F--Vegetation Removal and Herbicide Treatment, Cochiti Dam, NM

This contract action was accomplished using other than competitive procedures because a statute exists that expressly authorizes or requires that the acquisition be made from a specific source or through another agency (FAR 6.302-5); specifically, Sole source awards under the 8(a) Program. Per FAR 6.302-5 a J&A is not required for this award. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform vegetation removal and herbicide treatment for the Cochiti Dam. 1 Basic Services: The Contractor shall provide all personnel, equipment, supplies, materials, facilities, transportation, tools, supervision, and any other items and non-personal services necessary to perform vegetation removal and herbicide treatment in the designated areas at Cochiti Dam. 5.2 Vegetation Removal for Areas 1-6 (described below at sections 5.12 - 5.18) 5.2.1 Vegetation shall be removed primarily using hand tools. The Contractor shall cut all woody vegetation with a trunk diameter of greater than two (2) inches at the base. For trunk diameters greater than six (6) inches, the Contractor shall leave a 12 quote mark inch high stump for future excavation. All woody vegetation shall be stacked and removed from vegetation-free zone and placed in a designated area. 5.2.2 The remaining vegetation should be cut to the base (using chain saws or other hand equipment - no mechanical equipment shall be used on the dam face or groin for this work). After cutting the vegetation, the remaining woody vegetation shall be treated with an aquatic approved herbicide to prevent re-growth. The herbicide application requirements are described below in this PWS. 5.2.3 The Contractor shall coordinate with the USACE POC for exact location of the disposal areas. The herbaceous (non-woody) vegetative material shall be mulched and mulched material will be placed per direction of the COR; mulched material may not be left on the dam face or in the vegetation-free zone. Material that cannot be mulched will be piled in the designated disposal areas. The Contractor shall coordinate with the USACE POC for exact locations of the disposal areas. Multiple chipping stations will be allowed per area; at a minimum it is expected that one upstream of the embankment and one downstream of the embankment will be established for each Area such that hauling distances will be minimized for the Contractor. Additional hauling and disposal details are discussed in sections 5.12-5.18. 5.3 Herbicide Application for Areas 1-6 (described below at sections 5.12 - 5.18): Within twenty-one (21) days of the contract award, the Contractor shall prepare a Pesticide Management Plan and submit the plan for Contracting Officer approval. Include in the plan: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application, Safety Data Sheets (SDS), calibration of equipment and departures from the manufactures specifications. Federal, State, Regional and Local pest management record keeping and reporting requirements as well as any additional Project Office specific requirements shall be fulfilled. 5.3.1 Contractor shall provide treatment of all cut stumps within 10 minutes to prevent regrowth. All remaining vegetation within the project area shall be treated. This shall be accomplished by spraying with appropriate herbicide mixture (based on the vegetation type, the time of year, as well as efficacy) at the base of the vegetation remaining after cutting. The herbicide should contain a dye so that treated areas and stumps may be visible. Herbicide application shall be conducted with power operated sprayers attached to tractors or other approved vehicles and/or hand sprayers where applicable by a state-certified applicator. Applications within 50 feet of surface water shall be conducted with an herbicide approved for aquatic use, specifically a drinking water source. 5.3.2 Herbicide application should follow all applicable guidelines. 5.3.2.1The Contractor shall comply with Federal Insecticide, Fungicide, and Rodenticide Act (Title 7 U.S.C. Section 136) for requirements on contractor's licensing, certification and record keeping. Herbicides shall be applied by a State of New Mexico Certified Herbicide Applicator. The Contractor shall provide their current certification in the Pesticide Management Plan. The Certified Applicator shall follow the EPA approved label(s) and State of New Mexico requirements. Empty containers shall be disposed of as solid waste offsite and in accordance with Federal, State, Regional and Local laws and regulations. 5.3.2.2 Herbicide formulations shall be mixed or poured into spray equipment within designated staging areas. These staging areas must be located away from the floodplain, irrigation canals or locations where groundwater, irrigation water or drinking water could potentially become contaminated. 5.3.2.3 The Contractor shall not allow equipment to overflow. Prior to application of herbicide, all equipment shall be inspected for leaks, clogging, wear, or damage and shall be repaired prior to being used. The equipment operator shall keep a spill kit on within the immediate area, including pads that can be used to contain any drips or spills that may result from filling or operating the equipment. Any equipment in disrepair shall be removed from the site immediately. 5.3.2.4 For applications of pesticides which results in a discharge to Waters of the United States the Contractor shall comply with the U.S. EPA National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) for Discharges from the Application of Pesticides. The Contractor shall comply with the Albuquerque District's Pesticide Discharge Prevention Plan (PDPP) and shall provide all information required for necessary updates to the PDPP and annual reporting, as identified in Section 7 of the PGP by the end of each calendar year or before contract termination. 5.4 The areas targeted for herbicide application have the potential for difficult access and tripping or falling hazards. Large rocks and a steep grade may require the Contractor to implement appropriate safety precautions. No cutting or spraying should occur beyond the limits of the dam face and groin and vegetation-free zone defined in this contract. Boundaries will be reviewed on site with the USACE Point of Contact (POC), Mr. Mark O. Rosacker +1 (555) 000-0000. 