A1.13_Orchard_Removal_PWS_-_Rev_5-11-17_Redacted.pdf

PERFORMANCE WORK STATEMENT

Request for Proposal

HAMILTON CITY

Combined Ecosystem Restoration and Flood Risk

Management Project

PHASE 2A ORCHARD REMOVAL AND WEED

CONTROL CONTRACT

Glenn County, California

US ARMY CORPS

OF ENGINEERS

SACRAMENTO DISTRICT

TABLE OF CONTENTS

Page

1. Introduction………………………………………………………………..…………………….. 4

2. General Information………………………………………………..……………………………. 4

3. Background and Description.……………………………………………………………………. 4

4. Definitions………………………………………………………….……………………………. 5

5. Acronyms………………………………………………………….……………………………. 6

6. Submittals…… ……………………………………………………………………………. 7

7. Project Schedule…………………………………………………………………………………. 7

8. Description of Services………………………………………………………………………….. 8

9. Program Objectives……………………………………………………………………………… 8

10. Contract Objectives……………………………………………………………………………… 17

11. Standards of Employee Conduct……………………………………………………………….. 18

12. Parking Regulations……………………………………………………………………………. 18

13. Use of Mitigation Site Facilities……………………………………………………………….. 18

14. Coordination with Levee Construction ……………………………………………………... 19

15. Inspections……………………………………………………………………………………... 19

16. Supervision and Training………………………………………………………………………. 19

17. Safety Requirements……………………………………………………………………………. 20

18. Performance Evaluation Meeting………………………………………………………………. 21

19. Actions………………………………………………………………………………………….. 21

20. Contractor’s Quality Control Plan (QCP)………………………………………………………. 22

21. Contractor Quality Control (CQC)……………………………………………………………… 22

22. Historic Preservation……………………………………………………………………………. 24

23. Environmental Preservation………………………………………………………………… 24

24. Payment and Invoices…………………………………………………………………………… 24

25. Key Personnel…………………………………………………………………………………… 26

26. Authorities/Technical Direction………………………………………………………………… 28

27. Contracting Manpower Reporting …………………………………………………… 28

28. Attachments

• Pricing Schedule

• Target Project Schedule

• Attachment A – Performance of Work Requirement Summary

• Attachment B – Quality Assurance Surveillance Plan (QASP)

• Attachment C – Pricing Schedule

• Attachment D – Target Project Schedule

• Attachment E – Section 01 57 23 Temporary Storm Water Pollution Control

• Attachment F – Section 32 92 33 Grass Seeding and Erosion Control

• Attachment G – Section 32 07 07 Records and Reports

• Attachment H – Submittal Register

29. Exhibits (follows attachments)

• Exhibit A – Plans

PERFORMANCE WORK STATEMENT

HAMILTON CITY

Combined Ecosystem Restoration and Flood Risk Management Project

Points of Contact

Payment Questions: Direct payment questions to the COR

For prompt payment, submit invoices to all parties and follow the guidance provided in the Invoicing and Payment paragraph. Payment is NET 30 unless the contractor specifies prompt payment discount terms in the quote/proposal.

Incomplete or inaccurate invoices shall be returned to the contractor for revision.

1. INTRODUCTION:

This Performance Work Statement describes the basic objectives of orchard removal and weed control for phase 2A of the Hamilton City Combined Ecosystem Restoration and Flood Risk Management project. The performance-based service contract provides potential offerors the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the offeror’s understanding of all aspects of the effort to be performed by eliminating the “how to” instructions to accomplish the required effort normally contained in the State of Work that the Government traditionally provides to prospective offerors.

2. GENERAL INFORMATION:

Orchards in the project footprint will be removed and weed growth controlled for the period of performance. Design, plan, coordinate, organize, manage, and perform the activities described herein. Any clean up or remediation of contamination by hazardous or toxic materials encountered as an existing condition of the project site is not part of this contract.

3. BACKGROUND AND DESCRIPTION:

a. Background: Hamilton City currently is protected by a private levee that provides a low level of flood protection and does not meet current engineering standards for flood risk management levees. The project comprises a setback flood risk management levee combined with ecosystem restoration in the resulting flood plains. Existing orchards and crop fields within the new flood plain will be revegetated with native plants consistent with native vegetative habitat types that the floodplain lands will sustain naturally. This work is planned to be carried out in several phases.

b. Description: The work described herein is removal of orchards and subsequent weed control in those areas for phase 2A of the project described above. The revegetation described above will be carried out under a separate contract. The physical location and areas of orchard removal and weed control are shown in the attached drawings. All areas and quantities stated in this PWS and attachments and exhibits are based on estimated areas from aerial imagery, actual areas may vary. The Contractor must verify actual areas and quantities prior to making an offer.

