Amendment W912WJ26QA138-0001.pdf

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Solicitation/Contract Form Continuation

The following changes have been made:

Miscellaneous text in this section has been added to:

REQUEST FOR INFORMATION:

QUESTION 1: While about 5% to 15% of the trees are large and will require traditional felling, much of the site appears suitable for a forestry mulcher. However, the solicitation indicates an offsite disposal requirement at Birch Hill. Could you clarify if using a forestry mulcher to process the wood would allow the material to remain on-site, or if all debris must be removed?

RESPONSE 1: Please refer to Part 2.5.f. of the Performance Work Statement, which states, "At Tully Lake wood chips may be broadcasted into the adjacent wooded areas where possible or brought off site. At Birch Hill Dam all debris shall be taken offsite including logs, chips, and brush."

If a Contractor chooses to use a forestry mulcher at Birch Hill Dam to process the wood, all woody material, including chips, are still required to be removed off site.

QUESTION 2: Forestry mowing scope: the PWS's opening Scope paragraph (I.1) states the contractor must "perform forestry mowing at the Birch Hill Dam Project," but no acreage, frequency, equipment specification, or separate priced line item appears anywhere else in the solicitation. Please confirm whether this work is included within CLIN 0001's lump-sum price, and provide the specific scope/acreage/frequency for this task.

RESPONSE 2: This requirement has been removed. Please see the revised Performance Work Statement.

QUESTION 3: Minimum DBH scope: the PWS's general Part II execution clause states trees "from two (2") inches DBH and above" are in scope, while every site-specific area description states ranges beginning at 4" DBH. Please confirm whether the ~1,410-tree total already includes 2"-4" DBH stems, or whether additional smaller-diameter material is implied beyond that count.

RESPONSE 3: The estimated quantities are based on a minimum DBH of 4 inches. The Performance Work Statement has been revised to remove the 2 inch minimum. Vendors should note that tree quantities are approximate, and a site visit is highly recommended to gauge the full scope of work.

Continuation of Description

W912WJ26QA1380001

Miscellaneous text in this section has been modified to:

PERFORMANCE WORK STATEMENT :(REVISED)

SPILLWAY TREE REMOVAL

U.S. ARMY CORPS OF ENGINEERS

BIRCH HILL DAM & TULLY LAKE DAM

ROYALSTON, MA

PERFORMANCE WORK STATEMENT

I. General:

1. Scope- Furnish all labor, materials, and equipment necessary for the removal and disposal of approximately seven hundred ten (710) trees at Birch Hill Dam and approximately seven hundred

(700) trees at Tully Lake Dam. Also provide all labor, materials, and equipment needed to perform forestry mowing at the Birch Hill Dam Project.

2. Location -

a. Birch Hill Dam, 68 Birch Hill Dam Road, Royalston, MA 01368

b. Tully Lake Dam, 2 Athol-Richmond Road, Royalston, MA 01368

3. Technical Point of Contact - The Technical Point of Contact is Natural Resource Specialist Richard Brackett. Richard can be reached by phone at (978) 831-2892 or by email at: Richard.C.

Brackett@usace.army.mil

4. Site Visit - Site visits are strongly recommended to gauge the full scope of work and provide an accurate quote. Interested vendors should conduct a site visit to confirm understanding of the scope, inspect existing conditions, and familiarize themselves with the site(s) prior to submitting a quote. No extra payment will be allowed for perceived additional work caused by unfamiliarity with site conditions and requirements.

a. Site visits will be held on the specified dates and times listed below only:

b. July 24, 2026 at 1:30 PM Eastern at Tully Lake Dam, 2 Athol-Richmond Road, Royalston, MA and 2:30 PM Eastern at Birch Hill Dam, 68 Birch Hill Dam Road, Royalston, MA.

c. July 27, 2026 at 1:30 PM Eastern at Tully Lake Dam, 2 Athol-Richmond Road, Royalston, MA and 2:30 PM Eastern at Birch Hill Dam, 68 Birch Hill Dam Road, Royalston, MA.

