Attachment_A-PWS-Attachments_Wenden.pdf

1 Background: The site is located on US Highway 60, 2 miles east of Wenden, Arizona (Mile Marker 63) in La Paz County situated within McMullen Valley, which lies between the Qaraiver Mountains to the north and the Harqualhala Mountains to the south. The valley is an open desert terrain with agricultural, rural and residential property. The site consists of an undeveloped tract of land with no existing structures and multiple piles of manganese ore. The site is secured by padlocked wire fencing and accessed by a metal gate at one (1) entrance; this gate is on the southern border with access road off US Highway 60.

2 Objective: The objective of this performance work statement (PWS) is to convey the Government need to obtain services to upgrade 1,852 feet of existing rail spur, and connect this spur to the Arizona & California Railroad mainline north of the site, making it operational for at least ten (10) standard ore hauling railroad cars. Services will be performed at the Defense Logistics Agency Strategic Materials leased storage site located at Wenden, Arizona. This site is leased from the Bureau of Land Management (BLM).

2.1 Scope of Work: The work consists of furnishing all labor services to perform the specific performance requirements for the tasks listed above and those that are delineated in Section 6 of this PWS. The Contractor shall provide all supervision, administrative support, labor, transportation, materials, supplies, equipment, licenses, and agreements associated with the performance of this contract. The Contractor shall make available the status of work progression to the Contracting Officer (KO) or the Contracting Officer’s Representative (COR) upon request. The Contractor shall plan, schedule, coordinate and provide effective completion of all tasks and services described herein, the period of performance shall be ninety (90) calendar days from issuance of the notice to proceed.

2.1.1 Basic Services: The Contractor shall provide all supervision, administrative support, labor, transportation, materials, supplies, equipment, licenses, and agreements needed to complete the tasks and services of this contract. The Contractor shall complete all tasks and services identified as required to satisfy the requirements of this contract.

2.1.2 Work Schedule: The Contractor shall develop and submit a work schedule with their proposal that addresses the performance tasks and services described in this PWS. A revised work schedule can be submitted for review and acceptance ten

(10) days after contract award.

The Contractor shall address the tasks and services identified in Attachment 1— Performance Requirements Summary Table (PRST), at the frequency of the service

Attachment A

PERFORMANCE WORK

STATEMENT (PWS)

Rail Spur Upgrade at Wenden, Arizona

PWS—Rail Spur Upgrade Wenden SP8000-18-R-0004 listed in the table. The schedule shall identify specific tasks and approximate times and dates the tasks will be performed. The Contractor shall provide a copy of the schedule to the COR and not deviate from the accepted schedule without prior approval from the KO or the COR.

2.2 Contractor Personnel: The Contractor shall have a fully trained staffed on the first day of contract performance and maintain a fully trained staff throughout the life of the contract.

2.2.1 Project Management: The Contractor shall provide project management. The

Project Manager (PM) shall be available at all times while contract work is in progress to receive notices, reports or request from either the KO or the COR. The PM must be able to read, write and speak English. The PM shall have in-depth knowledge of the performance based and prescriptive quality processes, procedures, parts, tools and equipment required to accomplish all tasks and services of this contract.

2.2.2 Contractor Employees: The personnel employed by the Contractor shall be capable employees, trained and qualified in the performance of the tasks and services of this contract. The Contractor personnel shall present a neat appearance and be easily recognized as contractor personnel. All employees must be able read, write and speak English.

2.2.3 License Requirements: The Contractor shall ensure their employees, have current and valid issued identification, as well as any applicable and current professional licenses or certifications required by Federal, Arizona and local laws. The following professional licenses or certifications are required:

a. A current identification card issued by any state government.

b. A valid and current training certificate/license specific to the type of equipment they operate.

c. Any other professional license or certification required by Federal, Arizona, and local laws related to the performance of a specific service/task.

2.2.4 Security Requirements: No weapons, alcohol or other prohibited items will be permitted on site.

2.3 Quality Control: The Contractor shall develop and submit a comprehensive Quality

Control Plan (QCP) with their proposal that addresses how the requirements of the contract will be satisfied. The basic tenet of the plan is that the Contractor is responsible for quality control. Inspection methods (used by the Government) and acceptable quality levels (AQL) are listed in Attachment 1—PRST.

2.3.1 Quality Control Plan: The Contractor shall develop and maintain a comprehensive QCP to ensure services are performed in accordance with this PWS.

The Contractor shall develop and implement procedures to identify, prevent and ensure non-reoccurrence of defective/unacceptable services. The Contractor shall perform Quality Control Inspections using qualified personnel (i.e. personnel sufficiently knowledgeable of technical aspects covered under this contract, which would allow identification/discovery of improperly performed services).

2.3.2 Quality Control Plan Requirements: The QCP shall include specifics as to the areas to be inspected on a scheduled basis, frequency of inspections, submission of a Quality Control Inspection Schedule and the title and organizational placement of the inspectors. The plan shall provide a description of the methods to be used to identify and prevent defects in the quality of service performed and corrective actions to be taken to correct defects identified. The plan shall also provide a description of the records to be kept to document inspections and corrective or preventive actions taken.

