Bid Package~8.pdf

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY &

SECURITY

DEPARTMENT OF CORRECTION

50 MAPLE STREET, SUITE 3

MILFORD, MA 01757

C. 30 Bid Package

Project Number: DRM 2026-80 Project Name: Solar Canopy Parking Surface Course Paving and Line Striping

COMMONWEALTH OF MASSACHUSETTS

INSTRUCTIONS TO BIDDERS

Awarding Authority:

MA Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757

Information for Bidders Information Project Number: DRM 2026-80 Project Name: Solar Canopy Parking Surface Course Paving and Line Striping Project Scope: Paving and line striping of solar canopy parking lot.

Project Location: DOC HQ, 50 Maple Street, Milford, MA 01757 Designer: DRM Estimated Value: $130,000.00 Completion Time: October 30, 2026 Liquidated Damages:

$1,000.00/day

DCAMM Category of Work:

N/A

Plans & Specs: Date: August 25, 2026

Time: 12:00PM

Email: DOC-drmbidrequests@doc.state.ma.us

Bid Intent Form: Date: September 11, 2026

Time: 12:00 PM

Email: DOC-drmbidrequests@doc.state.ma.us

Site Visit Information:

Mandatory: Yes

Date: September 16, 2026

Time: 9:00AM

Location: DOC HQ, 50 Maple Street, Milford, MA 01757

Questions Due By: Date & Time: September 18, 2026, 2:00PM

Email: Kenneth.Pinarreta@doc.state.ma.us

Deadline for Sub- Bids:

Date: N/A

Time: N/A

Deadline for General Bids:

Date: September 24, 2026

Time: 2:00PM

Department Contract Manager Contact:

Name: Katherine Brosnihan

Phone: 508-422-3311

Email: Katherine.a.brosnihan@doc.state.ma.us

Department Project Manager Contact:

Name: Kenneth Pinarreta

Phone: 508-936-8647

Email: Kenneth.Pinarreta@doc.state.ma.us

The minimum wage rate requirements for this Contract are located in Attachment A to these Instructions to Bidders.

Pursuant to M.G.L. c. 30, §39S(a) (2) all employees to be employed on the project must have successfully completed a course in construction safety and health approved by OSHA and of at least 10 hours in duration.

The Contractor must provide written verification as detailed in the General Conditions of compliance with Federal Department of Homeland Security Requirements, including but not limited to the Employment Eligibility Verification (Form I-9) Process.

The Minority Business Enterprise and Women Business Enterprise (MBE/WBE) participation goal for this Contract is a combined goal of: 13%. The combined goal requires a reasonable representation of both MBE and WBE firm participation on the project as further set forth in Section 8 below and the general conditions of the contract.

The applicable minority workforce utilization percentage is: 15.3%.

The applicable women workforce utilization percentage is: 6.9%.

The Commonwealth encourages the participation of Service-Disabled Veteran-Owned Business Enterprises (“SDVOBE”) on its construction projects. The benchmark for SDVOBE participation on the Project is 3%.

Liquidated damages for failure to complete work on time are as stated in Article 9 of the Owner - Contractor Agreement.

Bidding Specifications can be obtained by contacting the Division of Resource Management at DOC-DRMbidrequests@doc.state.ma.us.

As used herein, capitalized terms shall have the meaning assigned to them in the General Conditions of the Contract and the Owner - Contractor Agreement unless the context clearly indicates otherwise.

SECTION I - BIDDER'S REPRESENTATION

1.1 Each bidder (hereinafter sometimes referred to as "Bidder) by making a

(hereinafter sometimes referred to as "Bid") represents and warrants that Bidder has visited and examined the Site and the Contract Documents, that Bidder is familiar with the local conditions under which the Work is to be performed, that Bidder has correlated personal observations with the requirements of the Contract Documents, and that where the Contract Documents require, in any part of the Work, a given result to be produced, the Contract Documents are adequate and that Bidder will produce the required result within the Bid price and that the Bid is made in accordance therewith.