5.6 Work shall be performed in a manner that will limit disturbance to the dam face and groin. Areas that are disturbed shall be restored to its existing condition as approved by the USACE POC. 5.7 The Contractor shall re-treat stumps that are missed during initial herbicide treatment following site inspections by the Government. Contractor shall perform follow-up herbicide treatment of any root sprouts that occur after the first growing season. 5.8 All employees shall read and comply with all Safety Data Sheet(s) (SDS) and work related materials before usage. SDS information shall remain on site. 5.9 Additional environmental protection requirements 5.9.1 Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance with Federal, State, and local laws and regulations. 5.9.2 All project materials shall be recycled to the extent possible. Solid waste generation shall be minimized throughout the duration of the project. 5.9.3 Since there is no construction ground disturbance, there will be no stormwater control required for this project. If at any time there is ground disturbance over one acre in size, a Storm Water Pollution Prevention Plan (SWPPP) shall be required for Government approval and a Notice of Intent (NOI) shall be filed with the State of New Mexico. 5.9.4 No hazardous waste or petroleum product releases have been associated with this project area. The Albuquerque District Office Environmental Engineering Section shall be contacted and a plan for remediation or removal shall be prepared if any unknown solid wastes or any hazardous, toxic, or radioactive wastes are identified during the execution of the Cochiti Dam Vegetation Removal project. a. The Contractor shall provide a Contaminant Prevention Plan that identifies potentially hazardous materials and substances to be used on the job site, and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1, a copy of the Safety Data Sheets (SDS) and the maximum quantity of each hazardous material to be on site at any given time shall be included in the contaminant prevention plan. As new hazardous materials are brought on site or removed from the site, the plan shall be updated. b. The Contractor shall provide a Spill Control plan shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. This plan shall include as a minimum: (1) The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Contracting Officer and Cochiti Lake Project Manager in addition to the legally required Federal, State, and local reporting channels (including the National Response Center +1 (555) 000-0000) if a reportable quantity is released to the environment. The plan shall contain a list of the required reporting channels and telephone numbers. (2) The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup. (3) Training requirements for Contractor's personnel and methods of accomplishing the training. (4) A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified. (5) The methods and procedures to be used for expeditious contaminant cleanup. (6) Disposal of all project related wastes shall be off-site and in accordance with all Federal, State, Regional and Local laws and regulations. c. All construction materials shall be recycled to the extent possible. Solid waste generation shall be minimized throughout the duration of the project. d. Any leftover materials shall be managed in accordance with the Safety Data Sheet (SDS). Empty containers shall be disposed of as solid waste in accordance with Federal, State, Regional and Local laws and regulations. e. No concrete or concrete like materials will be used for this project. f. No waste water is expected to be generated from the project activities. g. In the case that any non-native soils, discolored soil, soil with an odor, or any debris are discovered, stop work immediately and notify the District Office, Environmental Engineering Section. If the material is determined to be free of contamination and unregulated, work will proceed without change. h. If any material, not indicated, that may be hazardous to human health upon disturbance during work activities is encountered, stop that portion of work and notify the Contracting Officer immediately. Within 14 calendar days the District Office Environmental Engineering Section will determine if the material is hazardous. If material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If material is hazardous and handling of the material is necessary to accomplish the work, the Government will issue a modification pursuant to quote mark FAR 52.243-4, Changes quote mark and quote mark FAR 52.236-2, Differing Site Conditions quote mark . i. All equipment that shall be used at the site shall be inspected prior to being mobilized to the site to ensure that there are no leaks or drips. There shall be no fueling of the equipment or maintenance work performed at the project site. The equipment operator shall keep a fuel and fluids spill kit on board including absorbent pads that can be used to contain any drips or spills that may result from operating the equipment. Any equipment in disrepair shall be removed from the site immediately. j. Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and contamination of the environment. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed off-site in accordance with State, and local laws and regulations. k. Pesticides shall be delivered to the site in the original, unopened containers bearing legible labels indicating the EPA registration number and the manufacturer's registered uses. Store pesticides according to manufacturer's instructions and under lock and key when unattended. l. The Contractor shall submit a Pesticide Treatment Plan to the Contracting Officer for review and approval, and shall include: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application, calibration of equipment and departures from the manufactures specifications. This Plan shall be updated to include actual treatment dates and use. Federal, State, Regional and Local pest management record keeping and reporting requirements are required. m. Apply pesticides using a State Certified Pesticide Applicator and in accordance with EPA label restrictions and recommendation. The Certified Applicator must wear clothing and personal protective equipment as specified on the pesticide label. All equipment shall be filled in a designated area, do not allow the equipment to overflow. The equipment operator shall keep a spill kit on within the immediate area, including absorbent pads that