PWS Revised 8OCT2020.pdf

20 August 2020 8 October 2020

This revised PWS dated 8 October 2020 supersedes PWS dated 20 August 2020.

PERFORMANCE WORK STATEMENT (PWS)

WRDA 16 SACRAMENTO RIVER EAST LEVEE PROJECT (SREL) PHASE 2

TREE SERVICES - CUTTING AND TRIMMING

ELDERBERRY TRANSPLANTING

1.0 GENERAL:

This is a non-personnel services contract to provide firm fixed priced for tree removal and trimming services. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. This performance-based service contract provides potential offeror’s 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 Statement of Work that the Government traditionally provides to prospective offeror’s.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, portable facilities, transportation, tools, materials, supervision, necessary permits, and other items and non-personal services necessary to perform the tree removal and trimming, and elderberry transplant as defined in this Performance Work Statement (PWS). The contractor shall make all necessary arrangements for removal of the removed tree material needed for completing the work. The contractor shall perform to the standards in this contract and plan, coordinate, organize, manage, and perform the activities described herein.

Removal and trimming of the designated trees and elderberry transplant serves two purposes: Prevent spring time nesting of listed or endangered bird species; and the preparation of the levee for repair activities. The required contractual tasks shall be performed during the period of performance. 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.

1.2 Background: The project action is a component of a large area system levee repair effort.

1.3 Objectives:

The objective of this performance work statement the following items.

Base Contract:

Remove 28 and trim 74 trees to prepare the project site for levee improvements. (Refer to Exhibit A)

Transplant (2) elderberry shrubs to a new location within the project area during the plant’s dormant period of November 1 to February 15. (Refer to page 7 of Exhibit A and Exhibit C.

Refer to Exhibit D for Receiving Area Location)) Elderberry Lat/Long Coordinates:

Elderberry #1: 38°30'58.27"N 121°32'9.90"W along the Sacramento East Levee

Elderberry #2: 38°34'21.22"N 121°25'24.63"W along the American River East Levee

Option 1: APN 009-0012-065 (Refer to page 2 of Exhibit A) Trim 1 tree

Option 2: APN 009-0012-030 (Refer to page 2 of Exhibit A)

Trim 2 trees

Option 3: 030-0041-048 (Refer to page 8 of Exhibit A)

Remove 1 trees Trim 5 trees

Option 4: APN 030-0401-033 (Refer to page 8 of Exhibit A)

Option 5: Sac RM 55.2 (Refer to Exhibit B)

Remove 66 88 Trees

Option 6: Cut down the 1 designated tree and leave stump 3 feet off the ground surface. Option Item 6 is executable up to 5 times.

Option 7: Cut down the 3 designated trees and leave stumps 3 feet off the ground surface. Option Item 7 is executable up to 5 times.

Option 8: Cut down the 2 designated trees and leave stumps 3 feet off the ground surface. Option Item 8 is executable up to 5 times.

Option 9: Cut down the 1 designated tree and leave stump 3 feet off the ground surface. Option Item 9 is executable up to 4 times.

Option 10: Trim 1 trees which have limbs and foliage protruding into the levee degrade area. The levees within the project foot print will require removal of half the height of the structure. A vertical line of removal will extend from the end of levee degrade on land and water sides. Or trim rim trees at haul and access routes to provide 15 feet of vertical clearance above ground levels.

Option Item 10 is executable up to 3 times.

Option 11: Trim 2 trees which have limbs and foliage protruding into the levee degrade area. The levees within the project foot print will require removal of half the height of the structure. A vertical line of removal will extend from the end of levee degrade on land and water sides. Or trim rim trees at haul and access routes to provide 15 feet of vertical clearance above ground levels.

Option Item 11 is executable up to 3 times.

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.

Successfully remove and trim designated trees.

Successfully transplant and establish the specified elderberry shrubs.

Provide records, including but not limited to: As Installed Plans.

1.5 Period of Performance:

Base Contract – November 01, 2020 through February 15, 2021 Exercise Option 1 through 56 - November 01, 2020 through February 15, 2021 Exercise Option 67 through 11 - November 01, 2020 through July 31, 2021

1.6 Project Schedule: Develop a schedule and submit to the Contracting Officer’s Representative (COR) for approval. The schedule shall be submitted at the pre-work meeting or 15 calendar days from award of contract, whichever occurs first.

The work described herein will be completed in two phases.

