UMAPP27-005 Tree Maintenance & Removal Services Complete Procurement Final.pdf

SPECIAL ATTENTION TO BIDDERS

Bids must be made on the enclosed form.

Fill in all applicable blank spaces on all pages of this form.

Return complete form intact.

University of Massachusetts

Amherst

CONTRACT FOR

The Commonwealth of MassachuseƩ s

CONTRACT NUMBER:

PROJECT NUMBER:

SPEEDTYPE NUMBER:

RFB #UMAPP27-005

REQUEST FOR BID

Campus Tree Maintenance & Removal Services

University of Massachusetts Amherst

RFB# UMAPP27-005

Confidentiality Notice:

This RFB and the information and material contained in it, constitute valuable information of the University of Massachusetts (“UMass”) and are confidential to UMass. Neither the RFB, nor any information or material contained in it may be copied, assigned, transferred, disclosed or utilized

© 2023 University of Massachusetts

ATTENTION CONTRACTORS

(Effective Immediately)

UMASS Supplier Portal

This project will be posted on the UMASS Supplier Portal website at:

https://bids.sciquest.com/apps/Router/PublicEvent?tab=PHX_NAV_SourcingOpenForBid&CustomerOrg=UMass&tmstmp=161780373 Submitting bids via the UMASS Supplier Portal website is mandatory no hard copies will be accepted.

Electronic bids may be submitted at the UMASS Supplier Portal website.

The documents on https://bids.sciquest.com/apps/Router/PublicEvent?tab=PHX_NAV_SourcingOpenForBid&CustomerOrg=UMass&tmstmp=161780373 3376 are the official source of information on all bids for the University of Massachusetts Amherst.

Documents attained from other sources will not be recognized during the bid and award process. Vendor’s relying on documents obtained from sources other than the https://bids.sciquest.com/apps/Router/PublicEvent?tab=PHX_NAV_SourcingOpenForBid&CustomerOrg=UMass&tmstmp=161780373 3376 website do so at their own risk and may result in the rejection of an individual’s bid. Please pay special note to Bid Opening Time!

ADDENDA NOTIFICATION

The University of Massachusetts Amherst will be posting all addenda to the UMASS Supplier Portal website:

https://bids.sciquest.com/apps/Router/PublicEvent?tab=PHX_NAV_SourcingOpenForBid&CustomerOrg=UMass&tmstmp=161780373 3376 . Notification will be sent via an e-mail from UPST Strategic Team once an addendum has been posted.

***It is the sole responsibility of the Bidder to ascertain the existence of any addenda issued by the Awarding Authority, whether or not the same are mailed to, or received by, Bidder. Copies of addenda will be made available for inspection at the locations listed in the Advertisement where the Contract Documents are on file***

BID BONDS & CERTIFIED CHECKS

If you choose to utilize a bid bond, you need to attach a scanned copy of the Bond into UMASS Supplier Portal, no hard copies are necessary. If you choose to utilize a Certified Check, you may upload a scanned copy of your Certified Check when submitting your bid, the scanned copy must be followed up with a hard copy delivered to the Strategic Procurement Department, 333 South Street, Shrewsbury, MA 01545 within 72 hours after the bid opening. Failure to submit a hard copy of your certified check within the specified time period will result in the rejection of your bid.

***Note that failure to submit a hard copy of your certified check more than two times in a twelve month period will result in a twelve month ban on submitting bids to the University.***

CLOSING: If the University of Massachusetts Amherst is closed on the scheduled bid closing date due to inclement weather or another unforeseeable event, the bid closing will still proceed electronically through the UMASS Portal Supplier website on the date and time listed. The physical opening and reading of the bid responses will occur the following date that the University is open for business at the same time as the original opening time.

Attention Contractors (Effective July 1, 2013)

UMASS Amherst is a Tobacco-Free campus Starting July 1, 2013, the University of Massachusetts will prohibit tobacco use everywhere on campus, inside buildings and throughout the grounds. The policy applies to everyone and anyone on campus, inside buildings and throughout the grounds. This policy applies to everyone and anyone, including students, staff, faculty, contractors and visitors. For the purpose of this policy, “tobacco” refers to any and all tobacco products, whether inhaled or ingested, as well as electronic cigarettes.

1. The use of tobacco will be prohibited in all buildings and vehicles owned or leased by UMASS Amherst, regardless of location.

2. The use of tobacco will also be prohibited on all University grounds and in any outdoor area controlled by the University. This includes all University land, parking lots and parking ramps, athletic fields, tennis courts and recreational areas.

3. The use of tobacco will be prohibited inside any vehicle located on University grounds.

4. When any person enters the grounds of the University, any smoking material shall be extinguished and disposed of in an appropriate receptacle at the perimeter of the grounds of the University.

Introduction/Scope provide Tree Removal and Maintenance

Services per the following specifications.

University Background Information

Specifications

Bid Schedule

9/22/ 9/25/ 10/07/

9/16/

Terms of Agreement

Bid Response Instructions https://bids.sciquest.com/apps/Router/PublicEvent?tab=PHX_NAV_SourcingOpenForBid&CustomerOrg=UMass&tmstmp=1617803733376

Hard copy bid responses will not be accepted.

