Figures Figure 1 Locus Plan Figure 2 Area Plan Figure 3 Context Plan Figure 4



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Figures

Figure 1 Locus Plan
Figure 2 Area Plan
Figure 3 Context Plan
Figure 4 Existing Floor Plan
Figure 5 Proposed Public Market Layout Key
Figure 6 Proposed Public Market Layout Plan
Figure 7 Aerial Photograph

N.B.: These figures are intended for illustrative and planning purposes only. They should not be relied upon for survey, engineering, or legal purposes. The Public Market Commission, the Massachusetts Department of Transportation, and the Massachusetts Department of Agricultural Resources do not warrant the accuracy, currency, completeness, or correctness of these figures for any use. RFP respondents and the selected Operator are responsible for verifying all site conditions. Scale of figures and configuration and location of parcels are approximate.



MassDOT / MDAR
Public Market Developer

and Operator RFP


Figure 1
Locus Plan

MassDOT / MDAR
Public Market Developer

and Operator RFP

Figure 2
Area Plan
MassDOT / MDAR
Public Market Developer

and Operator RFP

Figure 3
Context Plan
MassDOT / MDAR
Public Market Developer

and Operator RFP

Figure 4
Existing Floor Plan
MassDOT / MDAR
Public Market Developer

and Operator RFP

Figure 5
Proposed Public

Market Layout Key


MassDOT / MDAR
Public Market Developer

and Operator RFP

Figure 6
Proposed Public

Market Layout Plan



MassDOT / MDAR
Public Market Developer

and Operator RFP

Figure 7
Aerial Photograph

Site Photographs

Parcel 7 building, looking west across Rose Fitzgereald Kennedy Greenway parks.


Parcel 7 building sidewalk condition, looking southeast along Blackstone Street / Fitzgerald Surface Artery.


Parcel 7 building with Haymarket Pushcart Association vendors in operation, looking west at the corner of Hanover Street and Blackstone Street.


Parcel 7 building with Haymarket Pushcart Association vendors in operation, looking north at the corner of Hanover Street and Congress Street.

Parcel 7 building, Congress Street facade, looking northwest


Parcel 7 building, Congress Street facade, looking southeast


Public market space, looking southwest

Public market space, looking southwest


Public market space, looking north


Appendices

Appendix A Market District Feasibility Study
Appendix B Public Market Implementation Plan
Appendix C Executive Order 535
Appendix D Transportation Access Plan Agreement
Appendix E Parcel 7 Parking Programs
Appendix F Federal Highway Administration regulations link
Appendix G City of Boston Zoning Code and Map links
Appendix H Federal and State food regulation links
Appendix I MassDOT Non-Discrimination and Affirmative Action Requirements
Appendix J Schedules:
Schedule 1 Proposal Form
Schedule 2 Chapter 7, Section 40J Disclosure Form
Schedule 3 Sample Clerk’s Certificate
Schedule 4 Additional Certifications
Appendix A
Market District Feasibility Study

[Previously produced PDF document. Not available in MS Word format.]



Appendix B
Public Market Implementation Plan

[Previously produced PDF document. Not available in MS Word format.]


Appendix C
Executive Order 535


Executive Order No. 535




By His Excellency

DEVAL L. PATRICK
GOVERNOR

EXECUTIVE ORDER NO. 535

ESTABLISHING THE PUBLIC MARKET COMMISSION

WHEREAS, the Commonwealth of Massachusetts has a vibrant agriculture and aquaculture economy, featuring producers of cheese, fruits, vegetables, eggs, meat, poultry, fish, shellfish, baked goods, dairy, and specialty foods;

WHEREAS, Massachusetts farmers, fishermen, and artisan food producers deserve the support of our communities;

WHEREAS, the Massachusetts agriculture and aquaculture industries generate $500 million in annual cash receipts;

WHEREAS, the City of Boston has a rich tradition of public markets, including the Haymarket;

WHEREAS, the availability of local, fresh food plays an important role in the health of our citizenry;



NOW, THEREFORE, I, Deval L. Patrick, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution, Part 2, c. 2, § 1, Art. I, hereby order as follows:

Section 1. There is hereby established the Public Market Commission.

