B08 - Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Incorporate a revised Performance Work Statement.

2. Provide revised maps.

No other changes are made or implied.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 24-Apr-2024

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 W9123824Q0005

X 9B. DATED (SEE ITEM 11)

01-Apr-2024

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 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

24-Apr-2024

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:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

PERFORMANCE WORK STATEMENT

2024 Merced County Stream Group Sediment and Debris Removal Performance Work Statement

December 16, 2023 Revised April 22, 2024

1. General

1.1. Project Description: Sediment and debris removal at Mariposa, Owens, Bear and Burns

Dams in Mariposa and Merced County.

1.2. Locations:

Mariposa Dam 555 White Rock Road Mariposa County, CA.

Owens Dam 3 miles on Owens Dam Road, off of

HWY 140

Cathy’s Valley, CA

Bear Dam 1720 Spur Road Mariposa County, CA

Burns Dam South Waltz Road Le Grand, CA

W9123824Q0005

1.3. Period of Performance: The period of performance shall be completed within 730 days of contract award. The work at all locations must be completed to avoid the possibility of failure of a dam which would cause flooding.

1.3.1 All field work must be conducted between late-May and mid-October, prior to the first winter rain. Work activities will occur on days receiving less than .08 inches per 24-hour period, with less than a 40 percent chance of rain fall. Activities will cease 24 hours prior to a 40 percent or greater forecast of rain from the National Weather Service (NWS).

Work may continue 24 hours after rain ceases if no precipitation is forecasted within the next 24 hours. When the local weather forecast shows no greater than a 40% likelihood of rain, work may continue only if a Natural Resource Management (NRM) specialist surveys the project area before work begins each day rain is forecast. If rain exceeds .5 inch within a 24-hour period, work activities must be suspended until NWS forecasts no further rain.

Modifications to these work restrictions may be approved on a case-by-case basis by the

COR.

1.4. Schedule: All work will be performed between 0800 to 1630, Monday thru Friday, unless coordinated with the Contracting Officer’s Representative (COR). It is estimated that each day will be completed in 8 hours but could run as long as 10 hours. If the work day runs to 10 hours the work hours shall be 0800 to 1830.

1.4.1. Schedule(s) shall be coordinated closely with the COR (to be provided) at the time of contract award. Unless otherwise agreed to by the government, the truck and operators shall arrive on site, and be prepared to perform work on each scheduled day of work.

1.5. Authorities/Technical Direction: The Contractor shall take no direction from any

Government employee or any 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 received by the Contractor before the Contractor will act upon those changes. The Contractor shall notify the Contracting Officer when the Contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter that states the COR’s authority from the Contracting Officer to the Contractor and COR specific to this contract only. If the either party does not receive a copy of this appointment letter, the Contracting Officer shall be notified. COR appointment letters from previous contracts at this installation are not valid for this contract.

1.6. Payment: Payments shall be made in arrears. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Scope of Work. All invoices must reflect the contract number W91238-23-P-XXXX. The final invoice must be marked “FINAL.” Copies of all invoices shall be provided to the following:

An original invoice WITHOUT additional information or supporting documentation shall be provided to the following location:

USAED, Finance Center Attn: CEFC-FP

5722 Integrity Dr.

Millington, TN 38054-5005

CEFC-Payments@usace.army.mil

A copy of each invoice WITH all necessary supporting documentation as required by this Performance Work Statement shall be e-mailed to the following individuals at:

Buchanan Dam, H.V. Eastman Lake Attn: COR

P.O. Box 67 Raymond, CA 93653

Email to be provided at time of award

1.7. Accident Prevention Plan (APP):

1.7.1. The Contractor shall obtain the USACE Project Safety Officer’s approval of the Accident

Prevention Plan BEFORE starting any on-site work.

1.7.2. The Contractor shall use a qualified Safety and Health Manager (SHM) to prepare the written site-specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1. 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.

1.7.3. The Contractor shall submit the APP to the COR within 10 days of award. The

Government will review the documents within 10 days. If changes are requested the Contractor shall resubmit the document, with any requested changes, within 5 days of request.

1.7.4. 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: • 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

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

• 29 CFR 1926.65/29 CFR1910.120, Hazardous Waste Operations and Emergency Response.

• USACE, Safety and Occupational Health Document Requirements for Hazardous, Toxic and Radioactive Waste (HTRW) Activities, ER 385-1- 92 (1 July 2003).

• NIOSH/OSHA/USCG/EPA, Occupational Safety and Health Guidance Manual for Hazardous Waste Activities (October 1985).

• 8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.

• 8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program.

