W9123819Q0002_Amendment_0003.pdf

W62N6M81910203

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

This amendment answ ers potential Vendor Questions; incorporates updated PWS and Draw ings and extends the due date to 05 December 2018 at 12:00 PM PST.

POC: Yolanda Bickham

1. CONTRACT ID CODE PAGE OF PAGES

J 1 32

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

16C. DATE SIGNED

BY 29-Nov-2018

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 W9123819Q0002

X 9B. DATED (SEE ITEM 11)

30-Oct-2018

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

29-Nov-2018

CODE

USACE SACRAMENTO DISTRICT

ATTN: 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:

W9123819Q0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

VENDOR QUESTIONS & ANSWERS

No. Contractor Question USACE Response 1 Can the proposal due date be extended? With a second site walk conducted on Nov. 16, questions to USACE by COB Nov. 19, and Thanksgiving holidays, a Nov. 26 due date for the proposal does not provide sufficient time to prepare a cost proposal.

Yes, the date will be extended.

2 Is there an anticipated decision timeframe for Options 1 and 2 (transplant and maintenance for Areas A/B/C)?

The options will be exercised when the contract is awarded or within 15 days of contract award.

3 For option items, what is the assumed number of elderberries requiring transplant?

A table indicating the numbers of shrubs to transplant has been added to sheet D101 of the plans. Also refer to the notes on sheet D101 .

4a Part 1 of the PWS, Section 1 General, states the following “Subsequent to transplanting, maintain the transplanted shrubs in good health by watering and weeding for three seasons, the first season being part of the base contract and the second and third being option items. The second and third seasons are essential to establish the transplanted elderberries in a self-sufficient state, needing no additional human intervention to survive.

Additionally, there are option items for transplanting elderberries on parcels for which real estate certification in time for the advertisement and award of this contract is uncertain.” This implies that maintenance for seasons two and three would be optional.

Is maintenance for the 2020 and 2021 seasons part of the base bid?

Maintenance for the 2020 and 2021 seasons is not part of the base bid.

4b Page 19, Section 5.3.2 item F, third bullet point down calls for monitoring and reporting for year two. Is this correct?

Yes. Monitoring and reporting is required for each year, therefore second year survival report is required in the case the option for the second year of maintenance is exercised.

5 Deliverables schedule states Elderberry Transplant as-built Plans are to be submitted 30 days after award.

However, this task will take place following transplanting which will occur more than 30 days after award. Should the as-built plans be delivered 30 days after transplanting is complete?

This item will be changed to read, ’30 days after completion of transplanting task’.

6 In the set of plans provided on Nov. 9, pages D-110 and D112 are identical. Can you provide the correct D-112 page?

The plans have been corrected. The missing sheet has been provided, note that due to revisions no transplant receiving site is shown on the previously missing sheet.

7 Will the USACE provide the SWPPP completed for Phase 1 as a template for this project?

A redacted copy will be provided

8 Who will be the responsible party if a storm event results in flooding and levees are damaged while transplanting activities are taking place?

The federal government will be the responsible party unless the damage is caused by contractor negligence. Failure to fulfill contract requirements regarding timing of backfilling; materials used for backfilling and methods of backfilling could constitute negligence.

9 What is the timeframe between transplanting and levee removal/maintenance?

The estimated timeframe has been added to section 1.6.12 of the

PWS.

10 Can USACE provide more detail in terms of “road maintenance” for Options 1 and 2? Will the contractor be responsible for grading and placing aggregate?

Maintenance and access roads utilized by the transplant contractor will be returned to their original state following transplant activities.

Grade/blade utilized access and maintenance roads, as needed to repair rutting. Refer to Section 5.3.1, item H

11 The Performance Work Statement indicates that 122 shrubs should be transplanted and Section 5.3.1 states that the contractor should identify shrubs for transplanting. Have all the transplantable Elderberry plants (EB) been identified? Will additional surveys be necessary? Should we assume that 122 shrubs will require transplanting for the cost estimate?

No additional surveys are required. Assume that the number of shrubs indicated on the plans will require transplanting. Also refer to the notes on sheet D101 of the plans. The contractor should bid accordingly, knowing that the number of shrubs to be transplanted may be more than the number indicated on the plans.

