Request for Written Quotes Project DFW-2027-038

Firebreak Improvement and Construction at the Army Corp of Engineers Birch Hill Dam Property Templeton, MA

Summary

The Army Corp of Engineers Birch Hill Dam Property is under a cooperative management agreement with the U.S. Army Corp of Engineers and the Massachusetts Division of Fisheries & Wildlife (MassWildlife).

MassWildlife is soliciting bids from Contractors to construct and improve firebreaks for facilitation of prescribed fire and habitat management during Fiscal Year 2027 (FY27) over an approximately a 140-acre parcel at the Army Corp of Engineers Birch Hill Dam Property (hereinafter collectively referred to as ACOE Birch Hill), located in Templeton, Massachusetts (Figs. 1 & 2).

Treatments will include removing stumps and understory vegetation, grading within the identified firebreak footprint, bank stabilization and creation of truck turn-arounds in accordance with the treatment specifications section below. Understory vegetation primarily consists of shrubs and saplings ranging from 1-6 feet total height. All stumps >3” in diameter will be removed from the site.

The contract will be awarded to the lowest responsible and eligible bidder for the treatments described on the Mandatory Bid Sheets. 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, 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) and 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) 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.

PROCUREMENT CONTACT

Name and Title: James Burnham, Program Coordinator Phone: 508-389-6343 Email Address: james.burnham@mass.gov

PROJECT MANAGER CONTACT INFORMATION

Name and Title: Tom Wanslaben, Habitat Biologist Phone: 857-275-3566 Email Address: thomas.wansleben@mass.gov

Funding, Timeline, Permitting, Bonding, & Contract Award

Funding:

$40,000 in funding has been identified to complete the work in designated treatment areas.

Timeline:

All project work, including grading and cleanup of material, must be completed no later than May 1, 2027, unless otherwise approved in writing by MassWildlife’s Associate Director of Finance.

Contractor shall note that Elm Street is not plowed in the winter and a portion of it becomes a groomed snowmobile connector trail during adequate snow years. The snowmobile trail shall not be impaired once the snowmobile trail is groomed. Work will take place as long as the ground is visible, frozen ground and/or too much snow will result in temporary suspension of the project until conditions improve at the discretion of MassWildlife.

It should be noted that this is a primary storage area for flood control and though highly unlikely, there is a chance where flooding from water storage could block access into portions of some units between March 15, 2027 and April 15, 2027. Flooding does not happen abruptly so there will be adequate time to move equipment.

MassWildlife and Birch Hill ACOE staff will work with the contractor to notify them of potential flooding.

Bid Sets Available (place, date and time): After November 4, 2026; available on Commbuys. Visit www.commbuys.com and in the bid description box enter DFW-2027-038 and click Perform Quick Search.

Pre Bid Conference (place, date and time): It is mandatory for all vendors to attend a bidder’s conference prior to submitting a bid. A bidder’s conference is scheduled at the Properties at 9:00 am on Wednesday, November 18, 2026. Meet at the end of Elm Street, Baldwinville, MA (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 they 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 Biologist Tom Wansleben at 857-275-3566 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 because 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.

Permitting: 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 site of the Project shall apply http://www.commbuys.com/ 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, Wetlands Protection Act) for this work will be secured by MassWildlife. All other necessary permits are the responsibility of the Contractor and shall be obtained and paid for by the Contractor.

Bonding:

The winning bidder(s) shall submit: 1) a performance bond in the amount of 100% of the total contract;

and 2) a payment bond in the amount of 50% of the total contract price for any contract totaling $25,000.00 or more that results from this request for quote, within ten days of contract award.

Bonds shall be issued from a surety company qualified to do business under the laws of the Commonwealth. The Performance Bond and the Labor and Materials Payment Bond (where required) 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 request for written quotes are subject to Massachusetts’ prevailing wage rates. Prevailing wage rate schedules are included in this request for written quotes (RFQ) and should be taken into account when submitting the bid. The Bidders attention is directed to the Commonwealth of Massachusetts Public Employment Laws at the end of this document.

