Town of New Gloucester INVITATION TO BID Timber For Sale by Bid. Project Details

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1 Town of New Gloucester INVITATION TO BID Timber For Sale by Bid To: Stumpage Buyers From: Town of New Gloucester The Town of New Gloucester is requesting bids for timber to be harvested using whole tree timber harvesting equipment from a lot on Lewiston Road. Bids must be submitted on a per MBF and per Ton basis on the attached bid form in a sealed envelope clearly marked on the exterior, "Timber Harvest Bid," to the Town Manager by 6:00 pm., Monday October 17, There is no guarantee of volume or quality and each bidder must make his/her own best estimate of the volumes marked. The Board of Selectmen will open and read the bids at 7:00 pm., Monday October 17, 2016 at the New Gloucester Meetinghouse. The Town reserves the right to accept or reject any or all bids. The successful bidder will be required to post a bond or make a deposit to the Town of New Gloucester in the amount of $1, prior to beginning any operations. The bond shall be released or deposit returned to the purchaser upon successful completion of the sale and full compliance with the terms of agreement. Project Details Lot Lot is located at 611 Lewiston Road Tax Map 7, Lot 14 Entire Parcel is +/- 25 Acres Partially developed with New Gloucester Fire Rescue Building Timber Sale All timber has been marked by a licensed forester. Only marked timber shall be cut and removed. All marked timber will be removed. All stems will be utilized to their highest and best use to the Town of New Gloucester s benefit. Stump heights will be less than 1 foot in height and all brush loped or run over and be less than 2 feet from the ground. Damaged trees as a result of the harvesting activities will be assessed by the forester prior to being removed. All litter resulting from the logging operation shall be removed immediately. All unmerchantable stems and slash will be removed from the yard or pushed back into the woods. Maine Forest Service Best Management Practices will be utilized and all applicable state and local laws obeyed. No logging will be allowed when ground conditions are soft and rutting possibility exists. Successful bidder will be required to list the Town of New Gloucester as a certificate holder on the bidder s insurance policy. Purchaser will be required to sign a timber sale agreement with the Town of New Gloucester (copy available at request). Access from Lewiston Road / Public Safety Yard Lot is to be accessed via the public safety entrance from Lewiston Road. This is a shared access with fire rescue apparatus. Right of way must always be given to those vehicles. At no time will loading / unloading be permitted in the parking lot of the public safety building. 1 of 11

2 Wood yard and access road Location of contractor's working wood yard and access road will be marked by owner's representative prior to bid. The access road to the wood yard is contractor s responsibility and shall be no cost to the Town of New Gloucester. Schedule Harvesting may begin after contract has been executed by both parties. Work must be complete by January 31, 2017 Mandatory Site Visit prior to Bid A site visit is mandatory and can be scheduled by calling the Town Manager at (207) , ext. 5. Mandatory meeting with Town prior to Harvest A pre-harvest meeting with Town representatives will be required to cover items such as lot access, safety, schedule, etc. Timber at North End and East Side of Lot There is timber at the north end of the lot near Birchwood Acres Road and along the east property line behind the fire rescue station. A second wood yard is permissible in the station lay-down area, designated by the town. This yard area is to be kept at a minimum size and is to be brought back to its current condition when harvest is complete. This may require coming back in the spring for final close out. Basis of Award The contract award will be based on the total of the bid using our estimated quantities. The quantities are estimates only and the town is not responsible if there is variance from the estimate and the actual quantity harvested. 2 of 11

3 Bid Form Name of Contractor: Address of Contractor: Name of Representative: Telephone Number: Address: Please provide quotes for all items outlined below. White Pine No 1 Long: per MBF White Pine No 1 Short: per MBF White Pine No 2 Long: per MBF White Pine No 2 Short: per MBF White Pine Select: per MBF White Pine No 3 (Pallet): per MBF Hemlock Mat Logs: per MBF Spruce/Fir Logs: per MBF Red Oak Veneer VA: per MBF Red Oak Veneer VB: per MBF Red Oak Veneer VC: per MBF Red Oak Sawlogs Prime: per MBF Red Oak Sawlogs Select: per MBF Red Oak Sawlogs No. 1: per MBF Red Oak Sawlogs Pallet: per MBF Yellow Birch Select: per MBF 3 of 11