`12 Have all transplantable EB locations been recorded with a GPS? Are the shape files available?

Locations of shrubs to be transplanted were recorded along the levee crown with a GPS unit, along with offsets to help locate the shrubs on the plans. The points shown on the plans for the transplants will be provided as an ESRI shape file after contract award for the contractors use. Note that these are not survey points, rather they are the points shown on the plans, the locations of which have been estimated. Refer to paragraph 3.2.2 of the PWS.

13 Will the contractor have the ability to decide which EB to transplant? For example if an EB has two trunks > 1 inch will this count as one or two shrubs?

Transplant all Elderberry shrubs indicated on the plans for transplanting. Refer also to the notes on D101. In some cases an elderberry shrub not noted on the plans at all, but existing in the immediate vicinity of a single elderberry indicated on the plans for transplanting may be required to be transplanted.

Bid to account for the indeterminate number of elderberries as noted on the plans, the task is a lump sum for the transplanting of all the elderberries in the base bid or separate option items as indicated on the plans.

14 Is the contractor expected to find and transplant new transplantable EB if previously marked EB were misidentified?

No. Transplant the elderberry shrubs per plans. Actual field numbers may vary. Bid accordingly. Line item for this task is a lump sum, so finding additional Elderberry shrubs to transplant to make up for misidentified shrubs is not required. Refer also to the notes on D101.

15 Are there any restrictions pertaining to oak tree trimming?

Reasonable trimming of limbs is permitted to allow equipment access.

Refer to Section 5.3.1, item E: in the Performance Work Statement (Minimally clear existing vegetation near elderberry shrubs which are tagged to be transplanted).

16 What is the survival rate for transplanted elderberry?

One section states 80% while another section states 50%.

80% for all periods.

17 If new elderberry are needed to achieve the plant survival standard, where is source of new elderberry for planting?

Supplemental elderberry shrubs are not required to achieve survival rate.

18 Per the plans, EB transplant receiving area A can support approximately 100 transplants. Can we transplant all plants to this receiving area?

The elderberry shrubs can be transferred to Receiving Area A if the spacing requirements conform to contract requirements. The plans indicated spacing the transplants 30’ on center along rows spaced 30 feet apart. Refer to note 1 on sheet D110 .

19 Where is the nearest source of water for irrigation for receiving area A?

Well locations have been added to plan sheet G102. Also refer to section 5.2.4.c of the PWS.

20 Is the contractor expected to eradicate other species (non-natives) during abatement?

The abatement programs pertains to only elderberry species. Refer to PWS section 5.6

21 Can chipped and mulched material be spread in the abatement zones in addition to the cleared areas?

Material can be spread in the abatement zones and cleared areas;

however, not on the adjacent road/access paths. Refer to PWS section 5.3.1.E.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 26-Nov-2018 12:00 PM to 05-Dec-2018 12:00 PM.

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Hamilton City Combined Ecosystem Restoration and Flood Risk Management

PHASE 2 ELDERBERRY SHRUB TRANSPLANTING (REV 11-27-2018)

1. GENERAL: This is a non-personnel services contract to provide for transplanting and establishment of the specified number of elderberry shrubs from areas within the project area to new locations within the project area.

Subsequent to transplanting, maintain the transplanted shrubs in good health by watering and weeding for three seasons, the first season being part of the base contract and the second and third being option items. The second and third seasons are essential to establish the transplanted elderberries in a self-sufficient state, needing no additional human intervention to survive. Additionally, there are option items for transplanting elderberries on parcels for which real estate certification in time for the advertisement and award of this contract is uncertain.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform transplanting, irrigation and weed control as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The overall Hamilton City Restoration and Flood Risk Management project site is approximately 1400 acres between Hamilton City and the Sacramento River. The overall project, which will be completed in several phases under separate contracts, consists of setback levees and ecosystem restoration between the setback levee and the river channel. Hamilton City is located in Glenn County, California, along the west bank of the Sacramento River; about 85 miles north of the City of Sacramento (see Plan Sheet G101 Project Location). The project area is bounded by the Sacramento River to the east and the Glenn Colusa Canal to the west and extends about two miles north and six miles south of Hamilton City.

