W912PL-09-R-0014 final.pdf

W912PL-09-R-0014

RECOVERY – SANTA ANA RIVER LAND

MITIGATION

Riverside County, California

Service Solicitation

UNRESTRICTED

20 AUGUST 2009

RECOVERY – SANTA ANA LAND MITIGATION W912PL-09-R-0014

Section A - 1

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

(Company Name) (Signature) (Title)

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

Recovery – Santa Ana Land Mitigation (SARM), W912PL-09-R-0014

Section B – 1

Section B

PRICING SCHEDULE

The Offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within _______ calendar days after the date offers are due.

(Insert any number equal to or greater than the minimum requirements stated in Item 13D of the SF-1442. Failure to insert any number means the offeror accepts the minimum in Item 13 D of the SF-1442.)

BASE YEAR

Item No.

Description Estimated Quantity

Unit of Measure

Unit Price Total Estimated Amount

0001 Wetland Ecologist 50 Days $

0002 Terrestrial Ecologist 150 Days

0003 Wildlife Ecologist 50 Days

0004 Fishery Biologist 50 Days

0005 Biological Technician 150 Days

0006 Field/Cartography Tech 30 Days

0007 Cartographic Specialist 30 Days

0008 Writer/Editor 45 Days

0009 Technical Writer 45 Days

0010 Project Manager 120 Days

0011 Clerk/Typist 80 Days

0012 Expendable Supplies 1 Job Lump Sum

$10,000.00 NTE

0013 Non-Expendable Supplies 1 Job Lump Sum

0014 Two-Wheel Drive 9,000 Miles Per JTR*

$3,000.00 NTE

0015 Four-Wheel Drive 4,500 Miles Per JTR*

$2,000.00 NTE

0016 Rental Equipment 1 Job Lump Sum $10,000.00 NTE

0017 Non-Native Herbicide Spraying and Vegetation Removal

Acres $ $

TOTAL BASE YEAR AMOUNT $__________________

Recovery – Santa Ana Land Mitigation (SARM), W912PL-09-R-0014

Section B – 2

OPTION YEAR 1

Description Estimated Quantity

Unit of Measure

Unit Price Total Estimated

TOTAL OPTION YEAR 1 AMOUNT $__________________

Recovery – Santa Ana Land Mitigation (SARM), W912PL-09-R-0014

Section B – 3

OPTION YEAR 2

Description Estimated Quantity

Unit of Measure

Unit Price Total Estimated

TOTAL OPTION YEAR 2 AMOUNT $__________________

Recovery – Santa Ana Land Mitigation (SARM), W912PL-09-R-0014

Section B – 4

OPTION YEAR 3

Description Estimated Quantity

Unit of Measure

Unit Price Total Estimated

TOTAL OPTION YEAR 3 AMOUNT $__________________

Recovery – Santa Ana Land Mitigation (SARM), W912PL-09-R-0014

Section B – 5

OPTION YEAR 4

Description Estimated Quantity

Unit of Measure

Unit Price Total Estimated

TOTAL OPTION YEAR 4 AMOUNT $__________________

TOTAL BASE PLUS ALL OPTION YEARS $______________

Option Item to be Ordered as Required during the contract Years 1, 2 and 3 Item No.

Description Estimated Quantity

Unit of Measure

Unit Price Total Estimated Amount

0018 Cowbird Trapping (construct, maintain and monitor traps)

45 Traps $ $

GRAND TOTAL BASE PLUS ALL OPTION YEARS/ITEMS $________________

Recovery – Santa Ana Land Mitigation (SARM), W912PL-09-R-0014

Section B – 6

OFFERORS NOTES:

1. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

2. If a modification to a offer based on unit prices is submitted which provides for a lump sum adjustment to the total estimated amount, the application of the lump sum adjustment to each unit price in the Price Schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the Price Schedule.

3. Prices must be submitted on all individual items of the Price Schedule; otherwise the offer will be considered non-responsive and may be rated non-acceptable.

4. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the offeror:

Obviously misplaced decimal points will be corrected;

In case of discrepancy between the unit price and the extended price, the unit price will govern;

Apparent errors in extensions of unit prices will be corrected;

Apparent errors in addition of lump sum and extended prices will be corrected.

5. For the purpose of price evaluation, the Government will proceed on the assumption that the offeror intends the offer to be evaluated on the basis of unit prices the totals arrived at by the resolution of arithmetic discrepancies as provided above.

6. The lump sum “LS” line items in the Price Schedule are not “Estimated Quantity” line items and are not subject to the “Variation in Estimated Quantity” contract clause.

7. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

8. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

9. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00800.

10. The offeror shall distribute indirect costs (overhead, profit, bond, etc.,) over all items in the Price Schedule. The Government will review all submitted Price Schedules for any unbalancing of the items.

Any submitted Price Schedule determined to be unbalanced may be considered nonresponsive and cause the bidder to be ineligible for contract award.

11. The offeror 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 in include all attachments thereto.

12. Some quantities are ESTIMATED, the offeror’s prices MUST BE FIRM.

Recovery – Santa Ana Land Mitigation (SARM), W912PL-09-R-0014

Section B – 7

13. When applicable, the Price Evaluation Preference for HUBZone Small Business Concerns will applied to this procurement. The bidders attention is direct to Section 00600, Contract Clause No.