2.3.3 Quality Control Plan Records Requirements: A revised copy of the Contractor’s QCP can be provided to the KO and the COR within ten (10) working days after contract award. The Contractor may implement changes to their QCP subject to the KO’s written approval. Documentation of inspections and corrective actions taken shall be kept (and be made available to the KO or COR upon request) throughout the contract performance period and for a period after contract completion until final settlement of any claims under this contract.

2.4 Quality Assurance: The Government will evaluate the Contractor’s performance by appointing a COR to monitor performance and ensure services are received and acceptable in accordance with this PWS. The methods of surveillance used by the Government will be either 100% Inspection or Random Inspection for this contract.

The COR will utilize the Attachment 2—Quality Assurance Surveillance Plan (QASP) developed by the Government, for this contract to document the level of services provided by the Contractor.

2.4.1 Performance Evaluation Meeting: The KO may require the PM to meet with the

KO, the COR and other Government personnel as deemed necessary. The Contractor s may also request a meeting with the KO when the Contractor believes that such a meeting is necessary. Written minutes of all meetings shall be documented and signed by the KO. Meeting minutes shall be distributed to all attending parties. If the Contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the KO within ten (10) calendar days following receipt of the minutes.

2.5 Physical Security: The Contractor shall be responsible for safeguarding all of their furnished property, materials and equipment and shall secure them at the end of each work period. All property, materials and equipment will be secured in a location identified by the COR.

2.5.1 Key Control: None required as no keys will be given to the Contractor.

2.5.2 Lock Combinations: None required as no lock combinations will be given to the Contractor.

2.5.3 Contractor Parking: The Contractor shall ensure that all their employees park in areas identified by the COR. No Contractor vehicles will be on-site outside of the established hours of operation for this contract unless approved by the KO or the

COR.

2.5.4 Access to Property by the Contractor Personnel: The Contractor shall have access to the property utilizing a keyed lock provided by them that shall interconnected with the installed Government owned lock. This procedure shall be utilized when the COR is not onsite.

2.6 Hours of Operation:

2.6.1 Contactor Hours of Operation: The Contractor shall perform the services of this contract between the hours of 7:00 am and 3:30 pm, local time, Monday through Friday, except Federal holidays or any other day(s) designated by Federal Statute, Executive Order or Presidential Proclamation.

The ten (10) Federal holidays are:

1) New Year’s Day,

2) Martin Luther King Day,

3) President’s Day,

4) Memorial Day,

5) Independence Day,

6) Labor Day,

7) Columbus Day,

8) Veterans Day,

9) Thanksgiving Day,

10) Christmas Day.

No services will be performed on these holidays or other days designated by the

COR.

2.7 Conservation of Utilities: No utilities to be provided.

2.8 Environmental and Safety: The Contractor shall comply with all applicable Federal, State, and local laws and regulations.

2.8.1 Hazardous Materials: Use of hazardous materials shall be minimized. Hazardous materials may only be used in the event that a suitable non-hazardous material alternative does not exist. If required, hazardous materials shall be handled and disposed of as listed on the container(s) labeling. The Contractor shall provide a copy of the Safety Data Sheet(s) (SDS) to the COR for all on-site Contractor furnished material that requires an SDS. Copies of all SDS’ will be maintained on-site by the designated site safety monitor for quick reference.

2.8.2 Bio-Based Materials: The Contractor shall utilize one hundred percent (100%) bio-based products in the performance of this contract for the following categories of products: fuel additives, penetrating lubricants, greases, grease removers, gear lubricants, hydraulic fluids, sorbents, chain & cable lube, corrosion preventatives, and multipurpose lubricants. All bio-based materials shall meet the Original Equipment Manufacturers (OEM) specifications.

Within ten (10) business days of contract award, the Contractor shall submit a complete list of bio-based products, indicating product name, manufacturer, bio-based content and the intended use of each of the materials that are to be used to satisfy the requirements of this contract.

If a bio-based product is not commercially available to meet a requirement of this contract including OEM’s specifications, the Contractor shall document their effort to identify a suitable bio-based product and request relief from the KO.

2.8.3 Green Procurement: Conservation of energy and material resources are national policies embedded in Federal Law. Consideration of environmental factors in procurement is required. In order to comply with federally mandated environmental preference programs and the Department of Defense (DOD) “Green Procurement Program” (GPP) policy, DLA requires the use of environmentally preferable products and services. Program elements include the use of recovered material products, recycled contents, energy and water efficient products, alternative fuels, bio-based products, non-ozone depleting substances, non-flammable propellants, priority chemicals, biodegradable and environmentally friendly products to the maximum extent possible. The Contractor shall use environmentally friendly (green products) to the maximum extent possible in performance of the requirements of this PWS.

2.8.4 Clean Up/Disposal of Waste Materials: At the completion of each work day, the Contractor shall be required to clean-up the workspace and remove and dispose of any parts and debris from government property. The Contractor shall divert from the solid waste stream (i.e. facilitate the reuse and/or recycle) at least fifty percent (50%) of non-hazardous construction and demolition materials and debris. The Contractor shall dispose of all hazardous waste in a manner that complies with applicable Federal, State and local laws and regulations. The Contractor shall provide a copy of all documents related to disposal and transfer of hazardous waste to the COR, including waste handler licenses and disposal facility certifications.

