W91238-16-R-0065_Amendment_0004.pdf

W91238-16-R-0065

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

A. Provide answ ers to the questions generated by the site visit B. Provide updated Performance Work Statement and Appendices C. The closing date is hereby extended to 16 August 2016 at 12:00pm Pacific

1. CONTRACT ID CODE PAGE OF PAGES

J 1 45

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 09-Aug-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91238-16-R-0065

X 9B. DATED (SEE ITEM 11)

30-Jun-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Aug-2016

CODE

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 10-Aug-2016 12:00 PM to 16-Aug-2016 12:00 PM.

The following have been modified:

PERFORMANCE WORK STATEMENT

Request for Proposal

HAMILTON CITY

Combined Ecosystem Restoration and Flood Risk Management Project

Glenn County, California

February 10, Amended 7-31-2016

US ARMY CORPS

OF ENGINEERS

SACRAMENTO DISTRICT

TABLE OF CONTENTS

Page

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

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

3. Background and Description.……………………………………………………………………. 5

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

5. Acronyms………………………………………………………….……………………………. 7

6. Submittals…… ……………………………………………………………………………. 8

7. Project Schedule…………………………………………………………………………………. 8

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

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

10. Contract Objectives……………………………………………………………………………… 31

11. Standards of Employee Conduct……………………………………………………………….. 31

12. Parking Regulations……………………………………………………………………………. 32

13. Use of Mitigation Site Facilities……………………………………………………………….. 32

14. Coordination with Levee Construction ……………………………………………………... 32

15. Coordination with Elderberry Transplanting…………………………………………………... 33 16.. Inspections……………………………………………………………………………………... 33

17. Supervision and Training………………………………………………………………………. 33

18. Safety Requirements……………………………………………………………………………. 34

19. Performance Evaluation Meeting………………………………………………………………. 35

20. Actions………………………………………………………………………………………….. 36

21. Contractor’s Quality Control Plan (QCP)………………………………………………………. 36

22. Contractor Quality Control (CQC)……………………………………………………………… 37

23. Historic Preservation……………………………………………………………………………. 38

24. Environmental Preservation………………………………………………………………… 38

25. Payment and Invoices…………………………………………………………………………… 38

26. Key Personnel…………………………………………………………………………………… 39

27. Authorities/Technical Direction………………………………………………………………… 41

28. Contracting Manpower Reporting……..………………………………………………………… 42

29. Attachments

Pricing Schedule

Target Project Schedule

Attachment A – Performance of Work Requirement Summary

Attachment B – Quality Assurance Surveillance Plan (QASP)

Attachment C – Plant list

Attachment D – Planting Schedule-

Attachment E – 32 93 15 Plant Acquisition

Attachment F – Section 01 57 23 Temporary Storm Water Pollution Control

Attachment G – Section 32 92 33 Grass Seeding and Erosion Control

Attachment H – Section 32 07 07 Records and Reports

Attachment I – Submittal Register

Attachment J – Target Project Schedule Attachment K – Pricing Schedule

30. Exhibits (follows attachments)

Exhibit A – Plans

HAMILTON CITY

Combined Ecosystem Restoration and Flood Risk Management Project

1. INTRODUCTION:

This Performance Work Statement describes the basic objectives of the planting and establishment for ecosystem restoration for phase one 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:

Habitats to be restored are cottonwood riparian forest, mixed riparian forest, valley oak riparian forest, valley oak woodland, valley oak elderberry savanna, elderberry savanna, valley needlegrass grassland and valley creeping wildrye grassland. Units and services shall be in accordance with Performance Work Statement and the terms and conditions contained in this solicitation. The major work elements described herein includes; pre-work submittals, propagule collection, propagating seedlings, orchard removal, site layout, field leveling, soil preparation, NPDES stormwater compliance , providing water, installing irrigation systems, installing container plants, grass seeding for erosion control, grass seeding for habitat restoration, and maintaining the features and the plants during installation activities followed by a three-year establishment period. Maintenance and establishment tasks includes: watering, weeding, mowing, herbicide application, storm water sampling, testing and reporting, replacing dead plants and cleanup. 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 2 phases.

b. Description: The work described herein is the phase 1 ecosystem restoration component of the project described above. The revegetation described above is being developed at over roughly 770 acres at the southern end of the project. The physical location and design of the project site is 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. It shall be the contractor’s responsibility to 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 is underway under a separate contract.