The work required for this contract is to transplant and maintain elderberry shrubs that will be impacted by the construction of a new levee. The elderberries are to be transplanted in advance of the levee work. The transplantation is not mitigation for the levee work, the primary project purpose is ecosystem restoration. When completed the project will create large areas of habitat suitable for the Valley Elderberry Longhorn beetle and is therefore considered self-mitigating. The transplanting of the elderberries falls under an agreement between the USACE and USFWS for minimizing short term impacts to Valley Elderberry Longhorn Beetles arising from the project.

1.3 Objectives:

Transplanting elderberry shrubs to a new location within the project area during the plant’s dormant period of November 1 to February 15.

Nurturing the transplanted elderberry shrubs until established.

Keeping Elderberry seedlings from growing in the areas in which the elderberries were originally removed.

Abating elderberry seedlings in the designated areas.

1.4 Scope: Services include:

Develop pre-work submittals for government approval prior to starting work on site.

Obtain all necessary permits, including any reporting requirements.

Install any necessary storm water erosion and sediment control BMP’s Provide access improvements as needed to transplant the elderberry shrubs.

Clear vegetation surrounding elderberry shrubs to be transplanted as necessary.

Chip cleared vegetation and spread as mulch in areas impacted by elderberry shrub removal.

Water elderberry transplants for each maintenance season as awarded Keep weed growth controlled around each elderberry transplant.

Abate elderberry seedlings in the specified areas.

Provide records, including but not limited to: As Installed Plans, daily activity logs compiled into monthly reports, and survival records.

Successfully transplant and establish the specified elderberry shrubs, abate young elderberry seedlings in the designated areas per the contract requirements.

1.5 Period of Performance:

The Period of Performance is as follows:

Base Bid Contract Award to February 1, 2019 (*139 days) Transplanting Options Contract Award to February 1, 2019 (*139 days) 2019 Maintenance January 1st 2019 to December 31st 2019 (365 days) 2020 Maintenance January 1st 2020 to December 31st 2020 (365 days) 2021 Maintenance January 1st 2021 to December 31st 2021 (365 days) *Assumed contract start date of October 15, 2018

1.6 General Information

1.6.1 Quality Control: The Contractor will establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP will be forwarded to the KO along with the requested initial quotation.

The KO will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary.

The Contractor’s QCP will include the following or have incorporated into during performance of contract, at a minimum:

1. An inspection plan covering all services required by this contact. The inspection plan must specify the areas to be inspected and associated schedule for those inspections. The schedule will include the days and times of inspections and specify the title of the individual(s) who will perform the inspections.

2. Records of all on-site inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

3. Incorporation of established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

4. The methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

5. Records identifying the positions held, area of expertise, certifications and ongoing training of each employee performing services under this contract.

6. A log to account for all requests for immediate service. The log will indicate the date and time of services, and description of results and completion of these services.

7. Records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

The QCP will be electronically delivered to the COR within 30 days of award. QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The contractor may use his discretion regarding the choice to work on recognized holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 6:00 am and 8:00pm. The contractor is required to adhere to any local ordinances regarding noise and/or work hours. The Contractor must at all times maintain an adequate workforce for the completion and performance of all tasks defined within this PWS within the periods of performance required under this contract. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Phase 2 areas of the Hamilton City Combined Ecosystem Restoration and Flood Risk Management Project. Hamilton City is located in Glenn County, California, along the west bank of the Sacramento River; about 85 miles north of the City of Sacramento (see Plan Sheet G101 Project Location). The project area is bounded by the Sacramento River to the east and the Glenn Colusa Canal to the west and extends about two miles north and six miles south of Hamilton City.

1.6.6 Type of Contract: The government will award a Service contract for the work to be performed.

1.6.7 Security Requirements: Contractor personnel performing work under this contract must have a contractor’s license at time of the proposal submission.

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. The contractor is responsible for providing the necessary security to safeguard its company equipment and assets during the period of performance.

1.6.8 Special Qualifications: The contractor is responsible for ensuring the following individuals are on site:

An Elderberry Transplant specialist with 3 years of experience successfully transplanting elderberries in accordance with the US Fish and Wildlife Service’s 1999 Conservation Guidelines for Valley Elderberry Longhorn Beetle the 2017 Framework for Assessing Impacts to Valley Elderberry Longhorn Beetle, and ANSI A300 (Part 6) guidelines for transplanting woody species.