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-2027-038) in the subject line and include the appropriate contact’s name, address, and email address in the body of the email. You will be added to the list of bidders that have obtained this request for written quotes and will be notified of any and all changes to the bid documents. If you downloaded this request 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 OR the Base Bid plus Alternate No. 1 OR the Base Bid plus Alternate 1 plus Alternate 2 OR the Base Bid plus Alternate 1 plus Alternate 2 plus Alternate 3. 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.l49 §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.

mailto:james.burnham@mass.gov

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.

Specifications:

The Contractor is responsible for completion of all items listed herein. Note: All equipment shall be completely free of invasive plants, parts, seeds or other material prior to arrival on site. The Project Manager reserves the right to halt work if equipment is not satisfactorily clean. The project will be considered finished when the Project Manager has confirmed that each item is satisfactorily completed.

Treatment Specifications

The Contractor shall be responsible for completing all Treatment Units at the properties during FY27 according to the treatment specifications described herein. All acreages and distances 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 measurements prior to submitting their 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.

Unit soil substrate consists primarily of sandy outwash soils with occasional boulders. Terrain is variable including flat areas, rolling hills and steep hillsides. The units were subjected to whole tree clearing operation in 2023 where 60-90% of overstory trees were removed. Some, but not all, of the firebreak locations are on pre-existing roads, trails or skid trails where most stumps have already been removed. Benching in of roads is allowed and may be required in some locations. Construction in wetland buffer zones (Figure 2) will require adherence to erosion control and other measures as dictated by the Templeton Conservation Commission Order of Conditions (304-0388) including, but not limited to, the installation and maintenance of sedimentation barriers/erosion control until all disturbed areas within the wetland resource areas have been fully stabilized.

Standards for Water Bars, Straw Bale, Silt Fence, and Fiber Roll Installation must be constructed in accordance with the standards in the MA Forestry Best Management Practices Manual.

The desired final product is drivable firebreaks and vehicle turn-arounds established according to specifications listed below and shown on the accompanying map (Figure 2). All trees (>3” dbh), including stumps, and all woody understory vegetation (1-3 inches dbh) shall be removed from the firebreaks. All stumps >3” diameter must be removed from the site. All truck firebreaks (“truck road” on Figure 2) must be graded to a drivable standard by a 4x4 Ford F350 truck, or equivalent, and should be 12 feet wide with appropriate construction to prevent water pooling or erosion; this may require benching or edging into the side-hills. UTV trails (“UTV road” on Figure 2) shall follow same standards but only need to be 6 feet wide. All truck turn-arounds need to be con-structed to that vehicles and can fully turn without backing up as described below (“Construction of three truck turn-around locations”).

Base Bid - Firebreak construction and improvements, erosion mitigation, and turn-around construction:

https://www.mass.gov/doc/massachusetts-forestry-best-management-practices-manual-0/download

• ~5,500 linear ft total of 12 foot wide firebreaks (“Road Truck” on Figure 2): All woody shrubs, trees, and tree stumps shall be removed from within the firebreak footprint (not mulched). Stumps over 3” in diameter shall be removed from the site and legally disposed of; all other woody material shall be evenly distributed along the outside of the firebreak footprint. Stumps may be stockpiled and processed at a central location chosen by MassWildlife (“Equipment Staging” on Figure 2), but processed material shall be removed entirely from the site. Exposed rocks, embedded boulders and other obstructions pro-truding more than 4” vertically above the surrounding finished road surface shall be removed, reduced to grade, or covered with suitable compacted material. Regardless of protrusion height, rocks or ob-structions that could cause excessive vehicle tilting, loss of traction, undercarriage contact, or interfer-ence with safe vehicle passage shall be corrected to the satisfaction of MassWildlife. Areas where ob-structions are removed shall be backfilled, graded and compacted to provide a stable and reasonably uniform travel surface. Obstructions removed from the firebreak footprint shall be placed on the outside perimeter of the firebreak. Firebreaks shall stay as close as possible to the proposed locations on Figure 2; any deviations will require approval, in writing, from MassWildlife. All firebreaks must be graded to a drivable standard by a Ford F350 truck, or equivalent, with appropriate construction to prevent water pooling or erosion; this may require benching or edging into the side-hills. All fire break intersections shall be designed to allow a 4x4 pickup truck (Ford F350 truck, or equivalent) to easily turn into the per-pendicular road.