52.219-4, entitled “Price Evaluation Preference for HUBZone Small Business Concerns.”

14. The Government's payment for the items listed in the Pricing Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the contract.

(b) The Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the contract scope of work, whether or not specifically listed in the Pricing Schedule.

15. JTR – rates as per U.S. Government Joint Travel Regulations

16. Required quantities and pricing for CLIN ITEMS 0012, 0013, 0014, 0015 AND 0016 to be negotiated as needed during the performance of the contract. The Government has established a Not-To- Exceed amount for accounting purposes. The contractor is not entitled to any portion of these CLIN amounts with prior approval of the Contracting Officer or it’s representative.

RECOVERY-SANTA ANA LAND MITIGATION W912PL-09-R-0014

Riverside, California

Section C - 1

Section C Description/Specifications/Work Statement

SCOPE OF WORK

Santa Ana River Mainstem Flood Control Project Mitigation, Habitat Restoration and Species Management

1. LOCATION: Santa Ana River Watershed, Orange, Riverside, and San Bernardino Counties, CA.

2. ITEM: Mitigation for impacts to riparian and other floodplain habitat caused by the Santa Ana River Mainstem flood control project will involve: Removal of arundo and other non-native vegetation species, habitat restoration, endangered species management and cowbird trapping, in compliance with the Corps of Engineers’ mitigation responsibilities outlined in the 2001 Final Supplemental Environmental Impact Statement (SEIS) for the Prado Dam and Vicinity project (part of the Santa Ana River Mainstem flood control project). Specifically, these actions are required to mitigate for the upcoming construction of the Green River Golf Course embankment protection project (Reach 9 2b), the Green River Housing Estates and Upper 91 embankment protection projects (Reach 9 2a), and the Auxiliary Dike project.

3. AUTHORIZATION:

a. Section 401(a) of WRDA 1986

b. Section 309 of WRDA 1996

c. National Environmental Policy Act of 1969 (NEPA)

d. Clean Water Act, as amended

e. Endangered Species Act 1976, as amended

f. Clean Air Act

g. California Environmental Quality Act

4. DESCRIPTION OF WORK AND SERVICES REQUIRED (SUMMARY):

a. Literature Review: The Contractor shall review environmental and permitting documents associated with the Corps of Engineers’ Santa Ana River Mainstem Project to ensure familiarity with the Corps’ mitigation requirements.

b. Plan of Action: The Contractor shall provide a written proposal of the work effort planned under this scope of work, including locations of restoration target areas (invasive removals and herbicide treatments), bird surveys and cowbird trapping; and survey and treatment protocols and methodologies. The Plan of Action shall be amended or updated annually, or as needed, and if new treatment areas are recommended.

c. Habitat Restoration and Management: The Contractor shall perform the following activities within the Santa Ana River Watershed in calendar years 2009 through 2013, to compensate for anticipated temporary and permanent impacts to riparian and upland habitat within the flood control project footprints (See Attachment 2 for background information on the Santa Ana River flood control project):

Section C - 2

i) Remove non-native vegetation in a minimum of two hundred fifty (250) acres of the Santa Ana Watershed (specific locations to be delineated by the Contractor’s Plan of Action). Treatment shall occur in areas where arundo, castor bean, tamarisk and other non-native vegetation occupy at least 20% of the site, in areas that have not already been designated as mitigation sites for other projects. Other criteria are outlined in paragraph 5(c)(i).

ii) Perform continued treatment and management of these areas annually through 2013, with the goal of re-establishing native vegetation. One hundred percent (100%) of non-native vegetation growing within the target areas shall be removed and, or treated with herbicide each year.

iii) If native vegetation does not begin to re-establish within one or more of the sites by the end of the third year (2011), the Contractor shall supplement the recovery effort with native vegetation planting as necessary to ensure a minimum of 25% coverage of native habitat within each target area by the end of the contract period. Plants shall be watered and maintained for a minimum of six (6) months after installation. The contractor shall submit a planting palette and maintenance plan to the Corps for approval. If authorized by the Corps and the U.S. Fish and Wildlife Service (through the Corps), the Contractor may utilize cuttings from adjacent habitat to supplement plants obtained from a nursery.

iv) Place a minimum of 15 cowbird traps in the Santa Ana River Canyon and other strategic locations within the watershed during the 2010, 2011, and 2012 nesting seasons (to meet the Corps’ Biological Opinion/SEIS mitigation requirements for “Reach 9” construction impacts). (Combined with previous trapping efforts, this will satisfy the seven (7) years of cowbird trapping that are required to compensate for Reach 9 construction activities.)

v) Survey and monitor all exotic removal areas and cowbird trapping efforts to assess potential impacts to endangered or sensitive species.

d. GIS Database: The Contractor shall record information about areas treated, trapped and restored in calendar years 2009 through 2013, as well as relevant endangered species information, in a Geographic Information Systems (GIS) database.

e. Reporting: The Contractor shall prepare a written report detailing the activities and results of each year’s restoration and management efforts, including appropriate maps and exhibits.