Please Note - Site visits outside of these specific dates and times are not permitted unless additional site visit dates/times are publicized in an amendment. All questions during site visits will be sent to the Contract Specialist as indicated in the Instructions to Vendors and responses will be provided in an amendment. Information incorporated into the solicitation via amendment will become binding.

5. Schedule -

The contract period of performance shall be from Contract Award to April 14, 2027. No trees or vegetation greater than 3'' DBH may be cut before 01 November 2026 or after 31 March 2027 to coincide with the Northern Long Eared Bat (NLED) Inactive Season. Work shall be performed Monday through Friday 07:00AM-03:00PM unless otherwise approved by the Technical Point of Contact. No work shall be done on weekends or Government holidays.

All pre-work submittals shall be submitted within 21 days of Contract Award. The Government reserves up to 21 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 14 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-work submittals. No trees or vegetation greater than 3'' DBH may be cut before 01 November 2026.

6. Safety Requirements

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.

a. 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.

b. 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

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

The Contractor shall employ a minimum of one person to function as a Level 2, SSHO. A Level 2 SSHO is a designated employee with collateral duty safety and occupational health (SOH) responsibilities that meets the requirements of EM 385-1-1, Chapter 2-3. b and 2-4. b.

Level 2 SSHOs must receive OSHA 30-Hour general industry or construction safety training and complete 24 hours of documented formal classroom or online SOH-related training within the past five years and must maintain competency by taking 24 hours every three-year period for the duration of the contract.

The Level 2 SSHO will have 3 years of cumulative safety experience, within the last 10 years, managing or implementing a SOH program on projects similar in industry type, size, and complexity as the project described in the contract scope of work.

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

d. 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 employees 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.

e. 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.

f. 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_Form_3394_2021Aug.pdf

g. 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.

7. Specific Safety Section(s) - Specific safety requirements shall be followed if applicable. The following list identifies potential subjects/activities/equipment that may require additional safety planning and requirements if the contractor utilizes such for work related to this Performance Work Statement. The list identifies sections of EM 385-1-1 and may not cover all methods that could be utilized to complete the required work. It is the Contractor's responsibility to ensure all work activities are completed in accordance with the requirements of EM 385-1-1.

1. Cranes / Load Handling Equipment (LHE):

i. General: All load handling and crane operations are required to be completed in accordance with EM 385-1-1, Section 16. These requirements are applicable to load handling equipment (LHE) to include cranes, derricks, hoists and power-operated equipment that can be used to raise, lower and /or horizontally move a suspended load. This includes excavators, forklifts, and other equipment when used with rigging.

ii. A Critical Lift Plan is required to be submitted and accepted by the Technical Point of Contact prior to any lifting operations. USACE can provide a non-mandatory, fillable template plan.

However, the contractor is permitted to submit their own plan, at a minimum it must include the items listed in EM 385-1-1, Section 16.H.

2. Fall Protection:

i. General: The requirements of this section are applicable to contractors when their employees are working at heights above 6 feet, exposed to fall hazards, and/or using fall protection equipment.

Every Contractor is responsible for establishing, implementing, and managing a fall protection program in accordance with EM 385-1-1, Section 21.

ii. Submittals: A site-specific Fall Protection and Prevention Plan is required to be submitted and approved by the Technical Point of Contact prior to any work being completed at heights. USACE can provide a non-mandatory, fillable template plan. However, the contractor is permitted to submit their own plan, at a minimum it must address the items listed in EM 385-1-1, Section 21.D.01.

iii. A Competent Person (CP) shall be onsite at all times while work at heights is being performed.

The CP must be designated in writing and be trained in accordance with EM 385-1-1, Section 21.C.

04. This includes a minimum of 24-hour CP in fall protection training made up of classroom and practical hands-on components.

iv. NOTE: CPs may only approve non-certified anchorages that are capable of withstanding 5000 lbs. of force. All other anchorages and horizontal lifelines must be certified by a Qualified Person or engineer with related experience.

v. Personal Fall Arrest System Requirements (PFAS): All PFAS shall meet the requirements contained in ANSI Z359, Fall Protection Code, to include fall restrain and positioning systems. A PFAS consist of a full body harness, connecting means, and an anchorage system.

