RFQ DFW-2025-076 Hibernaculum at Muddy Brook WMA.pdf

Request for Written Quotes Project DFW-2025-076

Hibernaculum Construction at Muddy Brook WMA, Hardwick, MA

Summary

The Massachusetts Division of Fisheries and Wildlife (MassWildlife) is seeking written quotes to construct a snake hibernaculum (overwintering site) on the Muddy Brook Wildlife Management Area in Hardwick, Massachusetts (Figure 01). The purpose of this project is to provide a large, safe and stable overwintering structure for a suite of declining snake species in the Muddy Brook Valley. Several regionally important snake species have shown dramatic population declines in this valley over the past several decades, primarily due to the impacts of habitat degradation, habitat fragmentation, persecution and road mortality. Exposure to these threats is thought to have recently increased as centralized over-wintering opportunities have greatly decreased in the valley, forcing snakes to travel ever-greater distances over roads and to interface more with developed landscapes. By creating a high-quality hibernaculum in the core of the recently restored habitat at Muddy Brook WMA, it is expected that exposure to these threats will be greatly reduced because: (a) the snakes will no longer need to travel great distances across the landscape to access over-wintering structures, and (b) persecution at the wintering sites will be greatly reduced at a hibernaculum on Muddy Brook WMA. Reducing exposure to these threats is expected to allow for population recovery for these otherwise vulnerable and declining keystone snake species.

The construction of the hibernaculum will require the excavation of an 11’ deep, 20’x20’ wide hole (square) (Figure 4). The substrate at the site to be excavated is sand and gravel. Once excavated, the hole is then to be layered with materials including concrete slabs and boulders as described in Specific Materials. Close attention will be needed in the placement of the materials to ensure that adequately sized voids are present throughout the entire hibernaculum to allow for snake passage from the surface and to provide hibernation chambers below the frost line. See Specifications, Specific Materials and Figure 04 for details. Close work with MassWildlife staff during the construction of the hibernaculum will be required. MassWildlife will have a representative on site each day.

PROCUREMENT CONTACT

Name and Title: James Burnham, Program Coordinator

Phone: 508-389-6343

Email Address: james.burnham@mass.gov

PROJECT MANAGER CONTACT

Name and Title: Senior Restoration Ecologist Chris Buelow AND Restoration Ecologist Dan Bove

Phone: Chris Buelow 508-769-7568; Dan Bove 570-269-9179

Email Address: chris.buelow@mass.gov; dan.bove@mass.gov

Funding, TimeLine, Permitting, Bonding, & Contract Award

Funding: Funding has been identified for this project. The estimated cost of construction is $25,000

Timeline: The contractor shall complete all work no later than June 30, 2025. All invoicing should be completed no later than July 15, 2025 and the date on the invoice may be no later than June 30, 2025.

Permitting:

All applicable State Laws, Municipal Ordinances, permits and the rules and regulations of all authorities having jurisdiction over the project area shall apply to this CONTRACT throughout, and are deemed to be included in the CONTRACT the same as though herein.

Approved environmental permits (Massachusetts Endangered Species Act, Wetlands Protection Act) for this work will be secured by MassWildlife. All other necessary permits are the responsibility of the Contractor and shall be obtained and paid for by the Contractor. An Order of Conditions has been obtained by MassWildlife for work in wetland resource areas including mowing.

Bonding:

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

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

Bonds shall be issued from a surety company qualified to do business under the laws of the Commonwealth. The Performance Bond and the Labor and Materials Payment Bond (where required) may be in one or in separate instruments in accordance with local law and shall be delivered to the Owner not later than the date of execution of the contract.

Prevailing Wage Rates:

Projects included in this request for written quotes are subject to Massachusetts prevailing wage rates.

Prevailing wage rate schedules are included in this request for written quotes (RFQ) and should be taken into account when submitting the bid. The Bidders attention is directed to the Commonwealth of Massachusetts Public Employment Laws at the end of this document.

