Sac Weir Clearing PWS.pdf

PERFORMANCE WORK STATEMENT

WRDA 16 AMERICAN RIVER COMMON FEATURES 2016

SACRAMENTO WEIR WIDENING PROJECT

Vegetation Clearing Contract

June 18, 2021

Part 1

General Information

1. GENERAL:

This is a non-personal services contract to provide vegetation and debris clearing for the American River Common Features 2016 Sacramento Weir Widening Project.

1.1 Authorization: Section 1401(2)(7) of the Water Resources Development Act of 2016, Public Law 114-322, authorizes implementation of the American River Common Features (ARCF) 2016 recommended plan identified in the project’s May 2016 General Reevaluation Report (GRR). Among other improvements, the recommended plan includes widening of the Sacramento Weir.

1.2 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, portable facilities, transportation, tools, materials, supervision, necessary permits, and other items and non-personal services necessary to perform the tree removal and trimming, and elderberry transplanting defined in this Performance Work Statement (PWS).Services include clearing of vegetation and removal of debris. The contractor shall complete all required work within the period of performance. The contractor shall plan, coordinate, organize, manage, and perform the activities described herein. Any clean up or remediation of existing hazardous or toxic materials and associated contamination encountered within the project footprint is not the responsibility of the contractor and not part of this contract.

1.3 Background:

1.3.1 The project seeks to improve performance of the Sacramento River Flood Protection project by widening the Sacramento Weir. This project includes levee setbacks along the Sacramento Bypass and Yolo Bypass. The majority of the levee setback is being completed under a separate contract in advance of this contract. The Sacramento Weir widening portion of the overall ARCF project includes a new weir, relocation of a county road, construction of a new road bridge, a setback levee, a fish passage control structure and fishway, and removal of a railroad embankment. These activities will be completed under a separate contract that follows this contract. This contract is for clearing vegetation including trees, woody shrubs and other vegetation within the footprint and work areas of the Sacramento Weir Widening project. This contract also includes removal of non-vegetative debris (see Exhibit B).

1.3.2 The work described herein is clearing of vegetation including orchards, naturally occurring riparian forest, dense shrubby riparian vegetation and exotic volunteer woody vegetation. The physical location and areas of vegetation clearing are shown in the attached drawings. All survey information regarding vegetation provided in this PWS, its attachments and exhibits, are to be considered approximations. Actual quantity and size of vegetation may vary; offerors are responsible for verifying site conditions prior to bidding.

No contract adjustment shall be made for variations between the information provided with this solicitation and the actual quantities.

1.3.3 Construction of the weir widening and appurtenant work will be carried out under a separate contract. Construction of the weir is scheduled to start in spring of 2022.

Construction of a setback levee and appurtenant work is scheduled to start in spring of 2020 under a separate contract issued by the State of California, Department of Water Resources (DWR). The vegetation clearing contractor (this contract) must coordinate with the DWR’s contractor for any activities occurring within, adjacent to, or utilizing common access routes used by DWR’s contractor. The setback levee construction contractor is required to allow and provide an access route through its site, if necessary, and through any shared access routes for the purpose of allowing the awardee of this contract to carry out the work required hereunder. The vegetation clearing and weed control contractor shall coordinate movement of its vehicles within the footprint of construction of the setback levee with the setback levee construction contractor . The vegetation clearing contractor must follow applicable safety rules from EM 385 1-1 when traversing the levee construction site or utilizing shared access routes. The vegetation clearing contractor must allow vehicle access for other contractors working for DWR through the limits of work defined in Exhibit A, and must coordinate activities to minimize delays to other contractors. See Exhibit A for site location drawings.

1.4 Government’s Objectives:

• Obtain high quality work

• Meet project target schedule milestones

• Obtain effective project management

• Ensure Compliance with regulatory requirements

• Obtain removal of vegetation outside of the migratory bird nesting season to minimize delays to weir construction from environmental regulations. The weir construction will be performed under a separate contract after the completion of the vegetation removal.

• Accomplish the clearing of trees and other vegetation in the designated areas.

• Removal of non-vegetative debris from within the contract footprint.

1.5 Scope: The major work elements described herein include planning, permitting, regulatory compliance, procuring needed materials, supplies, and equipment for removing vegetation within the approximately 115 acres of clearing areas shown on the attached Exhibit A, documenting work. The work elements also include removing remnant surface irrigation components associated with the orchard to the minimum extent necessary to remove the orchards. Only the removal of irrigation components that will prevent or hinder the removal of the orchards must be removed.

