INVITATION FOR BIDS

DFW-2027-007

Construction of ADA Compliant Ramp and other Incidentals at the MassWildlife Western District Office, 88 Old Windsor Road, Dalton, MA 01226

Project No.: DFW-2027-007

PURCHASING DEPARTMENT: Department of Fish and Game - Division of Fisheries and Wildlife

CONTACT PERSON: Andrew Madden, Western District Supervisor

TELEPHONE: 413-684-1646 EMAIL: Andrew.Madden@mass.gov

BRIEF DESCRIPTION OF PROCUREMENT: The project will consist of all labor and materials to demolish and remove the existing ramp, do grading and leveling as needed, construction of disability accessible compliant ramp with landings, installation of disability compliant handrails at the entrance steps, replacement of three motion sensor light fixtures, and gutter installation. All work must be done between October 19, 2026 and completed no later than June 18, 2027.

EXPECTED DURATION OF CONTRACT: Contract will terminate June 18, 2027.

ANTICIPATED EXPENDITURES FOR EXPECTED DURATION OF CONTRACT: $50,000.00.

PREVAILING WAGE APPLICABLE: Projects included in this request are subject to Massachusetts prevailing wage rates. Prevailing wage rate schedules are included in this IFB as Appendix A and should be taken into account when submitting the bid.

BIDDERS CONFERENCE:

It is mandatory for all vendors to attend a bidders’ conference prior to submitting a bid. A bidder’s conference is scheduled at the Properties at 9:00 am on Tuesday, September 15, 2026. Meet at the Western District Office, 88 Old Windsor Road, Dalton, MA 01226.

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 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 Andrew Madden, Western District Supervisor at 413-684-1646 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.

SECTION 1 ADVERTISEMENT

THE COMMONWEALTH OF MASSACHUSETTS: NOTICE TO CONTRACTORS

The Department of Fish and Game, Division of Fisheries and Wildlife (MassWildlife) invites sealed bids for the Construction of ADA Compliant Ramp and other Incidentals at the MassWildlife Western District Office (DFW-2026-007) located at 88 Old Windsor Road, Dalton, MA 01226, in accordance with specifications prepared by MassWildlife. The contract will consist of all labor, materials, equipment, and incidentals to demolish and remove the existing ramp and pavement; grade and level as needed; construct a disability accessible compliant ramp, handrails, and landings; install handrails at the entrance steps; replace of three motion sensor light fixtures; and install gutters and downspouts. A mandatory pre-bid meeting will be held onsite Tuesday, September 15, 2026, at 9:00 AM. All Work must be done between October 19, 2026 and completed no later than June 18, 2027. The estimated project value is ($50,000). General Bids shall be submitted on the forms furnished by MassWildlife in the bid package, and will be received at the MassWildlife Field Headquarters, 1 Rabbit Hill Rd, Westborough, MA, until 2:00 PM, local time, Wednesday, September 30, 2026, at which time they will be publicly opened and read. All bids must be submitted in accordance with the Contract Documents and shall be accompanied by a bid deposit in the amount of 5% of the value of the bid.

Bid deposits, payable to the Commonwealth of Massachusetts, Division of Fisheries and Wildlife, shall be in the form of a bid bond, certified, cashier's or treasurer's check issued by a responsible bank or trust company.

Contract Documents will be available after August 5, 2026, at www.commbuys.com. Enter DFW-2027-007 in the search bar.

Under M.G.L. Ch. 149, Sec. 44A, Part (C), every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency estimated to cost more than $50,000 and not more than $150,000, except for a pumping station to be constructed as an integral part of a sewer construction or water construction project bid under the provisions of Sec. 39M of Ch. 30, shall be awarded to the lowest responsible and eligible general bidder on the basis of competitive bids in accordance with the procedure set forth in Sec. 39M of Ch. 30.

Minimum wage rates for this project have been predetermined by M.G.L. Ch. 149, Sec. 26 to 27, inclusive.

Proposals that do not have the Affidavit (of non- collusion, etc.) properly completed will be declared informal.

Bids are subject to provisions of M.G.L. Ch. 30, Sec. 39M and Ch. 149, Secs. 44A to 44J, inclusive. The right is reserved to waive any informality in or reject any or all proposals.

Everose Schlüter, Ph.D.

Director (Acting), Commonwealth of Massachusetts Division of Fisheries and Wildlife http://www.commbuys.com/ http://www.commbuys.com/ http://www.commbuys.com/

SECTION 2 INSTRUCTIONS TO BIDDERS

ARTICLE 1 - BIDDER'S REPRESENTATION:

1.1 Each Bidder by making a Bid represents that:

• The Bidder has read and understands the Contract Documents and the Bid is made in accordance therewith.