Addenda:

In order to ensure that all interested parties receive timely notification of addenda that are issued for this project, please send an email to james.burnham@mass.gov. Reference the project number (DFW- 2025-076) in the subject line and include the appropriate contact’s name, address, and email address in the body of the email. You will be added to the list of bidders that have obtained this request for written quotes and will be notified of any and all changes to the bid documents. If you downloaded this request from Commbuys using your assigned Commbuys user account, you have been automatically added to the list of plan holders.

Contract Award:

The contract will be awarded to the lowest responsible and eligible bidder for the Base Bid or the Base Bid plus Alternate No. 1. The term "lowest responsible and eligible bidder" shall mean (1) the Bidder whose Bid is the lowest of those Bidders demonstrably possessing the skill, ability, and integrity necessary for the faithful performance of the work, and who meets the requirements set forth in M.G.L.

c.149 sec.44 (2)(B) and not debarred from bidding under M.G.L. c.149 §44C; (2) and who shall certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; and (3) who shall certify that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work, and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

MassWildlife reserves the right to waive informalities in, or to reject any or all Bids, if it be in the public interest to do so.

Specifications:

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

Approved machinery and materials must be kept at specified equipment staging areas identified by MassWildlife staff when not in use, unless otherwise permitted.

The treatment area is located at the Muddy Brook WMA in Hardwick, MA (Figure 1). Access is off Patrill Hollow Road, Hardwick, MA.

1. Excavate an 11’ deep, 20’x20’ square hole at the location (Figure 2 and 3).

2. Fill the hole with carefully placed concrete slabs, concrete pipes, cinder blocks, and boulders, in close collaboration with MassWildlife staff (see Specific Materials and Figure 4).

3. Set a series of corrugated drainage pipe within the set material to allow for exit/entrance.

4. Cover the outer edges top of the hibernaculum with landscape fabric and sand. The sand is from the excavated materials.

5. Grade the remaining sandy soils from the excavation around the hibernaculum.

6. Alternate One: Surround the hibernaculum site with 6’ high, 30’x35’ chain-link fence.

Specific Materials:

Specific materials include the following. See Figure 04 for the schematic of the hibernaculum.

- Boulders: 4,300 cubic feet of boulders ranging from 10-18” in rough diameter. Voids between boulders need to be large and contiguous enough to allow for the passage of snakes throughout the entire hibernaculum, but small enough to keep interior temperature as stable as possible.

- Cinder Blocks: 100 dual hole concrete cinder blocks (12”x16”x8”), to be placed askew across the bottom 4’ of the hibernaculum to create larger voids for hibernation chambers. These are to be mixed among the reinforced concrete pipes in this layer. Blocks need to be clean and intact.

- Reinforced Concrete Pipes: 20 reinforced concrete pipes, 18”x6’ to be placed askew across the bottom 4’ of the hibernaculum to create larger voids for hibernation chambers. These are to be mixed among the cinder blocks and boulders in this layer. Concrete pipes need to be clean and intact.

- Concrete Slabs: 1,000 square feet of concrete slabs to be placed slightly askew between the bottom layer of the hibernaculum and the upper layer of boulders. The intent of the slabs is to create a thermal barrier between the bottom layer of the hibernaculum and the cobbles above, while allowing for easy passage of snakes through this layer. Slabs should be large enough to inhibit radiational cooling when placed askew, but small enough to allow for regularly occurring gaps between them. Each slab should be in the vicinity of 25 square feet and 8” thick; actual measurements of the slabs may vary as long as they achieve their intent of thermal regulation and passage. Clean salvaged material is acceptable. Boulders (to the specifications above), will be needed to set the slabs askew and to fill the larger gaps that result.

- Aluminized Pipe: A 3” diameter, 16’ aluminized type 2 pipe will need to be set vertically near the center through the entire vertical profile of the hibernaculum to accommodate a data logger and its cord. The bottom of the tube should be 18” above the base of the excavation.