Services include:

• Planning, coordinating, permitting, organizing, managing, surveying, cultivating, mowing, debris removal, vegetation clearing, applying herbicides, documenting, biological surveying, and biological monitoring.

• Provida all permits, labor, supervision, materials, equipment, tools, power and supplies necessary to fulfill contract requirements.

• Services shall include, mowing, brush cutting, felling, bucking, disposal of removed vegetation, disposal of debris, herbicide treatment, record keeping and general cleanup.

1.6 Period of Performance:

Clearing Areas 1 & 2 Optional Clearing Area A Optional Clearing Area B Optional Weed Control

September 1, 2021 to March 31, 2022 September 1, 2021 to March 31, 2022 September 1, 2021 to March 31, 2022 January 1, 2022 to July 31, 2022

1.6.1 Schedule:

Develop a schedule and submit to the Contracting Officer’s Representative (COR) for approval to complete all required clearing. Refer to Attachment 5, Target Project Schedule.

See Attachment 3 for deliverable milestones. Provide Schedule in Excel spreadsheet format.

The work described herein encompasses a number of clearing areas; refer to Exhibit A.

1.7 General Information

1.7.1 Recognized Federal Holidays: The contractor may choose to work on holidays as needed to meet project requirements, with approval from the COR. No additional compensation shall be paid by the government in such cases.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.7.2 Hours of Operation: The contractor is responsible for conducting business between the hours of 6 am and 6pm Monday thru Friday except Federal holidays. Local noise ordinances must be followed for all powered, or loud work. Cars and Pickup trucks compliant with state and local requirements for public roads may be operated at any time.

1.7.3 Place of Performance: The work to be performed under this contract will be performed at the project site as shown on Exhibit A, plans.

1.7.4 Type of Contract: The government will award a Firm Fixed Priced type contract.

1.7.5 Security Requirements: The Contractor must pre-screen employees using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that each Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. When sub-contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.7.5.1 Physical Security: The Contractor shall be responsible for safeguarding any government equipment, information and property provided for contractor’s use.

1.7.6. Standards of Employee Conduct: Personnel shall be required to adhere to the following standards of dress and conduct while performing work at the project sites. These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 2014.

1.7.6.1. Be properly equipped at all times with the required personal protective and safety equipment.

1.7.6.2. Contractor employees will maintain personal hygiene.

1.7.6.3. Shall not engage in loud or boisterous behavior or use profane or abusive language.

1.7.6.4. Shall not use intoxicating beverages and/or drugs at the work site.

1.7.6.5. Possession of weapons on site is prohibited.

1.7.7. Parking Regulations: Contractor employees may park privately owned vehicles in the area designated for parking by the COR. Ensure employees park in the appropriate designated parking areas. The Government will not cancel or offer reimbursement for parking violations under any condition.

1.7.8. Use of Site Facilities:

1.7.8.1. The Government will not be responsible for any loss, damage, or theft. Use responsible acceptable standards of housekeeping and custodial maintenance.

1.7.8.2. The Government will provide an area designated for the Contractor’s use for staging and storage and other on-site facilities. The Contractor may establish necessary facilities in other areas within the limits of work with the approval of the COR. The contractor shall provide all required utilities to this area for the purpose of this scope of work. The Government will not be responsible for any damage to or loss of equipment and supplies stored within the limits of work for this contract.

Maintain fire extinguishers and other safety equipment responsibly.

1.7.8.3. The Contractor must safely store any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturer’s recommendations or EM 385 1-1, whichever is more stringent. An SDS (Safety Data Sheet) is required for all chemicals, pesticides, herbicides and cleaning solutions.

1.7.8.4. Electricity and phone service will NOT be furnished by the Government within the Contractor’s work area.

1.7.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend post award conferences convened by the Contracting Officer or COR. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review its performance. At these meetings the Contracting Officer will apprise the contractor of how the government views the Contractor's performance and the Contractor will advise the Government of any problems encountered during performance. Appropriate action shall be taken to resolve outstanding issues.

1.7.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: ensure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry for Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of this contract..

1.7.11 Key Personnel: Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract.

Accordingly the following personnel shall not be removed or replaced without the Government’s prior written approval:

(a) Project Manager: Provide a Project Manager (PM) who is responsible for the administration of the contract, ensuring requirements are performed as per contract.

