NEWM Contract-Williamstown-17-02.doc

New England Woodland Management, Inc.

48 Maple Hill Road, P.O. Box 440, West Stockbridge, MA 01266

Telephone: (413) 232-4000

Fax: (413) 232-7777

Forest Products Bid Proposal for Contract #17-02 Town of Williamstown The following Forest Products are offered for sale and the purchaser agrees to abide by the following:

BIDS:

Sealed bids shall be marked on the envelope Town of Williamstown Timber Sale and shall be mailed or delivered to Town Manager, 31 North Street, Williamstown, Massachusetts 01267 on or before 11:00 a.m., Tuesday, May 30, 2017 at the Town of Williamstown offices, 31 North Street, Williamstown, MA. The landowner/forester reserves the right to accept or reject any or all bids in order to serve the best interest of the Seller. This bid is for an estimated 89,100 bf & 160 hardwood cords (90 cords marked plus 70 cords topwood) of standing timber marked with blue paint spots on approximately 45 acres at the following location: South Mason Hill Road in Pownal, VT. The tally for this sale is located on the next two pages and was tallied by New England Woodland Management, Inc., hereafter referred to as the Forester.

All designated trees must be felled and lopped. Logging chance is good, timber quality is good to excellent. Access is from South Mason Hill Road in Pownal, VT.

TIMBER SHOWING: These forest products will be shown by meeting the forester on Tuesday, May 16, 2017 at 9:00 a.m. at the VT/MA state line on Route 7 in Williamstown/Pownal.

PAYMENT SCHEDULE:

10% with bid, certified or teller’s check. No Business Check. Bids must be marked “Timber Sale.”

90% balance by June 30, 2017, 3:00 p.m.

*Payment in full is required before start of harvest PREHARVEST ORIENTATION: Purchaser must schedule a pre harvest on-site meeting with the Forester prior to or at the commencement of harvesting. No timber shall be cut before this meeting. Failure to comply will result in a 30 day delay of start.

BOND: A business check in the amount of $3500 shall be furnished by the Purchaser to New England Woodland Management, Inc. before he is permitted by the Forester to begin any logging operations. The performance bond shall be forfeited to the amount of damages determined by the Forester if any or all contract provisions are not faithfully and fully performed by the Purchaser. Should the amount of damages exceed the amount of the bond, the Purchaser agrees to pay the balance. Should a situation exist that would result in serious environmental or aesthetic damage, as determined by the Forester, and the Purchaser is either unwilling or unable to rectify the situation within seven days after being notified, the Forester may undertake corrective measures and deduct the cost of said measures from the performance bond covering this operation. Upon receiving written notification from the Forester that the situation has been satisfactorily rectified, the Purchaser shall be required to re-submit a performance bond to the amount originally specified at the beginning of this section. (Refer also to Failure to Comply). Performance bonds shall be returned to the Purchaser after all final inspections are completed by the Forester and the appropriate State Agency.

TIME LIMIT: Except as otherwise provided in this contract, the Purchaser may begin cutting and removing timber sold under this contract when he is notified by the Forester that he has fulfilled the obligations stated in the contract (financial, insurance certificate, performance bond, etc.). Purchaser shall have until September 30, 2018 to cut and remove timber and lumber and fulfill all contractual obligations. All machinery used by the Purchaser during the operation must be removed at the time of completion. Timber, logs, material and equipment shall become the property of the landowner if not removed by the “time limit”. Upon completion of the harvesting operation, Purchaser has thirty days to remove all equipment, materials, slash and debris from the landing areas, and grade, water bar, seed and mulch with hay all landing areas and roads, weather and ground conditions permitting, or until the above mentioned time limit, whichever comes first. If operator leaves voluntarily (on his own accord) for 30 days or more, all roads must be graded and water barred. Landing areas shall be cleaned of logs, debris, slash and blocks. Purchaser also agrees to comply with all provisions under the heading of SLASH in this agreement.

EXTENSIONS: If the purchaser shows that delay in cutting and removing forest products was due to causes beyond his control, the Forester may grant an extension of time. A request for an extension must be made in writing at least two weeks prior to the expiration date of the contract.

FAILURE TO COMPLY: Failure to comply with any conditions of this contract will be cause for suspension of this operation and/or cancellation of the contract. All terms in “FAILURE TO COMPLY” are to be determined by the Forester. Contract cancellation will result in forfeiture of the performance bond and timber sale cash proceeds.