• The Bidder has visited the site and is familiar with the local conditions under which the Work has to be performed.

1.2 Failure to so examine the Contract Documents and site will not relieve any Bidder from any obligation under the Bid as submitted.

ARTICLE 2 - GENERAL BIDDER'S AND FILED SUB-BIDDER'S CERTIFICATION:

2.1 There are no filed sub-bids for this project.

2.2 Be advised that all employees who work on Massachusetts public works construction sites must have no less than 10 hours of OSHA-approved safety and health training. See Chapter 306 of the Acts of 2004 which became effective July 1, 2006.

2.2.1 The Contractor and all subcontractors on this project will be required to provide certification of this compliance with their applications for payment. Non-compliance with this Law will disqualify you from bidding on public contracts.

ARTICLE 3 – MINORITY / WOMEN WORKFORCE UTILIZATION PERCENTAGES:

3.1 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%.

ARTICLE 4 - REQUEST FOR INTERPRETATION:

4.1 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the Owner. The Owner will answer such requests if received seven (7) calendar days before the date for receipt of the bids.

4.2 Interpretation, correction, or change in the Contract Documents will be made by written Addendum which will become part of the Contract Documents. Neither the Department, nor Awarding Authority will be held accountable for any oral interpretations, corrections, or changes.

4.3 Addenda will be emailed in electronic .pdf format by the Owner to every individual or firm on record as having taken a set of Contract Documents.

In order to ensure 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-2027-007) in the subject line and include the appropriate contact name, address, and email address in the body of the email. You will be added to the list of bidders that have obtained the bid documents and will be notified of any and all changes to the bid documents. If you downloaded this Invitation for Bids from Commbuys using your assigned Commbuys user account, you have automatically been added to the list of plan holders.

ARTICLE 5 - PREPARATION AND SUBMISSION OF BIDS:

5.1 Forms and Bid Preparation: Bids shall be submitted on the "Form for General Bid" or the "Form for Sub-Bid", as appropriate, furnished at no cost by the Awarding Authority.

5.1.1 All entries on the bid form shall be made by typewriter or in ink.

5.1.2 Sums shall be expressed in both words and figures in the space indicated on the bid form.

5.1.3 Where there is a discrepancy between the bid sum expressed in words and the bid sum expressed in figures, the words shall control.

5.2 Bid Deposits:

5.2.1 shall be at least five percent (5%) of the greatest possible bid amount, considering all alternates; and made payable to the Commonwealth of Massachusetts, DIVISION OF FISHERIES AND WILDLIFE; conditioned upon faithful performance by the principal of the agreements contained in the bid; and in the form of

.1 cash, .2 certified check, treasurer's or cashier’s check issued by a responsible bank or trust company, or .3 a bid bond issued by a surety company licensed to do business in the Commonwealth of Massachusetts.

5.2.2 will be retained until the execution and delivery of the Owner/Contractor Agreement if they represent the bid deposit of one of the three (3) lowest responsible and eligible General Bidders.

5.3 Delivery of General Bids:

General Bids, including the bid deposit, shall be enclosed in a sealed envelope with the following plainly marked on the outside:

mailto:James.Burnham@mass.gov

Sealed Bid For: “Division of Fisheries & Wildlife, Construction of ADA Compliant Ramp and other Incidentals at the MassWildlife Western District Office (DFW-2027-007), Dalton, Massachusetts” and Bidder's Name, Business Address, and Phone Number

Bids shall be delivered no later than 2:00 PM on Wednesday, September 30, 2026 to the Division of Fisheries and Wildlife, Field Headquarters, 1 Rabbit Hill Rd, Westborough, MA 01581 at which time they will be publicly opened and read.

All responses must include two copies of each of the documents listed below. BE SURE TO

INCLUDE ALL ITEMS LISTED HERE OR YOUR RESPONSE MAY BE FOUND TO BE INCOMPLETE

AND NONRESPONSIVE.

1) Completed general bid form and 2) affidavit: Proposal for IFB DFW-2027-007 Construction of ADA Compliant Ramp and other Incidentals at the MassWildlife Western District Office. One copy must be notarized original.

3) Bid deposit in the amount of 5% of total bid price, payable to the Division of Fisheries and Wildlife, in the form of a bid bond, cash, certified check, or a treasurer's or cashier's check issued by a responsible bank or trust company.

4) Business Reference Form outlining the bidders experience for conducting the type of work described in this IFB with references.