The name of this person (and an alternate who shall act for the PM when the PM is absent) shall be designated in writing to the Contracting Officer. The PM shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract. The PM shall have experience managing contracts with the Federal government. The PM or alternate shall be available between 9:00 a.m.

to 4:00 p.m., Monday through Friday, except Federal holidays.

(b) Supervisor/Construction Quality Control Manager: Provide a full time Supervisor who may also serve as the CQC Manager per contract specifications. The Supervisor is responsible for oversight in carrying out the directions of the PM. The CQC Manager shall ensure quality control of all project requirements and reporting to the PM in a timely manner. The CQC manager shall ensure that the work, including that of subcontractors and suppliers, complies with the requirements of the contract.

(c) Jobsite Foreperson: The Jobsite Foreperson (JF) shall be responsible for carrying out the Supervisor’s orders and for handling crews performing the contract requirements. The JF shall be on site at all times when crews are at work. The JF shall be responsible for ensuring crews adhere to all applicable best management practices to protect the environment, and shall have at least three years of experience leading field personnel on similar type projects.

(d) Site Safety & Health Officer (SSHO): Provide a person as the Site Safety and Health Officer and ensure that the SSHO, or an equally‐qualified designated alternate SSHO, is at the work site at all times during the Contractor’s working hours. The SSHO must not be appointed to other duties in relation to this contract.

The SSHO’s training, experience, and qualifications shall meet the requirements of EM 385‐1‐1. A Competent Person shall be provided for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan.

(e) QSD & QSP: Provide a Qualified Stormwater Developer (QSD) and a Qualified Stormwater Practitioner (QSP) who meet the qualifications outlined below – Temporary Storm Water Pollution Control Risk Level 2. Both roles may be filled by one person.

Qualified SWPPP Developer (QSD) Ensure that SWPPPs are written, amended and certified by a QSD. A QSD shall have one of the following registrations or certifications, and appropriate experience, as required for:

• A California registered professional civil engineer;

• A California registered professional geologist or engineering geologist;

• A California registered landscape architect;

• A professional hydrologist registered through the American Institute of Hydrology;

• A Certified Professional in Erosion and Sediment Control (CPESC) (TM) registered through Enviro Cert International, Inc.;

• A Certified Professional in Storm Water Quality (CPSWQ) (TM) registered through Enviro Cert International, Inc.; or

• A professional in erosion and sediment control registered through the National Institute for Certification in Engineering Technologies (NICET);

The QSD shall be available throughout the life of the project to review and amend the SWPPP when necessary. Provide a copy of the QSD's certification within the SWPPP. Obtain the QSD Certification from the California Stormwater Quality Association (CASQA) or SMARTS.

The QSD shall be actively involved in the project throughout the life of the contract.

The QSD shall inspect the site in person prior to SWPPP development to aid in the creation of the site specific SWPPP. The QSD shall regularly assess the SWPPP and amend it as needed during active construction periods. Verification of the QSD's inspections and SWPPP assessments shall be documented in the SWPPP.

The QSD shall inspect the site in person prior to certification/submittal of the Notice of Termination (NOT).

Qualified SWPPP Practitioner (QSP) Ensure that all BMPs required by the CSWRCB CGP are implemented by a Qualified SWPPP Practitioner (QSP). A QSP is a person responsible for non-storm water and storm water visual observations, sampling and analysis. A QSP shall either be a QSD or have one of the following certifications:

• A certified erosion, sediment and storm water inspector registered through Enviro Cert International, Inc.; or

• A certified inspector of sediment and erosion control registered through Certified Inspector of Sediment and Erosion Control, Inc.

The QSP shall be available throughout the life of the project to address and implement the SWPPP when necessary. A copy of the QSP's certification shall be provided in the SWPPP. Obtain the Certification from the California Stormwater Quality Association (CASQA)or SMARTS to be valid.

(f) Biologist: The biologist must have a degree in either biology, ecology, wildlife biology, herpetology, or related fields. The biologist must have a minimum of 3 years’ field experience using USFWS and CDFW techniques. The biologist must have experience with the wildlife species likely to be encountered on the site. The biologist must have experienced with both raptors and migratory birds.

(g) Archeological Monitor: The archaeological monitor must have a graduate degree in archaeology, anthropology, or closely related field and meet the Secretary of the Interior's Professional Qualifications Standards for Archaeology. In addition, the archaeological monitor must have at least six months field and analytic experience in Californian archaeology.