- Corrugated Drainage Pipe: Four sections of 20’ long, 6” diameter, flexible corrugated single wall polyethylene drainage pipe will be place from the bottom of the hibernaculum to its outside edges to provide alternative exit/entrance pathways for snakes. 3” diameter holes will be drilled on both sides of the pipe every 3’ along the pipes (12 holes per pipe) to allow for snake access into these pipes at various positions throughout the hibernaculum.

- Landscape Fabric: 300 square feet of heavy duty 5 ounce polypropylene landscape fabric will overtop the outer 10’ of the boulders on top of the hibernaculum and covered in 6” sand derived from the excavation (no sand will need to be purchased by the Contractor).

- Chain Link Fence (Alternate No. 1): 130’ of 6’ tall galvanized chain link fence surrounding the hibernaculum. This fence will include a 6’ high walk-through 4’ wide gate with fork latch.

The gate should face the east. There will be 6 terminal 10’ long posts of 2.5” diameter and

15 line posts 10’ long of 2” diameter. SS-20 pile wall thickness for all pipes. Include top bars and all hardware. The fence will be topped by 3 strands of barbed wire (390 total feet of barbed wire). The installed fence will be a 30’x35’ rectangle around the hibernaculum.

Any substitutions must be approved by MassWildlife in writing.

The Base Bid will consist of:

1. Excavation of an 11’ deep, 20’x20’ square hole at the location (Figure 2 and 3).

2. Filling the hole with carefully placed concrete slabs, concrete pipes, cinder blocks, and boulders, in close collaboration with MassWildlife staff (see Specific Materials and Figure 4).

3. Setting a series of corrugated drainage pipe within the set material to allow for exit/entrance

(see Specific Materials and Figure 4).

4. Covering the outer edges top of the hibernaculum with landscape fabric and sand (see Specific

Materials and Figure 4).

5. Grading the remaining sandy soils from the excavation around the hibernaculum.

Alternate No. 1: Chain Link Fencing:

1. Provide and install 130’ long 6’ tall chain link fence with gate that is topped by barbed wire (see Specific Materials). The fence will be a 30’x35’ rectangle around the hibernaculum.

General Specifications

1. Operational Requirements

a. The Contractor must notify the MassWildlife representative prior to commencement of operations, even if a Notice to Proceed has been issued. Any work that is completed prior to notification is considered unauthorized and will not be paid for.

b. All operations must be performed during normal working hours (Monday – Friday, 7:00 a.m.

to 5:00 p.m.) unless other arrangements are made with MassWildlife.

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

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

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

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

g. The winning bidder will be required to thoroughly clean the exterior, undercarriage, and tires/tracks of his/her equipment with a high pressure washer at a maintenance facility prior to bringing the equipment on site according to MassWildlife’s Best Management Practices. Cleaning will substantially reduce the chance of spreading invasive exotic plants from a previous work site. Machinery that has not been cleaned in this manner will not be allowed on site.

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

i. All mechanized equipment shall carry a working fire extinguisher at all times to be used in the event of a fire. If conditions become dry and the chance of a fire starting with the machinery is increased, MassWildlife reserves the right to request the Contractor to limit hours, bring additional large capacity water storage on site, or suspend the operation until conditions improve, in which case the remobilization costs described in section 2(l) below shall apply

j. Landing locations and temporary access roads to be used by the Contractor must be approved by MassWildlife at each site prior to the start of work.

k. All roads used by the Contractor for access to the fields must be restored to their pre-treatment condition at the conclusion of the operation in coordination with, and to the satisfaction of, MassWildlife staff. Any ruts that are made during the treatments must be graded promptly as conditions permit to the satisfaction of MassWildlife staff. A

MassWildlife staff person will be on site for the majority of the operation and communicate daily with the Contractor concerning treatment site conditions. If deep rutting occurs and compacts the soil so that grading will not bring the soil level back to the pre-use condition, MassWildlife may require the Contractor buy and to bring in approved gravel and/or fill material to remediate the access areas. MassWildlife must approve of any material brought onsite.

l. Any accidents or injuries to workers, environmental accidents, or damage to public or private property associated with this project must be reported to MassWildlife within 48 hours of the incident.

