DCR Part I Ch. 30: Instructions to Bidders: 9.1.2026 (FY 2027) Page 1 of 14

Department of Conservation and Recreation

PART I

INSTRUCTIONS TO BIDDERS

CONTRACTS FOR PUBLIC WORKS PROJECTS

AND

FOR BUILDING PROJECTS ESTIMATED TO

COST MORE THAN $25,000 BUT NOT MORE THAN $100,000

SUBJECT TO THE PROVISIONS OF M.G.L. CH. 30 SEC. 39M

DCR Part I Ch. 30: Instructions to Bidders: 9.1.2026 (FY 2027) Page 2 of 14

NOTICE TO CONTRACTORS – M.G.L. C. 30, sec. 39M CONSTRUCTION

ADVERTISEMENT OF INVITATION FOR BIDS

COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CONSERVATION AND RECREATION

10 PARK PLAZA, SUITE 6620, BOSTON, MA 02116

PHONE: 617-626-1250

www.mass.gov/dcr

Contract No. P27-3707-C1A Title: Bellevue Pond Dam Rehabilitation Location: Middlesex Fells Reservation, Medford, Massachusetts

GENERAL BID proposals shall be submitted on a form furnished by the Department and will be received by 12:00 PM on Thursday, October 29 through DCR’s E-bid room at www.bidexpress.com/businesses/36765/home.

Individual sets of contract documents will only be available in DCR’s E-bid room at www.bidexpress.com/businesses/36765/home.

If any addenda are issued throughout the open period for this project, DCR will distribute these addenda via Bid Express, which will also email identified prospective at the time plans and specifications are issued.

A pre-bidding conference for prospective bidders will be held on site (80 South Border Road, Medford MA) on Wednesday, Sept 30, 2026, at 12:00 pm. Questions must be received no later than 12:00 pm on Wednesday October 7th, 2026.to Christopher.DeTurk@mass.gov Responses to questions / addendums will be issued on Wednesday , October 14, 2026, The project consists of repairs to the existing weir, stoplog bay, spillway structure, culvert pipe, headwalls, and training walls that have deteriorated over time. Repairs will restore its original function to maintain the pond elevation and control flow through the structure before exiting the culvert. Additionally, the walking path north of the dam has become degraded due to erosion from storm events. The proposed work will improve the path to mitigate future erosion, which will result in safe, level, and defined walking paths and will mitigate the potential for sediment to travel from eroding paths to the pond.

The estimated project cost is $230,515.00

The work is to be accomplished within 365 calendar days of a notice to proceed.

Liquidated damages in the amount of $ 750.00_per day will be assessed if the work has not been completed in accordance with the provisions of the contract within the time specified (as extended by any authorized extension of time granted in accordance with the contract provisions).

http://www.bidexpress.com/businesses/36765/home?agency=true

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Bidders must be pre-qualified by the Massachusetts Dept. of Transportation (MassDOT) Highway Division in Dam Construction to bid on the above project. An award will not be made to a Contractor who is not pre-qualified by MassDOT prior to the opening of Proposals.

The Proposed contract includes a requirement of 0% for MBE (Minority Business Enterprise) 0% for WBE (Women Business Enterprise) and 0% VOBE requirement (Veteran-Owned Business Enterprise).

The applicable local minority workforce utilization percentage is a minimum goal of 15.3%. The applicable local women workforce utilization percentage is a minimum goal of 6.9%.

Each bid must be accompanied by a bid deposit, 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, payable to the Department of Conservation and Recreation in the amount of 5% of the bid.

Each bid must be submitted through DCR’s E-Bid room at www.bidexpress.com/businesses/36765/home. Please ensure that your bid is complete and marked as responsive when submitting through DCR’s Bid room. Any bids found to be incomplete and/or marked unresponsive will be rejected by DCR and will not be considered when awarding the project.

Bids are subject to the provisions of M.G.L. Ch. 30, Sect. 39F, G, H and M inclusive.

Wages are subject to minimum wage rates as per M.G.L. Ch. 149, sections 26 to 27D inclusive. The Department reserves the right to waive any informalities in or to reject any and all bids if it be in the public interest to do so.

Commissioner, Nicole LaChapelle Massachusetts Department of Conservation and Recreation http://www.bidexpress.com/businesses/36765/home?age

DCR Part I Ch. 30: Instructions to Bidders: 9.1.2026 (FY 2027) Page 4 of 14

COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CONSERVATION AND RECREATION

PART I

INSTRUCTIONS TO BIDDERS

CONTRACTS FOR PUBLIC WORKS PROJECTS

SUBJECT TO THE PROVISIONS OF M.G.L. C. 30. SEC. 39M

Awarding Authority:

Department of Conservation and Recreation 10 Park Plaza, Suite 6620, Boston, MA 02116 Telephone: 617-626-1250

DCR Contract No.: P27-3707-C1A

Title: Bellevue Pond Dam Rehabilitation Project Scope: This project includes repairs to the existing weir, stoplog bay, spillway structure, culvert pipe, headwalls, and training walls that have deteriorated over time.

