W912P717R0005.pdf

SEE ADDENDUM

(No Collect Calls)

W912P717R0005 20-Jun-2017

b. TELEPHONE NUMBER

415.503.6891

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 05 Jul 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P79. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JAMES DENNIS NEAL, JR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY ENGINEER DISTRICT, SAN FRANCISCO

CONTRACTING DIVISION

1455 MARKET ST., 17TH FLOOR SUITE 1741

SAN FRANCISCO CA 94103-1398

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF72

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912P717R0005

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

U.S. Army Corps of Engineers

San Francisco District

1455 Market Street, 15th Floor

San Francisco, California 94103-1398

Scope of Work

For

CESPN-ET-PA Date: June 16, 2017

PROJECT: Upper Berryessa Creek Flood Risk Management Project

LOCATION: Milpitas, California

TITLE: Upper Berryessa Creek Tree Mitigation Planting

BILLING / MAILING ADDRESS / POINTS OF CONTACT

The technical point of contact (TPOC) for technical questions at the U.S. Army Corps of Engineers

(USACE) is:

ATTN: Tessa Eve Beach

CESPN-ET-PA, Environmental Section A

1455 Market Street

San Francisco, California 94103-1398

Phone: 415-503-6713

Email: Tessa.E.Bernhardt@usace.army.mil

To avoid delay in payment, an electronic copy all correspondence, submittals, invoices, etc. shall be emailed to Joseph Viola, as the single point of contact for this contract:

ATTN: Joseph Viola

CESPN-ET-EC, A-E Services Unit

1455 Market Street, Suite 1731F

San Francisco, California 94103-1398

Phone: 415-503-6883

Email: Joseph.J.Viola@usace.army.mil

A copy of the invoices and monthly safety exposure report shall be emailed to Bick Lee:

ATTN: Bick Lee

CESPN-ET-EC, A/E Services Unit

1455 Market Street, Suite 1731E

San Francisco, California 94103-1398

Phone: 415-503-6882

Email: Bick.Y.Lee@usace.army.mil

Attachments (provided separately):

1. 100% Berryessa Creek Tree Mitigation Plans

2. 100% Berryessa Creek Tree Mitigation Specifications mailto:Tessa.E.Bernhardt@usace.army.mil mailto:Joseph.J.Viola@usace.army.mil mailto:Bick.Y.Lee@usace.army.mil

3. Construction Plans

4. Regional Water Quality Control Board (RWQCB) 401 Certification (#403119)

1.0 GENERAL

This contract covers the following work for the Upper Berryessa Creek Flood Risk Management Project, located in

Milpitas, California:

• Collection and processing per CalPhytos Restoration Nursery Guidelines1 of propagules from the Coyote

Valley Watershed, propagation, and delivery of containerized trees and shrubs (as described in the planting plans (attachment 1) for planting in planting areas 1 and 2;

• Collection, processing, and refrigerated storage, per CalPhytos Restoration Nursery Guidelines,1 until out-planting of large seeds (acorns and buckeye seeds) for planting onsite in planting areas 1 and 2;

• Preparation of planting areas 1 and 2, including soil chemistry testing and applicable soil amendments;

• Planting the plants and seeds in areas 1 and 2, including protective measures and short-term watering;

• Hand/truck watering and plant and grounds maintenance within the planting areas during the plant guarantee period (1 year (365 days) after completion of the planting and acceptance by the TPOC);

• Options for additional years of maintenance in areas 1 and 2 and optional planting and maintenance in areas

3, 4, and 5;

• Other requirements.

1.1 Project and Site Background

The Upper Berryessa Flood Risk Management Project (project) is being constructed along the upper reaches of

Berryessa Creek in Milpitas, California by the U.S. Army Corps of Engineers (USACE) in cooperation with the

Santa Clara Valley Water District (SCVWD).

Berryessa Creek flows westerly from its origin in the Los Buellis Hills in the Diablo Range through the cities of

Milpitas and San Jose, then turns north and flows into Lower Penitencia Creek. The Berryessa Creek Flood Risk

Management Project area extends for approximately 2.2 miles along the creek (Figure 1), primarily within the city limits of Milpitas, with a small stretch at the south end falling within the city limits of San Jose. Interstate 680 (I-

680) serves as the upstream boundary of the project and Calaveras Boulevard (Highway 237) is the downstream boundary (Figure 1).

Other nearby major roads include Milpitas Boulevard and I-880. Surrounding land uses are primarily industrial and commercial, with two residential areas abutting the project area.

The Upper Berryessa Flood Risk Management Project is being constructed in 2017 by another contractor. The project is intended to provide protection from the one percent exceedance probability flood flow event for 650 parcels along Berryessa Creek between Calaveras Boulevard and I-680. The project involves enlarging the Upper

Berryessa Creek channel; armoring channel beds and banks with rock riprap covered by native sediment, biodegradable erosion control blankets, and hydroseed; constructing concrete box culverts; and building other structures including floodwalls, maintenance roads, and access ramps. This contractor is expected to complete their work by the end of 2017.

