IFB_DFW-2027-040 Frances_Crane_North_WMA_Fuel Reduction.pdf

Invitation for Bids Project DFW-2027-040

Woody Fuels Reduction at Frances Crane (North) WMA Falmouth & Sandwich, MA

Summary

The Massachusetts Division of Fisheries and Wildlife (MassWildlife) is soliciting bids from Contractors to conduct woody fuels reduction and firebreak work during Fiscal Year 2027 (FY27) on up to approximately 40 acres at Frances Crane (North) Wildlife Management Area (WMA) located in Falmouth and Sandwich, Massachusetts (Figure 1).

This work will provide important woody fuel reduction for future facilitation of prescribed fire within this woodland unit to promote restoration of this important natural community.

The principal objective of this project is to restore an open canopy pitch pine and oak woodland above a shrub layer of heath, scrub oak, and herbaceous species to benefit native songbirds and game birds. This work will help mitigate wildfire hazards associated with potential crown fire among the dense pine trees. Future prescribed fire, along with mowing and mulching, will be used to restore and maintain these communities. The removal of dense pine and other woody fuels within the woodland is needed to facilitate the safe and effective use of prescribed fire. Thinning pitch pine to a density of approximately 30’ bet\ween trees will enable this area to withstand some of the pressures associated with Southern Pine Beetle infestation, reduce fuel loads, and release suppressed oak, sassafras, and understory shrubs to benefit wildlife, including game and vulnerable non-game species.

Funding, Timeline, Permitting, Bonding, & Contract Award

Funding:

$140,000 in state fiscal year 2027 funding has been identified to complete the treatment area.

Timeline:

To maintain compliance for listed species, felling of trees may not begin until December 1, 2026, and must be completed no later than March 15, 2027, unless otherwise approved, in writing, by MassWildlife’s Associate Director of Finance. Skidding, processing and clean-up may extend after March 15, 2027, but must be completed no later than March 31, 2027.

Permitting/Licensing:

The bidder’s attention is directed to the fact that all applicable State Laws, Municipal Ordinances, permits and the rules and regulations of all authorities having jurisdiction over the Properties of the Project shall apply to the CONTRACT throughout, and they will be deemed to be included in the CONTRACT the same as though herein.

Approved environmental permits (Massachusetts Endangered Species Act, Forest Cutting Practices Act) for this work will be secured by MassWildlife. All other necessary permits and certifications are the responsibility of the Contractor and shall be obtained and paid for by the Contractor.

All machine operators involved with felling and/or transport of standing trees to landing areas shall have a current Massachusetts Timber Harvester License.

Bonding:

Each bidder shall provide a bid deposit in the amount of 5% of the total bid price, to be submitted with the bid. Bid deposits should be payable to the Division of Fisheries and Wildlife, in the form of a surety bond issued by a surety company; a certified, treasurer’s, or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash. [M.G.L. c 149, §44A(2)(C) and M.G.L. c. 30, §39M(a)].

This bid deposit shall become the property of the Commonwealth of Massachusetts as liquidated damages if, after an award is made, said bidder shall fail to enter into the required contract within ten (10) days after notice of said award.

All bid deposits of unsuccessful bidders, except those of the lowest three responsible and eligible general bidders, shall be returned after the opening of the general bids. The bid deposits of the lowest three responsible and eligible bidders shall be returned upon the execution and delivery of the general contract, or if no award is made, upon the expiration of thirty (30) days after the opening of general bids. A bid may not be withdrawn by the bidder for a period of sixty (60) days excluding Saturdays, Sundays and legal holidays, after the day of the bid opening.

In addition to the five percent (5%) Bid Bond required to accompany the bid, the successful bidder will be required to furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this contract, and also a Material and Payment Bond in an amount not less than fifty percent (50%) of the Contract Sum, or in a penal sum not less than that prescribed by the State, Territorial or Local Law, as security for payment of persons performing labor on the project under this contract. The Performance Bond and the Labor and Materials Payment Bond may be in one or in separate instruments in accordance with local law and shall be delivered to the Owner not later than the date of execution of the contract.

Prevailing Wage Rates:

Projects included in this Invitation for Bids are subject to Massachusetts prevailing wage https://www.mass.gov/guides/massachusetts-timber-harvesting-license-program rates. Prevailing wage rate schedules are included in this IFB and should be taken into account when submitting the bid. The Bidders attention is directed to Commonwealth of Massachusetts Public Employment Laws at the end of this section.

Addenda:

In order to ensure that all interested parties receive timely notification of addenda that are issued for this project, please send an email to james.burnham@mass.gov.

