COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF TRANSPORTATION

STANDARD SPECIFICATIONS

for Highways and Bridges

2026 Edition

DIVISION I

Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges i 2026 Edition

TABLE OF CONTENTS

Section 1.00: Definition of Terms

Section 2.00: Proposal Requirements and Conditions

Section 3.00: Award and Execution of the Contract

Section 4.00: Scope of Work

Section 5.00: Control of Work

Section 6.00: Control of Materials

Section 7.00: Legal Relations and Responsibility to Public

Section 8.00: Prosecution and Progress

Section 9.00: Measurement and Payment

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DIVISION I:

GENERAL REQUIREMENTS AND COVENANTS

Section 1.00: Definition of Terms

Section 2.00: Proposal Requirements and Conditions

Section 3.00: Award and Execution of the Contract

Section 4.00: Scope of Work

Section 5.00: Control of Work

Section 6.00: Control of Materials

Section 7.00: Legal Relations and Responsibility to Public

Section 8.00: Prosecution and Progress

Section 9.00: Measurement and Payment

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SECTION 1.00: DEFINITION OF TERMS

Subsection 1.01: Definition of General Terms

In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where “contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned,” it shall be understood as if the expression were followed by the words “by the Engineer” or “to the Engineer.”

Wherever in these specifications or other contract documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

Subsection 1.02: References, Abbreviations, Acronyms, Measurement Units and Symbols

1.02.A: References

Section and Subsection titles and headings provide reference only, not interpretation. A cross-reference to a specific Subsection of these Specifications includes all general requirements of the Section of which the Subsection is a part.

Where codes, standards, requirements or publications of public or private bodies are referred to in the Contract Documents, references shall be understood to be to the latest revision in effect on the date of opening of bids, except where otherwise indicated. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.

1.02.B: Abbreviations and Acronyms

Wherever the following abbreviations and acronyms are used in these specifications or on the plans, they are to be construed as the same as the respective expressions represented:

Abbreviation / Acronym Description

AAB Massachusetts Architectural Access Board

AAP AASHTO Accreditation Program

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

ADA Americans with Disabilities Act

AISC American Institute of Steel Construction

AISI American Iron and Steel Institute

AMPT Asphalt Mixture Performance Tester

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Abbreviation / Acronym Description

ANSI American National Standards Institute

ARGG Asphalt Rubber Gap Graded

APA Asphalt Pavement Analyzer

AQL Acceptable Quality Level

ASA American Standards Association

ASTM American Society of Testing and Materials

ATSSA American Traffic Safety Services Association

AWPA American Wood Preservers Association

AWWA American Water Works Association

AWS American Welding Society

BIN Bridge Identification Number

BOL Bill of Lading

CARB California Air Resources Board

CFC Contractor Field Completion

CFR Code of Federal Regulations

CMR Code of Massachusetts Regulations

COA Certificate of Analysis

COC Certificate of Compliance

CPM Critical Path Method

CQE Contract Quantity Estimate

DCE Diesel Construction Equipment

DEP Commonwealth of Massachusetts Department of Environmental Protection

DOC Diesel Oxidation Catalyst

DPF Diesel Particulate Filter

DR Deficiency Report

ECD Emissions Control Device

EPA United States Environmental Protection Agency

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Abbreviation / Acronym Description

ESALS Equivalent Single Axle Loads

EWO Extra Work Order

FBU Full Beneficial Use

FHWA United States Department of Transportation Federal Highway Administration

FSS United States General Service Administration Federal Specifications and Standards

HMA Hot Mix Asphalt

IA Independent Assurance

IES Illumination Engineering Society

IMSA International Municipal Signal Association

IRF Inspection Report Form

ITE Institute of Transportation Engineers

JMF Job Mix Formula

LQP Laboratory Qualification Program

LTMF Lab Trial Mix Formula

MASH AASHTO Manual for Assessing Safety Hardware

MEC Massachusetts Electrical Code

MIL SPEC Military Specifications

MGL Massachusetts General Laws

MTV Material Transfer Vehicle

MUTCD Manual on Uniform Traffic Control Devices for Streets and Highways with the Massachusetts Amendments

NCHRP National Cooperative Highway Research Program

NCR Non-Conformance Report

NEC National Electrical Code

NEMA National Electrical Manufacturers Association

NEPCOAT Northeast Protective Coating Committee

NETTCP Northeast Transportation Training and Certificate Program

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Abbreviation / Acronym Description