TheConstruction of the levee is currently scheduled for construction from March 2017 to Fall of completion by June 15th 2017. During this time the levee contractor will be constructing the new levee and removing the existing “J Levee”. Additionally, some areas of the restoration site may be used for borrow and spoil by the levee contractor.

Assume borrow and spoil will be balanced and completed borrow and spoil areas will be returned to original grade.

Refer to Exhibit A for mapping of potential borrow and spoil areas. Borrow areas will be limited to a 3 foot max depth with 2h:1v side slopes after completion. Spoil areas will be limited to a one foot max depth from original grade with 10h:1v side slopes. Refer to Exhibit A for mapping of potential borrow and spoil areas. The revegetation contractor (this contract) must coordinate all activities with the Levee contractor for any activities occurring within the boundaries of the levee construction site prior to the completion of the levee. Admittance to and through the levee construction area is at the discretion of the levee construction contractor. County road 23 will continue to be a public access point and a bypass through the levee construction site will be maintained for light vehicular access. Access through the levee construction site for heavy traffic or will be subject to approval of the levee construction contractor.

See Exhibit A for site location drawings.

4. DEFINITIONS

COLLECTION PERIOD (CP): Is the amount of time indicated to perform all propagule collection.

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.

ESTABLISHMENT ACCEPTANCE (EA): When all establishment and 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 EA completes the establishment period.

ESTABLISHMENT PERIOD (EP): Is the amount of time indicated to perform all establishment and maintenance requirements. The EP begins when an IA is issued and continues until the EP is accepted.

ESTABLISHMENT: Herein, refers to the process of developing healthy, self-sufficient plants. It includes undertaking all necessary maintenance tasks described herein.

GOVERNMENT: Referenced within this Performance Work Statement is the U.S. Army Corps of Engineers, Sacramento District.

GRASSLAND: Any habitat revegetation area consisting of native grasses and herbaceous plants.

Grasslands do not include any woody plants.

GRASS PLANT: A grass plant is made up of many tillers that are bound together by their intertwined roots. A tiller consists of a shoot, with 3-4 leaves, buds and developed roots. The plants soil mass shall be intact and retain its shape when removed from its container.

INSTALLATION ACCEPTANCE (IA): When all the installation and field work requirements have been met by the Contractor and an approval in writing has been issued by the Government. This IA starts the

EP.

INSTALLATION PERIOD (IP): Is the time duration from contract award in which all installation and field work tasks are implemented. The end of the IP occurs when the Government issues an IA in writing, which starts the EP.

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; watering, weeding, mowing, herbicide spraying, erosion control repair, reseeding, protecting and removing protection, and replacing dead plants. Tasks that are generally performed during the EP.

MIDDLES: Space in between the planting rows.

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.

PLANT LOCATION: Location of emitter on drip lines in planting rows. Each planting location may have one or two plants as designated by the planting plans locate in Exhibit A, Plans.

PLANTING ROW: Line along which irrigation drip line is installed. The plants are located along the irrigation drip line.

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

PROPAGATE: verb; to produce a new plant; the tasks required to nurture a propagule until it develops into a seedling.

PROPAGATION PERIOD (PP): Is the amount of time indicated to propagate collected propagules and to perform all propagation requirements.

PROPAGULE: noun; a structure (as a cutting, seed, or spore) that produces (propagates) a plant (seedling).

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.

SEEDLING ACCEPTANCE (SA): When all seedlings have been propagated to meet quantity, quality, and container size requirements and have been successfully delivered to the project site. SA occurs at the project delivery site.

SEEDLING: noun; a young propagule that has developed to the proper size within a nursery container.

SELF-SUFFICIENT: Plants that are able to sustain growth without artificial water or maintenance. They may not be necessarily mature, however, they are large enough to survive against rodent and deer browse.

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

TRANSPLANT ACCEPTANCE (TA): When all the transplants have been installed and the requirements have been met by the Contractor and an approval in writing has been issued by the Government.