No contract adjustment shall be made for variations between the estimated quantities provided herein and the actual quantities needed.

c. Ongoing Levee Construction: Construction of the project levee will be carried out under a separate contract. Construction of the levee is scheduled to start after August 31st 2017.

During this time the levee contractor will be constructing the new levee. Additionally, some areas of the orchard removal and weed control areas may be used for borrow and spoil by the levee contractor. The orchard removal contractor (this contract) must coordinate all activities with the Levee contractor for any activities occurring within the boundaries of the levee construction site during construction of the levee prior to the completion of the levee. The levee construction contractor is required to allow and provide an access route to the site for the purpose of carrying out the orchard removal and weed control. The orchard removal and weed control contractor must follow directions of the levee control contractor for coordination of traffic. The orchard removal contractor must follow the applicable safety rules in place for the levee construction contract when traversing through the levee construction site.

• See Exhibit A for site location drawings.

4. DEFINITIONS

• CONTRACTING OFFICER (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and finding on behalf of the Government. Note: The only individual who can legally bind the Government.

• CONTRACTING OFFICER’S REPRESENTATIVE (COR): An employee of the U. S.

Government appointed by the Contracting Officer to administer the contract. Such appointment will be in writing and state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding or schedule implications. This individual does NOT have authority to change the terms and conditions of the contract.

• CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

• DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

• DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

• MAINTENANCE ACCEPTANCE (MA): When all weed control maintenance requirements have been met, the final inspection has been completed and accepted, all reports have been received and accepted by the Government, and an acceptance in writing has been issued by the Government. This MA completes the establishment period.

• MAINTENANCE PERIOD (MP): Is the amount of time indicated to perform the required weed control. The MP begins when an ORA is issued and continues until the MP is accepted.

• GOVERNMENT: Referenced within this Performance Work Statement is the U.S.

Army Corps of Engineers, Sacramento District.

• ORCHARD REMOVAL ACCEPTANCE (ORA): When all the orchard removal and subsequent field leveling work requirements have been met by the Contractor and an approval in writing has been issued by the Government. This ORA starts the MP.

• ORCHARD REMOVAL PERIOD (ORP): Is the time duration from contract award in which all orchard removal and field leveling work tasks are implemented. The end of the ORP occurs when the Government issues an ORA in writing, which starts the MP.

• KEY PERSONNEL (KP): Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the key personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

• MAINTENANCE: Maintenance tasks include; mowing, herbicide spraying, erosion control repair, reseeding, Tasks that are generally performed during the MP.

• PERMISSIBLE EXPOSURE LIMIT (PEL): The maximum amount or concentration of a chemical that a worker may be exposed to under OSHA regulations.

• PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

• POINT OF CONTACT (POC): The person designated by the Contractor as the point of contact for specific matters.

• QUALITY ASSURANCE (QA): The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

• QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

• QUALITY CONTROL (QC): All necessary measures taken by the Contractor to assure that the quality of an end product or service meets contract requirements.

• SUBCONTRACTOR: One that enters into a contract with a prime Contractor.

• THRESHOLD LIMIT VALUE (TLV): The Threshold Limit Value of a chemical substance is the level to which it is believed a worker can be exposed day after day for a working lifetime without adverse health effects

• WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

• WORK WEEK: Monday through Friday, unless specified otherwise.

5. ACRONYMS

AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis APP Accident Prevention Plan BMP Best Management Practice (used in context of erosion control for compliance with stormwater pollution requirements) COR Contracting Officer Representative DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation GDA Government Designated Authority KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs

NOI Notice of Intent (California General Stormwater Construction Permit related) NOT Notice of Termination (California General Stormwater Construction Permit related) PEL Permissible Exposure Limit POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit TLV Threshold Limit Value

6. SUBMITTALS:

Provide all submittals to the COR. 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.

7. PROJECT SCHEDULE:

Develop a schedule and submit to the COR for approval. The schedule shall be submitted at the pre-work meeting or 30 calendar days from award of contract, whichever occurs first. Refer to Attachment D, Target Project Schedule. Provide Schedule in Excel spreadsheet format.

