Elm Tree Treatment and Care Located at Various Locations Throughout Falmouth, 2026

TOWN OF FALMOUTH, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR SERVICES
FOR
ELM TREE TREATMENT AND CARE
LOCATED AT
VARIOUS LOCATIONS THROUGHOUT FALMOUTH
2026
DIRECTOR OF PUBLIC WORKS
Peter M. McConarty, P.E., P.L.S.
PARKS SUPERINTENDENT
Jeremiah Pearson
Parks Department 416 Gifford Street Falmouth, MA 02540
Phone: (508) 457-2543 FAX: (508) 548-1537

TABLE OF CONTENTS
SECTION PAGE
SECTION I - NOTICE TO SERVICE PROVIDERS.............................................................................1
SECTION II - INFORMATION TO SERVICE PROVIDERS / GENERAL CONDITIONS............2
SECTION III - SCOPE OF WORK..........................................................................................................9
SECTION IV - QUOTATION SUBMISSION REQUIREMENTS.......................................................9
SECTION V - QUOTATION EVALUATION......................................................................................11
SECTION VI - QUOTATION FORM....................................................................................................12
SECTION VII - REFERENCES.............................................................................................................15
SECTION VIII - CERTIFICATE OF VOTE........................................................................................16
SECTION IX - NON-COLLUSIVE RESOLUTION............................................................................17
SECTION X - STATE TAXES CERTIFICATE CLAUSE..................................................................18
SECTION XI - BANKRUPTCY STATEMENT....................................................................................19
SECTION XII - WAGE RATES.............................................................................................................20
SECTION XIII - AGREEMENT.............................................................................................................21

SECTION I - NOTICE TO SERVICE PROVIDERS
The Town of Falmouth, Department of Public Works, will accept quotes for:
Elm Tree Treatment and Care Located at Various Locations Throughout
Falmouth, 2026
Quotes will be received in the Office of the Parks Superintendent, Falmouth Public Works, 416
Gifford Street, Falmouth, MA 02540 on or before the following time and date: 2:00 p.m. on
Wednesday, July 22, 2026 at which time and place the Quotes will be opened and reviewed.
Service Providers may not withdraw their quotes for a period of 120 calendar days, after the actual
date of the opening of the quotes.
The successful Service Provider must furnish a 100 percent (100%) Performance Bond with a
surety company licensed to do business in the Commonwealth of Massachusetts.
Wage rates for this Project are subject to the minimum wage rates as per M.G.L. Chapter 149,
Section 26 to 27D inclusive.
The request for services quote and award of this Contract will be under the provisions of M.G.L.
Chapter 30B.
This Services Proposal shall have a time period of one year with an option to renew for an
additional two one-year extensions.
The Town reserves the right to waive any informality in or reject any and all quotes, or to accept the
quote deemed to be in the best interest of the Town of Falmouth.
Quotes are welcome from minority and female businesses.
The successful Service Provider will execute the Agreement at Section XIII of this Request for
Services. Minor amendments that do not impact the overall value of the Agreement may be
negotiated.
DEPARTMENT OF PUBLIC WORKS
Peter M. McConarty
Director of Public Works
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SECTION II - INFORMATION TO SERVICE PROVIDERS / GENERAL CONDITIONS
1. Attention of all Service Providers is directed to Massachusetts General Laws and to all other
applicable sections of the General Laws as most recently amended which govern the award
of this Contract.
2. The Service Provider shall submit his Quotation upon forms furnished within this contract
document.
3. All Quotations shall be signed correctly in ink by the individual or in case of a firm,
partnership, or corporation, it shall be signed by a person having a legal authority from said
firm, partnership, or corporation.
4. All Quotations shall be submitted to the Town of Falmouth, MA at the office of Department
of Public Works, 416 Gifford Street, Falmouth, MA 02540 on or before the date stated in
the Notice to Service Providers.
5. Quotations forms shall be completely filled in. Quotations which are incomplete,
conditional, or obscure, or which contain additions not called for will be rejected. Use the
pages of this Document when submitting Quotations and submit Agreement Document
intact. All Quotations along with the qualifying statements shall be considered firm prices
for the period of the Quotation as submitted by the Service Provider. No award will be made
to any Service Provider who cannot satisfy the Town of Falmouth that he has sufficient
ability and experience in this class of work and sufficient capital and plant to enable him to
prosecute and complete the work successfully within the time named. The Owner's decision
or judgment on these matters will be final, conclusive, and binding.
6. The Town may make such investigations as it deems necessary to determine the ability of
the Service Provider to perform the work, and the Service Provider shall furnish to the Town
all such information and data for this purpose as the Town may request. The Town reserves
the right to reject any Quotation if the evidence submitted by, or investigation of, such
Service Provider fails to satisfy the Town, that such Service Provider is properly qualified to
carry out the obligations of the Agreement and to complete the work contemplated therein
within the time period set forth in the Invitation to Quotation documents.