NPCA National Precast Concrete Association

NSBA National Steel Bridge Alliance

NTP Notice to Proceed

OGFC Open-Graded Friction Course

OSHA Occupational Safety and Health Administration

PCI Precast/Prestressed Concrete Institute

PCS Primary Control Sieve

PGA Processed Glass Aggregate

PGAB Performance Graded Asphalt Binder

PPM Parts per Million

PSR Project Spending Report

PWL Percent Within Limits

QC Quality Control

QCML MassDOT Qualified Construction Materials List

QLA Quality Level Analysis

QSM Quality System Manual

QTCE MassDOT Qualified Traffic Control Equipment

RAP Reclaimed Asphalt Pavement

RAS Recycled Asphalt Shingles

RFI Request for Information

RMS MassDOT Research and Materials Section

SAE Society of Automotive Engineers

SQL Suspension Quality Level

SSPC Society for Protective Coatings

TEA Time Entitlement Analysis

TIFF Tagged Image File Format

TRF Test Report Form

TTCP Temporary Traffic Control Plan

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Abbreviation / Acronym Description

UL Underwriters Laboratories

ULSD Ultra Low Sulfur Diesel

VECP Value Engineering Change Proposal

WMA Warm Mix Asphalt

1.02.C: Measurement Units and Symbols

These Specifications provide measurements in U.S. Customary Units and, where needed, in the International System of Units, abbreviated as SI and commonly referred to as the metric system.

Where both units are listed, U.S. Customary Units appear first, followed by SI units in parentheses.

To specify sizes, dimensions, and similar properties, the Department may use symbols for units of measurement. These symbols are defined in Table 1.02-1.

Table 1.02-1: Measurement Symbols U.S. Customary Units SI Units (Metric)

Symbol Unit Name Symbol Unit Name

Length mil mil (0.001 inch) µm micrometer

in. inch mm millimeter ft foot cm centimeter yd yard m meter mi mile km kilometer

Area in.2 square inch cm² square centimeter ft2 square foot yd2 square yard m2 square meter mi2 square mile km2 square kilometer acre acre ha hectare

Volume in.3 cubic inch mL milliliter qt quart gal gallon L liter ft3 cubic foot yd3 cubic yard m3 cubic meter

MBF thousand board feet

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U.S. Customary Units SI Units (Metric)

Symbol Unit Name Symbol Unit Name

Weight (Mass) µg microgram mg milligram oz ounce g gram lb pound kg kilogram ton 2,000 pounds Mg (or tonne) megagram

Force lb pound N newton kip 1,000 pounds kN kilonewton

Pressure, Stress psi pounds per square inch Pa pascal ksi kips per square inch kPa kilopascal psf pounds per square foot MPa megapascal

Density pcf pounds per cubic foot kg/m3 kilograms per cubic meter

Energy ft-lb foot-pound J joule

Illuminance fc foot candle lx lux

Luminous Intensity cd candela

Electric Potential

V volt kV kilovolt

VAC voltage in alternating current

VDC voltage in direct current

Electric Current

A ampere

Frequency

Hz hertz

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U.S. Customary Units SI Units (Metric)

Symbol Unit Name Symbol Unit Name

Time s second s second min minute min minute h hour h hour d day d day

Temperature

°F degree Fahrenheit °C degree Celsius

Speed mph miles per hour kph kilometers per hour

Subsection 1.03: Defined Terms

Term Definition

Advertisement The notice, as required by law, inviting bids (proposals) for work to be performed or materials to be furnished.

Alteration A change or substitution in the form, character, or detail of the work done or to be done within the original scope of the Contract at unit prices stated in the Contract, which alteration makes a change in the item originally contracted for or a substitution from that item to a similar item at the same unit price.

Award The acceptance by the Department of a bid (proposal) contemplating the execution and delivery of a contract.

Bid See Proposal.

Bid, Informal as to form A bid which contains a minor deficiency or deviation from what is requested by the Department.

Bid, Informal as to substance

A bid which fails to comply with the requirements of the public bidding law.

Bidder (Proposer) Any individual, firm, partnership, corporation or joint venture submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative.

Bridge The term “bridge” shall apply to any structure whether single or multiple span construction that spans a body of water, depression, highway or railway, and affords passage for pedestrians, or vehicles of all kinds, or any combination thereof having a total length of 20 feet or more.

In general, the “length” of a bridge is that distance measured horizontally along the centerline of roadway between extreme

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Term Definition centerlines of bridge shoes or bearings, or when shoes or bearing are not used the distance between vertical faces of abutments, or spring lines of arches, or extreme ends of openings for multiple reinforced concrete boxes.

The “roadway width” of a bridge is the clear width measured at right angles to the longitudinal centerline of the bridge between the bottom of curbs or guard timbers or in the case of multiple height or curbs, between the bottom of the lower risers.

Commonwealth The Commonwealth of Massachusetts.

Contract The written agreement executed between the Party of the First Part and the Contractor setting forth the obligations of the Parties thereunder, including, but not limited to, the performance of the work, the furnishing of labor and materials, and the basis of payment.