In the event that the Purchaser breaches any provision of this contract, the landowner shall have the right, at his/her option to (1) suspend or terminate this contract, (2) suspend or terminate Purchaser’s right to enter upon Landowner’s land, and/or (3) retain Purchaser’s performance deposit.

Landowner, its Agent, or the Forester shall notify Purchaser in writing of its intention to exercise any or all of the rights set forth in the above paragraph.

SUSPENSION: No skidding or hauling shall be allowed between the dates of March 1st and June 1st, unless approved by the forester.

DISCLAIMER OF WARRANTY: The Forester expressly disclaims any warranty of fitness of timber for any purpose. All timber sold hereunder is accepted “as is” without any warranty of merchantability. Any warranty as to the quality or quantity of the timber sold hereunder is expressly disclaimed by the forester.

PROTECTION OF THE RESIDUAL STAND: Only trees designated shall be cut. Purchaser shall pay as damages 3 times the mature board foot value (current market value to be determined by the Forester) for any undesignated trees cut, provided that he shall not be held liable for the penalty if a few trees are cut during the construction of necessary roads and skid ways. Unmarked trees and reproduction shall be protected against unnecessary damage during logging operations. No liability shall be attached to the Purchaser for any damage which may be said to be customary in logging timber. However, if, in the opinion of the Forester, an excessive number of trees are damaged through carelessness, they will be paid for at the rate of 3 times the mature board foot and value. In tree length logging, logs will be cut to a maximum length of 33’ when deemed necessary by the Forester. Purchaser warrants that its cutting and timber removal practices shall conform at all times with the highest standards of care and practice for such harvesting operations. See Special Provisions for mature board foot value.

EQUIPMENT: Types and sizes of equipment to be used is subject to (1) the approval of the Forester, and (2) the specific limitation indicated in the “SPECIAL PROVISIONS” section of this contract.

STORAGE AND HANDLING OF HAZARDOUS MATERIALS: All petroleum products, industrial chemicals, and similar materials shall be stored in durable containers in areas so located that any spillage shall not drain into any river, watercourse, lake, or reservoir. Drain oil and/or other fluids must be containerized and removed from the property.

SLASH: All slash shall be treated in accordance with Chapter 48, Section 16 of the General Laws, if applicable. All tops shall be lopped to 36” (three feet) with 1’ (12”) top height within 100’ of South Mason Hill Road from the ground. Upon felling of trees, “tops” and “spring poles” are to be lopped and severed on an as-you-go basis.

WATER QUALITY, EROSION CONTROL: The Purchaser shall comply with all state and federal laws pertaining to water quality in connection with any operations under this contract. The Purchaser shall take every reasonable precaution not to pollute or obstruct the flow of any stream, lake, or reservoir on or adjacent to the sale area, said Purchaser shall correct the condition to the satisfaction of the Forester. The Purchaser shall undertake every reasonable measure to minimize soil damage and erosion in connection with any operations under this contract, including but not limited to the construction and maintenance of water bars, culverts, and bridges.

ROADS AND TRAILS: The minimum number of roads and skid ways and landing areas shall be located with the approval of the Forester prior to cutting. At the end of the operation, all main logging roads and skid trails shall be left free of slash. Main skid roads and landings shall be graded at the time of completion of the operation. The Purchaser shall perform or pay for any repair or maintenance of any road unnecessarily damaged, in the opinion of the Forester, provided, that he shall not be liable for normal wear and tear, or damage caused by third parties

If Purchaser constructs the roads, trails, or landings, all trees more than three inches (3”) in diameter shall be severed at stump level and not pushed over. Purchaser shall keep all main truck roads free of logs, pulpwood, brush and debris at all times.

Should winter harvesting operations be necessary, Purchaser shall construct any one or all of the following, before or at the time the ground freezes: log reinforced water bars, water bars, broad based drainage dips, hay bale impoundment’s, in locations designated by the Forester. These structures are necessary for erosion control and site stabilization during spring thaw.

WASTE DISPOSAL: Purchaser shall, to the satisfaction of the Forester, remove or otherwise dispose of all garbage, trash, litter, discarded equipment or parts, or other refuse resulting from the operation.

