Amendment W912WJ24Q0035-0001.pdf

W13G86334818440001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment is necessary to provide responses to questions from industry, revise the Performance Work Statement, provide information on a scheduled site visit, and update sheet C-1.

Closing remains January 19, 2024 at 2:00 PM Eastern.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 09-Jan-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912WJ24Q0035

X 9B. DATED (SEE ITEM 11)

05-Jan-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

09-Jan-2024

CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912WJ24Q0035

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

REQUEST FOR INFORMATION

QUESTION 1: Is there a site visit scheduled for this project?

RESPONSE 1: A site visit will be conducted on January 12, 2024 at 10:00 am Eastern. Anyone interested in joining the site visit should report to the entrance gate on S. Veshire Road, Veshire, VT lat 43.918818, long -

72.286197. See maps for vicinity and entrance locations.

Vendors that cannot attend this site visit but are interested in viewing the site will need to make alternate arrangements per the revised Performance Work Statement.

QUESTION 2: Is it correct that wood and brush is staying on-site with no hauling or chipping required?

RESPONSE 2: That is correct, all felled trees/brush will be stockpiled on-site. No hauling or chipping is required.

QUESTION 3: Are the cut boundaries marked already?

RESPONSE 3: No, the cut boundaries are not marked.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

TREE CLEARING

ELY MINE SUPERFUND SITE

Vershire, Vermont Performance Work Statement

REVISED

I. General:

1. Scope – Furnish all labor, materials, and equipment to provide Tree Clearing encompassing 21.1-acres, at the Ely Copper Mine Superfund Site located in Vershire, Vermont.

2. Background - The Ely Copper Mine, is an abandoned copper mine now US EPA

Superfund Site located in Vershire, Orange County, Vermont and encompasses approximately 350 acres where historic mining activities took place. This includes about 30 acres of waste material containing an estimated 172,000 tons of waste rock, tailings, ore roastbeds, slag heaps and smelter wastes. The Site also includes over 3,000 linear feet of Underground Mine Workings along with the associated shafts and adits. No buildings remain at the Site. Remnant foundations, pads, and stone walls, including a 1,400-foot-long smoke flue, demark the location of the former Site structures including a former flotation mill and the smelter plant.

3. Location – The main entrance to the site is located along South Vershire Road, Vershire, VT at lat 43.918818, long -72.286197. Vicinity and Entrance maps are provided in Attachment A.

4. Existing Conditions - The Ely Mine Superfund Site is heavily vegetated with unpaved, gravel access roads to the required clearing areas (see Sheet C-1 titled “WINTER 2023- 2024 TREE CLEARING PLAN.” There will likely be snow cover throughout the site during performance of this contract.

5. Site Visit – The site is current accessible from S.Vershire Road as shown in this solicitation. You are welcome to visit at your convenience. The site itself is privately owned, so please notify the Technical Point of Contact of your intended date/time of visit and do not travel beyond the entrance gate area without Technical Point of Contact approval.

The site is privately owned and all visitors are required to be escorted by a government representative. There will be one escorted site visit for all potential bidders on Friday January 12, 2024 beginning at 1000 EST. Please notify the Technical Point of Contact if you plan to attend. The site visit will start promptly at 1000 EST from the entrance gate on S.Vershire Road. Representative photos will be taken and posted via amendment to the solicitation.

Those vendors that are not able to attend this site visit will be required to coordinate with the Technical Point of Contact for another date and time as soon as possible. The Technical Point of Contact for the project is Mr. Mark Lovejoy (978) 318-8934, or mark.a.lovejoy@usace.army.mil.

6. Schedule – The work shall be completed within 100 calendar days from contract award.

Tree felling shall be completed no later than April 14, 2024, which is the beginning of the protection window for endangered bats. Stacking of trees may be performed after this date.

Work shall be performed Monday through Friday 7:00 AM to 5:00 PM unless otherwise approved by the Technical Point of Contact. No work shall be done on Government holidays or weekends.

7. Safety Requirements – All work shall be conducted in accordance with the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, most recent edition), and all applicable OSHA, federal, state, and local safety and health requirements.

