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

Performance Work Statement (PWS) Rio Grande Canalization Project Las Cruces Facility Sediment Disposal in the Rio Grande Canalization Project Doña Ana County, New Mexico

RFP 191BWC26R0011 July 27, 2026

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

TABLE OF CONTENTS

USIBWC Rio Grande Canalization Project LCF Sediment Removal in the RGCP Doña Ana County

USIBWC Rio Grande Canalization Project LCF Sediment Removal in the RGCP

Performance Work Statement Page-ii of ii July 27, 2026 USIBWC RFP 191BWC26R0011

July 27, 2026

USIBWC RFP 191BWC26R0011

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SECTION 1 GENERAL INFORMATION

1.1 Project Overview

The United States Section of the International Boundary and Water Commission (USIBWC), Las Cruces Facility (LCF), located at 504 South Miranda Street, Las Cruces, NM 88005, requires the disposal of stockpiled sediment material along the banks of the Rio Grande channel and within the USIBWC’s Rio Grande Canalization Project (RGCP), 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 disposal 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 load sediment material from identified stockpiles along the banks of the RGCP onto Contractor provided belly dump trucks.

a. Sediment material may contain gravel, rock, vegetation and/or debris.

2. The Contractor shall transport the sediment material to a USIBWC owned site, here after known as the Angostura Gravel Pit.

3. The Contractor shall dispose the transported sediment material into the Angostura Gravel Pit.

4. After each disposal, the Contractor shall spread the sediment material evenly throughout the Angostura Gravel Pit.

5. The COR will determine when the Angostura Gravel Pit has reached capacity.

6. The Contractor shall maintain all access roads to and from the stockpiles and disposal site throughout the full Period of Performance.

7. Upon completion, the Contractor shall restore access roads to original conditions acceptable to the USIBWC.

8. The Contractor shall provide topographic surveys, performed by a surveyor registered in the State of New Mexico, for each stockpile site prior to performing any work at that stockpile and at the completion of work at that stockpile to calculate sediment disposal quantities.

B. Section 1.2.C. identifies the sediment stockpile locations that are to be disposed of within the Contract.

C. Sediment Stockpiles

1. Hershey Arroyo Stockpiles (various)

a. Location downstream (Google Earth coordinates): 32°37'12.08"N, 107° 1'18.02"W

b. Location upstream (Google Earth coordinates): 32°37'53.40"N, 107° 2'18.85"W

2. Rincon Syphon Stockpile

a. Location (Google Earth coordinates): 32°39'47.19"N, 107° 7'3.21"W D. The sediment stockpiles and disposal site locations are shown in Figure 1. Silva Drain and Castle Arroyo Stockpiles shown in Figure 1 are not included in this scope.

Figure 1: Sediment Stockpiles and Disposal Site Locations

(image taken from Google Earth)

1.3 Period of Performance

A. The period of performance shall be no more than six (6) months.

B. USIBWC maintenance activity within the Rio Grande channel 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 activity.

1. Low runoff years have significantly shorter irrigation seasons.

1.4 Deliverables

A. Work Plan The Contractor shall provide a work plan, within 14 calendar days of award of contract, identifying the equipment, personnel and methods to be used to complete the work. 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.

D. Monthly Progress Report Contractor shall prepare and submit to the USIBWC, a monthly updated 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 are shown in Table 1.

Table 1: Required Performance Metrics (RPM)

complaints Acceptable rating

1-3 violations > 3 violations Supervisory inspections, random COR inspections, complaints Exceptional rating Good rating Poor rating

On time 90% On time 80%

Acceptable rating

1-3 violations > 3 violations Supervisory inspections, random COR inspections, complaints Exceptional rating Acceptable rating Poor rating

Acceptable rating Poor rating

1-3 incidents > 3 incidents

Poor rating

Doña Ana County

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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 the State of New Mexico water law.

D. It is highly recommended that the Contractor 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, in writing, by the landowner.

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

1.8 Site Access

1. All personnel requiring access to USIBWC property will be permitted entry in one of the following ways:

a. Visitor: All visitors will adhere to agency visitor procedures, including checking in and out upon entry and exit of a site. All visitors require an escort unless their vetting level has been verified and unescorted access has been approved. The Contractor will communicate all visitor access requests to the COR and/or a USIBWC security point of contact.