1.2 Failure to so examine the Contract Documents and the Site will not relieve any

Bidder from any obligation under the Bid as submitted. Neither the Commonwealth nor the Designer will be responsible for errors, omissions and/or charges for extra work arising from Bidder's failure to familiarize itself with the Contract Documents or existing conditions.

SECTION 2 – Intentionally omitted

SECTION 3 -- REQUESTS FOR INTERPRETATION

3.1 Any questions by prospective Bidders concerning interpretation of the Contract

Documents must be submitted in writing to the Awarding Authority and should be in its possession at least three working days before the date set for the receipt of general Bids. The Awarding Authority will email any addenda or written interpretations that it deems necessary to Bidders who have taken out plans at the email address given by them before the date set for the receipt of affected Bids. Bidders may not rely upon oral communications or interpretations from the Awarding Authority or the Designer and the Awarding Authority shall not be bound by them.

3.2 It is the sole responsibility of the Bidder to ascertain the existence of any addenda issued by the Awarding Authority, whether or not the same are mailed to, or received by, Bidder. Copies of addenda will be made available for inspection at the locations listed in the Advertisement where the Contract Documents are on file.

3.3 Wherever in the Contract Documents reference is made to Massachusetts General Laws, it shall be construed to include all amendments thereto effective as of the date of the issuance of the invitation to bid on the proposed work.

SECTION 4 -- PREPARATION OF BIDS; ALTERNATES

4.1 General Bids shall be submitted on the Form for General Bid included in

Attachment B to these Instructions to Bidders.

4.2 All entries on the Bid form shall be typewritten or in ink.

4.3 Where so indicated on the Bid form, sums shall be expressed in both words and numerals. Where there is a discrepancy between the Bid sum expressed in words and the Bid sum expressed in figures, the Bid sum expressed in words shall control unless the intention of the Bidder clearly is otherwise as determined by the Awarding Authority in its sole discretion.

4.4 Each Bidder shall acknowledge all required alternates in Section C on the Form for General Bid by entering the dollar amount of addition or subtraction necessitated by the alternate. General Bidders shall enter on the Form for General Bid a single amount for each alternate that shall consist of the amount for all of the work required by the Alternate.

4.5 If an alternate includes work within the Bidder's scope of work and does not involve a change in the cost of the Bid, the Bidder shall so indicate by writing "No Change" or "N/C" or "0" in the space provided for that alternate.

4.6 The lowest Bidder will be determined on the basis of the sum of the base Bid and the accepted alternates.

4.7 Each Bid must be accompanied by a bid deposit in the form of a bid bond; cash;

or a check certified by, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the Commonwealth of Massachusetts. Any bid bond shall be (a) in a form satisfactory to the Awarding Authority, (b) with a surety company qualified to do business in the Commonwealth and (c) conditioned upon the faithful performance by the principal of the agreements contained in the Bid.

4.8 The amount of such bid deposit shall be 5% five per cent of the value of the Bid including alternates for projects exceeding $50,000.

SECTION 5 - SUBMISSION OF BIDS

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

General Bid for: DRM Project No.:

Title:

General Bidders name, business address, and telephone number.

5.2 All Bids must be received by the Awarding Authority at the address specified on page 1 of these Instructions to Bidders no later than the applicable date and time specified on page 1 of these Instructions to Bidders. Any Bid not received by the applicable deadline will not be accepted.

5.3 Bidding results be posted on www.commbuys.com by 1:00 PM of the day following the Bid opening. Bidding results will not be given over the telephone prior to 1:00 PM of the day following the Bid opening.

SECTION 6 - WITHDRAWAL OF BIDS; REJECTION OF BIDS

6.1 Any Bid may be withdrawn prior to the specified deadline for the receipt of Bids provided that the withdrawal shall be made by a written request signed by a person having the authority to bind the Bidder. The written request must be hand delivered or otherwise delivered to the Awarding Authority’s Bid Room addressed to the attention of the Bid Room Manager and must be received on or before the date and time appointed as the deadline for the receipt of Bids.

