectively remove, segregate, and dispose of invasive vegetation. No cut vegetation will be stockpiled on-site. The biomass of invasive or non-native species will either be mulched on-site using a chipper and contained for off-site disposal or be hauled for off-site disposal. Only cut native species may be mulched and dispersed on site.

Equipment used previously in adjacent sections of the Arroyo Colorado include agricultural mowers, track excavators, backhoes, ATV’s, chippers, and chain saws with mixed results including wheeled and tracked machinery seriously mired in soft ground, excessive vehicle travel resulting in compaction, vegetation damage, and unnecessary soil disturbance.

Alternative equipment that should be considered are low ground pressure tracked mulchers, boom or excavator mulchers, hydraulic bunching shears or use of motor barge where land access is limited.

2.2.6 Significant hand work may be required where access is limited, or slopes are too steep to use mechanical means of vegetation removal (areas where the slope is greater than 18 degrees).

2.2.7 The Contractor shall cut woody vegetation to ground level.

Application of an herbicide to the cut stumps or stalks of invasive plant species is required.

Application must be accomplished very soon (no more than 30 minutes after cutting) to ensure effective treatment.

All applications shall be conducted by a Texas Licensed Pesticide Applicator.

The herbicide used must be approved for use in aquatic habitats and meet the specifications of the 2016 Vegetation Management Plan.

The names of applicators and copies of their licenses and Safety Data Sheet for the selected herbicide will be furnished in the Draft and Final work plan for IBWC approval.

Totals of herbicide applied, records of purchase, mixing and disposal of excess or waste herbicide or herbicide contaminated materials shall be reported in the Final Report.

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2.2.8 Closely following the mechanical removal of non-native and invasive vegetation, the Contractor shall re-establish the areas with native vegetation using a seed mixture approved by the USIBWC.

2.2.9 The Contractor shall prepare a draft and final report to document the vegetation management activities and procedures.

2.3 Clean-Up and Disposal of Waste Materials

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

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

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

Recyclables

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

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

2.3.3 No excess materials shall be deposited within Government property, unless compliance confirmed by the Government.

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

PART 3

EXISTING CONDITIONS

3.1 General

3.1.1 The USIBWC is responsible for maintenance and operation of the Lower Rio Grande Flood Control Project (LRGFCP) to ensure the conveyance of design flood flows in accordance with domestic laws, treaties, and applicable IBWC minutes.

3.1.2 Arroyo Colorado is a natural waterway that serves as part of the LRGFCP’s interior floodway system. To serve its function within the interior floodway system, Arroyo Colorado is intended to carry flows of 21,000 cfs, which is referred to as the “design flood” of the arroyo.

3.1.3 Accumulated sediment and increases in invasive vegetation in Arroyo Colorado have decreased its capacity to carry floodwaters.

3.1.4 The arroyo ranges from about 40-60 feet in top width.

3.1.5 Water depths range from about 4-8 feet.

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3.1.6 The riparian area and floodplain within the project area may contain areas of dense woody vegetation, including small trees and shrubs, but in general do not contain thick closed-canopy thorn scrub habitat.

3.2 Field Assessment

3.2.1 A video recording of the project site was taken on February 19, 2020. The limits of the video recording are from approximately 0.6 mile downstream of Ed Carey Drive to Cemetery Road.

3.2.2 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.

3.3 Survey Markers

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

3.3.2 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.

3.4 Roadways and Appurtenances

3.4.1 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.

3.4.2 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.

3.5 Utilities

3.5.1 The Contractors shall ensure that Texas 811 or 1-800-Dig-Tess 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.

3.5.2 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.

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.

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.

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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.

3.5.3 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.

3.5.4 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.

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.

3.5.5 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.

3.5.6 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.

3.6 Government Furnished Utilities

The Government will not be furnishing any utilities for this project including, but not limited to water, electricity, telephone, sewer, and natural gas.

3.7 Use of Government Land

Limited USIBWC property is available for use as the Contractor's staging and/or storage areas, subject to the approval of the COR. The Contractor shall preserve and protect existing features, trees, and vegetation to the maximum extent practicable.