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

n. The Contractor shall, to the satisfaction of MassWildlife staff, remove or otherwise dispose of all garbage, trash, litter, discarded equipment or parts, temporary bridges, waste materials or other refuse resulting from the operation. Waste materials such as oil, grease, used oil absorbent pads, and similar materials shall be disposed of in accordance with law, and at a minimum, in a manner that will prevent their entry by spills, drainage, high water or other means into any river, watercourse, lake, reservoir or other body of water.

o. STORAGE AND HANDLING OF HAZARDOUS MATERIALS: All petroleum products, industrial chemicals and similar materials shall be stored in accordance with manufacturer’s specifications and applicable law, and at a minimum in durable, sealed containers placed so that any accidental spillage shall not drain into any river, watercourse, lake, or reservoir, No hazardous materials, including but not limited to oils, fuels, and hydraulic fluids may be deposited on Commonwealth lands. All mechanized equipment shall carry oil-absorbent pads at all times, quality subject to the approval of MassWildlife staff, to be used respectively in the event of a fluid spill. In the event that hazardous materials are deposited on Commonwealth lands through accidental spill or otherwise, the Contractor agrees to immediately contain the spill using oil-absorbent pads and to notify MassWildlife staff as soon as possible regarding the type, amount, and location of deposited materials. The Contractor shall be liable for all costs incurred resulting from the cleanup of all spills and leaks, and shall correct the situation to the satisfaction of MassWildlife staff, including but not limited to the removal and appropriate disposal of contaminated soil based on MassWildlife staff determination.

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

q. SAFETY AND HEALTH: The Contractor shall conduct all operations in connection with this contract in compliance with applicable provisions of Federal, State and Local labor safety, health and sanitation laws, codes, and regulations.

r. ENVIRONMENTAL CONTROL: The Contractor shall comply with all applicable state and federal laws pertaining to water quality in connection with any operations under this contract. The Contractor shall undertake every reasonable precaution not to pollute or obstruct the flow of any stream, lake, or reservoir on or adjacent to the sale area. In the event of such pollution or obstruction, the Contractor shall correct the condition to the satisfaction of MassWildlife staff. The Contractor shall undertake every reasonable measure to minimize erosion and soil damage, including but not limited to the grading of ruts and the construction and maintenance of water bars, and shall install all mitigation measures according to the most recent version of the Massachusetts Forestry Best Management Practices Manual. Vendors will be required to bring all roads and areas used in the operation back to their pretreatment conditions which may include grading, seeding, and potentially bringing in approved fill material.

s. SPECIAL SITUATIONS: Should a situation exist that would in the opinion of the MassWildlife staff result in unacceptable environmental damage and the Contractor is either unwilling or unable to prevent or immediately repair or remove such damage, or to do so in a timely fashion to the satisfaction of MassWildlife staff after being verbally notified of said situation by MassWildlife staff, the Division may undertake corrective measures and deduct the cost of said measures from the performance bond covering this operation (see General Specification 2 (Contract Requirements) g., below), and may pursue its remedies against the Contractor for any loss, claim, damage or charge that arises due to such damage.

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

2. Contract Requirements

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

b. All persons employed by the Contractor shall have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (OSHA) that is at least 10 hours in duration. Documentation of successful completion of said course shall be submitted with the certified payroll sheets for each employee.

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

d. The Contractor shall provide a valid certificate of insurance prior to beginning work. The

Contractor indemnifies the Commonwealth from and against any liability for claims arising from the Contractors activities under the contract. The Contractor shall provide a certificate indicating a) comprehensive commercial general liability insurance, with coverage for bodily injury, wrongful death, and property damage in the amount of at least $1,000,000 naming the Commonwealth as an additional insured regarding the work to be performed under this contract, and b) Workman's Compensation Insurance as required under Massachusetts law for all persons employed by the Contractor. Contractor shall provide Certificates of Insurance for all sub-Contractors evidencing the same coverage required of the Contractor or equivalent proof of self-insurance. Proof of liability insurance coverage shall be attached to the signed contract prior to project commencement.