Vendor Responsibilities

Response Ownership; Confidentiality

Questions

Selection and Notice

Contractual Terms and Conditions

Prevailing Wages

Entire Agreement

Bidder representations

Submittals

BID RESPONSE SECTION

Campus - Tree Maintenance and Removal

UMAPP27-005 BR-1 BID RESPONSE SECTION

TABLE OF CONTENTS

A. All of the following shall be inclusive of the BID RESPONSE SECTION and of the contract, unless otherwise noted:

SECTION PAGE

TABLE OF CONTENTS

BID RESPONSE FORMS

BID PRICE……………………………………………………………………………………………………..……2-5

MINIMUM CHARGE

RENEWAL OPTION

BIDDER QUALIFICATION STATEMENT

REFERENCES……………………………………………………………………………………………………..6 &7

PERSONNEL QUALIFICATIONS………………………………………………………………………………..7& 8

BID RESPONSE FORMS

A. Please submit Bids on the UMASS Supplier Portal Website:

https://bids.sciquest.com/apps/Router/PublicEvent?tab=PHX_NAV_SourcingOpenForBid&CustomerOrg=UMass&tmstmp=16178037333 Any bid submitted to the UMASS Supplier Portal website after the date and time specified will not be considered. No hard copies will be accepted.

B. Each Bidder shall be responsible for filling in all blank spaces of this BID RESPONSE SECTION.

C. The charges listed in this document shall not be exceeded during the initial contract period.

D. All figures entered in this document shall accurately reflect all charges for labor at the prevailing wage, travel expenses, vehicles, equipment, consumable and incidental materials, tools, shipping, fringe benefits, overhead, insurance, and profit and must be an accurate representation of actual charges (the University is tax exempt).

E. The contract will be awarded based upon the lowest Total Hourly Cost, entered under BID PRICE in this BID RESPONSE SECTION, page BR-5, submitted by a qualified bidder, meeting all requirements of this document.

F. Any bid showing other than a Total Hourly Cost basis figure, under the BID PRICE Section of this document, will be rejected as non-compliant.

G. Failure to submit a bid on a Total Hourly Cost basis or failure to provide any documentation or information required under this document, shall result in disqualification of the respective bid.

H. Failure to enter a percentage figure under RENEWAL OPTION of this BID RESPONSE SECTION, for an increase in price for the renewal year, will be interpreted as a zero (0%) percent figure and the Successful Bidder will be held to the Total Hourly Cost and hourly rates, entered under BID PRICE in this BID RESPONSE SECTION, with no price increase, for the renewal period.

UMAPP27-005 BR-2 BID RESPONSE SECTION

BID PRICE

A. The BID PRICE will be based upon the Total Hourly Cost, which shall consist of the costs for:

1. Aerial Lift Truck with minimum of 75’ working height with two-person crew (1) tree trimmer/remover and (1) ground person/laborer to provide removal, pruning and cabling of selected Campus trees.

2. Brush Chipper, minimum 18” diameter capacity with (1) laborer

3. Chip Truck with minimum 25 cubic yard capacity with (1) driver

4. Log truck minimum 60 cubic yard capacity with (1) operator.

5. Aerial pesticide sprayer minimum 75’ vertical range with (1) licensed pesticide applicator (cat.36)

6. Truck Mounted wire rope crane with minimum 60-ton capacity with (1) licensed operator.

7. Tree Climber (1)

8. Stump Grinder with a minimum horsepower ration of 120 HP

B. Each Bidder shall define the normal and off-shift workdays and hours and shall enter hourly rates, in the appropriate spaces provided below.

C. All hourly rates start or end at the time the Contractor arrives at or departs from the work site and signs in or out for each site visit. Reimbursement for travel time or travel expenses will not be allowed under the contract.

D. Each hourly rate shall accurately reflect all charges for labor at the prevailing wage, equipment, vehicles, travel expenses, consumable and incidental materials, hand-tools, shipping, fringe benefits, overhead, insurance, and profit, and must be an accurate representation of actual charges (the University is tax exempt).

E. The University guarantees a minimum compensation of four (4) hours, for each service call, for one (1) crew, as defined in Section 2.04, DEFINITIONS, under “CREW” of the TECHNICAL SPECIFICATIONS Section of this document, at the appropriate hourly rate for labor and equipment, as entered under BID PRICE, of this BID

RESPONSE SECTION.

HOURLY LABOR RATE CATEGORIES

A. The Bidder shall enter, in the appropriate spaces provided below, the respective normal and off-shift workdays and hours for the trade labor categories covered under this document.

B. The respective workdays and hours are:

Normal:

Off-Shift:

HOURLY LABOR RATES

A. The Bidder shall enter, in ink, in the appropriate space provided below, respective hourly labor rates, for services to be performed under this document.

B. The hourly labor rates entered under this Section shall reflect full compensation for the cost of labor at the prevailing wage rate, travel expenses, consumable and incidental materials, hand-tools, shipping, fringe benefits, overhead, insurance, and profit, as full compensation for services performed under this document.

The figures must be an accurate representation of actual charges (the University is tax exempt).

UMAPP27-005 BR-3 BID RESPONSE SECTION

BID PRICE (continued)

C. The hourly labor rates, for services performed, during normal (Monday through Friday) work hours are:

1. Aerial Lift Truck with minimum of 75’ working height with two-person crew (1) tree trimmer/remover and (1) ground person/laborer to provide removal, pruning and cabling of selected Campus trees.

$_________/per hour

2. Brush Chipper, minimum 18” diameter capacity with (1) laborer $_________/per hour

3. Chip Truck with minimum 25 cubic yard capacity with (1) driver $_________/per hour

4. Log truck minimum 60 cubic yard capacity with (1) operator. $_________/per hour

5. Aerial pesticide sprayer minimum 75’ vertical range with (1) licensed pesticide applicator (cat.36)

$_________/per hour

6. Truck Mounted wire rope crane with minimum 60-ton capacity with (1) licensed operator.

$_________/per hour

7. Tree Climber (1) $_________/per hour

8. Stump Grinder with a minimum horsepower ration of 120 HP $_________/per hour

D. The hourly labor rates, for services performed during off-shift (Monday through Friday) work hours are:

1. Aerial Lift Truck with minimum of 75’ working height with two-person crew (1) tree trimmer/remover and (1) ground person/laborer to provide removal, pruning and cabling of selected Campus trees.

