SOW Sole Source_MSHMP_2024 May 13.pdf

SCOPE OF WORK

Tierra Data, Inc.

Contract No. May 13, 2024

1. ITEMS: Review and provide comments and tracked change edits on the updated Administrative Draft Supplemental Environmental Assessment/Mitigated Negative Declaration (SEA/MND) and Draft Final Supplemental SEA/MND that is being prepared by the U.S. Army Corps of Engineers (USACE) for the Seven Oaks Dam Multi-Species Habitat Management Plan (MSHMP). Prepare the Biological Resources Sections for the updated Draft and Draft Final SEA/MND. Review the comments received on the updated Administrative Draft SEA/MND from the local non-Federal Sponsors and USACE legal counsel and provide comments or track change edits on draft responses prepared by the USACE. Review public review comments received on the updated Draft SEA/MND and provide track change edits to responses prepared by the USACE. Review legal counsel comments on the Draft Final SEA/MND and provide track change edits prepared by the USACE. Participate in a series of planning and technical meetings with the USACE and local non-Federal Sponsors. Provide expert guidance to the team during further development and analysis of potential experimental treatments and management measures. Provide GIS-based mapping to support the alternatives development and impact analyses.

2. LOCATION: The Woolly Star Preserve Area (WSPA) constitutes approximately 764-acres of floodplains downstream of the Seven Oaks Dam near the San Bernardino International Airport and the City of Redlands in San Bernardino County. Management actions identified in the MSHMP and the accompanying SEA/MND document would occur within this area. The lands for this preserve were purchased and are cooperatively managed by San Bernardino, Orange, and Riverside Counties (the project’s local sponsors) with oversight by the USACE. Some meetings may be held at the USACE’s Los Angeles District office, the San Bernardino County Flood Control District office, or other locations in that vicinity.

3. AUTHORIZATION:

(1) National Environmental Policy Act of 1969 (NEPA).

(2) Endangered Species Act 1973, as amended.

(3) The California Environmental Quality Act

(4) Water Resources Development Act of 1986, Public Law 99-662

4. QUALIFICATIONS OF THE CONTRACTOR: The Contractor's professional employees will have demonstrated expertise in their appropriate field of study and adhere to the highest research standards and ethics of the profession. The Contractor will provide professional and qualified personnel capable of performing the services required. The Contractor will further provide adequate logistical support equipment to perform the work and services.

The Contractor staff assigned to or leading this effort must have participated in the development of the USACE’s MSHMP. This knowledge and experience is necessary to be able to quickly identify potential issues, ensure consistency with the MSHMP objectives, provide clear and meaningful guidance to the team during continued development and analysis of experimental treatments and management measures including development and review of engineering models that will be conducted by USACE staff, and provide critical review comments on the SEA/MND prepared by the USACE and the lead local sponsor (as required in the Description of Work and

Services, below). The Contractor is required to be a subject matter expert in the MSHMP with a demonstrated knowledge of its focal species: San Bernardino kangaroo rat, Santa Ana woolly star and slender-horned spineflower.

5. DESCRIPTION OF WORK AND SERVICES: The Contractor will perform the work and services as described in this SOW as follows.

A. Meetings/Conference Calls The Contractor will attend and/or participate in up to fifteen (15) coordination conference calls/web meetings [up to 2 hours each] with the USACE and (as applicable) the local non-Federal sponsors. The coordination meetings are both planning and technical in nature and will focus on SEA/MND alternatives, preparation of the updated Draft and Draft Final SEA/MND, review response to comments. The contractor will also participate in up to two coordination meetings [up to two hours each] to review the approach and pertinent technical documentation to support the response to comments. The Contractor will assist the USACE with preparation of technical materials to support meeting and prepare meeting notes upon request.