A copy of EM 385-1-1 can be accessed at the project office or electronically at Headquarters USACE website under publications using the following link:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385 -1-1.pdf

Project staff reserve the right to cease work at any time should the safety of employees, Contractors, and/or the public become jeopardized.

a. Abbreviated Accident Prevention Plan:

The Contractor shall prepare an Abbreviated Accident Prevention Plan (APP) specific to the activities being performed. It shall include Activity Hazard Analyses (AHAs) as described below in paragraph C. A non-mandatory, fillable Abbreviated APP template is available upon request. However, the contractor is permitted to submit their own plan, at a minimum it must meet the requirements of EM 385-1-1, Appendix A, Section K.

A preparatory meeting shall be conducted by the prime contractor to discuss the Abbreviated APP contents with all effected onsite employees. The Prime Contractor is responsible for informing their subcontractors of the safety provisions under the terms of the contract, the penalties for noncompliance, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

b. Activity Hazard Analysis (AHA):

An AHA shall be submitted for each major phase of work. A major phase of work is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform the work. The analysis shall define all activities to be performed, identify the sequence of work, the specific hazards anticipated, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level. The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.

c. Emergency Response:

Emergency procedures shall be documented in the Abbreviated Accident Prevention Plan and will include a map with directions to the nearest hospital, emergency contact numbers, and onsite First Aid/CPR responders.

d. Required Personnel:

The Contractor shall designate one employee as the site’s Competent Person (CP) who is responsible for ensuring a safe environment for all employees. The CP shall be present at the project site and report to the contractor’s upper management. The CP is required to have related construction and/or service experience.

When emergency medical services are not accessible within five (5) minutes of the work location and there are two (2) or more workers onsite, at least two (2) employees shall be trained in First Aid and CPR. Minimum qualifications are listed in EM 385-1- 1, Section 03.A.02.c.

e. Accident Reporting:

All accidents and near misses shall be investigated by the Contractor. All work-related recordable injuries, illnesses and property damage accidents (excluding on-the-road vehicle accidents), in which the property damage exceeds $5,000.00, shall be verbally reported to the TPOC within four (4) hours of the incident. Serious accidents as described in EM 385-1-1 Section 01.D shall be immediately reported to the TPOC.

ENG Form 3394 shall be completed and submitted to the TPOC within five (5) working days of the incident.

The Contractor shall compile employee work hours (including subcontractors) and forward the total hours to the TPOC no later than close of business on the 10th calendar day of the following month. The method of transmission by the prime contractor to the TPOC shall be electronically.

8. Pre-Work Conference – Prior to the start of any work, the Technical Point of Contact will schedule and conduct a “Pre-Work Conference”. The Contractor’s Project Manager and Quality Control Personnel will be physically present to attend this meeting. The Contractor shall directly oversee all work on the project and the Project Manager and Quality Control Personnel shall have the authority to act for the Contractor. This conference will be held at the time and location agreeable to the government and contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of contract work or obtain other pertinent information that might be required. At the Pre-Work Conference the contractor shall provide the name of the project superintendent with a telephone number for project coordination.

The following is a general list of items for discussion during this Pre-Work Conference:

i. Authority of the Technical Point of Contact and Quality Assurance Inspectors.

ii. Contractor’s Safety Program (including sub-contractors).

iii. Abbreviated Accident Prevention Plan and Activity Hazard Analysis (Submitted & accepted prior to start of work on site)

iv. Safety Meetings

v. Accident Reporting (ENG Form 3394)

vi. Safety Data Sheet (SDS) requirements

vii. Contractor’s Equipment

viii. Correspondence, Communication, Security and Administrative Procedures.

ix. Invoice and payment.

9. Permits – In accordance with the Superfund law: no Federal, State, or local permit shall be required for the portion of any removal or remedial action conducted entirely on-site. The Contractor shall comply with any applicable Federal, State, County, and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

10. Security – The contractor is responsible for securing materials and equipment and any portion of unfinished work to prevent loss or injury.

11. Contractor’s Personnel –

a. Minimum Personnel Requirements The Contractor shall provide an adequate number of fully qualified personnel to perform the specified service properly and efficiently within the time limits specified.

b. Employee Conduct

The Contractor shall be responsible for seeing that the firm’s employees strictly comply withal CFR 36 Rules and Regulations, Federal, State, and Municipal laws.

Any personnel activity, which, in the opinion of the Government, is deemed detrimental to the performance of the contract may result in the removal of Contractor employee/employees.