6.2 A Bidder may withdraw its Bid without penalty at any time up to the time of

Award as defined below in subsection 8.1 only upon demonstrating to the satisfaction of the Awarding Authority that a death or disability has occurred or a bona fide clerical or mechanical error of a substantial nature was made during the preparation of the bid. Failure to demonstrate conclusively that a bona fide clerical or mechanical error of a substantial nature was made may result in forfeiture of the Bid deposit.

6.3 The Awarding Authority reserves the right to waive any informality in or to reject any and all Bids if it is in the public interest to do so. Without limiting the foregoing, the Awarding Authority reserves the right to reject unit prices which it deems unduly high or unduly low as unbalanced.

SECTION 7 – MBE/WBE and SDVOBE PARTICIPATION

7.1 The apparent low Bidder's compliance with the requirements of this Section 8 is a prerequisite for receiving the Award of the Contract.

7.2 The Supplier Diversity Office (“SDO”) certified Minority Business Enterprise (“MBE”) and Women Business Enterprise (“WBE”) (collectively “MBE/WBE”) and SDVOBE participation goals for this Contract are as set forth on the second page of these Instructions to Bidders. The successful Contractor must utilize a mix of both MBE and WBE firms whose participation, when added together, meets the overall combined goal set for the Contract. It is important that both http://www.commbuys.com/

MBE and WBE firms have an opportunity to work on public projects with a combined MBE/WBE goal. Therefore, projects with a combined goal must include a reasonable representation of both MBE and WBE firms to meet the combined goal. If the Contractor is itself an MBE or WBE, MBE or WBE participation credit shall be given in an amount equal to the entire Contract Price less the value of the work actually performed by other MBE or WBE firms on the Contract. If the Contractor is not an MBE or WBE, then MBE/WBE participation credit will be given for the value of the work that is actually performed by each MBE or WBE subcontractor or sub-subcontractor. Although the Contract contains a combined goal, participation by MBE and WBE firms must be reported and tracked separately.

7.3 The Awarding Authority reserves the right to waive any provision or requirement of this Section if the Awarding Authority determines that such waiver is justified and in the public interest. No such waiver shall be effective unless in writing and signed by a representative of the Awarding Authority's Contract Office or the Office of its General Counsel. No other action or inaction by the Awarding Authority shall be construed as a waiver of any provision of this Article.

7.4 A Schedule for Participation must be submitted as part of the general bid or within five (5) business days of bid opening in order to meet the MBE/WBE participation goals.

SECTION 8 -- CONTRACT AWARD

8.1 "Award" means the determination, selection, and notification of the lowest, responsible and eligible Bidder by the Awarding Authority.

8.2 The Awarding Authority will award the Contract 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 as determined by the Awarding Authority, except in the event of substitution as provided under M.G.L. c.l49, sections 44E and 44F, in which cases the procedure as required by said sections shall govern the award of the Contract.

8.4 As used herein, the term "lowest responsible and eligible Bidder" shall mean the

General Bidder whose Bid is the lowest of those Bidders who, in the Awarding Authority's opinion, are ready, willing and able to comply with all requirements of the Contract Documents and demonstrably possess the skill, ability, and integrity necessary for the faithful performance of the Work, based on the determination of past performance and financial soundness under (i) M.G.L.

c.l49 §44A and following sections, (ii) the rules, regulations, orders, guidelines and policies promulgated from time to time by the Commissioner of the Division of Capital Asset Management and Maintenance ("DCAMM") and (iii) any other relevant criteria that the Commissioner may prescribe.

8.5 The General Bid price shall be the price set forth in paragraph C of the Form for General Bid. No Bid shall be rejected (i) because the sum of the prices set forth in Item 1 and 2 does not equal the general Bid price set forth in said paragraph C or (ii) because the plans and specifications do not accompany the Bid or are not submitted with the Bid.