$_________/per hour

2. Brush Chipper, minimum 18” diameter capacity with (1) laborer $_________/per hour

3. Chip Truck with minimum 25 cubic yard capacity with (1) driver $_________/per hour

4. Log truck minimum 60 cubic yard capacity with (1) operator. $_________/per hour

5. Aerial pesticide sprayer minimum 75’ vertical range with (1) licensed pesticide applicator (cat.36)

$_________/per hour

6. Truck Mounted wire rope crane with minimum 60-ton capacity with (1) licensed operator.

$_________/per hour

E. The hourly labor rates, for services performed during off-shift (Saturday) work hours are:

1. Aerial Lift Truck with minimum of 75’ working height with two-person crew (1) tree trimmer/remover and (1) ground person/laborer to provide removal, pruning and cabling of selected Campus trees.

$_________/per hour

2. Brush Chipper, minimum 18” diameter capacity with (1) laborer $_________/per hour

3. Chip Truck with minimum 25 cubic yard capacity with (1) driver $_________/per hour

4. Log truck minimum 60 cubic yard capacity with (1) operator. $_________/per hour

UMAPP27-005 BR-4 BID RESPONSE SECTION

BID PRICE (continued)

5. Aerial pesticide sprayer minimum 75’ vertical range with (1) licensed pesticide applicator (cat.36) $________/per hour

6. Truck Mounted wire rope crane with minimum 60-ton capacity with (1) licensed operator.

$_________/per hour

F. The hourly labor rates, for services performed during off-shift (Sunday) work hours are:

1. Aerial Lift Truck with minimum of 75’ working height with two-person crew (1) tree trimmer/remover and (1) ground person/laborer to provide removal, pruning and cabling of selected Campus trees.

$_________/per hour

2. Brush Chipper, minimum 18” diameter capacity with (1) laborer $_________/per hour

3. Chip Truck with minimum 25 cubic yard capacity with (1) driver $_________/per hour

4. Log truck minimum 60 cubic yard capacity with (1) operator. $_________/per hour

5. Aerial pesticide sprayer minimum 75’ vertical range with (1) licensed pesticide applicator (cat.36)

$_________/per hour

6. Truck Mounted wire rope crane with minimum 60-ton capacity with (1) licensed operator.

$_________/per hour

7. Tree Climber (1) $_________/per hour

G. The hourly labor rates, for services performed during off-shift (Holiday) work hours are:

1. Aerial Lift Truck with minimum of 75’ working height with two-person crew (1) tree trimmer/remover and (1) ground person/laborer to provide removal, pruning and cabling of selected Campus trees.

$_________/per hour

2. Brush Chipper, minimum 18” diameter capacity with (1) laborer $_________/per hour

3. Chip Truck with minimum 25 cubic yard capacity with (1) driver $_________/per hour

4. Log truck minimum 60 cubic yard capacity with (1) operator. $_________/per hour

5. Aerial pesticide sprayer minimum 75’ vertical range with (1) licensed pesticide applicator (cat.36) $_________/per hour

6. Truck Mounted wire rope crane with minimum 60-ton capacity with (1) licensed operator.

$_________/per hour

7. Tree Climber (1) $_________/per hour

UMAPP27-005 BR-5 BID RESPONSE SECTION

BID PRICE (continued)

EQUIPMENT HOURLY RATES

A. The Bidder shall enter, in ink, in the appropriate space provided below, the hourly rates, on a per-piece-of-equipment basis, to be used in performance of the required services.

B. The hourly rates entered under this Section shall reflect full compensation for the cost of travel expenses, equipment, vehicles, tools, consumable and incidental materials, overhead, insurance, and profit, to compensate for equipment to be used in performance of the required services. The figures must be an accurate representation of actual charges (the University is tax exempt).

C. The hourly rates, on a per-piece-of-equipment basis, to be used in performance of the required services are:

One (1) sixty-five (65) feet working height bucket truck $_________/per hour

One (1) brush chipper $_________/per hour

TRAFFIC CONTROL RATES

The hourly rate for traffic control when required is $_________/per hour.

HOURLY COST (BID PRICE)

A. The Bidder shall enter, in ink, in the appropriate space provided below, the workday costs for labor and equipment needed to perform the required services.

B. The cost for a normal (Monday through Friday) work hours is as follows:

Aerial Lift Truck with minimum of 75’ working height with two-person crew (1) tree trimmer/remover and

(1) ground person/laborer to provide removal, pruning and cabling of selected Campus trees.

$_________/per hour

2. Brush Chipper, minimum 18” diameter capacity with (1) laborer $_________/per hour

3. Chip Truck with minimum 25 cubic yard capacity with (1) driver $_________/per hour

4. Log truck minimum 60 cubic yard capacity with (1) operator. $_________/per hour

5. Aerial pesticide sprayer minimum 75’ vertical range with (1) licensed pesticide applicator (cat.36)

$_________/per hour

6. Truck Mounted wire rope crane with minimum 60-ton capacity with (1) licensed operator.

$_________/per hour

7. Tree Climber (1) $_________/per hour

Total of lines 1 – 8 = Total Hourly Cost $__________________

UMAPP27-005 BR-6 BID RESPONSE SECTION

MINIMUM CHARGE

A. The University guarantees a minimum compensation of four (4) hours for one (1) crew, as defined under CREW, in Section 2.0-4, DEFINITIONS, of PART TWO TECHNICAL SPECIFICATIONS, at the appropriate hourly rate for labor and equipment, entered under BID PRICE of this BID RESPONSE SECTION, for each service call.