The Contract includes the Notice to Contractors, proposal, contract form and contract bond, Standard Specifications, Supplemental Specifications, Special Provisions, general and detailed plans, any extra work orders and agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

Contractor The Party of the Second Part to the Contract, acting directly or through an authorized lawful agent or employee.

Contract Item (Pay Item) A specifically described unit of work for which a price is provided in the contract.

Contract Time The number of days allowed for the completion of the Contract.

In case a calendar date of completion is shown in the Proposal in lieu of the number of days, the Contract shall be completed by that date.

Culvert A structure not classified as a bridge which provides an opening under the roadway.

Day Every day shown on the calendar, Sundays and Holidays included.

Department The Massachusetts Department of Transportation.

Differ substantially or materially

When the character of the work encountered in exposing subsurface or latent physical conditions, while the work is in progress, is found to be essentially different in nature from that shown on the plans or indicated on the contract documents or from that ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the

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Term Definition construction methods required for the performance of the work, resulting in any increase or decrease in the cost of the work.

Engineer The Chief Engineer of the Department acting directly or through an authorized representative, such representative acting within the scope of the particular duties entrusted to them.

Extra Work Work which:

Was not originally anticipated and/or contained in the contract;

and, therefore

Is determined by the Engineer to be necessary for the proper completion of the project; and

Bears a reasonable subsidiary relation to the full execution of the work originally described in the Contract.

Extra Work Order An order in writing issued by the Engineer to the Contractor prior to performing the work, setting forth the Extra Work to be done, the basis of payment and time adjustments, if any.

Invitation for Bids The advertisement for Proposals for all work or materials on which bids are required. Such advertisement will indicate the approximate project value, category of work and location of the work to be done and the time and place of the opening of Proposals.

Latent Physical Conditions Actual physical conditions at the site that were indiscernible;

hidden; not visible or apparent, and which as a basis for a request for an equitable adjustment, differ substantially and materially from those shown on the plans or indicated in the contract documents.

Layout Plans Plans showing layout (locations) lines, property lines, comer markers, names of property owners, access and nonaccess (if Limited Access Highway) points, and the location of bounds.

Location Lines Lines indicating the limits of the Right-of-Way.

MassDOT The Massachusetts Department of Transportation, a body politic and corporate, under Chapter 25 of the Acts of 2009 “An Act Modernizing the Transportation Systems of the Commonwealth,” as amended.

Material Any substances specified for use in the construction of the project and its appurtenances.

Notice to Proceed A written communication issued by the Department to the Contractor authorizing them to proceed with the work and establishing the date of commencement of the work.

Party of the First Part In contracts with the Department, the Party of the First Part shall be the Department.

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Term Definition

In contracts made by a municipality with a Contractor under the provisions of MGL Chapter 6C, Section 4, Paragraph (b), the Party of the First Part shall be the municipality (town or city) by its duly authorized officials.

In contracts made by a municipality with another party the Party of the First Part shall be the municipality (town or city) by its duly authorized officials.

Pavement Structure The combination of sub-base, base course and surface course placed on a subgrade to support the traffic load and distribute it to the subgrade.

Plans Approved contract drawings, Construction Standard Details, working drawings, supplemental drawings, Detail Sheets or exact reproductions thereof, which show the location, character, dimensions and details of the work to be done.

Project The specific section of highway together with all appurtenances and construction to be performed thereon under the contract.

Proposal The written offer of the Bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted.

Proposal Form The approved form on which the Department requires bids to be prepared and submitted for the work.

Reference Where reference is made in the Contract Documents to Publications or Standards issued by Associations or Societies, the intent shall be to specify the current edition of such Publications or Standards in effect on the date of the contract advertisement, notwithstanding any reference to a particular date.

Right-of-Way That area which has been laid out or acquired for highway purposes.

Roadway Flagger A person who actively controls the flow of vehicular, bicycle, and pedestrian traffic into and/or through a temporary traffic control zone as authorized in 700 CMR 6.00. Requirements for Roadway Flagger training, certification, apparel, and equipment are defined in Subsection 850: Traffic Controls for Construction and Maintenance Operations.

Slope The ratio of change in part(s) horizontal (H) to one part vertical (V).

Sieves All sieves referred to in the Specifications shall be standard woven wire cloth sieves and shall conform to the requirements of ASTM E11.

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Term Definition

Special Provisions The special agreements and provisions prepared for proposed work on a specific project. The special provisions shall be included within the general term specifications and are part of the Contract.

Specifications The Standard Specifications, Supplemental Specifications, Special Provisions, directions, provisions and requirements contained or referenced herein together with all written agreements made or to be made pertaining to the method and manner of performing the work, or the quantities and qualities of materials to be furnished under the Contract.

Standard Specifications The Standard Specifications for Highways and Bridges issued by the Department.

Subcontractor An individual, firm, partnership or joint venture to whom the contractor with prior written approval of the Engineer sublets any part of the Contract.