The work described herein encompasses three main time frames, which may overlap in some cases. The first main time period is the pre-work submittal phase. The second is the Orchard Removal Period (ORP), which includes the undertaking and completion of the orchard removal tasks. An Orchard removal Acceptance (ORA) will be given when ALL required orchard removal and pre-fieldwork items have been completed and accepted by the Contracting Officer.

The orchard removal acceptance in writing by the Contracting Officer starts the Maintenance Period (MP). The third time frame is the MP, which includes weed control, cleanup and submittals of all reports. The MP shall be from Orchard Removal Acceptance until 364 days from contract award. Three (3) additional optional years of Maintenance Periods may be exercised at the discretion of the Government in single year increments. Optional years of Maintenance Periods may be exercised at any time in the prior year of Maintenance Period or Optional Maintenance Period.

8. DESCRIPTION OF SERVICES:

Provide all necessary permits. Provide all labor, supervision, materials, equipment, tools, power and supplies necessary to remove existing orchard trees and control weed growth in the designated areas. Maintenance services shall include, among other things: mowing, herbicide spraying, record keeping and general cleanup. Make all necessary arrangements for electrical or mechanical power needed for completing the work. Current contracting regulations restrict service contracts to durations of 365 days or less for any given contract line item. Therefore the contract is broken into a base period and a number of optional periods that are 365 days or less in duration.

9. PROGRAM OBJECTIVES:

a. Manage the Orchard Removal and maintenance services described herein. Develop a “Performance Work Plan” that contains solutions to accomplish the objectives, as they are applicable to the services required in the Schedule. Use whatever method necessary to meet the objectives, as long as the end result satisfies the minimum acceptable levels (MAL) of performance as defined in the Performance of Work Requirements Summary contained in Attachment A and complies with the terms of the contract.

b. The work will be evaluated based on the Quality Assurance Surveillance Plan (QASP), see Attachment B. The QASP includes indicators of success for each of the performance objectives.

c. The work described herein applies to all project revegetation areas. Provide the following items, but not limited to:

i. Preparing and Submitting Pre-Work Plans: Prepare and submit all plans pertinent to the work required herein. All plans are subject to review by the Government and shall be revised by the contractor accordingly. At a minimum, provide the following:

• Project Schedule: Provide a detailed project schedule showing the timing and duration of all contract line items and any other necessary detail. Project schedule shall be kept up to date and an updated schedule shall be submitted every month with the Contractor’s invoice. Project schedule submitted with invoices shall show status of items as completed, in progress or not started.

Items in progress shall indicate percentage completion of that item.

• Quality Control Plan (QCP): The QCP shall list the project’s key design team members along with their functional discipline and state the risks inherent to the project. The QCP shall include an inspection plan covering all services required by this contact; on-site records of all inspections; and methods for identifying and preventing deficiencies in the quality of service performed. See section 21, herein, for more specific requirements.

• Accident Prevention Plan (APP): The Contractor shall prepare the written site-specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1 (2014). Cover all paragraph and subparagraph elements in Appendix A of USACE EM 385-1-1 "Minimum Basic Outline for Preparation of Accident Prevention Plan." Activity Hazard Analyses (AHAs) shall be appended to the APP. The APP shall be used for the project because it will present site specific hazards and provide site specific controls. Where a paragraph or subparagraph element is not applicable to the work to be performed indicate "Not Applicable" next to the heading. The APP shall be job-specific and shall address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor's overall safety and health program (SHP).

Any portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the "controlling authority" for all worksite safety and health of the subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The APP shall be signed in accordance with the requirements of EM 385-1-1, Appendix A.

o Activity Hazard Analysis (AHA) Appendix to the APP. The Contractor shall develop an Activity Hazard Analysis (AHA) for every operation involving site activities presenting hazards. The AHA(s) format shall be in accordance with Figure 1-2 of EM 385-1-

1. Subsequent AHAs shall be submitted as amendments to the APP.

The analysis shall identify and evaluate hazards and outline the proposed methods and techniques for the safe completion of each phase of work. At a minimum, the AHA shall define activity being performed, sequence of work, specific safety and health hazards anticipated, control measures (to include personal protective equipment) to eliminate or reduce each hazard to acceptable levels, equipment to be used, inspection requirements, training requirements for all involved, and the competent person in charge of that phase of work.