2.8.5 Spill Responsibility: The Contractor is solely responsible for any and all spills or leaks during the performance of this contract, which occurs as a result of, or is contributed to, by the actions of its agents, employees or subcontractors. The Contractor shall clean up such spills or leaks to the satisfaction of the Government in a manner that complies with applicable Federal, State and local laws and regulations. The cleanup shall be at no cost to the Government. The Contractor shall report all such spills or leaks, regardless of their quantity, to the KO and COR immediately upon discovery.

A written follow-up report shall be submitted to the KO and the COR no later than twenty-four (24) hours after the initial report. The written report shall be in narrative form and as a minimum shall include the following:

1) Description of item spilled (including identity, quantity, etc.),

2) Whether amount spilled is EPA/State reportable and if so, whether it was reported,

3) Exact time and location of spill including a description of the area involved,

4) Containment procedures initiated,

5) Summary of any communications the Contractor has with the press or

Government officials other than the KO or the COR,

6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

2.8.6 Storm Water and Dust Control: The Contractor shall be responsible for implementing appropriate control measures and obtaining appropriate permits for storm water control, pollution prevention, and dust control in accordance with Federal, State, and local laws and regulations. The Storm Water Pollution Prevention Plan (SWPPP) and Dust Control Plan (DCP) shall be submitted to the COR for review and approval and a copy shall be maintained onsite at all times.

2.8.7 Safety: The Contractor shall determine the need for, and supply all, personal protective equipment required by their employees to perform the tasks and services of this contract. The Contractor shall comply with all safety requirements of the Occupational Safety and Health Standards (OSHA) (29 CFR 1910) and all other Federal, State, and local laws and regulations.

At a minimum, the Contractor shall require their employees to wear steel toed safety shoes, eye and hand protection.

2.8.8 Mishap Reporting: The Contractor shall report in writing to the COR all injuries, property damage, equipment damage or vehicle mishap that occurs during the performance of tasks or services of this contract within two hours of occurrence.

The Contractor shall complete and submit any documentation determined to be appropriate by the COR to document the mishap. Any damage, which occurs as a result of, or is contributed to the actions of its agents or employees, or Sub- Contractors to facilities or equipment by the Contractor shall be repaired or replaced at the expense of the Contractor to the satisfaction of the COR.

2.9 Records: The Contractor shall be responsible for creating, maintaining and disposing of only those Government-required records that are specifically cited in this PWS. The Contractor shall maintain these records throughout the contract performance period and for a period after contract completion until final settlement of any claims under this contract. If requested by the Government, the Contractor shall provide the original record(s), or a reproducible copy of any such record(s), within five (5) working days of receipt of the request.

2.9.1 Invoices: The Contractor shall itemize all documents submitted to the Government for review. In the event a “fail” rating is assigned (see Attachment 2-QASP) as a result of inspections, invoices may not be processed for payment until re-performance is completed and confirmed in writing by the COR based on the standards listed in the QASP.

2.9.2 Manpower Reporting for Service Contracts: In accordance with DLAD 37.103-

90(e), the following Contractor manpower-reporting requirement is included in this PWS. The Contractor shall report all labor hours required for performance of service(s) performed under this PWS for the Defense Logistics Agency via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later https://www.ecmra.mil/ than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at https://www.ecmra.mil.

3 Definitions: As used throughout this contract, the following terms shall have the meaning set forth below and specified as applicable to this contract.

General Definitions:

A. Acceptable Quality Level (AQL): The standard at which service is considered satisfactory as agreed upon by the Contractor and Government.

B. Contractor: The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The prime Contractor shall ensure that their subcontractors comply with the provisions of this contract.

C. Contracting Officer (KO): One with the authority to enter into, administer, and/or terminate contracts and make related determinations.

D. Contracting Officer’s Representative (COR): One who is designated and authorized in writing by the Contracting Officer to be responsible for surveillance/monitoring of the Contractor’s performance.

E. Contractor Furnished Property, Materials and Equipment: All property, materials and equipment used on this contract that are owned or furnished by the Contractor.

F. Defect: A service output that does not meet the standard of performance associated with the requirements of this contract.

G. Government Furnished Property, Materials, Services/Utilities and Equipment: All property, materials, services/utilities and equipment used on this contract that are owned or furnished by the Government.

H. Performance Requirements: Tasks to be performed by the Contractor.

I. Performance Standard: The desired results, expressed by the Government, expected from performance of contract services, to satisfy the requirement.

J. Performance Requirements Summary Table (PRST): An outline of contract requirements that identifies the key service outputs of the contract that will be inspected or surveyed by the Government and related performance standards, method(s) of performance assessment and surveillance. Identifies the minimum frequency the Contractor shall perform a specified task or service and the associated acceptable quality level.

K. Project Manager (PM): A manager assigned by the Contractor to manage the project.

L. Quality Assurance: Those actions taken by the Government to assure services meet the acceptable quality level established by the contract between the Contractor and the Government.