Subbase The layer of material placed on the subgrade as a foundation for roadway or sidewalk.

Subgrade The plane at the bottom of the subbase.

Substantial Completion Either that the work required by the contract has been completed except for work having a contract price of less than one percent of the then adjusted total contract sum, or substantially all of the work has been completed and opened to public use except for minor incomplete or unsatisfactory work items that do not materially impair the usefulness of the work required by the contract. Substantial completion shall be conclusively determined by the Engineer after inspection of the work.

Supplemental Specifications

Specifications issued by the Department that amend portions of the Standard Specifications.

Traffic Officer A uniformed law enforcement officer currently employed by a state, county, municipal or district law enforcement agency and is authorized to act as a law enforcement officer as defined in MGL Chapter 6E, Section 1.

Unbalanced Bid An unrealistic bid price which is abnormally high or abnormally low for an item of work and does not reflect the actual cost of performing such item of work.

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Term Definition

Work The furnishing of all labor, materials, equipment and other incidentals necessary for or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract. Work shall include in addition to work to be performed on the project location in the actual construction process, necessary shop plans, computations, ordering of materials and equipment, fabrication of material, parts and components, etc.

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SECTION 2.00: PROPOSAL REQUIREMENTS AND CONDITIONS

Subsection 2.01: Proposal Forms and Plans

2.01.A: Prequalification Prior to Requesting Proposal Forms

Subject to the requirements of MGL Chapter 81, Section 8B, each prospective Bidder proposing to bid on any work, excepting the construction, reconstruction, repair or alteration of buildings, to be awarded by the Department or by a municipality under the provisions of MGL Chapter 6C, Section 4, Paragraph (b), must be prequalified in accordance with 700 CMR 14.00 Prequalification of contractors and subcontractors, if the amount of the proposal added to the value of the uncompleted work already under contract with the Department will aggregate $50,000 or more.

For work aggregating under $50,000, prequalification requirements shall be at the discretion of the Department.

Except for projects for which prequalification is not required under 700 CMR 14.04(2), proposals for a project shall be limited to those bidders who have been prequalified by the Prequalification Committee in the specified class of work on or before the time of bid opening.

2.01.B: Issuance of Proposal Forms and Plans

All prospective Bidders who intend to bid on work to be awarded by the Department, may obtain the plans and specifications from the Department at the place specified in the Notice to Contractors.

For projects to be awarded under the provisions of MGL Chapter 6C, Section 4, Paragraph (b), bidders may obtain plans and specifications from the applicable municipality at the place specified in the Notice to Contractors.

Contractors intending to bid on any project must first obtain “Request for Proposal Forms” (R-109 Form), from the Prequalification Office, which form must be completed and submitted to the Director of Prequalification for approval. Upon approval, the official bidder shall be entitled to receive official proposal documents. Other interested parties may receive an informational copy of the plans and specifications.

Official proposal documents shall contain plans and specifications showing the location and description of the contemplated work; an itemized proposal form listing the estimates of the various quantities of work to be performed and materials to be furnished; the time in which the work must be completed; and also, a Notice to Contractors and special provisions for the particular project.

The Department is not responsible for loss of or damage to the official proposal documents after they have been mailed or given to the bidder. If loss or damage occurs, the bidder may request another copy.

Modifications to any official proposal documents will be made through the Addendum process and posted on www.bidx.com and www.commbuys.com. The bidder shall take responsibility for incorporating the revised data into the proposal upon notification from the Department. The bidder must provide an e-mail address to the Department for receipt of addenda notification.

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Subsection 2.02: Interpretation of Basic Estimate of Quantities

All bids will be compared on the estimate of quantities of work to be done, as shown in the Proposal.

The parties expressly agree that these quantities are being set forth as a basis for the comparison of bids only and the parties also expressly agree that the actual amount of work may not correspond therewith. The Department expressly reserves the right to adjust said quantities in accordance with actual conditions as found to exist during the course of work.

Bidders agree to submit their estimate upon the following express condition, which shall apply to and become part of every bid received: the work has been divided into items in order to enable the Bidder to bid on the different portions of the work in accordance with the Bidder’s estimate of their cost, so that in the event of an increase or decrease in the quantities of any particular item of work the actual quantities executed shall be paid in accordance with the contract.

An increase or decrease in the quantity for any item shall not be regarded as cause for an increase or decrease in the contract unit prices, nor in the time allowed for the completion of the work, except as provided in Subsection 4.06: Increased or Decreased Contract Quantities, Subsection 8.10:

Determination and Extension of Contract Time for Completion (Time Extensions), and Subsection 9.03: Payment for Extra Work.