1 http://www.suddenoakdeath.org/wpcontent/uploads/2016/04/Restoration.Nsy_.Guidelines.final_.092216.pdf

Figure 1. Upper Berryessa Creek Flood Risk Management Project Location and Vicinity.

For the purposes of this scope, planting would occur in two planting areas (Areas 1 and 2) under the base contract and optionally in 3 additional planting areas (Areas 3, 4, and 5). Area 1 is located at the downstream end of the

Berryessa Creek Project between the confluence of Piedmont Creek and Yosemite Drive (stations 116+00 to

123+00) and Area 2 is located just upstream of Area 1, between Yosemite Dive and Ames Avenue (stations 125+00 to 137+00). Optional planting areas include Area 3 between Ames Avenue and the railroad culvert (stations 140+00 to 141+00), Area 4 at the upstream end of the Berryessa Creek Project (stations 180+00 to 183+00), and Area 5 immediately upstream of Area 4 (between stations 183+00 and 189+00. The planting areas are shown in Figure 2 and the 100% plans for each area are provided in Attachment 1.

Figure 2. Planting Area Locations

1.2 Work Areas

1.2.1 Propagules, large seed, and acorns will be collected within the Coyote Creek watershed. Priority locations for collection are as follows: 1) Berryessa Creek Right of Way, 2) Coyote Creek Watershed, 3) approved alternative location. Exact collection locations shall be determined based on good production sites in the summer of

2017. The Contractor will be responsible for determining locations and dates of availability of propagules and large seeds in the wild, but the SCVWD can provide a general map of potential collection locations on SCVWD property and additional information related to collection to the Contractor upon request to assist with this process. Collection will be conducted on lands owned by the SCVWD, or if needed on lands owned by the city or county parks or other agencies. The Contractor shall inform the TPOC and SCVWD or other agency landowner of any lands identified for collection at least 14 days in advance of collection day in order to alert them that the Contractor will be on-site.

1.2.2 Containerized trees and shrubs will be of Coyote Creek watershed ecotypes and produced following the latest CalPhytos Nursery Guidelines for clean propagation1 to be free of exotic Phytophthora to the maximum degree attainable. Propagation and growth of plants will be at facilities provided by the Contractor.

1.2.3 Planting and maintenance work will be conducted in planting areas 1 and 2 under the base contract and optionally in areas 3-5 (as described in section 1.1. and Figure 2).

1.3 Site Conditions

Upper Berryessa Creek is ephemeral under normal circumstances, with flow during the wet months and dry conditions during the late spring, summer, and early fall. The exception to this is where runoff from urban irrigation provides artificial flows which may allow for surface moisture throughout the year, such as downstream of the

Piedmont Creek confluence, where water flow is more persistent. A gravel access road is found along the top of the entire length of the west bank of this Upper Berryessa Creek project area (aside from a short section near the stream’s intersection with I-680). Another access road runs intermittently on the east bank. These access roads are being maintained and expanded as part of the Upper Berryessa Creek Flood Risk Management Project.

Access to Planting Areas 1 and 2 is controlled by locked gates at Yosemite Drive and Ames Avenue. The SCVWD will provide keys to the locks to allow the Contractor to access these sites. Vehicular and foot access in these areas is relatively easy due to the open character of the channel and access roads. The Upper Berryessa Flood Risk

Management project will include construction of crane pads upstream of the Yosemite drive and Ames Avenue bridges that the Contractor may use for revegetation staging for areas 1, 2. Planting Area 3 is accessible from the upstream side of Ames Ave and the contractor may utilize the same revegetation staging area as used for 1,2 given the close proximity of these three areas.

Planting Areas 4 and 5 are at the upstream limit of the Upper Berryessa Flood Risk Management Project area. The

San Jose Water Company Property (on Pecten Court) is being used by the Upper Berryessa Flood Risk Management

Project construction contractor and would be suitable for staging for work at planting at areas 4 and 5. This staging area adjoins the Berryessa Creek right of way. Road access to the San Jose Water company property is via

Montague Expressway, Pecten court, and a gated driveway on the property connecting to Pecten Court. Pecten

Court is a paved public road.

1.4 Schedule

Tasks Anticipated Period of Performance

Base contract (see sections 1.4.1 and 4.0) Contract Award (July 2017) – December 2019

Option 1 (see sections 1.4.2 and 5.1) January – December 2020

Option 2 (see sections 1.4.2 and 5.2) January – December 2021

Option 3 (see sections 1.4.2 and 5.3) June 2018 – December 2020

Option 4 (see sections 1.4.2 and 5.4) January – December 2021

Option 5 (see sections 1.4.2 and 5.5) January – July 2022

Note: All combined durations for the base and all options awards cannot exceed a total duration of 60 months

(5years) from contract award.