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

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

g. The Contractor shall provide as surety a performance bond in the amount of 100% of the contract price prior to beginning work. The performance bond must be furnished to MassWildlife in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash.) [M.G.L. c. 149, §44A(2)(C) and M.G.L. c. 30, §39M(a)]. The performance bond shall be forfeited as liquidated damages if all contract provisions covered are not faithfully and fully performed by the Contractor. Should the amount of damages, as determined by MassWildlife, exceed the amount of said bond, the Contractor agrees to pay the excess balance within 90 days. Otherwise, said bond will be returned to the Contractor after all terms of this contract are fulfilled to the satisfaction of MassWildlife.

h. For any contract totaling $25,000.00 or more, the Contractor shall provide as surety a payment bond in the amount of 50% of the contract price within 10 days of contract award. The payment bond must be furnished to MassWildlife in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash.) [M.G.L. c.

149, §44A(2)(C) and M.G.L. c. 30, §39M(a)]. Said bond will be returned to the Contractor after all terms of this contract are fulfilled to the satisfaction of MassWildlife.

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

j. Total payment for this project shall be agreed upon before any work is initiated. The agreed sum shall be stated in the Notice to Proceed. Payment shall be made as a lump sum payment upon determination by MassWildlife of completion of work, or as agreed upon in the scope of services and payment plan, and shall be made by MassWildlife within thirty

(30) days of receipt of an invoice. This provision shall not apply if MassWildlife notifies the Contractor of insufficiencies in the work or non-compliance with the contract terms within thirty (30) days of receipt of said invoice. If so notified, the invoice amount will not be remitted and no invoice or demand for payment will be accepted until the contract compliance has been met. Once compliance has been met, payment after resubmission of an invoice will be made within thirty (30) days.

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

l. Remobilization costs will be paid if poor weather and/or ground conditions require shut down of the operation for ≥ 3 business days and the machinery has been taken off-site.

The Contractor must obtain MassWildlife approval that operation shut down is required. If weather and/or ground conditions improve within 3 business days to allow completion of the project, MassWildlife will not pay remobilization costs.

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

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

o. If, during the progress of the work, the contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the contract documents either the contractor or the contracting authority may request an equitable adjustment in the contract price of the contract applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the contracting authority shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly.

(1) The awarding authority may order the general contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as it may determine to be appropriate for the convenience of the awarding authority; provided however, that if there is a suspension, delay or interruption for fifteen days or more or due to a failure of the awarding authority to act within the time specified in this contract, the awarding authority shall make an adjustment in the contract price for any increase in the cost of performance of this contract but shall not include any profit to the general contractor on such increase; and provided further, that the awarding authority shall not make any adjustment in the contract price under this provision for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the contract price under any other contract provisions.

(2) The general contractor must submit the amount of a claim under provision (a) to the awarding authority in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this contract and, except for costs due to a suspension order, the awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notified the awarding authority in writing of the act or failure to act involved in the claim.

p. Massachusetts General Laws, Chapter 62C, Section 49A (REAP): The Attention of all Bidders is drawn to the provisions of Massachusetts General Law 62C, Section 49A which requires Contractors to certify that they have filed all state tax returns and have paid all required state taxes. The Department will furnish a blank certification form which, will be completed by the Contractor, signed and incorporated into the Contract. This attestation must be provided at the time of issuing, renewing or extending the contract. It is to be noted that submission of the social security or federal identification number is strictly voluntary and no contract may be denied because this information was not provided.

q. Executive Order 130 (Anti Boycott Covenant): The Contractor warrants, represents and agrees that during the time this contract is in effect, neither it nor any affiliated company, as hereafter defined, participates in or cooperates with an international boycott, as defined in Section 999 (b),(3) and (4) of the Internal Revenue Code of 1954, as amended, or engages in conduct declared to be unlawful by Section 2 of Chapter 151E, Massachusetts General Law.