• OSHA ancillary safety and health regulations governing certain aspects for this contract include:

• Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

• Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

• Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section

5194)

• The Control of Hazardous Energy (Lockout/Tag-out) (29 CFR 1910.147)

• Proposition 65 (22 CCR Section 12000) Chemicals Know to the State to

Cause Cancer or Reproductive Toxicity

1.8. Antiterrorism and Operational Security:

1.8.1 General Security Requirements and Guidance: The 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 Contracting Officer’s Representative (COR). 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.

1.8.2 Antiterrorism (AT) Level 1 Training: All contract personnel requiring routine access to

Army installation, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level 1 awareness training.

1.8.3 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.

1.8.4 Suspicious Activity Reporting Training (e.g., iWatch, CorpsWatch, or See Something, Say Something): All contract personal should receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program.

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

1.8.5 Pre-screen Candidates Using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors will cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

2. Scope of Work:

2.1. Contractor shall provide all materials, labor, transportation, and equipment necessary to remove sediment to the native earth (see area outline in the maps), household items, broken fencing, and woody debris on the dams, dikes, spillways, intakes, and outlet works and up to the high-water marks at the following facility: Mariposa, Owens, Bear and Burns Dam. Contractor shall be responsible for all job planning, programming, scheduling, administration, removal, preparation, clean-up, inspection, and management required to accomplish each specified project task. Contractor shall ensure that all work is accomplished in accordance with all contract specifications and all applicable laws, regulations, and municipal codes. Sediment is considered all soils and gravel. Sediment may be deposited in marked locations, See attached maps. Debris is considered everything else such as household items, broken fencing, and woody debris and other detritus.

2.1.1 Temporary silt fences will be in place on the upstream side of the intake before work begins at each dam.

2.1.2 While work is being performed, the contractor shall provide dust control in the form of water spray on all dirt surface, to include but not to limited dirt roads, reservoir basins, staging areas dams, and dikes. Frequent spraying must suppress nuisance dust from being released into the air. No chemical treatment is allowed.

2.1.3 Clear the sediment deposits by removing sediment to the native earth, at the following facilities: Mariposa Dam, Owens Dam, Burns Dam, Bear Dam and Bear’s outflow stilling basin, see attached diagrams. The soil level to the approach of intake concrete will be cleared at least 12 inches below any concrete bottom lip. See attached maps for the outline of the areas to be removed.

2.1.4 Clear the sediment deposits to upstream lower communication pipes to stilling wells from all the dams, see attached diagrams.

2.1.6 Contractor shall provide all materials, labor, transportation, fees and equipment necessary for the loading, transportation for the disposal of all debris that includes household items, broken fencing, and woody debris and other detritus. Wood debris, rubbish and broken fence must be properly disposed of off-site per county, state and federal regulations.

Dam. Photo E.1

2.1.7 If any hazardous waste is located the Contractor will notify the COR immediately and then contact the local hazmat/fire department.

2.1.8 See attached photos for examples E.2 though E.9. The photos are representation of the debris and sediment removal required but debris removal is not limited to the views in the photos.

2.1.9 Upon completion of the contract, the Contractor and COR will conduct an inspection to ensure all household items, broken fencing, and woody debris, and other detritus on the dams, dikes, spillways, intakes and outlet works is removed and the sediment deposits adjacent to the inlet and lower communication pipes to stilling wells.

2.1.10 The Contractor is prohibited from using heavy equipment and vehicles on the slopes of the dams, dikes, concrete ridges of spillway crest, intake structures, and outlet structures.

2.1.11 The contractor is prohibited from scraping on, along, or near the dams, dikes, spillway crests, intake structure, and outlet structure.

2.1.12 The Government will allow heavy equipment and vehicles on the crest of the dam and dikes.

2.1.13 Sediment will be deposited below the Mariposa Dam: downstream of the dam, Bear Dam:

two locations downstream or the dam, other locations near Planada and 9384 E. Toews Le Grand CA 95333. See attached map C.1, C.2. and C.3. Revised 22 Apr 2024.

2.1.14 Final sediment deposited will be contoured and seeded with a native wildflower mix.

2.1.15 All debris removed will be sorted and recycled. Woody debris will be either chipped or burned. Burn permit will be the contractor’s responsibility.

2.1.16 Dirt roadways, fencing, gates will be brought back to original condition.

2.1.17 Prior to initiating work activities, California Tiger Salamander (CTS) fencing will be installed at the edge of the project footprint in all areas where CTS could enter the Project Area. The location of the CTS fence will be determined by the onsite COR prior to ground disturbing activities. The CTS fence will remain in place throughout the duration of the project, will be regularly inspected/monitored by the NRM Specialist, and will be fully maintained. Repairs to the CTS fence shall be made within 24 hours of discovery.

