A1.13_PWS_Phase2A_09AUG2017.pdf

PERFORMANCE WORK STATEMENT

HAMILTON CITY

Combined Ecosystem Restoration and Flood Risk Management Project

PHASE 2A ORCHARD REMOVAL AND WEED CONTROL

Glenn County, California

August 9, 2017

US ARMY CORPS

OF ENGINEERS

SACRAMENTO DISTRICT

TABLE OF CONTENTS

Page

1. Introduction………………………………………………………………..…. 3

2. General Information………………………………………………..………… 3

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

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

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

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

7. Project Schedule………………………………………………………………. 6

8. Description of Services……………………………………………………… 6

9. Program Objectives…………………………………………………………… 6

10. Contract Objectives………………………………………………………….. 16

11. Standards of Employee Conduct……………………………………………16

12. Parking Regulations…………………………………………………………..16

13. Use of Site Facilities………………………………………………………… 17

14. Coordination with Levee Construction ………………………………... 17

15. Inspections…………………………………………………………………... 17

16. Supervision and Training…………………………………………………… 18

17. Safety Requirements…………………………………………………………18

18. Performance Evaluation Meeting…………………………………………. 20

19. Actions……………………………………………………………………….. 20

20. Contractor’s Quality Control Plan (QCP)…………………………………. 21

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

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

23. Environmental Preservation……………………………………………….. 22

24. Payment and Invoices……………………………………………………… 23

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

26. Authorities/Technical Direction…………………………………………… 27

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

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

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 shall 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 is currently 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 shall 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 shall verify actual areas and quantities prior to submitting a proposal.

c. Ongoing Levee Construction: Construction of the project levee shall be carried out under a separate contract. Construction of the levee is scheduled to start after August 31st 2017. During this time, the Levee Construction 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 Construction Contractor.

The Contractor for the orchard removal (this PWS) shall coordinate all activities with the Levee Construction 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 shall 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 shall follow directions of the Levee Control Contractor for coordination of traffic. Orchard Removal and Weed Control Contractor shall follow the applicable safety rules in place for the levee construction contract when traversing through the levee construction site.

d. See Exhibit A for site location drawings.

4. DEFINITIONS

a. CONTRACTING OFFICER (KO): A person with authority to enter into, modify, administer, and terminate contracts, and make related determinations and finding on behalf of the Government. Note: This is the person with the authority able to legally bind the Government.

b. 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 and limitations of authority. This individual has authority to provide technical direction to the Contractor 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.

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

d. DEFECTIVE SERVICE: A service output below the standard of performance associated with the Performance Work Statement.

e. DELIVERABLE: Anything that is able to be physically delivered, including items such as meeting minutes or reports.

f. 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.

g. 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.

h. GOVERNMENT: Referenced within this Performance Work Statement is the U.S. Army Corps of Engineers, Sacramento District (USACE-SPK or (CE-SPK).

i. ORCHARD REMOVAL ACCEPTANCE (ORA): When all the orchard removal and subsequent field leveling work requirements have been met by the Contractor and a written approval has been issued by the Government. The ORA starts the MP.

j. 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.

k. KEY PERSONNEL (KP): Contractor personnel evaluated in a source selection process and may be required during the performance of a contract by the key personnel listed in the PWS. When key personnel is an evaluation factor in a best value tradeoff, an offer may be rejected if it does not demonstrate a firm commitment from the persons listed in the proposal.

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

MP.

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

n. PHYSICAL SECURITY: Actions to prevent the loss or damage of Government property.

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

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

q. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document specifying the surveillance methodology for surveillance of Contractor performance.

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

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

t. 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

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

v. 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 storm water 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 Storm water Construction Permit related)

NOT Notice of Termination (California General Storm Water 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

All submittals shall be provided to the COR. Any other submittal shall be provided to any other Government Designated Authority as noted for each submittal. All submittals shall be provided in electronic format. Submittal by e-mail is acceptable. Where email attachments exceed the size limits, the Contractor shall provide the submittal via FTP site, or by mailing CD’s, DVD’s or Blue Ray discs. Submittals delivered on discs shall be placed on media of appropriate capacity to avoid single files spanning multiple discs. Thumb drives, flash drives and other such removable media shall not be used on any USACE computer systems and shall not be accepted as submittals. Refer to the submittal requirements for software and file type.