Reference the project number (DFW-2027-040) in the subject line and include the appropriate contact name, address, and email address in the body of the email. You will be added to the list of bidders that have obtained this IFB and will be notified of any and all changes to the bid documents. If you downloaded this IFB from Commbuys using your assigned Commbuys user account, you have been automatically added to the list of plan holders.

Contract Award:

The contract will be awarded to the lowest responsible and eligible bidder for the Base Bid. The term "lowest responsible and eligible bidder" shall mean (1) the Bidder whose Bid is the lowest of those Bidders demonstrably possessing the skill, ability, machinery, and integrity necessary for the faithful performance of the work, and who meets the requirements set forth in M.G.L. c.149 sec.44 (2)(B) and not debarred from bidding under M.G.L. c.149 §44C; (2) the Bidder who shall certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; and (3) the Bidder who shall certify that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work, and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

MassWildlife reserves the right to waive any informalities in, or to reject any or all Bids, if it be in the public interest to do so. Subcontracting of portions of the work awarded under this contract will be allowed, provided that permission for subcontracting is requested in writing by the Contractor, and that written approval is received from MassWildlife prior to any subcontractor beginning work on the Properties.

Treatment Specifications

The Contractor will be responsible for completing 40 acres of tree thinning to reduce fuels at the Property during FY27 according to the treatment specifications described herein. All acreages were calculated in GIS and are approximate. The Contractor shall be responsible for treating the entirety of the treatment areas as depicted in the accompanying figures and as marked on the ground, regardless of precise acreages, as described in the final Contract and Notice to Proceed. Contractors are responsible for verifying acreages prior to submitting bids.

The Contractor shall furnish all labor and materials, tools and equipment and do all the work necessary to complete the work in accordance with the Treatment Specifications described herein.

Within woodland thinning area, all designated trees will be removed to reduce woody fuels and produce an open canopy woodland (25-45% canopy cover) of pitch pine and tree oaks above an understory of scrub oak, heath, and interstitial grassy glades.

Base Bid Treatment Specifications (Figure 2 “Base Bid”, 40 acres):

• Whole tree felling and removal (including boles and tops) of all unmarked trees and snags 2” DBH or above. Resulting stumps shall protrude no more than 6” from the ground unless otherwise specified by MassWildlife. Trees marked in RED PAINT shall NOT be cut without prior approval from MassWildlife. Every reasonable effort shall be made to not damage trees marked with red paint.

• Skid trails shall be established in the approximate location illustrated in Figure 2, and shall avoid, to the maximum extent possible, the use of existing firebreaks and paved roads. Approval by MassWildlife is required prior to the use of any existing firebreak for skidding. At the conclusion of the operation, firebreaks shall be restored to their pre-treatment condition, or better. Skid trails shall be established in a manner that limits turns in order to reduce the potential to damage adjacent residual trees by moving skidders.

• All woody material 1” in diameter or larger from felled trees shall be staged at the landing identified in Figure 2.

• At the conclusion of each workday, all woody material 1” in diameter or larger shall be cleared from the approximately 3,800’ of Kittridge Road (a Joint Base Cape Cod road) located adjacent to the project area (Figure 2) to ensure safe passage for vehicular traffic.

• At the conclusion of the operation, all woody material 1” in diameter or larger shall be cleared from the existing firebreaks of the treatment area (Figure 2), removed from the site, and legally disposed of.

• Any rutted portions of firebreak used or crossed by the Contractor shall be graded and repaired to the satisfaction of MassWildlife before equipment leaves the site.

• At the conclusion of the operation all wood chips and other woody debris shall be cleared from the landing area, removed from the site, and legally disposed of.

The landing area shall be graded and returned to its pre-treatment condition.

Equipment Specifications:

• Machinery is subject to approval by MassWildlife and must be capable of felling, transporting, and removing from the treatment units all trees (boles and tops).

• Approved machinery must be kept at the specified equipment staging area identified (“Landing” on Figure 2) by MassWildlife staff when not in use, unless otherwise permitted. All machinery must carry working fire extinguishers.