A Biological Monitor(s). The Contractor shall provide a USFWS approved biological monitor(s) for giant garter snake monitoring as needed.

A Qualified Storm Water Developer (QSWD) and a Qualified Storm Water Practitioner (QSWP) who meet the qualifications outlined in 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).

A Site Safety & Health Officer (SSHO) with training, experience, and qualifications in Accordance with

EM 385‐1‐1.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Monitoring for Cultural Resources: The Contractor shall notify the USACE Archaeologist no fewer than 48 hours prior to conducting any potentially ground disturbing activities. The USACE Archaeologist will coordinate with the Government-provided Archaeological Monitor to be on-site during ground-disturbing work. If human remains are discovered in the course of work, all work within 100 meters of the discovery shall stop. Once the human remains are positively identified by the on-site Archaeological Monitor, the Contractor shall immediately contact the COR, the USACE Archaeologist, 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 meters 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.

1.6.12 Coordinating with Ongoing Levee Construction and Planting Operations : The contractor will coordinate with any on-going levee construction and revegetation planting operations for the Hamilton City Project to minimize logistical conflicts and schedule delays. Actual construction of the new levee and removal of the existing levee under the separate levee construction contract is anticipated to start in the fall of 2019.

1.6.13 Staging Area Setup: Setup the staging area(s) that containing all appropriate temporary facilities needed to install and maintain the project, including at a minimum, storage containers, drinking water and sanitation stations.

The contractor may install temporary fencing to protect the staging area from public access at their own discretion.

The contractor is responsible for providing the needed security measures for protecting their equipment and materials present on the site.

1.6.14 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager, Supervisor/CQC Systems Manager, Jobsite Foreperson, Safety and Health Manager; Project Site Manager, QSD & QSP, Biological Monitor, Elderberry Transplant specialist, Weed Control Specialist, Weed Control Applicator(s), Industrial Hygienist or Equivalent:

(a) Contract Manager: The Contractor shall provide a Contract Manager (CM) who is responsible for the administration of the contract, ensuring requirements are performed as per contract. The name of this person (and an alternate who shall act for the Contractor when the CM is absent) shall be designated in writing to the Contracting Officer. This CM shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract. The CM shall have experience managing contracts with the Federal government. The CM or alternate shall be available between 9:00 a.m. to 4:00 p.m., Monday through Friday, except Federal holidays or when the Government facility is closed for administrative reasons.

(b) Supervisor/CQC Systems Manager: The Contractor shall provide a full time Supervisor who may also serve as the Quality Control (QC) Manager.. The Supervisor shall be responsible for oversight in carrying out the directions of the CM as it pertains to the contract requirements. The CQC manager shall ensure quality control of all project requirements and reporting to the CM in a timely manner. The

Supervisor/CQC Systems Manager shall have a minimum five years experience supervising similar or same projects. The Supervisor/CQC Systems Manager cannot be the Contract Manager.

(c) Jobsite Foreperson: The Jobsite Foreperson (JF) shall be responsible for carrying out the Supervisor’s orders and for handling crews installing and maintaining the contract requirements. The JF shall be on site at all times during orchard removal or commencing new tasks. The JF shall be responsible for ensuring crews adhere to all best management practices in place to protect the environment, and shall have three years of experience leading field personnel on similar type projects. For those repetitive service activities that require only one or two persons; such as, mowing, herbicide application etc., a JF does not have to be present except at commencement of that task.

(d) Site Safety & Health Officer (SSHO): The Contractor shall provide a person as the Site Safety and Health Officer and ensure that they or an equally‐qualified designated alternate SSHO is at the work site at appropriate times in which high risk work is being performed, including but not limited to orchard removal, tree disposal and application of herbicides that require the presence of an industrial hygienist. The SSHO may also be appointed to other duties in relation to this PWS and contract, however shall be available as stated in the preceding sentence. No SSHO is required for routine, repetitive, service related work, such as planting, watering, weeding, mowing, spraying, cleanup, and reporting. The SSHO’s training, experience, and qualifications shall be IAW EM 385‐1‐1. 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.