First Phase - Submittal period (30 days maximum) Second Phase – In-field tree felling, trimming, and removal work (76 days maximum)

1.7 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

1.8 Hours of Operation:

The contractor is responsible for conducting business, between the hours of 7:00 am and 5:00 pm Monday thru Friday except Federal holidays. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.9 Place of Performance: The work listed in this PWS will be performed at specific reaches within in WRDA 16 Sacramento River East Levee Project sites along Sacramento River (from the confluence of the American River to the town of Freeport, CA). Refer to Exhibit A for Reach locations.

1.10 Special Qualifications: The Contractor is responsible for ensuring that a certified arborist is on site to direct the project work.

1.11 Type of Contract:

This is a Firm Fixed Priced type contract. USACE contracting reserves the right to de-scope CLIN line items.

1.12 Post Award Conference:

Post Award Conference: 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 with the contractor to review the contractor's performance. At these meeting(s) 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.

1.13 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.

1.14 Travel: Contractor Travel is non-reimbursable. Travel is Not Separately Priced.

1.15 Contract Discrepancy Process:

1.15.1 The issuance of a Contract Discrepancy Report (CDR) may be cause for scheduling a meeting among the Contractor and KO. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor and KO will sign minutes of the meeting(s).

1.15.2 State in writing to the KO, within ten calendar days, any areas in the minutes he does not concur with and explain non-concurrence. The KO will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Office will notify the Contractor of the decision in writing within ten calendar days.

1.15.3. Actions:

1.15.3.1 The KO will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the KO checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

1.15.3.2 If the Government created any of the discrepancies, these will not be counted against the Contractor’s performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the KO will forward a written notice to the responsible organizational element requesting corrective action be taken.

1.15.3.3 When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue a CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded. When a CDR is issued for a service, the KO will withhold payment until the work has been satisfactorily completed.

1.15.3.4 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued.

1.15.3.5 A third CDR will be the cause for a Cure Notice. However, the KO may issue a Cure Notice at any time he/she deems appropriate. Depending on the overall performance of the

Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the Contract.

1.16 Key Personnel: The follow personnel are considered key personnel by the government. If contractor wishes to substitute key personnel the resume of the new personnel shall be provided to the COR who will request Contracting Officer’s approval. Qualifications for all minimally required key personnel are listed below:

1.16.1 Site Safety and Health Officer (SSHO): The SSHO shall be responsible for overall technical management of safety and health related aspects of this contract. Provide a person as the Site Safety and Health Officer (SSHO) 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. The SSHO may also be appointed to other duties in relation to this contract, however must be available as stated in the preceding sentence. The SSHO must be trained, experienced, and qualified in accordance with EM 385‐1‐1 paragraph 01.A.17. Provide a competent person for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan. The SSHO must have the following qualifications:

o Certification IAW EM 385-1-1 paragraph 01.A.17.

o Four (4) years of working experience relating to the assessment of facilities for safety/health compliance.

o Two (2) years of experience in subject area.

1.16.2 Certified Arborist: The certified arborist will be responsible for the overall physical procedural related aspects of the tree service components within this contract. The individual must have the following qualifications:

o Certified Arborist o California D-49 Tree /service state contractor license o Seven years minimum experience

1.16.3 Superintendent: The superintendent shall be responsible for oversight in carrying out the directions of the certified arborist as it pertains to the contract requirements. The superintendent is responsible to insure compliance with the requirements identified in the scope of work and the Contractor Quality Control Plan. The certified arborist can assume the superintendent for; or an individual with three (3) years minimum field experience is required. The experience must be in similar projects ensuring that the work, to include that of subcontractors and suppliers, complies with the requirements of the contract. Their responsibilities shall include:

o Preparation of submittals o Inspection of materials and equipment received on-site to assure compliance with contract requirements o Inspection of on-site laboratory equipment and safety and health equipment to assure proper operation and accuracy, o Inspection of field activities o Supervision of quality control testing as required by the contract documents o CPR and first aid certified

1.16.4 Tree Workers: The tree workers shall be responsible for climbing, lift work, and saw running. The individual must have the following qualifications:

o Certified tree worker climber specialist o Eighteen months minimum relevant and pertinent experience

1.16.5 Field Staff: Field personnel, including those listed above, shall meet the training, medical surveillance, and safety and health program requirements specified in all appropriate OSHA standards. The Contractor shall ensure that all personnel involved in the performance of the work meet the above safety and health requirements and that adequate documentation is available for the KO’s review. If adequate documentation is not made available personnel shall not be allowed on-site. Employees shall also meet any USACE required training for the project. All field staff, both contractor and all tier subcontractor personnel, are responsible for understanding and complying with all requirements of the contractor's approved Site Safety and Health Plan.