7. All applicable Federal, State and Local Laws, ordinance and rules, regulations (including but
not limited to any laws, ordinances or regulations relating to the Town of Falmouth or any
authorities shall be binding upon the Proposer throughout the pendency of this Contract.
The Service Provider shall be responsible for compliance with any such law, ordinance rule,
or regulation, and shall hold the Town harmless and indemnify same in the event of non-
compliance during the pendency of this Contract.
8. Certificate of Insurance acceptable to the Town shall be filed with the Town prior to
execution of any contractual Agreement. These Certificates shall contain a provision that
coverage afforded under the policies will not be reduced or canceled unless at least thirty
(30) days prior written notice has been given to the Town. The Town of Falmouth shall be
named as additional insured.
The Service Provider shall procure and maintain, at the Service Providers own expense,
during the Contract time, liability insurance as herein-after specified:
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Service Provider's General Public Liability and Property Damage Insurance including
vehicle coverage issued to the Service Provider and protecting the Service Provider from all
claims for personal injury, including death, and all claims for destruction of or damage to
property arising out of or in connection with any operations under this Agreement. Insurance
shall be written with a limit of General Liability of not less than $1,000,000 for all damages
arising out of bodily injury including death, at any time resulting there-from, sustained by
any one person in any accident; and a limit of liability of not less than $3,000,000 aggregate
for any such damages sustained by two or more persons in any one accident.
9. The Service Provider shall procure and maintain, at the Service Provider's own expense,
during the duration of the Agreement, in accordance with the provisions of the Laws of the
Commonwealth of Massachusetts, G. L. Chapter 149, Section 34A, Workman's
Compensation Insurance, including occupational disease provisions, for all the Service
Provider's employees, and in case any work is sublet, the Service Provider shall require such
sub-service provider similarly to provide Workman's Compensation Insurance, including
occupational disease provision for all of the latter's employees unless such employees are
covered by the protection offered by the Service Provider. In case any class of employees
engaged in hazardous work under this Agreement is not protected under the Workman's
Compensation Law, the Service Provider shall provide and shall use each sub-service
provider to provide adequate and suitable insurance for the protection of its employee not
otherwise protected.
10.A Performance and Payment Bond in the amount of One Hundred (100%) percent of the
annual contract price will be required for the faithful performance of the Contract. The
Service Provider shall obtain and submit the bonds within ten (10) days after notification of
the Quotation award. The successful Service Provider's Quotation Bond shall not be
released until such time the Performance and Payment Bonds have been posted. Within
seven (7) working days of receipt of acceptable Performance and Payment Bond and
Agreement signed by the party to whom the Agreement was awarded, the Town shall sign
the Agreement and return to such party an executed duplicate of the Agreement.
11.At the time of the Quotation deadline, each Service Provider will be presumed to have read
and to be thoroughly familiar with the Contract Documents (including all addendum). The
failure or omission of any Service Provider to examine any form, instrument or document
shall in no way relieve the Service Provider from any obligation with respect to his
Quotation.
Each Service Provider shall acknowledge receipt of any and all the addendum issued by the
Town of Falmouth indicating such receipt on the Quotation Form. Failure to do so shall be
cause to reject the Quotation as being non-responsive.
12.Each Service Provider must sign and submit the "Non-Collusive Resolution", and a "State
Tax Certification Clause" with the Quotation Form.
13.As per regulations, the Service Provider shall give first priority to utilizing resources in the
area (Town of Falmouth).
14.The Service Provider shall comply with any and all requirements set out in the following:
a. Notice to Service Providers
b. Information to Service Providers/General Requirements
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c. Scope of Services
d. Quotation Requirements
e. Quotation Submission Requirements
f. Written Quotation / Price Form
g. References
h. The Service Provider must provide all necessary equipment to perform the required
work in the time allowed as per the terms of this Quotation. The Service Provider
shall furnish and pay the cost of all the necessary materials and furnish and pay for
all superintendence, labor, tools equipment and transportation and perform all work
required for and the restoration of the property in strict accordance with this
Contract, and any amendments thereto and such supplemental plans and
Specifications which may hereafter be approved.
15.The actual performance of work and superintendence shall be performed by the Service
Provider, but the Town shall, at all times, have access to the premises for the purpose of
observing or inspecting the work performed by the Service Provider. Town's approval to
allow the Service Provider to assign, sub-contract or sublet any portion or all of this work
shall not diminish or reduce Service Provider's responsibility to perform under this Contract.
Service Provider shall have full responsibility for all sub-service providers or assignments
under this Contract.