Repairs will restore its original function to maintain the pond elevation and control flow through the structure before exiting the culvert. Additionally, the walking path north of the dam has become degraded due to erosion from storm events. The proposed work will improve the path to mitigate future erosion, which will result in safe, level, and defined walking paths and will mitigate the potential for sediment to travel from eroding paths to the pond.

Deadline for filing general bids is 12:00 P.M. on Thursday October 29, 2026.

The minimum wage rate and truck rate requirements for this Contract are located www.bidexpress.com/businesses/36765/home.

Bid forms for this Contract are located @ www.bidexpress.com/businesses/36765/home.

The Minority, Women & Veterans Business Enterprise participation for this Contract are to be found in the Notice to Contractors section (Part I - Page 2/3).

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The time for completion of the Work is specified in Article 2 of the Department of Conservation and Recreation - Contractor Agreement. Liquidated damages for failure to be completed on time are as stated in Article 8 of the Department of Conservation and Recreation - Contractor Agreement.

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

SECTION 1 - BIDDER'S REPRESENTATION

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

1.3 Pre-Bidding Conference

A. If applicable, a pre-bidding conference for prospective bidders will be held at the date, time and location as specified in the Notice to Contractors section (Part I – page 2/3).

B. At the conference, the project will be discussed in general. It is desirable that all prospective bidders attend. The Contract, Specifications, Drawings, and any other aspects of this project will be explained in response to questions by those attending. For interpretations of questions requiring legal, administrative, or engineering decision, prospective bidders shall comply with Section 3 herein.

SECTION 2 - GENERAL BIDDERS - QUALIFICATION

2.1 Every Bidder must submit the following documents, as required:

Special certification may be required as required by the Department on a contract-specific basis.

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Refer to the Notice to Contractors for the specific qualification requirements of this contract.

SECTION 3 - REQUESTS FOR INTERPRETATION

3.1 Interpretation

A. The Plans and Specifications and other Contract Documents are to be considered together and are intended to be mutually complementary, so that any work shown on the Plans though not specified in the Specifications, and any work specified in the Specifications though not shown on the Plans, is to be executed by the Contractor as a part of this Contract.

B. All things that in the opinion of the Awarding Authority may be reasonably inferred from the Plans, Specifications and other Contract Documents are to be executed by the Contractor. The Awarding Authority shall determine whether the detail Plans conform to the general Plans and Contract Documents.

C. The tables of contents, titles, headings and marginal notes or sub-scripts contained herein are solely to facilitate references, are not intended to be construed as provisions of the Contract, and in no way affect the interpretation of the provisions to which they refer.

D. Where reference is made in the Contract Documents to publications, standards, or codes issued by associations or societies, such reference shall be interpreted to mean the current edition of such publications, standards, or codes, including revisions in effect on the date of the Advertisement, notwithstanding any reference to a particular date. The foregoing sentence shall not apply to the dates, if any, specified with respect to insurance policy endorsement forms.

E. In case of any conflict among the Contract Documents, unless the context clearly otherwise requires, the Contract Documents shall be construed according to the following priorities:

First Priority: Contract Modifications Second Priority: Department of Conservation and Recreation - Contractor Agreement Third Priority: General Conditions of the Contract Fourth Priority: Drawings - Schedules take precedence over enlarged detail Drawings and enlarged Detail Drawings take precedence over reduced scale Drawings; figured dimensions shall prevail over scale.

Fifth Priority: Specifications

3.2 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 five working days before the date set for the receipt of Bids. The Awarding Authority will post to Bid Express any addenda or written interpretations that

DCR Part I Ch. 30: Instructions to Bidders: 9.1.2026 (FY 2027) Page 7 of 14 it deems necessary to Bidders who have taken out plans at the 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.

Written Questions shall be submitted to:

Attn: Christopher DeTurk, Project Manager Department of Conservation and Recreation 180 Beaman Street West Boylston, MA 01583 Email: Christopher.DeTurk@mass.gov

3.3 It is the sole responsibility of the Bidder to ascertain the existence of any addenda issued by the Awarding Authority, all addendums are posted on Bid Express-www.bidexpress.com/businesses/36765/home. Copies of addenda will be made available for inspection at the locations listed in the Advertisement where the Contract Documents are on file.

3.4 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 Bids shall be submitted through the DCR E-Bid room at

www.bidexpress.com/businesses/36765/home?agency=true.