Road Maintenance Specifications:

Operational Requirements

a) All work shall occur within applicable time restrictions described above. The specific timing of the operation shall be arranged between the Contractor and MassWildlife. Prior to performing any work, the Contractor shall provide MassWildlife a work schedule for all crews and personnel performing tree removal and associated contract services. The Contractor shall check in with MassWildlife’s project representative daily when working onsite.

b) The Contractor shall, to the satisfaction of MassWildlife staff, remove or otherwise dispose of all garbage, trash, litter, discarded equipment or parts, temporary bridges, waste materials, or other refuse resulting from the operation. Waste materials, such as oil, grease, used oil absorbent pads, and similar materials, shall be disposed of in accordance with law, and at a minimum, in a manner that will prevent their entry by spills, drainage, high water or other means into any river, watercourse, lake, reservoir, or other body of water.

c) STORAGE AND HANDLING OF HAZARDOUS MATERIALS: All petroleum products, industrial chemicals, and similar materials shall be stored in accordance with manufacturer’s specifications and applicable law, and at a minimum in durable, sealed containers placed so that any accidental spillage shall not drain into any river, watercourse, lake, or reservoir. No hazardous materials, including but not limited to oils, fuels, and hydraulic fluids may be deposited on Commonwealth lands. All mechanized equipment shall carry oil-absorbent pads at all times, quality subject to the approval of MassWildlife staff, to be used respectively in the event of a fluid spill. In the event that hazardous materials are deposited on Commonwealth lands through accidental spill or otherwise, the Contractor agrees to immediately contain the spill using oil-absorbent pads and to notify MassWildlife staff as soon as possible regarding the type, amount, and location of deposited materials. The Contractor shall be liable for all costs incurred resulting from the cleanup of all spills and leaks and shall correct the situation to the satisfaction of MassWildlife staff, including but not limited to the removal and appropriate disposal of contaminated soil based on MassWildlife staff determination.

d) SAFETY AND HEALTH: The Contractor shall conduct all operations in connection with this contract in compliance with applicable provisions of Federal, State and Local labor safety, health and sanitation laws, codes, and regulations.

e) ENVIRONMENTAL CONTROL: The Contractor shall comply with all applicable state and federal laws pertaining to water quality in connection with any operations under this contract. The Contractor shall undertake every reasonable precaution not to pollute or obstruct the flow of any stream, lake, or reservoir on or adjacent to the project area. In the event of such pollution or obstruction, the Contractor shall correct the condition to the satisfaction of MassWildlife staff. The Contractor shall undertake every reasonable measure to minimize erosion and soil damage, including but not limited to the grading of ruts and the construction and maintenance of water bars, and shall install all mitigation measures according to the most recent version of the Massachusetts Forestry Best Management Practices Manual. All mechanized equipment shall carry a working fire extinguisher at all times to be used in the event of a fire.

f) SPECIAL SITUATIONS: Should a situation exist that would, in the opinion of MassWildlife staff, result in unacceptable environmental damage and the Contractor is either unwilling or unable to prevent or immediately repair or remove such damage, or to do so in a timely fashion to the satisfaction of MassWildlife staff after being verbally notified of said situation by MassWildlife staff, MassWildlife may undertake corrective measures and deduct the cost of said measures from the performance bond covering this operation and may pursue its remedies against the Contractor for any loss, claim, damage or charge that arises due to such damage.

g) HISTORICAL/CULTURAL RESOURCES: MassWildlife seeks to conserve historical and cultural resources during habitat management operations, including but not limited to stone walls, cellar holes, foundations, and wells associated with abandoned farm sites, as well as historical and cultural resources that may occur within the soil. Contractor shall avoid or otherwise mitigate these resources during operations to the satisfaction of MassWildlife staff. Only existing barways (openings) in stone walls may be used to access portions of the treatment areas, unless MassWildlife staff specifically identifies a new opening to be created. If MassWildlife staff identifies a site as having archaeological sensitivity, the Contractor shall avoid rutting, scarifying, and other soil disruption to the site by operating only under dry, frozen, or otherwise stable conditions.

Contractual Requirements:

a) The Contractor shall provide as surety a payment bond in the amount of 50% of the contract price, or the total of the Contract Sum delivered to the Owner not later than the date of execution of the contract. The payment bond must be furnished to MassWildlife in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash. Separate contracts may be issued for work in each fiscal year.

b) The Contractor shall provide as surety a performance bond in the amount of 100% of the contract price, or the total of the Contract Sum delivered to the Owner not later than the date of execution of the contract. The performance bond must be furnished to MassWildlife in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash.) [M.G.L. c. 149, §44A(2)(C) and M.G.L. c. 30, §39M(a)]. The performance bond shall be forfeited as liquidated damages if all contract provisions covered are not faithfully and fully performed by the Contractor. Should the amount of damages, as determined by MassWildlife, exceed the amount of said bond, the Contractor agrees to pay the excess balance within 90 days. Otherwise, said bond will be returned to the Contractor after all terms of this contract are fulfilled to the satisfaction of MassWildlife.

c) The Contractor must notify the MassWildlife representative prior to commencement of operations, even if a Notice to Proceed has been issued.