Examples of unbecoming actions or conduct include but are not limited to the following:

i. Cursing, harassment, or discrimination of and/or unwarranted physical contact with visitors, Corps personnel, or other contractors.

ii. Recurring written and/or verbal complaints from visitors, Corps personnel, or other contractors.

iii. Unsafe operation of vehicles.

c. Alcohol and Firearms prohibited.

Alcohol and firearms are prohibited on the project site. Contractor and employees must comply with CFR 36 Rules and Regulations.

d. Removal of Contractor’s Employees The Technical Point of Contact may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the Technical Point of Contact, is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform assigned work. Notification to the Contractor shall be promptly made in writing if time and circumstances permit.

Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor’s obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

12. Payment – The contractor shall furnish the Technical Point of Contact with one invoice upon completion of the work. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, and total amount due per line item. The invoice must also include the company letterhead and this must match the data that is registered in the System for Award Management (SAM) registry. For jobs greater than 30 days the contractor may multiple payments.

All invoices may be mailed to:

U.S. Army Corps of Engineers New England District c/o Mark Lovejoy 696 Virginia Rd., Concord, MA 01742 Or Emailed to mark.a.lovejoy@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all labor, materials, and equipment to provide Tree Clearing encompassing 21.1-acres, at the Ely Copper Mine Superfund Site located in Vershire, Vermont, as shown on Sheet C-1 titled “WINTER 2023-2024 TREE CLEARING PLAN.”

The Work will include preparation of a Tree Clearing Plan, a Site-Specific Health and Safety Plan, tree clearing, stockpiling felled trees and woody debris, installation of erosion controls, and restoration of existing on-site access roads.

2. Submittals – Although the Government technically reviews submissions required by this

Performance Work Statement, it is emphasized that the Contractor’s work must be completed using proper internal controls and review procedures. The documents identified below must be prepared in accordance with the applicable standards, submitted to the Technical Point of Contact for review and accepted by the Government prior to the commencement of any field activities.

Tree Clearing Plan.

Abbreviated Accident Prevention Plan (APP).

Activity Hazard Analysis.

3. Tree Clearing Plan – The contractor shall prepare a Tree Clearing Plan that contains all pertinent information related to the tree clearing activities including but not limited to the following:

Organization chart for Contractor;

Personnel qualifications Sequence/schedule;

Mobilization;

Field layout of clearing limits;

Equipment to be used to perform the work;

Erosion control measures;

Turbidity monitoring and response procedures;

Clearing of trees and woody debris;

Yarding and stockpiling of felled trees and woody debris;

Maintenance and restoration of existing on-site access roads; and, Demobilization.

4. Clean Up and Waste Disposal – The contractor shall practice good housekeeping to maintain a safe job site. The contractor shall keep the work area, including any designated storage areas free from accumulation of waste materials. Upon completing work in an area the contractor shall remove any tools, equipment, and materials that are not the property of the Government. Any and all disturbed areas resulting from contractor activities shall be restored by the contractor to the satisfaction of the Technical Point of Contact. All waste material will be disposed off site in accordance with all Federal, State, and Local regulations.

5. Environmental Protection – Containers for excess and/ or waste materials, rubbish, etc.

shall be provided by the contractor at the site, and the site will be inspected/ cleaned on a daily basis when working onsite. Water, air and land resources shall not be adversely impacted during the course of the work. The contractor will take necessary steps to ensure all Federal, State, and Local environmental regulatory requirements are met at no additional cost to the Government. Assurance of compliance with this section by subcontractors shall be the responsibility of the contractor.

6. Sustainability - Under the Comprehensive Procurement Guidelines (CPG) program, the

Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program for a complete list of designated products and the associated recommended contents levels.

Products that fall under these requirements are things such as cement, concrete, non-pressure pipes, etc. Furthermore, the United States Department of Agriculture (USDA) designates certain bio-based products for federal procurement and specifies minimum bio-based content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred's minimum bio-based content level. Visit the BioPreferred website https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml for the complete list of designated products and the associated minimum bio based content level requirements These will include products such as wood and concrete sealers, erosion-controlled materials, sorbents, etc.

7. Personal Protective Equipment – It is the contractor’s responsibility to furnish and supply personnel with the proper personal protective equipment necessary for performing the work.

8. Government Resources – The government will not supply any resources for the performance of this work. The contractor shall supply his own means of communication (telephone). There is no restroom nor access to potable water at the contract site.