M. Quality Assurance Surveillance Plan (QASP): An organized written, “living,” document outlining the Government’s methodology for monitoring the Contractor’s performance.

N. Quality Control Plan (QCP): A plan developed by the Contractor to ensure services are performed in accordance with the contract. This plan shall develop, and implement procedures to identify, prevent and ensure non-recurrence of defective or unacceptable services.

O. Qualified Biologist: A professional with a bachelor’s degree in Biology, Ecology, Botany, Environmental Science or closely related science field and a minimum of two years of experience performing wildlife and vegetation surveys.

4 Government Furnished Property, Materials, Services/Utilities and Equipment: No

Government furnished property, materials, services/utilities or equipment will be provided for work on this contract.

5 Contractor Furnished Property, Materials and Equipment: The Contractor shall provide all equipment, materials, tools, parts and services necessary to perform the requirements of this contract. The Contractor shall not use any material, which would be unsuitable for its purpose. All parts and materials used for the performance of this contract shall be of good quality and shall comply with State, Federal and local guidelines for safety and environment.

5.1 Vehicles and Heavy Equipment: Vehicles and heavy equipment shall be parked in an area designated by the COR and secured to prevent unauthorized movement during non-duty hours. No equipment shall be left with the motor running while unattended.

The Contractor shall report all spills of petroleum products in accordance with paragraph 2.8.6 of this PWS. Drip pans shall be placed under vehicles and heavy equipment while not in use. Equipment and operating procedures are subject to inspection and review by the COR.

5.2 Petroleum Storage Tanks: The Contractor shall supply all petroleum products required to perform the tasks listed in this PWS. No petroleum storage tanks may be staged onsite. The Contractor shall arrange for the delivery of all petroleum products from external sources as needed. The Contractor shall report all spills of petroleum products in accordance with paragraph 2.8.6 of this PWS.

6 Specific Task: This paragraph list specific tasks and services required to be performed by the Contractor (see Attachment 1—PRST).

6.1 Existing Condition: The existing rail spur heads are from the Arizona and California Railroad right of way. Roughly, 1,302 feet of track is within the site property line.

This consists of ballast, ties, tie plates, spikes and rails. A scale and pit consist of 42 feet, and old concrete dump pits, 30 feet, of the total on site track. Roughly, 550 feet of track was removed within the Railroad right-of-way, with only ballast remaining.

Topography is relatively flat with a slight gradient to the northwest. Surface water generally drains northwest towards the Centennial Wash, the final watershed of the Gila River.

6.2 Track work: The Contractor shall install a new turnout, and track within the railroad right-of-way into the existing rail spur, and connect this spur to the Arizona & California Railroad. This includes new ballast, ties, tie plates, spikes, joint bars, bolts, gauge bars and rail. The Contractor shall make the existing rail spur useable, by replacing any materials that are deficient, such as ballast, ties, tie plates, spikes. Repair of any washed out areas of roadbed.

6.3 Vegetation: The Contractor shall remove any large vegetation such as but not limited to trees and/or shrubs from existing rail bed, in accordance with Section 6.5, as applicable, and areas near where work will be conducted that may cause a fire hazard.

6.4 Wildlife: Flora and Fauna

6.4.1 Biological Survey: Prior to any work commencing on the site, the Contractor shall perform a biological survey of the project area for Sonoran Desert Tortoise (Gopherus Morafkai), Western Burrowing Owl (Athene Cunicularia Hypugaea), and Arizona state protected native plant species. The surveyed area shall include the railroad bed, areas immediately adjacent to the railroad bed (a minimum of 100 feet from the base of the embankment), and any areas at the project site that will be disrupted by project activities, including parking and equipment staging locations.

The biological survey shall identify any Sonoran Desert tortoises, tortoise sign (i.e.

scat, tracks, egg shell fragments), tortoise burrows, Western Burrowing owls, owl burrows, and Arizona state protected native plant species as defined and listed in the Arizona Native Plant Law (A.A.C. R3-3-1101 through R3-3-1111 and Appendix A) within the project area.

A qualified biologist(s), as defined in Section 3, with experience in Sonoran Desert tortoise and Western Burrowing owl survey methods and Arizona native plant identification, must conduct this survey.

The location of all tortoise burrows, owl burrows, and state protected native plant species shall be field marked and their location documented in a manner so as not to harm or harass the native species. The Contractor shall develop a written report to document the results of the biological survey. The written report shall include:

1) The survey methods for both flora and fauna species.

2) General description of the flora and fauna observed at the project site and weather conditions during the survey, documented in accordance with Attachment 4--Arizona Game and Fish Department (AGFD) Burrowing Owl Guidance.

3) Number and locations of all individual Sonoran Desert tortoises, tortoise sign, tortoise burrows, Western Burrowing owls (number adult owls, number juvenile owls), owl burrows, and state protected native plant species observed during the survey; survey transects and species locations recorded as UTMs (Universal Transverse Mercator map coordinates compatible with GIS and GPS systems) and documented on an aerial map.

4) Photo documentation of Sonoran Desert tortoise, Western Burrowing owl, and Arizona State protected native plant species findings.

5) Status and description of tortoise burrow (occupied vs. unoccupied) and potential for impact by project activities, if applicable.

