A.07.23_-_W912DW-16-Q-0065_Amendment.pdf

W68MD961582068

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 update the Performance Works Statement Section 1.3 and 1.4, change the NAICS Code to 541320 and to extend the solicitation date to 3 Aug 2016, 10:00 am Pacific Time.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 27-Jul-2016

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 W912DW-16-Q-0065

X 9B. DATED (SEE ITEM 11)

11-Jul-2016

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 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

27-Jul-2016

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW-16-Q-0065

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 22-Jul-2016 12:30 PM to 03-Aug-2016 10:00 AM.

The following have been modified:

PWS

PERFORMANCE WORK STATEMENT (PWS)

Tree Consulting Services at Lake Washington Ship Canal Project

1. GENERAL: This is a non-personal services contract to provide arborist tree consulting and advanced assessment evaluation Services. The Government shall 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 Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform hazard tree removal and brush clearing services in a safe manner that will maintain a clean and neat appearance and in such a manner that preserves both the infrastructure and on site vegetation as defined in this performance work statement (PWS), except for those items specified in Section 3 as government-furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: Lake Washington Ship Canal (LWSC) receives approximately 1.5 million visitors each year and is the third most visited tourist attraction in Seattle, WA. Peak visitation is from April to September. The Carl S.

English Jr. Botanical Garden at LWSC has many large, mature trees adjacent to high traffic pedestrian areas. Ten trees require a safety evaluation and inspection by an International Society of Arboriculture (ISA) Board Certified Master Arborist to maintain public safety and conservancy of the trees. Safety to the public and employees and the preservation of the trees is the priority. These specimen trees are of significant historic, botanical, and aesthetic value. The intent is to preserve the character of these trees while mitigating hazards associated with large trees in high traffic areas.

1.3 Objectives: LWSC horticulture section require the services of an ISA Board Certified Master Arborist to perform a two page Level 2 ISA Basic Tree Risk Assessment Form, Exhibit 3 and provided to LWSC horticulture section and additionally implement Level 3 advanced tree risk assessment techniques on ten specimen trees marked for evaluation. Trees shall be inspected for any and all potential safety hazards that could jeopardize the public.

1.3.1 All tree consulting and advanced assessment shall be completed by a licensed and bonded ISA Board Certified Master Arborist as defined in this performance work statement (PWS). All tree assessments will be on U.S. Army Corps of Engineers property listed on Exhibits 1 and 2 and follow industry standards and specifications ANSI Z133.11 2006 American National Standard for Arboricultural Operations – Safety Requirements and ANSI A300 (parts 1-10) American National Standards Institute. All assessments activities will utilize the least harmful methods to the historic trees, and produce a thorough advanced tree risk assessment.

1.3.2 Tree assessment may require the climbing of trees or use proper equipment for work to be performed at high elevations. Contractor will demonstrate a commitment to safety. Fall protection equipment may be required.

Contractor shall submit a written safety process, safety procedure, or safety plan with the quote following safety guidelines of OSHA standards and U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 358-1-1.

1.4 Scope: Contractor shall assess each of the ten trees marked during site visit and identify any unsafe conditions to the public and facility staff. Contractor will prepare ten Level 2 ISA Basic Tree Risk Assessment Forms in addition to implementing Level 3 advanced tree risk assessment techniques when required by findings of Level 2 assessment. Contractor shall submit a report including tree risk assessments and action plan on each individual tree and recommendations for future management of the ten marked trees in the high traffic area.

1.5 Period of Performance: The period of performance shall begin within one week of contract award no later than 30 August 2016. Actual period of performance time is expected to be five days or less.

1.6 General Information

1.6.3 Recognized Holidays: Tree Consulting Services are not required during the following holidays.

New Year’s Day 1 January Martin Luther King Jr. Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Third Thursday in November Christmas Day 25 December

1.6.4 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0630 – 1600, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor shall be responsible to provide an adequate staff to assure fully adequate and timely completion of these services. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

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

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Lake Washington Ship Canal facility located at 3015 NW 54th Street, Seattle, WA 98107-4299.