1.16.6 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.

1.17 Identification of Contractor Employees: All contract personnel attending meetings 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.

1.18 Standards of Employee Conduct: Personnel are required to adhere to the following standards of dress and conduct while performing work at the project sites. These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM385-1-1, 30 November 2014.

Be equipped at all times with personal protective and safety equipment. Hard hats and steel-toed shoes are required in accordance with EM385-1-1 OSHA requirements. Contractor employees will maintain personal hygiene.

Loud or boisterous behavior or use of profane or abusive language are not permitted.

Intoxicating beverages and/or drugs at the work site are not permitted.

Possession of weapons is prohibited.

1.19 Parking Regulations: Contractor employees may park privately owned vehicles in the area designated for parking by the COR. Contractor shall ensure employees park in the appropriate designated parking areas at time of task order. The Government will not invalidate or make reimbursement for parking violations under any conditions.

1.20 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.21 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 - Organizational and Consultant Conflicts of Interest. 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 enact 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.

1.22 Archaeological Finds/Historic Preservation: Where the Contractor or any of the Contractor’s employees, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, immediately stop work within 100 feet of the find and notify the Contracting Officer verbally, and then with a written follow up. Archeological and historic work will be carried out by, or under the direct supervision of a person or persons meeting qualifications set forth in the Secretary of the Interior’s Professional Qualification Standards (36 CFR Part 61). Fence all culturally sensitive and Government designated cultural resource sites prior to undertaking work in the vicinity of these areas as directed. Encircle area with a temporary protection fence. The Government will provide cultural sensitivity training to all work personnel prior to work activities, if deemed necessary. Upon completion of work activities, remove the fencing and discard offsite.

1.23 Environmental and Biological Considerations: All tree service work will be conducted for the base and option tasks 1-56 between 01 November 2020 through February 15 2021. Options 67-11 will be conducted between 01 November 2020 through 31 July 2021. year. Minimize interference, disturbance, and damage to fish, wildlife, and plants including their habitat. Be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, State, Regional, and local laws and regulations.

Elderberry Shrubs: Elderberry shrubs will not be trimmed, cut down, or damaged by felling or trimming activities. The contractor will maintain a 20 foot separation zone between elderberry species and work activities. Consult with the USACE environmental representative when the 20 foot separation is not possible.

Special Status Bat mitigation BMP measures Implement the following measures to minimize impact to special status bat species. Contractor will coordinate with USACE and DWR environmental personnel for trees with bat habitat. Eighteen (18) trees have been marked. Confirmation of trees with bat habitat and accompany map will follow in November. The following procedure will occur for the eighteen (18) trees within the Phase 2 tree service contract with bat habitat:

The first day, under the supervision of the designated biological monitor, remove limbs and branches that do not contain cavities, cracks, crevices, or deep bark fissures that can provide roosting habitat.

On the second day remove the remainder of tree, under the supervision of the designated biological monitor.

For Standing dead trees, with cavities, cracks, crevices, or deep bark fissures, remove surrounding trees on the first day. Remove the standing dead tree on the second day.

For trees identified as containing potential roosting habitat that will be trimmed, trimming shall be conducted in the presence of a biological monitor. Removed material shall be examined by the biological and monitor, and any bats killed shall be reported to USACE.

If trees must be removed during bat pupping season (April 1st through August 31st), within 30 days of tree removal, any trees indicated as suitable bat roosting habitat must be surveyed by the designated biological monitor (USACE) for active maternity roosts prior to removal.

1.24 Coordination with Levee Districts: The contractor will coordinate with USACE personnel prior to commencement of work for right of entry documentation. The contractor, levee district personnel, and USACE representatives will agree upon work area, work window, points of ingress and egress, bike trail/pedestrian traffic control, vehicular traffic control, and methods of work area security/demarcation.