Section 2. The Commission shall have the authority to:

  • Define the mission and vision of a public market in downtown Boston;

  • Confer with participants and parties from the public and private sector involved with the planning, financing, design, and construction of said public market;

  • Work with relevant public and private sector parties to write guidelines for an eventual market operator;

  • Work with the appropriate state agencies to advertise for and select a market operator;

  • Define the terms of a lease between the Massachusetts Department of Transportation (MassDOT) and the operator, subject to the approval of MassDOT; and

  • Receive and review quarterly updates from the operator on the financial health of the market, its adherence to the mission, and other issues as necessary.


Section 3
. The Commission shall be chaired by the Commissioner of the Department of Agricultural Resources or his designee and shall consist of not more than 9 members.

Section 4. Commission members shall be persons with demonstrated interest, experience or expertise in the production and sale of fresh, local foods and seafood, real estate development or community planning. The Commission shall include the following members:

  • The Secretary of the Executive Office for Administration and Finance, or his designee;

  • The Secretary of the Massachusetts Executive Office of Energy and Environmental Affairs, or his designee;

  • The Secretary of the Massachusetts Department of Transportation, or his designee;

  • One member from the Massachusetts State Senate, recommended by the Senate President, or that member's designee;

  • One member from the Massachusetts House of Representatives, recommended by the Speaker of the House, or that member's designee;

  • One representative from the City of Boston, recommended by the Mayor of Boston;

  • The Executive Director of the Boston Redevelopment Authority, or his designee; and

  • The Executive Director of the Rose M. Kennedy Greenway Conservancy, or her designee.

Section 5. The Commission shall meet at such times and places as determined by the Chair.

Section 6. The Chair may direct the Commission to form subcommittees to focus on particular aspects of the public market, including fundraising, mission, construction, operator selection, community programming, vendor selection, marketing, and permitting. The composition and nature of each committee shall be determined by the Chair.

Section 7. All agencies, departments, instrumentalities and boards of the Commonwealth shall fully cooperate with the Commission. The Commission may call and rely upon the expertise and services of individuals and entities outside of its membership for research, advice, support or other functions necessary and appropriate to accomplish its mission.

Section 8. The Commission shall report any findings or recommendations, including any recommendations for legislation or regulation(s), to the Governor at such periods as determined by the Chair.

Section 9. Members of the Commission shall be appointed for a term of two years. The Commission and its members shall receive no compensation for their work.

Section 10. This Executive Order shall continue in effect until amended, superseded or revoked by subsequent Executive Order.

Given at the Executive Chamber in Boston this 4th day of August in the year two thousand and eleven, and of the Independence of the United States of America two hundred and thirty-five.

DEVAL L. PATRICK
GOVERNOR
Commonwealth of Massachusetts

WILLIAM FRANCIS GALVIN


Secretary of the Commonwealth

GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS


Appendix D
Transportation Access Plan Agreement

[Scanned PDF document. Not available in MS Word format.]