PART 4

ENVIRONMENTAL INFORMATION

4.1 General

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

Cameron County Hazard Mitigation Plan, May 2015 Final Survey Report Threatened and Endangered Plant Species Surveys within Areas along the

Arroyo Colorado Floodway in the Lower Rio Grande Flood Control Project Area Cameron County, Texas, November 2015

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Final Vegetation Management Plan Clearing Areas along the Arroyo Colorado Floodway in the Lower Rio Grande Flood Control Project Area Cameron County, Texas November 2015 Revised January 12, 2016 IBWC

LSFG-1563 Harlingen Hike and Bike, 14 September 14, 1999 Arroyo Colorado - Perpetual Right and Easement.pdf Revised Arroyo Colorado Sediment Sampling Report, January 23, 2018, prepared by TRC Appropriate Dredging Technology Review, March 29, 2018, prepared by TRC Final Environmental Assessment Arroyo Colorado at Harlingen Flood Flow Improvement

Project, 2020, prepared by Cox McLain Environmental Consulting

4.2 Biological Resources

4.2.1 Migratory bird nesting season is from March 1 to September 30. 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. 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 and survey results reported regularly to the COR.

4.2.2 This stretch of the arroyo provides suitable habitat for migratory birds and travel corridor habitat for the Gulf Coast jaguarundi and ocelot.

4.3 Natural Resources

4.3.1 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.

4.3.2 Sediment and biomass placement sites must not impact or fill wetlands. The Contractor shall identify sediment and biomass placement areas in upland areas or appropriate disposal facility such as a landfill. USIBWC shall approve of all sediment and biomass placement areas and may require an agreement with the landowner.

4.4 Preservation of Cultural and Natural Resources and the Environment

4.4.1 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.

4.4.2 Culturally Sensitive Areas

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.

4.5 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.

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4.6 NEPA Documentation

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

PART 5

TEMPORARY ENVIRONMENTAL CONTROLS

5.1 General

5.1.1 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 and shall remove physical evidence of the temporary facilities at the completion of work.

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

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

5.2 Water Pollution

5.2.1 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 Arroyo Colorado or associated watersheds of the project limits.

5.2.2 All discharges into "Waters of the United States" shall meet the requirements of the Clean Water Act (CWA).

5.2.3 The Contractor shall meet all requirements of the Texas Pollutant Discharge Elimination System (TPDES) requirements for discharges associated with maintenance activities including but not limited to preparation of a SWPPP.

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

5.2.5 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

5.3.1 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.

5.3.2 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

5.4.1 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.

5.4.2 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.

5.4.3 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.

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

5.4.5 The Contractor shall reference dust control requirements in SWPPP under the Environmental Protection Agencies (EPA's) general construction permit.

5.5 Noise Pollution

5.5.1 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.

5.5.2 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.

5.5.3 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.

5.5.4 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

5.6.1 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.

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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.

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.

5.6.2 Oils shall not be stored within the 100-year floodplain.

5.6.3 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.

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.

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

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

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

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

5.6.6 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.

Any leaks or accumulations of grease shall be immediately corrected.

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

5.6.7 The Contractor shall ensure that all equipment, both onsite and at all Project Specific Locations, is maintained in good working order to prevent drips and leaks.

Leaking equipment shall not be used.

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

5.6.8 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.

5.6.9 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

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

5.7.2 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

5.8.1 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.

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

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.

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.

5.8.2 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).

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

5.9 Noxious Weeds

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

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

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

5.10 Restricted Activities

5.10.1 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.

5.10.2 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.

5.10.3 The Contractor shall ensure that no equipment repairs shall occur on or in the floodplain/channel of the Arroyo Colorado.

5.10.4 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.

5.10.5 The Contractor shall implement the provisions of any required USACE 404 permit. A USACE 404 permit is not anticipated as the scope of work is limited to vegetation management and excavation and filling is not expected. If required a copy shall be provided to the Contractor by the COR.

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

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5.11 Controls

5.11.1 Contractor shall ensure that the following are provided as required:

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.

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

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

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

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

5.12.3 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.

5.12.4 Equipment with oil seeps may require periodical addition of absorbent materials or drip pans until repaired to ensure that oil is not deposited within USIBWC ROW or privately owned or municipal lands.

5.12.5 The Contractor shall ensure that maintenance operations incorporate any environmental commitments identified in the project’s environmental documents referenced herein.

5.12.6 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.

