Amendment 0002.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.

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 14-Aug-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 W9123824Q0059

X 9B. DATED (SEE ITEM 11)

24-Jul-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

14-Aug-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:

W9123824Q0059

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

REVISED PWS

U.S. Forest Service Pacific Southwest Research Service at Tanbark Flat Arborist Tree Inventory

Performance Work Statement May 14, 2024 Aug 14, 2024

1.0 GENERAL:

This is a non-personal services contract to provide a firm-fixed priced service contract for tree inventory and assessment services. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the prime Contractor who is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, portable facilities, transportation, tools, materials, supervision, necessary permits, and other items and non-personal services necessary to perform the tree inventory and assessment as defined in this Performance Work Statement (PWS). A certified arborist must perform the assessment for end product completion. The contractor shall make all necessary arrangements for the tree inventory products needed for completing the work. The contractor shall perform to the standards in this contract and plan, coordinate, organize, manage, and perform the activities described herein.

The purpose of the service contract is to provide an accurate tree inventory and assessment for informed decision making regarding tree removal and trimming for property and life safety.

1.2 Background: The requested arborist inventory assessment is required for the Tanbark Administrative Site located within San Dimas Experimental Forest [SDEF] – within the Angeles National Forest (ANF). The San Dimas Experimental Forest was established in 1933 and covers 6,945 hectares (about 32 square miles) within the ANF. The Tanbark Administrative Site is comprised of historic buildings dating back to 1935 including office/lab buildings, barracks and a mess hall built by the Civilian Conservation Corps. These buildings housed scientists and other personnel. The subject area of survey is 8 acres.

1.3 Objectives:

The objective of this performance work statement is to provide a tree inventory and arborist report within the defined project boundary per the contract requirements. Refer to Section 5.0 for details.

1.4 Period of Performance:

90 days from date of award.

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

The work described herein will be completed in two phases.

First Phase - Submittal period (14 calendar days maximum) Second Phase – In-field tree inventory, analysis, and report generation(76 days maximum)

1.6 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.7 Hours of Operation:

The contractor is responsible for conducting business, between the hours of 8:00 am and 5:00 pm Monday thru Friday except Federal holidays. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS.

When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Place of Performance: The Tanbark Administrative Site SDEF is located approximately 12 miles from Glendora driving on Glendora Mountain Road to Glendora Ridge Road. Alternate access is possible from San Antonio Heights approximately 16 miles via Mount Baldy Road to Glendora Ridge Road. Refer Exhibits A and B for site location. The general area is at the coordinates: 34.20522, -117.76176.

1.9 Special Qualifications: The Contractor is responsible for ensuring that a certified arborist is on site to direct and perform the assessments the project work. GIS and data recording can be done by non-certified individuals.

1.10 Type of Contract: This is a firm-fixed-price contract.

1.11 Post Award Conference: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office. The Contracting Officer (KO), Contracting Officer’s Representative (COR), and other government personnel, as appropriate, may meet with the Contractor to review the Contractor's performance. At these meeting(s) the KO will apprise the contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.12 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.13 Contract Discrepancy Process:

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

1.13.2 State in writing to the KO, within ten calendar days, any areas and explanation of non-concurrence in the minutes. The KO will review and consider the reasons submitted for the Contractor’s non-concurrence and decide. The Contracting Office will notify the Contractor of the decision in writing within ten calendar days of receipt.

1.13.3. Actions:

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

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

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

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

1.13.3.5 A third CDR will be the cause for a Cure Notice. However, the KO may issue a Cure Notice at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the Contract.

1.14 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

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

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

Contractor employees will maintain personal hygiene.

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

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

Possession of weapons is prohibited.

1.16 Parking Regulations: Contractor employees may park privately owned vehicles in the area designated for parking as designated by the United States Forest Service site representative.

Contractor shall ensure employees park in the appropriate designated parking areas at time of task order. The Government will not invalidate or make reimbursement for parking violations under any conditions.

1.17 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.18 Coordination with the United States Forest Service: USACE will coordinate rights of entry for the contractor prior to the commencement of work. After which the Contractor will be subject to the United States Forest Service site rules and conduct while within the project site.

1.19 Payment and Invoices:

Invoices for payment shall be submitted upon completion of all tasks as outlined in the schedule.

Invoices shall include all necessary information, including the contract number and any necessary supporting documentation. Invoices shall be submitted to the following agencies and individuals. Email is the recommended method for submission.

One copy of the Invoice WITH all required information including any necessary supporting documentation. The COR must receive a copy of the invoice prior to submitting to USAED, Finance Center. COR Contact information will be provided at Award.

USAED, Finance Center Attn: CEFC-FP

5722 Integrity Dr.

Millington, TN 38054-5005

CEFC-Payments@usace.army.mil

Original invoice WITHOUT additional information or supporting documentation after COR approval:

U.S. Army Corps of Engineers, Sacramento District COR information will be provided upon award

1.20 Authorities/Technical Direction: Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price, or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the Contract action before any changes can be made. Comply with the Changes clause of this Contract when direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer.

Report any direction given by any Government employee or any other person outside their authority to the Contracting Officer.