WOODY PLANT: A woody plant shall have stems capable of keeping it upright with appropriate balanced branching. Tree species shall have a single, non-headed leader, and shrub species shall have multiple branches consistent with top growth standards. The plant shall be healthy without signs of stress, disease, pest or mechanical damage. Their root system shall have a main root that is unkinked and free from swirling. Secondary roots shall be well developed and be capable of binding a soil mass together and retaining its shape when removed from its container.

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 IPM Integrated Pest Management Plan.

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 KO and 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 J, 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-fieldwork phase, which includes submittals and procurement. The second is the Installation Period (IP), which includes the undertaking and completion of all indicated site prep, installation and irrigation set up tasks. The pre-fieldwork phase is projected to take well over a full year to complete. The IP is projected to take about a full year to complete. An Installation Acceptance (IA) will be given when ALL required installation and pre-fieldwork items have been completed and accepted by the Contracting Officer. The installation acceptance in writing by the Contracting Officer starts the Establishment Period (EP). The third time frame is the EP, which includes all maintenance and establishment work, cleanup and submittals of all reports. The EP shall be for a continuous period of three (3) years (1,095 days), or shorter if the contract overall contract period of service ends first.

8. DESCRIPTION OF SERVICES:

Provide all necessary permits. Provide all labor, supervision, materials, equipment, tools, power and supplies necessary to remove existing orchard trees, layout site features and plants, remove and eradicate invasive vegetation, provide water and install irrigation system, make a maintenance road, provide and install container plants, provide and install grass seed, and maintain site and plants for the duration of the EP. Maintenance services shall include, among other things: weeding, watering, mowing, herbicide spraying, record keeping and general cleanup. Make all necessary arrangements for electrical or mechanical power needed for completing the work, including but not limited to electrical or mechanical power for operating the wells. Current contracting regulation 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. It is the government’s intention to award all the optional periods, resulting in a completed self sufficient native vegetation habitat. The contract also includes a number of individual option items that can be exercised to address areas requiring additional weed control efforts to meet project weed control objectives.

9. PROGRAM OBJECTIVES:

a. Manage the facilities’ installation and maintenance services described herein. Develop a “Performance Work Plan” that contains solutions to accomplish their 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. Autocad versions of Exhibit A and ESRI shapefiles of the planting plans will be provided by the government to the contractor after contract award. All plans are subject to review by the Government and shall be revised by the contractor accordingly. Refer to Attachment L- Submittal Register. At a minimum, provide the following:

Project Schedule and Payment Schedule: Provide a detailed project schedule showing the timing and duration of all contract line items and any other necessary detail. The contractor may adjust times in the schedule subject to the approval by the government. The Contractors schedule must adhere to the overall period of performance of the contract and must achieve completion of plant installation and seeding at roughly the same time as the target project schedule provided, refer to Attachment J. 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. The Payment schedule shall show on a monthly basis which tasks and for how much for each task the contractor plans to bill. The Payment schedule shall be based on the project schedule and the CLIN prices proposed by the contractor. The payment schedule shall consist of a table based on the pricing schedule with columns for each month for duration of the contract. The amount billed for each month for each task shall be indicated in the monthly columns.

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 paragraph 18, 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/Publications/EngineerM anuals/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

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 sequence of treatment, 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 monthly basis and submit monthly 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 with monthly invoices. All herbicide application equipment shall be optimized to control drift and overspray, utilizing the best available technology to limit overspray including but not limited to low boom height, shielded booms, appropriate anti drift agents, correctly sized nozzles.

o Traffic Control Plan: including advanced notification, warning signs, and physical monitoring and flagging controlling automobile, bike and pedestrian 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 design 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. Identify all nurseries growing all plant material for the project by species and quantity. Identify all seed growers providing native grass seed for the project by species, quantity and acreage.

Irrigation Design Plan (ID): Provide an irrigation design showing all critical components to provide water from the source to each plant. Include water source data. Drawing shall indicate routing of all buried pressure lines, valve sizes and locations; all non-pressure lines, and all equipment and material used in the execution of water sources and delivery. Design shall be capable of providing water to each plant at the rate and frequency specified and for the duration of the contract. This design shall also be included as part of the as-built drawings.

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 ceased at the end of 2015. 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. Refer to the plans (exhibit A) for map of farm fields, crops, last irrigation date, last harvest date and point of contact information.

iv. Plant Acquisition: Acquire needed plants in timely manner.