B. If the minimum charge for each service call is different from that guaranteed by the University, the Bidder shall enter, in the space provided below, the minimum charge per four (4) hour work shift for one (1) crew.

Such minimum charge is $ per four (4) hour work shift.

RENEWAL OPTION

A. The Bidder guarantees that any increase in the cost of services for the optional, additional one (1) year contract period will not exceed the lower of the percentage rate of increase in the National Consumer Price Index for Urban Consumers (CPI-U), under the expenditure category for all items, over the previous twelve-month period, or _____%.

B. Failure to enter a percentage figure under this Section, for an increase in price for the renewal year, will be interpreted as a zero (0%) percent figure and the Successful Bidder will be held to the Total Typical Workday Cost and hourly rates figures, entered under BID PRICE of this BID RESPONSE SECTION, with no price increase, for the renewal period.

BIDDER QUALIFICATION STATEMENT

A. The Bidder shall submit, with the bid, all documentation required under Section 2.1-1, QUALIFICATIONS, of the TECHNICAL SPECIFICATIONS Section of this document and shall enter, in the appropriate spaces provided below, all requested information as documentation of their qualifications and ability to perform the services described in this document. Extra sheets and attachments may be used as necessary to provide complete information.

BUSINESS ADDRESS:

TELEPHONE NUMBER:

NO. YEARS IN BUSINESS:

NO. YEARS OF EXPERIENCE:

REFERENCES

A. The Bidder shall list below at least three (3) references for whom the Bidder has performed similar services to those specified in this document during the past year.

REFERENCE #1:

ADDRESS:

CONTACT PERSON: PHONE NUMBER:

WORK PERFORMED:

DATES OF SERVICE:

UMAPP27-005 BR-7 BID RESPONSE SECTION

REFERENCES (continued)

REFERENCE #2:

ADDRESS:

REFERENCE #3:

ADDRESS:

PERSONNEL QUALIFICATIONS

Date: ______________________________________

Name of General Bidder:

By: __________________________________________________________________________________________________________ (Name and Title of Person Signing Bid)

BusinessAddress:_________________________________________________________________________________________________

Telephone: ____________________________________________________________________________________________________

Signed By:_____________________________________________________________________________________________________

UMAPP27-005 BR-8 BID RESPONSE SECTION

PERSONNEL QUALIFICATIONS (continued)

A. The Bidder shall list below or attach a list of names and qualifications of all personnel currently employed by the Bidder, which the Bidder intends to use in the performance of the work specified in this document.

The required information shall include the employee’s name, trade labor classification, qualifications, length of relevant experience, training, and certifications.

END OF BID RESPONSE SECTION

SPECIAL REQUIREMENTS

Campus – Tree Maintenance and Removal

UMAPP27-005 SR1 SPECIAL REQUIREMENTS

TABLE OF CONTENTS

SECTION TITLE PAGE

1.0 GENERAL CONDITIONS……………………………………………………………………………………………...1

1.0-1 PART ONE TABLE OF CONTENTS……………………………………………………………………………………...1

1.0-2 SITE VISIT

1.0-3 QUESTIONS

1.0-4 WORKMANSHIP

1.0-5 PARKING REGULATIONS………………………………………………………………………………...……..…2 &3

1.0-6 UNIVERSITY PROPERTY AND SECURITY

1.0-7 SCHEDULING AND COORDINATION…………………………………………………………………..…………..3 & 4

1.0-8 LIQUIDATED DAMAGES

1.0-9 HEALTH & SAFETY……………………………………………………………..……………………..……….......4-6

1.0-10 PROTECTION OF OVERHEAD & UNDERGROUND UTILITIES………………………………………………………6 & 7

1.0-11 GUARANTY AND WARRANTY

1.0-12 INSURANCE REQUIREMENTS

1.0-13 BID DEPOSIT/ BID SECURITY

1.0-14 PAYMENT BOND

1.0-15 WAGE REQUIREMENTS

1.0-16 FOREIGN CORPORATIONS

1.0-17 REHABILITATION COMPLIANCE

1.0-18 CONTRACT TERMINATION

1.0-19 CONTRACT PERIOD

1.0-20 SUBCONTRACT WORK

1.0-21 GENERAL

1.0-22 OR EQUAL UNDERSTANDING………………………………………………………………………………………..11

1.0-23 BASIS OF PAYMENT……………………………………..…………………………………………………….11 & 12

HOURLY RATES

MINIMUM CHARGE

1.0-24 METHOD OF PAYMENT

UMAPP27-005 SR2 SPECIAL REQUIREMENTS

1.0-2 SITE VISIT

A. Bidders are encouraged to visit the Amherst campus of the University of Massachusetts to familiarize themselves with the conditions effecting the required work. Site visits shall be scheduled through Todd Cournoyer at telephone number 413-362-9913

1.0-3 QUESTIONS

A. Any questions preceding the submissions of the bid shall be directed to UMASS Supplier Portal. No questions from Bidders will be accepted within 5 days of the Bid opening. Questions will be answered in the form of an addendum which will be posted to UMASS Supplier Portal website:

https://bids.sciquest.com/apps/Router/PublicEvent?tab=PHX_NAV_SourcingOpenForBid&CustomerOrg=UMass&tmstmp=1617 803733376

B. The University of Massachusetts Amherst will be posting all addenda to the UMASS Supplier Portal website. Notification will be sent via email from UMASS Supplier Portal to all plan-holders of record once an addendum has been sent.

C. It is the responsibility of the Bidder to access any addenda, which will be posted on the UMASS Supplier Portal Website, in a timely fashion in order to prepare for bid.

