Amendment W912WJ24Q0100-0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Amendment is necessary to revise the Statement of Work and add the follow ing FAR clauses:

FAR 52.228-2, FAR 52.228-11 (DEV), FAR 52.228-12, FAR 52.228-13, FAR 52.228-14.

Solicitation closing has been extended until May 2, 2024 at 5:00 PM Eastern.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 18

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

16C. DATE SIGNED

BY 01-May-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 W912WJ24Q0100

X 9B. DATED (SEE ITEM 11)

17-Apr-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 X is extended, is not extended.

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

(a) By completing Items 8 and 15, and returning 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

01-May-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

jennifer.m.samela@usace.army.milEMAIL:978-318-8324TEL:

JENNIFER M SAMELA / ADDED BY UPASS

W912WJ24Q0100

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 01-May-2024 05:00 PM to 02-May-2024 05:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

RECREATION AREA REPAIRS

U.S. ARMY CORPS OF ENGINEERS

NORTH HARTLAND LAKE

NORTH HARTLAND, VT

STATEMENT OF WORK

I. General:

1. Scope – Furnish all labor, materials, and equipment necessary to perform the following work in accordance with the Statement of Work:

a. Remove approximately forty (40) cubic yards of woody debris from lawns; debris will be piled in designated pile approximately three hundred (300) feet from lawn area.

b. Replant approximately 1.3 acres of fine lawn and 0.2 acres of rough lawn.

c. Remove approximately sixty (60) cubic yards of silt from boat launch.

d. Remove approximately eighty (80) cubic yards of silt and debris from beach and replace with sand.

e. Clean approximately fifteen (15) cubic yards of silt above the check dams and rebuild three (3) check dams; check dams are located upstream of the culverts.

f. Remove approximately fifteen (15) cubic yards of silt from the culvert’s outlet channel.

g. All non woody material will be removed offsite. Area was damaged during the July 2023 flooding. See Part II, Technical Requirements for more information.

*Note: This work requires the following submittals prior to commencement of work:

• Accident Prevention Plan

• Activity Hazard Analysis

• Site Safety and Health Officer Designation Letter (ENG Form 6282)

• Safety Data Sheets

• Spill Prevention Plan

• First-Aid, CPR Certifications

• Product Data

Topsoil Seed

Stone Sand

2. Location – The North Hartland Lake Project office is located at 112 Clay Hill Road, North

Hartland, Vermont 05052.

3. Site Visit – Contact the Technical Point of Contact to arrange a site visit. The Technical Point of Contact (TPOC), for the project is Heather Morse 802-295-2855 or Heather.L.Morse@usace.army.mil.

4. Schedule – The work shall be completed within 60 days after Notice to Proceedafter contract award. The Contractor will coordinate with the Government for the estimated start date.

Work shall be performed Monday through Friday 7:00 AM to 3:30 PM unless otherwise approved by the Technical Point of Contact. No work shall be done on weekends or Government holidays. The Pre-Construction Conference shall be completed within fourteen

(14) days of Notice to Proceed Contract Award.

All pre-construction submittals shall be submitted within fourteen (14) days of Notice to Proceed contract award. The Government reserves up to fourteen (14) days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall be resubmitted to the Government in an acceptable form within ten (10) days of the Government’s response, unless additional time is granted by the Government in writing. No field work may proceed prior to the acceptance of pre-construction submittals.

5. Safety Requirements-

a. General:

All work shall be conducted in accordance with the U.S. Army Corps of Engineers (USACE) Safety and Occupational Health Requirements (EM 385-1-1, most recent edition), and all applicable Occupational Safety and Health Administration (OSHA), federal, state, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at the following link:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf

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

b. Accident Prevention Plan (APP):

The Contractor shall prepare a site-specific Accident Prevention Plan. The APP must be written by a Competent Person (CP) and document the specific work processes, equipment, materials to be used, hazards and applicable control measures.

The mandatory ENG Form 6293 (Accident Prevention Plan Worksheet) must be submitted and accepted prior to beginning on site work:

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_2023Aug31.pdf

A preparatory meeting shall be conducted by the prime contractor to discuss the APP contents with all effected onsite employees. The Prime Contractor is responsible for informing the 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.

Daily safety meetings shall be held and documented. Records shall be available to the Technical Point of Contact upon request.

c. Activity Hazard Analysis (AHA):

An AHA shall be submitted and accepted for each definable feature of work (DFOW) in accordance with EM 385-1-1, Chapter 2-6. A DFOW is defined as any task, which is separate and distinct from other tasks, has separate control requirements, or is identified as different trades or disciplines. The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.