Subsection 2.03: Examination of Plans, Specifications, Special Provisions, and Site of Work

The Department will prepare plans and specifications giving directions which will enable any competent mechanic or contractor to carry them out. The Bidder is expected to examine carefully the site of the proposed work, the proposal, plans, specifications, supplemental specifications, special provisions, and contract forms, before submitting a Proposal. The submission of a bid shall be considered prima facie evidence that the Bidder has made such examination of the site of the proposed work, plans, proposal, etc., and is familiar with the conditions to be encountered in performing the work and as to the requirements of the plans, specifications, supplemental specifications, special provisions, and Contract.

Subsection 2.04: Preparation of Proposals

All bidders shall use Bid Express for submittal of bids. Bidders shall subscribe to the BidExpress on-line bidding exchange by following the instructions provided at www.bidx.com or by contacting:

Info Tech Inc.

5700 SW 34th Street, Suite 1235 Gainesville, FL 32608-5371 customer.support@bidx.com

In order to submit a bid, the Bidder shall have a digital identification (ID) issued by the Department on file with Info Tech Inc. and enabled by Info Tech Inc. This Digital ID represents the firm as an individual, partnership, corporation, limited liability company, or joint venture. By entering and submitting the Digital ID the authorized parties obligate the firm to the bid. Using this digital ID shall constitute the Bidder’s signature for proper execution of the Proposal.

mailto:customer.support@bidx.com

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Electronic bid files are provided through the Bid Express on-line bidding exchange at www.bidx.com. The bidder shall follow the on-line instructions and review the help screens provided to assure that the schedule of items is prepared properly. Bidders shall download and acknowledge any and all addenda files prior to submitting their final bid. Bids shall be submitted in accordance with the requirements of the Bid Express Web site.

At the designated time of the bid opening the Department will accept as the official bid, the set of proposal forms generated from the electronic proposal which includes the bid item sheets, bid bond, addendum acknowledgement, and affidavit of non-collusion.

The Department will not be responsible for any communications or hardware breakdowns, transmission interruptions, delays, or any other problems that interfere with the receipt or withdrawal of proposals as required above either at the Bidder’s transmitting location, at the Department’s receiving location, or anywhere between these locations will not be considered grounds for a bid protest. The Department will not be held responsible if the bidder cannot complete and submit a bid due to failure or incomplete delivery of the files submitted via the Internet.

Subsection 2.05: Delivery of Proposals

The Bidder shall submit the proposal prior to the time set for opening of the bid.

Subsection 2.06: Proposal Guaranty Required

In order to ensure the faithful fulfillment of its terms, each Proposal shall be accompanied by a bid deposit in the amount of 5 percent of the bid.

The bid deposit shall be a bid bond in a form satisfactory to the Department furnished by a surety company incorporated pursuant to Chapter 175, Section 105 of the General Laws or authorized to do business in the Commonwealth under Chapter 175, Section 106 of the General Laws and satisfactory to the Department; or cash; or a certified check drawn on a responsible bank or trust company (or a treasurer's or cashier's check issued by such bank or trust company), payable to the Massachusetts Department of Transportation.

Subsection 2.07: Withdrawal of Proposals

Prior to the designated bid opening time, the Bidder may electronically withdraw a proposal.

After the deadline for submitting bids, a bidder may submit a written request to withdraw its bid to the Department. The Department will only grant the request on a clear showing to the satisfaction of the Department that the bid amount resulted from bona fide clerical or mathematical error of a substantial nature or from other similar unforeseen circumstances. When the Department grants a request to withdraw a bid, the Department will return the bidder’s bid deposit.

Subsection 2.08: Public Opening of Proposals

The total price of each compliant proposal submitted by the deadline indicated in the Notice to Contractors, will be posted on www.bidx.com forthwith after the bid submission deadline. Bids may be examined on www.bidx.com or at MassDOT after the bid submission deadline and posting of the results on www.bidx.com.

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Subsection 2.09: Rejection of Proposals

Proposals which fail to meet the requirements of Subsection 2.04: Preparation of Proposals, Subsection 2.05: Delivery of Proposals, and Subsection 2.06: Proposal Guaranty Required or which are incomplete, conditional or obscure, or which contain additions not called for, alterations or irregularities of any kind, or in which errors occur, or which contain abnormally high or abnormally low prices for any class or item of work, may be declared informal, provided however that the Department may, if it deems it to be in the public interest, waive any or all informalities as to form.

Informalities as to substance, however, shall not be waived.

More than one Proposal from the same Bidder, whether or not the same or different names appear on the signature page, will not be considered. Reasonable proof for believing that any Bidder is so interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals made by them directly or indirectly. Any Proposals will be rejected if there is reason for believing that collusion exist among the Bidders. (See Subsection 3.01: Consideration of Proposals.)