o For operations using chemicals containing 2,4-D, Sulfometuron, or any other chemicals which have TLVs, PEL standards, or other regulated standards based on known health hazards, a Health Hazard Control Program must be submitted to the COR and the Government Safety Officer. The Health Hazard Control Program shall address the requirements in EM 385-1-1 Section 06.A and be completed by a qualified Industrial Hygienist, or equivalent competent person in Industrial Hygiene operations.

o References. The Contractor’s APP Appendix and subsequent activities shall comply with the following referenced documents (most current version, to include changes, if different than the date referenced), at a minimum:

EM 385-1-1, USACE Safety & Health Requirements Manual, 30 November 14 Edition.

http://www.publications.usace.army.mil/Portals/76/Publicatio ns/EngineerManuals/EM_385-1-1.pdfTitle 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.

NIOSH/OSHA/USCG/EPA, Occupational Safety and Health Guidance Manual for Hazardous Waste Activities (October 1985).

American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2016).

Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders.

8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.

8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program. OSHA ancillary safety and health regulations governing certain aspects for this contract include:

Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)

The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147)

Proposition 65 (22 CCR Section 12000) Chemicals Know to the State to Cause Cancer or Reproductive Toxicity

Title 3 California Code of Regulations (CCR), Division 6, Pesticides and Pest Control Operations

• Injury and Illness Prevention Program (IIPP) The Contractor shall submit their corporate Injury and Illness Prevention Program (IIPP) for projects within the State of California The IIPP shall address all elements of Title 8 California Code of Regulations (CCR) Section 3203 and Section 1509. The IIPP shall be developed under the direct supervision of a qualified

SHM.

• Environmental Protection Plan (EPP): to include:

o A Temporary Work Facility Plan: showing locations of temporary excavation for roads, ingress/egress, material storage, structures, sanitary facilities, fence locations, signs, etc. Show proposed activity in each portion of the site and measures for marking the limits of use areas and areas to be preserved. List measures to be conducted to minimize the amount of mud transported onto paved public roads.

o A Spill Control Plan: including procedures, instructions, and reports to be used in the event of an unforeseen spill.

o A Historical Cultural and Biological Resource Plan: including identifying and protecting historical, archaeological and biological resources known to be on the project site. Identify required skilled personnel that will be performing and cultural or biological resource work. Provide any certifications or statement of qualifications required elsewhere in this PWS including but not limited to approvals by USFWS for work involving threatened or endangered species; or cultural resources. Include methods to assure the protection of known or discovered resources; cultural resources. The plan shall be in accordance with the programmatic agreement for cultural resources.

The programmatic agreement will be provided to the contractor after award of the contract.

o A Pesticide Treatment Plan: including target, dates, times, locations, pesticide trade names, EPA registration numbers, application rates, equipment used, management record keeping and reporting requirements. Update the pesticide treatment plan on a yearly basis and submit by January 15th of each calendar year during the life of the contract to the Government for review. The updated treatment plan shall take into account current climate conditions and current weed growth conditions at the project site. Submit the Pesticide Treatment Plan updates in electronic format. All herbicide application equipment shall be optimized to control drift and overspray, utilizing the best available technology to limit overspray.

o Traffic Control Plan: including advanced notification, warning signs, and physical monitoring and flagging controlling access to work areas. The Traffic Control Plan must also satisfy all relevant requirements for Traffic Control Plans required by EM 385-1-1. This plan also must be appended to the Accident Prevention Plan (APP) as required under EM 385-1-1 (2014).

• Performance Work Plan: Provide a work plan addressing the approach.

Describe all tasks as listed in the Performance Objectives and how each will be performed. Identify who will undertake the tasks, where the work will be done, what will be done, and task duration. Provide evidence of any required certification, training, or approvals for personnel. Update the work plan as needed on a monthly basis. Submit work plan updates in electronic format with monthly invoices.