Appendix E
Parcel 7 Parking Programs


Massachusetts Department of Transportation



PARCEL 7 GARAGE PARKING PROGRAMS
North End Business Validation
The North End Business Validation Agreement is between MassDOT, the current Parcel 7 Garage Operator and certain North End and Blackstone Block businesses which choose to participate. The program was created to replace two pre-existing validation programs when the Parcel 7 Garage replaced a parking lot under the former elevated Central Artery. It was memorialized in the Transportation Access Plan Agreement for the Parcel 7 Garage, which required that it remain in place through 2007.
Participating businesses can allow customers to receive discounted parking in the Parcel 7 Garage through validated parking tickets. The validation rates are $1.00 for up to two hours and a $3.00 for up to three hours. After three hours, standard rates apply to the entire time that the patron was parked in the garage. Validation is available seven days per week for North End businesses and Friday and Saturday only for the Haymarket Pushcart Association. Parking at the facility is based on a first-come first-served basis and only as spaces are available. The parking is available to passenger vehicles only, not commercial vehicles. The parking validation is only to be used by the participants for patrons.
The participating business must be either a business establishment located in the North End or Blackstone Block sections of the city of Boston, determined at the sole discretion of MassDOT. Participant businesses must register with the Garage Operator on an annual basis. Each business is responsible for informing its patrons of the relevant terms and conditions pertaining to the validation of the parking tickets including, but not limited to, information relating to parking rates and limitations on hours for parking, the parking overstay terms, parking space availability, and the limitations on liability.

The participating business may validate a patrons parking ticket from the facility by stamping the ticket with a validation stamp or by providing a coupon or other means designated by the Garage Operator. The participating business is responsible for the cost of equipment (e.g. stamp and ink) or other materials for validating tickets and for replacing them in the event they are lost or stolen. There is no fee required to be paid by the participating businesses to MassDOT or the Operator for participation in the program.


Valet Parking
Two valet companies, Ultimate Parking and City Valet, currently use the Parcel 7 Garage. This is not a CA/T Project commitment but it does serve customers of North End businesses which utilize valet parking. Ultimate Parking is using the garage 24 hours a day; City Valet is using the garage from 5 p.m. to 5 a.m., seven days a week. Each firm purchases coupons in advance for garage use.
There is no agreement with the valet companies. The Garage Operator monitors the garage and controls the valet operations to ensure that the valet companies have valid operating licenses from the Boston Transportation Department and appropriate insurance.

Appendix F
Federal Highway Administration regulations link

Federal Highway regulations with respect to Airspace Agreements (23 CFR 710, Subpart D) may be found at:


http://www.access.gpo.gov/nara/cfr/waisidx_07/23cfr710_07.html


Appendix G
City of Boston Zoning Code and Map links

Article 49 of the City of Boston Zoning Code may be found at:


http://www.bostonredevelopmentauthority.org/pdf/ZoningCode/Article49.pdf

Maps 1Xa and 1Xb of the City of Boston Zoning Code may be found at:


http://www.bostonredevelopmentauthority.org/pdf/ZoningCode/Maps/1xab_CAT.pdf


Appendix H
Federal and State food regulation links

FDA regulations relating to the sale of food may be found at:


http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/

FoodCode1999/default.htm

Commonwealth of Massachusetts regulations regarding fish and fishery products may be found at:


http://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr533.pdf

Commonwealth of Massachusetts policies, procedures and guidelines regarding food protection at farmersmarkets may be found at:


http://www.mass.gov/agr/markets/farmersmarkets/docs/

fpp-policies-procedures-guidelines.pdf


Appendix I
MassDOT Non-Discrimination and Affirmative Action Requirements
Massachusetts Department of Transportation

NON-DISCRIMINATION AND AFFIRMATIVE ACTION REQUIREMENTS

With respect to its exercise of all uses, rights and privileges granted under the Lease, the Tenant agrees to the following terms:

Landlord Policies. Consistent with the Landlord's policy to further the goals of the Executive Order 526, a copy of which is annexed hereto, the Tenant shall not discriminate by segregation or otherwise against any person because of race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry, national origin, disability, veteran’s status (including Vietnam-era veterans), or background in providing or refusing to provide any person or persons the use of or access to any facility including any and all services, privileges, accommodations, and activities of the Tenant. The Tenant shall not discriminate by segregation or otherwise against any employee or applicant for employment because of race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry, national origin, disability, veteran’s status (including Vietnam-era veterans), or background and shall undertake specific affirmative action in those areas identified by the Landlord, from time to time, where utilization of transition plans, reports, goals, and timetables are necessary to ensure equal opportunity and to overcome the effect of past discrimination against specific groups. The Tenant agrees that in all matters related to the Leased Premises, it will establish and develop civil rights policies and programs, consistent with those of the Landlord, designed to prohibit discrimination, ensure equality of opportunity, and implement appropriate narrowly tailored affirmative action in all operations, particularly in the areas of employment and public access.