Any work that is completed prior to notification is considered unauthorized and will not be paid for. A separate contract and Notice to Proceed will be issued for each fiscal year in which work will occur.

d) All equipment operators for the Contractor are required to meet with a MassWildlife representative to walk the entire project site prior to beginning work.

e) Any accidents or injuries to workers, environmental accidents, or damage to public or private property associated with this project must be reported to MassWildlife within 12 hours of the incident.

f) Remobilization costs will be paid if poor weather and/or ground conditions require shut down of the operation for ≥ 3 business days and the machinery has been taken off-site. The Contractor must obtain MassWildlife approval that operation shut down is required. If weather and/or ground conditions improve within 3 business days to allow completion of the project, MassWildlife will not pay remobilization costs.

g) The winning bidder(s) will be required to thoroughly clean the exterior, undercarriage, and tires/tracks of his/her equipment with a high-pressure washer at a maintenance facility prior to bringing the equipment on site.

Cleaning will substantially reduce the chance of spreading invasive plants from a previous work site. Machinery that has not been cleaned in this manner will not be allowed on site. All mechanized equipment shall carry a working fire extinguisher at all times to be used in the event of a fire.

h) The Contractor shall provide a valid certificate of insurance prior to beginning work. Such Certificate shall provide that MassWildlife will be notified at least thirty (30) days in advance of the cancellation or non-renewal of any insurance covered by the Certificate. The Contractor indemnifies the Commonwealth from and against any liability for claims arising from the Contractors activities under the contract. The Contractor shall provide a certificate indicating a) comprehensive commercial general liability insurance, with coverage for bodily injury, wrongful death, and property damage in the amount of at least $1,000,000 naming the Commonwealth as an additional insured regarding the work to be performed under this contract, and b) Workman's Compensation Insurance as required under Massachusetts law for all persons employed by the Contractor. Contractor shall provide Certificates of Insurance for all sub-Contractors evidencing the same coverage required of the Contractor or equivalent proof of self-insurance.

i) Total payment for this project shall be agreed upon before any work is initiated. The agreed sum shall be stated in the Notice to Proceed.

Payment shall be made as a lump sum payment upon determination by MassWildlife of completion of work, or as agreed upon in the scope of services and payment plan, and shall be made by MassWildlife within thirty

(30) days of receipt of an invoice. This provision shall not apply if MassWildlife notifies the Contractor of insufficiencies in the work or non-compliance with the contract terms within thirty (30) days of receipt of said invoice. If so notified, the invoice amount will not be remitted and no invoice or demand for payment will be accepted until the contract compliance has been met. Once compliance has been met, payment after resubmission of an invoice will be made within thirty (30) days.

j) These provisions shall not apply if MassWildlife notifies the Contractor of insufficiencies in the work or non-compliance with the contract terms within thirty (30) days of receipt of said invoice. If so notified, the invoice amount will not be remitted and no invoice or demand for payment will be accepted until the contract compliance has been met. Once compliance has been met, payment after resubmission of an invoice will be made within thirty (30) days.

k) Contractors shall submit all certified payroll sheets for all employees employed at the work site with their request to MassWildlife for payment for work completed.

l) All persons employed by the Contractor shall have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (OSHA) that is at least 10 hours in duration. Documentation of successful completion of said course shall be submitted with the certified payroll sheets for each employee.

m) Minority / Women Workforce Utilization Percentages: The applicable minority workforce utilization percentage is 15.3%. The women workforce utilization percentage is 6.9%.

n) If, during the progress of the work, the contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the contract documents either the contractor or the contracting authority may request an equitable adjustment in the contract price of the contract applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a Contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the contracting authority shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly.

(1) The awarding authority may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as it may determine to be appropriate for the convenience of the awarding authority; provided however, that if there is a suspension, delay or interruption for fifteen days or more or due to a failure of the awarding authority to act within the time specified in this contract, the awarding authority shall make an adjustment in the contract price for any increase in the cost of performance of this contract but shall not include any profit to the general contractor on such increase; and provided further, that the awarding authority shall not make any adjustment in the contract price under this provision for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the contract price under any other contract provisions.

(2) The Contractor must submit the amount of a claim under provision to the awarding authority in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this contract and, except for costs due to a suspension order, the awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notified the awarding authority in writing of the act or failure to act involved in the claim.

o) Massachusetts General Laws, Chapter 62C, Section 49A (REAP): The Attention of all Bidders is drawn to the provisions of Massachusetts General Law 62C, Section 49A which requires Contractors to certify that they have filed all state tax returns and have paid all required state taxes.