3. Tree Maintenance and Removal:

i. All tree maintenance and removal activities are required to be completed in accordance with EM 385-1-1, Section 31. The work shall be completed by a Qualified Tree Worker who through related training and on the job experience, is trained on the proper use of the equipment, specialized techniques, and associated hazards. Acceptable credentials for a Qualified Tree Worker include but are not limited to: Certified Arborist, Licensed Tree Expert, Certified Tree Care Professional, Certified Tree Climber, and Certified Utility Safety Professional.

ii. Tree Climbers must be medically cleared for unlimited tree climbing every 2 years by a Health Care Provider in accordance with EM 385-1-1, Section 31.3.b.

iii. A Tree Maintenance and Removal Plan is required when tree maintenance and/or removal activities are performed. The plan must be developed by a Qualified Tree Worker in accordance with EM 385-1-1 Section 31.7.

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 on behalf of 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 Preconstruction 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:

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

b. Contractor's Safety Program (including sub-contractors).

c. Accident Prevention Plan and Activity Hazard Analysis

(Submitted & accepted prior to start of work on site)

d. Safety Meetings (Documented on NED Form 251)

e. Accident Reporting (ENG Form 3394)

f. Contractor Designated Site Safety and Health Officer (SSHO) Level 2 (Mandatory ENG Form 6282)

g. Safety Data Sheet (SDS) requirements

h. Contractor's Equipment

i. Correspondence, Communication, Security and Administrative Procedures.

j. Security Verification

k. Invoice and payment.

9. 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.

10. Security - The contractor will comply with all established security policies at Birch Hill Dam and Tully Lake Dam. During periods of heightened security that may affect 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 service. The Contractor shall be given at least 24-hour notice of any such closure.

11. Flooding - During extended periods of heavy rain, various parks and areas are subject to flooding due to increased river levels, which in turn may reduce service areas or cancel service in an impacted area. After the flood conditions have ceased, the Contractor shall resume normal contract requirements.

12. Payment - After final inspection and acceptance by the Government, the Contractor must submit an invoice to the Technical Point of Contact. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, process, 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 request multiple payments.

All invoices may be mailed to:

U.S. Army Corps of Engineers

2 Athol-Richmond Road

Royalston, MA 01368

Or emailed to Richard.C.Brackett@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary: Furnish all labor, materials, and equipment necessary for the removal and disposal of approximately seven hundred ten (710) trees at Birch Hill Dam and seven hundred (700) trees at Tully Lake Dam.

2. Submittals - Although the Government 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 Government reserves up to 21 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 an acceptable form within 14 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 Technical Point of Contact for review and must be accepted by the Government.

a. Pre-work: Submitted within 21 days of contract award. Submittals must be accepted prior to the commencement of any field work.

i. ENG Form 6293 (Accident Prevention Plan Worksheet)

ii. Activity Hazard Analysis; non-mandatory template available: ENG Form 6206 (Activity Hazard Analysis)

iii. Contractor Designated Site Safety and Health Officer (SSHO) Level 2 (Mandatory ENG Form 6282)

iv. First-Aid and CPR Personnel requirements

v. Specific Safety Plans (if applicable)

vi. Safety Data Sheets

vii. Contractor's Quality Control Plan

3. Existing Conditions:

Topography on removal sites range from bedrock, rocky slopes, rolling hills to steep slopes. Some trees to be removed are in proximity to powerlines and other hazards. Contractor shall be allowed access through gates and there is a trail allowing access to the Birch Hill Dam Spillway Area.

Access for Tully Lake Spillway cutting will require contractor to establish access to the southern side of the spillway as there is no current path or trail other than the established fencing. See informational photos for more details.

a. Birch Hill Dam

i. Spillway Weir Area Clearing

Encompassing approximately 2.75 acres and containing approximately 550 trees ranging from 4" DBH to more than 32" DBH. The site has a composition of 80% of the trees being 4"-6" DBH , 15% of the trees being 6"-12" DBH and 5% of the trees being greater than 12" DBH. A mix of White Pine, Eastern Hemlock and Red Maple make up a majority of the area. An existing trail with an approximate width of 10'-12' allows for access. Contractor will be responsible for removing all trees East of the trail to the end of forested area. The trail/path access point has stones impeding entrance, contractor will responsible for ensuring the work area is closed to the public and resetting the stones at the completion of work. All debris shall be taken offsite including logs, chips, and brush. No woody material shall be left onsite from the tree removal. Stumps shall be cut and left at a height of no more than 3" above grade. A concrete structure exists in this area.