PART 6

QUALITY REQUIREMENTS

6.1 Performance Metrics

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

Table 1: Required Performance Metrics (RPM)

Performance Objective

Performance Standards

Monitoring Method

Acceptable Quality Levels

Incentive

Work Plan Part 7.1 Draft and final submittal review

On time Up to 1 week late Up to 2 weeks late

Exceptional rating Good rating Acceptable rating

Schedule Part 10 Adherence to schedule, monthly progress reports

On time 100% On time 90% On time 80%

Exceptional rating Good rating Acceptable rating

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Performance Objective

Performance Standards

Monitoring Method

Acceptable Quality Levels

Incentive

Temp. Environmental Controls/

SWPPP

Part 5 Supervisory inspections, random COR inspections, complaints

<= 1 violation 1-3 violations > 3 violations

Exceptional rating Good rating Poor rating

Vegetation Removal

Part 2 Supervisory inspections, random COR inspections, complaints

100% by Dec. 1 100% by Jan. 1 100% by Feb. 1

Exceptional rating Good rating Acceptable rating

Vegetation Restoration

Part 2 Supervisory inspections, random COR inspections, complaints

Percentage of native seed mix species obtained and established

75% Exceptional rating 50% Acceptable rating

Monthly Progress Report Submittal

Part 7.4 Report review On time 100% On time 90% On time 80%

Exceptional rating Good rating Acceptable rating

Environmental Report on Vegetation Management

Part 7.5 Draft and final submittal review

On time Up to 1 week late Up to 2 weeks late

Exceptional rating Good rating Acceptable rating

Repair damages caused by work

Part 3 Incident reports, complaints

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

Exceptional rating

Acceptable rating

Poor rating

6.2 Common Product Requirements

6.2.1 Materials Certification

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

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

10d).

6.2.2 Source Control

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

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

All materials installed shall be free of defects.

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

6.2.3 Quality Control / Quality Assurance of Materials

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

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

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

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

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

6.2.4 Hazardous Materials

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

6.2.5 Surplus Materials

The Contractor shall take ownership of surplus materials unless otherwise indicated in the

Contract documents.

The Contractor shall remove and dispose of materials in accordance with Section 2.5. If requested or otherwise noted in this PWS, the Contractor shall provide an appropriate level of documentation to verify proper disposal.

6.2.6 Storage and Protection

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

Store and protect products in accordance with manufacturers' instructions.

Store with seals and labels intact and legible.

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

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

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

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PART 7

DELIVERABLES

7.1 Work Plans

7.1.1 Within 14 calendar days of award of contract, the Contractor shall submit a draft work plan.

7.1.2 The work plan shall include:

List of personnel and qualifications List of equipment to be used Herbicides to be used to prevent regrowth of stumps/stalks of invasive plant species Methodology and sequence for completing the work Maps outlining the areas for removal and restoration in accordance with the 2016 Vegetation

Management Plan requirements for species, sources, composition, application rates, and container sizes of replacement vegetation.

7.1.3 USIBWC will review the draft work plans and provide comments to the Contractor within 21 calendar days of receipt of the work plans.

7.1.4 The Contractor shall submit final work plans within 10 calendar days of receiving comments from USIBWC.

7.1.5 Work can commence only after written approval of the work plan by the Environmental Division and the COR.

7.1.6 The following documents should be included in the work plan submittal:

Stormwater Pollution Prevention Plan Copies of Texas Pesticide Applicator Licenses Seed mixture for restoration.

Health and Safety Plan and Job Safety Analysis

7.2 Schedule

The Contractor shall submit a schedule per Part 10 jointly with the work plan.

7.3 Kick-Off Meeting Minutes

The Contractor shall submit the kick-off meeting minutes per Section 8.

7.4 Monthly Progress Reports

Contractor shall prepare and submit to the USIBWC a monthly update report by the fifth 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.

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7.5 Environmental Report of Vegetation Management

7.5.1 The Contractor shall prepare a draft and final report to document the vegetation management activities and procedures in both map and tabular format.

7.5.2 The Contractor shall provide the draft report in electronic Adobe pdf format to the CO and USIBWC Point of Contact within 15 calendar days of completion of the field work. USIBWC will review the draft report and provide comments to the Contractor within 14 calendar days of receiving the draft report.

7.5.3 The Contractor shall provide the final report within 14 calendar days of receipt of USIBWC comments on the draft report. The final report shall be provided in both written (2 copies) and electronic formats (2 CDs). All report drawings shall be computer generated, clear and legible on

8.5 inch x 11 inch or 11 inch x 17 inch sized paper. Appendices shall include the figures, logs, profiles, completion diagrams, meeting minutes, presentations, posters, records of community/stakeholder communication, and copies of Safety Data Sheets and personnel certifications and licenses.

PART 8

PROJECT COORDINATION & ADMINISTRATION

8.1 General

8.1.1 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 period of performance.

8.1.2 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.

8.2 Security

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

8.3 Safety

8.3.1 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.

8.3.2 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.

8.3.3 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.

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

8.3.4 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.

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

8.4 Coordination

8.4.1 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.

8.4.2 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:

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 project site to perform such work.

It is the Contractor’s sole responsibility to coordinate with…