1.4.1 Base Contract (Planting Areas 1 and 2)

Following receipt of the notice to proceed (NTP), the Contractor shall identify the necessary quantity of plants for planting areas 1 and 2 (as calculated from the plans in Attachment 1 – 100% Plans) and collect propagules to propagate and furnish containerized shrub and tree stock (of Coyote Creek Watershed ecotypes). Propagules shall be collected in summer/fall/early winter 2017 and propagated at appropriate nursery facilities provided by the contractor according to the latest CalPhytos Nursery Guidelines for clean propagation1 for planting in late fall, 2018.

The Contractor will be responsible for determining locations and dates of availability of propagule materials. Large

Acorns and Buckeye seeds for direct planting shall be collected between September 1 and November 30, 2018. The

Contractor will be responsible for determining locations and dates of availability of large seeds during this timeframe depending upon seed ripeness. Collection hours (for both propagation materials and large seeds) on

SCVWD property will be between 8:00 AM to 5:00 PM on weekdays. Collection on city or county parks’ or other agency property shall be during hours and days specified by the agency. Once large seeds are collected in Fall 2018, they shall be processed (following the procedures listed in the CalPhytos Restoration Nursery Guidelines1) and stored prior to direct planting in the planting areas according to the specifications (Attachment 2 – 100%

Specifications) and using appropriate species-specific techniques to maintain their viability. At the time of planting, seed shall not have been stored longer than 120 days.

Prior to planting acorns, seeds, and containerized trees and shrubs, and prior to the onset of rain, while the soil is dry, the planting areas shall be prepared by the Contractor. Preparation will include soil sample collection and submission to a certified soil and plant testing laboratory for analysis, The Contractor shall submit a memorandum that contains the soil test results within 45 days of the NTP. Trees and Shrubs shall be planted between October 15th and December 31st, 2018 unless otherwise approved by the TPOC. The Contractor shall layout trees and shrubs in accordance with the planting plans (Attachment 1); add additional amendments to the soil if deemed necessary by the TPOC and in accordance with the type and rates recommended by the soil test laboratory results; and place mulch as indicated in the planting plans (Attachment 1). Planting shall include incidental short-term, regular watering of newly planted plants to prevent wilting and maintain viability.

After plants are installed and accepted by the TPOC, The Contractor shall guarantee the survival of all of the plants for a guarantee period of 365 days after approval of the installation by the TPOC (expected to be approximately calendar year 2019). During the final 2.5 months of the guarantee period, the Contractor shall replace, at no additional cost, plant material that is determined by TPOC to be either dead or in poor health.

During the 365-day guarantee period, the Contractor shall hand water and maintain the plants and grounds in the planting areas, including thinning seedlings, weeding (without the use of herbicides), maintaining mulch, structural or corrective pruning of trees and shrubs (under direction of an arborist), inspecting for pests, removing trash and debris, replacing dead plantings, and reporting.

The Contractor shall provide hand watering via water truck through the end of the guarantee period. All water used for irrigation purposes shall be recycled or reclaimed water and may be obtained from the South Bay Water recycling Program, which operates in both Milpitas and San Jose. The guarantee period watering schedule will be developed by the Contractor as part of a maintenance plan (see tasks in Section 4.0 below) and with consideration for the weather and species planted. The schedule must be approved by the TPOC prior to the commencement of watering. The watering schedule is generally anticipated to follow the following rates:

1. January – March: Water 2 times per month

2. April – June: Water 2 times per month

3. July – October: Water 1 time per week

4. November – December: Water 2 times per month

The Contractor shall prepare and submit maintenance reports to the TPOC on a quarterly basis during the guarantee period. The Contractor shall replace all plant material determined by the TPOC to be dead or in poor health during the last 2.5 months of the guarantee period (anticipated to be between October 15, 2019 and then end of the 2019 calendar year). A final report and as-built drawings shall be submitted no later than two weeks after the end of the guarantee period.

All maintenance and planting work on site under the base or optional tasks is to be conducted Monday through

Friday during the work hours of 8:00 AM to 5:00 PM. However, site access, evaluation, and setup/closedown for work may start as early as 7:30 AM or extend until 6:00 PM. Work during these extended hours may not include use of motorized equipment other than street-legal vehicles. No work is allowed on holidays as defined by the State of

California. In case of emergency, work outside the allowed periods may be allowed with the approval of the

Contracting Officer.

1.4.2 Contract Options

Contract Options 1 and 2 are for additional years of watering (year 2 and year 3, respectively) in Planting Areas 1 and 2. Option 1, if awarded, would start after the last watering associated with the base task guarantee period

(approximately the beginning of 2020). Option 2, if awarded, would start after the last watering associated with

Option 1 (approximately the beginning of 2021). Similar to the base contract, Contract Option 3 is for collection of propagules, propagation, and furnishing of containerized trees and shrubs; large seed collection and processing; site prep; planting of large seeds and container plants; and maintenance during a 365-day guarantee period for Planting

Areas 3, 4, and 5. Contract Option 3, if awarded, is expected to begin in late summer 2018 (collection and propagation for containerized plants) with planting in fall 2019 and maintenance during the guarantee period approximately during the 2020 calendar year. Contract Option 4 is for an additional year of watering (year 2) in areas 3, 4 and 5 and, if awarded, would start after the last watering associated with the Option 3 guarantee period

(approximately the beginning of 2021). Option 5 is for another additional seven month period of watering (following year 2) in areas 3, 4 and 5 and, if awarded, would start after the last watering associated with Option 4

(approximately the beginning of 2022).