1. Propagule Collection: Identify collection locations and areas of all propagules collected, provide a list of propagules by species with locations and expected collection times of all required propagules. Maintain a list that is current, and as needed, adjust collection times as the season proceeds. The List shall note status of collection of each species as complete, in progress or not started, collection for species noted as in progress shall provide a percentage complete. Submit a collection list with each invoice until all collection is completed. Collect propagules from the within 40 miles of the project site within the floodplain or former floodplain of the Sacramento River. Collection limits apply to container plants or cuttings, but do not apply to native grass seed, refer to attachment G for native grass seed requirements. For propagules collected on public lands, verify with the local land owner or agency of jurisdiction prior to collection of any propagules and acquire permission for collection, including any necessary permits.

Approval shall be in written form. Propagule storage from collection shall be separated by species type and clearly labeled. Collection shall be conducted by a qualified California Native Plant Specialist and shall be collected when particular species propagule is available and viable. Elderberry seeds may be collected from the transplanted elderberries located within the project site.

See Attachment C for Plant list

2. Plant Propagation: Identify the nursery location(s) and infrastructure locations. Store propagules in viable condition until time to sow or root. Propagate propagules, by planting in starter containers and transplanting up into larger growing containers as plants mature. The propagation phase ends with transplanting of the seedlings into the final required sized nursery container as indicated herein. All seedlings shall be kept weed free and irrigated at proper levels to cultivate growth. For seedlings, fertilize with an appropriate slow release commercial grade or free flowing fertilizer appropriate for the plant species. Seedlings shall be separated into groups by species and individually labeled. All seedling containers shall remain weed free. Areas within 5 feet of all seedlings shall be kept 95% weed free at all times.

3. Nursery Growing: The nursery growing phase commences with the transplantation of the seedlings into the containers in which they will be delivered to the project site. All seedlings shall be kept weed free and irrigated at proper levels to cultivate growth. For seedlings, fertilize with an appropriate slow release commercial grade or free flowing fertilizer appropriate for the plant species. Seedlings shall be separated into groups by species and individually labeled. All seedling containers shall remain weed free. Areas within 5 feet of all seedlings shall be kept 95% weed free at all times. Nursery growing includes irrigation, pest control and storage of the plants in a healthy vigorous condition until the plants are delivered to the project site.

4. Plant Delivery: Deliver all plant material to the project site in a healthy condition. Do not toss, drop or otherwise handle container plants roughly. All plant material shall be delivered in covered vehicles.

5. Plant Storage: Maintain all plant material in a healthy condition at project site after delivery. Provide any necessary watering or other care needed to keep plants in healthy condition.

v. 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 F 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 the attached plans (Exhibit A) and specifications (Attachments F and G) 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, discing, 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 G2. 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 G2 Temporary Storm Water Pollution Control Risk Level 2.

vi. 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.

vii. 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.

viii. Watering and Weeding Elderberry Transplants: Maintain by watering and weeding, the elderberry plants transplanted into the phase 1 restoration area by others.

1. Timing and survival: In February 2015 23 Elderberry picks were transplanted into the phase 1 restoration areas, under a separate contract, by others. In 2016 these elderberry transplants will continue to be maintained by others. In 2017 the responsibility for maintaining these elderberries will become part of this contract.

Maintain the elderberries transplanted in January 2015 to the phase 1 restoration area. This will be the last year of establishment for the 2015 elderberry transplants.

There are currently 21 surviving elderberry transplants of the 23 elderberry plants originally transplanted in January 2015. The elderberries to be transplanted in 2017 will be maintained by others during 2017. In 2018 the responsibility for maintaining these elderberries will become part of this contract. In 2018 and 2019 maintain the elderberries scheduled to be transplanted in 2017. There are 48 elderberry plants that will be transplanted in 2017, some of which are large plants and may be broken into several smaller transplants during the transplanting process.

2. Watering: The irrigation season typically extends from 1 March through 30 November. Irrigate each transplant with a minimum of fifty gallons of water once a week. The contractor shall determine the method of irrigation. The water wells and irrigation infrastructure within the project boundary are available to the contractor to use or modify in any way necessary to provide the required water. The watering method shall not cause erosion and shall ensure the water is delivered to the root zone of the transplants. Watering basins shall be kept in a functional condition during the watering period. The contractor is responsible for performing any additional irrigation necessary to keep the transplants in a healthy condition outside of the irrigation season, should unusually dry conditions occur.