5. SERVICES REQUIRED: The Contractor shall perform the work and services as follows:

a. Literature Review: The Contractor shall review environmental and permitting documents associated with the Corps of Engineers’ Santa Ana River Mainstem Project to ensure familiarity with the Corps’ mitigation requirements. These documents include the 2001 Final Supplemental Environmental Impact Statement for Prado Basin and Vicinity, the December 2001 Biological Opinion, and the project’s Streambed Alteration Agreement from the California Department of Fish and Game. The Contractor shall

Section C - 3 inform the Corps’ contracting officer of any perceived discrepancy or inadequacy of this Scope of Work in terms of complying with the mitigation requirements found within these documents, for construction work performed to date.

b. Plan of Action: See above, and paragraph 7(a) for specific requirements.

c. Habitat Restoration and Management:

i) Non-Native Removal and Follow-Up Treatments: The Contractor shall remove and provide follow-up treatments for non-native vegetation during calendar years 2009 through 2013 (for the purpose of restoring riparian and other native riverine habitat) within at least 250 acres of the Santa Ana River Watershed. Specific locations shall be proposed by the Contractor in the Plan of Action. The percent cover of non-native vegetation in target areas proposed for restoration shall equal or exceed 20% (prior to initial treatment). Target areas shall not include locations that were previously identified and set aside as mitigation for other projects, where funding for long-term management was previously provided to SAWA.1

One hundred percent (100%) of non-native vegetation growing within the target areas shall be removed and, or treated with herbicide each year.

This task includes: Maintaining regulatory permits to perform exotic plant control; securing written permission from private or public landowners as necessary to access project sites; developing and coordinating work schedules for crews; coordinating as necessary with public/private entities and media; monitoring biomass removal and providing appropriate management and oversight of work crews. The required result is complete eradication (throughout the 5-year contract period) of non-native, invasive vegetation species within these areas (including but not limited to arundo, tamarisk, castor bean, and tree tobacco).

Prior to vegetation removal and/or treatment, the Contractor shall document and photograph existing vegetation (native and non-native) within the target areas. The areas shall be re-photographed after treatment has occurred, and annually throughout the contract period.

The Contractor shall select the most appropriate and effective techniques for non-native vegetation removal in each target area, and shall strive to minimize damage to surrounding native vegetation. Herbicide applications, if used, shall be in compliance with all applicable State and Federal standards and criteria. The Contractor shall thoroughly research

1 If arundo or non-native vegetation re-infests the target areas after the end of this contract period (after 2013, and after the Corps’ success criteria are met), then an in-lieu fee program or mitigation bank may seek other funding sources (including grants or other mitigation funds) for future maintenance of these areas.

Section C - 4 previous arundo and other non-native control efforts throughout the Santa Ana River watershed to determine the most effective methodology. Prior to initiating work, the Contractor shall document and provide the proposed methodology in a Plan of Action to the Corps of Engineers’ contracting officer for review and approval (see also paragraph 7(a)).

ii) Habitat Restoration: The Contractor shall monitor and evaluate the success of habitat restoration efforts on an annual basis. If native vegetation does not begin to re-establish within one or more of the sites by the end of the third year (2011), the Contractor shall supplement the recovery effort with native vegetation planting as necessary to ensure a minimum of 25% coverage of native habitat within each target area by the end of the contract period. Plants shall be watered and maintained for a minimum of six (6) months after installation. The contractor shall submit a planting palette and maintenance plan to the Corps for approval. If authorized by the Corps and the U.S. Fish and Wildlife Service (through the Corps), the Contractor may utilize cuttings from adjacent habitat instead of (or in addition to) plants obtained from a nursery.

iii) Cowbird Trapping: The Contractor shall implement a cowbird-trapping program throughout the watershed during the 2009, 2010 and 2011 nesting seasons, for the purpose of promoting and enhancing nesting success for native songbirds. This program shall consist of a minimum of fifteen (15) traps to be placed and maintained during each nesting season. The Contractor shall follow established U.S. Fish and Wildlife Service protocols concerning the placement and maintenance of traps, and shall comply with their reporting requirements.

This scope of work includes funding for a minimum of fifteen (15) traps per season for three (3) seasons in the Santa Ana River Canyon area, specifically for the purpose of fulfilling mitigation measure BR-19 from the 2001 SEIS. This mitigation measure required a total of seven (7) years of cowbird trapping in this area, with a minimum of fifteen (15) traps per year. The first two (2) years of trapping (for the 2002 and 2003 nesting seasons) was completed in cooperation with the Orange County Water District. Because the Corps did not fund the 2004 or 2005 trapping efforts, a previous scope of work to SAWA provided sufficient funding for twice the effort in the 2006 nesting season.

iv) Species Monitoring: The Contractor shall monitor all exotic removal and treatment areas to assess potential impacts to endangered or sensitive species. If these species are present, the Contractor shall monitor work activities to ensure that there are no impacts to the species or to the habitat that supports them. This task will include: Conducting appropriate presence or absence surveys for the species of concern in each work area;

conducting focused surveys specifically for the least Bell’s vireo and

Section C - 5 southwestern willow flycatcher; documenting territories and nesting locations within the work areas; coordinating with field staff to ensure that the species are not impacted during non-native vegetation removal and/or herbicide treatments; checking active nests for brood parasitism by the brown-headed cowbird; providing GPS locations of nests and territories to support the GIS database; and documenting relevant information in the final report.