1.5 Payment

1.5.1 Full compensation for furnishing all labor, materials, tools, equipment, facilities, and incidentals, and for doing all work required for maintenance shall be included in the unit price bid.

1.5.2 Fee proposal: The proposal must include a detailed breakdown of labor, equipment, and markup costs, including such costs for all subcontractors. Contact TPOC to coordinate a pre-proposal site inspection or to clarify questions related to this scope of work.

1.5.3 The contractor will be required to submit monthly work logs to the TPOC during the 365-day guarantee period and deficiency items will be listed by the TPOC during guarantee period monthly site visits (see task 6.1). The work logs should follow a standard format, be scanned in PDF format or transposed in

Microsoft word, and be organized with daily entries for all dates on which work is conducted onsite. The entries should include at a minimum date, work locations (planting areas), activities, personnel onsite, duration onsite, and any issues noted. Monthly payments will not be made until the logs have received favorable review by the TPOC and any deficiency list items have been satisfactorily corrected.

1.6 References

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. GENERAL SERVICES ADMINISTRATION (GSA)

Federal Acquisition Regulations (FAR) (2005) Federal Acquisition Regulations

TREE CARE INDUSTRY ASSOCIATION (TCIA)

ANSI A300 (1991) American National Tree Care Standards

ANSI Z133.1 (2006) American National Standard for

Arboricultural Operations - Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush-

Safety Requirements

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008; Errata 1-2010; Changes 1-3 2010; Changes 4-6

2011) Safety and Health Requirements Manual

1.7 Definitions

1.7.1 Technical Point of Contact

The technical point of contact (TPOC) is the employee from the USACE that will approve all submittals and pay requests. All technical communication with the USACE shall be through the TPOC.

1.7.2 Contracting Officer Representative

The contracting officer representative (COR) is the employee of the USACE that processes all submittals and pay requests. All administrative communication with the USACE shall be via the COR.

1.8 Insurance

The Contractor shall have a valid California business license. The Contractor shall have applicable insurance as referenced in the Federal Acquisition Regulations (FAR) Part 28.3.

1.9 Safety

1.9.1 USACE Safety Manual (EM 385-1-1)

All work under this contract shall be accomplished in full compliance with the USACE Safety Manual EM 385-1-1 http://www.usace.army.mil/publications/eng-manuals/em385-1-1/toc.htm (especially Sections 4 and 5). The

Contractor is responsible for ensuring the personal safety of all its personnel and subcontractors using either site or otherwise working under this contract. Work crews shall have a designated crew supervisor who shall be responsible for crew activity and safety and will direct crews on a daily basis in the performance of this work. The

Contractor shall provide reasonable notice to all employees and subcontractors of safety hazards on the worksite.

The planting sites, as well as seed collection areas may have varied obstacles such as steep slopes, loose soil and rock, or sudden grade changes. The creek may be deep enough or have currents fast enough to present hazards to people attempting to wade. During the rainy season creek flow could increase rapidly in response to rainfall.

Employees should avoid working alone to the maximum extent possible and should always have a working mobile phone on their person when onsite. Dry conditions in the planting areas may increase the risk of fire danger. Care must be taken to avoid any activity which risks starting a fire. No smoking is allowed in the planting areas.

Employees shall be provided instructions and training in what to do to maintain personal safety if a fire starts anywhere on the work site. Any fire should be reported immediately by calling 9-1-1.

1.9.2 Monthly Safety Exposure Reports

The Contractor shall submit the “USACE Summary of Contractor Work-Related Injuries and Illnesses” by using

“Summary Guide for Completing USACE Contractor Monthly Summary Record of Injuries/Illnesses & Work Hour

Exposure” guidelines. Monthly safety exposure report (MSER) shall be submitted on a monthly basis, report is to be sent in electronic spreadsheet format. The MSER is a compilation of number of cases with days away from work, with job transfer or restriction, and other recordable cases; also number of employee-days of job transfer or restriction, total number of injuries and illnesses according to types, establishment information, and employment information. This is to maintain an accurate USACE Summary of Contractor Work-Related Injuries and Illnesses count for the Contractor and for individual subcontractors. The electronic forms (in excel application, spreadsheet format) can be downloaded from:

https://team.usace.army.mil/sites/NAE/EP/W/WG/admin/Safety/Safety General/Monthly Record of Work-Related

Injuries Illnesses Exposure.xls

If the Contractor has any questions related to the Monthly Safety Exposure Report, they should contact:

Bick Lee

U.S. Army of Corps Engineers

1455 Market St. Suite 1731E

San Francisco, CA 94103-1398

Tel: 415-503-6882

E-mail: Bick.Y.Lee@usace.army.mil http://www.usace.army.mil/publications/eng-manuals/em385-1-1/toc.htm mailto:Jason.d.ho@usace.army.mil

1.10 Environmental Protection

1.10.1 General Requirements

The Contractor will not harm, harass, disturb, or capture wildlife or aquatic life. No pollution of earth or water will be allowed, and in particular motor oil, lubricating oil, and fuel will not be allowed to contact soil, water, or vegetation. No motorized equipment will be used in the water.