The Department will furnish a blank certification form which, will be completed by the Contractor, signed and incorporated into the Contract.

This attestation must be provided at the time of issuing, renewing or extending the contract. It is to be noted that submission of the social security or federal identification number is strictly voluntary and no contract may be denied because this information was not provided.

p) Executive Order 130 (Anti Boycott Covenant): The Contractor warrants, represents and agrees that during the time this contract is in effect, neither it nor any affiliated company, as hereafter defined, participates in or cooperates with an international boycott, as defined in Section 999 (b),(3) and (4) of the Internal Revenue Code of 1954, as amended, or engages in conduct declared to be unlawful by Section 2 of Chapter 151E, Massachusetts General Law. If there shall be a breach in the warranty, representation and agreement contained in this paragraph, then without limiting such other rights as it may have, the Commonwealth shall be entitled to rescind this contract. As used herein, an affiliated company shall be any business entity of which at least 51% of the ownership interests are directly or indirectly owned by the Contractor or by a person or persons or business entity or entities directly or indirectly owning at least 51% of the ownership interests of the Contractor.

q) EXECUTIVE ORDER 195 Right to Examine Records: Executive Order 195, signed by Governor Edward J. King, on April 27, 1981: "The Governor or his designee, the secretary of administration and finance, and the state auditor or his designee shall have the right at reasonable times and upon reasonable notice to examine the books, records and other compilations of data of (vendor) which pertain to the performance of the provisions and requirements of this contract."

r) Executive Order No. 213: Employment Opportunities through State

Contracts

WHEREAS, the Commonwealth administers and funds various programs of public assistance; and

WHEREAS, it is in the interest of the Commonwealth and the recipients of public assistance that such recipients secure employment and thereby become economically self-sufficient; and

WHEREAS, the Commonwealth spends hundreds of millions of dollars annually to contract with private providers for a vast array of health, social and other services; and

WHEREAS, these private contractors hire thousands of employees to provide these critical services; and

WHEREAS, it is the policy of the Commonwealth to provide as many job opportunities as possible to recipients of public assistance;

NOW, THEREFORE, I, EDWARD J. KING, Governor of the Commonwealth, by virtue of the authority vested in me as Supreme Executive Magistrate by the Constitution and the statutes of the Commonwealth, do hereby order as follows:

(I) Subject to regulations to be promulgated by the Commissioner of Administration, as hereunder provided, every agency, bureau, board, commission, institution, and department of the Executive Branch of the Commonwealth shall include the following requirement in solicitations of bids, contracts, or agreements, having an effective date on or after July 1,1982 or solicitations of bids, contracts, or agreements, entered into subsequent to the effective date of said regulations for the provision of paid services entered into with a private contractor who employs under contract(s) with the Commonwealth a total of twenty (20) or more persons: (1) at least 5 percent of the total number of the contractor's employees working under all of its contract(s) with the Commonwealth must have been recipients of public assistance program(s) administered by the Department of Public Welfare.

(II) In complying with the above clause, however, no contractor shall be required to lay off or release existing employees to meet the 5 percent requirements. It is expected that expansion and normal attrition will provide the vacancies necessary to meet the 5 percent requirement.

(III) The Commissioner of Administration shall promulgate regulations to carry out the purposes of this Executive Order. Such regulations may include Provisions: (1) Specifying the procedures by which the Department of Public Welfare will refer qualified recipients to the contractor; (2) Creating exemptions for those specific positions requiring skills or professional levels not available in the public assistance recipient groups;

(3) Specifying the method by which a contractor not meeting the 5 percent requirement upon initial performance will achieve compliance, and establishing time limits therefore; (4)

Specifying the method by which the contractor shall report on its compliance with this Order; (5) Specifying the conditions under which the contract may be terminated for non compliance; and (6) Specifying any other conditions or procedures necessary to carry out the purpose of this Executive Order; (7) In specified cases, the Commissioner of Administration may grant provider waivers.

(IV) All contracting state agencies are hereby directed to cooperate fully with the Commissioner of Administration in the implementation of this Order, and to provide all information requested by the Commissioner.

(V) All contracting state agencies shall file a report with their executive offices as well as the Commissioner of Administration six months after promulgation of the regulations under this Executive Order, and then annually thereafter, stating the degree of compliance with the Order, whether the purpose of the Order has been accomplished, and any recommendations for change.