7. PROJECT SCHEDULE

The Contractor shall develop and submit a schedule to the COR for approval. The schedule shall be submitted at the pre-work meeting or 30 calendar days from date of contract award, whichever is sooner. Refer to Attachment D, Target Project Schedule.

The Contractor shall provide a Schedule in Excel spreadsheet format.

7.1 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 Government. The Government’s written acceptance of orchard removal 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

The Contractor shall provide all necessary permits. The Contractor shall 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, and are not limited to mowing, herbicide spraying, record keeping and general cleanup. The Contractor shall make all necessary arrangements for electrical or mechanical power needed for completing the work.

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 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. The Contractor shall 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, the Contractor shall provide the following:

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

Items in progress shall indicate the percentage of completion of that item.

b) Quality Control Plan (QCP): The QCP shall list the project’s key design team members 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 PWS; 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.

c) Accident Prevention Plan (APP): The Contractor shall prepare a 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 shall 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 shall be 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 accident prevention responsibilities are carried out. The APP shall be signed in accordance with the requirements of EM 385-1-1, Appendix A.

A. 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.

B. 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 shall 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 shall be completed by a qualified Industrial Hygienist, or equivalent competent person in Industrial Hygiene operations.

C. 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:

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

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

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

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

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

6. 8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.

7. 8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program. OSHA ancillary safety and health regulations governing certain aspects for this contract include:

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

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

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

11. The Control of Hazardous Energy (Lockout/Tagout) (29

CFR 1910.147)

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

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

d) 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.

e) Environmental Protection Plan (EPP) to include:

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

B. A Spill Control Plan: This plan shall include procedures, instructions, and reports to be used in the event of an unforeseen spill.

C. A Historical Cultural and Biological Resource Plan: This plan shall include identifying and protecting historical, archaeological and biological resources known to be on the project site. Identify required skilled personnel performing 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 biological or 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.

D. A Pesticide Treatment Plan: This plans shall include 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 an annual basis and submit to the Government for review by January 15th of each calendar year during the period of performance of the contract. The updated treatment plan shall take into account current climate conditions and current weed growth conditions at the project site. The Contractor shall 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.

E. Traffic Control Plan: The Contractor shall provide a plan which provides for an including advanced notification, warning signs, and physical monitoring and flagging controlling access to work areas. The Traffic Control Plan shall satisfy all relevant requirements for Traffic Control Plans required by EM 385-1-1.

This plan shall be appended to the Accident Prevention Plan (APP) as required under EM 385-1-1 (2014).

f) Performance Work Plan: The Contractor shall provide a work plan addressing the approach. Describe all tasks as listed in the Performance Objectives and how each will be performed. Identify who shall undertake the tasks, where the work shall be done, what shall be done, and task duration. Provide evidence of any required certification, training, or approvals for personnel. The Contractor shall update the work plan as needed on a monthly basis. The Contractor shall submit work plan updates in electronic format with monthly invoices.

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

ii. Monitoring for Cultural Resources: The Contractor shall notify the Government provided archaeological monitor no fewer than 48 hours prior to conducting any potentially ground disturbing activities. 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 Government evaluates and treats the find, as appropriate. Treatment may entail avoiding the discovery or modifying planting methods to minimize impacts. Work shall only resume 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 shall commence as soon as all pre work submittals are approved and orchard operations have ceased.

iv. Preparing SWPPP and Installing Best Management Practices (BMPs): Work under this contract will disturb greater than one acre of land. The Contractor shall 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 the site falls under Risk Level 2.

h) Follow Attachment E 01 57 23.02 Temporary Storm Water Pollution Control Risk Level 2.

i) 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.

j) 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.

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

l) 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:

A. perimeter protection along all drainage canals; (SE-1, SE-5, and/or EC-9) B. stabilized work entrance/exit; (TC-1) C. stockpile management; (WM-3) D. waste management; (WM-1, WM-4, WM-9) E. good housekeeping; (NS-6, NS-7, NS-8, NS-9, NS-10) F. preservation of existing vegetation; (EC-2) G. tracking control; (SE-7) H. dust control; (WE-1) I. Refer to Attachment E and F for required BMPs.

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

n) 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.

o) 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.

v. Temporary Storm Water Permit Related Submittals

a) Below are the required submittals in relation to temporary storm water pollution control. Details are available in Attachment E.

Separate sets of submittals are required for each site. Digital submittals are preferred over paper copies.