1.10.2 Biological Resources and Protected Species

The Contractor will minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The Contractor shall be responsible for the protection of protected, threatened, and endangered animal and plant species including their habitat in accordance with federal, state, regional, and local laws and regulations.

The Contractor will be responsible for compliance with the Migratory Bird Treaty Act, including avoiding direct or indirect disturbance to nesting birds, their eggs, and offspring.

No herbicide use shall be permitted. Weeding shall be conducted by hand or via mechanical methods.

1.10.3 Protection of Water Quality

The Contractor will comply with all applicable provisions of the federal Clean Water Act, including the Regional

Water Quality Control Board (RWQCB) 401 Certification (#403119; Attachment 4) for the Upper Berryessa Creek

Flood Risk Management Project which includes provisions regarding protection of water quality and the Waters of the State of California. No vehicles or power equipment will be allowed in the water at any time.

The Contractor will comply with all applicable provisions of the federal Clean Water Act, including the cited above as well as the provisions of Section 404(b)(1) of the Act. The Contractor will not cause degradation of or fill to

Waters of the U.S. as defined in this Act except for minor disturbances required under this scope. Work described in this scope has been determined to be in compliance with Section 404(b)(1) of this act.

1.10.4 Protection for Plants and Soil from Vehicle Use

Street-legal vehicles shall only be used and parked on public or maintenance roads, access ramps, or in staging areas.

Street-legal vehicles may generally be used on existing maintenance access roads and ramps in seed collection areas.

The SCVWD should be contacted for details regarding vehicle use in these areas.

1.10.5 Disposal of Waste

All waste generated onsite will be disposed of offsite in accordance with all applicable federal, state, and local laws and regulations. This will include plant clippings and debris.

1.11 Qualifications

The Contractor and all subcontractors involved in collection of propagules or large seed, propagation and furnishing of containerized plants, planting of seeds and plants, and maintenance of plants and grounds shall have substantial experience and expertise (in performance of their assigned tasks under this contract) in the context of restoration or mitigation of riparian habitat in California with native plants. Said experience and expertise will be required only for the particular tasks that the Contractor or given subcontractor will be performing.

The Contractor (or subcontractor) performing maintenance tasks must have at least four months direct experience in maintaining and watering riparian mitigation and/or restoration plantings. Maintenance of ornamental landscaping does not qualify towards this experience.

Before entering the job site, field workers shall receive training that includes information on Phytophthora diseases and how to prevent the spread of these and other soil borne pathogens by following approved phytosanitary procedures as described in the CalPhytos Restoration Nursery Guidelines1. Contractors shall provide documentation that such training has been provided. The Contractor or subcontractor shall also have training by a qualified biologist in identifying invasive weeds on the California Invasive Plant Council list (www.cal-ipc.org).

Corrective structural pruning of trees or shrubs shall be performed under direction of an arborist certified by the

International Society of Arboriculture (ISA) or American Society of Consulting Arborists (ASCA). The Contractor must also be familiar with the riparian species of the Santa Clara Valley, and experienced in the evaluation of their health (including presence of stress responses and common pests) during the course of the growing season.

1.12 Pre-screen candidates using E-Verify Program

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. *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This

Form will be provided to the Contracting Officer and shall become part of the official contract file.

2.0 REQUIRED CERTIFICATIONS

2.1 Arborists License and Resume

Submit ISA or ASCA arborist license and resume substantiating education and experience to the TPOC for approval of the arborist that will direct tree and shrub pruning.

3.0 UNSATISFACTORY WORK

When work is found to not meet design intent and specifications, the contractor shall redo the work at no additional cost to the government until work has been completed, inspected and accepted by the TPOC and the Contracting

Officer.

4.0 BASE CONTRACT (Planting Areas 1 and 2)

4.1 Summary of Work

The base contract includes collection of propagules, propagation, and furnishing of containerized trees and shrubs;

large seed collection and processing; site prep; planting of large seeds and container plants; and maintenance during a 365-day guarantee period for Planting Areas 1 and 2.

4.2 Submittals

Monthly work logs Section 1.5.3

Monthly Safety Exposure Report Section 1.9.2

Phytophthora Disease Prevention Training Documentation Section 1.11

International Society of Arboriculture Certification and Resume Section 3.1

Environmental Protection Plan Task 1.2

Integrated Pest Management Plan Task 1.3

Propagule Collection Report Task 2.1 http://www.cal-ipc.org/

Nursery Records Verifying Compliance with Clean Production Practices Task 2.2

Seed Collection Report Task 3.0

Soil Test Result Memorandum Task 4.1

Mulch Sample and Manufacturer’s Analysis Task 4.2

Maintenance Plan Task 5.1

Maintenance Report Format Task 5.5

Maintenance Reports Task 5.5

Final Report with As-built Drawings Task 6.2

Additional submittals would be required if the Contract Options are awarded. See Section 5.0 for a description of these submittals.