Workforce Requirements. In connection with any construction, reconstruction, or major renovation applicable to the Leased Premises, the Tenant shall exercise reasonable, good faith efforts to employ a diverse workforce and impose a diverse workforce requirement in all contracts with its contractors, subcontractors and subtenants. The Tenant shall submit to the Landlord upon the Landlord's written request workforce profiles, providing information on the utilization of minority group members and women in the workforce working on the Leased Premises. If required by the Landlord, the Tenant will establish goals, and where necessary, develop action plans and timetables to ensure the equitable employment of minority groups and women in all workforces at the Leased Premises. Said goals shall be developed in consultation with the Landlord’s Office of Civil Rights and shall be based on census data measures of minority and female availability in specific trades, job groups, or employment categories. The Tenant shall develop and disseminate a public policy statement prohibiting discrimination in all of its operations, including but not limited to employment, public access, and contracting on the basis of race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry, national origin, disability, veteran’s status (including Vietnam-era veterans), or background.

Information and Reports. The Tenant will designate a management official to implement all elements of its civil rights obligations under this Lease. The designated official will be responsible for informing employees, the public, and contractors as to the process for filing complaints alleging discrimination or harassment in employment, in contracting, or in the provision of services and access to relevant programs. The Tenant shall provide reports as requested by the Landlord to ensure compliance with the provisions of this section.

Affirmative Market Contracting. Consistent with the Landlord's policy to further the goals of Executive Order 526, the Tenant agrees that it will utilize reasonable, good faith efforts to employ minority and women owned businesses under this Lease, and Tenant will maintain records illustrating that minority and women owned businesses have had an equal opportunity to participate in business relationships created under this Lease, including but not limited to the areas of construction, design, and the providing of goods and services. The Tenant shall submit from time to time when requested in writing by the Landlord, profiles of all firms that have been contracted and/or employed by Tenant with respect to the Leased Premises, identifying those firms that are certified as minority and women owned businesses. The Tenant will establish goals, and where necessary, develop action plans and timetables to ensure the equitable participation of minority and women owned businesses in its business relationships with respect to the Project. If necessary, goals shall be developed in consultation with the Landlord’s Office of Civil Rights and shall be based upon determination of minority and women business availability in specific industries.



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Executive Order No. 526

By His Excellency

DEVAL L. PATRICK
GOVERNOR

EXECUTIVE ORDER NO. 526

ORDER REGARDING NON-DISCRIMINATION, DIVERSITY, EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION

(Superseding Executive Order 478)


WHEREAS, the Constitution of the Commonwealth of Massachusetts is based on a belief in freedom and equality for all individuals and in the duty of Government to safeguard and foster these rights;

WHEREAS, the Executive Branch of the Commonwealth of Massachusetts recognizes the importance of non-discrimination, diversity, and equal opportunity in all aspects of state employment, programs, and activities;

WHEREAS, creating a culture of inclusion that values and promotes diversity and equal opportunity for all individuals is the central objective of this Executive Order and the goal of my administration;

WHEREAS, while acknowledging the many efforts and accomplishments of the past, the Commonwealth can and must do more to ensure that non-discrimination, diversity and equal opportunity are safeguarded, promoted, and reflected in state workplaces, decisions, programs, activities, services, and contracts;


NOW, THEREFORE, I, Deval L. Patrick, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution, Part 2, c. 2, § I, Art. I, do hereby order as follows:

Section 1. This Executive Order shall apply to all state agencies in the Executive Branch. As used in this Order, "state agencies" shall include all executive offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and offices, now existing and hereafter established.