5) Contractor Authorized Signatory Listing, completed and signed by the vendor.

Timely delivery of a bid to the location designated shall be the full responsibility of the Bidder.

ARTICLE 6 – NOT USED

ARTICLE 7 - WITHDRAWAL OF BIDS:

7.1 Before Opening of Bids any bid may be withdrawn prior to the time designated for receipt of bids upon written request. Withdrawal of bids must be confirmed over the Bidders signature by written notice postmarked or sent by email on or before the date and time set for receipt of bids. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids.

7.2 After Opening of Bids bidders may withdraw a bid, without penalty, any time up to the time of Award as defined below, and upon demonstrating, to the satisfaction of the Awarding Authority, that a bona fide clerical error was made during the preparation of the bid. Failure to conclusively demonstrate a bona fide clerical error may result in forfeiture of the bid deposit.

In the event of a general bid withdrawal after opening of bids, the Awarding Authority shall consider the bid from the next lowest eligible and responsible bidder.

ARTICLE 8 – CONTRACT AWARD

8.1 Award means both the determination and selection of the lowest responsible and eligible bidder, by the Awarding Authority.

8.2 The Awarding Authority will award the contract to the lowest responsible and eligible bidder for the Base Bid, or for the Base Bid plus Alternate No. 1, or for the Base Bid plus Alternate No. 1 and Alternate No. 2, or for the Base Bid plus Alternate No. 1, Alternate No. 2 and Alternate No. 3 within thirty days, Saturdays, Sundays, and legal holidays excluded after the opening of bids in accordance with M.G.L c.149 §44A.

8.3 The Contract will be awarded to the lowest responsible and eligible Bidder for the Base Bid, or for the base bid plus Alternate No. 1, or for the Base Bid plus Alternate No. 1 and Alternate No. 2, or for the Base Bid plus Alternate No. 1, Alternate No. 2 and Alternate No. 3, except in the event of substitution as provided under M.G.L. c.149 §§44E and 44F, in which cases the procedure as required by said sections shall govern the award of the Contract.

8.4 The award of this Contract is subject to the approval of the Associate Director of Finance of the Division of Fisheries and Wildlife (MassWildlife). Contracts without MassWildlife approval shall not be considered valid.

8.5 The Awarding Authority 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.

8.6 As used herein 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.l49 §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. The low bidder will be determined on the basis of the sum of the base bid and any accepted alternates.

ARTICLE 9 - FORMS REQUIRED FOR CONTRACT APPROVAL

9.1 Upon Award, the General Bidder shall complete the following forms to ensure prompt contract validation. These forms will be provided to the selected General Bidder by MassWildlife and can be found in Appendix B.

1) Owner-Contractor Agreement and Form of Corporate Vote

2) Commonwealth W-9 tax information form filled out and signed by the respondent (If not already on file)

3) Proof of liability insurance coverage

4) Electronic Funds Transfer form

5) Revenue Enforcement and Protection Certification (REAP)

6) Compliance with MA Employment Security Law

7) Form for Payment and Performance Bonds

ARTICLE 10 - CONTRACT VALIDATION

10.1 The Owner-Contractor Agreement shall not be valid until signed by the Associate Director of Finance of the Division of Fisheries and Wildlife.

10.2 The Notice to Proceed for construction shall not be issued until the Owner/Contractor Agreement has been validated by the Associate Director of Finance of MassWildlife.

10.3 Incomplete or unacceptable submissions of forms required by paragraphs 9.2 - 9.7 will delay the validation of the Owner/Contractor Agreement by Division of Fisheries and Wildlife.

ARTICLE 11 - RETURN OF BID DEPOSITS

11.1 The Bid Deposits of the three (3) lowest responsible and eligible general bidders shall be returned upon the execution and delivery of the General Contract or, if no award is made, upon the expiration of the time prescribed in M.G.L. c. 149, § 44A for making an award; except that, if any general bidder fails to perform its agreement to execute the Contract and furnish Performance and Payment Bonds as stated in its Bid, then said general bidder's Bid Deposit shall become the property of the Commonwealth as liquidated damages;

provided that the amount of the Bid Deposit that becomes the property of the Commonwealth shall not exceed the difference between the Contractor's Bid price and the Bid price of the next lowest responsible and eligible Bidder; and provided further that, in the case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the general bidder, such general bidder's Bid Deposit shall be returned.