v) Bird Surveys: The Contractor shall conduct winter bird and breeding bird surveys to document avian abundance and diversity in 2009 through 2013 throughout the watershed. Locations of winter survey sites shall emphasize those sites at which SAWA is managing the removal on non-native habitat. Breeding bird surveys shall be done at locations where least Bell’s vireo are likely to occur, based on habitat type. This task will include: Site selection based on criteria defined above; initial site visits to develop appropriate survey methodology; a minimum of eight (8) surveys in morning hours and a minimum of two (2) surveys in the afternoon at each location during both the winter and breeding seasons; creating maps of survey sites and plotting bird sightings on the map; and compiling data for the final report. The Contractor shall coordinate with other organizations or individuals conducting surveys in the area for sensitive species to maximize information gathered and avoid duplication of survey efforts.

d. GIS Database: The Contractor shall coordinate with other public agencies and private organizations to generate and obtain comprehensive data layers/maps showing locations and densities of invasive plant species and locations/territories of endangered bird species within the entire Santa Ana River Watershed. The Contractor shall update and maintain this database throughout the contract period (2009 through 2013), incorporating results and locations of the treatment program outlined above, as well as information from the species monitoring and bird surveys that are also required under this scope of work. The Contractor shall use NAD 1983 datum, Zones V and VI (NAD 1983_State Plane_California_V_FIPS_0406 Feet and NAD 1983_State Plane_California_VI_FIPS_0406 Feet, as appropriate). Metadata shall follow guidelines recommended by the Environmental Systems Research Institute (ESIR) (see http://webhelp.esri.com/arcgisdesktop/9.2/index.cfm?TopicName=Metadata_standards_a nd_the_ArcGIS_metadata_format). GIS maps and information shall accompany each annual report, and shall be made available separately upon request.

e. Reporting: The Contractor shall provide a report within three (3) months of the end of each calendar year describing the previous year’s proposed and implemented restoration methodologies, management strategies, locations, and results. The Contractor’s normal annual reports will suffice, assuming it includes all of the following information. The report shall include maps, photographs, figures and tables that identify and describe the specific locations of the treatment areas, the type and amount of native and non-native habitats that existed prior to treatment, and the changes that occurred as a

Section C - 6 result of restoration efforts. Photo-documentation shall be conducted throughout the process to assist in demonstrating the effectiveness of the restoration efforts.

More specifically, the report shall include the following information:

(1) Introduction to the Santa Ana River Watershed with appendices of sensitive species.

(2) Discussion of invasive species impacts on natural systems.

(3) Locations, acreages, types, status, and results of restoration and monitoring activities.

(4) Techniques and protocol for removal of invasive species.

(5) A financial report that details the activities undertaken with the flood control project monies transferred to the Contractor under the terms of this contract.

(6) A full report on the cowbird trapping program, including the number and locations of traps, the number of cowbirds captured, and an analysis of results.

(7) Results of species monitoring and bird surveys, including nesting locations, number of pairs and nesting success of federally-listed endangered species.

6. PERIOD OF SERVICE: The Contractor shall perform the work and services within the time allowed as follows:

a. Plan of Action (1% complete, 1% progress payment): The initial Plan of Action shall be submitted within thirty (30) calendar days from the date of written notification of contract award. Updates shall be provided annually, or as needed throughout the course of the contract.

b. Cowbird Trapping Program (set and monitor traps) (10% complete, 9% total progress payment, partial payments made on completion of each season’s trapping): Establish initial traps no later than April 30, 2010. Provide report on each year’s trapping effort as part of the annual report for restoration and survey activities (see paragraph 6(g).

c. Initiate 2009 Non-Native Vegetation Removal and Treatment within Habitat

Restoration Areas (40% complete, 30% total progress payment after completion of 2009 removal/treatment efforts, partial payment made after biomass removal/spraying subcontract is awarded): Award initial spraying and, or biomass removal contracts within sixty (60) calendar days from the date of written notification of contract award.

d. Conduct species monitoring and bird surveys (50% complete, 10% total progress payment, partial payments made on completion of each season’s surveys): Initiate winter bird surveys and make preparations for 2010 breeding bird surveys (hire monitors, etc.) within ninety (90) calendar days from the date of written notification of contract award.

Section C - 7

e. Monitor and Maintain Habitat Restoration Areas through 2013 (80% complete, 30% total progress payment, partial payments made on completion of each year’s maintenance activities): Throughout the contract period.

f. GIS Database Update (85% complete, 5% progress payment): Within one hundred eighty (180) calendar days from the date of written notification of contract award.

g. Annual Reports (90% complete, 5% total progress payment, partial payments made on receipt of each annual report): The first report is due by March 2010; each annual report thereafter is due by March of each year following restoration and survey activities, with the last contract report due by March 2014.