4.2 All Bids submitted thru Bid Express must be deemed responsive by Bid Express to be considered

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 Bid Express by entering the dollar amount of addition or subtraction necessitated by the alternate(s).

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 based on the sum of the base Bid and the accepted alternates.

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4.7 Each bid must be accompanied by a bid deposit, payable to the Department of Conservation and Recreation in the amount of 5% of the bid. Bid Bonds must be submitted electronically, please ensure your company and your bonding agent's company register with one of the Bid Bond agencies affiliated with Bid Express: If you need additional assistance, please call the Bid Express Customer Support Team at 888- 352-2439, available Monday - Friday from 7:00am – 8:00pm (EST). You can also email the team at support@bidexpress.com

4.8 The amount of such bid deposit shall be 5% five per cent of the value of the Bid.

SECTION 5 - SUBMISSION OF BIDS

5.1 Each bid, including the bid deposit, shall be submitted via DCR’s Bid room at www.bidexpress.com/businesses/36765/home?agency=true

5.2 All Bids must be received by the Awarding Authority 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.

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 Robert Boncore, Director of Contracts and Procurement, at 10 Park Plaza, Suite 6620, Boston, MA 02116 or through email at Robert.Boncore@Mass.Gov, 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 9.1 only upon demonstrating to the satisfaction of the Awarding Authority that a death or disability has occurred, or a bona fide clerical error or mechanical error of a substantial nature was made during the preparation of the bid. Failure to demonstrate conclusively that a bona fide clerical error 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 – INSURANCE

7.1 Insurance Generally

A. The Contractor shall take out and maintain the insurance coverages listed in this Section with respect to the operations as well as the completed operations of this Contract. The insurance requirements stipulated shall cover all damage to property, tel:8883522439 tel:8883522439 mailto:support@bidexpress.com

DCR Part I Ch. 30: Instructions to Bidders: 9.1.2026 (FY 2027) Page 9 of 14 whether above or below ground, and shall apply to all the Work to be performed under this Contract. This insurance shall be provided at the Contractor’s expense and shall be in full force and effect for the full term of the Contract or for such longer period as this Article requires.

B. All policies shall be written on an occurrence basis and be issued by companies authorized to write that type of insurance under the laws of the Commonwealth and rated in Best’s Insurance Guide (or any successor thereto or replacement thereof) as having a general policy holder rating of “A” or better and a financial rating of at least “9” or otherwise acceptable to the DCR.

C. The Contractor shall submit two originals of each certificate of insurance, acceptable to the DCR, simultaneously with the execution of this Contract. Certificates shall include:

“Notwithstanding any policy terms or endorsements: DCR Contract Number /Project Name & *DCR is an additional insured as to all policies of insurance, with the exception of workmen’s compensation. In addition, none of the above-referenced insurance coverages shall be cancelled, terminated, or materially modified in any way unless and until 10 (Ten) days advance written notice is given to the DCR. The contractor has paid all premiums.

The Contractor shall submit updated certificates prior to the expiration of any of the policies referenced in the certificates so that the DCR shall at all times possess certificates indicating current coverage. Certificates shall indicate contractual liability coverage, and the Contractor’s Protective Liability coverage is in force. Certificates shall include specific acknowledgment that the coverage set forth in this Section 7 are included in the policies.

7.2 Types and Amounts of Insurance

Contractor’s Commercial General Liability Bodily Injury & 500,000.00 each occurrence Property Damage 1,000,000.00 general aggregate, per project

This policy shall include coverage relating to explosion, collapse, and underground property damage if blasting operations constitute part of the Work to be performed under this Contract.

If the Contract work includes work to be performed within fifty feet of a railroad, any exclusion for liability assumed under contract for work within fifty feet of a railroad shall be deleted.

Vehicle Liability

The Contractor shall provide the following minimum coverage with respect to the operations of any employee, including coverage for owned, non-owned, and hired vehicles:

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Combined Single Limit: 1,000,000.00

Worker’s Compensation

The Contractor shall provide the following coverage in accordance with M.G.L. c.

149, sec. 34A and M.G.L. c. 152 as amended, unless a higher coverage is specified below:

Part One Provide Statutory Minimum Employer’s Liability $500,000.00 each accident Part Two $500,000.00 disease per employee $500,000.00 disease policy aggregate

SECTION 8 – MBE, WBE AND VOBE PARTICIPATION

8.1 The apparent low Bidder's compliance with the requirements of this Section 8 is a prerequisite for receiving the Award of the Contract. The MBE, WBE and VOBE participation for this Contract are as set forth on the first page of these Instructions to Bidders

8.2. The Awarding Authority reserves the right to reduce or waive the MBE or WBE participation established for this Contract upon written request made by a Bidder.