If there shall be a breach in the warranty, representation and agreement contained in this paragraph, then without limiting such other rights as it may have, the Commonwealth shall be entitled to rescind this contract. As used herein, an affiliated company shall be any business entity of which at least 51% of the ownership interests are directly or indirectly owned by the Contractor or by a person or persons or business entity or entities directly or indirectly owning at least 51% of the ownership interests of the Contractor.

r. EXECUTIVE ORDER 195 Right to Examine Records: Executive Order 195, signed by Governor Edward J. King, on April 27, 1981: "The Governor or his designee, the secretary of administration and finance, and the state auditor or his designee shall have the right at reasonable times and upon reasonable notice to examine the books, records and other compilations of data of (vendor) which pertain to the performance of the provisions and requirements of this contract."

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

t. Executive Order No. 213: Employment Opportunities through State Contracts WHEREAS, the Commonwealth administers and funds various programs of public assistance;

and WHEREAS, it is in the interest of the Commonwealth and the recipients of public assistance that such recipients secure employment and thereby become economically self sufficient;

and WHEREAS, the Commonwealth spends hundreds of millions of dollars annually to contract with private providers for a vast array of health, social and other services; and WHEREAS, these private contractors hire thousands of employees to provide these critical services; and WHEREAS, it is the policy of the Commonwealth to provide as many job opportunities as possible to recipients of public assistance;

NOW, THEREFORE, I, EDWARD J. KING, Governor of the Commonwealth, by virtue of the authority vested in me as Supreme Executive Magistrate by the Constitution and the statutes of the Commonwealth, do hereby order as follows:

(I) Subject to regulations to be promulgated by the Commissioner of Administration, as hereunder provided, every agency, bureau, board, commission, institution, and department of the Executive Branch of the Commonwealth shall include the following requirement in solicitations of bids, contracts, or agreements, having an effective date on or after July 1,1982 or solicitations of bids, contracts, or agreements, entered into subsequent to the effective date of said regulations for the provision of paid services entered into with a private contractor who employs under contract(s) with the Commonwealth a total of twenty (20) or more persons: (1) at least 5 percent of the total number of the contractor's employees working under all of its contract(s) with the Commonwealth must have been recipients of public assistance program(s) administered by the Department of Public Welfare.

(II) In complying with the above clause, however, no contractor shall be required to lay off or release existing employees to meet the 5 percent requirements. It is expected that expansion and normal attrition will provide the vacancies necessary to meet the 5 percent requirement.

(III) The Commissioner of Administration shall promulgate regulations to carry out the purposes of this Executive Order. Such regulations may include Provisions: (1) Specifying the procedures by which the Department of Public Welfare will refer qualified recipients to the contractor; (2) Creating exemptions for those specific positions requiring skills or professional levels not available in the public assistance recipient groups; (3) Specifying the method by which a contractor not meeting the 5 percent requirement upon initial performance will achieve compliance, and establishing time limits therefore; (4) Specifying the method by which the contractor shall report on its compliance with this Order; (5) Specifying the conditions under which the contract may be terminated for non compliance; and (6) Specifying any other conditions or procedures necessary to carry out the purpose of this Executive

Order; (7) In specified cases, the Commissioner of Administration may grant provider waivers.

(IV) All contracting state agencies are hereby directed to cooperate fully with the Commissioner of Administration in the implementation of this Order, and to provide all information requested by the Commissioner.

(V) All contracting state agencies shall file a report with their executive offices as well as the Commissioner of Administration six months after promulgation of the regulations under this Executive Order, and then annually thereafter, stating the degree of compliance with the Order, whether the purpose of the Order has been accomplished, and any recommendations for change.