11.2 The Bid Deposits of the three lowest sub-bidders in each category shall be returned within five (5) days, Saturdays, Sundays, and legal holidays excluded, after the execution of the General Contract; except that, if a selected sub-bidder fails to perform its agreement to execute a sub-contract with the general bidder selected as the general contractor, contingent upon the execution of the General Contract, and, if requested to do so in the general bid by such general bidder, to furnish a Performance and Payment Bonds as stated in its sub-bid in accordance with M.G.L. c. 149, § 44F(2), the Bid Deposit of such sub-bidder shall become the property of the Commonwealth as liquidated damages, provided that the amount of the Bid Deposit that shall become the property of the Commonwealth shall not exceed the difference between its sub-bid price and the sub-bid price of the next lowest responsible and eligible sub-bidder.

11.3 In addition to the provisions for the return of Bid Deposits as provided above, upon receipt of a Bid Bond in an amount not less than the amount of the required Bid Deposit, the Awarding Authority shall return any Bid Deposit of a Bidder forthwith after the public opening of Bids.

SECTION 3

SPECIAL PROVISIONS

The Commonwealth of Massachusetts, Department of Fish & Game, Division of Fisheries and Wildlife (MassWildlife) is seeking a qualified contractor to demolish and remove the existing ramp and pavement;

grade and level as needed; construct a disability accessible compliant ramp, handrails, and landings; construct handrails at the entrance steps; replace of three motion sensor light fixtures; and install gutters and downspouts at the Western District Office, 88 Old Windsor Road, Dalton, MA 01226.

General Bidder shall enter the dollar amount of the base bid, alternate no. 1, and alternate no. 2, and alternate no. 3 on the mandatory bid sheet All pricing shall include all permits, labor, materials, equipment, testing, etc to make the work fully complete and satisfactorily acceptable to the Owner.

Bids that do not contain price information for the base bid, alternate no. 1, alternate no. 2, and alternate no. 3 will be considered incomplete and non-responsive.

The Contract shall be awarded to the lowest eligible and responsible Bidder for the base bid, OR the base bid plus alternate no. 1, OR the base bid plus alternate no. 1 plus alternate no. 2, OR the base bid plus alternate no. 1 plus alternate no. 2, plus alternate no. 3.

PART 1 – BASE BID

1 BASE BID – RAMP AND ASSOCIATED RAILING WORK

All relevant portions of the latest edition of the State Building Code (9th Edition), Architectural Access Board Regulations 521 CMR, and 2010 Americans with Disabilities Act Standards for Accessible Design (ADA), and the special provisions contained herein shall apply to the work performed under this Contract. The work to be performed under this Contract shall, in general, consist of the following:

1.1 Remove existing ramp access, including wood and paved sections, and legally dispose of the materials (Images 2 and 3).

1.2 Regrade access area currently covered by wood (approximately 15’) and paved section (approximately 25’) (Image 2 A, B, C (as extended to the parking lot as seen in Image 3)) to achieve 521 CMR and ADA compliant grades and slopes for new ramp.

1.3. Construct 521 CMR Section 24.0 and ADA compliant ramp with handrails (roughly 40’ long) from parking area to front porch. New ramp will be constructed where the current wood ramp exists (Image 2 A), and where the current pavement is (Image 2 C) of pressure treated lumber with a minimum width of 48” between handrails; the handrails shall comply with 521 CMR 24. Ramp will be supported by secure footings to ensure stability and maintain level cross slope. Landings (521 CMR 24.4) at turn (Image 2 B location) and at base of the ramp (Image 3 A) will be level and designed to prevent accumulation of water (spaces between boards).

Alternate No. 1:

1. Installation of new handrails on front steps (Image 1). Front steps onto porch are approximately 14.5 feet wide. Handrails will be installed at each end and in the center (three rails) of the steps in compliance with 521 CMR Section 27 and ADA requirements. Handrails will be constructed from pressure treated lumber and must comply with 521 CMR 27.4.

Alternate No. 2:

1. Installation of aluminum gutter sections with drain spouts over front steps (approximately 15’ wide) and access ramp (approximately 7’ wide) to prevent ice buildup (Images 2 and 1). Drain spouts should come directly to the ground and direct water away from the building; each drain spout will be approximately 12’.

Alternate No. 3:

1. Replacement of 3 motion sensor light outdoor fixtures (Figure 4) to illuminate front stairs and access ramp.

Fixture shall be 2 LED floodlight heads with motion detection sensing angle = 180 degrees. Lights shall be minimum 3,000 lumens total brightness. They shall be installed to illuminate fronts steps and ramp. Specific fixture type to be approved by Western District Supervisor prior to purchase.

PROSECUTION OF WORK

The Contractor shall plan their work so that the Western District Office is properly secured at the end of each day.