ii. Outlet Fence Area

Encompassing approximately .25 acres and containing approximately 160 trees ranging from 4" DBH to more than 32" DBH. The site has a composition of 80% of the trees being 4"-6" DBH , 15% of the trees being 6"-12" DBH and 5% of the trees being greater than 12" DBH. A mix of White Pine, Eastern Hemlock and Oak make up a majority of the area. All debris shall be taken offsite including logs, chips, and brush. No woody material shall be left onsite from the tree removal.

Stumps shall be cut and left at a height of no more than 3" above grade. Contractor shall remove all trees within 25' of the Outlet Fence.

b. Tully Lake

i. Spillway Fence Area

Encompassing approximately 1.5 acres and containing approximately 700 trees ranging from 4" DBH to more than 24" DBH. The site has a composition of 80% of the trees being 4"-6" DBH, 15% of the trees being 6"-12" DBH and 5% of the trees being greater than 12" DBH. A mix of White Pine, Eastern Hemlock, and mixed hardwoods make up a majority of the area. Stumps shall be cut and left at a height of no more than 3" above grade. Contractor shall remove all trees within 25' of the Outlet Fence. Tree debris shall be chipped or removed off site.

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. 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.

6. 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.

7. Sustainability

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.

8. 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.

9. Government Resources - The contractor shall supply their own means of communication (telephone). There is no access to potable water, electricity or a restroom at the contract site. The Contractor would have to provide these resources or have an acceptable alternative plan for these resources. The Government will provide gate access to all necessary locations.

10. 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 public and private property or injury to any person as a result of the contractor's operation. The contractor shall notify the Project Manager immediately of damage to any 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.

The Contractor shall restore landscape features (shrubs, flowers, grasses, etc.), which are damaged or destroyed by the contractor's operation. Damaged or destroyed areas shall be restored as directed by the Technical Point of Contact.

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. 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.

12. 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.

13. 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.

14. Receiving and Storing of Equipment and Materials - The contractor is responsible for protecting any stored equipment and material. 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.

Part 2 Execution:

General: The Contractor shall remove trees of varying size from inches diameter two (2") four (4") at breast height (DBH) and above. All trees needing removal will be marked by the Government.

1. Area Descriptions: See maps 1-3 for approximate locations

a. Birch Hill Dam

i. Spillway Weir Area Clearing

Encompassing approximately 2.75 acres and containing approximately 550 trees ranging from 4" DBH to more than 32" DBH. The site has a composition of 80% of the trees being 4"-6" DBH , 15% of the trees being 6"-12" DBH and 5% of the trees being greater than 12" DBH. A mix of White Pine, Eastern Hemlock and Red Maple make up a majority of the area. An existing trail with an approximate width of 10'-12' allows for access. Contractor will be responsible for removing all trees East of the trail to the end of forested area. All debris shall be taken offsite including logs, chips, and brush. No woody material shall be left onsite from the tree removal. Stumps shall be cut and left at a height of no more than 3" above grade. A concrete structure exists in this area.

ii. Outlet Fence Area

Encompassing approximately .25 acres and containing approximately 160 trees ranging from 4" DBH to more than 32" DBH. The site has a composition of 80% of the trees being 4"-6" DBH , 15% of the trees being 6"-12" DBH and 5% of the trees being greater than 12" DBH. A mix of White Pine, Eastern Hemlock and Oak make up a majority of the area. All debris shall be taken offsite including logs, chips, and brush. No woody material shall be left onsite from the tree removal.