Requests to reduce or waive the MBE,WBE & VOBE participation for this Contract should be received by the Awarding Authority no later than Ten (10) working days before the date set for the receipt of general Bids. THE AWARDING AUTHORITY

RESERVES THE RIGHT TO REJECT ANY REQUEST TO REDUCE OR WAIVE THE

MBE,WBE & VOBE REQUIREMENTS FOR THIS CONTRACT THAT IS RECEIVED

AFTER THESE DEADLINES. Such written request must demonstrate to the satisfaction of the Awarding Authority that it is not feasible for a non-MBE or non-WBE general Bidder to meet the percentage established for this Contract based upon any or all of the following: (i) actual MBE,WBE & VOBE availability, (ii) the geographic location of the project to the extent related to MBE,WBE & VOBE availability, (iii) the scope of the work, (iv) the percentage of work available for subcontracting to MBE,WBE & VOBEs and/or (v) other relevant factors, including a documented inability by the prospective Bidder to obtain commitments from MBE,WBE & VOBE subcontractors sufficient to meet the MBE,WBE & VOBE requirements after having made a diligent, good faith effort to do so. All the foregoing documentation shall accompany the Bidder's request for a reduction or waiver of the MBE,WBE & VOBE participation requirements. Such documentation shall include, at a minimum, the following:

-- A list of all items of work under the Contract that the Bidder made available for subcontracting to MBE,WBE & VOBEs. The Bidder shall identify all items of work that the Bidder did not make so available and shall state the reasons for not making such work available for subcontracting to MBE,WBE & VOBEs. The Bidder shall also

DCR Part I Ch. 30: Instructions to Bidders: 9.1.2026 (FY 2027) Page 11 of 14 demonstrate that, where commercially reasonable, subcontracts were divided into units capable of being performed by MBE,WBE & VOBEs.

-- Evidence that the Bidder sent written notices soliciting Bids or proposals to perform the items of work made available by the Bidder for subcontracting to all MBE,WBE & VOBEs qualified to perform such work. The Bidder shall identify (if) each solicited, and

(ii) each MBE,WBE & VOBE listed in the Massachusetts Supplier Diversity Office (“SDO” formerly “SOMWBA”) directory under the applicable trade category that was not solicited and reasons, therefore. The Bidder shall also state the dates that notices were mailed and provide a copy of the written notice(s) sent.

-- Evidence that the Bidder made reasonable efforts to follow up the written notices sent to MBE,WBE & VOBEs with telephone calls or personal visits to determine with certainty whether the MBE,WBE & VOBEs were interested in performing the work.

Phone logs or other documentation must be submitted.

-- A statement of the response received from each solicited person, including the reason for rejecting any MBE,WBE & VOBE who submitted a bid or proposal.

-- Evidence of efforts made to assist MBE,WBE & VOBEs that needed assistance in obtaining bonding or insurance, or lines of credit with suppliers if the inability of MBE,WBE & VOBEs to obtain bonding, insurance, or lines of credit is the reason given for the Bidder's inability to meet the requirements.

The Bidder may also submit any other information supporting its request for a waiver or reduction in the MBE,WBE & VOBE participation, including without limitation evidence that the Bidder placed advertisements in appropriate media and trade association publications announcing the Bidder's interest in obtaining bids or proposals from MBE,WBE & VOBEs, and/or sent written notification to MBE,WBE & VOBE economic development assistance agencies, trade groups and other organizations notifying them of the Contract and the work to be subcontracted by the Bidder to MBE,WBE & VOBEs. The Bidder shall also submit any other information requested by the Awarding Authority to show that the Bidder has taken all actions that could be expected to achieve the MBE,WBE & VOBE participation.

8.3 Any reduction or waiver of the MBE,WBE & VOBE participation for this Contract will be made by written addendum via Bid Express to all persons who have taken out plans for the project.

8.4 No later than five (5) working days after the opening of Bids, the apparent low Bidder shall submit the following documents to the Awarding Authority's Contract Officer listed in subsection 5.1: (i) a completed Schedule for Participation by

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Minority/Women Business Enterprises ("Schedule for Participation") in the form provided by the Awarding Authority showing participation in amounts equal to or exceeding the MBE,WBE & VOBE requirements for this Contract, (ii) a completed Letter of Intent in the form provided by the Awarding Authority for each MBE,WBE & VOBE listed in the Schedule for Participation, and (iii) a current SDO certification letter for each MBE,WBE & VOBE listed in the Schedule of MBE,WBE & VOBE Participation showing that the MBE,WBE & VOBE is certified in the area of work for which it is listed on the Letter of Intent.