4.3 Products

4.3.1 Water

The Contractor will be responsible for providing water via a water truck for hand watering of the planting areas. The

Irrigation water must be recycled or reclaimed water and may be obtained from the South Bay Water recycling

Program, which operates in both Milpitas and San Jose.

4.4 Tasks - Base Contract

4.4.1 Task 1.0 Project Planning

Task 1.1 Orientation Meeting

After NTP, the Contractor shall participate in an initial orientation meeting onsite with the TPOC and SCVWD to tour the planting areas and discuss site conditions and expected execution of scope requirements. The Contractor will bring hard copies of the plans to annotate based on onsite discussions.

Task 1.2 Environmental Protection Plan

The Contractor shall submit an environmental protection plan that outlines controls that will be used to assure protect the environment during planting operations. The plan shall be approved by the TPOC prior to the start of work on either site. The plan will include:

• Protection of vegetation and habitat (including from spread of exotic Phytophthora)

• Protection of surface water and dry streambeds from contamination from debris, oil, fuels, etc.

• Protection of wildlife

• Compliance with the RWQCB Order

Task 1.3 Integrated Pest Management Plan

The Contractor shall prepare an integrated pest management plan that will be approved by the TPOC. The integrated pest management plan shall include strategies for controlling animal pests such as deer, rats, and gophers which may harm plantings and for controlling invasive plant species in the planting areas.

4.4.2 Task 2.0: Propagation and Furnishing of Containerized Trees and Shrubs

See Attachment 2 (100% Specifications) Section 02931 for detailed Tree and Shrub requirements. Note that all plant materials shall be collected, processed, produced, handled, and delivered according to the phytosanitary practices described in attachment 2, Specification 02931 Part 3, Section 3.1, Subsection L (Plant Pathogen Control Best

Management Practices), Specification 02932 (Nursery Plant Pathogen Prevention), and the CalPhytos Restoration

Nursery Guidelines1 in order to minimize to the maximum extent practicable spread of exotic Phytophthora.

Task 2.1: Propagule Collection for Containerized Trees and Shrubs

The 100% Plans (Attachment 1) contain the plant species and quantity estimates for each species required for each planting area. However, it is the responsibility of the Contractor to calculate the necessary quantities directly from the drawings. An additional 15% of each species shall be produced as a contingency. If some or all of these plants are not needed for execution of the planting plans, the Contracting Officer Representative (COR) will determine their disposition.

The container stock shall be Coyote Creek watershed ecotypes. The contractor shall collect enough propagules to supply the quantities of containerized plants indicated in Attachment 1 (100%-Plans) for Planting Areas 1 and 2.

Propagules shall be collected within the Coyote Creek watershed during summer/fall/early winter 2017. If cuttings are collected they should be from plants that are crowded or that need to be removed, and include most or all suitable stems from plant.

Priority for collection location is as follows: 1) Berryessa Creek Right of Way, 2) Coyote Creek Watershed, 3) approved alternative location. Collection will be on lands owned by the SCVWD, or if needed on lands owned by the city or county parks or other agencies. Collection permits will be required from the SCVWD, City or County

Parks, and possibly other agencies. It is the responsibility of the contractor to obtain such permits. The Contractor will be responsible for determining dates and locations of availability of plant materials in the wild during summer/fall/early winter 2017, but a general map of potential collection locations and other available information will be provided upon request to the Contractor by the SCVWD to assist with this process. The Contractor shall inform the TPOC and SCVWD (or other agency landowner) at least 14 days in advance of any collection day so they are aware the Contractor will be on-site. Collection hours on SCVWD property will be between 8:00 AM to

5:00 PM on weekdays. Seed collection on city or county parks or other agency property shall be during hours and days specified by the agency.

Within 14 days of completion of propagule collection, the Contractor shall provide a memo with the results of the collection effort. The memo shall include collection dates, botanical names of species collected, locations of collection (map or detailed description with latitude/longitude), quantity collected, and any propagule quality or quantity short-comings and a plan to meet required quantity and quality, if necessary.

Task 2.2: Propagation and Delivery of Plants

The contractor shall grow the plants at an appropriate nursery facility provided by the contractor. Plants shall be produced under clean propagation conditions as such material is assumed to be free of exotic Phytophthora to the maximum degree attainable (See Attachment 2 100% Specification Section 2932 (Nursery Plant Pathogen

Prevention) and the CalPhytos Restoration Nursery Guidelines1.