9. Damage to Government and Private Property – The contractor shall be responsible for any damage to government or private property or injury to any person as a result of the contractor’s operation. The contractor shall notify the Technical Point of Contact immediately of damage to Government and private property and injury to any person resulting from the contractor’s operation.

10. Quality Assurance – The contractor is responsible for the quality control of the contract work. The contractor shall establish and maintain a quality control system to assure compliance with the contract requirements. The government has the right to inspect and test all items called for by the contract, to the extent practicable at all times and at all places during the term of the contract.

11. Inspections-

a. Contractor Quality Control – The Contractor is responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed by the Contractor’s organization in each separate service is in full compliance with this contract and the instructions, provisions, specifications, drawings, and maps herein.

b. General Inspection – Upon the completion of each service requirement, the Contractor will perform an inspection of all areas under this contract to insure compliance with the Performance Work Statement. The Contractor or their representative must be able to commit personnel, equipment, and resources to correct deficiencies. The Services Inspection Form (form to be provided to the Contractor at the pre-work conference) will be submitted to the Technical Point of Contact to allow verification of results for payment. A Government representative may accompany the contractor on an inspection of completed work and will identify any contract deficiencies. Any deficiencies noted will be corrected within original contract time frames or appropriate deductions in payment will be made.

c. Equipment/Supplies Inspections – The Technical Point of Contact may inspect required equipment and, supplies at any time when in use on Government property.

Any equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the Technical Point of Contact.

No such removal will reduce the Contractor’s obligation to perform all work required within the time scheduled under this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

12. Receiving and Storing Materials – The contractor is responsible for protecting any stored material until it is placed in service. The contractor is responsible for receiving and unloading of delivered goods. Government employees will not receive materials or supplies for the contractor and will not be responsible for damage to the contractor’s equipment or materials.

13. Requests for information – Requests concerning the work of this project should be directed to the Technical Point of Contact, Mr. Stephen Dunbar (978) 505-9013, or stephen.w.dunbar@usace.army.mil Mr. Mark Lovejoy at mark.a.lovejoy@usace.army.mil.

14. Omissions – This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state, or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable product.

15. Other Contracts – The Government may undertake or award other contracts for additional work not related to this contract, and the contractor shall fully cooperate with other contractors and Government employees. The contractor shall not commit or permit any act which will interfere with the performance of work by another contractor or by Government employees.

Part 2 Execution

1. General

1. All plans must be approved by the Technical Point of Contact prior to performing any field work.

2. No grubbing shall be performed as part of this work.

2. Tree Clearing

1. Field layout of the tree clearing limits within the Green Crow Borrow Source Area, North Staging Area, East Valley Cell Area, and the West Valley Cell Area to the extents shown on the attached Sheet C-1 titled “Winter 2023/2024 Tree Clearing Plan.

2. Clearing of all trees and woody debris within the Green Crow Borrow Source Area, North Staging Area, East Valley Cell Area, and the West Valley Cell Area to the extents shown on the attached Sheet C-1 titled “Winter 2023/2024 Tree Clearing Plan.

3. Trees and woody debris shall be cut off approximately 12-inches above grade.

4. No clearing beyond the limits of shown on Sheet C-1 shall be performed without prior written approval by USACE.

5. Felled trees and woody debris shall be neatly stockpiled in each work area, as shown

Sheet C-1, or as otherwise approved by USACE.

6. The Vermont Association of Snowmobile Travelers (VAST) trail that runs through the

Site shall be clear of trees and slash at the end of each working day. The VAST trail is shown on the revised Sheet C-1.

7. Equipment and/or vehicular travel through exposed waste areas shall be avoided to the extent practical, as needed to minimize the potential for ground disturbance and subsequent sediment migration from these areas.

8. Install and maintain erosion and sediment control measures as needed to minimize off-site sediment migration. This may include fiber logs, silt fence, mixed erosion berms, stone check dams, and tracking control pads.

9. Visually monitor Ely Brook and other small tributaries flowing off-site for evidence of turbidity and adjust / implement additional erosion and sediment control measures as needed to minimize off-site sediment migration.

10. Maintenance and restoration of existing on-site access roads.

3. Cleanup.

1. The contractor shall restore all access roads, haul roads, skid roads, landings, processing areas, and areas impacted by the contractor’s operations to original condition and to the satisfaction of the Technical Point of Contact.

2. All trash, litter, and construction debris will be cleaned up and removed from the worksite and disposed of properly.

(End of Summary of Changes)