• SWPPP (Storm Water Pollution Prevention Plan: Refer to section 9.c.iv and Attachment E.

ii. Monitoring for Cultural Resources: At least 48 hours prior to conducting any potentially ground disturbing activities, the Contractor shall notify the

Government provided archaeological monitor. If human remains are discovered in the course of work, all work within 100 feet of the discovery shall stop. If the archaeological monitor is not on-site, the contractor shall immediately contact the COR, the landowner, and the coroner. Work shall resume after receipt of written direction from the COR. If the archaeological monitor identifies potentially significant archaeological material in the course of work, all work within 100 feet of the discovery shall stop while the Corps evaluates and treats the find, as appropriate. Treatment may entail avoiding the discovery or modifying planting methods to minimize impacts. Work shall resume only after receipt of written direction from the COR.

iii. Coordinating with Ongoing Farm Operations: Farm operation within the revegetation project limits will cease by October 1, 2017. However adjacent properties will continue to be farmed. The contractor shall avoid negative impacts arising from contract activities to farms and farm operations in the vicinity of the project site. Removal of orchards may commence as soon as all pre work submittals are approved and orchard operations have ceased.

iv. Preparing SWPPP and Installing BMPs: Work under this contract will disturb greater than one acre of land. Obtain coverage under the California State Water Resources Control Board Construction Activities Storm Water General Permit Order No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006- DWQ (CGP). The contractor shall be the Legally Responsible Person (LRP) for storm water permits.

Preliminary risk calculations indicate that the site falls under Risk Level 2.

• Follow Attachment E 01 57 23.02 Temporary Storm Water Pollution Control Risk Level 2

• The risk level is influenced by the contractor’s anticipated dates of disturbance and site stabilization window. The stabilization timeframes may be influenced by seeding schedule as indicated in the project schedule. Re-calculate risk level’s based on the Contractor’s anticipated start dates of construction at each site and anticipated date of stabilization.

• Work at each site shall not commence until the Permit Registration Documents are electronically filed and a WDID number is received from the State Water Board.

• Collect pre-project photographs of all sites and identify photograph site location.

• Each site (regardless of risk level or permit status) shall include the following minimum BMPs during work activities. Minimum BMPs include but are not limited to:

o perimeter protection along all drainage canals; (SE-1, SE-5, and/or

EC-9)

o stabilized work entrance/exit; (TC-1) o stockpile management, (WM-3) o waste management, (WM-1, WM-4, WM-9) o good housekeeping, (NS-6, NS-7, NS-8, NS-9, NS-10) o preservation of existing vegetation (EC-2) o tracking control; (SE-7) o dust control (WE-1) o Refer to Attachment E and F for required BMPs.

• BMPs shall follow their manufacturer’s instructions and conform to BMP fact sheets outlined in the California Storm Water Quality Association (CASQA) BMP Handbook.

• Do not perform soil disturbing activities including but not limited to clearing, grubbing, disking, and land leveling when the wind speed is over 15 mph.

• As construction finishes follow the Notice of Termination (NOT) guidelines outlined in the attachments and terminate coverage. The site shall not pose any additional sediment discharge risk than it did prior to the commencement of construction.

Temporary Storm Water Permit Related Submittals

• Below are the required submittals in relation to temporary storm water pollution control. Details can be found in Attachment E. Separate sets of submittals are required for each site. Digital submittals are preferred over paper copies.

o Storm Water Pollution Prevention Plan (SWPPP) - Government Approval Required o Permit Registration Documents (PRDs) - Government Approval Required o BMP Product Data o SWPPP Amendments o Sampling Results o Numeric Action Level (NAL) Exceedance Reports o Rain Event Action Plans (REAPs) o Inspection Reports (Weekly, prior to forecast rain, daily during Rain Events, and once following rain events) o Annual Report o Post Construction Storm Water Management Plan– Government Approval Required o Final SWPPP – Government Approval Required o NOT (Notice of Termination) Application – Government Approval Required

• See Attachment E Temporary Storm Water Pollution Control Risk Level 2.

v. Inspecting/Sampling & Reporting SWPPP Compliance: Comply with all CGP requirements; including performing inspections, taking samples and reporting results until a NOT has been issued NOT shall receive Government Approval prior to submission to the State Water Resources Control Board.

Perform all work necessary to file and obtain NOT acceptance from RWQCB.

vi. Controlling Air Quality: The Contractor will ensure that any source dust or fumes in total quantities do not exceed the amounts allowed by the Glenn County Air Pollution Control District. BMPs would be implemented to ensure that fugitive dust associated with the trenching activities is contained. Burning of orchard debris is not permitted.

• Staging Area Setup: Setup the staging areas that shall contain all appropriate temporary facilities needed to install and maintain the project, include at a minimum, storage bins, temporary fencing to protect the staging area from public access, drinking water and sanitation stations.