8.5 Each Letter of Intent shall identify and describe the work to be performed by the named (the “MBE,WBE & VOBE Work”) with enough specificity to permit the Awarding Authority to identify the items of contract work that the MBE,WBE & VOBE will perform for participation credit. The Awarding Authority reserves the right to reject any Letter of Intent if the price to be paid for the MBE,WBE & VOBE Work does not bear a reasonable relationship to the value of such work under the Contract as determined by the Awarding Authority.

8.6 Within five (5) working days after receipt of the Schedule For MBE,WBE & VOBE Participation, Letters of Intent, and SDO certification letters, the Awarding Authority shall review and either approve or disapprove the apparent low Bidder’s submissions.

If the apparent low Bidder has not submitted an appropriate Schedule For MBE,WBE & VOBE and appropriate Letters of Intent and SDO certification letters establishing that the MBE,WBE & VOBE participation for the project will be met, the apparent low Bidder may be considered ineligible for Award of the Contract and the Awarding Authority will Award the Contract to the second lowest Bidder, subject to said Bidder’s compliance with these conditions.

8.7 The Contractor is required to submit to the Awarding Authority signed subcontracts with all subcontractors prior to the commencement of work to be performed under these contracts, and/or a purchase order or invoice from each material supplier and/or manufacturer listed on the Schedule For MBE,WBE & VOBE Participation of the issuance of the Notice to Proceed by the Awarding Authority.

SECTION 9 - CONTRACT AWARD

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

9.2 The Contract will be awarded to the lowest responsible and eligible Bidder as determined by the Awarding Authority. Bidders will be required to hold firm their respective bids for thirty (30) days, Saturdays, Sundays, and legal holidays excluded, after the opening of the Bids.

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

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 M.G.L. c. 30, sec. 39M, (ii) the rules, regulations, orders, DCR Part I Ch. 30: Instructions to Bidders: 9.1.2026 (FY 2027) Page 13 of 14 guidelines and policies promulgated from time to time by the Commissioner of the Department of Conservation and Recreation and (iii) any other relevant criteria that the Awarding Authority may prescribe.

9.4 The Bid price shall be the price set forth in paragaraph C of the Bid Form.

9.5 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.

9.6 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. In addition, the Department reserves the right to waive minor defects in documents or time limits

SECTION 10 - EXECUTION OF CONTRACTS

10.1 Upon receipt of the Award, the Bidder awarded the Contract shall submit two (2) properly executed originals of each of 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 and received within five working days from receipt of the Award.

-Department of Conservation and Recreation-Contractor Agreement -Certificate of Corporate Vote -Joint Venture Authorization (if appropriate) -Performance and Payment Bonds with power of attorney -Certificates of Insurance evidencing coverages in amounts required by the Contract Documents.

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

10.2 Please note that no part of the Contractor's work may be subcontracted without the prior written approval of the Awarding Authority. The Contractor must complete a minimum of 51% of the scope of this contract by his own work force. If the Contractor desires to subcontract any part of the Work, the Contractor must promptly forward to the Awarding Authority a list in duplicate designating the work to be performed and the name of each proposed subcontractor. Approved subcontractors are eligible for direct payments under M.G.L. 30, sec. 39F, as amended. Material

DCR Part I Ch. 30: Instructions to Bidders: 9.1.2026 (FY 2027) Page 14 of 14 suppliers not involving site labor need not be submitted for approval.

SECTION 11 - RETURN OF BID DEPOSITS

11.1 All Bid deposits of Bidders, except those of the three (3) lowest responsible and eligible general Bidders, shall be returned within five days, Saturdays, Sundays, and legal holidays excluded, after the opening of the Bids. The Bid deposits of the three (3) lowest responsible and eligible Bidders shall be returned upon the execution and delivery of the Contract, or if no award is made; 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 Bidder, such Bidder's Bid deposit shall be returned.

11.2 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.

OCR Part II Contractor Agreement FY27

DEPARTMENT OF CONSERVATION & RECREATION

STANDARD CONSTRUCTION CONTRACT

For Projects Subject to M.G.L. c. 149 or M.G.L. c. 30, sec. 39M

Awarding Authority: The Massachusetts Department of Conservation and Recreation

Department Code: DCR

This agreement ("Contract") is made by and between the Commonwealth of Massachusetts, acting by and through the Awarding Authority identified above with a principal place of business at 10 Park Plaza, Suite 6620, Boston, MA 02116, and hereinafter called the "Contractor".

Terms used in this Department of Conservation and Recreation - Contractor Agreement, which are defined in the General Conditions of the Contract, shall have the meanings designated therein.

The Awarding Authority and the Contractor agree as follows:

Article 1. Scope of Work. The Work under this Contract is defined as all work required by the Contract Documents for the construction of Contract No: in accordance with and as described in the Plans and Specifications prepared by and as modified by Addenda () included herein.