1.0-4 WORKMANSHIP

A. All work shall be performed by skilled, experienced, and fully qualified personnel.

B. The Contractor shall provide all necessary elements and complete all work in a professional manner, conducted with proper speed and supervision in accordance with all requirements under this document.

C. The Contractor shall accept inspection by the Director of Physical Plant, or a designee, and shall correct any rejected services, at no expense to the University.

D. The Contractor shall maintain the work site in a clean and orderly condition at all times. Any debris, rubbish, or waste materials, generated as a result of the services performed under the contract, shall not accumulate and shall be properly disposed of in Contractor provided containers at the end of each work shift. Said debris, rubbish, and waste materials shall be transported to an appropriately designed and University approved off-campus disposal site, at the Contractor’s expense. At the discretion of the University Representative, the Contractor may transport to and unload wood chips at a University designated on-campus storage area.

1.0-5 PARKING REGULATIONS

A. The Contractor’s vehicles and vehicles of persons employed by the Contractor will be charged a fee for on-campus parking.

B. It is the Contractor’s responsibility to request an on-campus parking fee schedule and parking permits from the University’s Parking Office. Parking spaces are very limited and the University will not provide designated parking lot spaces near the construction site for the Contractor’s use. The fees range from $8.00 per day per vehicle to $800.00 per year per vehicle and shall be included in the contract price.

C. The University’s Parking Office is located at Whitmore Administration Building, 139 Presidents Drive, Amherst, MA and the telephone number is 413-577-7275.

UMAPP27-005 SR3 SPECIAL REQUIREMENTS

1.0-5 PARKING REGULATIONS (continued)

D. Vehicles which are not registered with the University’s Parking Office or which are not parked at a parking meter or in the unreserved Section of the Campus Center Garage are subject to a parking violation ticket and/or to being towed off-campus. The Contractor is cautioned that parking regulations are strictly enforced by University police. Any parking violations and related fees, regarding the Contractor’s vehicles and/or vehicles of persons employed by the Contractor, shall be the responsibility of the Contractor.

E. Vehicular traffic and parking on campus walkways, lawns, and gardens is prohibited, without exclusive authorization requested for each occurrence, by the Contractor, from the University Parking Office. Vehicles shall not be parked under trees nor within tree-branch coverage areas at any time.

F. Vehicles parked in unauthorized areas or parked illegally will be ticketed and towed at the Contractor’s expense.

1.0-6 UNIVERSITY PROPERTY AND SECURITY

A. The Contractor and employees thereof are prohibited from entering, using or occupying any area of any University building, except for authorized business. Toilet facilities will be designated by the University’s representative.

B. The Contractor shall confine contract limits of construction to actual work areas.

C. The Contractor shall confine contract-related equipment, materials, and operations to areas directed by the University and shall not unreasonably encumber the premises with such.

D. The Contractor is responsible for exercising all necessary care to avoid damage to University property.

E. The Contractor shall protect finished floors and other surfaces, including sills, jambs, and soffits of openings, used as passageways, in traffic areas of which equipment, materials, parts, and tools are handled, prior to moving said items.

F. The Contractor shall maintain finished surfaces, in the areas effected by the services, in a clean, unmarred condition until acceptance of the respective services by the University.

G. The Contractor shall secure the work area, materials, and equipment at the end of each work day and shall provide hardware and locks, if necessary.

H. The Contractor’s attention is called to the possible existence of concealed water, sewer, storm drain, steam, gas, electric, and/or telecommunications lines beneath any work areas, which may be affected by heavy equipment use, excavation, or any other operations.

I. Any damage occurring due to the services performed under the contract shall be repaired to the satisfaction of and at no expense to the University.

J. The University will neither accept nor assume responsibility for the security of the Contractor’s material or equipment which is lost, stolen, or vandalized. The Contractor is advised to exercise caution in placement and storage of equipment and materials.

1.0-7 SCHEDULING AND COORDINATION

A. All work shall be scheduled through Todd Cournoyer 413-362-9913. The work schedules and work to be performed shall require prior approval from Todd Cournoyer, or a designee thereof.

UMAPP27-005 SR4 SPECIAL REQUIREMENTS

1.0-7 SCHEDULING AND COORDINATION (continued)

B. All normal work schedules of the Contractor shall be between the hours of 7:00 a.m. and 6:00 p.m.

and the Contractor shall perform work during off-shift hours, Saturdays, Sundays, and holidays, if required by the University. All work shall be scheduled and performed in such a manner so as not to interfere with the work of other contractors or University operations.

C. Work requiring the presence of Physical Plant personnel during off-shift hours, Saturdays, Sundays, or holidays will not be permitted without written approval from the Director of Physical Plant, or a designee.

D. The services shall commence within five (5) working days of the date of receipt, by the Contractor, of a properly executed copy of the contract, unless otherwise agreed upon by the University and the Contractor, or as otherwise directed, in writing, by the University of Massachusetts’ Procurement Office. The work shall continue with regularity and as stated in this document, until completion.

E. The work is described in and by the following:

1. All paragraphs and specifications in PART TWO TECHNICAL SPECIFICATIONS;

2. All addenda which may have been or may be issued during the bidding period and which are made a part of the contract;

3. Applicable standard test and other codes as specified.

1.0-8 LIQUIDATED DAMAGES

A. Liquidated damages assessments will be based upon the completion date as agreed to, in writing, by both the University and the Contractor.

B. In case the work is not completed within the agreed upon time frame referenced in paragraph A above, the Contractor shall pay the University liquidated damages, which will be based upon the average daily revenue generated from the sale of goods and/or services relative to each revenue generating project site, on a per project basis, for each calendar day beyond the agreed upon completion date, as full compensation for the delay.

