Amendment_0004.pdf

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this modification is to:

1. Remove the "primary collection" site map and adding map of Yuba Watershed and map of possible collection sites in the Yuba Watershed.

2. Revised Performance Work Statement to bold and underline w ork to be performed.

No other changes made or implied.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 18-Sep-2023

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 W9123823Q0069

X 9B. DATED (SEE ITEM 11)

08-Aug-2023

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 is extended, X 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 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

18-Sep-2023

CODE

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

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

4. REQUISITION/PURCHASE REQ. NO.

CODE W91238

FACILITY CODECODE

EMAIL:TEL:

W9123823Q0069

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Yuba River Large Woody Material

Englebright Lake August 8, 2023

15 September 2023

Part A – General Information:

1. Services: The Contractor shall furnish all labor, materials, equipment, supplies, transportation, and supervision necessary to provide the US Army Corps of Engineers (USACE) with acquiring, transporting and placement of Large Woody Material (LWM) to meet specific terms within a Biological Opinion issued by the National Marine Fisheries Service (NMFS). Service shall be performed within the Yuba River Watershed and along the lower Yuba River near Parks Bar Bridge, Yuba County, CA. All work, materials and equipment shall be subject to the approval of the Contracting Officer’s Representative (COR). The project area where the LWM will be placed is located along the left bank of the lower Yuba River downstream from the HWY 20 bridge (see attached Maps).

2. Authorities/Technical Direction: The Contractor shall not take direction from any Government employee, or any person other than the Government Contracting Officer that changes the terms and conditions of this contract action, scope or 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 received by the Contractor before the Contractor shall act upon those changes. The Contractor shall comply with the changes clause of this contract when the Contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. The COR is limited to the authorities stated in the COR appointment letters.

3. Accident Prevention Plan (APP)

a. The Contractor shall provide the APP to the COR for review and acceptance within 10 calendar days after the contract award. Approval of the APP must be obtained BEFORE starting any on-site work. The site specific Accident Prevention Plan with appropriate appendices written in English by the Prime Contractor for the specific work and hazards of the contract, and implementing in detail the pertinent requirements of the most recent edition of EM 385-1-1 will be reviewed and found acceptable by the COR. APPs shall be developed and submitted by the Contractor in the formats provided in Appendix A of the most recent edition of EM 385-1-1. The Contractor shall address each of the elements/sub-elements in the outline contained in Appendix A, EM 385-1- 1 in the order they are provided in the Manual. If by the nature of the work an item is not applicable, the Contractor will so state and provide a justification for why that element/sub-element is not applicable. The APP will be developed by qualified personnel and will be signed in accordance with Appendix A.1, EM 385-1- 1. The Contractor shall be responsible for documenting the qualified person’s credentials. The Contractor’s APP will be job-specific and will include work to be performed by subcontractors and measures to be taken by the Contractor to control hazards associated with materials, services, or equipment provided by suppliers.

b. The Contractor’s APP and subsequent activities shall comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:

i. EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, EM 385-1-1, 30 November 2014 Edition.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_3 85-1-1.pdf?ver=2015-04-09-142531-467

ii. Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.

iii. Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.

iv. Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.

4.Security

a. The general security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

b. ANTITERRORISM (AT) LEVEL I TRAINING: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

c. PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

d. SUSPICIOUS ACTIVITY REPORTING TRAINING (E.G. IWATCH, CORPSWATCH,OR SEE SOMETHING, SAY SOMETHING): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program.

This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

5. Invoices & Payments:

a. The Contractor shall be paid after the completion of specified services for the amount of work accomplished. Invoices shall be verified by the COR before payment can be authorized.

b. Invoices shall be sent in arrears WITHOUT all required information including any necessary supporting documentation to the following address:

USAED, Finance Center Attn: CEFC-FP

5722 Integrity Dr.

Millington, TN 38054-5005

CEFC-Payments@usace.army.mil

One copy each of Invoice WITH all required information including any necessary supporting documentation.

U.S. Army Corps of Engineers Attn: COR, Englebright Lake

Email to be provided at time of award.

c. Final payment shall be authorized when the COR approves the work as complete and contractor removes all materials, equipment, supplies, transportation, and all reporting requirements have been met.

d. All invoices must reflect contract number and final invoice shall be marked “FINAL”.

e. Supporting documentation to be included with each invoice to the COR are listed below:

(1) Safety Exposure Report, CESPD Form 94.