Documentation of practices followed throughout the production cycle, including monitoring and testing conducted as part of quality assurance, is required to provide a basis for certifying clean propagation conditions. The nursery shall maintain records needed to verify compliance with clean production practices and facilitate traceability of materials during the propagation process (See 100% Specifications (Attachment 2) Section 2932, Part 3, Subpart 3.6 and the CalPhytos Restoration Nursery Guidelines1) and the Contractor shall submit these records to the TPOC prior to acceptance of the containerized trees and shrubs for delivery to the site.

Plants grown under this contract shall be of a natural form and healthy and well established according to accepted nursery standards and practices generally accepted for restoration plantings in California. Container size shall be at least as large as indicated in the plant legends in the 100% Plans (Attachment 1). The TPOC or another representative of the Corps of Engineers will inspect the plants at the nursery for final acceptance prior to delivery.

Propagated tree and shrub stock shall meet the criteria for accepting containerized trees and shrubs detailed in

Attachment 2 (100% Specifications) Section 02931.

Deliveries to planting areas will be made expeditiously when planting is ready to begin and will be made in phases, if necessary, to reduce risk to plants held on site prior to planting. Delivery is to be scheduled between 8:00 AM and

2:00 PM. Plants held at the delivery site prior to planting will be protected by the Contractor from theft, vandalism, herbivory, and other harm through fencing, locks, and other necessary means to ensure that they will not be damaged prior to planting and from contamination by local soil pathogens through proper storage per the CalPhytos

Restoration Nursery Guidelines1. The contractor will be fully responsible for protection and maintenance of the plants prior to planting, including watering to maintain optimal plant health.

4.4.3 Task 3.0 Seed Collection and Storage

See Attachment 2 (100% Specifications) Section 02925 for detailed Seed Collection requirements. Note that seed shall be collected, handled, and stored according to the phytosanitary practices described in attachment 2, Specification 02931 Part 3, Section 3.1, Subsection L (Plant Pathogen Control Best Management Practices), Specification 02932 (Nursery Plant Pathogen Prevention), and the CalPhytos Restoration Nursery Guidelines,1 in order to minimize to the maximum extent practicable spread of exotic Phytophthora.

Enough acorns and Buckeye seeds to supply the quantities indicated in Attachment 1 (100%-Plans) for Planting

Areas 1 and 2 shall be collected within the Coyote Creek watershed from wild trees not pollinated by nearby landscape trees. Priority for seed collection is as stated above for propagule collection (See Task 2.1). Seeds will be collected when available between September 1 and November 30, 2018. The Contractor will be responsible for determining locations and dates of availability of seeds in the wild during the specified timeframe, but a general map of potential collection locations and other available information will be provided upon request to the Contractor by the SCVWD to assist with this process. The Contractor shall inform the TPOC and SCVWD (or other agency landowner) at least 14 days in advance of any collection day so they are aware the Contractor will be on-site. Seed collection hours on SCVWD property will be between 8:00 AM to 5:00 PM on weekdays. Seed collection on city or county parks or other agency property shall be during hours and days specified by the agency.

Within 14 days of completion of seed collection, the Contractor shall provide a memo with the results of the seed collection effort. The memo shall include collection dates, botanical names of species collected, locations of collection (map or detailed description with latitude/longitude), quantity collected, and any seed quality or quantity short-comings and a plan to meet required seed quantity and quality, if necessary.

Once collected, the acorns and seeds shall be stored prior to direct planting in the planting areas. Storage shall be conducted according to the specifications (Attachment 2 – 100% Specifications), in an airfilled-moist medium (e.g.

vermiculatie or perlite), and using appropriate species-specific techniques to maintain viability. Acorns and

Buckeye seed for direct planting shall have been stored for no longer than 120 days at the time of planting and shall meet the criteria for accepting acorns and buckeye seed detailed in Attachment 2 (100% Specifications) Section

02931.

4.4.4 Task 4.0: Installation of Seeds and Containerized Plants

See Attachment 2 (100% Specifications) Section 02931 for detailed requirements for Installation of plant materials.

Note that all plant material handling and installation activities must be conducted according to the phytosanitary practices described in attachment 2, Specification 02931 Part 3, Section 3.1, Subsection L (Plant Pathogen Control

Best Management Practices), Specification 02932 (Nursery Plant Pathogen Prevention), and the CalPhytos

Restoration Nursery Guidelines1 in order to minimize to the maximum extent practicable spread of exotic

Phytophthora.

Task 4.1 Site Preparation Soil Testing

One four-point composite soil sample from each planting area shall be collected (as detailed in Attachment 2 (100%

Specifications) Section 02931, Part 3.1, Section A - Soil Testing), and analyzed by a certified soil and plant testing laboratory. Soil testing shall include the following tests:

Fertility Tests – Half saturation percentage, pH, salinity, nitrate nitrogen and sodium.

Agricultural Suitability Tests - saturated extract salinity, potassium, calcium, magnesium, boron, sodium, sulfate, SAR.

The Contractor shall submit a memorandum that contains the soil test results within 45 days of the NTP on the contract.