1.7.11.1 Conditions applicable to key personnel:

(a) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the awardee’s proposal, the Contractor must provide personnel of equal ability and qualifications, subject to the concurrence of the Contracting Officer or an authorized representative.

(b) All requests for approval of substitutions hereunder shall be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer will notify the Contractor of approval or disapproval in writing.

c) The Contractor shall provide a project manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the project manager is absent shall be designated in writing to the Contracting Officer. The project manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The project manager or alternate shall be available between 8:00 a.m. to 4:30p.m. Monday thru Friday except Federal holidays.

(d) All Key Personnel shall be fluent in the English language.

1.7.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to wear garments or ID bearing the name of the Contractor in order to avoid creating an impression that they are Government officials. The Contractor must also ensure that all of its documents and reports , and those of any subcontractor or service provider, are suitably marked as contractor products.

1.7.13 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.7.14 Organizational Conflict of Interest: The contractor shall promptly inform the Contracting Officer and COR of any identified conflicts of interest while performing this contract.

1.7.15. Submittals: Provide all submittals to the COR. See Attachment 3, Deliverable Schedule for list of submittals. Provide submittals to any other Government Designated Authority as noted for each submittal. Provide submittals in electronic format. Submittal by e-mail is acceptable, where attachments exceed the size limits for email, provide the submittal via FTP site, or by mailing CD’s, DVD’s or Blue Ray discs. Submittals provided on discs must be placed on media of appropriate capacity to avoid single files spanning multiple discs. Thumb drives, flash drives and other such removable media cannot be used on USACE computer systems and will not be accepted for submittals. Refer to the submittal requirements for software and file type.

1.7.16. Safety Requirements

The Contractor shall follow all safety regulations and shall comply with the most current edition of USACE EM 385‐1‐1, and all applicable Federal, State, and local laws, ordinances, criteria, rules and regulations, including but not limited to 29 CFR Parts 1910 and 1926.

1.7.16.1 The Contractor shall provide appropriate signs designated by Fire, Safety & Security and place them as indicated in work areas. Within one calendar day after commencement of work, erect a safety bulletin board at the job site, unless size, duration, or logistics of the work do not facilitate a bulletin board, in which case provide an alternative to a bulletin board, acceptable to the COR, that is accessible and includes all mandatory information for employee and visitor review. The Contractor shall provide and maintain information on the safety bulletin board or, if an alternative is utilized, on the alternative, as required by EM 385‐1‐1 section 01.A.07.

1.7.16.2. The Contractor shall keep contract work areas closed off to unauthorized personnel and perform all project associated activities without damaging or contaminating adjacent areas. Where such areas are damaged or contaminated by the Contractor, restore areas to their original condition. at no additional cost to the Government.

1.7.16.3. The Contractor shall report all accidents to the Safety Office through the Technical POC, within the same shift during which the accident(s) occurred, as soon after the accident as is practical. The Contractor shall complete an Occupational Safety and Health Administration (OSHA) Form 300 in relation to any accident and submit ENG 3394 to the Safety Office within 5 days of an accident. The Contractor shall stop work in the event of serious injury or damage, leaving everything in place exactly as it was at the time of the accident, except when there is the possibility that more damage or injury would or could occur if things are left in place.

1.7.16.4 The Contractor shall designate and provide a person as the Site Safety and Health Officer (SSHO) and ensure that the SSHO or an equally‐qualified Designated Alternate

SSHO is at the work site at all times during working hours to enforce and implement the Contractor's Safety and Health Program in accordance with the Government‐accepted Accident Prevention Plan. The SSHO's training, experience, and qualifications shall be in accordance with EM 385‐1‐1 paragraph 01.A.17.

1.7.16.5. Ensure, via the SSHO, the requirements of EM 385‐1‐1 section 1 and 29 CFR

1926.16 are met for the Project. Duties of the SSHO are a full‐time responsibility, except during the Maintenance Phase of the period of performance. A dual hatted SSHO is allowed during the MP. USACE will hold the Contractor accountable for its safety and health performance.

1.7.16.6. A Competent Person shall be provided for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan, and be on‐site at all times when the work that presents the hazards associated with their professional expertise is being performed. The Contractor shall provide proper credentials of the Competent Persons(s) to the Contracting Officer/COR for acceptance in consultation with the Safety Office prior to start of the project.

1.7.16.7 If any material such as PCB, lead paint, asbestos and other OSHA regulated chemicals (i.e. 29 CFR Part 1910.1000), that may be hazardous to human health upon disturbance during operations is encountered, stop that portion of work and notify the COR immediately.