3. Weeding: Remove all weeds growing within the watering basins of the elderberries.

Remove all non native plants growing within the general vicinity of the elderberry transplant areas. Keep all vegetative growth within the transplant receiving areas controlled such that the transplants can be easily accessed for all necessary irrigation, weeding and any other required activities.

4. Access by others: Allow access to the elderberry transplant areas by any contractors hired by the government to transplant and maintain the elderberry transplants.

ix. Procurement and Material Storage: The project is of large scale and will require quantities of equipment and materials that may not be available without advance planning. Some of the materials required shall be custom manufactured or grown under contract. Some equipment may be needed that could be in limited supply or may be needed during times when rental equipment is heavily utilized. The contractor shall make all necessary arrangements to provide the equipment and materials necessary to prosecute the work required herein according to the approved project schedule. The contractor shall make all necessary arrangements to store all necessary materials in good usable condition ready for use. Procured items in storage shall be available for inspection at the request of the COR. Seed production fields for project shall be designated and marked and available for inspection. The items that may require advance procurement or storage facilities include but are not limited to:

Irrigation drip line, approximately 204 miles.

PVC Irrigation pipe.

Native Grass Seed Pin flags for marking plant layout, approximately 161,700.

Milk carton browse guards, approximately 85,000 Drill seeding equipment Bamboo stakes for securing milk carton browse guards

See Attachment C, Plant List See Attachment E Specification 32 93 15 Plant Acquisition

x. Facility Set up: Verify site conditions. Identify and mark site infrastructure locations including but not limited to work signs, staging areas, housekeeping BMP’s etc. Install work signs and staging areas. All adjacent public pavements shall be thoroughly cleaned daily of impacts upon completion of work. Contractor shall provide photographs of all existing access roads for COR review prior to commencing work. These will serve to verify pre-work conditions. Refer to Attachment L-Submittal Register.

Verify Site Conditions: Before performing any work, verify site conditions. Perform video survey of the condition of county road 23 prior to commencing significant on site activities.

The contractor shall be responsible for damage to the road arising from their activities occurring after the completion of the levee. The road will be repaired by the levee construction contractor after completion of the levee. Submit electronic copies of all road videos on DVD or compact disc to the COR. Discs must be marked with date and time of survey. Identify existing features and underground obstructions and utilities, including notifying Underground Service Alert (U.S.A.) at 1-800-642-2444 for all locations in this contract. Read materials found on OSHA website http://www.dir.cago.

Boundary and Infrastructure Layout: Mark on the ground, showing the extents of where all infrastructures will be located. Infrastructure shall include proposed access and maintenance roads, electrical hookups and routing, signage, staging area locations, and all other tasks included in project. All identification and approvals from the Government shall be obtained prior to starting work on the ground.

Layout Access and Maintenance Roads: Layout proposed access roads, where shown on drawings. In general, proposed access roads are located at the periphery of fields or within areas where the “J levee” has been removed under a separate contract. All roads and firebreaks shall be constructed 12 feet wide.

Layout grassland and soil disturbance avoidance areas boundaries: Layout and mark all grassland habitat areas and soil disturbance avoidance areas. Grassland and soil disturbance avoidance area markings shall be replaced or renewed as necessary during the period of performance to allow the areas to be readily located at any time.

Preparing Maintenance Roads: Maintenance roads shall be prepared. All maintenance road and firebreak alignments shall be free of rocks and other debris. Finish surface of roads shall be sufficiently smooth and compacted such that 2 wheel drive passenger vehicles can easily drive at a minimum of 15 mph. All road-edge ridges shall be flush with the surrounding grades. Any erosion that occurs as a result of the water flow shall be repaired.

Ensuring Drainage System function: Within the site boundaries as shown in Exhibit A, Perform any maintenance, cleaning, and grading, necessary to ensure that drainage ditches function to prevent ponding from occurring within 20 feet of the new levee. Also prevent ponding from occurring that will interfere with the survival of the revegetation plantings.

Minor ponding such as currently occurs in existing low points in the orchard areas is acceptable, the contractor is responsible for any modifications necessary to reduce ponding if it impacts…