• ~200 linear feet total 6 foot wide firebreaks (“UTV” on Figure 2): All woody shrubs, trees, and tree stumps shall be removed (not mulched) from within the firebreak footprint. Stumps over 3” in diameter shall be removed from the site. Large stones that will impede vehicle access shall be removed from the firebreak footprint and placed on the outside perimeter of the firebreak. Firebreaks shall stay as close as possible to the proposed locations on Figure 2, any deviations will require approval, in writing, from MassWildlife. All firebreaks must be graded to a drivable standard by an UTV with appropriate construc-tion to prevent water pooling or erosion; this may require benching or edging into the side-hills.

• ~400 linear feet of Erosion mitigation measures at locations A, B, and C on Figure 2 (NOTE: The “Ero-sion Mitigation segments also include treatment specifications for 12 foot wide firebreaks above.):

o Location A: The contractor shall fill in eroded gully with surrounding soil and level with slope and install 4 water bars to prevent further erosion and soil from washing into firebreak at the bot-tom of the hill.

o Location B: The contractor shall install 2 water kick outs, or equivalent water diversion, to pro-mote water flowing off the firebreak.

o Location C: The contractor shall grade eroded banks of skid trail to make firebreak even with the surrounding slope and to prevent water from pooling in firebreak.

o Contractor is responsible for supplying, and installing , any needed erosion control materials (straw bales, silt fences, fiber rolls, etc.) as needed.

• Construction of three truck turn-around locations (“Turnaround” on Figure 2):

o Each turn-around shall be cleared of material within a 55 feet diameter curb to curb circle to allow a Ford F350 truck, or equivalent, to turn around completely without backing up.

o All woody shrubs, trees, and tree stumps shall be removed (not mulched) from within the turn-around footprint. Stumps over 3” in diameter shall be removed from the site. Large stones that will impede vehicle access shall be removed from the turn-around footprint and placed on the outside perimeter of the turn-around. Turn-arounds shall stay as close as possible to the pro-posed locations on Figure 2; any deviations will require approval, in writing, from MassWildlife.

All turn-arounds must be graded to a drivable standard by a Ford 350, or equivalent, with appro-priate construction to prevent water pooling or erosion; this may require benching or edging into the side-hills.

Alternate 1:

• 12 ft. wide firebreaks: ~3,500 linear ft total (“Road-Truck” on Figure 2): All woody shrubs, trees, and tree stumps shall be removed from within the firebreak footprint (not mulched). Stumps over 3” in di-ameter shall be removed from the site; all other woody material shall be evenly distributed along the outside of the firebreak footprint. Stumps may be stockpiled and processed at a central location chosen by MassWildlife (“Equipment Staging” on Figure 2), but processed material shall be removed entirely from the site. Exposed rocks, embedded boulders and other obstructions protruding more than 4” verti-cally above the surrounding finished road surface shall be removed, reduced to grade, or covered with suitable compacted material. Regardless of protrusion height, rocks or obstructions that could cause ex-cessive vehicle tilting, loss of traction, undercarriage contact, or interference with safe vehicle passage shall be corrected to the satisfaction of MassWildlife. Areas where obstructions are removed shall be backfilled, graded and compacted to provide a stable and reasonably uniform travel surface. Obstruc-tions removed from the firebreak footprint shall be placed on the outside perimeter of the firebreak.

Firebreaks shall stay as close as possible to the proposed locations on Figure 2; any deviations will re-quire approval, in writing, from MassWildlife. All firebreaks must be graded to a drivable standard by a Ford 350 truck, or equivalent, with appropriate construction to prevent water pooling or erosion; this may require benching or edging into the side-hills. All fire break intersections shall be designed to allow a 4x4 pickup truck (Ford 350 truck, or equivalent) to easily turn into the perpendicular road.