(e) QSD & QSP: The Contractor shall provide a Qualified Storm Water Developer (QSWD) and a Qualified Storm Water Practitioner (QSWP) whom shall meet the qualifications as outlined below. Both roles may be filled by one person.

Qualified SWPPP Developer (QSD) Ensure that SWPPPs are written, amended and certified by a QSD. A QSD shall have one of the following registrations or certifications, and appropriate experience, as required for:

A California registered professional civil engineer;

A California registered professional geologist or engineering geologist;

A California registered landscape architect;

A professional hydrologist registered through the American Institute of Hydrology;

A Certified Professional in Erosion and Sediment Control (CPESC) (TM) registered through

Enviro Cert International, Inc.;

A Certified Professional in Storm Water Quality (CPSWQ) (TM) registered through Enviro Cert

International, Inc.; or A professional in erosion and sediment control registered through the National Institute for

Certification in Engineering Technologies (NICET);

The QSD shall be available throughout the life of the project to review and amend the SWPPP when necessary. Provide a copy of the QSD's certification within the SWPPP. Obtain the QSD Certification from the California Stormwater Quality Association (CASQA) or SMARTS.

The QSD shall be actively involved in the project throughout the life of the contract. The QSD shall inspect the site in person prior to SWPPP development to aid in the creation of the site specific SWPPP.

The QSD shall regularly assess the SWPPP and amend it as needed during active construction periods.

Verification of the QSD's inspections and SWPPP assessments shall be documented in the SWPPP. The QSD shall inspect the site in person prior to certification/submittal of the Notice of Termination (NOT).

Qualified SWPPP Practitioner (QSP) Ensure that all BMPs required by the CSWRCB CGP are implemented by a Qualified SWPPP Practitioner (QSP). A QSP is a person responsible for non-storm water and storm water visual observations, sampling and analysis. A QSP shall either be a QSD or have one of the following certifications:

A certified erosion, sediment and storm water inspector registered through Enviro Cert International, Inc.; or

A certified inspector of sediment and erosion control registered through Certified Inspector of Sediment and Erosion Control, Inc.

The QSP shall be available throughout the life of the project to address and implement the SWPPP when necessary. A copy of the QSP's certification shall be provided in the SWPPP. Obtain the Certification from the California Stormwater Quality Association (CASQA)or SMARTS to be valid.

(f) Biological Monitor(s). The Contractor shall provide a USFWS approved biological monitor(s) for giant garter snake monitoring, as needed. The monitor(s) shall possess at minimum: a bachelor's degree in biology, or equivalent; field and survey experience with GGS and/or migratory passerine and/or raptor species as required by the particular monitoring being performed. The Biological Monitor(s) shall have a minimum of three (3) years field experience monitoring migratory birds, giant garter snakes, and must be certified by the USFWS service for the type of monitoring being performed.

(g) Elderberry transplant specialist: The Elderberry Transplant specialist shall be responsible for the transplanting of the elderberries. The elderberry transplant specialist shall have 3 years experience successfully transplanting elderberries in accordance with the US Fish and Wildlife Service’s 1999 Conservation Guidelines for Valley Elderberry Longhorn Beetle , the 2017 Framework for Assessing Impacts to Valley Elderberry Longhorn Beetle, and ANSI A300 (Part 6) guidelines for transplanting woody species.

(h) Weed Control Specialist: The weed control specialist shall have experience of a minimum of 3 years of weed control in orchards, agricultural fields or with California native plant revegetation projects. The weed control specialist shall be a licensed herbicide applicator in the state of California. The Weed Control specialist shall be responsible for planning and overseeing application of herbicides and mowing for control of weeds.

(j) Industrial Hygienist or Equivalent: The Industrial Hygienist shall be responsible for completing The Health Hazard Control Program. The Industrial Hygienist must be certified by the American Board of Industrial Hygiene (ABIH) and have the experience and knowledge to assess exposures to the pesticides being used and recommend controls for the exposures.

1.6.15 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 EPA Designated Products: The project does not provide the opportunity to procure sustainable products.

1.6.18 State of California, Department of Parks and Recreation Right of Entry Permit Requirements: A small portion of the work will be conducted within the State of California, Department of Parks and Recreation, Irvin Finch River Access park. An access permit has been obtained by Levee District 2140 for the purposes of contractor access to the park site for necessary elderberry transplant. A copy of the permit will be shared with the successful contractor.