• Protect Existing Native Vegetation: Do not disturb existing native vegetation in areas adjacent to and within the Orchard Removal and weed control areas. These areas consist of former orchards and row crop fields.

Refer to section 24 of this PWS.

• Work Sign Installation: Install work signs at the main entrances to the project site. Signs shall include project identification, contract agency name, Contractor name and contact information, State wage rates, EEO and project health and safety requirements. All posts shall be provided on a 4 feet by 8 feet face, supported by two 4”x4” diameter posts. Signs shall be neat, legible and have a professional appearance. Signs shall be durable and shall last for the length of the installation and establishment periods (4 years). Wage rates, EEO and other information posted on the sign on printed paper shall be protected from the elements by covering with clear glazing. Contractor shall be responsible for design of signs.

Work signs shall include the names of the cooperating agencies as follows:

U.S. Army Corps of Engineers, Sacramento District

Reclamation District 2140

• See Exhibit A for site locations drawings.

vii. Orchard Removal: Remove trees in designated areas covering approximately

93 acres, refer to exhibit A, Plans. The contractor must remove all remaining rootballs and stumps, within the planting zones. Legally, dispose of all debris generated from orchard removal including wood, rootballs, roots, pipe and other irrigation equipment. Burning of debris is not permitted.

1. Remove tree rootballs and roots sufficiently to allow full and efficient field leveling and soil preparation activities to be carried out. Remove any existing irrigation infrastructure as necessary to complete any of the work described herein. Protect all existing wells and equipment associated with the wells.

2. Removal of trees suitable for bird nesting requires surveying. Survey any trees scheduled for removal between February 1st and September 31st for migratory birds. Perform the survey between February 1, and September 31st of the same year the trees are removed to verify the absence or presence of occupied bird nests no more than 24 hours prior to removing the vegetation. Provide a USFWS approved monitor for compliance with the Migratory Bird Treaty Act for this survey. If an occupied nest is discovered, delay tree removal until the hatchlings have fledged. Conduct Raptor nest surveying and monitoring if appropriate nesting habitat exists in the vicinity of tree removal.

3. Confine to the maximum extent practicable, all tree removal to areas outside of potential nesting and foraging habitat for the yellow-billed cuckoo. Avoid construction in areas within 300 feet of potential nesting habitat during the period from June 1 through September 30.

Remove trees to the maximum extent practicable, between October 1 and June 1. If construction must occur between June 1 and September 30, conduct surveys to determine if yellow-billed cuckoos are nesting within 300 feet of construction activities. Provide a USFWS approved monitor for yellow billed cuckoo for compliance with the Endangered Species act for this survey. If a nest is found, avoid that area until the young have fledged the nest.

viii. Orchard Removal in soil disturbance avoidance areas: In the approximately 38 acres of soil disturbance avoidance areas, cut trees down such that they will not be a safety hazard from falling limbs, toppling or tripping. The contractor shall cut the tree flush with the soil. The contractor shall not dig or otherwise disturb the soil within these areas during this operation. The contractor shall be responsible for marking or otherwise assuring that the cut tree stumps do not damage the contractor’s equipment. The marking method must not disturb the soil, nailing a stake or other type of marker stake to some of the cut stumps is suggested as one method of marking. Legally, dispose of all felled trees from orchard removal in soil disturbance avoidance areas. Burning of felled trees is not permitted.

ix. Preparing Soil: Mow fields with vegetation over 6” in height prior to soil preparation. Disk the entirety of each planting field to a minimum depth of 6”.

Orchard Removal areas are approximately 197 acres, not including the 66 acres of Soil Disturbance Avoidance areas. Perform at least two passes with a disc in different directions. . Level the fields sufficiently to remove craters from tree rootball removal. Remove residual roots and irrigation pipe from orchard removal areas brought up by orchard removal and soil preparation activities.

Resultant finished soil preparation shall be free of roots, rocks and other debris that would hinder spraying or mowing. In all soil preparation areas, finish grade so that it is even with the adjacent land, and the finished grade does not impede water drainage

x. Preparing Soil in Soil Disturbance Avoidance Areas: The contractor shall not rip, disk or otherwise disturb the soil in soil disturbance avoidance areas.

xi. Weed Control: Weed control shall consist of mowing and herbicide application.