Section 2. Non-discrimination, diversity, and equal opportunity shall be the policy of the Executive Branch of the Commonwealth of Massachusetts in all aspects of state employment, programs, services, activities, and decisions. Each executive officer and agency head serving under the Governor, and all state employees, shall take immediate, affirmative steps to ensure compliance with this policy and with applicable federal and state laws in connection with both the internal operations of state government as well as their external relations with the public, including those persons and organizations doing business with the Commonwealth. Each agency, in discharging its duties, shall consider the likely effects that its decisions, programs, services, and activities will have on achieving non-discrimination, diversity, and equal opportunity.

Section 3. All state agencies shall develop and implement affirmative action and diversity plans to identify and eliminate discriminatory barriers in the workplace; remedy the effects of past discriminatory practices; identify, recruit, hire, develop, promote, and retain employees who are members of under-represented groups; and ensure diversity and equal opportunity in all facets, terms, and conditions of state employment. Such plans shall set forth specific goals and timetables for achievement, shall comply with all applicable state and federal laws, and shall be updated, at a minimum, every two years.

Section 4. All programs, activities, and services provided, performed, licensed, chartered, funded, regulated, or contracted for by the state shall be conducted without unlawful discrimination based on race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry, national origin, disability, veteran's status (including Vietnam-era veterans), or background. Equal opportunity and diversity shall be protected and affirmatively promoted in all state, state-assisted, and state-regulated programs, activities, and services. Non-compliance shall subject violators to such disciplinary or remedial actions as permitted by law. This provision applies, but is not limited to, the use and operation of facilities owned, leased, funded or subject to control by the Commonwealth; the sale, lease, rental, financing, construction, or development of housing; state-licensed or chartered health care facilities, educational institutions, and businesses; education, counseling, and training programs; and public schools.

Section 5. All Executive Branch contracts entered into after the effective date of this Order shall contain provisions prohibiting contractors and subcontractors from engaging in discriminatory employment practices; certifying that they are in compliance with all applicable federal and state laws, rules, and regulations governing fair labor and employment practices; and committing to purchase 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. Such provisions shall be drafted in consultation with the Office of the Comptroller and the Operational Services Division, which shall develop and implement uniform language to be incorporated into all Executive Branch contracts. The provisions shall be enforced through the contracting agency, the Operational Services Division, and/or the Massachusetts Commission Against Discrimination. Any breach shall be regarded as a material breach of the contract that may subject the contractor to appropriate sanctions.

Section 6. All state agencies shall exclude from any forms requesting information any item or inquiry expressing or soliciting specifications as to race, color, creed, religion, national origin, ethnicity, gender, age, sexual orientation, gender identity or expression, or disability, unless the item or inquiry is expressly required by statute or is deemed by the Massachusetts Commission Against Discrimination, the Massachusetts Office on Disability, the Human Resources Division, or the Office of Diversity and Equal Opportunity to be a bona fide qualification or otherwise required in good faith for a proper purpose.

Section 7. The Office of Diversity and Equal Opportunity ("ODEO"), as presently established within the Human Resources Division of the Administration and Finance Secretariat, shall be responsible for ensuring compliance with this Executive Order and with all applicable state and federal laws. ODEO shall have a Director (the "Director"), who shall be selected by and serve at the pleasure of the Governor. The Director shall report to the Commonwealth's Chief Human Resources Officer and submit periodic written reports to the Governor. The Director shall have the authority to:

  • Establish guidelines for agency affirmative action and diversity plans ("plans");

  • Review all such plans and either approve, return for amendment, or reject them;

  • Establish periodic reporting requirements for agencies concerning the implementation of their plans and all actions taken to ensure compliance with this Executive Order and applicable state and federal laws;

  • Provide assistance to agencies in achieving compliance with their plans and with applicable federal and state laws;

  • Monitor and assess the status of agency compliance and investigate instances of non-compliance; and

  • Where appropriate, determine and impose remedial courses of action, including the potential imposition of a freeze on all personnel requisitions and appointment forms submitted by any non-compliant agency to the Chief Human Resources Officer.