6) Status and description of owl burrow (active, potentially active, inactive), including signs of burrow occupancy at entrance (pellets, feces/other ornamentation, feathers, prey remains, whitewash, etc.), and potential for impact by project activities, if applicable.

7) Completed AGFD Burrowing Owl Survey Report Form regardless of observation of burrowing owls or active/potentially active burrows.

8) The site locations where state protected native plant species will be relocated, if applicable.

9) The procedures that will be used to relocate the state protected native plant species, if applicable.

10) The credentials of the qualified biologist(s) performing the survey including documentation of AGFD burrowing owl survey protocol certification.

6.4.2 If Occupied Sonoran Desert Tortoise Burrows Are Identified: If occupied

Sonoran Desert tortoise burrows are identified, the Contractor shall have a qualified biologist onsite at those locations during all times when project activities are at or adjacent to the burrow.

The Contractor shall establish a 35-meter (100-foot) radius buffer around all occupied burrow entrances to exclude all heavy machinery, vehicle, and foot traffic.

The buffer shall be delineated in a manner that is visible during project activities but does not enclose the tortoises or prevent the tortoises’ ability to see nearby predators. If an occupied burrow is in jeopardy of destruction, the tortoise shall be relocated to the nearest appropriate alternate burrow or shelter, as determined by a qualified biologist, less than 48 hours in advance of the habitat disturbance to avoid return to the area.

The qualified biologist shall handle all tortoises in accordance with Attachment 5— Guidelines for Handling Sonoran Desert Tortoises, developed by the AGFD. At all other times, the Contractor shall retain the services of a qualified biologist who shall be called to the site if an individual tortoise or a previously unidentified burrow is observed in or near any project activity.

All Contractor employees shall be instructed by the Contractor not to harass, injure, or kill any tortoises. All Contractor employees shall be instructed to inspect the area near and under vehicles and equipment for desert tortoise prior to being moved and notify the supervisor if a tortoise is observed. The supervisor shall immediately cease all project activities, notify the COR, and contact the biologist for tortoise relocation. Once the tortoise has been removed, project activities may commence.

6.4.3 If Active or Potentially Active Western Burrowing Owl Burrows Are Identified: If active or potentially active Western Burrowing owl burrows are identified, the Contractor shall have a qualified biologist onsite at those locations during all times when project activities are at or adjacent to the burrow.

The Contractor shall establish a 35-meter (100-foot) radius buffer around all active burrow entrances to exclude all heavy machinery, vehicle, and foot traffic. The buffer shall be delineated in a manner that is visible during project activities but does not enclose the burrowing owls or prevent the owls’ ability to see nearby predators. If an occupied burrow is in jeopardy of destruction, the burrowing owl(s) will require translocation by experienced avian handlers holding the appropriate State and Federal permits.

The Contractor shall obtain the services of an individual and/or companies permitted by the U.S. Fish and Wildlife Service (USFWS) for the translocation of Western Burrowing owls and obtain the appropriate USFWS Migratory Bird Treaty Act (MBTA) permit for the project.

The Contractor shall retain the services of a qualified biologist who shall be called to the site if a burrowing owl or a previously unidentified burrow is observed in or near any project activity.

All Contractor employees shall be instructed by the Contractor not to harass, injure, or kill any burrowing owls. All Contractor employees shall be instructed to inspect the area near and under vehicles and equipment for burrowing owls prior to being moved and notify the supervisor if an owl is observed. The supervisor shall immediately cease all project activities, notify the COR, and contact the biologist.

Once a 35-meter (100-foot) radius buffer is established around the burrow, project activities may commence.

6.4.4 State Protected Native Plant Species: State protected native plant species as defined and listed in the Arizona Native Plant Law, including but not limited to all cacti, ocotillo, and native trees, shall be avoided to the extent practicable. After review and approval by the COR, the Contractor shall salvage and replant all state protected native plant species requiring removal from the project area in accordance with the written report and Arizona Native Plant Law.

The Contractor shall obtain any necessary permits, tags, seals; pay any necessary fees; and maintain recordkeeping for the salvaging of state protected native plant species. State protected native plant species shall be replanted within DLA right-of-way, and relocation activities shall occur prior to any activity commencing at the site.

The Contractor shall document and report any state protected native plant species damaged or destroyed during project activities to the COR and provide a copy of the state protected native plant species salvage records, including damaged or destroyed plants, to the COR.

6.4.5 Other Endangered Species and Migratory Birds: If any species listed as threatened or endangered under the Endangered Species Act of 1973, as amended, including but not limited to the Yellow-billed Cuckoo (Coccyzus Americanus) and the Northern Mexican Garter snake (Thamnophis eques megalops), are encountered during project activities, work will stop immediately. Immediate notification of threatened and endangered species will be made to the COR, and work will not commence until approved by the COR.

If any species protected under the Migratory Bird Treaty Act (MBTA) of 1918, as amended, including but not limited to the Costa’s hummingbird (Calypte Costae) and Gila woodpecker (Melanerpes Uropygialis), are encountered during project activities or nests are determined to be on the project site, a 35-meter (100-foot) radius buffer shall be delineated around the nest to exclude all heavy machinery, vehicle, and foot traffic. Immediate notification of migratory bird species will be made to the COR.