Apply herbicide per Pesticide Treatment Plan. Herbicides shall be used for listed uses only. Herbicide use shall conform to all applicable regulations. Herbicides may be non-selective such as Glyphosate, or glufosinate-ammonium; selective, such as 2,4,D, bromoxynil, metsulfuron, sulfometuron, or pendimethalin; or pre-emergent, such as Isoxaben, Trifluralin, Oxyfluorfen, or Oryzalin as required. A number of weed species present in the project area including Italian rye have developed resistance to Round-up (Glyphosate) herbicide. Select herbicides to provide adequate control of resistant weed species. Coordinate weed control efforts with erosion control needs, timing herbicide applications to allow sufficient weed growth to provide adequate erosion protection. Do not use pre-emergent herbicides prior to sufficient numbers of weeds germinating to provide adequate erosion protection when grown to 4-6” in height. Select herbicides based on timing, weed species to be controlled and weather. The Contractor is responsible for any mowing needed to make herbicide application effective and to prevent dead weeds from being a fire hazard. Weed Control shall include the following tasks:

1. Pre-Orchard removal mowing. Prior to orchard removal, If needed mow the orchard removal to facilitate orchard removal. Mowing prior to orchard removal is at the contractor’s discretion.

2. Post Orchard Removal weed control. After orchard removal, mow or spray herbicide as needed to prevent weeds from growing to more than 12” in height within the approximately 226 acres of designated weed control areas.

3. Allow sufficient growth of weeds to prevent soil erosion.

xii. Road Maintenance: Control weeds on roads and roadside ditches with herbicide. Do not allow any weeds to exceed 6” in height. Do not apply herbicide to any native vegetation, such as oak trees, cottonwoods, elderberries growing along roads or in or near roadside ditches. Ensure that such vegetation is not damaged by herbicide spraying by controlling herbicide overspray, drift and volatilization by utilizing equipment, herbicides and spraying methods that reduce these hazards. Leave adequate unsprayed buffer area around such vegetation to prevent damage.

1. Herbicide application: All spraying shall be performed by a certified applicator for the type of herbicide used. Provide herbicide product data to COR for review prior to work. Refer to Attachment H-Submittal Register.

xiii. Preparing Records and Reports: Prepare monthly records. Records and reports shall be in accordance with Attachment G Records and Reports. All submittals shall be submitted as drafts and shall receive the Government’s approval, prior to printing and submitting the final reports.

• Prepare monthly activity records, one for each month during the installation and establishment periods. Document general site conditions, monthly precipitation totals, personnel performing work, plant health, watering, weeding, mowing and spraying dates performed. Documented spraying events shall include identifying what plant species are targeted, where herbicides were applied, type of herbicides, application rate and the total amount used. Monthly activity records shall include monthly work plan updates and monthly Pesticide Treatment Plan updates. Submit the monthly activity record with each invoice.

xiv. Restoring and Cleaning up the Site: Continuously during the contract period, perform the following tasks: discard all removed material and trash and dispose of at an approved disposal facility. At end of Orchard Removal period, remove staging area improvements. Restore staging area by stabilizing with vegetation per SWPPP requirements. Final clean-up at the end of the contract includes removal of any safety fencing, and erosion control BMP’s that have not biodegraded.

10. CONTRACT OBJECTIVES:

a. To use an innovative and creative technical approach to removing orchards, disposing of the removed trees and controlling weeds.

b. To propose a business solution using performance based contracting techniques with incentives designed to reward superior performance.

c. Specifically establish a performance plan focusing on criteria such as complying with environmental requirements, controlling weed growth, removing contractor generated trash and debris. The plan will include a performance work schedule, list of materials, labor and a quality control plan to monitor the contractor’s performance in meeting the goals.

d. The minimum life of the contract will be one base period. The maximum life of the contract, including any Options, shall not exceed 730 days.

11. 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.

a. Be properly equipped at all times with personal protective and safety equipment. Hard hats and steel-toed shoes will be required in accordance with OSHA requirements.

Contractor employees will maintain personal hygiene.

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

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

d. Possession of weapons is prohibited.

12. PARKING REGULATIONS:

Contractor employees may park privately owned vehicles in the area designated for parking by the Contracting Officer (KO). Ensure employees park in the appropriate designated parking areas. The Government will not invalidate or make reimbursement for parking violations under any conditions.