7. REVIEWS AND SUBMITTALS:

a. Plan of Action: The Contractor shall submit a Plan of Action that describes the proposed location and existing condition of the treatment areas; the proposed methodologies for non-native vegetation removal and/or herbicide treatment; plans for habitat restoration (i.e., planting/seeding) and species monitoring/surveys; and the proposed number and location of cowbird traps.

The Plan of Action shall include maps, figures and tables as appropriate.

The Contractor shall submit one (1) electronic copy of the draft Plan of Action (with legible text, tables, and graphics). A review period of five (5) working days is required by the Contracting Officer. Upon receipt of comments, the Contractor shall immediately make the required corrections and resubmit one

(1) electronic copy of the final report. After submittal of the corrected material, the Contractor shall be on call to make any further corrections until the work and services are accomplished under this Scope of Work.

b. Cowbird Trapping Program: A progress payment shall be made after the Contractor submits written documentation that traps have been constructed and placed in the field for the 2010 season, and monitors have been retained.

Final payment for this task shall be made upon submittal of the annual report for 2012 activities, which will document the results of that year’s trapping efforts.

c. Initiate 2009 Non-Native Vegetation Removal and Treatment: As indicated in paragraph 6(c), a progress payment shall be made after the Contractor submits written documentation that sub-contracts for this work have been awarded.

Additional progress payments shall be made upon completion of each subsequent year’s maintenance activities. Final payment shall be made upon submittal of the final annual report, which shall fully document the results of the program.

Section C - 8

d. Species Monitoring and Bird Surveys: As indicated in paragraph 6(e), a progress payment shall be made after the Contractor submits written documentation that monitors have been retained for the purposes of conducting the required research. Final payment shall be made upon submittal of the final report, which shall fully document the results of the program.

e. Monitor and Maintain Habitat Restoration Areas through 2014: As indicated in paragraph 6(e), progress payment shall be made upon completion of each year’s maintenance activities. Final payment shall be made upon submittal of the final report, which shall fully document the results of the program. (See also paragraph 7(c)).

f. GIS Database: Submittals related to this effort shall be incorporated in the final report. Maps and data shall be available separately upon request.

g. Annual Reports: Each annual report shall consist of all items stipulated in paragraph 5(e) of this Scope of Work. The Contractor shall submit three (3) copies of each annual report (single-spaced, double-sided, 8.5 x 11, with legible text, tables, and graphics), as well as an electronic copy compatible with Word. Upon request, the Contractor shall also provide one (1) camera-ready copy, suitable for reproduction. A review period of fifteen (15) days is required by the Contracting Officer for each annual report. Upon receipt of comments, the Contractor shall immediately make the required corrections and resubmit three (3) final copies and an electronic copy of the annual report and (upon request) one (1) camera-ready copy. After submittal of the corrected material, the Contractor shall be on call to make any further corrections until the work and services are accomplished under this Scope of Work.

8. PAYMENT FOR WORK AND SERVICES: The Government will award a Firm Fixed price Task Order. The agreed upon awarded price shall constitute full compensation by the Government to the Contractor for the work and services performed under this task order. Payments shall be made in accordance with the period of service of this Scope of Work. The Contractor shall invoice only for completed percentages of the work and services. The specific milestones (percentages) for deliverables are shown under the Period of Service, Paragraph 6.

9. PROJECT MANAGEMENT:

a. The Contractor shall assign qualified professionals in pertinent fields to perform this effort. The Contractor shall assign a responsible and appropriately qualified Project Manager (PM) to be knowledgeable about all work for this project and be available as the Contractor’s point of contact; coordinate and supervise activities to provide timely and professionally sound products; and maintain a project file containing all correspondence and criteria pertinent to this project.

Section C - 9

b. The Contractor shall ensure that adequate technical and support personnel who are competent and experienced in the work proposed are available.

c. During the progress of the work, the Contractor shall confer with the Corps’ environmental manager, as required, to assure approval of the completed work. The Corps’ environmental manager shall visit the Contractor’s office at any time during the progress of work for the specific purpose of examining the progress of work and to resolve any questions the Contractor may have concerning the work products.

10. VISITS TO PRIVATE SOURCES AND GOVERNMENT AGENCIES: Progress of coordination with other government agencies or private entities, major issues and problems shall be reported promptly to the Contracting Officer.

11. DEVIATION FROM THE SCOPE OF WORK:

a. The Contractor shall not incorporate into this project any instructions received (in writing or orally) directly from other governmental agencies, without written approval from the Contracting Officer.

b. The Contractor shall not depart from or perform beyond the Scope of Work

(SOW) and the criteria on which the SOW is based without the written direction of the Contracting Officer.

Section C - 10

BACKGROUND

Introduction

Prado Dam Basin and its major flood control improvements, including raising Prado Dam, have been approved as part of the U.S. Army Corps of Engineers (USACOE) Santa Ana River Mainstem Flood Control Project (SARP). The purpose of the SARP is to provide flood protection to areas susceptible to floods ranging from 100-year to 190-year frequencies. The SARP project ranges over the counties of San Bernardino, Riverside, and Orange and includes over two million people and numerous businesses and structures.