PART II

DEPARTMENT OF CONSERVATION AND RECREATION -

CONTRACTOR AGREEMENT

Article 2. Time for Completion. The Contractor shall commence the Work under this Contract on the date specified in the written "Notice to Proceed," and shall within Days after such date, bring the Work to Substantial Completion and to the point at which a Certificate of Agency Use and Occupancy may be issued, and shall bring the Work to Final Acceptance within 10 days after the date specified for Substantial Completion.

Article 3. Contract Price. The Awarding Authority shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Approved Change Order(s), the Contract Price of and Zero Cents ($.00 ).

Article 4. Approved Subcontractors. The filed Subcontractors listed in the Contractor's General Bid submitted by the Contractor have been approved for the performance of the specified portions of the Work subject to the Commonwealth's verification that they have complied with state corporation and partnership registration laws. No other filed Subcontractors and no non-filed Subcontractors shall be used for these or any other portions of the Work without the prior written approval of the Awarding Authority.

Article 5. Certifications. Pursuant to M.G.L. c. 62C, sec. 49A, the individual signing this Contract on behalf of the Contractor hereby certifies, under the penalties of perjury, that to the best of his or her knowledge and belief the Contractor has complied with all applicable state and federal tax laws. The individual signing this Contract on behalf of the Contractor further certifies under penalties of perjury that the Contractor is not presently debarred from doing public construction work in the Commonwealth under the provisions of M.G.L. c. 29, sec. 29F, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder and is not presently debarred from doing public construction work by any agency of the United States.

Article 6. The Contract Documents: The following documents form the Contract are incorporated by reference herein, and are referred to as the "Contract Documents:"

-The Instructions to Bidders -The General Bid submitted by the Contractor -This Department of Conservation and Recreation – Contractor Agreement -The General Conditions of the Contract -The Special Conditions [Note: the term “Special Conditions" may also refer to Division 1 of the Specifications.] -The Plans and Specifications, including Addenda identified in Article 1 above -All Approved Change Orders issued after execution of this Department of Conservation and Recreation - Contractor Agreement

Article 7. Minority Business Enterprise, Women Business Enterprise and Veteran-Owned Business Enterprises Participation requirements and Minority/Women and Veteran-Owned Business Enterprises Workforce Utilization Percentages: The applicable requirements, if any, for minority business enterprise and women business enterprise participation, as well as those for minority and women workforce utilization percentages established for this Contract are to be found at the Notice to Contractors for this project, at Part I – Instructions to Bidders, and are incorporated by reference herein.

Article 8. Liquidated Damages. For the purposes of Article VI of the General Conditions of the Contract, liquidated damages for delay are to be found at the Notice to Contractors for this project at Part I – Instructions to Bidders and are incorporated by reference herein.

Article 9. Insurance Requirements. The insurance requirements are set forth in the Instructions to Bidders and are incorporated herein.

In witness whereof, the parties hereto have caused this instrument to be executed in duplicate under seal as of the date set forth above.

Forms Used During Contract Award and Execution

PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF CORPORATE VOTE OF AUTHORITY

CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND WITH UNEMPLOYMENT

COMPENSATION CONTRIBUTION REQUIREMENTS

CERTIFICATE OF LIABILITY INSURANCE

A. SEE PART I, SECTION 7 – ARTICLE 7.1 C.

B. ADDING IN THE DESCRIPTION DCR AS ADDITIONAL INSURED.

SCHEDULE FOR WOMEN AND MINORITY BUSINESS ENTERPRISE

LETTER OF INTENT – MINORITY AND WOMEN BUSINESS PARTICIPATION

SCHEDULE FOR VETERAN-OWNED BUSINESS ENTERPRISE

LETTER OF INTENT – VETERAN-OWNED BUSINESS ENTERPRISE

EXECUTIVE ORDER 546 – CONTRACTOR CERTIFICATION - VOBE POLICY OF THE

COMMONWEALTH

EXECUTIVE ORDER 481 – CONTRACTOR CERTIFICATION - UNDOCUMENTED WORKERS

POLICY OF THE COMMONWEALTH

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE FORM

IF APPLICABLE FORM OF SUBCONTRACTOR(S)

IN WITNESS WHEREOF, said Contractor has caused these presents to be signed in its name and its behalf under seal by its officers, duly authorized to do so, and the said Commonwealth has executed these presents by the Commissioner of said Department, or its authorized agent, as prescribed by law, who shall not incur any personal liability by reason of the execution of these presents or of anything herein contained, and who hereby certifies under penalties of perjury that all applicable provisions of M.G.L. c. 149, sec. 44J, have been complied with.