For a non-mandatory formatted outline of an AHA, see ENG Form 6206 (Activity Hazard Analysis) https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_2023Aug24.pdf

d. Site Safety and Health Officer (SSHO) Requirements:

The Contractor shall employ a minimum of one person to function as a Level 3, SSHO. A Level 3 SSHO is a designated Qualified Person (QP) or Competent Person (CP) with Safety and Occupational Health (SOH) responsibility that meets the requirements of EM 385-1-1, Chapter 2-3.b and 2-4.b.

Level 3 SSHOs must have training, knowledge, and/or experience identifying hazards and implementing controls for the work being performed.

The SSHO shall be present at the project site and be responsible for overseeing the implementation of the prime contractor’s SOH program. Contractor shall designate all SSHOs on a mandatory ENG Form 6282 (Site Safety and Health Officer Designation Letter):

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6282_2023Aug28.pdf

e. First-Aid and CPR Personnel Requirements:

For shifts with multiple employees, provide at least two employees that are certified to administer First Aid and CPR. When employes work alone, they must be certified in First Aid and be provided an effective means of communication to call for assistance in the event of an emergency. Minimum First Aid and CPR qualifications are outlined in EM 385-1-1, Chapter 3-3.

f. Additional Personnel Requirements:

Other Competent Person (CP) or Qualified Persons (QP) may be required per EM 385-1-

1 and/or other sections of this Scope of Work, based on the definable features of work for this project.

g. Accident Reporting:

All accidents and near misses shall be investigated by the Contractor and reported to the Technical Point of Contact in accordance with EM 385-1-1, Table 2-1.

The mandatory ENG Form 3394 shall be completed and submitted to the Technical Point of Contact within seven (7) days of an incident:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Fo rm_3394_2021Aug.pdf

h. Employee Exposure Data:

The Contractor shall electronically report total employee work hours (including subcontractors) to the Technical Point of Contact by close of business on the 10th calendar day of the following month.

6. 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. The Contractor shall provide a list of the names and contact phone numbers for all employees prior to them working on Government Property.

b. Employee Conduct - The Contractor shall be responsible for seeing that the firm’s employees strictly comply with the Code of Federal Regulations Title 36, Chapter III, Part 327, and all, 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, USACE personnel, or other contractors

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

iii. Unsafe operation of vehicles while on USACE property.

c. 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.

7. Pre-Construction Conference – Prior to the start of any work, the Technical Point of Contact will schedule and conduct a “Pre-Construction 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-Construction 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-Construction Conference:

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

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

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

iv. Safety Meetings (Documented on NED Form 251)

v. Accident Reporting (ENG Form 3394)

vi. Contractor’s Equipment

vii. Correspondence, Communication, Security and Administrative Procedures.

viii. Invoice and payment.

NOTE: Work cannot begin until all safety paperwork is submitted and accepted by the Government

8. Permits – The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. 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.

9. Security – The contractor will comply with all established security policies at the North Hartland Lake. Due to periods of heightened security that may affect the access to the areas covered under this contract, the Government reserves the right to close any property or portion of property and reschedule and/or cancel any subsequent work. The Contractor shall be given at least twenty-four (24) hour notice of any such closure.

For the duration of the contract, the contractor will be provided one (1) key to provide access to work areas. This key is to be used only for contract purposes. This key will not be utilized to provide access for any individuals not performing contract specific work. During the contract period, the contractor is assumed responsible for the key. At the end of the period of performance, the key must be returned the TPOC. Final payment is contingent upon return of the gate key.

10. Flooding – North Hartland Lake is a flood control project, and the work area outlined in this contract is subject to becoming inundated during periods of excessive rainfall. If such an event should occur, in-progress work shall immediately cease, and all equipment, materials, and personnel will be vacated from the area within 24 hours’ notice by the TPOC. If such removal is required, and if completed work is affected by flooding, the contractor will be compensated via a request for equitable adjustment in the contract.

11. Payment – The contractor shall furnish the Technical Point of Contact with one invoice per month. The invoice shall include the invoice date, contract number, dates of work, 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. Payment shall be made monthly for the actual work performed at the applicable contract price.

Final payment is contingent upon return of U.S. Government keys. Keys are required to be physically handed to the Technical Point of Contact. The Contractor assumes all responsibility for loss (which may include the cost of rekeying the applicable project).