1.25 Payment and Invoices: Submit invoices no more often than monthly. Give a detailed description of the Contract line item number (CLIN) on an invoice. Upon receipt, the Contracting Officer Representative (COR) will certify that the requested earnings are appropriate before payment will be made. Include all necessary information on the invoice, including any necessary supporting documentation required as part of this Performance Work Statement. Provide the contract number on each invoice. Mark the final invoice “FINAL.” Provide copies of all invoices and work summaries to the following:

First Step: Email a “draft” invoice to the COR prior to the original invoice being sent to Millington. This representative will inspect completed work as stated on the invoice and then submit to the Contractor a confirmation notice or temporary denial of payment until work is completed. After the COR has prepared a receiving report, the Contracting Officer Representative Tracking (CORT) tool will notify the contractor that their invoice is approved and can be emailed the payment center in Millington, Tennessee. Invoice emailed to Millington prior to approval or creation of a receiving report will be denied payment.

Second Step: Following the COR notification of an approved invoice and the creation of a receiving report, submit the original invoice only, without additional information or supporting documentation, to the following email address: CEFC-Payments@usace.army.mil

Physical Address:

USAED, Finance Center

Attn: CEFC-FP 5722 Integrity Dr.

Millington, TN 38054-5005

Provide each invoice with a date, a unique invoice number, contract number, company name, USACE project name, as well as, CLIN number, task description and amount being billed against. Also include a billing summary history of all preceding invoices billed. The contractor may request a template invoice from the COTR if necessary. Invoicing will follow the specific format outlined above.

1.26 Authorities/Technical Direction: Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule.

Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the Contract action before any changes can be made. Comply with the Changes clause of this Contract when direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer. Report any direction given by any Government employee or any other person outside their authority to the Contracting Officer.

2. DEFINITIONS:

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.

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

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 quote.

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

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

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.

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

WORK DAY: 7:00 am and 5:00 pm Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings

3. 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 KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs 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

4. PRE-WORK SUBMITTALS:

Provide all submittals to the COR. Provide submittals in electronic format within one month of contract award. Field work will commence after all submittals are reviewed and accepted by the government.

Project Schedule: Provide a detailed project schedule showing the timing and duration of all contract line items and any other necessary detail. 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.

o Develop a schedule and submit to the Contracting Officer’s Representative

(COR) for approval. The schedule shall be submitted at the pre-work meeting or 30 calendar days from award of contract, whichever occurs first. Provide Schedule in Excel spreadsheet format.

Performance Work Plan: Provide a work plan addressing the 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 to the COR in electronic format with monthly invoices.

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. Develop and maintain a complete QCP to assure the requirements of this contract are provided as specified.

The COR will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. The Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

o An inspection plan covering all services required by this contact. The inspection plan shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished and documented, and specify the title of the individual(s) who will perform the inspections.

o Provide on-site records of all inspections conducted noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

o Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

o On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

o On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

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 Refer to Attachment E - CESO Checklist – Accident Prevention Plan inclusion items.

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.

Perform training and safety precautions for employees working under these specifications. OSHA standards shall be observed in all work performed.

Appropriate safety equipment shall be furnished and used as prescribed by OSHA and EM 385-1-1 standards, including hard hats, safety shoes, safety glasses, high visibility apparel meeting ANSI/ISEA 107, Performance Class 2, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to:

National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire Extinguishers.

Occupational Safety and Health Administration (OHSA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

Site Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

Include a traffic control plan which will be coordinated with applicable local jurisdiction through USACE as necessary for the tree service activities.

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, specifically Section 31Tree Maintenance and Removal.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerMa nuals/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) 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): A Spill Control Plan: including procedures, instructions, and reports to be used in the event of an unforeseen chemical spill.

ANTITERRORISM/OPERATIONS SECURITY: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

5.0 Tasks:

5.1 Felling Trees Base Contract: Cut down the 106 designated trees and leave stumps 3 feet off the ground surface. Cut up and remove all wood, branches and twigs from site and dispose at an approved offsite disposal facility. Clean up site of all debris and leaves and leave in a neat appearance. Restore and repair impacts made to the soil, pavement, and fences damaged or impacted during work operations. Rubber tract, low impact equipment shall be used for all work.

Coordinate all tree removal with COR prior to cutting trees. USACE will mark all trees slated for removal prior to work window in association with the Contractor. Work window is November 01, 2020 through February 15, 2021. Refer to Exhibit A – Felling trees are designated by red dots.

Removal of trees at the 55.2 site are designated by an ‘x’ on plans.

5.2 Tree Trimming Base Contract:

Trim 82 trees which have limbs and foliage protruding into the levee degrade area. The levees within the project foot print will require removal of half the height of the structure. A vertical line of removal will extend from the end of levee degrade on land and water sides. Trim trees at haul and access routes to provide 15 feet of vertical clearance above ground levels. Work window is November 01, 2020 through February 15, 2021. Refer to Exhibit A – trim trees are designated by green dots.