(VI) The Commissioner of Administration shall report to the Governor on the degree of compliance with this Executive Order, whether the purpose of the Order has been accomplished, and any recommendations for change. Any additional project costs or contract changes must be approved by the MassWildlife Chief Financial Officer in writing.

Pre-Bid Conference:

No bidders conference is planned. Prospective bidders are encouraged to visit the site. The location of the artificial hibernaculum is roughly 42.344100, -72.234529 and will be flagged.

Questions: MassWildlife will transmit to all prospective Bidders of record such Addenda as it considers necessary in response to questions received about the project. Oral statements may not be relied upon and will not be binding or legally effective. All questions concerning this bid should be submitted to the contract administrator (James Burnham, Program Coordinator: james.burnham@mass.gov ) in writing.

To receive consideration, questions must be received by the contract administrator at least four days prior to the bid due date. Interpretations or clarifications considered necessary by MassWildlife in response to such questions will be issued by Addenda to all parties recorded by MassWildlife as having received the Bidding Documents not later than three days prior to the bid due date. Only questions answered by Addenda will be binding. Oral and other interpretations of clarifications will be without legal effect.

Bid Due Date:

Written Quotes should be submitted using the Mandatory Bid Sheet provided with this request. Written Quotes must be submitted no later than 9:00 am EST on May 28, 2025. There is no formal public bid opening for this project.

Quotes should be submitted by email to: james.burnham@mass.gov

All responses must include each of the documents listed below. BE SURE TO INCLUDE ALL ITEMS LISTED

HERE OR YOUR RESPONSE MAY BE FOUND TO BE INCOMPLETE AND NON- RESPONSIVE.

1) Completed Mandatory Bid Sheet

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

3) Contractor Authorized Signatory Listing, completed and signed by the Contractor (Appendix D)

Required Procurment Forms:

Projects shall not commence until all required procurement forms have been submitted to MassWildlife by the Contractor. Procurement forms are not required with bid response.

The winning Contractor(s) will be required to submit the following items upon award:

1) Construction Contract Form to be provided by awarding authority

2) Commonwealth Terms and Conditions – incorporated by reference

3) Commonwealth W-9 tax information form filled out and signed by the respondent

4) Proof of liability insurance coverage as outlined in this RFQ

5) Electronic Funds Transfer form (if not already on file)

6) Within 10 days after presentation thereof by the awarding authority, furnish a labor and materials or payment bond for any contract totaling $25,000.00 or more, from a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and in the sum of 50% of the contract price, payable to the Division of Fisheries and Wildlife, in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash. [M.G.L. c. 149, §44A(2)(C) and M.G.L. c. 30, §39M(a)].

8) A performance bond in the amount of 100% of the contract price. The performance bond shall be in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash.

9) Revenue Enforcement and Protection Certification (REAP) in accordance with M.G.L. c. 62C, s49A and certificate of good standing.

10) Certificate of Compliance with MA Employment Security Law (M.G.L. c. 151A, s. 19A(b))

COMMONWEALTH OF MASSACHUSETTS PUBLIC EMPLOYMENT LAWS

The Contractor's attention is directed to Massachusetts General Laws, Chapter 149, Sections 25 through 27H, and 150A. This contract is considered to fall within the ambit of that law, which provides that in general, the Prevailing Rate or Total Rate must be paid to employees working on projects funded by the Commonwealth of Massachusetts or any political subdivision including Massachusetts Highway Department.

A Federal Aid project is also subject to the Federal Minimum Wage Rate law for construction. When comparing a state minimum wage rate, monitored by the Massachusetts' Attorney General, versus federal minimum wage rate, monitored by the U.S. Department of Labor's Wage and Hour Division, for a particular job classification the higher wage is at all times to be paid to the affected employee.