In accordance with 700 CMR 14.00, Proposals may also be rejected if:

• award of the contract would result in the Bidder exceeding the Aggregate Bonding Capacity or the Single Bonding Capacity established by its Surety Company, or the Bidder's Proposal exceeds its Single Contract Limit, or the Bidder was not prequalified in the specified class of work on or before the time of bid opening; or

• the Bidder is presently debarred from performing work of any kind under the provisions of MGL, Chapter 29, Section 29F, or any other applicable debarment provisions of the Massachusetts General Laws or any rule or regulation promulgated thereunder; or

• the Bidder is presently debarred from performing work of any kind under the laws of any state other than the Commonwealth of Massachusetts, or by any Federal agency or authority; or

• there is substantial reason to believe that the condition of the Bidder's firm is less favorable than at the time of its last Application for Prequalification; or

• the Bidder does not have sufficient equipment, or sufficient assets to provide necessary equipment either through purchase or lease agreements; or

• the Bidder's performance on past or current work with the Department or other awarding authorities is or has been unsatisfactory; or

• on current projects of the Department or other public authorities the Bidder frequently fails or has failed to pay its subcontractors or material suppliers in a timely manner, or that 5 or more subcontractors or material suppliers of the Contractor for a project currently under construction have filed demands for direct payment with the project’s awarding authority in accordance with MGL Chapter 30, Section 39F; or

• the Bidder is not otherwise an eligible and responsible Bidder capable of performing the work.

Subsection 2.10: Disqualification of Bidders

Bidders whose Proposals have been rejected because of evidence of collusion may be subject to criminal prosecution, civil damage actions, and State and Federal administrative sanctions including debarment under applicable provisions of state and federal law.

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Subsection 2.11: Determination of Lowest Bid

The lowest bid shall be determined by the Department on the basis of the total price for which the entire work will be performed, arrived at by a correct computation of all the items specified in the Proposal at their estimated quantities and the unit prices submitted therefor.

Subsection 2.12: Material Guaranty

Before any contract is awarded, the Bidder may be required to furnish without expense to the Department a complete statement of the origin, composition and manufacture of any or all materials proposed to be used in the construction of the work, together with samples, which may be subjected to the tests required by the Department to determine the quality and fitness of the material.

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SECTION 3.00: AWARD AND EXECUTION OF THE CONTRACT

Subsection 3.01: Consideration of Proposals

The Department reserves the right to reject any and all bids, or any bid item, to advertise for new Proposals for the project, to waive technicalities, to waive informalities as to form, or to proceed to do the work otherwise, as may be deemed to be in the best interest of the Department.

Nothing herein shall be construed as depriving the Department of the right to reject any bid when such bid does not fully comply with the specifications for the project or the applicable public bidding laws or regulations, or the Contractor is otherwise not eligible or responsible to receive award of the contract.

A proposal will be considered irregular and will be rejected if it is determined that any of the unit prices are materially unbalanced to the detriment of the Department. The bidder will be required to justify in writing the price or prices bid for the work in question before the Department decides to award the contract or reject the bid.

Subsection 3.02: Award of Contract

Subject to the reservations in Subsection 3.01: Consideration of Proposals, the contract will be awarded to the lowest eligible and responsible Bidder.

It is anticipated that the Contract will be awarded within 30 days after the opening of bids, or, for projects requiring concurrence by the FHWA, or other Agencies, within 45 days after the opening of bids.

The successful bidder will be notified by mail or otherwise that their bid has been accepted and that they have been awarded the Contract.

No municipality may award a contract until the Department has determined that the bidder was prequalified in the specified class of work on or before the time of bid opening, and has not exceeded the Aggregate Bonding Capacity established by the bidder's surety company, and has, if applicable, a Single Project Limit in an amount equal to or in excess of the Proposal amount, and is otherwise in compliance with 700 CMR 14.00 Prequalification of contractors and subcontractors.

Subsection 3.03: Retention of Proposal Guaranty

The two lowest Bidders shall keep their bids open for at least 30 days after the opening of bids, or, for projects requiring concurrence by the FHWA, or other Agencies, for at least 45 days after the opening of bids. The Proposal guaranties of the two lowest Bidders will be retained until after execution of the Contract, prior to which, however, either Bidder may substitute a bid bond, cash or certified check (or cashier's or treasurer's check), all as described in Subsection 2.06: Proposal Guaranty Required, for the guaranty already deposited with the Supervisor of Fiscal Management of the Department. The Department will endeavor to return the Proposal guaranties of all Bidders other than the two lowest Bidders within three days after the opening of bids.

After the bid has been kept open for the required number of days the low Bidder may withdraw their bid and request the return of their proposal guaranty, in which case the guaranty of both the

I.20 2026 Edition two lowest Bidders will be returned and the second lowest Bidder's Proposal shall not be considered for award. After the bid has been kept open for the required number of days the second lowest Bidder may withdraw their bid and request the return of their proposal guaranty, in which case only the proposal guaranty of the second lowest Bidder will be returned.