(VI) The Commissioner of Administration shall report to the Governor on the degree of compliance with this Executive Order, whether the purpose of the Order has been accomplished, and any recommendations for change. Any additional project costs or contract changes must be approved by the MassWildlife Chief Financial Officer in writing.

Bidders’ Conference:

It is mandatory for all vendors to attend a bidders’ conference prior to submitting a bid.

A bidder’s conference is scheduled at the Property at 9:00 am on Thursday, November 19, 2026. Meet at the gate at the intersection of Kittridge Rd. and the 26th Yankee Division Blvd. in Sandwich (41.641648, -70.551414) (“Bid Showing Location” on Figure 1).

Vendors who cannot attend the scheduled bidder’s conference may request an alternative conference date/time to be held prior to the bid due date, but MUST call to schedule an alternative conference PRIOR TO the start of the scheduled bidder’s conference so that all prospective bidders can be announced at the scheduled conference. Bids will not be accepted from vendors who do not attend a bidder’s conference.

Contractors shall contact MassWildlife Habitat Restoration and Management Program Manager Nicole Keleher at (857) 337-5173 prior to the start of the scheduled Bidders’ Conference to request an alternate conference date/time. Requests for an alternate date will not be accepted via email, fax, or U.S. mail as MassWildlife staff spend much of their time in the field and cannot be certain of having email, fax, or U.S. mail access immediately prior to the scheduled conference.

Questions: MassWildlife will transmit to all prospective Bidders of record such Addenda as it considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

All questions concerning this bid should be submitted to the contract administrator (James Burnham, Program Coordinator, 1 Rabbit Hill Rd, Westborough, MA 01581, 508- 389-6343, james.burnham@mass.gov) in writing. In order to receive consideration, questions must be received by the contract administrator at least five days prior to the date fixed for the opening of Bids. Interpretations or clarifications considered necessary by MassWildlife in response to such questions will be issued by Addenda to all parties recorded by MassWildlife as having received the Bidding Documents not later than three days prior to the date fixed for the opening of Bids. Only questions answered by Addenda will be binding. Oral and other interpretations of clarifications will be without legal effect.

Bid Due Date:

Sealed Bids must be received, in writing, no later than Monday, November 30, 2026 at 10:00 am, at which time bids will be publicly opened and read.

INSTRUCTIONS FOR SUBMISSION OF RESPONSES:

1) All vendors must attend either the scheduled bidder’s conference or an alternative conference to be eligible to bid as stated above.

2) Two complete paper copies of your response must be received, in writing, no later than Monday, November 30, 2026 at 10:00 am at which time bids will be publicly opened and read.

Submit responses to:

Division of Fisheries and Wildlife Attn: James Burnham

1 Rabbit Hill Rd, Westborough, MA 01581

On the outside of the envelope containing the two complete copies of your bid(s), clearly mark: Bid Documents Enclosed, IFB DFW-2027-040, Woody Fuels Reduction at Frances Crane (North) WMA.

All responses must include two copies of each of the documents listed below. BE SURE

TO INCLUDE ALL ITEMS LISTED HERE OR YOUR RESPONSE MAY BE FOUND TO BE

INCOMPLETE AND NON-RESPONSIVE.

1) Completed Mandatory Bid Sheet

2) Affidavit: Proposal for IFB DFW-2027-040 One copy must be notarized original.

3) Bid deposit in the amount of 5% of total bid price, payable to the Division of Fisheries and Wildlife, in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash. [M.G.L. c. 149, §44A(2)(C) and M.G.L. c. 30, §39M(a)]

4) Business Reference Form outlining the bidders experience for conducting the type of work described in this IFB with references.

5) Contractor Authorized Signatory Listing, completed and signed by the Contractor.

6) Timber Harvester License numbers for all machine operators involved with felling and/or transport of standing trees to landing areas.

The winning Contractor(s) will be required to submit the following items upon award:

1) MA Construction Contract to be provided by awarding authority

2) Commonwealth Terms and Conditions (incorporated by reference)

3) Commonwealth W-9 tax information form filled out and signed by the respondent (If not already on file)

4) Proof of liability insurance coverage

5) Electronic Funds Transfer form

6) Within 10 days after presentation thereof by the awarding authority, furnish a labor and materials or payment bond from a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and in the sum of 50% of the contract price, or the total of the Contract Sum payable to the Division of Fisheries and Wildlife, in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash. [M.G.L. c. 149, §44A(2)(C) and M.G.L. c. 30, §39M(a)].

7) Within 10 days after presentation thereof by the awarding authority, furnish a performance bond in the amount of 100% of the contract price, or the total of the Contract Sum, in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash.