B. Biological Resources Sections Write-up, Review of Other Environmental Resources Sections and Respond to Comments on Updated Draft SEA/MND and Draft Final SEA/MND

1) The Contractor will prepare biological resources sections for the updated Administrative Draft SEA/MND including Environmental Effects, Environmental Consequences, and Cumulative Effects sections relative to consistency with the Santa Ana Woolly Star Preserve Area (WSPA) MSHMP, the 2000 Biological Assessment and Biological Opinion associated with operation of Seven Oaks Dam for USACE review. 2) The Contractor will also review and provide comments or track change edits on the updated Administrative Draft SEA/MND and Draft Final SEA/MND. 3) The Contractor will review comments received on the updated Administrative Draft from the local non-Federal Sponsors and USACE legal counsel and provide comments or track change edits on draft responses prepared by the USACE. 4) The Contractor will review all received public comments on the Draft SEA/MND and provide comments or track change edits on draft responses prepared by the USACE and provide comments or track change edits on USACE-drafted responses to legal counsel review comments for the Draft Final SEA/MND.

C. GIS-Based Mapping of Alternatives and Potential Management Methods The Contractor will (1) revise up to 10 GIS-based maps of updated potential mechanical and hydraulic experiments for Appendix C of the SEA/MND based on further refinement by the USACE, (2) update the land ownership map as applicable based on coordination to resolve discrepancies, (3) prepare up to 24 maps of biological, cultural, physical, and social resources with overlay of the Preferred Alternative to support the SEA/MND impact analyses, and will revise prepared maps based on comments received on the Administrative and Public Drafts. The Contractor will provide an USACE-compliant GIS database upon completion of this task.

6. PERIOD OF SERVICE: The total period of performance for this task order is from the date of award to June 30, 2026. Payment for services will follow the percent project completion estimates identified below for each major milestone:

A. Meetings/Conference Calls (Estimated 7% of contract price): Meetings and conference calls will be scheduled in coordination with the USACE, as mentioned in 5(a) above.

B. Biological Resources Sections Write-up, Review of Other Environmental Resources Sections and Respond to Comments on Updated Administrative Draft SEA/MND and Draft Final SEA/MND (Estimated 68% of contract price).

1) The Contractor will prepare biological resources sections for the updated Administrative Draft SEA/MND including Environmental Effects, Environmental Consequences, and Cumulative Effects sections within thirty

(30) days of award of contract, as mentioned in 5(B)(2) above.

2) The Contractor will also review and provide comments or track change edits on the updated Administrative Draft SEA/MND prepared by the USACE within twenty-one (21) days of receipt of the document, as mentioned in 5(B)(2) above.

3) The Contractor will review comments received on the updated Administrative Draft from the local non-Federal Sponsors and USACE legal counsel and provide comments or track change edits on draft responses prepared by the USACE within twenty-one (21) days of receipt of the draft responses, as mentioned in 5(B)(3) above.

4) The Contractor will review all received public comments on the Draft SEA/MND and provide comments or track change edits on draft responses prepared by the USACE and provide comments or track change edits on USACE-drafted responses to legal counsel review comments for the draft Final SEA/MND within twenty-one (21) days of receipt of each set of draft responses, as mentioned in 5(B)(4) above.

C. GIS-Based Mapping of Alternatives and Potential Management Methods (Estimated 25% of contract price). The contractor will provide updates and revisions to previously prepared maps and will prepare and revise additional maps in within twenty-one (21) days of receipt from the USACE, as mentioned in 5(c) above.

7. REVIEWS AND SUBMITTALS: All written documents including meeting notes, suggested guidance, summary of document reviews and track changes/comments on the Draft and Draft Final SEA/MND will be submitted in MS Word. Electronic copies of all submittals (including graphics and GIS data) will be submitted upon request. Text will be complete, clear, concise, and grammatically correct in a manner suitable for reading by persons not professionally trained for the technical subject discussed.

8. PROJECT MANAGEMENT:

(1) The Contractor will assign qualified professionals in pertinent fields to perform this effort. The Contractor will assign a responsible and appropriately qualified Project Manager (PM) who is knowledgeable about all work for this project and be available as the Contractor’s point of contact; coordinate and supervise activities to provide timely and professionally sound products; and maintain a project file containing all correspondence and criteria pertinent to this project.