All invoices may be mailed to U.S. Army Corps of Engineers North Hartland Lake PO Box 55 North Hartland, VT 05052

Or emailed to Heather.L.Morse@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all labor, materials, and equipment necessary to perform the following work:

a. Remove approximately forty (40) cubic yards of woody debris from lawns; debris will be piled in designated pile approximately three hundred (300) feet from lawn area.

b. Replant approximately 1.3 acres of fine lawn and 0.2 acres of rough lawn.

c. Remove approximately sixty (60) cubic yards of silt from boat launch.

d. Remove approximately eighty (80) cubic yards of silt and debris from beach and replace with sand.

e. Clean approximately fifteen (15) cubic yards of silt above the check dams and rebuild three (3) check dams; check dams are located upstream of the culverts.

f. Remove approximately fifteen (15) cubic yards of silt from the culvert’s outlet channel.

g. All non woody material will be removed offsite. Area was damaged during the July 2023 flooding. See Part II, Technical Requirements for more information.

2. Submittals – Although the Government reviews submissions required by this Statement of Work, it is emphasized that the Contractor’s work must be completed using proper internal controls and review procedures. The Government reserves up to fourteen (14) days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall resubmit to the Government in acceptable form within ten (10) days of the Government’s response, unless additional time is granted by the Government in writing.

The documents identified below must be prepared in accordance with the applicable standards, submitted to the TPOC for review and accepted by the Government.

a. Pre-Construction Submittals: Submitted within fourteen (14) days of Notice to Proceed contract award. Submittals must be accepted prior to the commencement of any field work activities.

i. Accident Prevention Plan (ENG Form 6293)

ii. Activity Hazard Analysis

iii. Site Safety and Health Officer Designation Letter (ENG Form 6282)

iv. Safety Data Sheets

v. Spill Prevention Plan

vi. First-Aid, CPR Certifications

vii. Product Data

1) Topsoil

2) Seed

3) Stone

4) Sand

b. Other Submittals:

i. Work Commencement Notification - Contractor must notify TPOC fourteen (14) days before planned commencement of field work in order for government to coordinate drop in pool elevation for beach and boat launch work.

3. References – All work shall be in conformance with:

a. 2024 VT AOT Standard Specifications for Construction

4. 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.

5. Preferred Sequence for Work Schedules – The Technical Point of Contact shall provide the Contractor with a preferred sequence, or order, of work. (Note: The Contractor must provide sufficient personnel and equipment to accomplish work stated in the contract). The Contractor will then be required to submit a work schedule for each phase, and approximate times for beginning and ending of each required work listed. Any proposed change to an approved schedule must be submitted in writing, coordinated, and approved by the Technical Point of Contact in advance of actual schedule changes.

6. 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 of offsite in accordance with all federal, state, and local regulations.

7. 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. No burning is permissible. Water, air, and land resources shall not be adversely impacted during the course of the work. Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spills and evaporation. Storage and usage of lubricants and daily fueling of machinery and equipment shall occur at least 50 feet from any drainage inlets, water bodies (rivers, streams, and lakes), environmentally sensitive areas (wetlands and vernal pools). Contractor will take necessary steps to ensure all federal, state, and local environmental regulatory requirements are met.

8. Sustainability & Environmentally Preferred Products –

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.

Offerors must be able to demonstrate that each offered products meets minimum content levels upon request.

Furthermore, the Contractor should also meet the BioPreferred Program requirements. 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 web site:

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.

9. 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.

10. Government Resources –The contractor shall supply their own means of electricity and communication (telephone). There is not a restroom available at the contract site, and there is no access to potable water at the contract site. The contractor would have to provide these resources or have an acceptable alternative plan for these resources.

11. Damage to Government and Private Property – The contractor shall be responsible for restoring all Government facilities or structures damaged as a result of the contractor’s operation. The contractor shall also be responsible for any damage to 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. Also, the Contractor shall notify the Technical Point of Contact of damage to Government facilities due to vandalism or other causes on the day such damage is first noticed. Trucks and/or trailers will be driven on existing roads only and not across or through park areas to facilities. The Contractor shall also restore landscape features (shrubs, flowers, grasses, etc.), which are damaged or destroyed by the contractor’s operation. Damaged or destroyed grass areas shall be re-planted as directed by the Technical Point of Contact, and shrubs and flowers which are damaged or destroyed shall be replaced from nursery stock of like size and kind.

12. 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.

13. 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.

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.

Part 2 Products:

All products shall be new, unused and to the satisfaction of the TPOC. Products shall be approved by the TPOC prior to installation.