can be used to contain any drips or spills that may result from filling or operating the equipment. Any equipment in disrepair shall be removed from the site immediately. Copies of the applicator's certification shall be submitted to the Contracting Officer with the Pesticide Treatment Plan. n. It is required that land scarring during these activities be kept at a minimum. Any wheel ruts or land damage caused by vehicles used during these activities shall be leveled and repaired immediately or after vegetation removal activities are complete. o. Provided that the disturbance is less than one acre in size, there will be no stormwater control required for this project. If at any time the disturbance is one acre in size, there will be stormwater controls required for this project and the following requirements apply. The contractor shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for Government approval. The Contractor shall file a Notice of Intent (NOI) with the US Environmental Protection Agency, install and maintain the required controls, and inspect the controls, document their condition, and make any required repairs or changes in accordance with the 2012 National Pollutant Discharge Elimination System General Permit for Discharges from Construction Activities and the Project SWPPP. Templates for the required SWPPP documentation are available at the EPA website: http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-Pollution-Prevention-Plans-for-Construction-Activities.cfm p. Since the disturbance is limited only to the existing roadways there will not be stormwater controls required for this project. If at any time the scope of this project changes to include widening the existing roads or constructing a new road, the Contractor shall immediately notify the Contracting Officer. Depending on the size of the ground disturbance that will be needed, the Contracting Officer may require the Contractor to prepare a Storm Water Pollution Prevention Plan (SWPPP) for Government approval and file a Notice of Intent (NOI) with the US Environmental Protection Agency. 5.10 The Contractor shall contact the POC within 20 days after completion of herbicide application. A joint inspection of treated areas will be conducted to determine performance. If treatment requirements are met and application documentation required in Section 5.3.2.4 has been provided, the Contractor may submit an invoice for payment at that time. If requirements are not met as determined by the inspection, the Contractor shall return within 3 working days, weather permitting, and re-spray unaffected vegetation prior to submitting invoices for the original application. 5.11 The Contractor shall notify the POC immediately of any damage to Government or private property and injury to any person resulting from Contractor operations. The Contractor shall be responsible for restoring any Government facilities or structures damaged as a result of Contractor operations. Reasonable care shall be taken to avoid damage to existing structures and equipment. Any such damage shall be repaired or replaced as directed by the Contracting Officer, or their authorized representative, at no cost to the Government. If the Contractor does not make such repair or replacement, the cost thereof will be deducted from payments made to the Contractor. The Contractor shall advise the POC of any damage to the facilities due to vandalism or other causes on the day he/she first notices such damage. Upon completion of the work, the Contractor shall leave existing works in a condition equal to that which existed when work started. There are a total of six areas identified for vegetation removal and herbicide treatment; each area will be bid separately as an option for this contract. Equipment can access all areas via established paths and roads at several access points along the alignment; access in restricted areas shall be coordinated with the COR to reduce Contractor commute times. 5.12 Base Bid: Area 1; The base bid for this contract will be Area 1 as identified in Appendix A. This area is bounded by the centerline of the dam, 50 `feet past the downstream toe, and Stations 37+50 to 102+50. The area is approximately 80 acres. 5.13 (Optional Task 1): Area 2 is approximately 50 acres, and is bounded by the centerline of the dam, the upstream lake water surface or 50' past the upstream heel, whichever is less, and Stations 37+50 to 102+50. Woody vegetation cut in this area can be placed along the shoreline and will be removed via boat by USACE. 5.14 (Optional Task 2): Area 3 is approximately 82 acres, and is bounded by Stations 2+50 and 37+50. The area extents upstream and downstream are defined by quote mark groin quote mark (15' past the toe/heel) and by quote mark embankment area quote mark (50' past the toe/heel). This groin/embankment delineation will be at Station 9+50 for all intents and purposes. This area includes the dam crest. 5.16 (Optional Task 3): Area 4 is approximately 75 acres, and is bounded by Stations 102+50 and 157+50, to include the dam crest and extending 50' upstream and downstream of the heel and toe, respectively. Additional access is available to this area by removal of a section of guardrail. This will be accomplished in close coordination with the COR. 5.17 (Optional Task 4): Area 5 is approximately 90 acres, and is bounded by Stations 157+50 and 241+00, to include the dam crest and extending 50' upstream and downstream of the heel and toe, respectively. Cut vegetation in this area shall be mulched/chipped and placed outside the vegetation-free zone in as many piles as is practical for the Contractor, the exact locations of which will be at the discretion of the COR. 5.18 (Optional Task 5): Area 6 is approximately 53 acres, starting at Station 241+00 and extending through to the southern end of the spillway. This area includes the dam crest and extends 50' upstream and downstream of the heel and toe, respectively. This area also includes vegetation removal/control in areas adjacent to the spillway training walls of the spillway, extending 15' from the walls, as well as areas including and within 15' of the upstream channel walls as shown in the figure in Appendix A. Cut vegetation in this area shall be mulched/chipped and placed outside the vegetation-free zone in as many piles as is practical for the Contractor, the exact locations of which will be at the discretion of the COR.