8.6 Should the Contract Documents require submission of special data to accompany the Bid, the Awarding Authority reserves the right to rule the Bidder's failure to submit such data an informality and to receive said data subsequently within a reasonable time as set by the Awarding Authority, provided that no such ruling shall result in an unfair advantage to the Bidder.

SECTION 9 - EXECUTION OF CONTRACTS

9.1 Upon receipt of the Award, the General Bidder awarded the Contract shall submit the following documents prior to execution of the Contract by the Awarding Authority. All such documents shall be in the form prescribed by the Awarding Authority.

• Owner-Contractor Agreement

• Certificate of Corporate Vote

• Joint Venture Authorization (if appropriate)

• Payment Bond with power of attorney attached

• Certificates of Insurance evidencing coverage in amounts required by the

Contract Documents

• Any other documents that the Awarding Authority may reasonably require in connection with the Contractor's execution of the Contract.

9.2 Please note that no part of the Contractor's work may be subcontracted without the prior written approval of the Awarding Authority. If the Contractor desires to subcontract any part of the Work, , the Contractor must promptly forward to the Awarding Authority a list in triplicate designating the work to be performed and the name of each proposed subcontractor for approval by the Awarding Authority. Approved subcontractors are eligible for direct payments under M.GL. 30, s. 39F, as amended. Material suppliers not involving site labor need not be submitted for approval.

SECTION 10 - RETURN OF BID DEPOSITS

10.1 All Bid deposits of Bidders, except those of the three (3) lowest responsible and eligible general Bidders, shall be returned after the opening of the general Bids.

The Bid deposits of the three (3) lowest responsible and eligible 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, s. 44A for making an award; except that, if any Bidder fails to perform its agreement to execute the Contract and furnish Performance and Payment Bonds as stated in its Bid, then said 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.

10.2 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.

ATTACHMENT A

PREVAILING WAGE SCHEDULE

The minimum wage rates included in this package have been provided by the Division of Occupational Safety of the Massachusetts Department of Labor and Workforce Development. The Awarding Authority is not responsible for errors or omissions in such wage rates.

You can find the Wage Rates at www.commbuys.com under the “Attachments” Tab for this solicitation.

M.G.L. c. 149, s. 26 and 27 provide as follows:

". . . Payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans under collective bargaining agreements or understandings between organized labor and employers shall be included for the purpose of establishing minimum wage rates as herein provided.

. . . The aforesaid rates of wages in the schedule of wage rates shall include payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans as provided in said section twenty-six, and such payments shall be considered as payments to persons under this section performing work as herein provided. Any employer engaged in the construction of such works who does not make payments to a health and welfare plan, a pension plan and a supplementary unemployment benefit plan, where such payments are included in said rates of wages, shall pay the amount of said payments directly to each employee engaged in said construction " http://www.commbuys.com/

ATTACHMENT B

Massachusetts Department of Correction Division of Resource Management

50 Maple Street, Suite 2 Milford, MA 01757

COMMONWEALTH OF MASSACHUSETTS

FORM FOR GENERAL BID

For M.G.L. c. 30, §39 M Public Works Projects.

The following must be attached to or inserted into this Bid:

1. Form for General Bid

2. Schedule for Participation by Minority/Women Business Enterprises

3. Complete Statement of Prior Relevant Experience, Facilities, Equipment, References and any other information called for as further set forth in Project Specifications.

4. Bid deposit meeting the requirements of Section 4.7 and 4.8 of the Instructions to Bidders.

FORM FOR GENERAL BID

To the Awarding Authority: Department of Correction

The undersigned proposes to furnish all labor and materials required for Project No.

____________________, Project Name:___________________ in in accordance with the accompanying plans and specifications prepared by the Department of Correction for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered

C. The proposed contract price is

(Total bid in words)

For Alternate No. 1: Add $_______________ Subtract $________________

For Alternate No. 2: Add $_______________ Subtract $________________

For Alternate No. 3: Add $_______________ Subtract $________________

For Alternate No. 4: Add $_______________ Subtract $________________

For Alternate No. 5: Add $_______________ Subtract $________________

Name of General Bidder ________________________________________________

D. The undersigned agrees that, if it is selected as general contractor, it will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price.