1. Topsoil -

a. Topsoil shall be as defined in ASTM D5268. Topsoil shall be delivered and amended as recommended by the soil test for the seed specified. Topsoil shall be well-drained, natural, friable, and be free from subsoil, slag, cinders, stones, lumps of soil, sticks, brush, roots, trash, or other material over a minimum 1 inch diameter. Topsoil shall be free from viable plants and plant parts, and other material detrimental to plant growth.

The loam shall have an acidity range of 5.5 pH to 7.6 pH. Total organic matter shall be between five (5) and ten (10) percent based on loss on ignition. Delivered topsoil shall be amended as recommended by the soil test. New topsoil shall be spread evenly to a depth of approximately one (1) inch. Approximately sixty (60) cubic yards.

2. Seed for Fine Lawns -

a. Shall meet requirements of 2024 Vermont Standard Specifications for Construction sections 755.04. Seed shall be spread uniformly at a rate of one hundred thirty (130)lbs/acre minimum. Seed shall be applied using a hydraulic application.

b. State-approved seed of the latest season's crop shall be provided in original sealed packages bearing the producer's guaranteed analysis for percentages of mixture, purity, germination, hard seed, weed seed content, and inert material.

c. Playground Mix: Fine texture grasses. Seed at five (5) lbs per thousand (1000) square feet: 35% creeping red fescue, 25% perennial ryegrass, 20% chewing fescue, 10% Kentucky bluegrass, 10% annual ryegrass.

d. Substitutions will not be allowed without written request and approval from the Government.

e. Quality: Weed seed shall not exceed one (1) percent by weight of the total mixture. Wet, moldy, or otherwise damaged seed shall be rejected.

3. Seed for Rough Lawns -

a. Shall meet requirements of 2024 Vermont Standard Specifications for Construction sections 755.04. Seed shall be spread uniformly at a rate of 130lbs/acre minimum. Seed shall be applied using a hydraulic application.

b. State-approved seed of the latest season's crop shall be provided in original sealed packages bearing the producer's guaranteed analysis for percentages of mixture, purity, germination, hard seed, weed seed content, and inert material.

c. Conservation Mix: Seed at five (5) lbs per thousand (1000) square feet: 35% creeping red fescue, 25% tall fescue, 15% annual ryegrass, 12% perennial, 10% Kentucky bluegrass, 3% white clover.

d. Substitutions will not be allowed without written request and approval from the Government.

e. Quality: Weed seed shall not exceed one (1) percent by weight of the total mixture. Wet, moldy, or otherwise damaged seed shall be rejected.

3. Stone for repairing check dams -

a. Four to six inch (4-6”) angular stone

4. Beach Sand -

a. Concrete/washed sand

b. Color and consistency will match existing beach sand.

Part 3 Execution:

1. Beach -

a. Scrape and remove approximately eighty (80) cubic yards of silt and debris from the existing beach.

b. Prepare and grade/smooth the beach area to receive sand.

c. Provide and place new sand making sure the slope doesn’t exceed existing grade.

d. Place and grade approximately eighty (80) cubic yards of concrete sand.

2. Silt removal from beach fine lawn and reseeding -

a. Remove approximately fifty-five (55) cubic yards of silt from approximately 0.4 acres of the beach fine lawn area.

b. Place approximately fifty-five (55) cubic yards of topsoil over the 0.4-acre area.

c. Till topsoil into existing lawn, smooth to receive new fine lawn seed.

d. Add fine lawn seed at rates listed below in section 7. Seeding.

e. See Informational Photos 3 and 5.

3. Woody debris removal from fine lawns and reseeding –

a. Remove approximately forty (40) cubic yards of woody debris from one (1) acre of fine lawn and place in pile designated by the TPOC.

b. Till silt into existing lawn and smooth to receive new fine lawn seed.

c. Add fine lawn seed at rates listed below in section 7. Seeding.

4. Woody debris removal from rough lawns -

a. Remove approximately twenty (20) cubic yards woody debris from approximately 0.3 acres of rough lawn area.

b. Till silt into existing lawn, smooth to receive new rough lawn seed.

c. Add rough lawn seed at rates listed below in section 7. Seeding

d. See Informational Photos 2.

5. Repairs to rough lawns around check dams -

a. Place approximately five (5) cubic yards of topsoil onto streambanks.

b. Smooth to receive rough lawn seed.

c. Add rough lawn seed at rates listed below in section 7. Seeding.

d. See Informational Photos 2.