C. If the Contractor terminates his/her right to proceed with the contract, the resulting damage will consist of liquidated damages until incomplete work or services are completed and accepted.

D. The assessment of liquidated damages, or any portion thereof, may be waived if the University agrees that the work or services has not been completed within the allotted time frame, due to conditions beyond the Contractor’s control.

1.0-9 HEALTH & SAFETY

A. The Contractor shall comply with all Federal, State, and Local laws, ordinances, rules, orders, regulations, and codes, ensuring healthful and safe conditions, in the services required under the contract.

B. The Contractor shall be aware that the premises of the University contain permit-required confined spaces in which work may be required and that permit-required confined space entry is allowable only through compliance with a program that conforms to OSHA’s standards for confined spaces, under 29CFR1910.146.

C. The Contractor shall comply with and shall assume all responsibility in accordance with all Federal, State, and Local laws, ordinances, rules, orders, regulations, and codes, regarding transporting, handling, storage, removal, regulated, and/or unregulated materials required for the services under the contract and shall be responsible for all associated fees and/or charges.

D. The Contractor shall take all precautions for preventing injuries to persons and property on or about the work site.

UMAPP27-005 SR5 SPECIAL REQUIREMENTS

1.0-9

HEALTH & SAFETY (continued)

E. The Contractor shall immediately report all accidents, injuries, or health hazards to the University’s representative, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970.

F. The Contractor shall not permit smoking by employees in any building or on Campus.

G. The Contractor shall not allow the use of intoxicating beverages or non-prescription controlled substance drugs upon or about the work site.

H. The Contractor shall assume the defense of, indemnify, and save harmless all officers and employees of the University and all other University associated personnel and/or possessions from all claims, associated with the services required under the contract, relating to:

1. Labor performed or furnished;

2. Injuries to any person or corporation received or sustained by or from the Contractor, or any agents or employees thereof, in performing the required services;

3. Consequence of any improper materials, implements or labor used in performing the required services;

4. Any act, omission, or negligence of the Contractor, or any agents or employees thereof, in performing the required services.

I. Any Contractor intending to use a laser ray or beam device, in the services required under the contract, shall notify the University Representative at least two (2) working days prior to the intended date of use. Utilization of such a device shall meet the Commonwealth of Massachusetts Regulations, under 105 CMR 121.000, entitled RULES AND REGULATIONS RELATIVE TO THE USE OF LASER

SYSTEMS, DEVICES OR EQUIPMENT TO CONTROL THE HAZARD OF LASER RAYS OR BEAMS.

J. Any Contractor intending to use liquefied petroleum gas equipment on campus shall secure permits from the University of Massachusetts Division of Environmental Health & Safety (E.H.& S.) and the Local Fire Department for said equipment, prior to commencing use of such, in conformity with the Commonwealth of Massachusetts Fire Prevention Regulations on Liquefied Petroleum Gas and Containers, under 527 CMR 6 and NFPA Standard 58, Sections 3 and 4 (1992) on Liquefied Petroleum Gases. The Contractor shall provide at least one (1) operable and Underwriter’s Laboratories labeled, 20 BC rated, fire extinguisher at each liquefied petroleum gas work site.

K. Prior to performing any Hot Works, including cutting, welding, brazing, etc., the Contractor shall secure a permit from the University of Massachusetts Division of Environmental Health & Safety (E.H.& S.) at the Morrill Science Building, room N414. The Division of E.H.& S. can be reached at telephone number 413-545-2682.

L. Prior to using a torch or flame-producing device, the Contractor shall secure permits from the University of Massachusetts Division of Environmental Health and Safety (E.H.& S.) and the Local Fire Department and shall provide at least one (1) operable and Underwriter’s Laboratories labeled fire extinguisher, rated for the purpose, at each work site. At least (1) one employee of the Contractor shall remain on the site for one (1) hour after the use of the torch or flame producing device has ceased, to insure against the outbreak of fire. Such work shall be performed in accordance with the Commonwealth of Massachusetts Regulations, under 527 CMR 10.24.3.

M. Prior to entry for review or work, in any areas storing or using radioactive material, the Contractor shall submit a written request for clearance, to the University of Massachusetts Division of Environmental Health and Safety (E.H.& S.) and the University Representative. No work shall be performed in such areas until a “Radiation Area Job Permit” has been approved, signed, and issued to the Contractor, by an official of E.H.& S. Such areas have the appropriate signs and labels posted at each entrance.

UMAPP27-005 SR6 SPECIAL REQUIREMENTS

1.0-9 HEALTH & SAFETY (continued)

N. The Contractor shall provide and maintain in good serviceable condition at all times, warning signs and non-combustible barriers and forms and fire resistive tarps or plastic, each of which shall be approved by the University, shall be suitable for the purpose, and shall be installed adjacent to each work area, for complete enclosure and/or isolation of all excavations, wells, pits, manholes, shafts, overhead areas, etc., which are associated with the work under the contract. Barriers shall be a secure fence, guardrail, cover, or similar assembly designed and erected to provide protection for concrete, protection from the weather, and to prevent accidental through access. Barrier tape and/or sawhorses shall not be used as a means of such access protection.

O. All salamanders used for heating shall exhibit an approval tag issued by the Commonwealth of Massachusetts Fire Marshall’s Office. Any units not displaying said approval tag will be ordered off University premises forthwith.

P. The Contractor shall provide MATERIAL SAFETY DATA SHEETS for products required under the contract, to the Physical Plant EH&S Officer.

Q. The Contractor shall comply with the Commonwealth of Massachusetts Building Regulations, under 780 CMR 30, during the performance of any services under the contract.