• Construction of one truck turn-around location (“Turnaround” on Figure 2):

o Each turn-around shall be cleared of material within a 55 feet diameter curb to curb circle to allow a Ford F350 truck, or equivalent, to turn around completely without backing up.

o All woody shrubs, trees, and tree stumps shall be removed (not mulched) from within the turn-around footprint. Stumps over 3” in diameter shall be removed from the site. Large stones that will impede vehicle access shall be removed from the turn-around footprint and placed on the outside perimeter of the turn-around. Turn-arounds shall stay as close as possible to the pro-posed locations on Figure 2; any deviations will require approval, in writing, from MassWildlife.

All turn-arounds must be graded to a drivable standard by a Ford 350, or equivalent, with appro-priate construction to prevent water pooling or erosion; this may require benching or edging into the side-hills.

Alternate 2:

• 12 ft. wide firebreaks: ~2,700 linear ft total: All woody shrubs, trees, and tree stumps shall be removed from within the firebreak footprint (not mulched). Stumps over 3” in diameter shall be removed from the site; all other woody material shall be evenly distributed along the outside of the firebreak footprint.

Stumps may be stockpiled and processed at a central location chosen by MassWildlife (“Equipment Stag-ing” on Figure 2), but processed material shall be removed entirely from the site. Exposed rocks, em-bedded boulders and other obstructions protruding more than 4” vertically above the surrounding fin-ished road surface shall be removed, reduced to grade, or covered with suitable compacted material.

Regardless of protrusion height, rocks or obstructions that could cause excessive vehicle tilting, loss of traction, undercarriage contact, or interference with safe vehicle passage shall be corrected to the satis-faction of MassWildlife. Areas where obstructions are removed shall be backfilled, graded and com-pacted to provide a stable and reasonably uniform travel surface. Obstructions removed from the fire-break footprint shall be placed on the outside perimeter of the firebreak. Firebreaks shall stay as close as possible to the proposed locations on Figure 2; any deviations will require approval, in writing, from MassWildlife. All firebreaks must be graded to a drivable standard by a Ford 350 truck, or equivalent, with appropriate construction to prevent water pooling or erosion; this may require benching or edging into the side-hills. All fire break intersections shall be designed to allow a 4x4 pickup truck (Ford 350 truck, or equivalent) to easily turn into the perpendicular road.

Alternate 3:

• 12 ft. wide firebreaks: ~1,400 linear ft total: All woody shrubs, trees, and tree stumps shall be removed from within the firebreak footprint (not mulched). Stumps over 3” in diameter shall be removed from the site; all other woody material shall be evenly distributed along the outside of the firebreak footprint.

Stumps may be stockpiled and processed at a central location chosen by MassWildlife (“Equipment Stag-ing” on Figure 2), but processed material shall be removed entirely from the site. Exposed rocks, em-bedded boulders and other obstructions protruding more than 4” vertically above the surrounding fin-ished road surface shall be removed, reduced to grade, or covered with suitable compacted material.

Regardless of protrusion height, rocks or obstructions that could cause excessive vehicle tilting, loss of traction, undercarriage contact, or interference with safe vehicle passage shall be corrected to the satis-faction of MassWildlife. Areas where obstructions are removed shall be backfilled, graded and com-pacted to provide a stable and reasonably uniform travel surface. Obstructions removed from the fire-break footprint shall be placed on the outside perimeter of the firebreak. Firebreaks shall stay as close as possible to the proposed locations on Figure 2; any deviations will require approval, in writing, from MassWildlife. All firebreaks must be graded to a drivable standard by a Ford 350 truck, or equivalent, with appropriate construction to prevent water pooling or erosion; this may require benching or edging into the side-hills. All fire break intersections shall be designed to allow a 4x4 pickup truck (Ford 350 truck, or equivalent) to easily turn into the perpendicular road.

Access Control/Post Treatment Requirements:

The entire site is behind a locked gate. A paved road enters the unit and there are adequate areas for loading/unloading and staging equipment (“Equipment Staging” on Figure 2). Roads used within the ACOE Birch Hill property shall be maintained or repaired to pre-existing conditions to provide access and passable condition at the completion of the project.