Various features of the SARP remain to be implemented, primarily within Prado Basin and in the 12-kilometer reach of the Santa Ana River directly below the basin. The Santiago Creek feature also remains to be implemented; this feature, however, is not a part of this discussion. The Prado Basin and Vicinity project was addressed in the 1988 Phase II General Design Memorandum (GDM) and Supplemental Environmental Impact Statement (SEIS). Since 1988, several new flood protection features were added and some of the previously approved features were modified based on changes to the baseline condition of the Santa Ana River Mainstem as well as subsequent value-engineering studies.

In November 2001, the USACOE prepared a Final Supplemental Environmental Impact Statement and Environmental Impact Report (SEIS/EIR) to address impacts related to the new and modified features as well as newly listed threatened and endangered species and critical habitat. That document, and the previous SEIS, recognized that the project area supports several federally listed species and concluded that implementation of the proposed project would affect significant biological resources. Therefore, the USACOE initiated consultation with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as amended, to determine if the project would jeopardize the continued existence of listed species. An initial consultation was completed in 1988. Consultation was reinitated in 2000 to address project modifications and newly listed species and critical habitat. In December 2001, the USFWS issued a final Biological Opinion (BO). The BO identifies project conservation measures and terms and conditions to be implemented to minimize and offset the loss of wetlands and impacts to significant biological resources due to implementation of the project.

This Scope of Work provides implementation protocols for specific mitigation and compensation measures that were identified in the 2000 BA, 2001 EIS/EIR, and 2001 BO. This document provides requirements for habitat restoration, habitat and species monitoring, cowbird trapping, and reporting.

Prado Basin and Vicinity Project Location and Description

The project site extends from the area upstream of Prado Basin along the Norco Bluffs

Section C - 11 through Reach 9 of the Santa Ana River upstream of Weir Canyon Road. The project area has been divided into three components that include Norco Bluffs (Component A), Prado Basin (Component B), and Reach 9 (Component C). The Norco Bluffs component is located along the southern bank of the Santa Ana River downstream of Interstate 15, and extends for approximately 2.5 km (1.5 mi). Directly downstream of Norco Bluffs, the Prado Basin component (as defined by the 169-m [556-ft] contour) encompasses approximately 3.925 hectares (ha) (9,700 acres [ac]) surrounding the Santa Ana River, directly northeast of the junction of the Riverside Freeway (SR-91) and the Corona Expressway (SR-71). Expansion of the Prado Basin to the 172-m (566-ft.) elevation would add approximately 650 ha (1,600 ac) to the Basin area. Reach 9 of the Santa Ana River is located immediately downstream of Prado Dam, and extends for approximately 12 km (7.4 mi) to Weir Canyon Road in the City of Anaheim.

The Norco Bluffs component includes stabilization of the toe of the bluff by placing a soil cement structure between the toe and the riverbed. This will prevent further “shifting” of the 566’ elevation line that defines the project sponsors’ acquisition requirements. The Prado Basin component includes raising the Prado Dam embankment and spillway, modifying the outlet structure, and building several protective dikes, levees and floodwalls around the perimeter of the expanded basin. The Reach 9 component includes six bank protection features located between SR-71 and Weir Canyon Road, including the “Upper Highway 91 Bank Stabilization,” “Green River Estate Bank Stabilization,” “Green River Mobile Home Park Levee,” “Green River Golf Course Low Flow Channel, “Lower Highway 91 Bank Stabilization,” and “Car Wash Strip Mall Bank Stabilization” projects. Refer to the 2001 SEIS/EIR for a full description of the various project features.

Arundo Removal Mitigation Requirements Addressed by this Scope of Work

Mitigation requirements for impacts to riparian and other floodplain habitats resulting from the USACOE flood control project features in Reach 9 and Norco Bluffs, as addressed in the 2001 SEIS/EIR and BO, are summarized as follows:1

For each acre of riparian/wetland habitat (excluding unvegetated perennial stream)2 that is temporarily disturbed during construction related activities, the USACOE and SARP local sponsors shall contribute sufficient funds to the Santa Ana Watershed Association of Resource Conservation Districts (Trust Fund) {or other contractor} to:

• Remove one acre of Arundo donax from the upper Santa Ana River watershed and/or action area (for each acre affected)

• Actively monitor and manage this acreage until riparian habitat is completely restored

• Maintain this acreage Arundo-free for the life of the project.

1 These mitigation requirements apply primarily to construction activities in Norco Bluffs and Reach 9.

Most of the Prado Basin impacts to riparian and upland vegetation were addressed in the 1988 Phase II GDM/SEIS and have since been fully mitigated. However, subsequent changes in the perimeter dike project footprints within Prado Basin require additional mitigation, as discussed later.

2 Impacts to perennial stream habitat are not mitigated through arundo removal, but by creation or enhancement of perennial stream. This mitigation will be conducted via a separate contract.