4 Yellow Birch Prime: per MBF Hardwood Pallet: per MBF Hardwood Mat logs: per MBF Ash Prime: per MBF Ash #1: per MBF Ash #2: per MBF Soft Maple Prime: per MBF Soft Maple No 1: per MBF Soft Maple No 2: per MBF Poplar: per MBF White Birch Veneer: per MBF White Birch Boltwood: per MBF Rock Maple Sawlogs: per MBF Rock Maple Sawlogs No 1: per MBF Hardwood Pallet Maple: per MBF Firewood: per Cord Softwood Pulp: Per Ton Hardwood Pulp: Per Ton Biomass: Per Ton I have reviewed the proposed contract: I understand the schedule: (Initial) (Initial) 4 of 11

5 Town of New Gloucester Contract for Sale of Standing Timber This contract entered into this day of, 20, between the Town of New Gloucester, hereinafter called the Seller, and of, (Purchaser) (Post Office), hereinafter called the Purchaser. (State) Article I; Article II; A. The seller(s) agrees to sell to the purchaser, upon the terms and conditions hereinafter stated, all the merchantable timber which has been marked with blue paint or otherwise designated by the seller(s) or his/her agent on a parcel of town owned land (New Gloucester Tax Map 7, Lot 14), in New Gloucester, county of Cumberland, State of Maine. B. That the seller is the legal holder of said tract of land and has full power and perfect right to dispose of the wood products thereon in a manner specified herein, and to grant the license and permission in the manner and for stumpage specified herein. C. The seller hereby grants permission to the purchaser to enter the above described tract to cut and remove there from marked stumpage as included in the terms of this agreement D. The seller further warrants that said marked stumpage is within the boundaries of the seller s land; and the seller agrees to indemnify and hold harmless the purchaser from all damages that may be incurred as a result of incorrect boundary designation as herein warranted by the seller. E. The Seller shall not be liable for fire losses or accidents which may occur in connection with the execution of the work by the purchaser or his employees. F. The seller agrees that no concurrent contract involving same area or time period will be entered into by the seller without written consent of the purchaser. G. The seller agrees to accept the scale and use designation of the mill buying or utilizing the sawlogs, veneer logs, boltwood, or pulpwood from the purchaser; and the seller agrees to accept the truck scale of the purchaser for firewood. A. The purchaser agrees that he has inspected the sale area to his satisfaction prior to signing this agreement. 5 of 11

6 B. The purchaser agrees to pay the seller at the stumpage rates indicated below: White Pine No 1 Long: per MBF White Pine No 1 Short: per MBF White Pine No 2 Long: per MBF White Pine No 2 Short: per MBF White Pine Select: per MBF White Pine No 3 (Pallet): per MBF Hemlock Mat Logs: per MBF Spruce/Fir Logs: per MBF Red Oak Veneer VA: per MBF Red Oak Veneer VB: per MBF Red Oak Veneer VC: per MBF Red Oak Sawlogs Prime: per MBF Red Oak Sawlogs Select: per MBF Red Oak Sawlogs No. 1: per MBF Red Oak Sawlogs Pallet: per MBF Yellow Birch Select: per MBF Yellow Birch Prime: per MBF Hardwood Pallet: per MBF Hardwood Mat logs: per MBF Ash Prime: per MBF Ash #1: per MBF Ash #2: per MBF Soft Maple Prime: per MBF Soft Maple No 1: per MBF 6 of 11

7 Soft Maple No 2: per MBF Poplar: per MBF White Birch Veneer: per MBF White Birch Boltwood: per MBF Rock Maple Sawlogs: per MBF Rock Maple Sawlogs No 1: per MBF Hardwood Pallet Maple: per MBF Firewood: per Cord Softwood Pulp: Per Ton Hardwood Pulp: Per Ton Biomass: Per Ton C. The Purchaser agrees to submit to the Seller a performance bond or deposit in the amount of $1,000 within 10 days of signing this agreement or prior to moving equipment onto the property, whichever comes first. This will be held until the logging operation has been satisfactorily completed within the bounds specified in this contract, as judged by the Seller. The check will be drafted to the Town of New Gloucester. If necessary, part of or this entire bond will be used to pay for repair or site damages caused by the harvesting operation. D. The purchaser agrees to make payment to the seller within two weeks of the date forest products are trucked from the premises from which it was harvested. Purchaser agrees to provide copies of all mill slips and trip tickets with payment. E. The purchaser shall not assign, transfer or convey, sublet or otherwise dispose of this agreement or any of its contents or its rights, title or interest therein, or power to execute such contract to any other person, company or corporation without the previous consent in writing of the seller. F. The purchaser agrees that work may commence upon the signing of this agreement, and the approval by the seller of the location of operational. However, the work shall not commence before and shall be completed no later than January 31, 2017 on which date the onsite equipment and timber, cut and standing, shall become the property of the seller. Entry onto these premises after this date or extension of the completion date shall be at the discretion of the seller and by written permission only. 7 of 11