16.In the event the Town is dissatisfied with the progress or performance of the Work in
accordance with the Standard of Work or time of completion set forth in the Agreement, the
Town shall give the Service Provider or his representative written notice in which the Town
shall state the cause of dissatisfaction; provided however, no written notice or opportunity
for remedy shall be provided, if Town finds at any time that the Service Provider is violating
any major operating conditions established by Occupational Safety and Health
Administration (OSHA). Should the Service Provider fail to remedy the matters complained
of within one (1) day after the written notice is received by the Service Provider or his
representatives, the Service Provider shall be deemed in default of this Agreement and shall
be paid only for such work as has been completed prior to default. In this case, the Town
shall be entitled to automatically terminate the Contract without notice if afore-said
circumstances occur.
17.In any case, where there is a matter of opinion concerning any portion of the Specifications,
work methods, work to be accomplished or any other matter concerning this Contract, the
final decision shall be that of the Town.
18.The Service Provider shall indemnify and save harmless the Town and the Town's agents
and employees from and against all losses and all claims, demands, payments suits, actions
recoveries, and judgments of every nature and description brought or recovered against them
by reason of any act or omission of the said Service Provider, its agent, or employees, in the
execution of the work or in guarding the same.
19.Service Provider shall not allow any other business interest or operation to interfere with or
diminish his ability to perform services required under this Contract with maximum
efficiency.
20.Once the Service Provider has submitted his Quotation, and said Quotation is properly
received by the Town for consideration and comparison with other Quotations similarly
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submitted, the Service Provider agrees that he may not and will not withdraw it for a period
of ninety (90) consecutive calendar days after the actual date of the Quotation submission.
21.Where applicable, all Quotation prices shall include the cost of mobilization of equipment
within the boundaries of the Town of Falmouth and no extra payment will be made for such
mobilization or movement of equipment from site to site.
22.The Town may waive any formalities or minor defects or reject any and all Quotations. Any
Quotation may be withdrawn prior to the above scheduled time for opening of Quotations or
authorized postponement thereof. Any Quotation received after the time and date specified
shall not be considered. Should there be reasons why the Contract cannot be awarded within
the specified period, the time may be extended by mutual agreement between the Town and
the Service Provider.
23.Compliance with Laws. The Service Provider shall keep himself fully informed of all
existing and future Federal, State, and Local Laws, ordinances, rules, and regulations
affecting those engaged or employed on the Work, the materials and equipment used in the
Work or the conduct of the Work, and of all orders, decrees and other requirements of
bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or
inconsistency is discovered in the Drawings, Specifications, or other Contract Documents in
relation to any such law, ordinance, rule, regulation, order, decree or other requirement, the
Service Provider shall forthwith report to the Administrator in writing. The Service Provider
shall at all times observe and comply with, and cause all his agents, servants and employees
to observe and comply with all such existing and future laws, ordinances, rules, regulations,
orders, decrees and other requirements and he shall protect, indemnify and save harmless the
Owners, its officers, agents, servants and employees from and against any and all claims,
demands, suits, liabilities, judgments, penalties, losses, damages, costs and expenses,
including attorney's fee, arising from or based upon any violation or claimed violation of any
such law, ordinance, rule, regulation, order, decree or other requirements, whether
committed by the Service Provider or any of his agents, servants, or employees.
24.Provisions Required by Law Deemed Inserted. Each and every provision of Law and clause
required by Law to be inserted in the Contract shall be deemed to be inserted herein, and the
Contract shall be read and enforced as though they were included herein. If through mistake
or otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, the Contract shall forthwith be physically amended to make such
insertion.
1. Method of Payment to Service Provider: The Town, so long as the Service Provider
continues to carry on the work, shall make monthly payments therefore as follows: Each
month the Service Provider shall submit an invoice to the Town. The Service Provider
invoice shall use the Contract Year Price Schedule task, number of acres/sites completed
and the unit price for each completed task to calculate the monthly invoice amount. The
Parks Superintendent shall confirm the task(s) completed, the number of acres/sites for each
completed task included on the Service Provider's invoice. Thirty (30) days after the
satisfactory completion of the Work as determined by the Parks Superintendent the Town
shall pay the Service Provider the invoiced amount for each completed task. At the end of
the Contract period, the Town shall pay the Service Provider the final amount due and
remaining to be paid under this Contract, deducting from said amount and keeping for its
own, any expense incurred by the Town on account of defects, omissions, or mistakes of the
Service Provider in his Work.
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Provided, however, that no final payment shall be made until all liens and claims against the
Town and its officers, due to the work, are satisfied.
25.A contact person must be designated by the Service Provider upon award of the Contract
who will be accessible on a twenty-four-hour per day basis.