Section C - 12

In addition, the USACOE and SARP local sponsors shall use one of the following alternatives, or a combination thereof, to mitigate for each acre of non-riparian wetland habitat (excluding perennial stream) that is permanently destroyed or isolated from the floodplain during construction related activities:

(a) The USACOE and SARP local sponsors shall successfully create one acre of flood plain within the action area (for each acre affected). These areas will be kept free of exotic plants for 8 years; or

(b) The USACOE and SARP local sponsors shall contribute sufficient funds to the Trust Fund {or other contractor} to:

• Remove three acres of Arundo donax from the upper Santa Ana River watershed and/or action area for each acre of riparian vegetation that is permanently destroyed or isolated from the flood plain during construction-related activities

• Actively monitor and manage this acreage

• Maintain this acreage Arundo-free for the life of the project

• Conduct cowbird removal trapping in the vicinity of the restored habitat for the life of the project.

In addition, the USACOE and SARP local sponsors shall use one of the following alternatives, or a combination thereof, to mitigate for each acre of riparian vegetation that is permanently destroyed or isolated from the flood plain during construction related activities:

(a) The USACE shall successfully create 3 acres of riparian vegetation within the action area (for each acre affected); or

(b) The USACE shall contribute sufficient funds to the Trust Fund {or other contractor} to:

• Remove 5 acres of Arundo donax from the upper Santa Ana River watershed and/or action area for each acre of riparian vegetation that is permanently destroyed or isolated from the flood plain during construction-related activities

• Actively monitor and manage this acreage;

• Maintain this acreage Arundo-free for the life of the project; and

• Conduct cowbird removal trapping in the vicinity of the restored habitat for the life of the project.

The USACOE and SARP local sponsors have selected the option of contributing to the Trust Fund {or other contractor} for all temporary and permanent impacts to riparian and other streambed habitats (excluding perennial stream).

Construction Impacts and Mitigation Requirements Completed to Date

In 2002 and 2003, the USACOE hired contractors to clear & grub and initiate construction in two of the Reach 9 bank protection sites (Reach 9 Phase 1). The resulting impacts to riparian and other wetland habitats (excluding perennial stream habitats) are summarized below. Project activities at that time also included partial clearing and/or

Section C - 13 mowing of the Prado borrow sites, access roads, and initial construction areas; these impacts, however, were previously mitigated and are not addressed in this Scope of Work. In 2004, the construction footprint at Prado Basin was expanded to allow for construction of a temporary diversion channel and a modified drop structure (as discussed in a November 2004 Final Supplemental Environmental Assessment). This expanded area includes temporary impacts to riparian vegetation, summarized below.

In 2006, the Corps initiated construction of two perimeter dikes around Prado Basin (the Housing Tract and Sewage Treatment Plant dikes), which resulted in an additional acre of permanent impact to riparian vegetation over and above previous estimates that were included in the 1988 GDM/SEIS and the 2001 SEIS. (Impacts associated with the Prado Dam and Perimeter Dikes project features, as described in the 1988 GDM, have been mitigated.) A 2006 scope of work to SAWA included “advance” mitigation for that project of 5 acres of riparian habitat enhancement (a 5:1 ratio).

That same scope of work also included mitigation for permanent and temporary impacts to riparian vegetation and permanent impacts to non-riparian vegetation associated with the Prado Embankment, Lower Highway 91, and Car Wash Strip Mall construction projects, as follows:

1. LOWER HIGHWAY 91 DIKE

Impact Type Acreage of

Impact Mitigation Ratio and Total Mitigation Requirement

Permanent impacts to riparian

0.7 acres @5:1, = 3.5 acres

Temporary impacts to riparian, wetland

7.57 acres @1:1, = 7.57 acres

Permanent impacts to non-riparian

0 acres @3:1, = 0 acres

TOTAL MITIGATION REQUIREMENT: 11.07 acres

2. CAR WASH BLUFF STABILIZATION

Impact Type Acreage of

Impact Mitigation Ratio and Total Mitigation Requirement

Permanent impacts to riparian

0.31 acres @5:1, = 1.55 acre

Temporary impacts to riparian, wetland

6.97 acres @1:1, = 6.97 acres

Permanent impacts to non-riparian

0.21 acres @3:1, = 0.63 acre

TOTAL MITIGATION REQUIREMENT: 9.15 acres

3. PRADO BASIN EXPANDED FOOTPRINT AREA

Section C - 14

Impact Type Acreage of Impact

Mitigation Ratio and Total Mitigation Requirement

Permanent impacts to riparian

0 acres @5:1, = 0

Temporary impacts to riparian, wetland

3.47 acres @1:1, = 3.47 acres

Permanent impacts to non-riparian

0 acres @3:1, = 0

TOTAL MITIGATION REQUIREMENT: 3.47 acres

4. PRADO DIKES CONSTRUCTION AREA

Impact (over and above GDM and 2001 SEIS estimate)

Mitigation Ratio and Total Mitigation Requirement

Permanent impacts to riparian

1 acre @5:1, = 5 acres

TOTAL MITIGATION REQUIREMENT: 5 acres

5. GREEN RIVER MOBILE HOME PARK PROJECT

Impact Mitigation Ratio and Total Mitigation Requirement

Permanent impacts to riparian

1.38 acres @5:1, = 6.9 acres

Temporary impacts to riparian, wetland

2.88 acres @1:1, = 2.88 acres

Permanent impacts to non-riparian

0.24 acres @3:1, = 0.72 acres

TOTAL MITIGATION REQUIREMENT: 10.5 acres

Mitigation Requirements Completed to Date (Reach 9 Phase 1, Prado Embankment, Prado Dikes and Reach 9 Phase 2b (Mobile Home Park Embankment):

