W9123824Q0017 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 incorporate an updated Performance Work Statement (PWS).

No other changes made or implied.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 29-Feb-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 W9123824Q0017

X 9B. DATED (SEE ITEM 11)

14-Feb-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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

29-Feb-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:

W9123824Q0017

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 Buchanan Hazard Reduction Mowing Services

January 10, 2024 February 28, 2024

1. General

1.1 Project Description: The contractor shall furnish labor, supervision, materials, and equipment necessary to perform hazard reduction mowing services at Buchanan Dam, H.V.

Eastman Lake, Raymond, California, Madera County.

1.2 Location:

H.V. Eastman Lake 32175 Road 29 Raymond CA 93563

1.3 Schedule: All work is to be performed within normal work hours, which are 0800 to 1630, Monday thru Friday, unless coordinated with the COR.

1.3.1. Schedule shall be coordinated closely with the COR which will 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 not later than 8:00 a.m.

1.4 Authorities/Technical Direction: The 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 received by the Contractor before the Contractor will 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. 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 from the

Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contracts at this installation are not valid for this contract.

1.5. Payment: Payment shall be made in arrears at the contract unit price for quantities delivered in accordance with the pricing schedule and as described herein. 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 provided at the time of award. 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 mailed to:

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 mailed or emailed to the following individuals:

Buchanan Dam, H.V. Eastman Lake Attn: COR P.O Box 67

Raymond CA 95653 Email to be provided at time of award.

1.6. Accident Prevention Plan:

1.6.1. The Contractor shall develop an Action Prevention Plan (APP) and obtain the USACE Project Safety Officer’s approval of the Accident Prevention Plan BEFORE starting any on-site work. The Contractor shall make necessary revisions to the APP at the beginning of any exercised option years and submit to the COR for re-approval, regardless of if it was revised or not.

1.6.2. 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.

1.6.3. The Contractor shall develop an Injury and Illness Prevention Program (IIPP) for projects within the State of California as an appendix to the APP. 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 an 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 work site safety and health of the Subcontractors. The Contractor is 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 Contractor, COR, and Site Safety and Health Officer (SSHO) shall sign the APP.

1.6.4. The Contractor shall submit the APP to the USACE Project Safety Officer within 10 days of award and at the beginning of each option year. The Government will review the documents within 10 days. The Contractor shall resubmit the documents, with any requested changes, within 5 days of request.

1.6.5. 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

1.7. Antiterrorism and Operational Security:

1.7.1 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 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.

1.7.2 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.

1.7.3 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. 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.

1.7.4 Suspicious Activity Reporting Training (e.g., iWatch, CorpsWatch, or See Something, Say Something): All contract personal should revive 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.

1.7.5 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 are encouraged to 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 Pre-Easter Hazard Reduction Mowing. The contractor shall provide all labor, equipment, materials, and supervision to perform hazard reduction mowing at the nine specified areas (see Section 2.3) once each year generally within 2-3 weeks prior to the Easter Holiday, beginning on and ending by dates as coordinated with the Contracting Officer’s Representative (COR).

2.2 Pre-Memorial Day Hazard Reduction Mowing. The contractor shall perform a second hazard reduction mowing at the nine specified areas (see Section 2.3) once each year generally within 2-3 weeks prior to the Memorial Day Holiday, beginning on and ending by dates as coordinated with the COR. Performance of this mow is dependent upon vegetation growth and will be performed at the discretion of the COR.

2.2 Mowing requirements:

2.2.1 The areas mowed shall have a vegetation height of no more than 3 inches at the time of inspection for compliance.

2.2.2 Grass and weed trimming shall be performed around all trees, shrubs, culverts, signposts, picnic tables, fire rings, grills, water hydrants/faucets, garbage cans, playground equipment, rocks, and all buildings and shelters. All equipment will be operated in such a manner as not to damage any trees or shrubs.

2.2.3 Mowing that is accomplished with a tractor mounted mower, shall not make tire impressions in the soil deeper than the lugs on the tire (approximately 3/4 inch). This equipment can be used in conjunction with small power equipment to accomplish the work.