The undersigned hereby 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 on the work: 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 (OSHA) that is at least ten 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: and that he will comply fully with all laws and regulations applicable to awards made subject to section 39M of Chapter 30 of the General Laws.

The undersigned further certifies under penalties of perjury that the undersigned is not debarred from doing public construction work under any law, rule or regulation of the federal government.

The undersigned hereby declares that the undersigned has carefully examined the Advertisement, Instructions to Bidders, Owner - Contractor Agreement, General Conditions of the Contract, Special Conditions (if any), Plans and Specifications, all other Contract Documents, and also the Site upon which the proposed work is to be performed. The undersigned further declares that in regard to the conditions affecting the work to be done and the labor and materials needed, this proposal is based solely on the undersigned's own investigation and research and not in reliance upon any representation of any employee, officer or agent of the Commonwealth

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;

• we are the only persons interested in this proposal;

• that it is made without any connection with any other person making any bid for the same work and without directly or indirectly influencing or attempting to influence any other person to bid to refrain from bidding or to influence the amount of the bid of any other person or corporation;

• that no person acting for, or employed by, the Commonwealth of Massachusetts is directly or indirectly interested in this proposal, or in any contract which be made under it, or in expected profits to arise therefrom.

• As used above the word "person" shall mean natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned certifies that it shall comply with the provisions of the Equal Employment Opportunity, Non-Discrimination, and Affirmative Action Program set forth in the General Conditions of the Contract.

Should the Contract Documents require submission of special data to accompany the bid, the Awarding Authority reserves the right to rule the bidder's failure to submit such data an informality and to receive said data subsequently within a reasonable time as set by the Awarding Authority.

Date______________________, 20___.

(Name of General Bidder)

By____________________________________________________

(Name of Person Signing Bid and Title)

(Business Address)

(City and State)

(Telephone Number)

(Facsimile Number)

(e-mail Address)

(Website)

The following information is furnished by the Bidder for the information of the Department of Correction.

Bidder’s Vendor Code or TIN#_______________________________________________ Is Bidder a corporation? ____ If so, incorporated in what state?_____________________ President________________________________________________________________ Secretary or Clerk ________________________________________________________ Treasurer________________________________________________________________ If Bidder is a foreign corporation, is it registered to do business in Massachusetts?______ If Bidder is a foreign corporation and is selected, Bidder is required under M.G.L. c. 30, s. 39L to obtain from the Massachusetts Secretary of State, One Ashburton Place, 17th floor, a certificate stating that the corporation is registered to do business in Massachusetts, and to furnish said certificate to the awarding authority prior to the award.

Is Bidder a general partnership or joint venture? _____ If so, name each partner or venturer_________________________________________________________________ Is Bidder a limited partnership? ______________________________________________ Is Bidder registered in Massachusetts? ____ If so, name each general partner __________ If Bidder is a foreign limited partnership and is selected, Bidder is required under M.G.L. c. 30,

s. 39L to obtain from the Massachusetts Secretary of State, One Ashburton Place, 17th floor, a certificate stating that the partnership is registered to do business in Massachusetts, and to furnish said certificate to the awarding authority prior to the award.

For each general partner or venturer that is a corporation, provide the following information (use additional sheets if necessary):

Name of corporation ______________________________________________________ State of incorporation______________________________________________________ President________________________________________________________________ Secretary or Clerk ________________________________________________________ Treasurer________________________________________________________________

Name of corporation ______________________________________________________ State of incorporation______________________________________________________ President________________________________________________________________ Secretary or Clerk ________________________________________________________ Treasurer________________________________________________________________

Is Bidder an individual? ____________________________________________________ Residence Address________________________________________________________ Name under which Bidder does business_______________________________________ Business Address_________________________________________________________

If selected Bidder is an individual doing business under a different name then Bidder must furnish evidence of any required DBA filing