PORTABLE MILLS: A mill may be set on the location. If a mill is allowed to be set, it is subject to the conditions specified in the “SPECIAL PROVISIONS” section of this contract.

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

EQUAL OPPORTUNITY: The employer shall comply with all applicable municipal, state, and federal laws and regulations regarding equal employment opportunities.

INSURANCE: Purchaser will be required to furnish a certificate of insurance including at least the following limits of coverage:

Coverage

Limits

Workers Compensation

Statutory

Employer’s Liability

$500,000 per occurrence

Public Liability

$500,000 per person

Bodily Injury

$1,000,000 per occurrence

Public Liability

Property Damage

$1,000,000 per occurrence

Motor Vehicle Liability

$1,000,000 per occurrence for bodily injury

$100,000 per occurence for property damage

$500,000 per person

Every contract of insurance providing the coverage required herein shall contain the following or equivalent clause: “No reduction, cancellation, or expiration of the policy shall become effective until ten (10) days from the date written notice thereof is actually received by New England Woodland Management, Inc. The landowner, Town of Williamstown, 31 North Street, Williamstown, MA 01267 & NEWM, Inc., P.O. Box 440, West Stockbridge, MA 01266 shall be listed on the contract of insurance as the certificate holders.

The purchaser shall obtain adequate insurance and shall hold the landowner, its agent, and the Forester harmless and indemnified from and against all claims for injuries incurred to persons resulting in any way from the Purchaser’s operations under this agreement. Purchaser shall be considered an independent contractor. Should a situation occur where the insurance company or carrier refuses to compensate the landowner and/or Forester, the buyer shall be responsible for payment for damages.

INDEMNIFICATION: Purchaser shall indemnify, hold harmless and defend landowner, its directors, officers, employees, servants, and agents from and against any and all claims, liability, loss, suits, costs or damages and expenses (including cost of defense, settlement and reasonable attorneys’ fees), which may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, or any other liability occasioned wholly or in part by an act of omission of Purchaser, its officers, directors, employees, agents, contractors, subcontractors or servants or caused, in whole or in part, by (1) Purchaser’s breach of any term or provision of this contract; or (2) any negligent or willful act or omission of Purchaser, its officers, directors, employees, agents, contractors, subcontractors or servants in the performance of this agreement.

The provisions of the above paragraph shall survive after cancellation, termination, or expiration of this agreement.

TRANSFER: Purchaser shall not subcontract, transfer, resell, assign, etc., any portion of the standing timber or contract without written approval of the Owner. In the event that the harvesting of the standing timber is subcontracted, Purchaser shall notify the Owner/Agent and provide proof of insurance for any and all subcontractors.

ASSIGNMENT: Purchaser shall not delegate any duties or assign any rights or monies due or to become due under this Agreement, and any attempt to do so shall be void unless prior written consent has been obtained from Landowner. Purchaser delegates any of its duties or assigns any of its rights to Landowner under the terms and conditions of this Agreement as if no delegation had been made.

MUNICIPAL SALES: No person shall carry on his person or transport in any vehicle, fire arms of any nature on the lands of the commission. The Purchaser shall neither permit nor suffer the introduction or use of spiritous liquors upon the works embraced in this contract or upon any of the ground occupied by him. Since the area upon which the timber is located is part of the watershed of a public water supply, extreme care must be taken at all times to provide proper sanitation particularly as follows: Lunching areas must be kept clean of sandwich wrappers, garbage, and other litter.

CUTTING AND REMOVAL OF TIMBER: Purchaser shall notify the Forester or Owner/Seller at least one (1) week in advance of its intention to commence the cutting or removal of timber, at any time during the contract. Purchaser shall also notify the Forester in writing of any voluntary suspension of activities of more than thirty days. If such suspension occurs the Purchaser will again be required to notify the Forester at least one week in advance of its intention to resume the cutting or removal of timber.

SPECIAL PROVISIONS:

This harvest is a silvicultural treatment; the goal is to provide a thinning for the benefit of the residual forest.

Harvest procedure: Prepare all skid roads during the growing season and in advance of harvesting, fell all small marked stems prior to felling of harvest trees. Fell harvest trees at 30-40( angles to the skid roads to minimize chance of residual tree damage.

