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 PWS dated July 8, 2024.

2. Extend the Quote due date.

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 08-Jul-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 W9123824Q0047

X 9B. DATED (SEE ITEM 11)

05-Jun-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 X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

08-Jul-2024

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

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123824Q0047

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 09-Jul-2024 11:00 AM to 11-Jul-2024 11:00 AM.

The following have been added by full text:

PWS REVISED 7/8/2024

PERFORMANCE WORK STATEMENT

Englebright – Fish Passage Sediment/Gravel Management

May 15, 2024 Revised July 8, 2024

Part A - General Information:

This project is being performed as a requirement of a Biological Opinion issued by National Marine fisheries Service (NMFS). The actual work to do each year is dependent upon the need for widening and deepening the channel and receipt of funding. The project area is located on the lower Yuba River at Daguerre Point Dam, Yuba County, California. Access to the work site is through a controlled gate off private property, approximately 10 miles east of Marysville, California. Traveling east along Hammonton-Smartsville Road turning left on Hammonton Road and follow dirt road to job site. The purpose of this project is to maintain an adequate water depth across the face of the dam to provide unimpeded fish passage, from the fish ladders to the main channel upstream from Daguerre Point Dam.

In the event that any part of, or the entire Park is permanently or temporarily closed, the segments of this contract pertaining to that area may not be required and therefore not utilized.

The number of facilities may vary. Contractor shall not perform work in closed areas or facilities not in use and shall not be compensated for work not accomplished.

This contract consists of a Base Year and four (4) Option Years.

4. All work completed under this contract shall be performed on the days as requested by the Contracting Officer Representative (COR). A business day is considered Monday through Friday. No work shall be conducted on days other than those scheduled without prior approval from the COR. Work completed for this contract shall be accomplished between the hours of 8:00 a.m. to 4:30 p.m Monday through Friday and not including any holidays without prior authorization from the Deputy Operations Project Manager.

5. Work site locations are listed as followed:

Englebright Lake 12896 Englebright Dam Road Smartsville, CA 95977

6. Pre-work Conference: A pre-work conference between the Contractor, his/her representatives, supervisors, workers, etc. and the COR shall be scheduled prior to the start of any work at the respective sites. Contractor shall submit to the COR, all required reports, plans, permits, licenses, and other items outlined in this contract.

PART B – CONTRACTOR RESPONSIBILITIES:

1. General Information: The Contractor shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract to include all attachments thereto. At the discretion of the Government, Option Years may be exercised.

2. Widening the Channel, Channel shall be widened to 45 feet (measured from the face of the dam upstream) and deepened to 5 feet (measured from the crest of the dam to the riverbed) by 600 feet width. The maximum amount of gravel hauled in any given year is 5,000 cubic yards.

All gravel/cobble removed during the widening process will be transported by truck, conveyor belt or other equipment to the designated drop site downstream. Once the gravel/cobble is removed from the face of the dam, the Contractor shall ensure any staging areas used are returned to a level surface similar to the surrounding area. If any significant rutting occurs in the riverbed as the result of work activities, the Contractor shall return the riverbed surface to its original, pre-work condition. All environmental permitting requirements will be the responsibility of the Corps of Engineers.

3.Hauling and Drop Site, the material removed during the Widening the Channel work shall be hauled to a drop site downstream from the dam. The access/haul road to the drop site is improved dirt roadways with some steeper, uneven terrain as the road enters the riverbed. (See Attached Maps located at end of document). The contractor shall be responsible for pre and post operations inspections of the haul road. Any damage done as a result of the contractors operations shall be repaired and the haul road returned to pre work conditions. All road repairs will utilize ¾ in road-base or equivalent. In order to minimize dust and maintain road conditions, use of a water truck may be necessary. Some roadway turns are sharp and narrow, which may limit the type of transport vehicle used. The gravel/cobble removed from the channel shall be deposited at the drop site in a manner minimizing piling and maximizing the spread of material over a wide area.

Accident Prevention Program, within 5 calendar days after contract award, four copies of the Accident Prevention Program shall be submitted to the Contracting Officer Representative (COR) for review and acceptance. Before initiation of work, a site specific Accident Prevention Plan (APP) 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 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.

5. Permits: The contractor shall, without any additional expense to the government provide all of the necessary/required licenses or permits for the completion of this contract. The contractor shall comply with all Federal, state, county and municipal laws, codes, and/or regulations in connection with the performance of specified work.

6. Safety: All work shall be performed in accordance with safety requirements set forth in the Corps of Engineers Safety Manual, EM 385-1-1, entitled Safety and Health Requirements Manual, 30 November 2014. Copies are available at the request of the contractor. The Army Corps of Engineers, Sacramento District Safety office will approve all Safety Plans.

7. Environmental Protection: In addition to the safety requirements, the contractor will also comply with Environmental Protection requirements.