8) Revenue Enforcement and Protection Certification (REAP)

9) Certificate of Compliance with MA Employment Security Law

10) Company Containment Policy

COMMONWEALTH OF MASSACHUSETTS PUBLIC EMPLOYMENT LAWS

00860-1 through \ The Contractor's attention is directed to Massachusetts General Laws, Chapter 149, Sections 25 through 27H, and 150A. This contract is considered to fall within the ambit of that law, which provides that in general, the Prevailing Rate or Total Rate must be paid to employees working on projects funded by the Commonwealth of Massachusetts or any political subdivision including Massachusetts Highway Department.

A Federal Aid project is also subject to the Federal Minimum Wage Rate law for construction. When comparing a state minimum wage rate, monitored by the Massachusetts' Attorney General, versus federal minimum wage rate, monitored by the U.S. Department of Labor's Wage and Hour Division, for a particular job classification the higher wage is at all times to be paid to the affected employee.

Every contractor or subcontractor engaged in this contract to which sections twenty-seven and twenty-seven A apply will keep a true and accurate record of all mechanics and apprentices, teamsters, chauffeurs and laborers employed thereon, showing the name, address and occupational classification of each such employee on this contract, and the hours worked by, and the wages paid to, each such employee, and shall furnish to the PAB's Resident Engineer, on a weekly basis, a copy of said record, in a form approved by PAB and in accordance with M.G.L. c. 149, § 27B, signed by the employer or his/her authorized agent under the penalties of perjury.

Each such contractor or subcontractor shall preserve its payroll records for a period of three years from the date of completion of the contract.

The Prevailing Wage Rate generally includes the following:

Minimum Hourly Wage + Employer Contributions to Benefit Plans = Prevailing Wage Rate or Total Rate

Any employer who does not make contributions to Benefit Plans must pay the total Prevailing Wage Rate directly to the employee.

Any deduction from the Prevailing Wage Rate or Total Rate for contributions to benefit plans can only be for a Health & Welfare, Pension, or Supplementary Unemployment plan meeting the requirements of the Employee Retirement Income Security Act (ERISA) of 1974. The maximum allowable deduction for these benefits from the prevailing wage rate cannot be greater than the amount allowed by Executive Office of Labor (EOL) for the specified benefits. Any additional expense of providing benefits to the employees is to be borne by the employer and cannot be deducted from the Minimum Hourly Wage. If the employer's benefit expense is less than that so provided by EOL the difference will be paid directly to the employee. The rate established must be paid to all employees who perform work on the project.

When an employer makes deductions from the Minimum Hourly Wage for an employee's contribution to social security, state taxes, federal taxes, and/or other contribution programs, allowed by law, the employer shall furnish each employee a suitable pay slip, check stub or envelope notifying the employee of the amount of the deductions.

No contractor or subcontractor contracting for any part of the contract week shall require or permit any laborer or mechanic to be employed on such work in excess of eight hours in any calendar day or in excess of forty hours in any workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours.

Apprentice Rates are permitted only when there is an Apprentice Agreement registered with the Massachusetts Division of Apprentice Training in accordance with M.G.L. c. 23, § 11E-11L.

The Prevailing Wage Rates issued for each project shall be the rates paid for the entire project. The Prevailing Wage Rates must be posted on the job site at all times and be visible from a public way.

MANDATORY BID SHEET

DFW-2027-040

Woody Fuels Reduction at Frances Crane (North) WMA, Falmouth & Sandwich, MA

This bid includes addenda no(s).: ____________________

Project Costs:

Base Bid: Tree thinning including equipment cleaning and all incidentals in accordance with bid specifications (40 acres): $________________________

Additional Costs (give detailed description on a separate sheet for any additional costs associated with this project site that are not included above, including site access improvements. MassWildlife will only pay additional authorized costs specified in your response to this invitation for bids.): $_______________________

TOTAL BID = Base Bid + All Additional Costs:

Logistics: Contractors MUST list the equipment and methods proposed to complete the work outlined in this IFB (use additional pages if needed):

Bid Deposit Calculation: Multiply your TOTAL BID by 0.05 (5%) to calculate the Bid Deposit Amount.

5% Bid Deposit Amount:

By signing below, the bidder certifies that he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work and that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational

Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Bidder’s Information

Name (printed) Signature

Company Date Street

Address Phone City, State, Zip Code Email Signature conveys approval with all proposed bids and agreement with all terms set out in this Invitation for Bids.