Subsection 3.04: Contract Bonds Required

A Performance Bond in the full amount of the Contract will be required by the Department to ensure the faithful performance of the Contract and in accordance with Subsection 7.18:

Contractor’s Responsibility for the Work.

A Payment Bond in an amount of the contract price will be required to be furnished by the Contractor to the Department as security for payment by the Contractor and Subcontractors for labor, materials, rental equipment and for such other purposes as are more specifically set forth in MGL Chapter 149, Section 29 and Chapter 30, Section 39A and all amendments thereto.

The payment bond referred to in Chapter 149, Section 29 and Chapter 30, Section 39A is the sole security under said sections for payment by the Contractor and Subcontractor for labor performed or furnished and materials used or employed therein; said security to remain in force until the validity of all such claims shall be established and finally determined and if determined and established as valid, all such claims shall be paid by the surety.

The Performance Bond and the Payment Bond shall be in a form satisfactory to the Department, furnished by a surety company incorporated pursuant to Chapter 175, Section 105 of the General Laws or authorized to do business in the Commonwealth under Chapter 175, Section 106 of the General Laws and satisfactory to the awarding authority. The name of the agency or agent writing these bonds shall be identified with or on the bond.

All alterations, extensions of time, extra work and any other changes authorized under these specifications, or under any part of the Contract may be made by the Department. The Contractor shall be responsible for notifying the surety or sureties regarding changes to the Contract. The Contractor shall provide evidence of revised bond.

Where the Contract utilizes additional artisans, equipment rental, materials, engineering services and specialty services to complete work assignments approved by the Engineer, the Contractor is responsible for additional bond associated with the increased value of the Contract.

Subsection 3.05: Execution of Contract

The prepared contract forms, bond forms, certificate of insurance forms, and certification of construction equipment standard compliance form are available on www.bidx.com. The successful Bidder shall execute and deliver the contract and furnish the required forms and surety to the Department within 3 days after the date of the notice of award.

The contract shall be in writing and executed in duplicate, one kept by the Department and one delivered to the Contractor. When the awarding authority is a municipality it shall be executed in triplicate, one kept by the municipality, one delivered to the Department, and one delivered to the Contractor.

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The date of the contract shall be the date of the Bidder’s signature and shall be typed on all forms by the successful Bidder. The company’s corporate seal should be affixed to both the contract and bonds.

The Contractor’s board of directors vote will indicate who is authorized to sign and execute the contract and bonds and affix the corporate seal. The vote shall show that said vote is in full force and effect and has not been amended or rescinded. The vote of the board of directors should be dated the same date as indicated on the contract form and should bear the imprint of the company’s corporate seal.

Subsection 3.06: Failure to Execute Contract

Should the successful bidder fail to execute the contract and furnish the bonds and certificate of insurance within the time stipulated, the Department may, at its option, determine that the Bidder has abandoned the Contract and thereupon the Proposal and acceptance shall be null and void. In accordance with MGL Chapter 30, Section 39M, the guaranty accompanying the Proposal may be retained and collected by the Department as liquidated damages for the delay and expense caused by the abandonment of the Contract.

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SECTION 4.00: SCOPE OF WORK

Subsection 4.01: Intent of the Contract

The intent of the Contract is to prescribe the complete work or improvement. The Contractor shall perform all the items of work stipulated in the Proposal in accordance with the lines, grades, typical cross sections and dimensions shown on the plans or supplemental plans, standards, or modifications of them as required by change conditions in the field, and as authorized or directed.

The Contractor shall do all clearing and grubbing; make all excavations and embankments; do all shaping and surfacing; construct all drainage structures, bridges and other appurtenant structures, as indicated in the Contract; remove all obstructions from within the lines of the improvement; and shall do such additional, extra and incidental work as may be considered necessary to complete the work in a substantial and acceptable manner; and when it is so completed they shall leave the work in a neat and finished condition.

The Contractor shall do all the work and furnish all the materials, tools and appliances, except as otherwise specified, necessary or proper for performing and completing the work required by the Contract, in the manner and within the time specified. The Contractor shall complete the entire work to the satisfaction of the Engineer, and in accordance with the specifications and drawings for the work at the prices agreed upon.

All the work, labor and materials to be done and furnished under the Contract shall be done and furnished pursuant to, and in conformity with the specifications and the drawings for the work, which said specifications and drawings shall form part of the Contract. Further the Contractor shall follow the directions of the Engineer as given from time to time during the progress of the work under the terms of the Contract.

The Contract shall include grading outside the right-of-way together with the work of loaming surfaces, constructing walks, driveways, drains, and other miscellaneous work as shown on the plans and as directed.

The Contract shall include technical submittals, schedule submittals, materials COCs, payroll records and any and all other documents required by the plans and specifications to support the physical work of the contract.