(2) Activity Hazard Analysis.

(3) Accident Prevention

Part B – Work to be performed:

1. General Information: This project is to be performed as a requirement of a Biological Opinion issued by the National Marine Fisheries Service (NMFS). The purpose of this project is to load, transport and place LWM at specified locations along the Yuba River.

2. Work Location: Services shall be performed in the areas listed in this statement of work unless otherwise specified by the Contracting Officer.

a. Yuba River Watershed, Yuba and Nevada Counties, CA

b. Lower Yuba River, downstream from the HWY 20 bridge , Yuba County, CA

3. Tasks: The following tasks are to be performed in support of this effort:

The Contractor shall acquire 430 Cubic yards of LWM within the Yuba Watershed. LWM must be 12 to 36 inches in diameter and 10 to 30 feet in length. A combination of tree trunks and Rootwads are acceptable. The Contractor must provide documentation on where the LWM was sourced to the COR.

4. Pre-Work Meeting: The Contractor shall meet with the COR at least five (5) days prior to commencement of the contract to discuss contract requirements and provide proof of meeting the following requirements:

i. Valid Driver’s License.

ii. General Liability Insurance (Minimum $1,000,000.00).

iii. Automobile Liability Insurance. (Minimum $1,000,000.00)

iv. Worker’s Compensation Insurance (Minimum $100,000.00 per employee).

v. Safety plan.

1. Part C – Contractor Responsibilities

2. Safety and Health Requirements: The Contractor shall comply with the latest version of EM 385-1-1 (including interim changes), U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual.

See USACE website for more details at U.S. Army Corps of Engineers Headquarters > Missions > Safety and Occupational Health The Contractor will be provided access to a copy of EM 385-1-1. A copy of EM 385-1-1 is located at the park Office and is available online U.S. Army Corps of Engineers Headquarters > Missions > Safety and Occupational Health > Safety and Health Requirements Manual. The Contractor shall comply with all pertinent provisions of the California State Health Code, Cal-OSHA, and Yuba and Nevada Counties Codes. An observed Contractor violation of safety requirements/equipment shall be grounds for the Government to stop work. Work shall not continue until the violation is corrected.

3. Equipment: Equipment must be in good operating condition and not leak fuel or oil. If the equipment leaks or has not been properly cleaned, work will not be allowed to proceed until the deficiencies are corrected. The LWM shall be transported by truck to the designated drop site. The transport trucks shall place the loads as directed by the COR. All environmental permitting requirements will be the responsibility of the Corps.

4. Ability to Perform: The Contractor shall have sufficient equipment and labor to perform services. If for any reason the Contractor is unable to perform any service as scheduled, the COR shall be notified 24 hours in advance.

5. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. Monitoring Performance. During the course of the evaluation period, the COR will track Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the

Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

2. Contractor Self-Assessment. Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the payment re-calculation determination. The Contractor shall respond to any complaints and/or ratings of poor performance within five (5) calendar days, after receipt of the report.

3. COR Recommendation. The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

4. Payment Determination. The Contracting Officer may meet with the COR to discuss the COR's report. The Contracting Officer will make a final determination in writing as to the percentage of work successfully completed, and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than 45 calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding payment re-calculations are unilateral decisions made solely at the discretion of the Government.

5. Payment Re-Calculations. Notwithstanding any other clause of this contract, payment re-calculations will be made within the later of 60 days after the end of the evaluation period or 30 days after receipt of an approved invoice.

6. The Quality Assurance Surveillance Plan is one evaluation method the government uses to conduct surveillance performance and to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance.

Performance Standard Acceptable Quality

Level (AQL) Method and Frequency of Inspection

Obtain acceptance from the Contracting Officer’s Representative on all Pre-Work

Submittals and attend the pre-work meeting, as outlined in the PWS.

100% Completion

Scheduled Inspection. Upon completion of submittals and pre-work meeting, but not later than 10 days after award.

The Contractor shall acquire 430 Cubic yards of LWM within the Yuba Watershed

100% required 100% inspection of deliverables associated with objective

The Contractor shall use equipment to place LWM in complex structures to meet the Biological Opinion requirements.

100% required

100% inspection of deliverables associated with objective

(End of Summary of Changes)