8 G. The purchaser agrees the operation must be carried out in a manner satisfactory to the seller and can be suspended or terminated if, in the opinion of the seller, the conditions of the agreement have been violated. When, in the opinion of the seller, ground conditions become such that unacceptable damage may occur to the area in the course of harvesting activities, the right is reserved to suspend said operations until favorable conditions prevail. The right is also reserved to suspend any operation during dry periods to reduce fire hazard. To compensate for time lost the completion date of the operation may be extended. H. The purchaser agrees that this agreement may be terminated by the seller if the purchaser fails to conform to the requirements of this agreement. Upon termination of this contract, all remaining cut and uncut timber or logs shall remain the property of the seller. The purchaser will be held liable for all penalties and claims against him as assessed by the seller or seller s designated agent. In completing said work the purchaser accepts all responsibility for compliance with the terms of this agreement by all persons acting as his employee, contractor or seller. I. The purchaser agrees the lot is to be accessed via the public safety entrance from Lewiston Road. This is a shared access with fire rescue apparatus. Right of way must always be given to those vehicles. At no time will loading/unloading be permitted in the parking lot of the public safety building. J. The purchaser agrees that after the signing of this agreement but prior to the commencement of work he shall: a. Meet onsite in the company of his loggers or other sub-contractors, with the seller to discuss the specifics of the logging operation and seasonal road lay-out. b. Deliver to the seller the appropriate certificates of insurance with the seller listed as additionally insured on the certificates. K. The purchaser agree that they will carry the following insurances for the life of this agreement: General Liability General Aggregate $1 Million Products - Comp/Ag $1 Million Each Occurrence $1 Million Personal & Adv Injury $1 Million Automobile Liability Combined Single Limit $1 Million Worker's Compensation Statutory Limits Each Accident $100,000 Disease-Policy Limit $500,000 Disease-Each Employee $100,000 Each Occurrence $1 Million Proprietors and Partners must be included in the Worker's Comp. coverage. Executive Officers may be excluded. L. The purchaser agrees to indemnify and save harmless the seller and seller s designated agent from any liability and from all costs and expense of any kind to which they might put by reasons of any injury or death to persons arising out of this agreement of the timber cutting on the seller s property. M. The purchaser agrees that the seller and purchaser are independent contractors and there is no other relationship between them. 8 of 11

9 N. Purchaser and any other contractor acting under contract with the purchaser who enters upon the premises, shall carry public liability, bodily injury and property damage insurance and automobile liability while operating on sellers property in amounts adequate to protect sellers against claims; and purchaser and any such contractor hereby agrees to indemnify and hold harmless the sellers against any such claims. O. Purchaser and any contractor acting under contract with the purchaser who enters the premises, shall carry worker s compensation insurances under any applicable workmen s compensation act for all persons who enters upon the premises pursuant to this agreement; and purchaser and any such contractor hereby agrees to indemnify and hold harmless the seller against claims for personal injury or death, which may arise from the operations under this agreement. Purchaser will not hire any employees to assist in the wood harvesting operation without first providing the required certificate of insurance to the seller. P. The purchaser agrees that the following specific practices shall be complied with. Deviations will be considered violations of these terms and conditions unless approved in advance by seller. 1. All local, state and federal laws shall be complied with. 2. Timber to be cut has been marked with blue paint and all painted trees shall be removed. Only blue painted trees are to be removed. 3. Residual trees and regeneration shall be protected against unnecessary damage during logging. 4. All harvested trees shall be utilized to their smallest top diameter for commercial products. 5. Stump heights will be cut at the top of the root swell except in special cases. 6. Trash will be collected daily and disposed of off the seller s property. 7. To leave all woods, roads and streams clear of tops, logs and brush and other obstructions, and to reduce to acceptable dimensions all tops and other logging residue. 8. To utilize State of Maine Best Management Practices both during and after the logging operations is complete. 9. That during the harvesting of the timber, the purchaser shall follow the instructions of the seller s representative as to the protection of the residual forest. 10. The purchaser shall either remove or leave on the ground all trees which are broken, damaged or leaning as a result of the purchaser s activities in the building of roads, yards and cutting of designated timber. In witness whereof, the parties hereto have set their hands and seals, this day of, 20. WITNESSES: (For the Purchaser) (Purchaser) (For the Seller) (Seller) 9 of 11

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