13. USE OF SITE FACILITIES:

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

b. The Government will not furnish a storage building at the site. However, the Government will provide an area designated for the Contractor’s use. The Contractor may establish facilities to include, but not limited to covered storage, etc on or in the designated area after such facilities are approved by the KO. Provide all utilities to this area. The Government will not be responsible for any damage to or loss of equipment and supplies stored on the Government’s premises. Maintain fire extinguishers and other safety equipment responsibly.

c. Safely store any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturer’s recommendations. A SDS (Safety Data Sheet) is required for all chemicals, pesticides, herbicides and cleaning solutions.

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

14. COORDINATION WITH LEVEE CONSTRUCTION

Construction of the Phase 2A levee for the Hamilton City Combined Ecosystem Restoration and Flood Risk Management Project under a separate contract will be underway. Levee construction is projected to commence in September 2017 and be completed by the end of June 2017. Load limits on the completed levee crossing are standard loads including standard loads for 40 ton semi-trucks. Standard loads for Canal Road must not be exceeded. During the time that the phase 1 levee construction is ongoing, coordinate all activity within the project limits with the levee construction contractor through the Corps of Engineers construction office.

Coordinate all herbicide application with the Corps of Engineers construction office, avoiding application that will impact construction activities. Contact shall be made through the Corps of Engineers Construction Engineer:

Kimberly Woolf Valley Resident Office 2021 Jefferson Blvd.

West Sacramento, CA 95691 916-373-1617 x306

Kimberly.d.woolf@usace.army.mil

15. INSPECTIONS:

a. Perform inspections of the site as needed, at a minimum of quarterly throughout the year and monthly from February to May. During this inspection weed growth on the site will be observed, and any deficiencies noted within the scope of the contract will be corrected as soon as practicable. Items that need correcting outside the scope of the contract will be reported to the COR.

b. Submit monthly activity reports and work accomplished to the COR monthly along with the invoice. The COR is located at the US Army Corps of Engineers, Sacramento District. The inspection form outline is provide at the end of Attachment G.

16. SUPERVISION AND TRAINING:

a. Provide a supervisor who speaks fluent English on site at all times.

b. 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.

c. 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:

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

ii. 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.

iii. 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. All staff, including subcontractors, involved with all phases of installation and maintenance activities shall attend elderberry shrub/longhorn beetle, yellow-billed cuckoo awareness and snake awareness training in order to be proactive and minimize effects to listed species.

e. All staff, including subcontractors, involved with all phases of installation and maintenance activities shall view iWatch training available at the following internet address: https://www.youtube.com/watch?v=vlzYhQp7fPw

17 . SAFETY REQUIREMENTS:

https://www.youtube.com/watch?v=vlzYhQp7fPw%20

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.

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 KO, that is accessible and includes all mandatory information for employee and visitor review. 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.

Keep the work areas closed off to unauthorized personnel and perform all project associated activities without damaging or contaminating adjacent work and areas. Where such work or areas are damaged or contaminated, restore work and areas to their original condition at no cost to the Government.

Report all accidents to the Safety Office through the Technical POC, within the same shift during which the accident(s) occur, as soon after the accident as is practical. Fill out 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 after an accident. 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 will occur if things are left in place.

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 where required 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.

Ensure, via the SSHO, the requirements of EM 385‐1‐1 section 1 and 29 CFR 1926.16 are met for the Project. SSHOs shall be a full‐time responsibility, except during the Maintenance Phase (MP) of the contract. A dual hatted SSHO is allowed during the MP. It is acknowledged that USACE will hold the Contractor accountable for its safety and health performance.

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. Provide proper credentials of the Competent Persons(s) to the Contracting Officer/Administrative Contracting Officer for acceptance in consultation with the Safety Office prior to start of the project.

The design should have identified materials such as PCB, lead paint, asbestos and other OSHA regulated chemicals (i.e. 29 CFR Part 1910.1000). If any material, not indicated, that may be hazardous to human health upon disturbance during operations is encountered, stop that portion of work and notify the COR immediately.

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.

Use a qualified person to prepare the written site‐specific Accident Prevention Plan (APP).

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. Use the AHA during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls.

18. PERFORMANCE EVALUATION MEETING:

a. The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting among the Contractor, Contracting Officer (KO), and the Contracting Officer’s Representative (COR). A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, KO, and the COR will sign minutes of the meeting(s).

b. Should the Contractor not concur with the minutes, he/she shall state in writing to the Contracting Officer within ten calendar days any areas he/she does not concur and explain the reasons for non-concurrence.