(2) During the progress of the work, the Contractor will confer with the Environmental

Manager, Los Angeles District, as required, to assure approval of the completed work.

9. DEVIATION FROM THE SCOPE OF WORK:

The contractor will not depart from or perform beyond the Scope of Work (SOW) and the criteria on which the SOW is based without the written direction of the USACE Contracting Officer. The contractor will not enter into any subcontracts other than those identified in the original proposal without prior approval of the USACE Contracting Officer.

10. ADDITIONAL REQUIREMENTS:

(1) All data, reports and materials relative to this Scope of Work are property of the U.S.

Government. The contractor will not release any sketch, photograph, map, report, newspaper article or other material of any nature obtained or prepared under the contract without specific written approval of the USACE Contracting officer. The above material will be submitted to the USACE Contracting Officer upon request or at the termination or completion of the delivery order.

(2) All data, reports, and materials contained or developed will not be released to the public without written approval from the USACE Contracting Officer.

11. VISITS TO THE STUDY AREA, PRIVATE SOURCES, AND GOVERNMENT

AGENCIES

The Contractor will advise the USACE’s Environmental Coordinator of each proposed visit to the study area, private sources, and government agencies prior to each visit. Contacts with government agencies will be limited to research and collection of data pertinent to the project.

The Contractor will be informed of any requirements necessary for access to the site. Progress of coordination, major issues and problems that may jeopardize meeting attendance and submittal dates will also be reported promptly to the Contracting Officer Representative.

Meetings may take place at the:

1) USACE Los Angeles District Office, 915 Wilshire Boulevard, Los Angeles, CA 90017 or

2) USACE Prado Dam Resident Office, 2493 Pomona-Rincon Road Corona, CA

92880, or

3) Other locations to be determined.

12. PUBLIC AFFAIRS

The Contractor will not make available to the news media or publicly disclose, any information gathered, developed, or reviewed under this contract. When approached by the news media, the Contractor will refer them to the Contracting Officer for comment. All information, reports, discussions, and other items of any nature to which the Contractor may have access or privilege to under this contract will be treated by the Contractor with confidentiality and the highest standards of professional and ethical conduct. Reports, data, and all other information generated or obtained under this contract will become the property of the Department of Defense and the distribution or disclosure to any other party by the Contractor, unless authorized by the USACE, is prohibited.

13. SECURITY REQUIREMENTS:

a. AT Level 1 Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, will complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor will submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

b. Access and General Protection/Security Policy and Procedures. All Contractor and all associated sub-contractors’ employees will comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor will also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

c. Access to a DoD facility or installation. Contractor and all associated sub-contractors employees will comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

d. Suspicious Activity Reporting Training. The contractor and all associated sub-contractors will receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training will be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

e. E-Verify Requirements. The Contractor must pre-screen employees that will be assigned to this contract (including sub-contractor employees) using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. A list of verified/eligible Candidates will be made available upon request by the COR within ten (10) business days after the initial contract award.

14. PAYMENT FOR WORK AND SERVICES: The Government will award a Firm Fixed price delivery order. The agreed upon awarded price will constitute full compensation by the Government to the Contractor for the work and services performed under this delivery order.

Payments will be made in accordance with the payment clause under the basic contract and period of service, of this delivery order. The Contractor will invoice only for completed percentages of the work and services.

Megan Wong Biologist, Ecosystem Planning Section

Hayley Lovan Chief, Ecosystem Planning Section

Tiffany Bostwick Chief, Environmental Resources Branch

Megan Wong Digitally signed by Megan Wong Date: 2024.05.13 21:55:27 -07'00'

LOVAN.HAYLEY.JE

ANNINE.123167238

Digitally signed by

LOVAN.HAYLEY.JEANNINE.123

1672385 Date: 2024.05.17 13:37:26 -07'00'

Tiffany Bostwick

Digitally signed by Tiffany Bostwick Date: 2024.05.14 10:26:22 -07'00'