R. In the event metal trash containers of six (6) cubic yards aggregate capacity or larger are to remain at any work site for more than one (1) work day, the Contractor shall secure a permit, for each location, from the Local Fire Department, in accordance with Commonwealth of Massachusetts Regulations, under 527 CMR 34.03.

S. The Contractor shall secure a permit from the Local Fire Department for storage of more than 2500 cubic feet gross volume of combustible and/or flammable materials within any building.

T. Any petroleum based products left unattended/stored on campus, must be reported to the University representative and the Physical Plant EH&S Officer.

U. Any petroleum based products left unattended/stored on campus must be stored in a spill/secondary containment.

V. Should the Director of Physical Plant or a designee deem that the Contractor is not abiding by the requirements of this Section or that a serious unsafe condition exists which threatens the health, lives, safety, or property of the University community, the Director of Physical Plant may order an immediate suspension of operations and said operations will not be allowed to resume until the appropriate corrective action has been taken and is approved by the Director of Physical Plant.

W. The Contractor’s failure to comply with any of the requirements of this Section shall be cause for immediate termination of the contract.

1.0-10 PROTECTION OF OVERHEAD & UNDERGROUND UTILITIES

A. Services may be required in areas where overhead electric, telecommunications, and cable television lines and/or equipment exist. The Contractor’s attention is called to the possible existence of concealed water, sewer, storm drain, steam, gas, electric, telecommunication lines, and/or equipment beneath any work areas, which may be affected by heavy equipment use, excavation, or any other operations. The Contractor shall protect all utility lines and/or equipment from damage.

B. Should damages occur to any utility lines and/or equipment during performance of services required under this document, the Contractor shall immediately contact the University representative and the appropriate utility department and shall be responsible for all damage claims resulting from such.

UMAPP27-005 SR7 SPECIAL REQUIREMENTS

1.0-10 PROTECTION OF OVERHEAD & UNDERGROUND UTILITIES (continued)

C. For the duration of each contract period, the Contractor shall be responsible for making arrangements with the appropriate utility department for removal of any limbs or branches, which conflict with overhead conductors and/or equipment and which may create a hazardous situation. If the Contractor has contacted the proper utility department in sufficient time to arrange for any services required of said utility department, costs associated with any delays encountered by the Contractor in waiting for the utility department to complete its work will not be the responsibility of the Contractor.

D. At least seventy-two (72) hours prior to commencing excavation at each project site, the Contractor shall first contact the DIG SAFE Office, at the University of Massachusetts Amherst, at telephone number 413-545-4903 or 413-835-5918, followed by contacting the DIG SAFE Office at Boston, Massachusetts, at telephone number 800-322-4844, to obtain a DIG SAFE permit number.

E. Interruptions of existing utility services will not be allowed.

F. Sanitary sewer, storm drainage and water changeovers, as affecting existing services, will be performed without disruptions of existing services and scheduling of the work shall be approved, in writing, by the University Representative, prior to commencing such.

G. All relocation of existing electrical, gas, telecommunications, sanitary sewer, steam, storm drainage and water services to remain, which are to be affected by any work under the contract, shall be performed by the utility company having ownership, except in the case of University owned utilities.

Any charges by the utility company for such work shall be the responsibility of the Contractor. All installation and relocation of University owned electrical, gas, telephone, sanitary sewer, steam, storm drainage and water services, which are damaged during performance of the work under the contract, shall be the responsibility of the Contractor. The coordination of all the above work is also a part of the contract.

H. The repair, replacement, and/or restoration of any existing utility lines interfered with by the Contractor, shall be completed in accordance with the Commonwealth of Massachusetts regulations and codes for each phase of the work, using experienced, competent labor and materials meeting specifications and current codes.

I. The Contractor shall locate and mark all existing utilities along the course of the work by such means as the University Representative shall approve and shall preserve such marked locations until the work has progressed to the point where the encountered utility is fully exposed and protected as required. It shall be the Contractor’s responsibility to notify the proper authorities and/or utility company before interfering therewith.

J. Existing utilities that are shown on the drawings or the location of which is made known to the contractor prior to excavation, though accuracy and information as to grades and elevations may be lacking, shall be protected from damage during the excavation and backfilling operations, and if damaged, shall be repaired by the Contractor at the Contractor’s expense. Materials below existing utilities which are removed or disturbed during excavation operations shall be carefully replaced during backfilling and thoroughly compacted to prevent future settlement and damage to the utility.

Utilities damaged due to the subsequent settlement of the backfill shall be repaired by, or at the expense of the Contractor.

K. All exposed conduits, wires, and/or cables shall be provided with sufficient support to prevent failure, fraying or damage due to backfilling or other construction operations. Supporting bridgework of two inch (2”) timber planking shall be placed under the cable and shall span the entire excavation or void and shall be removed when backfilling.

UMAPP27-005 SR8 SPECIAL REQUIREMENTS

1.0-11 GUARANTY AND WARRANTY

A. The Contractor guarantees that all work performed and all material and equipment furnished by the Contractor, is in accordance with the specifications and is free from defects in material and craftsmanship for a period of one (1) year from the date of receipt and acceptance by the University.

B. The Contractor shall provide only new and good quality materials and warrant that the Firm has full title to all Contractor provided materials, supplies, and equipment used in the work under the contract.

C. All Contractor provided parts, materials, and/or equipment shall meet the University’s satisfaction and shall follow the requirements of Section 1.0-22, OR EQUAL UNDERSTANDING, of this GENERAL CONDITIONS Section.

D. The Contractor shall reimburse the University for all expenses, losses and/or damages incurred as a consequence of any defect, omission, negligence, or error regarding any work performed and/or any material provided by the Contractor or Subcontractor, or any agents or employees thereof.

