35 X197577 Bat Survey Requirements

SPECIFICATIONS

I. SCOPE OF :

The Pennsylvania Department of Environmental Protection (Department), Bureau of Abandoned Mine Reclamation, requires the services of a Contractor to conduct surveys of mine openings (portals, shafts, cropfalls, etc.) and structures (bridges, culverts, buildings, etc.) for habitation of federally and state listed threatened and endangered bat species including but not limited to Indiana Bats and Northern Long-eared Bats.

Bat surveys are typically performed in abandoned mine openings located in surface and underground mine areas. These areas present hazards including, but not limited to, steep high walls, hazardous water bodies, unstable ground, mine openings, and the potential for dangerous mine gasses.

Questions concerning the technical aspects of the Specifications should be directed to Vince Brinkmeyer, P.G., at 717.783.9160 or vbrinkmeye@pa.gov.

Questions concerning the contracting or bidding procedures should be directed to Lizzy Michel at 717.783.2267 or emichel@pa.gov.

II. CONTRACT TASKS:

The Contractor shall perform intensive investigations of mine openings once the Department personnel have determined that specific abandoned mine opening(s) meet the bat habitat criteria, as stated in the following United States Fish and Wildlife Service (USFWS) and Pennsylvania Game Commission (PGC) resources:

• Pennsylvania Protocol for Assessing Potential Bat Hibernacula (Appendix A);

• Pennsylvania Mine Portal Closure Guidelines (Appendix B);

• 2024 PGC Bat Surveyor Packet (Appendix C); and

• March 2024 USFWS Range-wide Indiana Bat and Northern Long-eared Bat Survey Guidelines and associated supplements (Appendix D).

In all cases, the Contractor shall perform bat surveys that are consistent with Appendix A, Appendix B, Appendix C, Appendix D, and any future revisions thereto which are mandated by the PGC and/or the USFWS.

SPECIAL CONTRACT TASK NOTES:

1. Spring bat surveys are not permissible in Pennsylvania.

2. All requirements for Indiana Bats shall also apply to Northern Long-eared Bats. Any additional specific and/or more stringent requirements provided in the March 2024 USFWS Range-wide Indiana Bat and Northern Long-eared Bat Survey Guidelines shall apply to the contract. The Contractor is responsible for receiving USFWS and/or PGC approval for any variances from that agency’s protocols/guidelines.

GENERAL CONTRACT TASK SEQUENCE:

The Department shall notify the Contractor, in writing, when a bat survey is to be conducted and shall provide the Contractor with a location map, approximate latitude and longitude, and mine opening description.

The Contractor shall complete all bat surveys within the permissible window of September 15 to October 31. The Contractor is responsible for obtaining property owner consent for entry to perform the work.

The Contractor shall submit the PGC reports as outlined in the 2024 PGC Bat Surveyor Packet (Appendix C) within 90 calendar days of completing the bat survey(s).

The Contractor shall submit a written report to the Department within 30 calendar days of completing the bat survey(s). The report for each bat survey shall include the following:

1. Day and time of bat survey(s).

2. Survey method.

3. Species.

4. Sex.

5. Reproductive condition.

6. Numbers.

7. Whether any of the species are on a threatened or endangered Federal or State list.

8. Recommendation on opening closure method.

9. Attach applicable Data Sheet(s) from March 2024 USFWS Range-wide Indiana Bat and Northern Long-eared Bat Survey Guidelines.

III. CONTRACTOR QUALIFICATIONS:

It is strongly recommended that the Contractor possess experience with the hazards associated with this type of working environment, as outlined in the scope of work, and that the Contractor exercises caution and properly implements appropriate and commensurate safety measures when conducting bat surveys.

The Department will request documentation, after the bid opening and prior to award of the Contract, which demonstrates the Contractor meets the following qualifications:

1. The Contractor must be designated or registered as a Qualified Bat Surveyor by PGC and USFWS PA field office.

2. The Contractor must have at least two years of demonstrated experience in performing bat surveys in general accordance with the standards, guidelines, and references herein.