Stumps shall be cut and left at a height of no more than 3" above grade. Contractor shall remove all trees within 25' of the Outlet Fence.

b. Tully Lake

i. Spillway Fence Area

Encompassing approximately 1.5 acres and containing approximately 700 trees ranging from 4" DBH to more than 24" DBH. The site has a composition of 80% of the trees being 4"-6" DBH, 15% of the trees being 6"-12" DBH and 5% of the trees being greater than 12" DBH. A mix of White Pine, Eastern Hemlock, and mixed hardwoods make up a majority of the area. Stumps shall be cut and left at a height of no more than 3" above grade. Contractor shall remove all trees within 25' of the Outlet Fence. Additionally, contractor shall removal all trees located on the eastern side of the path/access road adjacent to fence area, extending 195 along the trail until reaching a trail access on the left leading to the spillway floor (See Map 3 more details). Contractor shall also removal all trees in a line extending from the end of the western spillway fence extending 235 feet to align perpendicular with the eastern trail/road access area. Tree debris shall be chipped or removed off site.

2. Service Requirements

a. Tree Removal - All (approximately 1,410) trees shall be felled in such a manner as to protect all structures including the fencing, concrete structures, vehicles, roadways, overhead power lines, buried cables and all other relevant framework or groundwork associated with project operations.

At Birch Hill Dam all cut logs, slash, and other woody and vegetative debris shall be removed from the site and disposed of properly in accordance with state and local laws. At Tully Lake Dam all debris may be chipped. Wood chip piles at Tully Lake Dam shall NOT exceed one (1) foot in height or seventy-five (75) feet in diameter debris in the roadway surface, resulting from the work, shall be removed immediately to avoid possible hazardous conditions.

i. Some trees at this location may be deemed as a Hazard Tree Removal due to tree health or tree location.

ii. Care shall be taken as to not damage any Government property or infrastructure within the tree felling area.

3. Equipment

b. The contractor is required to have equipment sufficient to successfully complete all aspects of the work.

c. The equipment shall be rated for and capable of successfully executing the services identified in this performance work statement.

d. Crew sized accordingly to meet the service requirement.

e. Personal protective equipment for each crew member to include hard hat, hearing protection, eye protection, chainsaw chaps or pants, and other safety equipment necessary.

f. Traffic control device or devices.

4. Site Access

Contractor shall be allowed access through gates and there is a trail allowing access to the Birch Hill Dam Spillway Area. Access for Tully Lake Spillway cutting will require contractor to establish access to the southern side of the spillway as there is no current path or trail other than the established fencing.

5. Service Tasks

Task 1: Tree Removal

a. The Contractor shall remove approximately 1,410 trees marked by the Technical Point of Contact.

b. Tree stumps shall be left of a height of no more than three inches (3").

c. All limbs/leaders shall be removed and lowered to a height and width sufficient to allow the trunk of the tree to be removed clear of any wires, cables, buildings, and other infrastructure or objects in the vicinity of the work area.

d. The tree removal work area shall be cleared to permit safe working conditions and closed off or barricaded, if necessary, especially in public use areas. The cutting area for the Northern Spillway (including both East and West of Route 32) at Tully Lake has an active Disc Golf Course that is adjacent to the cutting area.

e. Debris in the roadway surface, resulting from the work, shall be removed immediately to avoid hazardous conditions.

f. At Tully Lake Wood chips may be broadcasted into the adjacent wooded areas where possible or brought off site. At Birch Hill Dam all debris shall be taken offsite including logs, chips, and brush. No woody material shall be left onsite from the tree removal.

g. Wood chip piles shall NOT exceed one (1) foot in height or seventy-five (75) feet in diameter at Tully Lake Dam unless coordinated with Technical Point of Contact in writing; approval will not be given with less than 24 hours' notice.

h. No wood chips or debris from wood chipping shall NOT be broadcast into any waterway, spillway, paved roadway, gravel roadway, recreational trail, or maintained grass area.

i. The Contractor shall remove all woody vegetation after November 1, 2026, and before March 31, 2027.

j. All material that cannot be chipped shall be removed offsite.

KO CONTRACTING DIVISION, 696 VIRGINIA ROAD

CONCORD, MA 01742-2751

UNITED STATES

ALICIA LACROSSE, EMAIL: ALICIA.N.LACROSSE@USACE.ARMY.MIL TELEPHONE: 978-318-8902

AdminBy:

SCD: PAS:

Solicitation closing remains July 30, 2026 at 2:00 PM Eastern.

All other terms and conditions remain unchanged.