Attachment 6—The U.S. Fish and Wildlife Service IPaC Resource List documents other potential species of concern for the project area.

6.5 Cultural, Prehistoric, Historic, and Paleontological Artifacts and Objects: The Contractor’s actions which result in impact upon archaeological or historical resources, shall be subject to the provisions of the Archaeological Resources Protection Act of 1979, as amended, and the Federal Land and Policy and Management Act of 1976. As property of the United States, no person may, without authorization, excavate, remove, damage, or otherwise alter or deface any historic or prehistoric site, artifact, or object of antiquity located on public lands.

Immediate notification will be made to the COR if cultural resources (prehistoric/historic sites or objects) and/or paleontological resources (fossils) are encountered during project activities.

7 Applicable Attachments, Publications and Forms:

1. Attachment 1—Performance Requirements Summary Table (PRST)

2. Attachment 2—Quality Assurance Surveillance Plan (QASP)

3. Attachment 3—Government Inspection Report

4. Attachment 4—AGFD Burrowing Owl Project Clearance Guidance 2009

5. Attachment 5—Guidelines for Handling Sonoran Desert Tortoises

6. Attachment 6—U.S. Fish and Wildlife Service IPaC Resource List

7. Attachment 7—Wenden Site Satellite Image

Performance Requirements Summary Table (PRST)

Standard

PWS

Paragraph

Required Service (Task)

Action Minimum Frequency

Acceptable Quality Levels

Methods of Surveillance

Notes

6.2 Track work Install a new turnout, and track

within railroad right-of-way

Daily 100% Random

100%

6.2 Track work

Replace new track within the existing track

Daily 100% Random 100%

6.3 Vegetation Remove or transplant, as applicable

Daily 100% Random 100%

6.4 Biological Survey and

written report

Shall perform a biological survey of the railroad bed, areas immediately adjacent to the railroad bed, and any areas at the project site that will be disrupted by project activities

Daily 100% Random 100%

Attachment 1

QUALITY ASSURANCE SURVEILLANCE PLAN

(QASP)

Rail Spur Upgrade at Wenden, Arizona

Contract Requirement: Upgrade existing rail spur, and connect it to the Arizona & California Railroad main line, for the Defense Logistics Agency Strategic Materials Wenden located on US Highway 60, 2 miles east of Wenden, Arizona (Mile Marker 63) in La Paz County, as delineated in the Performance Work Statement (PWS) and Attachment 1—Performance Requirements Summary Table (PRST).

Work Requirements: Quality and Timeliness

Standards of Performance:

• Schedule work in accordance with paragraph 2.1.2 of the PWS.

• Develop and maintain effective project management in accordance with paragraph 2.2.1 of the PWS.

• Comply with Contractor Employees requirements in accordance with paragraph 2.2.2 of the

PWS.

• Comply with Quality Control Plan requirements in accordance with paragraph 2.3.2 of the

PWS.

• Comply with established environmental and safety requirements in accordance with paragraph 2.8 of the PWS.

• Provide all equipment, materials, parts, and services in accordance with paragraph 5 of the

PWS.

• The Contractor shall install, and repair track in accordance with paragraph 6.2 of the PWS and in compliance with the requirements listed in the Performance Requirements Summary Table (PRST) of this contract.

• Remove vegetation in accordance with paragraph 6.3 of the PWS and in compliance with the requirements listed in the Performance Requirements Summary Table (PRST) of this contract.

• Biological survey and written report.

Primary Method of Surveillance: 100% Inspection or Random Inspections

Frequency of Surveillance:

• The COR will perform random inspections in accordance with paragraph 2.4 of the PWS.

• At a minimum, the COR will perform inspections and complete Attachment 3—Government

Inspection Report, bi-weekly.

Acceptable Quality Level (AQL):

The AQL’s for the tasks listed in the “Standards of Performance” above are listed below:

• Schedule work AQL level 90%

• Develop and maintain effective project management AQL level 90%

Attachment 2

Attachment 2—QASP

• Comply with Contractor Employees requirements AQL level 100%

• Comply with Quality Control Plan requirements AQL level 100%

• Comply with established environmental/safety requirements AQL level 100%

• Provide all equipment, materials, parts, and services AQL level 100%

• All remaining tasks listed are at the AQL level listed in Attachment 1—PRST

Method of Surveillance: The method of surveillance will be 100% or random unless listed differently in Attachment 1—PRST.

Surveillance Procedures: 100% Inspections or Random inspections will be performed on scheduled task. There are no special procedures to be followed to initiate unscheduled inspections.

Evaluation Procedures: The COR will observe the selected task at any time they determine a need to inspect a task or notices a deficiency. Results of each inspection will be documented on Attachment 3— Government Inspection Report.

A “pass” or “fail” rating will be assigned to each task inspected based on the Performance Criteria listed below. A brief description of the inspection and observed defects will be recorded.

A “fail” rating may require contractor re-performance of task. The COR will ascertain whether documented deficiencies were corrected and processes implemented to ensure re-occurrence of the deficiency is prevented.