8. Licensing: Prior to starting work, Contractor shall submit a copy of current qualified contractor's license, business licensing, registration with state, county, and local Business Administrations and/or any licenses required to comply with Federal, state and local laws. The above shall be submitted to the Contracting Officers Representative at the pre-work conference.

9. Equipment: Equipment must be capable of driving through shallow water and not be susceptible to sinking into the riverbed. Since the equipment will be working in an aquatic environment, all exterior surfaces of the equipment must be clean and free of oils, greases and lubricants. All hydraulic hoses and fittings will be inspected to insure there are no leaks. If equipment leaks or has not been properly cleaned, work will not be allowed to proceed until the deficiencies are corrected. Excavation equipment may need to be driven or “walked” into to job site due road conditions and terrain. All equipment shall have all safety features intact and in operating condition. All equipment must be suitable for use on the described project and is subject to the approval of the Contracting Officers Representative. The access road for the work areas requires the use of a locked gate. The gate must remain locked and closed at all times.

Access codes will be provided to the contractor prior to the start date. The contractor will be responsible for all ingress and egress of contractor personnel and sub-contractors. The contractor will be responsible to provide a chemical toilet for use by contract personnel during all Widening and Hauling activities.

10. Report: A man-hour exposure report shall be submitted to the Contracting Officers Representative prior to the completion of the contract.

11. The contractor is liable for all damage to property, equipment, and landscape features in performance of this work. Any such damage shall be immediately reported to the Contracting Officers Representative and repaired at the contractor's expense.

12. All waste material generated in performing of this contract shall be removed from government property and disposed of at an approved waste disposal site. The contractor shall comply with all Federal state and local guidelines as they pertain to the proper excavation, removal, and disposal of waste material generated during the performance of this contract specifications.

13. Contractor Furnished Supplies and Materials: The Contractor shall furnish all supplies and materials to be consumed or incorporated in the execution of this contract. The Contractor shall be responsible for maintaining an adequate supply of materials each working day as necessary for performing the project as described. The Contractor shall mobilize and perform the installation of equipment after pads and all electrical work is completed.

13. PERSONNEL:

A. Minimum Manpower Requirements -The Contractor shall provide an adequate number of fully qualified personnel to perform the specified project safely, properly and efficiently within the time constraints of this contract.

B. Quality Control - The Prime Contractor is responsible for ensuring that all work performed under this contract, including that performed by subcontractors, is in accordance with the specifications. To accomplish this, the Contractor will appoint in writing, subject to the approval of the Contracting Officers Representative or the designative representative, a Quality Control Inspector (QCI).

14. TECHNICAL SPECIFICATIONS:

OVERVIEW: All Channel Widening work shall be done between August 1-15 due to endangered species restrictions. Staged gravel may be moved to the drop site from August 15 to Nov 1.

PART C – GOVERNMENT RESPONSIBILITIES:

1. FACILITIES AND EQUIPMENT:

A. Storage - Government storage space shall be provided under this contract. Equipment and material storage areas will be identified after the contract has been awarded.

2. Invoices & Payments: 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. 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 12896 Englebright Dam Road, Smartsville, CA 95977.

Email address to be provided at time of award.

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

Direct Payment Questions to the COR, Please note: Payment is NET 30 (unless the contractor has offered a prompt payment discount as stipulated in the contract) and is made within 30 calendar days after receipt of a complete and accurate invoice. For prompt payment follow the guidance provided in the Contract Invoicing and Payment paragraph below.

Contract Payments: The Government shall pay the Contractor upon submission of proper invoices for the services delivered and accepted or for the portion of work actually performed under the contract.

The Contractor shall be paid at the completion of services for the amount of work accomplished.

Failure to complete any of the required items defined in the contract specifications for a particular service shall be cause for that service to be considered incomplete in its entirety.

Incomplete services are not billable by the Contractor. As per the Performance Work Statement, if work accomplished is unsatisfactory and does not meet the contract specifications, the Contractor shall be subject to the parameters set forth in the Performance Work Statement and may be held liable for any costs to the Government to correct the problem. The COR shall verify invoices before payment will be authorized.

PART D - PERFORMANCE ASSESSMENT PLAN:

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.

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.

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.

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.

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.

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 Standard Acceptable Quality Level

(AQL)

Method and Frequency of Inspection

Remedy

Obtain acceptance from the Contracting Officer’s

Representative on all Pre-Work Submittals

100% Completion

Scheduled Inspection. Upon completion of submittals

The Contractor shall develop a plan for completion and approval of the APP. Continuous review until performance is satisfactory.

The Contractor shall complete Widening the Channel to the specs in the PWS

100% required

100% inspection of milestones / deliverables associated with objective

The contractor shall complete the Widening the Channel to the specs 100%

The Contractor shall complete Hauling and Dropping to the specs in the PWS

100% required

100% inspection of milestones / deliverables associated with objective

The contractor shall complete the Hauling and Dropping to the specs 100%

Location Attachments: Maps of Service Area

The following have been deleted:

PWS

(End of Summary of Changes)