All materials and equipment of the Contractor as may from time to time be left on the site shall be at their own risk and the Department will not be responsible for any damage or theft incurred.

EXAMINATION OF LOCATION

The Contractor must satisfy itself by their own investigation and research of the site and detail of the Western District Office regarding all conditions affecting the work, the amount of labor, materials and equipment needed, and make their bid in sole reliance thereon.

SCHEDULE OF OPERATIONS

No work shall be performed under this Contract on Saturdays, Sundays, or legal holidays unless approval is given by the District Supervisor. The office is normally open five (5) days per week from Monday through Friday from 8:00 a.m.

to 4:30 p.m. To work outside normal business hours the Contractor shall first obtain the approval of the District Supervisor.

DESIGN STANDARDS AND WARRANTY

Site related work shall comply with the Engineer’s technical specifications, plans and details; and Standard Specifications for Highways and Bridges, 2020 Edition, as revised.

All materials furnished shall meet or exceed the stated design requirements.

All warranties as received from the manufacturer of the equipment pertinent to its components or satisfactory use shall be turned over to the Division at the time of acceptance at no cost to the Department. Each warranty so received shall indicate its expiration date.

SUBSTITUTION OF EQUIPMENT AND/OR MATERIALS

Whenever a certain item or its equal is stated in the specifications and the Contractor proposes to substitute an alternate, it shall be his responsibility to furnish sufficient evidence in writing as to the adequacy of the alternate prior to approval by the Owner for its use.

PROTECTION OF WORK

The Contractor shall protect, at his own expense, his own materials and work from any cause and shall protect materials and work of others from direct and consequential damage, including floors, and fires due to his operations.

Any such damage during the construction and/or guarantee shall be repaired by the Contractor using mechanics skilled in the various trades involved at no extra expense to the owner.

PATENTED DEVICES, MATERIALS AND PROCESSES

It is mutually understood and agreed that, without exception, Contract prices are to include all royalties and costs arising from patents, trademarks and copyrights in any way involved in the work. It is the intent that whenever the Contractor is required or desires to use any design, device, material, or process covered by letters patent or copyright, the right for such use shall be provided for by suitable legal agreement with the patentee or owners. A copy of this agreement shall be filed with the Engineer; however, whether or not such agreement is made or filed as noted, the Contractor and surety in all cases shall indemnify and save harmless the Party of the First Part from any and all claims for infringement by reason of the use of any such patented design, device, material or process to be involved under the Contract. He, or They, shall indemnify the party of the First Party for any cost, expenses and damages which may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after the completion of the work.

PREPARATION OF PROPOSALS

However, in the event of an error in the bid (e.g., clerical error, mathematical error) the Division may interpret the bid to protect the public interest in securing the lowest responsible bid for the Contract. Any such errors may be interpreted to the benefit of the Division.

INSURANCE REQUIREMENTS

Insurers shall be licensed and registered in accordance with Massachusetts General Laws. Policies shall indemnify against loss with no deductible amount. Policies shall not contain any provisions for Contractor self-insurance.

PROTECTION OF UNDERGROUND FACILITIES

The Contractor's attention is directed to the necessity of making his own investigation in order to assure that no damage to existing structures, drainage lines, et cetera, will occur.

The Contractor shall notify Massachusetts DIG SAFE and procure a Dig Safe Number for each location prior to disturbing existing ground any way. The telephone number of the Dig Safe Call Center is 811.

FORM OF GENERAL BID

TO THE AWARDING AUTHORITY

A. The undersigned proposes to furnish all labor and materials required for “Division of Fisheries & Wildlife, Construction of ADA Compliant Ramp and other Incidentals at the MassWildlife Western District Office, Dalton, Massachusetts”

PROJECT TOWN

in accordance with Contract Documents prepared by the Western District Supervisor, Department of Fish and Game, Division of Fisheries and Wildlife.

For the contract price specified below, subject additions and deductions according to the terms of the specifications.

B. This bid includes addenda number(s) ____________.

C. The bidder agrees to perform the base bid work described in the specifications and shown on the plans in accordance with the following schedule of unit prices.

1. The proposed contract BASE BID price is: __________________________$ Dollars (BASE BID)

__________________________________________________________(Written in Words)

D. The subdivision of the proposed contract price is as follows:

ITEM I. The work of the general contractor, being all work other than that covered by ITEM 2-4.

TOTAL OF ITEM 1 ................................................... $ ________________

TOTAL OF ITEMS 2-4...............................................$_________________

ITEM

NO.