Equipment Specifications:

• Machinery is subject to approval by MassWildlife and must be capable of removing stumps and boul-ders, benching in roads, grading, compacting roads and constructing water bars.

• Approved machinery must be kept at specified equipment staging areas identified by MassWildlife staff when not in use (Figure 2), unless otherwise permitted. All machinery must carry working fire extin-guishers.

• Some work is within wetland/river buffer zones. No equipment shall cross wetland boundaries. Work within the wetland buffer zone shall require adequate erosion/sediment control measures prior to con-struction work as directed by the Order of Conditions from the Templeton Conservation Commission.

This will include installation of silt fencing, straw bales/waddles etc.

• All equipment used off the existing roads shall be power washed and free from mud or debris to prevent unwanted introduction of invasive plants.

General Specifications

1. Operational Requirements

a) 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 con-sidered unauthorized and will not be paid for.

b) All operations must be performed during normal working hours (Monday – Friday, 7:00 a.m. to 5:00 p.m.) unless other arrangements are made with MassWildlife.

c) All equipment operators are required to meet with a MassWildlife representative to walk the entire project site prior to beginning work. The cost associated with the operator site walk should be reflected in the Contractor’s bid.

d) Any person employed by the Contractor or by any Subcontractor who, in the opinion of the MassWild-life representative, does not perform his/her work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the MassWildlife representative, be removed by the Con-tractor or Subcontractor employing such person, and shall not be employed again in any portion of the project without the approval of MassWildlife.

e) Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the MassWildlife representative may suspend all work by written notice to the Contractor until compliance with such orders has been met

f) All equipment which is proposed to be used on the work site shall be of sufficient size and in such mechanical condition as to meet requirements of the project and to produce a satisfactory quality of work. Equipment used on any portion of the project site shall be used in such a way that no injury to previously completed work or adjacent property will result from its use.

g) The winning bidder 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 according to MassWildlife’s Best Management Practices. Cleaning will substan-tially reduce the chance of spreading invasive species from a previous work site. Machinery that has not been cleaned in this manner will not be allowed on site.

h) All mechanized equipment must be free of leaks in fuel and hydraulic lines during the course of work and must be removed from the site at the conclusion of work. Further, all mechanized equipment must carry oil-absorbent pads, quality subject to the approval of MassWildlife, at all times to be used in the event of a fluid spill. Any employee working on a project site must receive instruction on proper response procedures to hazardous materials spills

i) All mechanized equipment shall carry a working fire extinguisher at all times to be used in the event of a fire. If conditions become dry and the chance of a fire starting with the machinery is increased, MassWildlife reserves the right to request the Contractor to limit hours, bring additional large ca-pacity water storage on site, or suspend the operation until conditions improve, in which case the remobilization costs described in section 2(k) below shall apply https://www.mass.gov/files/documents/2017/09/19/bmp-invasives.pdf

j) Temporary access roads to be used by the Contractor must be approved by MassWildlife at each site prior to the start of work.

k) All roads used by the Contractor for access to the site must be restored to their pre-treatment condi-tion at the conclusion of the operation in coordination with, and to the satisfaction of, MassWildlife staff. Any ruts that are made during the treatments must be graded promptly as conditions permit to the satisfaction of MassWildlife staff. A MassWildlife staff person will be on site for the majority of the operation and communicate daily with the Contractor concerning treatment site conditions. If deep rutting occurs and compacts the soil so that grading will not bring the soil level back to the pre-use condition, MassWildlife may require the Contractor buy and to bring in approved gravel and/or fill material to remediate the access areas. MassWildlife must approve of any material brought on-site.

l) 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 48 hours of the incident.

m) Any flagging or other materials used on site during the application must be removed upon project completion (biodegradable flagging can be left in place).

n) The Contractor shall, to the satisfaction of MassWildlife staff, remove or otherwise dispose of all gar-bage, 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.

o) 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 equip-ment 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 in-curred resulting from the cleanup of all spills and leaks, and shall correct the situation to the satisfac-tion of MassWildlife staff, including but not limited to the removal and appropriate disposal of con-taminated soil based on MassWildlife staff determination.