AFFIDAVIT

State of _________________________ Date ____________ 20_____ County of _________________________

The undersigned being duly sworn, deposes and says that he is the

Sole owner; partner; president; treasurer or other duly authorized official of a corporation of_______________________________________________________, for work in

City/Town Location on __________________________________________________________________ Date bids were open and certifies that of his own knowledge, said bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

Signature and title of person making affidavit

Sworn to before me this

____________________day of _______________ 20____.

Notary Public

At a duly authorized meeting of the Board of Directors of the

(Name of Corporation) held on ________________________ at which all the Directors were present or (Date) waived notice, it was VOTED, that ________________________________________, (Name)

_______________________________, of this company and he hereby is (Officer) authorized to execute contracts and bonds in the name and behalf of said company, and affix its corporate seal thereto; and such execution of any contract or obligation on this company's name on its behalf by such _____________________ (Officer) under seal of the company, shall be valid and binding upon this company.

A true copy, ATTEST: ______________________________

Place of business:

Date of the Contract: ___________________________

I hereby certify that I am the clerk of the ______________________________________ that ______________________________is duly elected _________________________ of said company, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

__________________________________ Corporate Seal

BUSINESS REFERENCE FORM

The bidder shall supply MassWildlife, as part of their bid package, a statement of their qualifications to conduct the type of work required under this IFB. The contractor shall also include a list of the similar jobs they have completed in the past 2 years, including the names, addresses, and contact numbers for each contract manager or owner of the job sites. Attach additional sheets if necessary.

Bidder:

RFR Name/Title:

RFR Number:

Reference name:_____________________________________ Contact:

Address: ________________________________________ Phone: # ( )

Fax/Internet address:

Description and date(s) of commodities and services provided:

Reference name: _______________________________________Contact:

Address: ________________________________________ Phone: # ( )

Description and date(s) of commodities and services provided:

Reference name: ______________________________________ Contact:

Address: _______________________________________ Phone: # ( )

Description and date(s) of commodities and services provided:

Description and date(s) of commodities and services provided:

Description and date(s) of commodities and services provided:

References will be contacted to confirm the bidder’s abilities and qualifications as stated in the bidder’s response. MassWildlife may deem the bidder unresponsive if a reference is not obtainable from a listed reference after reasonable attempts.

Commonwealth of Massachusetts

CONTRACTOR AUTHORIZED SIGNATORY LISTING

This form is jointly issued and published by the Office of the Comptroller (CTR) and the Operational Services Division (OSD) as the default form for all Commonwealth Departments when another form is not prescribed by regulation or policy.

Signature for Corporation (C or S), Partnership, Trust/Estate, Limited Liability Company (must match Form W-9 tax classification)

Contractor Legal Name Contractor Vendor/Customer Code (if available, not the Taxpayer Identification Number or Social Security Number)

INSTRUCTIONS: Any Contractor (other than a sole-proprietor or an individual contractor) must provide a listing of individuals who are authorized as legal representatives of the Contractor who can sign contracts and other legally binding documents related to the contract on the Contractor’s behalf. In addition to this listing, any state department may require additional proof of authority to sign contracts on behalf of the Contractor, or proof of authenticity of signature (a notarized signature that the Department can use to verify that the signature and date that appear on the Contract or other legal document was actually made by the Contractor’s authorized signatory, and not by a representative, designee or other individual.)

For privacy purposes DO NOT ATTACH any documentation containing personal information, such as bank account numbers, social security numbers, driver’s licenses, home addresses, social security cards or any other personally identifiable information that you do not want released as part of a public record. The Commonwealth reserves the right to publish the names and titles of authorized signatories of contractors.

There are three types of electronic signatures that will be accepted on this form: 1) Traditional “wet signature” (ink on paper); 2) Electronic signature that is either: a. hand drawn using a mouse or finger if working from a touch screen device; or b. An upload picture of the signatory’s hand drawn signature; 3) Electronic signature affixed using a digital tool such as Adobe Sign or DocuSign. Typed text of a name not generated by a digital tool, computer generated cursive, or an electronic symbol are not acceptable forms of electronic signature.

Authorized Signatory Name

Signature (Signature as it will appear on contract or other documents)

Title Phone Number

Email Address

Acceptance of any payment under a Contract or Grant shall operate as a waiver of any defense by the Contractor challenging the existence of a valid Contract due to an alleged lack of actual authority to execute the document by the signatory.

I certify that I am a responsible authorized officer of the Contractor and as an authorized officer of the Contractor I certify that the names of the individuals identified on this listing are current as of the date of execution and that these individuals are authorized to sign contracts and other legally binding documents related to contracts with the Commonwealth of Massachusetts on behalf of the Contractor.