39.19 acres

Anticipated Construction Impacts and Mitigation Requirements Covered by the 2009 Scope of Work

Upcoming construction activities in Reach 9 (Phase 2a and Phase 2b) and at Prado Dam (the Auxiliary Dike) may result in the following permanent and temporary impacts to riverine habitats, excluding perennial stream. (As with the National Housing Dike and Sewage Treatment Dike features, most of the Auxiliary Dike impacts were addressed in the 1988 GDM/SEIS and 2001 SEIS and have been mitigated. This scope includes mitigation for impacts that exceed those previous estimates.) It is anticipated, however, that the final design of these projects may incorporate features or modifications (such as

Section C - 15 sheet pile instead of grouted stone in some areas) that would reduce the project footprint and the associated mitigation requirements.

Reach 9 Phase 2a: Upper Hwy 91 and Green River Housing Estates Impact Type Acreage of

Impact Mitigation Ratio and Total Mitigation Requirement

Permanent impacts to riparian

15.32 @5:1, = 76.6 acres

Temporary impacts to riparian, wetland

18.94 @1:1, = 18.94 acres

Permanent impacts to non-riparian floodplain habitat

4.51 @3:1, = 13.53

TOTAL MITIGATION REQUIREMENT: 109.07 acres

REACH 9 2b: GREEN RIVER GOLF COURSE CHANNEL EMBANKMENT PROTECTION

Impact Mitigation Ratio and Total Mitigation Requirement

Permanent impacts to riparian

4.5 acres @5:1, = 22.5 acres

Temporary impacts to riparian, wetland

4.3 acres @1:1, = 4.3 acres

Permanent impacts to non-riparian

5.5 acres @3:1, = 16.5 acres

TOTAL MITIGATION REQUIREMENT: 43.3 acres

Prado Dam, Auxiliary Dike Impact Type Acreage of

Impact Mitigation Ratio and Total Mitigation Requirement*

Permanent impacts to riparian

1.0 @5:1, = 5 acres

TOTAL MITIGATION REQUIREMENT: 1

Section F - 1

SECTION F

Deliveries or Performance

PERIOD OF THE CONTRACT

The effective ordering period of this contract will be one year from the date of award (Base Period). The contract contains 4 one year option periods to extend the term of the ordering period of the contract, if exercised.

The Government reserves the right to exercise the option to extend the term of the contract in accordance with the option clause FAR 52.217-9, in Section H.

Section G - 1

SECTION G

CONTRACT ADMINISTRATION DATA

52.0001-4001 CONTRACT ADMINISTRATION DATA

The Contract Administration Office for this contract subsequent to award is:

Department of the Army Los Angeles District, Corps of Engineers P.O. Box 532711 Los Angeles, California 90053-2325

ATTN: [Enter Name of Contract Specialist]

Telephone No: [Enter telephone No. of Contract Specialist]

Payment will be made by:

USACE Finance Center

ATTN: CEFC-AO-P

5270 Integrity Drive Millington, TN 38054-5005

Submit Invoices to:

[Enter address where contractor is to submit invoices]

H-1

SECTION H

SPECIAL CONTRACT REQUIREMENTS

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days from expiration of the contract period ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 1 day before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

52.0000-4001 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER

PERSONNEL (MAY 2000)

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 Contract before the Contractor will act upon those changes. The Contract will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Office 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 Representative (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 contract at this installation are not valid for this contract

(End of Clause)

52.0000-4023 SAFETY REQUIREMENTS

The bidder's attention is directed to the latest version of U.S Army Corps of Engineers Safety and Health Manual, EM 385-1-1, which will be strictly enforced. This publication may be obtained from the US Army Engineer District, Los Angeles, ATTN: Safety Office, P.O. Box 532711, Los Angeles, California 90053-2325.

AFARS 4.9002 CONTRACT REPORTING REQUIREMENTS

'Reporting of Contractor Manpower Data Elements'

H-2

(a) Scope. The following sets forth contractual requirements for reporting of contractor labor work year equivalents (also called Contractor Man-year Equivalents (CMEs)) in support of the Army, pursuant to 10 U.S.C. 129a, 10 U.S.C. 2461(g), Section 343 of P.L. 106-65, and 32 CFR 668. Reporting shall be accomplished electronically by direct contractor submission to the secure Army Web Site:

https://contractormanpower.us.army.mil. Information on the background, purposes, and significance of this reporting requirement, and the 32 CFR 668 Final Rule as published in the Federal Register, can be found at this Web Site. In addition, a Help Desk function, detailed instructions on what and how to report, FAQs, and a site demonstration are available. The Army's objective is to collect as much significant CME data as possible to allow accurate reporting to Congress and for effective Army planning. The reporting data elements should not be viewed as an "all or nothing" requirement. Even partial reporting, e.g., direct labor hours, appropriation data, place of performance, Army customer, etc., will be helpful.

(b) Applicability. This reporting requirement applies to services covered by Federal Supply Class or Service codes for "Research and Development," and "Other Services and Construction." Report submissions shall not contain classified information.