“NO” trees, FLAGGED TREES AND OTHER UNDESIGNATED TREE DAMAGE RATE BY SPECIES:

Red oak, sugar maple, black cherry, butternut, tulip poplar: 20” dbh, 32’ log height

White pine, spruce, hemlock: 18” dbh, 48’ height

Red maple, white birch, beech: 14” dbh, 32’ log height

No “pushing” trees with the skidder as a general means of felling—trees are to be felled directionally in a safe manner by wedging.

Successful bidder shall grade, drain, water bar and seed to grass all main skid roads and trails where deemed necessary by the forester. Landing areas shall be drained, graded, cleared of all debris, and seeded to grass and mulched with hay.

Successful bidder shall supply any materials needed to cross streams/wetlands. These include, but are not limited to: culverts, hay bales and bridge materials.

Purchaser shall supply 100 lbs of AGWAY CONSERVATION SEED MIX OR EQUIVALENT, to the Forester before the completion of the sale.

It is the responsibility of the buyer to obtain any federal, state and/or local permits required. For example, any driveway permits required by the local town highway superintendent. This would also include any utility rights-of-way.

All marked trees are to be treated. Purchaser is to advise harvester of any danger or hazard trees. Upon notification, the forester will reroute the roadway or correct the hazard situation. Note: The harvester/purchaser is not obligated to harvest or work near or around any situation he/she considers unsafe. The forester must be notified in writing.

It is the responsibility of the buyer to inform harvesting crew(s) and/or contractor of the terms set forth in this contract.Topwood/Crownwood must be removed to an 8-12” diameter

Timing:

During dry and/or frozen ground conditions only. No mud or ruts will be acceptable.

Portable toilet facilities must be delivered prior to start of harvest and remain until harvest is complete.

New England Woodland Management, Inc.

Contract #17-02 I bid _________________________________________($________)per lump sum for the above described timber after deductions taken for roadwork/cull trees and will consider this a binding contract, when signed and dated below by the Landowner and Bidder. I agree to follow the requirements of the contract as described on this page and the preceding pages of forfeit any monies paid to the Landowner and/or Forester. A performance bond of $3,500.00 will be furnished to the Forester before the harvesting operation begins.

PAYMENT SCHEDULE:

10% with bid, certified or teller’s check. No Business Check.

90% balance by June 30, 2017, 3:00 p.m.

*Payment in full is required before start of harvest Date:___________ Signature:______________________________________

Title: ______________________________________

Company:

I, ____________________________________ agree to the sale of the above described timber under the terms of this contract to the above described bidder as of this date. I guarantee that I have the authority to sell said timber.

Date:________________ Signature:__________________________________

Title:______________________________________ The provisions of this entire agreement shall survive after cancellation, termination, or expiration of the agreement.

TO:

PROSPECTIVE BIDDERS, PROVIDER OF GOODS, SERVICES, REAL ESTATE SPACE, LICENSEES AND CONTRACTORS

FROM:

Town of Williamstown

Chapter 233 (Sections 35 & 36) of the Acts and Resolves of 1983 enacted the Revenue Enforcement and Protection Program effective July 1, 1983. One aspect of the law requires providers of good and/or services to attest under the penalty of perjury that he is in compliance with all laws of the Commonwealth relating to taxes.

To comply with this requirement, please sign the form below and return.

Any person failing to sign the Attestation Clause shall not be allowed to obtain, renew or extend a license, permit or contract.

Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes required under the law.

Social Security Number or

Federal Identification Number

Signature of Individual or

Corporate Name

By:

Date

Corporate Officer

(If Applicable)

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF: __________________________________

COUNTY OF: __________________________________________, being first duly sworn,

(1) He is _____________________________________________________of

_____________________________________________________________, the Bidder that has submitted the attached bid.

(2) He is fully informed respecting the preparation and contents of the attached bid and all pertinent circumstances respecting such bid.

(3) Such bid is genuine and is not a collusive or sham bid.

(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or had in any manner, directly or indirectly, sought by agreement or collusion or communication or convergence with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the owner or any person interested in the proposed contract; and

(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or its agents, representatives, owners, employees, or parties in interest, including this affidavit.

Signed

Title

Subscribed and sworn to before me this _____ day of _______________, 20 ___

Notary Public

My Commission expires:

New England Woodland Management, Inc.