1.7.16.8 All underground utilities in the work area shall be positively identified by a third party, independent, private utility locating company in addition to any station locating service and coordinated with the station utility department.

1.7.16.9 The Contractor shall use a qualified person to prepare a site‐specific Accident Prevention Plan (APP). The Contractor shall prepare the APP in accordance with the format and requirements of USACE EM 385‐1‐1. The APP shall cover all paragraph and subparagraph elements IAW USACE EM 385‐1‐1, Appendix A, “Minimum Basic Outline for Accident Prevention Plan.” The Activity Hazard Analysis (AHA) format shall be in accordance with USACE EM 385‐1‐1, Section 1. The Contractor shall use the AHA during daily inspections to ensure the implementation and effectiveness of its safety and health controls.

1.7.16.10 Hard hats and steel-toed shoes will be required in accordance with EM 385 1-1 and the Contractor’s safety plan.

1.7.17 Historical Preservation: Provide a qualified Archaeological Monitor to oversee ground-disturbing work, and positively identify cultural resources if they are encountered during the course of work. If archaeological, historic, or other cultural resources (including human remains) are encountered during work by the Contractor, the Contractor shall immediately stop work within 100 feet of the find and protect it from further impacts. The Contractor shall immediately notify the COR and Corps Archaeologist verbally, with a written follow-up. The Contractor shall only resume work within the 100-foot avoidance area at the written direction of the COR. The Archaeological Monitor will provide archeological sensitivity training to all work personnel prior to work activities. The Corps Archaeologist contact is:

Jessica Phelps, Archaeologist 916-557-6750 Jessica.L.Phelps@usace.army.mil

1.7.18 Environmental Preservation:

1.7.18.1 Bird Monitoring Requirements: The Contractor shall provide a USFWS approved biological monitor for compliance with the Migratory Bird Treaty Act should any work occur during the bird nesting season. Toppled trees awaiting chipping must also be surveyed as described below, during the nesting season. The approved monitor shall survey for migratory birds all work areas between February 1 and October 1 of any year. Surveys shall include ground nesting birds in addition to tree nesting birds. Perform the survey a maximum of 24 hours in advance of removal of the vegetation to verify the absence or presence of occupied bird nests. Active nests with eggs, or hatchlings require protection.

If a nest requiring protection is discovered, establish the required buffer area in which trees will be left standing and activities other than monitoring excluded. Delay tree removal until the hatchlings have fledged. Conduct Raptor nest surveying and monitoring if appropriate nesting habitat exists in the vicinity of work areas. Surveying, monitoring, and avoidance measures shall be documented in the Environmental Protection Plan (EPP) and subject to Government approval. If an occupied nest is discovered, the monitor shall establish an appropriate buffer zone and delay the action within the buffer zone until the hatchlings have fledged. The approved monitor shall establish the buffer zone distance. USACE biologists may, at their discretion, establish a buffer zone distance which shall prevail over the Contractor established buffer zone. The Contractor shall clearly mark trees or vegetation with active bird nests and any buffer zones with a consistent marking method and system.

The Contractor shall maintain the markings in a clearly visible condition until the buffer zone is no longer needed. The Contractor shall provide, at a minimum, weekly reports detailing, survey methods, where surveys occurred, any findings, including coordinates for occupied nests, their species and status of the nest(s). All coordinates shall be in the California State Plane coordinate system zone 2, NAD 83, US Survey feet.

a. Buffers for migratory birds (passerines) shall be a distance sufficient to ensure no disturbance to nesting migratory birds, with a minimum buffer of at least 40 feet.

Buffers for raptors shall be ¼ mile. At the discretion of USACE biologists raptor buffers may be reduced when deemed appropriate by the USACE biologist.

b. Any nests found during pre-work bird surveys must be monitored on a weekly basis until the nest is no longer requires protection. A monitoring log shall be kept which tracks the weekly observations of any nest discovered during bird surveys, until the nest is considered eligible for removal and is removed. The monitoring log shall record the date, time, site conditions, nest conditions, bird activity and mailto:Jessica.L.Phelps@usace.army.mil monitoring methods and equipment used. The monitoring logs may be provided to the USFWS for tracking compliance.

c. Active nests with eggs, or hatchlings require protection. Inactive nests or nests with no eggs or no hatchlings which have not fledged can be removed, and the tree toppled.

d. All nests located and protected with buffer must be monitored on a weekly basis, by the USFWS approved monitor. Track all monitored nests in spreadsheet with weekly entry noting bird species, status and condition of nest, including condition of eggs, condition of hatchlings, and evidence of predation. Submit weekly monitoring reports on a weekly basis by the end of the following week (Friday).

e. If monitoring becomes necessary and bird nests are found and protected, complete remaining vegetation removal within the buffer areas when migratory bird nest buffers are no longer needed.