1.6.6 Type of Contract: The government shall award a Firm-Fixed Price Contract.

1.6.7 Safety Standards: Contractor shall comply with all applicable Occupational Safety and Health Act (OSHA) Standards, as well as the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, revised November 2014, as amended. Copies of EM 385-1-1 shall be provided to any Contractor by request, or copies may be picked up in person at the LWSC Administrative Office.

1.6.7.1 Public Safety: The areas in which the work is to be performed are highly utilized by the visiting public.

The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed.

1.6.8 Security Requirements: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by District Security Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

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.

1.6.8.1 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured and entrance gates locked.

1.6.8.2 Key Control: N/A.

1.6.9 Special Qualifications: The Contractor shall obtain all necessary licenses and/or permits required to perform this work. He/She shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/She shall be responsible for any injury to himself/herself, his/her employee, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her employees’ fault or negligence.

1.6.11 Government Designated Representative (GDR): The GDR monitors all technical aspects of the contract and assists in contract administration The GDR 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 Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. The contractor shall be notified who will assume the role of the GDR at the post award conference. The GDR will inform the Contractor of the responsibilities and limitations of the GDR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The GDR is not authorized to change any of the terms and conditions of the resulting order.

1.6.14.2 Protection of Water Resources: The Contractor shall not pollute drainage ditches, ponds, rivers, or lakes with fuels, oils, bitumen, calcium chloride, acids, cleaning solvents or chemicals or other harmful materials.

Disposal of any materials, wastes, effluents, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to drainage ditches, ponds, rivers, or lakes will not be permitted. If contamination occurs the Contractor must contact the GDR.

1.6.14.3 Removal of Materials and Rubbish: The Contractor shall remove from the work sites, all his/her equipment and unused materials provided by him, and any waste materials and rubbish resulting from operations performed. Tree material turned into wood chips may be left at LWSC designated location. The Contractor is responsible for any and all permits and other permissions for consulting and advanced assessment services.

1.6.15 Damages: The Contractor shall be responsible for restoring any Government facilities, structures or equipment damaged as a result of his/her operation. Reasonable care shall be used to avoid damage to structures and equipment in the recreation areas. Any such damage shall be repaired, items replaced or the damages repaired to the original condition at no cost to the Government. If the Contractor does not make such repair or replacement, the cost will be deducted from payments to be made to him/her.

1.6.18 Submission of Invoices: Payment shall be based on work items satisfactorily completed under the specification in the PWS. Separate payments will not be made for the time spent in planning, mobilizing, or performing administrative work. A deduction in the amount to be paid equal to the amount of cost to repair or replace any damages to government facilities, structures or equipment, or trees removed without prior authorization of the GDR per the schedule as outlined in 1.6.15.1 shall be made for items the Contractor has damaged and not restored to their original condition. Payment for services performed will be made as prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests (MAR 2008), Contractors must submit payment requests in electronic form. In addition, an original invoice shall be submitted to the GDR for approval prior to electronic submission. Invoices shall include the contract number, item numbers, and description of work, quantities, unit prices, and total prices.

DEFINITIONS AND ACRONYMS:

CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

CONTRACTING OFFICER: A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

DIAMETER BREAST HEIGHT: A measurement of the diameter of a tree bole approximately four feet above ground level.

GOVERNMENT DESIGNATED REPRESENTATIVE: An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be announced at the post award conference and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE Surveillance Plan: An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

QUALITY ASSURANCE EVALUATOR: The Government employee designated to evaluate the quality of services produced.

QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK: Monday through Friday, unless specified otherwise.

FACILITY: Any Government building, structure, campsite, campsite feature, roadway, trail, equipment, or day use feature.

ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation GDR Government Designated Representative HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

ATTACHMENT/TECHNICAL EXHIBIT LIST:

Attachment 1/Technical Exhibit 1 – Aerial satellite view of LWSC

Attachment 2/Technical Exhibit 2 – Diagram Map of

Attachment 3/Technical Exhibit 3 – ISA Basic Tree Risk Assessment Form

The following included by reference have been revised:

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

The following included by full text have been revised:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi)

___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

(End of Summary of Changes)