(Executed in duplicate under Seal)

CONTRACTOR:

By: SIGNATURE & SEAL

Name:

Title:

Date:

By:

Name: Nicole LaChapelle

Title: Commissioner

PAYMENT BOND

BOND No. _

Know all men by these presents, that as principal and _ as surety are held and firmly bound unto the Commonwealth of Massachusetts in the sum of Dollars and Zero Cents ($.00 ) in lawful money of the United States of America, to be paid to the Commonwealth of Massachusetts, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Whereas the said principal has made a Contract with the Commonwealth acting through its

Department of Conservation and Recreation (“Awarding Authority”) the construction of

Now the condition of this obligation is such that if the principal shall pay for all labor performed or furnished and for all materials used or employed in said Contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said Contract that may hereafter be made, notice to the surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include any other purposes or items set out in, and to be subject to, the provisions of Massachusetts General Laws, Chapter 30, Section 39A, and Chapter 149, Section 29, as amended, then this obligation shall become null and void; otherwise it shall remain in full force and virtue.

In witness whereof we hereunto set our hand and seals this _day of , (Seal) (Seal)

(Print Name of General Contractor) (Print Name of Surety)

By _ By

(Signature – Title) (Signature – Title)

Surety Address _

PERFORMANCE BOND

BOND No.

Know all men by these presents, that as principal and _ as surety are held and firmly bound unto the Commonwealth of Massachusetts in the sum of and Zero Cents ($.00 ) in lawful money of the United States of America, to be paid to the Commonwealth of Massachusetts, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Whereas the said principal has made a Contract with the Commonwealth acting through its

Department of Conservation and Recreation (“Awarding Authority”) the construction of

Now the condition of this obligation is such that if the principal shall well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of said Contract and any extensions thereof that may be granted by the Commonwealth, with or without notice to the surety, and during the life of any guarantee required under the Contract, and shall also well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations, changes or additions to said Contract that may hereafter be made, notice to the surety of such modifications, alterations, changes or additions being hereby waived, then this obligation shall become null and void; otherwise it shall remain in full force and virtue.

In the event that the Contract is abandoned by the Contractor or is terminated by the Commonwealth under the provisions of said Contract, said surety shall, if requested in writing by the Commonwealth, take such action as is necessary to complete the Contract.

In witness whereof we hereunto set our hand and seals this day of , (Seal) (Seal) (Print Name of General Contractor) (Print Name of Surety)

By By

(Signature – Title) (Signature – Title)

Surety Address

CERTIFICATE OF CORPORATE VOTE

I hereby certify that I am the clerk, assistant clerk, of

(the “Corporation”) and that at a

(Name of Corporation) duly authorized meeting of the Board of Directors of the Corporation held on in at which a quorum was

(Date) (Location) present and voting it was voted to authorize

(Name) of the Corporation to execute

(Officer Title) and deliver on behalf of the Corporation Contract, and to act as principal to execute bonds in connection therewith, I further certify that is the duly qualified and acting (Name of Corporate Officer) of the Corporation and that said vote has not been

(Officer Title) Repealed, rescinded, or amended.

Name

Print Name

Date

(CORPORATE SEAL)

SUBSCRIBED AND SWORN TO THIS DAY OF ________, 20 BEFORE ME

Notary Public

My Commission Expires:

CERTIFICATE OF LLC VOTE

, 2026

I hereby certify, warrant and represent that I am the of the (the “LLC”) and that (Name of LLC)

I am fully and unconditionally authorized, pursuant to the Operating Agreement of the LLC to execute and deliver on behalf of the LLC a contract and all amendments thereto, and to act as principal and to execute bonds in connection therewith:

Mass. State Project No.

Project Title:

I further certify under the penalties of perjury that I,_________________________am the duly qualified and acting member and principal of the LLC for all purposes.

Name

Date

SUBSCRIBED AND SWORN TO THIS DAY OF BEFORE ME

Notary Public My Commission Expires:

CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND WITH UNEMPLOYMENT

COMPENSATION CONTRIBUTION REQUIREMENTS

Pursuant to MGL, c. 62C, s. 49A and MGL, c. 515A, s. 29A, I, authorized signatory for whose principal place of business is at do hereby certify under penalties of perjury that has filed all

State tax returns and paid all taxes as required by law and has complied with all state laws pertaining to contributions to the unemployment compensation fund and to payments in lieu of contributions.

The Business Organization Social Security Number or Federal Identification Number is

Signed under the penalties of perjury the day of 20

Signature:

Name and Title:

Schedule for Participation by Minority Business Enterprise (To be completed and submitted within five calendar days from bid opening)

NOTE I: Participation of a Minority-owned enterprise may be counted in only one category.

Minority Business Enterprise Participation in the work

Dollar Value of Nature of Name & address of MBE Requirement 0% Participation Participation 1.

2.

3.

4.

5.

6.