2.0 PRE-WORK SUBMITTALS:

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

Activity Hazard Analysis (AHA)

The Contractor shall develop an Activity Hazard Analysis (AHA) for every operation involving site activities presenting hazards. The AHA(s) format shall be in accordance with Figure 1-2 of EM 385-1-1. Subsequent AHAs shall be submitted as amendments to the APP.

The analysis shall identify and evaluate hazards and outline the proposed methods and techniques for the safe completion of each phase of work. At a minimum, the AHA shall define activity being performed, sequence of work, specific safety and health hazards anticipated, control measures (to include personal protective equipment) to eliminate or reduce each hazard to acceptable levels, equipment to be used, inspection requirements, training requirements for all involved, and the competent person in charge of that phase of work.

Perform training and safety precautions for employees working under these specifications.

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

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

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

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

Include a traffic control plan which will be coordinated with applicable local jurisdiction through USACE as necessary for the tree service activities. An escort vehicle will be required for ingress and egress of heavy equipment and transport tractor/trailers.

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

EM 385-1-1, USACE Safety & Health Requirements Manual, 30 November 14 Edition, specifically Section 31Tree Maintenance and Removal.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1.pdf Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.

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

American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2016).

Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders.

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

8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program. OSHA ancillary safety and health regulations governing certain aspects for this contract include:

Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144) Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100) Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)

Proposition 65 (22 CCR Section 12000) Chemicals Know to the State to Cause Cancer or Reproductive Toxicity

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

3.0 TASKS:

3.1 Base Tasks:

Develop pre-work submittals for government approval prior to starting work on site.

Provide the following inventory items within the project area boundary for the subject trees:

o Geo-referenced location of each tree with latitude, longitude, and meta data for tree identification/classification criteria listed below for incorporation into an excel spreadsheet.

o Provide a photograph of each project area tree referenced in report findings.

o Individual round metal tree tag with separate numeric identification for each tree.

o Tree species, Diameter at Breast Height (DBH), height, and canopy spread of each tree.

o Tree status: Identify defects, pests, diseases, parasites, leaning angle, trunk scars, swelling, bleeding, frost damage, and foreign objects, etc. that affect the overall health and vigor of the tree.

o Provide one of the following assessments for each tree: Leave/Remove/Trim/Notes o Generate a type written report with findings and exhibits in Word and PDF formats.

Provide Excel files for data with lat/longs for tree location.

Generate a type written report with findings and exhibits in Word and PDF formats.

4.0 SUBMITTALS

Refer to Section 7 for the Submittal Register for a listing of submittals. Submittals referenced in the PWS sections must be submitted to the COR with one hard copy and one electronic copy.

The electronic copies must be submitted via internet or on CD in PDF format. Scan paper copies of product information for electronic submittal. Submittals referenced in the Attachments must follow the procedures in each attachment for each required submittal. Refer to the section within each attachment titled “Submittals”. Provide submittals in timely manner so that the approved project schedule is not delayed and at least 48 hours are provided for Government review when required. Work governed by or including products which involve submittals requiring Government approval may not proceed until submittals are provided and reviews complete.

Products or materials which require submittals which involve Government approval must not be installed or delivered to the site prior to approval of the submittals. Products or materials with submittals requiring government approval and not conforming to contract requirements which are installed or delivered to the site prior to approval of submittals shall be replaced at no additional cost to the government with products or materials conforming to contract requirements. Payment for items requiring submittals will not be made until the correct submittals are provided and any required approvals provided. Provide document submittals to:

U.S. Army Corps of Engineers

ATTN: COR

1325 J Street, Sacramento, CA 95814

5.0. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures:

USACE EM 385-1-1 (2014).

Occupational Safety and Health Guidance Manual for Hazardous Waste Activities

(October 1985) American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and

BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2016)

Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders

8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders 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 Known to the State to Cause Cancer or Reproductive Toxicity Title 8 California Code of Regulations (CCR) Section 3203 and Section 1509 Underground Service Alert (U.S.A.) at 1-800-642-2444. Read the requirements for locator qualification law within Cal/OSHA Standards.

Secretary of the Interior’s Professional Qualification Standards (36 CFR Part 61)

6.0 QUALITY ASSURANCE SURVEILANCE PLAN

Performance Assessment Plan:

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.

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 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.

Quality Assurance Surveillance Plan

Performance

Standard Acceptable

Quality Level

(AQL)

Method and Frequency of Inspection)

Remedy

Submit all plans 100% required.

The contractor must be in compliance with the US Army Corps of Engineers

EM 385-1-1,

Review by

COR

Develop a plan for recovery and submit required plans within 5 working days of discovery. Continuous review until performance is satisfactory.

Provide tree assessment and report findings in required formats.

Excel files for data and lat/longs for tree location.

100% required Periodic field inspection by COR during repair and/or removal

Develop a plan for recovery and submit required plans within 5 working days of discovery. Continuous review until performance is satisfactory.

7.0 Submittal Register

Submittal Register

Dates

Item

SD

Description Item Submitted Acceptance Submitted Remarks

Prework Submittals

Activity Hazard Analysis (AHA)

G

8.0 Exhibits

Exhibit A: Site Location

Exhibit B: Project Area Map

Site Location

The following have been deleted:

PWS

(End of Summary of Changes)