6. Placing Topsoil -

a. On areas to receive topsoil, the compacted subgrade shall be scarified to a 2-inch depth for binding with subsoil. Topsoil then shall be spread, tilled, and shaped to an even surface. Topsoil shall not be spread when frozen, excessively wet, or dry. Final topsoil grade shall be flush with edge of pavement.

b. The thickness of topsoil specified to be placed is that required after settlement and compaction of the material has taken place. Sufficient topsoil shall be placed to allow for settlement overtime.

c. All stones, roots, weeds, and any other undesirable material shall be removed from the surface after finish grading. After grading and shaping, all trucks and other equipment shall be excluded from topsoiled areas. Protect finished topsoil areas from damage by vehicular or pedestrian traffic.

d. During the hauling and spreading operations, the Contractor shall exercise care so that no topsoil is spilled, spread, or dumped on the pavement. Any topsoil spilled or deposited on pavement shall be immediately removed therefrom.

e. The Contractor shall suspend the placement of topsoil during unsuitable weather conditions. It is the Contractor's responsibility to correct all eroded areas and to keep the topsoiled areas in shape until the project is accepted and satisfactory stand of turf has been established.

7. Seeding -

a. Seeding shall be done between by April 15 and June 15.

b. Do not seed when the ground is frozen, snow covered, muddy, when air temperature exceeds ninety (90) degrees Fahrenheit, during windy weather, or in any other unsatisfactory conditions for seeding. Apply seed within twenty-four hours after seedbed preparation. Sow seed by approved sowing equipment. Sow one-half the seed in one direction, and sow remainder at right angles to the first sowing.

c. Seeding Application Method shall be hydroseeding.

i. Hydroseeding: Seed and fertilizer shall be added to water and thoroughly mixed at the rates required to achieve a seed application of one hundred seventy-five (175) pounds per acre. Wood cellulose fiber mulch shall be added at the rates recommended by the manufacturer after the seed, fertilizer and water have been thoroughly mixed, to produce a homogeneous slurry. Slurry shall be uniformly applied under pressure over the entire area. The hydroseeded area shall not be rolled.

8. Watering -

a. Periodic watering of seeded areas shall be performed by the Contractor to maintain adequate soil moisture to a depth of one inch below the surface.

b. The period for establishing a healthy, or satisfactory, stand of turf shall begin on the first day of work under this contract and shall end one (1) month after the last day of seeding operations completed under this contract. A satisfactory stand of turf from the seeding operation is defined as a minimum one hundred (100) grass plants per square foot. The total bare spots shall not exceed ten (10) percent of the total seeded area.

c. Immediately after seeding, the area shall be protected against traffic, pedestrians, or other use by erecting barricades and providing signage as approved by the TPOC.

9. Boat Ramp -

a. Remove approximately sixty (60) cubic yards of silt from boat ramp. Material will be removed offsite.

10. Check Dams -

a. Remove a total of approximately fifteen (15) cubic yards of silt above the three (3) existing check dams. Material will be removed offsite.

b. Rebuild three (3) check dams above the existing culverts (see Figure 1) with approximately four (4) cubic yards of stone. Stone should be approximately 12” thick.

c. Add topsoil, rough lawn seed, and regrade along the streambank (Informational Photo 2).

11. Culverts -

a. Clean and remove approximately fifteen (15) cubic yards of silt and debris from two (2) existing four-foot (4’) culvert outlets leading approximately one hundred feet (100’) to North Hartland Lake. Material will be removed offsite. (See Informational Photo 4).

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.228-2 Additional Bond Security OCT 1997 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-

O0016)

FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022

The following have been added by full text:

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

Irrevocable Letter of Credit Payment Bond

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. ___ _(for reference only)

TO: [ ___ U.S. Government agency]

[ ___ U.S. Government agency's address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [ ___ Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

___ [Confirming Financial Institution's Letterhead or Name and Address]

(Date) ___

Our Letter of Credit Advice Number ___

Beneficiary: ___ [U.S. Government agency]

Issuing Financial Institution: ___

Issuing Financial Institution's LC No.: ___

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ___ [name of issuing financial institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___ _.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) ___

[Name and address of financial institution]

Pay to the order of ___ [Beneficiary Agency] ___ the sum of United States ___ This draft is drawn under Irrevocable Letter of Credit No. ___

___ [Beneficiary Agency]

By: ___

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed (contract award shall be considered notice to proceed if less than the bonding threshold), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after notice to proceed (contract award shall be considered notice to proceed if less than the bonding threshold). The time stated for completion shall include final cleanup of the premises.

(End of Summary of Changes)