The Contract shall, at the discretion of the Party of the First Part, be extended when the safety and convenience of the public necessitates the construction of access roads or approaches to existing roadways or bridges and the nature of such additional work bears a reasonable subsidiary relation to the original Contract.

Subsection 4.02: Alterations

Should it be found desirable by the Engineer to make alterations in the form, character, or detail of any of the work done or to be done, the Engineer may order such alterations to be made, defining them in writing, supplemented by drawings when in the judgment of the Engineer it is necessary, and the alterations shall be made accordingly.

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The Contractor shall accept as full compensation for work performed under an alteration order the contract unit prices stipulated in the Contract for the actual quantity of work performed in an acceptable manner.

Subsection 4.03: Extra Work

The Contractor shall do any work not herein otherwise provided for when and as ordered in writing by the Engineer, such written order to contain particular reference to this Subsection and to designate the work to be done as Extra Work.

Unless specifically noted in the Extra Work Order, Extra Work will not extend the time of completion of the Contract as stipulated in Subsection 8.10: Determination and Extension of Contract Time for Completion (Time Extensions).

Payment for extra work will be as provided in Subsection 9.03: Payment for Extra Work.

The determination of the Engineer shall be final upon all questions concerning the amount and value of Extra Work (except as provided in Subsection 7.16: Claims of Contractor for Compensation).

If the Contractor disputes the scope, cost or time associated with the executed Extra Work Order or the determination by the Engineer for requested extra work, then the Contractor must deliver to the Department written notice of a claim in accordance with Subsection 7.16: Claims of Contractor for Compensation.

Subsection 4.04: Changed Conditions

In accordance with Chapter 30, Section 39N of the General Laws, as amended, the following paragraph is included in its entirety:

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

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The filing, investigation and settlement of all claims made under said Chapter and Section shall be as follows:

(a) The Contractor shall promptly, and before such conditions are disturbed notify the Engineer in writing describing in full detail the subsurface or latent physical conditions at the site which they maintain differ substantially or materially from those shown on the plans or indicated in the contract documents. The Engineer shall promptly investigate the conditions and shall promptly prepare a written report of the findings, with a copy to the Contractor. If the Engineer finds that such conditions as have been described in detail by the Contractor do exist and in fact do so differ materially or substantially, an equitable adjustment shall be made and the Contract modified in writing accordingly. No such claim of the Contractor shall be allowed unless the Contractor has given the detailed notice specified, nor shall it be allowed if such conditions are disturbed prior to their investigation by the Engineer.

(b) In the event the Engineer’s report finds no material or substantial change in conditions, the Contractor may file a Notice of Claim in accordance with Subsection 7.16: Claims of Contractor for Compensation.

(c) No adjustment or allowance of any kind except as provided in Subsection 8.10:

Determination and Extension of Contract Time for Completion (Time Extensions) will be made to the Contractor on account of any delay or suspension of work or any portion thereof where the actual subsurface or latent physical conditions encountered at the site differ substantially and materially from those shown on the plans or indicated in the contract documents.

(d) No claim will be approved or any adjustment or allowance made on account of encountering subsurface or latent physical conditions at the site that differ substantially and materially from those shown on the plans or indicated in the contract documents unless such conditions were in existence at the time of the award of the Contract.

(e) Any dispute concerning a question of fact under this Subsection which is not disposed of by agreement shall be decided by the Chief Engineer.

(f) If as provided in (a) of this Subsection an equitable adjustment is to be made or contemplated, the Contractor shall submit promptly in writing to the Engineer an itemized statement of the details and amount of work together with their estimated costs for the same and the Engineer shall require the Contractor to keep actual costs and certify the same to the Department in writing.

If the Contractor and the Department fail to agree on an equitable adjustment to be made under this Subsection, then the Contractor shall accept as full payment for the work in dispute an amount calculated using actual costs as provided in Subsection 9.03: Payment for Extra Work.

Pending final decision of any dispute hereunder unless otherwise ordered by the Chief Engineer, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Chief Engineer's decision.

The Contract shall be considered modified in writing by the processing of an Extra Work Order.

The provisions of Section 39N of Chapter 30 of the General Laws, as amended, do not apply to construction contracts entered into on behalf of a municipality under the provisions of MGL Chapter 6C, Section 4, Paragraph (b).

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Subsection 4.05: Validity of Extra Work

The Engineer shall be authorized to issue Extra Work Orders for such additional work outside the scope of the original Contract as in their judgment is reasonably necessary for the satisfactory completion of the project provided that the work to be done under such an Extra Work Order, either standing alone or in conjunction with any previously authorized Extra Work: Order, shall not result in a change of such magnitude as to be incompatible with the provisions of Chapter 149, Section 44J of the General Laws.

Subsection 4.06: Increased or Decreased Contract Quantities

The quantities contained in the Contract are set forth as a basis for the comparison of bids only and may not necessarily reflect the actual quantity of work to be performed.