Section 8. Each Secretariat shall appoint a Diversity Director. Each agency shall appoint a Diversity Officer. Diversity Directors and Officers shall have a direct reporting relationship to their Secretary or Agency head; shall also report to the Director of ODEO; and shall coordinate their component's compliance with the requirements of this Order and applicable federal and state laws. Through the Diversity Directors and Officers, and in compliance with the reporting guidelines and requirements established by ODEO, all state agencies shall submit periodic reports to the Director of ODEO concerning the status and implementation of their affirmative action and diversity plans.

Section 9. The Massachusetts Office on Disability ("MOD"), through its Director, shall be responsible for advising, overseeing and coordinating compliance with federal and state laws protecting the rights of persons with disabilities, including but not limited to the Americans with Disabilities Act 12131-12134; Section 504 ("504") of the Rehabilitation Act("ADA"), 42 U.S.C. §§ of 1973, 29 U.S.C. § 794; Article CXIV of the Massachusetts Constitution; and Chapter 6, §§ 185-87; Chapter 93, § 103; Chapter 151B; and Chapter 272, §§ 92, 98, and 98A of the Massachusetts General Laws. MOD shall serve as the Executive Branch's designated ADA and Rehabilitation Act Coordinator, and shall provide information, training, and technical assistance and promulgate guidelines reflecting best practices, policies and procedures concerning persons with disabilities. Each agency shall appoint an ADA/504 Coordinator who shall report directly to the agency head and work with MOD concerning issues involving persons with disabilities. Notification of such appointment shall be made to MOD's Director.

Section 10. Pursuant to guidelines established by ODEO and MOD, all agency heads, managers, supervisors, and employees shall attend mandatory diversity training within one year of the effective date of this Order. For future hires, such training shall be part of the standardized orientation provided to new employees.

Section 11. ODEO and MOD shall promulgate guidelines establishing a complaint resolution process for individuals who allege non-compliance by state agencies with applicable federal and state laws prohibiting discrimination. In instances where this process does not resolve the complaint, the Director of ODEO may refer to the Massachusetts Commission Against Discrimination ("MCAD") or to MOD any information concerning conduct that the Director believes may constitute a violation of the law. The MCAD shall initiate investigations and, where necessary, file complaints against those agencies and persons whom it has reason to believe are in violation of the laws of the Commonwealth or the United States.

Section 12. In performing their responsibilities under this Order, ODEO, MOD, and the MCAD shall have the full cooperation of all state agencies, including compliance with all requests for information.

Section 13. The Governor's Non-discrimination, Diversity and Equal Opportunity Advisory Council ("Advisory Council") is hereby established to advise the Governor concerning policies, practices, and specific actions that the Commonwealth should implement to ensure that the objectives of this Executive Order are accomplished.

13.1 The Advisory Council shall consist of fifteen persons, including a Chair, each of whom shall be appointed by the Governor. All members shall serve without compensation at the pleasure of the Governor in a solely advisory capacity.

13.2 The Advisory Council's work shall include, but need not be limited to, making written recommendations to the Governor concerning actions, policies, and practices that the Commonwealth should implement to ensure that the objectives of this Executive Order are accomplished.

13.3 The Advisory Council shall meet at such times and places as determined by the Chair and shall submit an initial report containing its written recommendations to the Governor no later than 60 days following the appointment of the Council's 15 members. Thereafter, the Advisory Council shall meet at least semi-annually and submit supplemental reports to the Governor no less than once per year.

Section 14. Nothing in this Executive Order shall be construed to preclude or otherwise limit the continuation or implementation of any lawful affirmative action programs or other programs that support the objectives of this Executive Order.

Section 15. This Executive Order shall take effect immediately and shall continue in effect until amended, superseded or revoked by subsequent Executive Order.

Given at the Executive Chamber in Boston this 17th day of February in the year two thousand and eleven, and of the Independence of the United States of America two hundred and thirty-four.