2.2.4 Prior to mowing, the contractor shall remove rocks, broken limbs or any debris that is likely to damage equipment or be thrown by the mower. Debris shall be removed from the area and disposed of as directed by the COR. The Contractor shall ensure the equipment operator shall have at least one year of experience in the operation of the same type of equipment.

2.2.5 Mowing in all areas shall be accomplished in a manner that will prevent the tearing up or scalping of the mowed areas. Each pass of the mower shall overlap the previous pass so that no strips of uncut vegetation result. Mowing shall not be performed when the ground is so wet that the mowing operation causes wheel rutting.

2.2.6 If a tractor does become stuck, or if the sod is damaged by the tractor, it will be the contractor's responsibility to get the tractor unstuck and restore the soil to its original condition to the satisfaction of the COR.

2.2.7 All debris, both vegetative and mechanical, generated because of this contract shall be removed from all roadways, walkways, etc. by the end of each working day.

2.3 Mowing areas

1. Administration Area (approximately 9.25 acres)

2. Chowchilla Day Use (approximately 12.7 acres)

3. Codorniz Campground (approximately 19.7 acres)

4. Dam Abutments and Visitor Center / Observation Area (approximately 4.1 acres)

5. Group Campground Area (approximately 7.8 acres

6. Monument Ridge (approximately 8.9 acres)

7. Spillway and Dikes (approximately 10.9 acres)

8. Wildcat Campground (approximately 7 acres)

9. Equestrian Group Campground (approximately 1.9 acres)

Square footage and acreage of areas are approximate and should not be used except for orientation purposes.

See Appendix A for satellite imagery of mowing areas.

3. Damage to Government Property All damage to Government facilities and/or environmental features as well as to private property and equipment by the contractor or his/her agents will be reported to the COR within 24 hours.

All damaged facilities shall be returned to the original condition as directed by the COR. The expense of this will be the liability of the contractor. Damage caused by the contractor to plants/trees will be charged to him/her. A charge schedule for various plants/trees will be provided after contract award by the COR.

4. Equipment

4.1 All equipment and vehicles shall comply with the applicable safety regulations as set forth in the EM 385-1-1. By request, this regulation is available for contractor review. The Government reserves the right to shut down at any time the use of unsatisfactory equipment and to require that all such equipment be replaced with satisfactory equipment to ensure the satisfactory progress of the work can continue. The decision of the Contracting Officer or his/her authorized representative as to the serviceability of the equipment shall be final.

4.2 Rotary type mowers shall be equipped with safety chains or other protective devices to prevent flying objects from striking persons or damaging property. Rotary type mowers may not be used where any person or vehicle is within 100 feet of the operating equipment. Flail type mowers may not be used where any person/vehicle is within 25 feet of the operating equipment.

4.3 An equipment safety check will be conducted prior to the initiation of work on the contract.

4.4. No livestock shall be used to execute this contract.

4.5 Equipment used for mowing may be stored on project grounds. Location, duration, and all other aspects of equipment storage are at the sole discretion of the COR.

4.6 No equipment shall be stored on the property after approval of final mowing.

5. Quality Control/Quality Assurance

5.1 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.

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

5.3 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.

6.0 Performance Assessment Plan and Quality Assurance Surveillance Plan (QASP):

6.1 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.

6.2 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.

6.3 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.

6.4 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.

6.5 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.

6.6 The Quality Assurance Surveillance Plan is one evaluation method the government uses to surveillance performance 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 Requirement Summary

Acceptable Quality Level Means of Measurement

All submittals in accordance with the PWS

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

100% Surveillance

All work in Section 2 shall comply with the PWS

95% completion of all tasks in accordance with the project schedule 100% Surveillance

Appendix A A.1 Administration Area, 9.25 Acres

A.2 Chowchilla Day Use, 12.7 Acres

A.3 Codorniz Campground & Fish Cleaning Station, 19.7 Acres

A.4 Dam Abutments & Visitor Center, 4.1 Acres

A. 5 Group Campground Area, 7.8 Acres

A.6 Monument Ridge, 8.9 Acres

A.7 Spillway & Dikes, 10.9 Acres

A.8 Wildcat Campground, 7 Acres

A.9 Equestrian Campground, 1.9 acres

(End of Summary of Changes)