1.0-12 INSURANCE REQUIREMENTS

A. Prior to contract award, the Contractor shall provide a certificate of insurance showing that the Firm maintains without deductibility, Contractor’s Public Liability and Property Insurance and Contractor’s Protective Public Liability and Protective Property Damage Liability Insurance in not less than the following amounts:

Bodily Injury Property Damage Each Person Each Accident Each Accident Aggregate $500,000 $1,000,000 $500,000 $500,000

B. Prior to contract award, the Contractor shall provide a certificate of insurance showing coverage for Worker’s Compensation in accordance with the provisions of Massachusetts General Laws, Chapter 438, Acts of 1938.

C. Prior to contract award, the Contractor shall provide a certificate of insurance showing motor vehicle insurance coverage, for each vehicle, meeting the compulsory limits required by the Commonwealth of Massachusetts.

1.0-13 BID DEPOSIT/ BID SECURITY

A. Each Bidder shall submit, with the bid, a Bid Deposit of five percent (5%) of the anticipated annual volume of business of $85,000.00. The bid deposit shall be in the form of a bid bond, a treasurer’s, cashiers, or certified check, payable to the University of Massachusetts. Said Bid Deposit will be refunded upon award of the contract.

1.0-14 PAYMENT BOND

A. Upon execution of a contract, the Successful Bidder shall furnish a 50% Payment Bond.

B. Said Bond shall be made payable to the University of Massachusetts and shall be of a Surety Company qualified to do business under the laws of the Commonwealth of Massachusetts.

C. The premium for the said Bond shall be paid by the Contractor and shall be included in the contract price, entered into the bid response section, of this document.

UMAPP27-005 SR9 SPECIAL REQUIREMENTS

1.0-15 WAGE REQUIREMENTS

A. The Contractor shall pay the prescribed wage rates in accordance with the provisions of Massachusetts General Laws, Chapter 149, Sections 26 and 27 and with the MINIMUM WAGE RATES schedule, issued by the Commonwealth of Massachusetts Department of Labor and Workforce Development, which are attached to and made a part of this document.

B. In the event of conflicts between the schedules for any trade labor classification, the greater amount for the trade labor classification shall prevail as the minimum wage rate.

C. If the Contractor, during the progress of the work, requires a minimum wage rate for some additional trade labor classification, a written request for such shall be presented to the University. The University will obtain the additional trade labor classification and corresponding minimum wage rate from the Commonwealth of Massachusetts Department of Labor and Workforce Development and advise the Contractor of the same. Said additional trade labor classification and minimum wage rate shall be considered a part of the contract and the Contractor shall have no claim for additional compensation because of the additional trade labor classification and minimum wage rate.

1.0-16 FOREIGN CORPORATIONS

A. The Contractor shall comply with the requirements of Massachusetts General Laws, Chapter 181, SECTIONS 3 and 5, if the bidding contractor is a corporation foreign to the Commonwealth of Massachusetts.

1.0-17 REHABILITATION COMPLIANCE

A. In accordance with Section 504 of the Rehabilitation Act of 1973 and the implementing regulations of that Federal Act (45 CFR 84), the University of Massachusetts at Amherst does not discriminate on the basis of handicap, in admission or access to, or treatment of employment in, the programs and activities which the University operates. Inquiries concerning the regulations stated in said Federal Act should be directed to the Chancellor’s Office, at Whitmore Administration Building, at telephone number 413-545-2204.

1.0-18 CONTRACT TERMINATION

A. The University may terminate the contract if the Contractor fails to fulfill the required obligations or fails to comply with the contract provisions by giving written notice to the Contractor at least thirty

(30) calendar days prior to the effective date of termination stated in the notice. The notice shall state the circumstances of the alleged breach and may state a period during which the alleged breach may be cured, which cure shall be subject to the University’s approval.

B. The University reserves the right to cancel a project with a seven (7) day notice.

C. The University retains the right to terminate the contract for convenience by notifying the Contractor of its intentions in writing at least thirty (30) days prior to the contract termination date. The Contractor has no right to terminate the contract for convenience.

D. The Contractor may terminate the contract at the end of the contract period by providing ninety (90) days written notice. The notice shall state the circumstances leading to contract termination.

E. The University of Massachusetts reserves the right to terminate the contract due to lack of or reduction in financial appropriations that fund the contract.

F. In the event of contract termination, all finished or unfinished documents, data, studies, and reports prepared by the Contractor, pursuant to the contract, shall become the property of the University.

UMAPP27-005 SR10 SPECIAL REQUIREMENTS

1.0-19 CONTRACT PERIOD

A. The contract shall be for a period beginning on or about December 1, 2026, and continue through November 30, 2027, with the option to renew the contract for two additional one-year periods as of December 1, 2027. The contract shall not extend beyond midnight of November 30, 2029.

B. If the anticipated annual volume of business ($85,000.00) is met prior to the contract period end date, this contract will be closed and rebid under appropriate statute.

C. Either party may discontinue renewal of the contract by notifying the other party of their intentions, in writing, at least ninety (90) days prior to the renewal date.

D. The contract is subject to a price adjustment on the renewal date by a percentage figure not to exceed the lower of the percentage rate of increase in the National Consumer Price Index for Urban Consumers (CPI-U), under the expenditure category for all items, over the previous twelve month period or the “not to exceed” percentage figure entered by the bidder, under RENEWAL OPTION in the BID RESPONSE SECTION of this document. Such percentage rate of increase figure shall be applied to the hourly rates entered under BID PRICE in the BID RESPONSE SECTION of this document.

1.0-20 SUBCONTRACT WORK

A. The Contractor shall not subcontract any portion of the work under the contract unless approved, in writing, by the Director of Physical Plant, or a designee.

B. The Subcontractor shall be bound to the terms and…