BASE BID

QTY

UNIT

ITEM WITH UNIT BID PRICE

WRITTEN IN WORDS

UNIT PRICE($)

TOTAL

AMOUNT

1 1 Lump Sum

For miscellaneous work, including but not necessarily limited to mobilization and demobilization to the Western District Office site;

performance and payment bonds; insurance; permits, and other incidentals to satisfactorily completing the project, but not to exceed 10% of the total of Items 2 through 4, the sum of:

per Lump Sum

2 1 Lump Sum

Removal and legal disposal of existing ramp, railings, and pavement.

3 1 Lump

Grading and site preparation.

4 1 Lump Sum

Construction of 521 CMR and ADA compliant ramp with railings from pressure treated lumber, and associated landings.

TOTAL

BASE BID

AMOUNT

Alternate No. 1:

TOTAL OF ITEM 5...............................................$_________________ (Alternate No. 1)

Alternate No. 2:

TOTAL OF ITEM 6...............................................$_________________ (Alternate No. 2)

Alternate No. 3:

TOTAL OF ITEM 7...............................................$_________________ (Alternate No. 3)

By signing below, the bidder certifies that he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work and 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.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Bidder’s Information Name

(printed) Signature

Company Date

Street Address Phone City, State, Zip

Code Email Signature conveys approval with all proposed bids and agreement with all terms set out in this Invitation for Bids.

5 1 Lump Sum

Construction of 521 CMR and ADA railings on existing steps from pressure treated lumber.

6 1 Lump

Installation of aluminum gutters over stairs and top of ramp with downspouts.

7 3 Per Fixture

Motion sensor light fixtures. Fixture shall be 2 LED floodlight heads with motion detection sensing angle = 180 degrees. Lights shall be minimum 3,000 lumens total brightness.

Commonwealth of Massachusetts

CONTRACTOR AUTHORIZED SIGNATORY LISTING

This form is jointly issued and published by the Office of the Comptroller (CTR) and the Operational Services Division (OSD) as the default form for all Commonwealth Departments when another form is not prescribed by regulation or policy.

Signature for Corporation (C or S), Partnership, Trust/Estate, Limited Liability Company (must match Form W-9 tax classification)

Contractor Legal Name Contractor Vendor/Customer Code (if available, not the Taxpayer Identification Number or Social Security Number)

INSTRUCTIONS: Any Contractor (other than a sole-proprietor or an individual contractor) must provide a listing of individuals who are authorized as legal representatives of the Contractor who can sign contracts and other legally binding documents related to the contract on the Contractor’s behalf. In addition to this listing, any state department may require additional proof of authority to sign contracts on behalf of the Contractor, or proof of authenticity of signature (a notarized signature that the Department can use to verify that the signature and date that appear on the Contract or other legal document was actually made by the Contractor’s authorized signatory, and not by a representative, designee or other individual.)

For privacy purposes DO NOT ATTACH any documentation containing personal information, such as bank account numbers, social security numbers, driver’s licenses, home addresses, social security cards or any other personally identifiable information that you do not want released as part of a public record. The Commonwealth reserves the right to publish the names and titles of authorized signatories of contractors.

There are three types of electronic signatures that will be accepted on this form: 1) Traditional “wet signature” (ink on paper); 2) Electronic signature that is either: a. hand drawn using a mouse or finger if working from a touch screen device; or b. An upload picture of the signatory’s hand drawn signature; 3) Electronic signature affixed using a digital tool such as Adobe Sign or DocuSign. Typed text of a name not generated by a digital tool, computer generated cursive, or an electronic symbol are not acceptable forms of electronic signature.

Authorized Signatory Name

Signature (Signature as it will appear on contract or other documents)

Title Phone Number

Email Address

Acceptance of any payment under a Contract or Grant shall operate as a waiver of any defense by the Contractor challenging the existence of a valid Contract due to an alleged lack of actual authority to execute the document by the signatory.

I certify that I am a responsible authorized officer of the Contractor and as an authorized officer of the Contractor I certify that the names of the individuals identified on this listing are current as of the date of execution and that these individuals are authorized to sign contracts and other legally binding documents related to contracts with the Commonwealth of Massachusetts on behalf of the Contractor. I understand and agree that the Contractor has a duty to ensure that this listing is immediately updated and communicated to any state department with which the Contractor does business whenever the authorized signatories above retire, are otherwise terminated from the Contractor’s employ, have their responsibilities changed resulting in their no longer being authorized to sign contracts with the Commonwealth or whenever new signatories are designated.

Please note you cannot self-certify your own signature as a single signer listed above.

Signature Date

Print Name Phone Number

Title Email Address

A copy of this listing must be attached to the “record copy” of a contract filed with the department.