5.3.1 Elderberry Shrub Transplants:

Transplant 2 designated elderberry shrubs as defined within the 2017 USFWS Guidelines. Protect existing vegetation and significant site features which will remain in place and install temporary SWPPP BMP’s as necessary to prevent erosion from storm water. Provide a separate price for each elderberry shrub.

Identify by tagging (with aluminum plant tags) elderberry shrubs that will be transplanted. Tags must not be nailed into shrubs, but rather must be attached via wire ties. In coordination with the

Contracting Officer’s Representative (COR) mark the areas which will receive the transplants.

Document the location of each tagged elderberry shrub transplant with a GPS coordinate which will be included on the As-built plans.

Prior to transplanting the elderberries, survey the extents of the canopies of the elderberries that are to be transplanted. The minimum requirement is sub-meter accuracy GPS. Areas where GPS satellite coverage is insufficient should be estimated from ground observations. Provide a GIS shapefile or AutoCADD file with polygons showing the extent of the canopy coverage. All files should be georeferenced in California State Plane Coordinate System, Zone 2, NAD 1983, in US Survey feet for review by the COR prior to starting transplanting. No aerial imagery background is required for this submittal. Transplanting shall not commence until the canopy survey is reviewed and accepted by the COR.

Instruct work crews about the status of the beetle and need to protect the Elderberry host plant, including the possible penalties for not complying with USFWS 1999 Conservation Guidelines for Valley Elderberry Longhorn Beetle (Guidelines) requirements.

Coordinate with the COR for designated receiving area within the Beach/Stone Lake re-vegetation project.

Provide all necessary access to carry out transplanting and maintenance of transplanted shrubs.

Minimally clear existing vegetation near elderberry shrubs which are tagged to be transplanted.

Vegetation clearing may include creating a pathway for equipment and worker access. Move as needed, woody debris from dead trees to create access aside without blocking access for any other legitimate use of the property. Provide and remove any temporary access ramps needed for access to elderberry shrubs. Vegetation removed to access the shrubs will be chipped on site for mulch. Access method shall provide sufficient width and load bearing capacity for all equipment used under this contract. Access method shall maintain flow capacity of ditches. Repair and mend all chain link fencing which requires dismantling for access. Access method shall not erode or otherwise be damaged by normal expected flows in existing drainage ditches.

All transplant efforts shall be in compliance with the BO and the sections of the USFWS 2017 Conservation Guidelines for Valley Elderberry Longhorn Beetle (Guidelines) concerning actual removal and replanting of shrubs to be transplanted, and the most current version of the ANSI A300 (Part 6) guidelines for transplanting (http://www.tcia.org/). Sections concerning mitigation ratios, planting of associates and spacing of transplants and monitoring are not relevant to this contract. To the extent possible relocate the elderberry transplants equally between the elderberry transplant receiving areas shown in Exhibit A. Location to be determined by SAFCA within re-vegetation site plans. Transplant activities shall be completed no later than February 15, 2020. In the event of potential transplant schedule delays immediately contact the COR.

Backfill pits left from removing elderberry shrubs immediately after shrub removal with satisfactory material. Satisfactory material is defined as soil with a minimum of 30 percent passing the No. 200 sieve when tested in accordance with ASTM C136 and with a Liquid Limit less than or equal to 45 when tested in accordance with ASTM D4318. Satisfactory material shall be placed in the pit in 6 inch loose lifts, lightly moistened, and compacted with a hand-operated soil compactor until there is no visible soil deflection upon further compaction or for 5 minutes, whichever occurs first. Re-grade former filled planting pit to match original contours.

Clean –up after installation of elderberry transplants. Remove all trash and temporary fencing.

Remove all SWPPP BMP’s that are no longer needed, such as vehicle tracking pads etc.

Vegetation cleared to access elderberries may be chipped or shredded and spread as mulch over cleared areas, or removed from the site and disposed of legally.