1.7.18.2 Critical habitat for the Valley elderberry longhorn beetle exists within the site boundaries. All elderberry shrubs shall be avoided in compliance with USFWS Conservation Guidelines for Valley Elderberry Longhorn Beetle . The Contractor shall place plastic safety fencing a minimum of 20 ft. outside the dripline of existing elderberries within 100 ft. of any work areas prior to commencing work. The Contractor shall ensure all employees understand the need to avoid damaging the elderberry plants and the penalties for not complying with this requirement. The Contractor shall replace any fencing that degrades to the extent it no longer can serve its purpose as a visual warning, and prior to it becoming brittle.

1.7.18.3 If any type of garter snake is encountered, the Contractor shall stop working within 50 ft. of the snake and wait for it to move on its own away from the work area. As well, the Contractor shall contact the qualified biological monitor. The biological monitor shall identify the species of snake. Do not disturb the snake to encourage it to move. If the snake species is identified as a Giant Garter Snake, the Corps Environmental lead will contacted immediately. No snakes are to be harmed.

1.7.18.4 Bat preservation: Implement the following measures to minimize impact to special status bat species. Mark the trees indicated in Exhibit A, Clearing Plans, as having potential for bat roosting for approval by the COR or Government biologist prior to removal., After approval of the marking, the marked trees may be removed. The monitoring biologist must attend a meeting with government environmental personnel prior to tree removal to discuss the intent and implementation of measures to protect special status bat species.

This can be part of the preparatory meeting held prior to tree removal. Remove the trees indicated as having potential for bat roosting in a two phase process. The first day, under the supervision of the designated biological monitor, remove limbs and branches that do not contain cavities, cracks, crevices, or deep bark fissures that can provide roosting habitat. On the second day remove the remainder of tree, under the supervision of the designated biological monitor. For standing dead trees, with cavities, cracks, crevices, or deep bark fissures, remove surrounding trees on the first day. Remove the standing dead tree on the second day. Removed material shall be examined by the biological and monitor, and any bats killed shall be reported to USACE.

If trees must be removed during bat pupping season (April 1st through August 31st), within 30 days of tree removal, any trees indicated on Exhibit A as suitable bat roosting habitat must be surveyed by the designated biological monitor for active maternity roosts prior to removal. Surveys must be conducted from dusk until dark. If, any special-status species bat maternity roost located, appropriate buffers must be established by clearly marking the buffer area. The buffer area must be a minimum of 100 feet outside the tree containing the maternity roost. No contract activities shall commence within the buffer areas until the end of pupping season (September 1) or the designated biological monitor confirms that the maternity roost is no longer active. If construction activities must occur within the buffer, a qualified biologist must monitor activities either continuously or periodically during the work, as determined by the qualified biologist. The qualified biologist would be empowered to stop activities that, in the biologist’s opinion, threaten to cause unanticipated adverse effects on specials status bats. If construction activities are stopped, the biological monitor would inform the Government, and CDFW would be consulted to determine appropriate measures to implement to avoid adverse effects. Biological monitors for tree removal outside pupping season must have familiarity with bat ecology and habitat requirements. .

Biological monitors for tree removal during pupping season must have prior experience surveying and monitoring for bats and must be approved by COR or Government biologist.

1.7.18.5 The United States Department of Agriculture (USDA) designates certain biobased products for Federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Refer to the BioPreferred web site: (http://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml) for the complete list of designated products and the associated minimum biobased content level requirements.

1.7.18.6. All staff, including subcontractors, involved with all phases of field activities shall attend an environmental awareness training provided by the Government prior to any activities on site. The training shall include information regarding State and/or Federally listed species that may occur on site in order to be proactive and avoid effects to listed species. Contractor shall provide a minimum 1 week notice to the COR for environmental awareness training requests:

Training is provided at the project site, or a location mutually agreed to by the contractor and government. At its discretion, the Government may require training in excess of once per each month to be provided at the Sacramento District office located at: 1325 J Street, Sacramento CA, 95814. No additional payment for travel will be provided for contractor travel to the Sacramento District Corps of Engineers office for this training.