p) Contractors must submit a document describing their company containment policies and proce-dures as well as all relevant employee training as it would relate to the Contractor’s preparedness to respond to a hazardous materials spill.

q) 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.

r) 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 sale 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 grad-ing 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 Prac-tices Manual. Vendors will be required to bring all roads and areas used in the operation back to their pretreatment conditions which may include grading, seeding, and potentially bringing in approved fill material.

s) SPECIAL SITUATIONS: Should a situation exist that would in the opinion of the 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, the Division may undertake corrective measures and deduct the cost of said measures from the performance bond covering this operation (see General Specification 2 (Contract Requirements) g., below), and may pur-sue its remedies against the Contractor for any loss, claim, damage or charge that arises due to such damage.

t) HISTORICAL/CULTURAL RESOURCES: MassWildlife seeks to conserve historical and cultural resources during habitat management operations, including but not limited to stone walls, cellar holes, founda-tions, 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 the harvesting operation to the satisfaction of MassWildlife staff. Only existing barways (openings) in stone walls may be used to transport wood products by forwarder or skidder, unless MassWildlife staff specifically identifies a new opening to be created. If MassWildlife staff identifies a site as having archaeological sensitivity, Contractor shall avoid rutting, scarifying, and other soil disruption to the site by operating only under dry, frozen, or otherwise stable conditions.

Contract Requirements:

a) This project is subject to Massachusetts prevailing wage rates. Prevailing wage rate schedules are included in this RFQ and should be taken into account when submitting the bid. Contractors shall submit all certified payroll sheets for all employees employed at the work site that are performing prevailing wage tasks with their request for payment for work completed.

b) 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.

c) The following Workforce Participation Goals for minorities and women as required by M.G.L. c. 149, § 44A(2)(G) shall apply to this contract: the applicable minority workforce utilization percentage is 15.3%; the women workforce utilization percentage is 6.9%.

d) The Contractor shall provide a valid certificate of insurance prior to beginning work. 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. Proof of liability insurance coverage shall be attached to the signed contract prior to project commencement.

e) It is the responsibility of the contractor to make all necessary measurements or assessments before bidding on this job.

f) The total bid amount should not be limited to the previous description but shall include all materials and labor necessary to produce a completed job equal to or exceeding industry standards. All work shall only occur within applicable time restrictions. The specific timing of the operation shall be arranged between the Contractor and MassWildlife.

g) The Contractor shall provide as surety a performance bond in the amount of 100% of the contract price prior to beginning work. 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.

h) For any contract totaling $25,000.00 or more, the Contractor shall provide as surety a payment bond in the amount of 50% of the contract price within 10 days of contract award. The payment bond must be furnished to MassWildlife in the form of a surety bond issued by a surety company; a certi-fied, 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)]. Said bond will be returned to the Contractor after all terms of this contract are fulfilled to the satisfaction of MassWildlife.

i) This project shall not commence until all required procurement forms have been submitted to MassWildlife by the Contractor and a “Notice to Proceed” has been received by the Contractor from MassWildlife.

j) 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.

k) Any additional project costs must be approved by MassWildlife’s Associate Director of Finance, in writing, prior to being incurred.

l) 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.

m) The Contractor shall be responsible for all damage or injury to property of any character during the prosecution of the work resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted by MassWildlife, town officials, and other agencies with enforcement jurisdication.

n) When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he/she shall restore, at his/her expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he/she shall make good such damage or injury in an acceptable manner.

o) 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 general 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 general contractor must submit the amount of a claim under provision (a) 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.

p) 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.

q) 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.

r) 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."

s) Affirmative Action, Non-Discrimination In Hiring And Employment. The Contractor shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law. The Contractor commits to purchasing supplies and services from certified minority or women-owned businesses, small businesses or businesses owned by socially or economically disadvantaged persons or persons with disabilities.

t) 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 Execu-tive 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 con-tract(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 re-lease 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) Cre-ating 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 es-tablishing 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 neces-sary 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 Com-missioner of Administration six months after promulgation of the regulations under this Execu-tive Order, and then annually thereafter, stating the degree of compliance with the Order, whether the purpose of the Order has been…