Every contractor or subcontractor engaged in this contract to which sections twenty-seven and twenty-seven A apply will keep a true and accurate record of all mechanics and apprentices, teamsters, chauffeurs and laborers employed thereon, showing the name, address and occupational classification of each such employee on this contract, and the hours worked by, and the wages paid to, each such employee, and shall furnish to the PAB's Resident Engineer, on a weekly basis, a copy of said record, in a form approved by PAB and in accordance with M.G.L.c. 149, § 27B, signed by the employer or his/her authorized agent under the penalties of perjury.

Each such contractor or subcontractor shall preserve its payroll records for a period of three years from the date of completion of the contract.

The Prevailing Wage Rate generally includes the following:

Minimum Hourly Wage + Employer Contributions to Benefit Plans = Prevailing Wage Rate or Total Rate Any employer who does not make contributions to Benefit Plans must pay the total Prevailing Wage Rate directly to the employee.

Any deduction from the Prevailing Wage Rate or Total Rate for contributions to benefit plans can only be for a Health & Welfare, Pension, or Supplementary Unemployment plan meeting the requirements of the Employee Retirement Income Security Act (ERISA) of 1974. The maximum allowable deduction for these benefits from the prevailing wage rate cannot be greater than the amount allowed by Executive Office of Labor (EOL) for the specified benefits. Any additional expense of providing benefits to the employees is to be borne by the employer and cannot be deducted from the Minimum Hourly Wage. If the employer's benefit expense is less than that so provided by EOL the difference will be paid directly to the employee. The rate established must be paid to all employees who perform work on the project.

When an employer makes deductions from the Minimum Hourly Wage for an employee's contribution to social security, state taxes, federal taxes, and/or other contribution programs, allowed by law, the employer shall furnish each employee a suitable pay slip, check stub or envelope notifying the employee of the amount of the deductions.

No contractor or subcontractor contracting for any part of the contract week shall require or permit any laborer or mechanic to be employed on such work in excess of eight hours in any calendar day or in excess of forty hours in any workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours.

Apprentice Rates are permitted only when there is an Apprentice Agreement registered with the Massachusetts Division of Apprentice Training in accordance with M.G.L. c. 23, § 11E-

The Prevailing Wage Rates issued for each project shall be the rates paid for the entire project. The Prevailing Wage Rates must be posted on the job site at all times and be visible from a public way.

MANDATORY BID SHEET

DFW-2025-076

Hibernaculum Construction at Muddy Brook WMA, Hardwick, MA

The undersigned proposes to furnish all labor and materials required for “Hibernaculum Construction at Muddy Brook WMA” (DFW-2025-076) in Hardwick, Massachusetts in accordance with the Contract Documents prepared by MassWildlife for the contract price specified below, subject to additions and deductions according to terms of the specifications.

This bid includes addenda no(s). : _______

Base Bid (lump sum): $_______________________

Base Bid Offer (Written in Words)

Alternate No. 1:

Provide and install 130’ long 6’ tall chain link fence (lump sum)… ……………………………$__________

Other Additional Costs (give detailed description on a separate sheet for any additional costs associated with this project site that are not included above, including site access improvements. MassWildlife will only pay additional authorized costs specified in your response to this invitation for bids.)

TOTAL BID (Total Base Bid + Alternate No. 1 + All Additional Costs)

REQUIRED Logistics: Provide a detailed list of the equipment selected, explain why this equipment was selected, and describe how it will be used to complete the excavation and hibernaculum construction.

Contractors must also submit a document describing their company containment policies and procedures as well as relevant employee training as it would relate to the Contractor’s preparedness to respond to a hazardous materials spill (e.g., hydraulic fluid, diesel fuel, engine oil). Use additional sheets as needed.

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

Request for Written Quotes.

BUSINESS REFERENCE FORM

The bidder shall supply MassWildlife, as part of their bid package, a statement of their qualifications to conduct the type of work required under this RFQ. 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: ______________________________________________________________________________

RFQ Name/Title: _______________________________________________________________________

RFQ Number: _________________________________________________________________________

Reference name:_____________________________________ Contact: __________________________

Address: ________________________________________ Phone: # ( ) ____________________

Fax/Internet address: ___________________________________________________________________

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