DEVAL L. PATRICK


GOVERNOR
Commonwealth of Massachusetts

WILLIAM FRANCIS GALVIN


Secretary of the Commonwealth

GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS


Appendix J
Schedules:
Schedule 1 Proposal Form
Schedule 2 Chapter 7, Section 40J Disclosure Form
Schedule 3 Sample Clerk’s Certificate
Schedule 4 Additional Certifications

SCHEDULE 1

Massachusetts Department of Transportation


Massachusetts Department of Agricultural Resources

Request for Proposals

Public Food Market Developer and Operator


Parcel 7, Boston

PROPOSAL FORM


NAME OF PROPOSER:


The undersigned (the “Proposer”) hereby acknowledges that it is fully familiar with all provisions contained in the Request for Proposals, Public Food Market Developer and Operator, Parcel 7, Boston, issued by the Massachusetts Department of Transportation (“MassDOT”) and the Massachusetts Department of Agricultural Resources (“MDAR”) in December 2011, and in any addenda issued in connection therewith (collectively, the “RFP”). The undersigned hereby represents and warrants that it is submitting this Proposal (the “Proposal”) in response to the RFP subject to and in accordance with the terms and provisions of the RFP, and that it offers to enter into a lease or other agreement with the Massachusetts Department of Transportation for the development and operation of a Public Food Market in the Parcel 7 building subject to: (i) the terms and conditions described in the RFP; (ii) the terms and conditions contained in the Proposal; and (iii) further terms and conditions to be negotiated with MassDOT and MDAR.

BY: WITNESS:

SIGNATURE: SIGNATURE:


TYPED NAME: TYPED NAME:

TITLE: TITLE:

DATE: DATE:

The Proposer hereby designates the following individual as its sole contact person and representative for purposes of providing clarification and any additional information required in connection with this Proposal.


TYPED NAME: TITLE:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE: FACSIMILE:
ELECTRONIC MAIL:

SCHEDULE 2
Massachusetts Department of Transportation

Massachusetts Department of Agricultural Resources
Request for Proposals

Public Food Market Developer and Operator

Parcel 7, Boston
CHAPTER 7, SECTION 40J DISCLOSURE STATEMENT
Pursuant to the requirements of Massachusetts General Laws, Chapter 7, Section 40J, I, _______________________________________________________, as duly authorized representative of _____________________________________________________, a ( ) corporation, ( ) partnership, ( ) joint venture, or ( ) other business entity; organized pursuant to the laws of the state of _______________ and having a place of business at ­­­­­­­­­­­­­­­­­­­­­­­­_________________________________________, provide the following statement giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in the real property which is the subject of the Proposal to the Massachusetts Department of Transportation to which this statement will be attached. If there are no such persons, I have indicated this by inserting the word “NONE” in the space below.
NAME ADDRESS

________________________________ __________________________________________

________________________________ __________________________________________

________________________________ __________________________________________

________________________________ __________________________________________

________________________________ __________________________________________



(If necessary, attach additional names and addresses on a separate sheet of paper referencing this Statement)
This Disclosure Statement is signed under the pains and penalties of perjury this ­­­­­____ day of ________________________, 201­_.

___________________________________________________________________________

Proposer Name

X_________________________________________________________________________

Signature of Authorized Representative Signing on Behalf of Proposer

___________________________________________________________________________

Print Name of Authorized Representative of Proposer

___________________________________________________________________________

Print Name of Authorized Representative of Proposer

SCHEDULE 3
Massachusetts Department of Transportation

Massachusetts Department of Agricultural Resources
Request for Proposals

Public Food Market Developer and Operator

Parcel 7, Boston

CLERK’S CERTIFICATE

(Applicable to all Corporations)


Date: ___________________


I, _____________________________________________________________________, being the clerk of_______________________________________________________________, hereby certify that the Proposal submitted hereby, has been authorized by the Board of Directors of said corporation, and that the above signatures are those of the duly authorized agents and/or officers of same ________________________________________________________________.