A. Storm Water Pollution Prevention Plan (SWPPP) - Government Approval Required

B. Permit Registration Documents (PRDs) - Government Approval Required

C. BMP Product Data D. SWPPP Amendments E. Sampling Results F. Numeric Action Level (NAL) Exceedance Reports G. Rain Event Action Plans (REAPs)

H. Inspection Reports (Weekly, prior to forecast rain, daily during Rain Events, and once following rain events)

I. Annual Report J. Post Construction Storm Water Management Plan–

Government Approval Required K. Final SWPPP – Government Approval Required L. NOT (Notice of Termination) Application – Government

Approval Required

b) See Attachment E Temporary Storm Water Pollution Control Risk

Level 2.

vi. Inspecting/Sampling & Reporting SWPPP Compliance: The

Contractor shall 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 Quality Control Board. Perform all work necessary to file and obtain NOT acceptance from SWRQCB.

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

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

q) Protect Existing Native Vegetation: The Contractor shall 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 23 of this PWS.

r) Work Sign Installation: The Contractor shall Install work signs at the main entrances to the project site. Signs shall include project name, 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

s) See Exhibit A for site locations drawings.

viii. Orchard Removal: The Contractor shall remove trees in designated areas covering approximately 93 acres, refer to exhibit A, Plans. The contractor shall remove all remaining rootballs and stumps, within the planting zones. The Contractor shall 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. The Contractor shall 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.

The Contractor shall survey any trees scheduled for removal between February 1st and September 30 for migratory birds.

The Contractor shall perform the survey between February 1, and September 30 of the same year the trees are removed to verify the presence or absence of occupied bird nests no more than 24 hours prior to removing the vegetation. The Contractor shall provide a USFWS approved monitor for compliance with the Migratory Bird Treaty Act for this survey. If an occupied nest is discovered, tree removal shall be delayed until the hatchlings have fledged. The Contractor shall conduct Raptor nest surveying and monitoring when appropriate nesting habitat exists in the vicinity of tree removal.

3. The Contractor shall confine, to the maximum extent practicable, all tree removal to areas outside of potential nesting and foraging habitat for the yellow-billed cuckoo. The Contractor shall avoid construction in areas within 300 feet of potential nesting habitat during the period from June 1 through September 30. The Contractor shall remove trees to the maximum extent practicable, between October 1 and June 1.

If construction must occur between June 1 and September 30, the Contractor shall conduct surveys to determine if yellow-billed cuckoos are nesting within 300 feet of construction activities. The Contractor shall provide a USFWS approved monitor for yellow billed cuckoo for compliance with the Endangered Species Act for this survey. If a nest is found, the Contractor shall avoid that area until the young have fledged the nest.

ix. Orchard Removal in soil disturbance avoidance areas: In the approximately 38 acres of soil disturbance avoidance areas, cut trees down such that they shall 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 shall 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. The Contactor shall legally dispose of all felled trees from orchard removal in soil disturbance avoidance areas. Burning of felled trees is not permitted.

x. Preparing Soil: The Contractor shall mow fields with vegetation over 6” in height prior to soil preparation. The Contractor shall 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. The Contractor shall perform at least two passes with a disc in different directions. The Contractor shall level the fields sufficiently to remove craters from tree rootball removal. The Contractor shall remove residual roots and irrigation pipe from orchard removal areas brought up by orchard removal and soil preparation activities. The Contractor shall ensure resultant finished soil preparation shall be free of roots, rocks and other debris that would hinder spraying or mowing. In all soil preparation areas, the Contractor shall finish grade so that it is even with the adjacent land, and the finished grade does not impede water drainage.

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

xii. Weed Control: Weed control shall consist of mowing and herbicide application. The Contractor shall 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. The Contractor shall select herbicides to provide adequate control of resistant weed species. The Contractor shall coordinate weed control efforts with erosion control needs, timing herbicide applications to allow sufficient weed growth to provide adequate erosion protection. The Contractor shall not use pre-emergent herbicides prior to sufficient numbers of weeds germinating to provide adequate erosion protection when grown to 4-6” in height. The Contractor shall select herbicides based on timing, weed species to be controlled and weather. The Contractor shall be 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 area to facilitate orchard removal. Mowing prior to orchard removal is at the Contractor’s discretion.

2. Post-Orchard Removal weed control. After orchard removal, the Contractor shall 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.