The Contractor is to comply with the QASP and the PRST once the Arizona California Railroad submits their inspection report. ARZC will submit their inspection report to the Government and to the Contractor; in the event of a deficiency, which would be a ‘fail’ rating, the Contractor will effectively remedy the issue. The railroad inspection report submitted with any deficiencies, that states the track is acceptable for use, will be used by the COR to identify items within the QASP and the PRST.

Invoices:

In the event a “fail” rating is assigned (see Attachment 2-QASP) as a result of inspections, further dialogue will be held in order to satisfactorily resolve the rating. In the extreme event of unsuccessful resolution, invoices may not be processed for payment until re-performance is completed and confirmed in writing by the COR based on the standards listed in the QASP. (See paragraph 2.9.1 of the PWS)

Performance Criteria:

• Each “Standards of Performance” requirement may contain several tasks. Each requirement will be evaluated based on individual tasks.

• At a minimum, the COR will inspect the following “Standards of Performance” bi-weekly; 1) Schedule work, 2) Develop and maintain effective project management, 3) Comply with Contractor Employees, 4) Comply with the Quality Control Plan ,5) Comply with established environmental/safety, 6) Provide all equipment, materials, and services and 8) two randomly selected tasks from the four (4) listed in “Perform the following specific vegetation removal and manganese consolidation.

Attachment 2—QASP

• A “pass” rating will be assigned to each task inspected that met or exceeded the established Acceptable Quality Level (AQL) for each “Standards of Performance” requirement evaluated.

• A “fail” rating will be assigned to each task inspected that fell below the established Acceptable Quality Level (AQL) for each “Standards of Performance” requirement evaluated. When a “fail” rating is assigned, all observed deficiencies must be documented on an “Inspection Report” (see attachment #1 to this QASP).

Analysis of Results:

• The COR will notify the Contractor within 24 hours each time a “fail” rating is assigned and discuss the basis for the rating.

• The COR will solicit the Contractor proposed corrective action(s) to preclude re-occurrence of the deficiency(s).

• Based upon the Contractor’s performance, the COR may recommend corrective action(s).

Subsequent inspections may be performed more frequently if deficiencies continue.

• The COR will document the results of each inspection using Attachment 3—Government Inspection Report. The COR will perform a minimum of one inspection bi-weekly.

PWS Paragraph 2.1.2 Develop & Comply with an Annual Work Schedule Schedule Work As Requird 100%

PWS Paragraph 2.2.1 Project Management Provide Management As Requird 100%

PWS Paragraph 2.2.2 License Requirements Satisfy As Required 100%

PWS Paragraph 2.3.2 Develop & Comply with Quality Control Plan Develop & Comply Daily 100%

PWS Paragraph 2.8 Report Hazardous Materials Provide SDS As Requird 100%

PWS Paragraph 4 Comply with GFP. Materials, Serv/utilities, Equip. Comply Annual 100%

PWS Paragraph 5 Provide equipment, materials, parts/servcs Use Perfered Products As Available 100%

PWS Paragraph 6.2 Install and repair track Comply and satisfy As Required 100%

PWS Paragraph 6.3 Remove Vegetation Comply and satisfy Daily 100%

PWS Paragraph 6.4.1 Biological Survey Report Provide Report As Required 100%

Contract Number: Dates of Inspection:

Wenden Rail Spur Upgrade in Wenden, Arizona

Contractor:

Minimum Frequency

AQL

Req'd

Quality Level

Performe

The COR will observe the selected service(s) at any time they determine a need to inspect a service or notices a deficiency. Results of each inspection will be documented on a “Government Inspection Report”. A “pass”, “fail” or “N/A” rating will be assigned to each service inspected. A "pass" rating will be assigned when the Contractor performs a rated service at or above the listed "Acceptable Quality Level (AQL)". A “fail” rating will be assigned when the Contractor performs a rated service below the listed "Acceptable Quality Level (AQL)". A brief description of the inspection and observed defects will be recorded. The COR will ascertain whether documented deficiencies were corrected and processes implemented to ensure re-occurrence of the deficiency is prevented. A “N/A” rating will be assigned when no work was required to be performed on a specific service. The COR will retain copies of each completed “Government Inspection Report” in the Contract COR File.

COR:

Contractor Sign/Date: COR Sign/Date:

Government Inspection Report

Contractor Remarks

COR Remarks/Notes

Rating See Note in Remarks

Standard Service Action

Attachment 3

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Attachment 4

BURROWING OWL PROJECT CLEARANCE GUIDANCE FOR LANDOWNERS

Arizona Burrowing Owl Working Group

INTRODUCTION

The western burrowing owl (Athene cunicularia) is one of the most interesting birds of prey in Arizona (Figure 1). Its species name, cunicularia, means “miner”, in reference to this owl’s unusual habit of spending time underground. It is also called the “rattlesnake owl”, because young burrowing owls make a buzzing sound that sounds like a rattlesnake when disturbed. Burrowing owls can be seen during daylight hours, and use underground burrows for nesting and escape cover. Despite the fact they are active during the day and are adaptable to human presence, the burrowing owl can go unnoticed in an area due to their secretive nature. Their use of burrows also makes them susceptible to impacts from ground disturbing activities.