Elderberry Transplant As-Installed Plans: Provide As-built plans identifying the location of each relocated elderberry shrub. Provide the Government 3 hardcopies of the As-built plans and 2 CD’s containing a Autocad version of the As-built plans with GPS points for each tagged transplant. The as-built plans must be correctly geo-referenced in Zone 2 California State Plane Coordinate System, NAD 83, US Survey Feet. Include the mapping of the canopy coverage overlaid with a recent aerial imagery background as part of the as-built plans. The total area of the canopy should be included on the as-built plans. The as-built drawings should show the entire area shown on the plans provided to the contractor as part of the contract at a scale no smaller than the scale of the contract plans. At the contractors request the government will provide the contractor with Autocad files of the contract plans. These drawings may be used as the basis of as built drawings. Elderberry Transplants from option items that have been exercised will be incorporated into this task item.

Work window is November 01, 2020 through February 15, 2021. Refer to Exhibit A – elderberry transplant shrubs are designated by purple dots.

6.0 Option Items:

Option Item 1: APN 009-0012-065 (Refer to page 2 of Exhibit A) Trim 1 tree

Option Item 2: APN 009-0012-030 (Refer to page 2 of Exhibit A)

Option Item 3: 030-0041-048 (Refer to page 8 of Exhibit A) Remove 1 tree Trim 5 trees

Option Item 4: APN 030-0401-033 (Refer to page 8 of Exhibit A)

Option Item 5: RM 55.2 (Refer to Exhibit B) Remove 6688 trees

Option Item 6: Cut down the 1 designated tree and leave stumps 3 feet off the ground surface.

Option Item 61 is executable up to 5 times.

Option Item 7: Cut down the 3 designated trees and leave stumps 3 feet off the ground surface.

Option Item 72 is executable up to 5 times.

Option Item 8: Cut down the 2 designated trees and leave stumps 3 feet off the ground surface.

Option Item 83 is executable up to 5 times.

Option Item 9: Cut down the 1 designated tree and leave stump 3 feet off the ground surface.

Option Item 91 is executable up to 4 times.

Option Item 10: Trim 1 trees which have limbs and foliage protruding into the levee degrade area. The levees within the project foot print will require removal of half the height of the structure. A vertical line of removal will extend from the end of levee degrade on land and water sides. Or trim rim trees at haul and access routes to provide 15 feet of vertical clearance above ground levels. Option Item 105 is executable up to 3 times.

Option Item 11: Trim 2 trees which have limbs and foliage protruding into the levee degrade area. The levees within the project foot print will require removal of half the height of the structure. A vertical line of removal will extend from the end of levee degrade on land and water sides. Or trim rim trees at haul and access routes to provide 15 feet of vertical clearance above ground levels. Option Item 116 is executable up to 3 times.

7.0 Army Contractor Manpower Reporting (Cmr) Requirement:

The following sets forth contractual requirements for reporting of Contractor manpower in support of the Army’s Contractor Manpower Reporting requirement. See sample CMR worksheet under Attachment D.

6.1. Reporting is accomplished electronically by direct Contractor submission to a secure Army website. The Contractor Manpower Reporting Application (CMRA) Version 3.0 is a business process for collecting information on contracts that provide services to the Department of the Army. The Army operates and maintains a secure data collection site where Contractors must report all Contractor manpower (including subcontractor manpower) required for performance of contracts subject to the CMR requirement.

6.2. Reporting is accomplished by direct data entry into a secure Army website found at http://www.ecmra.mil. Contractors must register in this system. You are referred to the Contractor and Subcontractors Users Guides and the FAQ’s available at this website for detailed information and instructions pertaining to registration for and data entry into the CMRA system.

6.3. The CMRA Help Desk can be contacted for assistance by telephone (703-377-6199) or email (dodcmra@pentagon.af.mil) All questions pertaining to system registration, data entry problems, and other information technology-related issues or concerns should be directed to the CMR Helpdesk.

6.4. Annual reports are required. The data for each Government fiscal year (October 1st through September 30th) must be entered no later than October 31st. If the contract action to which the CMR requirement applies overlaps two or more Government fiscal years, the contractor must prorate the labor hours and labor dollars accordingly.

6.5. The data that must be entered includes: Contract Number; Delivery Order Number (if applicable); Task Order Number (if applicable); Requiring Activity Unit Identification Code (UIC) [to be provided by the Government]; Command [to be provided by the Government];

Contractor Contact Information; Federal Service Code; Direct Labor Hours; Direct Labor Dollars; Location Information; Amount Invoiced for FY; and Prime/Subcontractor status.

6.6. There is a flow-down requirement to subcontractors providing applicable services. The prime contractor has overall responsibility for ensuring that their subcontractors timely enter their respective data.

6.7. Concurrent with or following the award of each contract or order subject to the reporting requirement, a “CMR Worksheet”…