The results of the soil testing shall be used to determine if any soil amendment is necessary for planting. If amendments are recommended, the Contractor, with approval from the TPOC, shall add the additional amendments

(with the exception of any organic material) to the soil from the planting holes for trees and shrubs in accordance with the type and rates recommended by the soil test laboratory. Organic material such as compost, paper pulp, wood chips, etc. shall not be incorporated into the soil in the planting hole. Organic mulch is acceptable as a top-dressing.

Task 4.2 Installation of Plants and Seeds

Propagated trees and Shrubs shall be planted between October 15th and December 31st, 2018 unless otherwise approved by the TPOC. Acorns and seeds shall be planted within 120 days of collection. Trees and shrubs shall be located in accordance with the planting plans (Attachment 1 – 100% plans). The Contractor shall use pin flags to mark the location of the trees and shrubs in the field for review and approval by the TPOC prior to the installation of the trees and shrubs. Planting holes for trees and shrubs shall be twice the diameter of the container size and equal in depth to the container size. Planting holes shall be flat bottomed. Any soil amendment (as indicated by the laboratory testing and approved by the TPOC) shall be mixed with native soil and backfilled into the planting hole.

Replaced soil shall be watered in and boot compacted to eliminate air pockets. Any leftover soils from creating the planting holes shall be used to create the watering basin and/or raked about the plants as not to alter the surrounding grades significantly.

The Contractor shall also install plant accessories and mulch according to details on the 100% plans (Attachment 1).

Plant accessories are indicated in the plant legends on the plans. The Mulch must be organic weed-free mulch with a one-half (½) inch minimum and three (3) inch maximum particle size and low salt content. The Mulch shall be made from recycled, kiln-dried wood products and free from plant materials with allopathic chemicals or root pathogens, such as Phytophthora. The Contractor must submit a sample and of the mulch and manufacturer mulch analysis and obtain approval from the TPOC prior to delivering mulch to the site.

Planting shall include incidental short-term, regular watering of newly planted plants to prevent wilting and maintain viability.

The TPOC or another representative of the Corps of Engineers will inspect the installed plants for compliance with the 100% plans (Attachment 1) and the acceptance criteria in the 100% specifications (Attachment 2) before approving the installation for final acceptance. Upon completion of work, the Contractor shall remove all materials, tools, rubbish and debris associated with the work.

The Contractor shall guarantee the survival of all of the plants for a 1-year (365-day) guarantee period after completion of the planting and approval of the installation by the TPOC (See Task 5 below). During the last 2.5 months of the guarantee period, the Contractor shall replace, at no additional cost, plant material that is determined by the TPOC to be either dead or in poor health (See 100% Specifications Section 02931, Part 1, Subpart 1.3. B).

4.4.5 Task 5.0: Plant and Landscape Maintenance during the Guarantee Period (Year 1)

See Attachment 2 (100% Specifications) Section 02935 for detailed requirements during the year 1 maintenance period. Note that maintenance activities must be conducted according to the phytosanitary practices described in attachment 2, Specification 02931 Part 3, Section 3.1, Subsection L (Plant Pathogen Control Best Management

Practices) and the CalPhytos Restoration Nursery Guidelines1 in order to minimize to the maximum extent practicable spread of exotic Phytophthora.

Task 5.1 Maintenance Plan

Submit a maintenance plan to the TPOC for review and approval. Provide procedures and schedules for watering, pruning, mulch replacement, reporting, and other maintenance work. The plan will include site-specific recommendations for the planting areas.

Task 5.2 Hand Watering

The Contractor shall perform hand watering in a manner that promotes the health, color, and appearance of planted vegetation and that complies with all applicable requirements of federal, state, and local agencies. Watering must be slow enough to create deep penetration of water into soil and shall wet the soil to the entire depth of the root mass.

The Contractor shall be responsible to prevent overwatering, water run-off, erosion, and ponding due to excessive quantities or rate of application. The Contractor shall abide by state, local or other water conservation regulations or restrictions in force during the guarantee period.

Water Source: The Contractor will be responsible for providing water via a water truck for hand watering of the planting areas. Irrigation water must be recycled or reclaimed water and may be obtained from the South Bay Water recycling Program, which operates in both Milpitas and San Jose.

Schedule: The Contractor shall provide hand watering via water truck through the end of the guarantee period. The guarantee period watering schedule will be developed by the Contractor as part of the maintenance plan (see above) and with consideration for the weather and species planted. The schedule must be approved by the TPOC prior to the commencement of watering. The watering schedule is generally anticipated to follow the following rates. The quantity and frequency of watering should be minimized but should be adequate to maintain plant health. The

Contractor shall adjust the frequency of watering to account for unseasonable periods of high or low rainfall.

The Contractor shall estimate the amount of water usage once per month during the irrigation season. Records of water usage shall be included in the quarterly maintenance reports (see Task 5.5 below).

Task 5.3 Plant Maintenance

Thinning

The Contractor shall reduce seedling competition and protect seedlings by thinning acorn seedlings to 1 per planting hole at least 9 months and no more than 18 months after initial planting.