2. Site Access Considerations

a. Any person that has an outstanding warrant, open charges, issues with their immigration status, or whose eligibility to work within the United States cannot be verified, are precluded from working onsite.

b. Workers with DUI convictions within the past year are precluded from operating any on-road or off-road equipment onsite.

c. The Contractor shall ensure that all employees working onsite are easily identifiable with a project identification card, a special hard hat color, a significantly colored piece of clothing, or another method agreeable to USIBWC.

d. All on-road vehicles shall have the name of the construction company/Contractor clearly displayed on the side of the vehicle.

1.9 Site Work Restrictions

The site can be accessed through the levee maintenance roads. Contractor shall verify that any access required through public access roads may be accomplished without causing damage to adjacent properties.

1.10 Investigation of Site Conditions

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

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

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

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

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

4. The conformation and conditions of the ground.

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

C. Submission of a 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 removed and relocated.

D. Submission of a proposal constitutes agreement that the Contractor has provided written notice of all conflicts, errors, ambiguities and discrepancies discovered in the 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. The 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.

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.

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 titled, “Channel Maintenance Alternatives and Sediment-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 floodplain, 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. 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.

2.5 Roadways and Appurtenances

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

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 shall be repaired and/or replaced by the Contractor at no cost to the Government.

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

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

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

1. Costs include equipment on the project which was actually working on that portion of the Work which was interrupted or idled by repair or relocation of such utility facilities and which was necessarily idled during such work.

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

F. Maintaining in Service Unless indicated otherwise, oil and gasoline pipelines, power and telephone or the communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, overhead power, communication wires and cables encountered along the line of the Work shall remain in service continuously 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 landowner 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. “Record of Decision: River Management Alternative for the Rio Grande Canalization Project,” dated June 9, 2009.

4. “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.

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 River 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 (EMD). 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.

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 stockpiles and sediment disposal site require concurrence from New Mexico State Historic Preservation Officer (NMSHPO), in accordance with the “Amendment #2 to Programmatic Agreement Between International Boundary and Water Commission, United States and Mexico, United States Section and the New Mexico State Historic Preservation Officer, Regarding Improvements to Existing Rio Grande Canalization Project Along the Rio Grande, New Mexico,” signed November 6, 2023.

3.3 Other Considerations

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

3.4 National Environmental Policy Act Documentation

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

SECTION 4 REGULATORY REQUIREMENTS

4.1 General

Prior to the beginning of work, the Contractor shall be responsible for researching, coordinating, obtaining and paying all applicable fees for all permits required by Federal, state and local entities, 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 any work within Jurisdictional Waters of the United States (WOTUS), such as the active Rio Grande channel below the Ordinary High-Water mark (OHWM), USIBWC will obtain any required Section 404 permits from the U.S. Army Corps of Engineers (USACE) before work begins. Most sediment stockpiles, haul routes, levee roads and the disposal site for this project are upland and are not considered WOTUS. Therefore, they do not require Section 404 authorization.

B. The Contractor shall adhere to all permit conditions, including but not limited to, required mitigation, water quality certifications and standard best management practices (BMPs).

C. If the Contractor proposes equipment changes, access changes or work methods that newly introduce impacts to Jurisdictional Waters (i.e. below OHWM), the Contractor shall be solely responsible for obtaining any new, modified or supplemental Section 404 authorization prior to initiating such work. Activities confined to uplands do not require Section 404 permitting.

D. If USIBWC determines that the proposed activity constitutes “excavation only” with minimal incidental fallback under 33 CFR 323.2 (2)(d) or occurs entirely above the OHWM in uplands, no Section 404 permit will be provided or required.

E. In such cases:

· Only self-powered scrapers or excavators may be used to pick up sediment to avoid discharges that would trigger Section 404 jurisdiction;

· Bulldozers shall not push, blade or side cast sediment within the Rio Grande channel unless specifically authorized under a USACE permit.

F. Any work in WOTUS shall be limited to low flows or dry conditions. The contractor shall implement appropriate water-diversion methods, approved by the state of New Mexico or other relevant authorities when flowing water is present.