1.7.18.7. Portable internal combustion equipment (e.g. chippers, generators, compressors, etc.) shall be registered with the YSAQMD Yolo Solano Air Quality Management District or CARB (California Air Resources Board), in accordance with 13 CCR 2450-2466, Portable Equipment and Engine Registration and 40 CFR 89, Control of Emissions from New and In-http://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

Use Nonroad Compression-Ignition Engines. Contractor shall provide the application and pay all applicable fees to the YSAQMD.

1.7.19. Supervision and Training:

1.7.19.1 Provide a supervisor who speaks fluent English on site at all times. If there are non-English speaking employees on site, a qualified contractor employee shall be available to translate any information to those workers as needed.

1.7.19.2 Maintain satisfactory standards of personnel conduct and work performance and administer disciplinary action as required. Remove employees for cause, to include, but not limited to, misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government.

1.7.19.3 Perform training and safety precautions for employees working under these specifications. OSHA standards shall be observed in all work performed. Appropriate safety equipment shall be furnished and used as prescribed by OSHA and EM 385-1-1 standards, including hard hats, safety shoes, safety glasses, high visibility apparel meeting ANSI/ISEA 107, Performance Class 2, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to:

a. National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire Extinguishers.

b. Occupational Safety and Health Administration (OHSA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

c. Site Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

d. Archeological Awareness training; refer to Section 1.7.18.4.

e. Environmental Awareness Training; refer to Section 1.7.18.6 .

1.7.20 Ongoing Levee Construction:

Construction of the LEBLS (Lower Elkhorn Basin Levee Setback) project levee will be underway under a separate contracts awarded by the State of California, Department of Water Resources. Construction of the levee is scheduled for completion by 2022, but may extend for the duration of this contract. During this time the levee contractor will be constructing the new levee and various appurtenances. Load limits on the completed levee crossings are standard loads including standard loads for 40 ton semi-trucks.

1.7.20.1 The vegetation clearing contractor (this contract) is required to provide passage on existing farm roads traversing the project footprint for equipment and personnel of the levee contractor’s, should work on both contracts overlap. Similarly, the levee contractor is required to provide access through its’ work areas to the contractor executing this contract.

See Exhibit A, Plans for site location, access points, and levee contractor work areas.

Coordinate any work that may affect operations of other contractors working in areas close to the work areas of this contract.

1.7.21. Coordinating with Ongoing Farm Operations: Farm operation within the revegetation project limits will cease prior to the start of this contract, however adjacent properties will continue to be farmed. Coordinate with farming operations regarding spraying activities in adjacent orchards along with herbicide application within the vegetation clearing area.

1.7.22. Work Along the Railroad tracks and Embankment: All work within 20 feet laterally from the railroad tracks, or on the railroad embankment must be coordinated at least five days in advance with the Railroad’s General Manager, Brenton MacDonald. For any work occurring on the above mentioned areas, contact the Railroad Dispatch, Cole Pennington at the start of the work day and at the end of the work day. Provide flagmen if required by the Railroad. No trees, limbs, branches or any debris may be left on or within 10’ of the Railroad tracks at any time. No trees, limbs, branches or other debris may be dropped on the railroad tracks. If any damage to the RR tracks or embankment occurs at any time, contact the RR dispatch immediately.

Sierra Northern Railway P.O.C.s:

President/CEO: Ken Beard

Phone: (530) 666 9646 Mobile: (209) 613 4729 kbeard@sierrarailroad.com

General Manager: Brenton MacDonald

Phone: (530) 666-9646 ext. 416 | Cell (530) 650-5440 bmacdonald@sierrarailroad.com

Dispatch: Cole Pennington

Phone: (530) 908-9467

1.7.23. Payment and Invoices: NOTE: All invoices shall reflect the contract number (Block 2 of the SF-1449) and the final invoice must be marked “FINAL.”

Contract Payments: Payment is NET 30 unless the Contractor specifies prompt payment discount terms in the proposal. The Government will pay the Contractor upon submission of proper invoices for the supply/service delivered and accepted for the portion of the work actually performed under the contract. Payment will be made as indicated in the contract’s Payment Schedule; payment is not based on percentage of completion. Deliverables as defined in the Payment Schedule of the contract require acceptance by the Government before payment will be made. For any payment questions, contact the COR.