4. If mowing of significant grass or vegetation needs to occur between February 1 and September 30, provide a USFWS approved monitor to survey the area for ground nesting birds and monitor as necessary.

xiii. Road Maintenance: The Contractor shall control weeds on roads and roadside ditches with herbicide. The Contractor shall not allow any weeds to exceed 6” in height. The Contractor shall not apply herbicide to any native vegetation, such as oak trees, cottonwoods, or elderberries growing along roads or in or near roadside ditches. The Contractor shall 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.

The Contractor shall leave adequate unsprayed buffer area around such vegetation to prevent damage.

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

xiv. Preparing Records and Reports: The Contractor shall 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.

The Contractor shall prepare monthly activity records, one for each month during the installation and establishment periods. The monthly reports shall document general site conditions, monthly precipitation totals, personnel performing work, plant health, and the dates watering, weeding, mowing and spraying is 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. The Contractor shall submit the monthly activity record with each invoice.

xv. Restoring and Cleaning up the Site: The Contractor shall, continuously during the period of performance, perform the following tasks: discard all removed material and trash and dispose of at an approved disposal facility. At end of Orchard Removal period, the Contractor shall remove staging area improvements, restore staging area by stabilizing with vegetation per SWPPP requirements. Final clean-up at the end of the period of performance 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 work statement to ensure the

Contractor’s techniques meet the Governments required outcome.

c. Specifically establish a performance plan focusing on criteria such as complying with environmental requirements, controlling weed growth, and 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 period of performance will be one base period. The maximum life of the contract, including any Options, shall not exceed 730 days.

11. STANDARDS OF EMPLOYEE CONDUCT

Contractor 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. The Contractor shall be properly equipped at all times with personal protective and safety equipment. Hard hats and steel-toed shoes shall be required in accordance with OSHA requirements. Contractor employees shall maintain personal hygiene.

b. The Contractor shall not engage in loud or boisterous behavior or use profane or abusive language.

c. The Contractor shall not be intoxicated or use any intoxicating beverages and/or drugs at the work site.

d. Possession of weapons is prohibited.

12. PARKING REGULATIONS

Contractor employees may only park privately owned vehicles in the area designated for parking by the Contracting Officer (KO). The Contractor shall ensure their employees park in the appropriate designated parking areas only. The Government will not invalidate or make any 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. The Contractor shall 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, on or in the designated area after such facilities are approved by the KO.

Provide all utilities necessary for completing the contract requirements 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 Safety Data Sheet (SDS) 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 will be underway. Levee construction is projected to commence in September 2017 and be completed by the end of June 2018. Load limits on the completed levee crossing are standard loads including standard loads for 40 ton semi-trucks. Standard loads for Canal Road shall not be exceeded. During the time that the phase 2A 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. The Contractor shall contact the Corps of Engineers Construction Engineer at the following address:

Valley Resident Office

2021 Jefferson Blvd.

West Sacramento, CA 95691

15. INSPECTIONS

a. The Contractor shall 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 shall be reported to the

COR.

b. The Contractor shall submit monthly activity reports and work accomplished to the COR 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. The Contractor shall provide a supervisor who speaks fluent English on site at all times.

b. The Contractor shall maintain satisfactory standards of personnel conduct and work performance and administer disciplinary action as required. The Contractor shall 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. The Contractor shall perform training and safety precautions for employees working under this Performance Work Statement. The Contractor shall ensure OSHA standards 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 shall 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 Contractor 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 Contractor 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

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

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

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

The Contractor shall 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.

The Contractor shall 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. The Contractor shall complete an Occupational Safety and Health Administration (OSHA) Form 300 in relation to any accident and submit ENG 3394 to the Safety Office within 5 days of an accident. The Contractor shall stop work in the event of serious injury or damage, leaving everything in place exactly as it was at the time of the accident, except when there is the possibility that more damage or injury would or could occur if things are left in place.

The Contractor shall designate and provide a person as the Site Safety and Health Officer (SSHO) and ensure that the SSHO or an equally‐qualified Designated Alternate SSHO is at the work site at all times 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 period of performance. 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. The Contractor shall provide proper credentials of the Competent Persons(s) to the Contracting Officer/COR for acceptance in consultation with the Safety Office prior to start of the project.

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

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.

The Contractor shall use a qualified person to prepare the written site‐specific Accident…