Reservation of Rights: The State of California, Department of Parks and Recreation reserves the right to use the Property in any manner, provided such use does not unreasonably interfere with Permittee's (Levee District 2140) rights herein.

Notice of Work: Any required notices to State shall be sent to the State authorities in charge of Bidwell-

Sacramento River State Park’s Irvine Finch Unit named below. At least forty-eight (48) hours prior to any entry upon the Property for any of the purposes hereinabove set forth, Permittee shall provide the State contact[s] named below with written notice of Permittee’s intent to enter the Property. Permittee shall also notify the State contact[s] listed below in writing at least forty-eight (48) hours prior to any change in the Project schedule or cessation or completion of work. Should State personnel need to contact Permittee, State shall notify Permittee’s contact person listed below:

STATE: PERMITTEE’S CONTACT:

Contact: Matt Teague, Contact: Reclamation District 2140 District Superintendent, Northern Buttes President, Lee Ann Grigsby-Puente Address: 400 Glen Drive Address: P.O. Box 758 Oroville, CA 95966 Hamilton City, CA 95951 Telephone: (530) 538-2210 Telephone: (530) 826-4755

Limits of Work: In no event shall this Permit authorize work in excess or contrary to the terms and conditions of any regulatory agency permit or approval. Under no circumstances, whether or not authorized by any regulatory agency, other permit or any person or entity other than State, shall work exceed that which is authorized by this Permit.

Public Safety: Permittee shall erect orange plastic temporary construction fencing, or similar material, and appropriate signage prior to commencement of work to prevent public access into the construction zone.

Permittee shall remove such fencing within two (2) days after the completion of work. Permittee shall take, and shall cause its contractors or subcontractors to take, any and all necessary and reasonable steps to protect the public from harm in connection with the Project or implementation of this Permit.

Restoration of Property: Permittee shall complete any required restoration, repair, and revegetation of the Property in consultation with, and to the satisfaction of, the State Environmental Scientist within one

(1) year after completion of the Project or the expiration or termination of this Permit, whichever comes first. This includes backfilling all holes and removal of any trimmed vegetation. This obligation shall survive the expiration or termination of this Permit.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. 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.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall 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 implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

2.1.6. KEY PERSONNEL. 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.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government, State, and local real properties and assets.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

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

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis APP Accident Prevention Plan AR Army Regulation BMP Best Management Practice (used in context of erosion control for compliance with storm water pollution requirements) CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation GDA Government Designated Authority HIPAA Health Insurance Portability and Accountability Act of 1996 IAW In Accordance With

KO Contracting Officer NOI Notice of Intent (California General Storm water Construction Permit related) NOT Notice of Termination (California General Storm Water Construction Permit related) OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PEL Permissible Exposure Limit PIPO Phase In/Phase Out 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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide an Archaeological Monitor for the period of performance.

3.2 Digital Data:

3.2.1 Upon contract award, the Government will provide ESRI GIS shapefiles and AutoCADD polygons for the elderberry abatement areas, and weed control areas. These are for the purpose of physically marking in the field the extents of these areas by use of GPS

3.2.2 Upon contract award, the Government will provide ESRI shape files of the transplant locations as shown on plans. The locations shown on the plans are estimated locations, based on points taken on the levee crown approximately perpendicular to the shrub locations. The distance from the edge of the levee crown or levee toe was estimated for each point and the location was interpreted on the plans based on LIDAR survey contour data and aerial imagery.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.4. Equipment: The Contractor shall provide all equipment necessary for the execution of the contract objectives.

4.3. Materials: The contractor shall provide all materials necessary for the execution of the contract objectives.

4.4 Digital Data: The contractor shall provide all digital data necessary for the production of as-built plans. This includes, but is not limited to aerial imagery.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Contractor is responsible for providing all services, equipment, materials, and personnel required to complete the following:

5.2 Pre-Work Submittals & Site Set Up

5.2.1 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 1.6, herein, for more specific requirements.

c) Safety Submittals:

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. Refer to Technical Exhibit 4 for the CESO Checklist Accident Prevention Plan.

1. 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.

2. 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.

3. 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/Publications/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…