Invoices shall be submitted monthly. Each line item on an invoice shall give a description including the Contract Line Item Number (CLIN). Upon receipt, the Contracting Officer will certify that the requested amounts are appropriate before payment will be made. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices shall reflect the contract number, see Block 2 of the Standard Form 1449. The final invoice shall be marked “FINAL”. The Contractor shall provide copies of all invoices to the following:

a. A draft invoice shall be emailed to the Contracting Officer’s Representative prior to the original invoice submission. The COR will inspect completed work as stated on the invoice and submit to the Contractor a confirmation notice or temporary denial of payment until work is completed. After the Contractor has received the approval by the COR, the approved original invoice may then be submitted to the address in block 18a of SF1449, page 1.

b. Original invoice only without additional information or supporting documentation shall be submitted to:

USAED, Finance Center Attn: CEFC-FP 5722 Integrity Dr.

Millington, TN 38054-5005 Email: CEFC-Payments@usace.army.mil

c. Electronic copy of each invoice with all required information including any necessary supporting documentation shall be submitted to:

U.S. Army Corps of Engineers Engineering Technical Lead (Landscape Architecture) Attn: James Lee 1325 J Street Sacramento, CA 95814 james.r.lee@usace.army.mil 916-557-7564

And the Contracting POC:

U.S. Army Corps of Engineers, Sacramento District Attn: ________________, Contracting Division, (CESPK-CTB) 1325 J Street Sacramento, CA 95814 Email: ________________________

Each invoice shall include the date, a unique invoice number, contract number, company name, USACE Project Name, CLIN, task description and amount. It shall include a billing summary history of all preceding invoices billed indicating the contract amount for each line mailto:james.r.lee@usace.army.mil mailto:Christopher.L.Toso@usace.army.mil item, the amount previously billed, the amount currently billed and the total amount billed.

Provide a copy of the payment schedule with each invoice. Highlight the contract line items that are being billed with the invoice on the copy of the payment schedule. Provide a brief written explanation of any deviations from the payment schedule, for example: Work completed ahead of schedule, or Herbicide application delayed due to late growing season from cold weather.

1.7.24. Authorities/Technical Direction: Take no direction that changes the terms and conditions of this contract from any Government employee or any person other than the Government Contracting Officer.,This includes any change that could affect the contract’s cost, price, scope or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract before any changes can be made. Comply with the Changes clause of this contract when direction has been given by persons other than the Government Contracting Officer that equate to a change of a contractual term by notifying the Contracting Officer, as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer’s Representatives are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, he or she will be appointed by written letter from the Contracting Officer to the Contractor and designating the COR’s specific authority.

1.8 Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the Contractor tracks its compliance with the requirements of the contract. The CQC Manager shall ensure quality control of all project requirements and reporting to the PM in a timely manner. The CQC manager shall ensure that the work, including that of subcontractors and suppliers, complies with the requirements of the contract. For submittal requirements refer to Attachment 3, Deliverables Schedule.

1.8.1 The COR will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. After acceptance of the Quality Control Plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. The Contractor’s QCP shall include the following, at a minimum:

a. An inspection plan covering all services required by this contact. The inspection plan shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished and documented, and specify the title of the individual(s) who will perform the inspections.

b. Provide on-site records of all inspections conducted noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

c. Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

d. On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

e. On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

1.8.2 At least three phases of control shall be conducted by the CQC Manager for each definable feature of work as follows:

Preparatory Phase: This phase shall be performed prior to beginning work on each definable feature of work; after all required plans/documents/materials are accepted, and after copies are at the work site. This phase shall include:

a. Review of the contract requirements and drawings.

b. Examination of the work area to assure that all required preliminary work has been completed and is in compliance with the contract.

c. Review of the appropriate activity hazard analysis to assure safety requirements are met.

Initial Phase: This phase is accomplished at the beginning of a definable feature of work. Accomplish the following:

a. Verify adequacy of controls to ensure full contract compliance. Verify required control inspection and testing.

b. Check safety to include compliance with and upgrading of the safety plan and activity hazard analysis. Review the activity analysis with each worker.

Follow-up Phase: Perform daily checks to assure completion of the particular feature of work. Conduct final follow-up checks and correct all deficiencies prior to the start of additional features of work which may be affected by the deficient work.

1.8.3. Documentation: Maintain current records providing factual evidence that required quality control activities have been performed.

1.8.4 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with…