AFFIDAVIT

State of Date 20 County of

The undersigned being duly sworn, deposes and says that he is the

Sole owner; partner; president; treasurer or other duly authorized official of a corporation of , for work in

City/Town Location on Date bids were open and certifies that of his own knowledge, said bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

Signature and title of person making affidavit

Sworn to before me this day of 202 .

Notary Public

BUSINESS REFERENCE FORM

The bidder shall supply the Division as part of their bid package a statement of their qualifications to conduct the type of work required under this RFR. The contractor shall also include a list of the similar jobs they have completed in the past 2 years, including the names, addresses, and contact numbers for each contract manager or owner of the job sites. Attach additional sheets if necessary.

Bidder: RFR

Name/Title: RFR

Number:

Reference name: Contact:

Address: Phone: # ( )

Fax/Internet address:

Description and date(s) of commodities and services provided:

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SECTION 4

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

M.G.L. Ch. 149

ARTICLE 1 GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents consist of the Owner-Contractor Agreement, Advertisement, Instructions to Bidders.

Bidding Documents, Contract Forms, Conditions of the Contract, Specifications, Drawings, Massachusetts Highway Department publication known as the Standard Specifications For Highways and Bridges, 1988 Edition, as revised, Massachusetts Department of Community Housing and Development publication known as the Construction Handbook, all addenda issued prior to execution of the Contract, and other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties,

(2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Engineer.

1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification.

1.1.3 THE WORK

The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.

1.1.4 THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

1.1.5 THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

1.1.6 THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, and performance of related services.

1.1.7 THE STANDARD SPECIFICATIONS & CONSTRUCTION HANDBOOK

.1 The Commonwealth of Massachusetts Department of Transportation Standard Specifications for Highways and Bridges, 2022 Edition, as revised. It outlines the procedures that the Contractor, Owner, Engineer, and Department-shall follow during the construction of the Work. The most current amended version of the 2022 edition, at the time of bid opening, of The Standard Specifications is incorporated by reference into the Contract Documents. Relevant sections of The Standard Specifications shall apply to non-building related construction Work.

.2 The Construction Handbook is published by the Department of Housing and Community Development and is available online at www.mass.gov/files/documents/2016/08/rw/handbook_1.pdf . It outlines the procedures that the Contractor, Owner, Architect, and Department shall follow during the construction of the Work. The most recent version, at the time of bid opening, of the Construction Handbook is incorporated by reference into the Contract Documents. Relevant Sections of the Construction Handbook shall apply to building related construction Work.

1.2 EXECUTION, CORRELATION, AND INTENT

1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. In case of inconsistent requirements in the Contract Documents, the requirement for the greater quantity or higher quality shall take precedence and shall be the Contract requirement.

1.2.3 Unless otherwise stated in the Contract Documents, words which have well known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

http://www.mass.gov/files/documents/2016/08/rw/handbook_1.pdf

1.2.4 Where reference is made to standards or trade association publications, it shall be considered to refer to the latest edition and revision thereof, if any, in effect on the date the Contract Documents were advertised for bid.

1.3 USE OF DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS

The Drawings, Specifications and other documents prepared by the Owner, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor, or material or equipment supplier on other projects or for additions to this Project outside the scope of Work without the specific written consent of the Owner.

ARTICLE 2 0WNER

2.1 DEFINITION

The term “Owner", sometimes also referred to as the “Awarding Authority" or "Authority", means the Commonwealth of Massachusetts, Department of Fish and Game, Division of Fisheries and Wildlife (MassWildlife) identified in the Agreement, organized and existing under the provisions of M.G.L. C. 131.

2.2 INFORMATION AND SERVICES TO BE PROVIDED BY THE OWNER

2.2.1 The Owner will furnish to the Contractor, free of charge, a reasonable number of copies of the Contract Documents for the execution of the Work, including a set for record purposes.

2.2.2 The Owner shall furnish available surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site.

2.3 OWNER'S RIGHT TO STOP THE WORK

2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner by written order signed personally or by its authorized agent, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

2.3.2 Stop work orders require the Administrator's prior approval. (See Subparagraph 3.1.2)

2.4 OWNER'S RIGHT TO CARRY OUT THE WORK

2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, hire one or more contractors to correct such deficiencies.

2.4.2 In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for additional services and expenses made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3 DEPARTMENT

3.1 DEFINITIONS

3.1.1 The term "Department" means the Massachusetts Department of Fish and Game, 100 Cambridge Street, Boston, MA 02114.

3.1.2 The term “Administrator” means the person appointed by the Department to administer the terms of the Contract for Financial Assistance, who is also empowered to take certain actions under this Agreement.