Upon project completion, the CTS fencing will be completely removed, and the Project Area returned to pre-project condition.

2.1.18 At contractor expense prior to initiating work activities, the Contractor will need to obtain a National Pollutant Discharge Elimination System (NPDES) permit from the Central Valley Regional Water Quality Control Board. Additionally, the Contractor will prepare a Storm Water Pollution Prevention Plan as part of the NPDES permit.

2.1.19 Prior to initiating work activities, the NRM Specialist will provide an environmental resources awareness training.

3. Pertinent information and estimated sediment

3.1 Mariposa Dam is about 18 miles east of Merced, and 7 miles upstream of the city of Le

Grand, California, in Mariposa County, on Mariposa Creek. Construction of Mariposa Dam was completed in 1948. The impoundment structure consists of an earth embankment, two dikes, and an ungated spillway. The dam is a compacted zoned earth fill embankment with a crest length of about 1,330 feet and a maximum height of 88 feet.

At gross pool elevation of 439.5 feet National Geodetic Vertical Datum of 1929 (NGVD 29), the reservoir has a lake surface area of 512 acres and volume of 15,200 acre-feet. At the spillway design flood elevation of 450.5 feet (NGVD 29) the reservoir has a surface area of 665 acres and a volume of 21,500 acre-feet.

- Estimated amount of sediment to be removed 19,979 cubic yards.

3.2. Owens Dam is located 16 miles east of the city of Merced, California, in Mariposa County, on Owens Creek. Construction of the Owens Dam was completed in 1949. The impoundment structure consists of two earth embankments (main dam and auxiliary dam), one dike, and an ungated spillway. The main dam is a homogeneous earth fill embankment with a crest length of about 790 feet and a maximum height of 75 feet. The auxiliary dam is an earth fill embankment with a crest length of 370 feet and a maximum height of 22 feet. At gross pool elevation of 407.5 feet (NGVD 29), the reservoir has a lake surface area of 175 acres and volume of 3,500 acre-feet. At the spillway design flood elevation of 417.0 feet (NGVD 29) the reservoir has a surface area of 235 acres and a volume of 5,500 acre-feet.

- Estimated amount of sediment to be removed 2,156 cubic yards.

3.3 Bear Dam is located about sixteen miles northeast of the city of Merced, California, in

Mariposa County on Bear Creek. Construction of the Bear Dam was completed in 1954.

The impoundment structure consists of an earth embankment dam, an auxiliary dike, and an ungated spillway. The dam is a compacted zoned earth fill embankment with a crest length of about 1,830 feet and a maximum height of 92 feet. At gross pool elevation of

413.5 feet (NGVD 29), the reservoir has a lake surface area of 265 acres and volume of 7,700 acre-feet. At the spillway design flood elevation of 429.6 feet (NGVD 29) the reservoir has a surface area of 358 acres and a volume of 12,700 acre-feet.

- Estimated amount of sediment to be removed 6,685 cubic yards.

3.4 Burns Dam is located 13 miles northeast from the city of Merced, California, in Merced

County. Construction of Burns Dam was completed in 1950 and it was planned to operate jointly with Bear Reservoir. The impoundment structure consists of an earth embankment dam, five small dikes, and an ungated spillway. The dam is a homogenous earth fill embankment with a crest length of about 4,070 feet and a maximum height of 53 feet. At gross pool elevation of 300 feet (NGVD 29), the reservoir has a lake surface area of 663 acres and volume of 6,700 acre-feet. At the spillway design flood elevation of 314.5 feet (NGVD 29) the reservoir has a surface area of 1,510 acres and a volume of 21,800 acre-feet.

- Estimated amount of sediment to be removed 10,244 cubic yards.

3. QUALITY CONTROL/QUALITY ASSURANCE

3.1 Contractor Quality Control: The Contractor shall be responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed by the Contractor and/or Contractor personnel is in full compliance with this contract.

3.2. Government Quality Assurance: U.S. Army Corps of Engineers (USACE) personnel will inspect the services rendered by the Contractor.

3.3 Inspections: The government shall monitor the Contractor’s performance through scheduled and unscheduled inspections of the project site, assessing the quality of work and the Contractor’s progress toward satisfactory completion of the project.

Performance Requirement Summary

Acceptable Quality Level Means of Measurement

All work performed by the

Contractor shall comply with the Performance Work

Statement.

100% Completion of all tasks in accordance with the project schedule

Periodic Surveillance

The following have been deleted:

PWS

(End of Summary of Changes)