Figure 1. Adult burrowing owl. Photo by Bruce Taubert.

Over the past 50 years, most burrowing owl populations have experienced declines throughout their range in North America. Because of this decline, these owls are protected by various Federal, state, and local laws. The burrowing owl is listed by the USFWS as a National Bird of Conservation Concern, listed as endangered in Canada, and threatened in Mexico. It is also listed as endangered, threatened, or a species of concern in 9 U.S. States. All owls in Arizona are protected federally by the Migratory Bird Treaty Act (MBTA) and Arizona state law (ARS Title 17). Violation of these laws, intentional or benign, may result in prosecution.

Burrowing owls are found in areas of Arizona where urbanization and other human activities are occurring. Arizona is one of the fastest growing states in the U.S., leading to frequent conflicts between burrowing owls and development. Owls can be affected by disturbance and habitat loss, even though there may be no direct impacts to the birds themselves or their burrows. There is often inadequate information about the presence of burrowing owls on a project site until ground disturbance is imminent. By then, it is too late to develop a solution that is helpful to the owls or the developer. These guidelines are intended to provide information and tools than can be applied when there is the potential for a project or action to adversely affect burrowing owls and the resources that support them. Each project and situation is different and should be evaluated for the tools and approach that is most effective in allowing a project to move forward while achieving burrowing owl conservation. These guidelines may not provide the necessary procedures for every project, and we encourage coordination with the agencies and entities listed in the Contact section of this document (Appendix A).

Arizona Game and Fish Department January 2009 Burrowing Owl Project Clearance Guidance for Landowners Page 3

BURROWING OWLS SURVEY PROTOCOL

This guidance was developed by State, Federal, and other burrowing owl experts to help individuals avoid violating the laws protecting burrowing owls. This effort will provide a standardized means for conducting burrowing owl surveys in areas where burrows are likely to be disturbed by projects that may displace them in order to minimize impacts to the owls.

This protocol involves visual surveying for owls and burrows using transects to look for occupancy and/or signs of occupancy. We recommended that only individuals with proper training and certification conduct the survey. This document will be revised as necessary, and updates will be provided to certified surveyors, along with any guidance related to maintaining certification. Updates to this document will also be made available to the public. To facilitate statewide burrowing owl management, we recommend that all survey areas, routes, times, and detections be reported to Arizona Game and Fish Department (AGFD) within 30 days of survey completion. If owls or active burrows are detected, coordination with the appropriate agencies prior to initiating ground-disturbing activity will facilitate compliance with the applicable laws (see Appendix A).

SUITABLE HABITAT

Burrowing owl nesting habitat typically consists of dry, treeless, short-grassland or prairie plains.

In the desert environment they nest in areas of short, open scrublands such as mesquite (Prosopis spp.), creosote bush (Larrea tridentate), rabbit-brush (Chrysothanmus nauseous), and four-wing saltbush (Atriplex canescens). They tend to be tolerant of human presence, and will nest in human-modified landscapes such as: abandoned lots within rapidly developing urban areas, airports, golf courses, agricultural fields, irrigation canals, storm drains, roadsides, and parking lots (Figure 2). In the western United States, burrowing owls do not dig their own burrows, and therefore depend on the presence of burrowing mammals. Throughout Arizona, burrowing owls are associated with Gunnison’s prairie dogs (Cynomys gunnisonii), American badgers (Taxidea taxus), ground squirrels (Spermophilus spp.), rock squirrels (Spermophilus variegatus), foxes (Vulpes spp.), and coyotes (Canis latrans). Therefore, any open grassland, scrubland, or park-like area devoid of dense tree cover and containing burrowing mammals or adequate artificial nest burrows (e.g., erosion channels or storm drain pipes) can represent adequate nesting, wintering or migratory habitat.

Figure 2. Natural burrow on a wash bank. Photo by Elissa Ostergaard.

Burrowing Owl Project Clearance Guidance for Landowners Page 4

SURVEYOR CREDENTIALS

Burrowing owl surveyors should have burrowing owl survey protocol certification (training provided by AGFD; see Website in Contacts below for next date and location) with appropriate documentation.

Completed burrowing owl survey reports provided to AGFD should include each surveyor’s certification. Certification will be awarded on an individual basis based on attendance at the training, and will not need to be renewed unless new information or conditions dictate substantial change to the survey protocol.

SURVEY TIMING

Burrowing owls are most likely to occupy breeding burrows between March and mid-July (Figure 3). While burrowing owl migration habits are not well documented, it is believed that owls in northern Arizona generally migrate south for the winter, whereas a larger proportion (12 to 61%; Conway and Ellis 2004) of owls in southern and western Arizona is thought to be non-migratory (Sheffield 1997).

We recommend that preliminary surveys be conducted at the time of property acquisition or before project design to allow time to properly accommodate or mitigate for owls, if present (Table 1). We recommend avoiding project initiation in March due to the possibility of new owls arriving during construction unless all suitable burrows were permanently closed by a properly permitted individual or group before project-related activities.

If owls or occupied burrows are detected within the construction area at any time during project implementation, burrows must be avoided (see below for buffer requirements) until: 1) status of the…