3.1.3 The term "Director" shall be defined as the Director of the Massachusetts Division of Fisheries and Wildlife (MassWildlife) or their designee.

3.2 PROJECT FUNDING

The Work under this Contract is funded by General Bond Funds of the Commonwealth of Massachusetts through the Owner.

3.3 DEPARTMENT'S RESPONSIBILITIES

3.3.1 The Contractor is advised that various actions taken, or decisions made by the Owner under this Contract, require the prior approval and counter-signature of the Director, or his designee. Those actions or decisions include, but are not limited to, the following:

.1 Approval, substitutions, and final selection of Sub-Contractors

.2 Change Orders and Construction Change Directives, whether or not they affect a change in the Contract Sum or in the Contract Time.

.3 Written orders, notices, and approvals given by the Owner pursuant to the Contract Documents or pursuant to any Laws applicable this Contract, including approval of the Contractor's payment requests.

.4 Approval of "or equal" submissions and substitutions pursuant to Subparagraph 4.6.3 .

.5 Stop Work order.

.6 Certificate of Substantial Completion.

.7 Final payment.

.8 Termination of Contract.

3.3.2 In any instance where the Contractor requires clarification as to whose approval is required, the Owner shall provide such clarification.

3.3.3 Work undertaken by the Contractor or a Subcontractor at the Owner's or other person's order without the Directors countersignature prior to the start of such work shall be considered unauthorized work and shall not be considered cause for extra payment. The Contractor or Subcontractor shall be responsible for performing, at their own expense, corrective measures required due to any failure to obtain the prior approval of the Administrator pursuant to Subparagraph 3 .3 .1.

3.3.4 The Department and its authorized representatives and agents shall, at all times, have access to, and be permitted to observe and review all Work, materials, payrolls, records of personnel, conditions of employment, invoices of materials, and other relevant data and records maintained by the Contractor on the Project.

ARTICLE 4 CONTRACTOR

4.1 DEFINITION

The Contractor, sometimes referred to as the General Contractor, is the person or entity identified as such throughout the Contract Documents as if singular in number. The term Contractor means the Contractor or its authorized representative.

4.2 REVIEW OF CONTRACT DOCUMENTS & FIELD CONDITIONS BY CONTRACTOR

4.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Owner errors, inconsistencies, or omissions discovered. The Contractor shall not be liable to the Owner for damage resulting from errors, inconsistencies, or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency, or omission and knowingly failed to notify the Owner. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Owner, the Contractor shall assume responsibility for such performance and shall bear the attributable costs for correction.

4.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the Owner at once.

4.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 4.7.

4.3 SUPERVISION AND CONSTRUCTION PROCEDURES, COORDINATION, AND CUTTING AND PATCHING

4.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract.

4.3.2 The Contractor shall be responsible for the proper tilting of all Work and the coordination of the operations of all trades. Subcontractors, or materialmen engaged upon the Work.

4.3.3 All necessary cutting, coring, drilling, grouting, and patching required to fit together the several parts of the Work shall be done by the Contractor, except as may be specifically noted otherwise under any particular filed sub-bid section of the Specifications.

4.3.4 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors, and their agents and employees, and other persons performing portions of the Work.

4.3.5 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work.

4.3.6 The Contractor shall do engineering required for establishing grades, lines, levels, dimensions, layouts, and reference points for the trades; shall be responsible for maintaining benchmarks and other survey marks;

and shall replace any benchmarks or survey marks which have been disturbed or destroyed.

4.3.7 Unless otherwise required by the Contract Documents or directed in writing by the Owner, work shall be done during regular working hours. However, if the Contractor desires to carry on the Work outside of regular working hours or on Saturdays, Sundays, or Massachusetts holidays it shall allow ample time to enable satisfactory arrangements to be made for inspecting Work in progress and shall bear the costs of such inspection The Owner shall bill the Contractor directly for such costs.

4.3.8 Work done outside of regular Working hours without the consent or knowledge of the Owner shall be subject to additional inspection and testing as directed by the Owner. The cost of this inspection and testing shall be paid by the Contractor whether the Work is found to be acceptable or not.

4.4 SUPERINTENDENT

4.4.1 The Contractor shall employ a Superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The Superintendent shall represent the Contractor, and communications given to the Superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Superintendent shall attend each job meeting.

4.4.2 The Superintendent shall be a competent and responsible employee, satisfactory to the Owner, who is regularly employed by the Contractor and is designated by the Contractor as its representative to be in full time attendance at the…