G. All equipment and temporary access shall remain in uplands unless authorized for work in WOTUS. Activities occurring solely on levee roads, floodplain uplands or designated disposal sites are not jurisdictional and are not subject to USACE permitting.

H. Any authorized discharge or disturbance below OHWM may be subject to enforcement. The Contractor shall be responsible for penalties or corrective actions.

4.3 Responsibilities

A. The Contractor shall be responsible for providing the proposed location of the project staging areas for compliance confirmation from 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 must also comply with all local environmental, fire or hazardous materials regulations. The Contractor is responsible for researching and obtaining all necessary permits for offsite work, where applicable.

C. Except those obtained by the USIBWC as identified in Section 4.2, 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.

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 Contract. This requirement does not apply to permits obtained directly by the USIBWC (e.g. Section 4040 permits, NEPA compliance documentation). The Contractor remains responsible for all SWPPP-related coverage, New Mexico Environmental Department (NMED) requirements and local permits.

F. 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 in this Contract. These notices include, but are not limited to, NMED Surface Water Quality Bureau notifications, State Engineer water-use notifications (if applicable), spill reporting requirement and any notifications required under this Contract’s SWPPP.

SECTION 5

TEMPORARY ENVIRONMENTAL CONTROLS

5.1 General

A. The Contractor shall provide and maintain methods, equipment and temporary construction to effectively control environmental impacts in the work areas, adjacent areas, temporary work areas and all Project Specific Locations (PSLs) 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. The Contractor shall be responsible for knowing and complying with all applicable environmental laws and regulations specific to New Mexico and federal facilities under the USIBWC jurisdiction.

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 “WOTUS” shall meet the requirements of the Clean Water Act (CWA).

C. The Contractor shall meet all requirements of the New Mexico Environmental Department (NMED) Surface Water Quality Bureau (SWQB), including requirements associated with stormwater and non-stormwater discharges, as applicable.

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. All water-handling, pumping or bypass systems shall be located in uplands unless specifically authorized by the USACE permit and the COR.

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.

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 responsible for controlling objectionable dust caused by the operation of vehicles and equipment, clearing or for any reason whatsoever. Dust control shall be provided at each stockpile until the work is completed and all equipment has been removed at that stockpile. Dust shall be controlled at all times, including Saturdays, Sundays and holidays, during both working and non-working 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 Agency’s (EPA's) general construction permit.

F. Water for dust suppression shall be sourced from a metered and approved supply and shall NOT be taken from the Rio Grande.

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.

E. The Contractor shall avoid high-noise activities during nighttime hours unless otherwise approved in writing by the COR.

5.6 Oils

A. For the purpose of this section, “oil” includes, but is not limited to, petroleum products, synthetic oils, fuels, lubricants and any mixture thereof.

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

I. All fueling, oil handling and maintenance shall occur in uplands at least 100 feet from surface water.

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

5.7 Mud from Vehicles

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

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

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 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.

b. Only USIBWC biologists or authorized personnel may coordinate with FWS for nest handling.

5.9 Noxious Weeds

A. To prevent the potential spread of noxious weeds into work areas, the 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 site, 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 or Rio Grande channel.

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.

G. The Contractor shall remain in uplands unless specifically authorized for WOTUS entry under Section 4.

5.11 Controls

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

1. Stabilized Exits and 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 of 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 Contract’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 PWS to perform the work for the Contract sum and within the Contract Period of Performance.

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

6.2 Security

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

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 include 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 and uninterrupted access to the affected owners 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).

D. The Contractor shall notify the maintenance inspector and the COR within 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, state, counties, municipalities and any other entities affected by this Contract.

B. There are no known stakeholders as the work is within USIBWC jurisdiction.

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, COR or 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 at the LCF 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 the Contractor's superintendent, engineers, inspectors, subcontractors, suppliers, and other concerned parties also attend the conference. The Contractor may invite anyone they wish to this meeting.

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. Request for Information (RFI)

h. Preparation of record documents

i. Use of ROW

j. Work restrictions

k. USIBWC and other's occupancy requirements

l. Responsibilities for temporary facilities and controls

m. Parking, work areas and storage areas

n. Safety and first aid

o. Security

p. Maintenance of project site

q. 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 meetings shall take place onsite or at the LCF. 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 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.

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 excuse the Contractor from completing all work within…