IV. INSURANCE REQUIREMENTS:

The Contractor shall provide the following:

1. Workmen’s Compensation Liability Insurance sufficient to cover all the employees of the Contractor working to fulfill this Contract.

2. Comprehensive General Liability Insurance, including bodily injury and property damage insurance, to protect the Commonwealth and the Contractor from claims arising out of the performance of the Contract. The amount of bodily injury insurance shall not be less than $300,000 for injury or death of persons per occurrence. The amount of property damage insurance shall not be less than $300,000 per occurrence.

3. Automotive Liability Insurance, including bodily injury and property damage insurance to protect the Commonwealth and the Contractor from claims arising out of the performance of the Contract. The amount of bodily injury insurance shall not be less than $300,000 for injury or death of persons per occurrence. The amount of property damage insurance shall not be less than $300,000 per occurrence.

Insurance policies shall name the Commonwealth of Pennsylvania as an additional insured. Prior to the commencement of work under this Contract, the Contractor must provide the Department with current Certificates of Insurance. These Certificates shall contain a provision that coverages afforded under the policy shall not be cancelled, or changed, until at least 30 days prior written notice has been given to the Commonwealth.

V. CONTRACT REQUIREMENTS:

Contractor agrees to comply with Appendices A, B, C, and D as attached and noted above. In addition, Contractor agrees to comply with Appendix E – Federal Requirements. Any revisions or additions to the established bat survey protocols shall be discussed by the Contractor and the Department.

VI. BID AWARD:

The Contract will be awarded to the lowest responsive and responsible bidder meeting all requirements.

The bid award shall be based on the cost per night required for each bat survey. Two rates shall be provided – one rate for Standard Bat Surveys and one rate for Specialty Bat Surveys. The per night charge shall include all labor, equipment, travel, and any other related expenses required for completion of the required tasks, which will each be considered incidental to the per night charge.

* A Standard Bat Survey is based on a minimum of one night per week for 6 weeks as outlined in the attachments. There may be instances that Standard Bat Surveys consist of more or less than the six-night standard.

* Specialty Bat Survey(s) are any specialty bat services that do not fall under the definition of a Standard Bat Survey. Examples of Specialty Bat Surveys include, but not limited to, building surveys, genetic testing, night vision camera surveys, etc.

VII. CONTRACT TERM:

The Contract shall commence upon the execution of a Purchase Order and terminate June 30, 2027. Further, the parties hereto may agree to renew this agreement for up to four (4) additional consecutive annual terms (July 1 through June 30), with a final termination date of June 30, 2031, upon the same terms and conditions set forth in the Contract.

VIII. PAYMENT TERMS:

Payment shall be made on a reimbursement basis for services performed. Bat surveys will be paid on a per night basis.

Payment will only be made after bat survey results and an invoice are received by the Department.

IX. ESTIMATED QUANTITIES:

The Contract quantities are estimated only and may increase or decrease depending on the needs of the Department. The Contractor shall be paid at the unit price bid for actual services performed.

The bat survey costs may be renegotiated if any revisions are made (by the Department, PGC, and/or USFWS) to the bat survey requirements which significantly increases or decreases the amount of work required by the Contractor.

X. BID SUBMISSION:

a) All Bids must be submitted electronically through the Department of General Services’ (DGS) eMarketplace website. The eMarketplace website is located at http://www.emarketplace.state.pa.us. DEP is not responsible for the maintenance of the eMarketplace website.

b) DGS’s Supplier Service Center (https://www.dgs.pa.gov/Materials-Services-Procurement/Supplier-Service-Center/ Pages/default.aspx) is available to assist vendors with registration, bidding, and account management. For questions regarding registration help, send an email to RA-PSC_Supplier_Requests@pa.gov or call (877) 435-7363, choose option 1. For questions regarding bidding help, send an email to srmhelp@pa.gov or call (877) 435-7363, choose option 2.

c) DEP is not responsible for the support or functionality of any Department of General Services website. SB Procurement Reference Guide