Total MBE Commitment:

Percentage MBE

Participation (divide Total Commitment by Total Bid Price)=

The bidder agrees to furnish implementation reports as required by the Department to indicate the MBE(s) which it has used or intends to use. Breach of this commitment constitutes a breach of contract.

Name of bidder:

Date: By:

Letter of Intent – Minority Business Enterprise Participation (To be completed by W or MBE and Submitted by the Low Bidder within five calendar days of bid opening)

Project Number:

Project Location:

To:

Name of General Bidder

MBE

1. My company has been certified by SDO (Supplier Diversity Office) and it has not changed its minority ownership, control, or management without notifying SDO within thirty (30) calendar days of such a change.

2. My company understands that if your company is awarded the contract, your company intends to enter into an agreement with my company to perform the activity described below for the prices indicated. My firm also understands that your firm, as General Bidder, will make substitutions and quantity changes as allowed or required by the provisions of the contract with the Commonwealth.

3. This firm understands that under the terms of Article XIII of the contract, only work performed by an MBE will be credited toward MBE participation requirements, and this firm cannot assign or subcontract out any of its work without prior written approval of the DCR Compliance Office, and that any such assignment or subcontracting will not be credited toward MBE participation requirements.

W or MBE PARTICIPATION

Contract Description of Activity (with Item Notation such as “Labor Only”, Quantity Unit Price Total Amount

“Material Only”, etc.)

Total Dollar Value:

(Additional copies of this form shall be prepared by the Contractor in the quantity necessary to comply with the contract.)

Name of MBE

Firm Authorized Signature

Business Address

Print Name Title Telephone No. Cell: Date http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/sdo/

Schedule for Participation by Women Business Enterprise (To be completed and submitted within five calendar days from bid opening)

NOTE I: Participation of a Woman-owned enterprise may be counted in only one category.

Women Business Enterprise Participation in the work

Dollar Value of Nature Name & address of WBE 0% Participation Participation

Total WBE Commitment:

Percentage WBE Participation (divide Total Commitment by Total Bid Price) =

The bidder agrees to furnish implementation reports as required by the Department to indicate the WBE(s) which it has used or intends to use. Breach of this commitment constitutes a breach of contract.

Letter of Intent – Women Business Enterprise Participation (To be completed by WBE and Submitted by the Low Bidder within five calendar days of bid opening)

Project Number:

Project Location:

To:

Name of General Bidder

WBE

4. My company has been certified by SDO (Supplier Diversity Office) and it has not changed its women ownership, control, or management without notifying SDO within thirty (30) calendar days of such a change.

5. My company understands that if your company is awarded the contract, your company intends to enter into an agreement with my company to perform the activity described below for the prices indicated. My firm also understands that your firm, as General Bidder, will make substitutions and quantity changes as allowed or required by the provisions of the contract with the Commonwealth.

6. This firm understands that under the terms of Article XIII of the contract, only work performed by a WBE will be credited toward WBE participation requirements, and this firm cannot assign or subcontract out any of its work without prior written approval of the DCR Compliance Office, and that any such assignment or subcontracting will not be credited toward WBE participation requirements.

W or MBE PARTICIPATION

Contract Description of Activity (with Item Notation such as “Labor Only”, Quantity Unit Price Total Amount

“Material Only”, etc.)

Total Dollar Value:

(Additional copies of this form shall be prepared by the Contractor in the quantity necessary to comply with the contract.)

Name of WBE Firm Authorized Signature

Business Address

Print Name Title Telephone No. Cell: Date http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/sdo/

VETERAN OWNED BUSINESS ENTERPRISE POLICY

AND CONTRACTOR CERTIFICATION

In accordance with Executive Order No. 546, it is the policy of the Commonwealth and its executive agencies to promote self-reliance among veterans by offering such veterans who own and control business enterprises the opportunity to participate in state contracting activity, as well as to assist and encourage the participation of businesses owned and controlled by veterans in all areas of state procurement contracting, including contracts for public construction, design services, and commodities and services.

The Massachusetts Executive Office of Administration and Finance has therefore established the Veteran-Owned Business Enterprise (VOBE) Program (the “Program”) to oversee the inclusion of business enterprises owned and controlled by veterans in all areas of state procurement contracting, including contracts for construction, design and professional services, and commodities and services. For more information on this Order, see:

http://www.mass.gov/governor/legislationeexecorder/executiveorder/executive-order-no-546.html.

DCR Requires Contractors to acknowledge this policy and the requirements as provided in the contract by signing this certification as well as the Contract Documents.

CONTRACTOR CERTIFICATION

As evidence by the signature of the Contractor’s Authorized Signatory below, the Contractor certifies under the pains and penalties of perjury that the Contractor acknowledges the above-referenced policy as set forth in Executive Order 546, has read Executive Order 546, and will abide the requirements concerning the policy and order as set forth in the referenced Contract.