____________________________________



Clerk
(CORPORATE SEAL)
SCHEDULE 4
Massachusetts Department of Transportation

Massachusetts Department of Agricultural Resources
Request for Proposals
Public Food Market Developer and Operator

Parcel 7, Boston

ADDITIONAL CERTIFICATIONS FORM



Reference is made to the Request for Proposals, Public Food Market Developer and Operator, Parcel 7, Boston, dated December 2011, issued by the Massachusetts Department of Transportation (“MassDOT”) and the Massachusetts Department of Agricultural Resources (“MDR”), and any addenda thereto (collectively, the “RFP”). Initial capitalized terms, unless otherwise defined herein, shall have the meanings assigned to such terms in the RFP.
Chapter 66A (Confidentiality and Privacy)
The undersigned (the “Proposer”) acknowledges that, during the course of its performance of the development agreement, the lease or other agreement contemplated under the RFP, the Proposer may acquire or obtain access to "personal data" and become a "holder" of such "personal data" (as defined in Chapter 66A of the Massachusetts General Laws ("Chapter 66A")) or other information deemed confidential by MassDOT. The Proposer shall comply with Chapter 66A and any applicable regulations promulgated thereunder relative to confidentiality and privacy.
Section 7 of Chapter 521, Acts of 1990 (Child Care Assistance)
Pursuant to Section 7 of Chapter 521, Acts of 1990, as amended by Chapter 329, Acts of 1991, and regulations issued pursuant thereto, 102 CMR 12.00, the Proposer certifies under the pains and penalties of perjury that the Proposer is in compliance with the previously cited provisions of the Massachusetts General Laws and regulations issued pursuant thereto and, if it is a qualified employer having fifty (50) or more full time employees, has established a dependent care assistance program, child care tuition assistance, or on-site or near site child care placement; or is an exempt employer.
Chapter 62C, Section 49A (Tax Compliance)
Pursuant to M.G.L. Chapter 62C, Section 49A, the Proposer hereby certifies (a) under the pains and penalties of perjury that the Proposer is in compliance with all federal laws and laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support, and (b) to the best of its knowledge and belief, Proposer has no outstanding payment or filing obligations to the Commonwealth of Massachusetts Department of Revenue.
Chapter 7, Section 22C (Northern Ireland Notice and Certification)
State agencies, state authorities, the House of Representatives or the state Senate may not procure goods or services from any person employing ten or more employees in an office or other facility located in Northern Ireland who fails to complete the certification required by M.G.L. c. 7, section 22C. The Proposer certifies under the pains and penalties of perjury either that (check the applicable statement):
( ) the Proposer does not employ ten or more employees in an office or other facility in Northern Ireland; OR
( ) the Proposer employs ten or more employees in an office or other facility located in Northern Ireland and further certifies that:
1. the Proposer does not discriminate in employment, compensation, or the terms, conditions and privileges of employment on account of religious or political belief, and
2. the Proposer promotes religious tolerance within the work place, and the eradication of any manifestations of religious and other illegal discrimination; and
3. the Proposer is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland.
Conflict of Interest/Collusion Certification
The Proposer certifies under the pains and penalties of perjury that (a) no relationship exists between the Proposer and MassDOT or any officer, employee, or agent of MassDOT that constitutes unfair competition or a conflict of interest or that may be adverse to MassDOT; and (b) it has not acted in collusion with any other Proposer or other entity doing business with MassDOT in a way that would constitute unfair competition or that may be adverse to MassDOT.
Other Certifications
The Proposer certifies under the pains and penalties of perjury that the Proposer has filed with the Secretary of the Commonwealth of Massachusetts all certificates and annual reports required by law.
The Proposer certifies under the pains and penalties of perjury that the Proposer is not presently debarred or suspended from providing goods and/or services to the Commonwealth, or any other applicable debarment or suspension provision under state law or any rules or regulations promulgated thereunder.

Signed under the pains and penalties of perjury on this _____ day of _____________________, 201__.



Proposer Name


X

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December 2011


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