26.Guarantee
The Service Provider guarantees that the Work and Services to be performed under the
Contract, and all workmanship, materials, and equipment performed, furnished, used, or
installed of the same shall be free from defects and flaws, and shall be performed and
furnished in strict accordance with the Contract documents, that the strength of all parts of
all manufactured equipment shall be adequate and as specified and that the performance test
requirements of the Contract shall be fulfilled. This guarantee shall be for a period of one
year from and after the date of completion and acceptance of the Work as stated in the final
estimate. If part of the Work is accepted in accordance with that sub-section of this
AGREEMENT titled "Partial Acceptance", the guarantee for that part of the Work shall be
for a period of one (1) year from the date fixed for such acceptance.
If at any time within the said period of guarantee any part of the Work requires repairing,
correction, or replacement, the Owner may notify the Service Provider in writing to make
the required repairs, correction, or replacements. If the Service Provider neglects to
commence making such repairs, corrections, or replacements to the satisfaction of the
Owner within ten (10) days from the date of receipt of such notice or having commenced
fails to prosecute such Work with diligence, the Owner may employ other persons to make
said repairs, correction, or replacements, including compensation for additional professional
services, shall be paid by the Service Provider.
27.Boycott
The Service Provider shall not participate in or cooperate with an international boycott, as
defined in Section 999 (b) (3) and (4) of the Internal Revenue Code of 1954, as amended, or
engage in conduct declared to be unlawful by Section 2 of Chapter 151E of the
Massachusetts General Laws.
28.Safety and Health Regulations
This project is subject to the Safety and Health regulations of the U.S. Department of Labor
set forth in 29 CFR, Part 1926, and to the Massachusetts Department of Labor and
Industries, Division of Industrial Safety "Rules and Regulations for the Prevention of
Accidents in Construction Operations" (Chapter 454 CMR 10.00 et seq.). Service Providers
shall be familiar with the requirements of these regulations.
The Successful Service Provider shall comply with the Department of Labor Safety and
Health Regulations for Construction promulgated under the Occupational Safety and Health
Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety
Standards Act (PL-91-54).
The Successful Service Provider shall have a competent person or persons, as required under
the Occupational Safety Health Act on the Site to inspect the Work and to supervise the
conformance of the Work with the regulations of the Act.
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29.Laws and Regulations
Applicable provisions of Massachusetts General Laws and Regulations and/or the United
States Code and Code of Federal Regulations Govern this Contract and any provision
violation of the foregoing shall be deemed null, void and of no effect. Where conflict
between Code of Federal Regulations and State Laws and Regulations exist, the more
stringent requirement shall apply.
30.Examination of Sites
Before submitting a Quotation, each Service Provider must examine the Contract
Documents thoroughly, become familiar with the Town of Falmouth and become familiar
with local conditions that may in any manner affect cost, progress or performance of the
Contract and become familiar with Federal, State, and local laws, ordinances, rules, and
regulations that may in any manner affect cost, progress, or performance of the Work.
On request, the Owner will provide each Service Provider access to the sites to conduct such
investigations as each Service Provider deems necessary for the submission of a Quotation.
31.The submission of a Quotation will constitute an incontrovertible representation that the
Service Provider has complied with every requirement of the Contract Documents which are
sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the work.
32. Interpretations
All questions about the meaning or intent of the Contract Documents shall be received in
writing by the Town of Falmouth, MA at the office of Department of Public Works, 416
Gifford Street, Falmouth, MA 02540 at least five (5) days before the date set herein for the
submission of Quotations.
Written clarifications or interpretations will be issued by Addenda not later than five (5)
days before the Quotation submission date. Only questions answered by formal written
Addenda will be binding. Oral and other clarifications or interpretations will be without
legal effect. Addenda will be mailed via certified mail with return receipt requested or
emailed to all parties recorded as having received the Contract Documents. Service
Providers are responsible for determining that they have received all addenda issued.
33.Modifications and Withdrawal of Quotations
Quotations may be modified only by an appropriate document duly executed (in the manner
that a Quotation must be executed) and delivered to the place where Quotations are to be
submitted at any time prior to the scheduled submittal time of the Quotation.
Quotations may be withdrawn prior to the scheduled time (or authorized postponement
thereof) for the submission of Quotations.
Any Quotation received after the time and date specified shall not be considered. No
Quotation may be withdrawn for a period of one hundred twenty calendar (120) days after
the actual date of the submission of Quotations.
34.Service Provider's Representative
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The Service Provider shall designate a representative who will be available to respond to
emergency calls by the Owner at any time day and night and on weekends and holidays
should such a situation arise.
35.Coordination of Work
The General Service Provider shall be responsible for coordinating his own work as well as
that of any sub-Service Providers. This individual shall be responsible for notification of the
Beach Superintendent when service work is expected to begin and the approximate
completion date.
36.Notice to Proceed
The Town, after the execution of the Contract, will send the "Notice to Proceed" to the
Service Provider within 30 calendar days.
Peter M. McConarty
Director of Public Works
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