Closing Soon

Government Contract Solicitation

607349 NORWELL- PEMBROKE- MARSHFIELD- BRIDGE REPLACEMENT, N-24-004=P-05-008, ROUTE 3 (NB & SB) OVER

Massachusetts Department of Transportation

  • Solicitation #BD-26-1030-0H100-0H002-124895
  • StateMA
  • State & Local
2 days until responses close Fri, November 13, 2026
Request proposal support

Winning government proposals usually start 4+ weeks ahead.

RFP / Bid Procurement Vehicle
State & Local Jurisdiction Level
Massachusetts (MA) Geographic Location
18 Attached Documents

Scope of work

Solicitation overview

Header Information Bid Number: BD-26-1030-0H100-0H002-124895 Description: 607349 NORWELL- PEMBROKE- MARSHFIELD- BRIDGE REPLACEMENT, N-24-004=P-05-008, ROUTE 3 (NB & SB) OVER Bid Opening Date: 11/13/2026 02:00:00 PM Purchaser: Alex Deng Organization: Department of Transportation Department: 0H100 - HIGHWAY Location: 0H002 - Construction Statewide Contracts Fiscal Year: 26 Type Code: Allow Electr...

Important dates

Procurement schedule

  • November 10, 2026 Solicitation posted
  • November 11, 2026 Today — 2 days remaining in response window
  • November 13, 2026 Responses due / Closing date

Awarding agency

Issuing organization

Agency name
Massachusetts Department of Transportation
Jurisdiction
Massachusetts (MA)
Agency level
State & Local
Buyer / Contact
(857) 368-4636 · https://www.mass.gov/orgs/massachusetts-department-of-transportation · 10 Park Plz · Boston
Official portal
View solicitation on govspend ↗
Source
govspend

Procurement attachments

Solicitation documents & addenda (18)

  • 📄
    607349-DRAFT-RFP-Volume-I-06-04-2026-w-ATTACHMENTS.pdf
    4.0 MB
    Download ↗
  • 📄
    607349-NORWELL-LOI-Proposer-List-3-11-2026.pdf
    137.0 KB
    Download ↗
  • 📄
    607349-NORWELL-LOI-Proposer-List-Rev-1-06-04-2026.pdf
    185.2 KB
    Download ↗
  • 📄
    607349-NORWELL-RFP-Proposer-Short-List.pdf
    162.8 KB
    Download ↗
  • 📄
    607349-Norwell-Pembroke-Marshfield-RFLOI-Final-12032025.pdf
    113.7 KB
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  • 📄
    607349-Norwell-RFQ-03-11-2026.pdf
    2.3 MB
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  • 📄
    607349-RFP-Volume-I-07-16-2026-w-Attachments.pdf
    2.5 MB
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  • 📄
    607349-WTO-Announcement-final-12032025.pdf
    117.6 KB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-1.pdf
    8.1 MB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-101.pdf
    537.4 KB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-2.pdf
    384.8 KB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-3.pdf
    537.3 KB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-4.pdf
    385.0 KB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-5.pdf
    326.9 KB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-6.pdf
    480.4 KB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-7.pdf
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-8.pdf
    483.3 KB
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  • 📄
    NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-9.pdf
    715.1 KB
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Line items, specifications & terms

Full solicitation details

Header Information

Bid Number:BD-26-1030-0H100-0H002-124895Description:607349 NORWELL- PEMBROKE- MARSHFIELD- BRIDGE REPLACEMENT, N-24-004=P-05-008, ROUTE 3 (NB & SB) OVERBid Opening Date:11/13/2026 02:00:00 PM
Purchaser:Alex DengOrganization:Department of Transportation
Department:0H100 - HIGHWAYLocation:0H002 - Construction Statewide Contracts
Fiscal Year:26Type Code:Allow Electronic Quote:No
Alternate Id:Required Date:Available Date :01/30/2026 08:45:50 AM
Info Contact:eric.m.cardone@dot.state.ma.usBid Type:OPENInformal Bid Flag:No
Purchase Method:Open Market
1.0305E8
Pre Bid Conference:The deadline for receipt of Letters of Interest is March 10, 2026 at 12:00 PM (noon). All parties must send a Letter of Interest to MassDOTBIDDocuments@dot.state.ma.us.
Bulletin Desc:The Massachusetts Department of Transportation (MassDOT) is soliciting Letters of Interest from parties interested in the Request for Qualifications (RFQ) package for this Design-Build Project
Ship-to Address:Construction Unit
10 Park Plaza
Boston, MA 02116
US
Email: Noname@state.ma.us
Phone: (999) 999-9999		Bill-to Address:Construction Unit
10 Park Plaza
Boston, MA 02116
US
Email: Noname@state.ma.us
Phone: (999) 999-9999		Print Format:
Required Quote Attachments
Desired Attachment NameDescription
SBPP (Small Business Purchasing Program) Eligible?:YES
See SBPP requirements and exceptions at www.mass.gov/sbpp :
Procurement Amendments
Amendment #Amendment DateAmendment Note
103/11/2026 04:30:37 PMDesign-Build Proposer List; Request for Qualifications
205/19/2026 09:16:49 AMRFP Proposer Short-List
306/08/2026 10:14:58 AMDraft RFP Volume 1 and LOI Proposer List Rev 1
407/16/2026 03:13:44 PMRFP Volume 1
508/03/2026 10:49:03 AMRFP Addendum 1
608/24/2026 10:46:47 AMRFP Addendum 2
709/03/2026 03:31:27 PMRFP Addendum 3
809/17/2026 10:57:34 AMRFP Addendum 4
909/29/2026 04:57:25 PMRFP Addendum 5
1010/08/2026 04:25:43 PMRFP Addendum 6
1110/27/2026 01:25:44 PMRFP Addendum 7
1210/27/2026 01:28:06 PMRFP Addendum 8
1311/02/2026 01:10:07 PMRFP Addendum 9
1411/09/2026 10:25:56 AMRFP Addendum 10

Detailed Specifications & Scope from Attached Documents

📄 607349-DRAFT-RFP-Volume-I-06-04-2026-w-ATTACHMENTS.pdf (Parsed Contract Document)

Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
www.mass.gov/massdot
`
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
Bridge Replacement, N-24-004=P-05-008 Route 3 (NB & SB)
over North River
in the Towns of
NORWELL-PEMBROKE-
MARSHFIELD
Proposal No. 607349-CCCCC
Best Value Design-Build Procurement
Federal-Aid Project No. HIP(NGB)-003S(982)X
Phase 2
Request for Proposals
VOLUME I OF III
Instructions To Proposers
DRAFT
June 4, 2026
DRAFT



























THIS PAGE INTENTIONALLY LEFT BLANK




DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

Page i
TABLE OF CONTENTS
Chapter 1: Introduction ........................................................................................ 1
1.1 PROJECT OVERVIEW ........................................................................................... 1
1.2 SELECTION PROCESS ........................................................................................... 2
1.3 SCHEDULE OF EVENTS ........................................................................................ 3
1.4 CONTACT INFORMATION ................................................................................... 4
1.5 MANDATORY PRE-PROPOSAL MEETING ...................................................... 4
1.5.1 UTILITY PRE-PROPOSAL MEETING ................................................................................. 4
1.6 SUBMISSION OF QUESTIONS ............................................................................. 4
1.6.1 SUBMISSION OF QUESTIONS RELATED TO UTILITIES ............................................... 4
1.7 PAYOUT SCHEDULE .............................................................................................. 5
1.8 TERMS AND DEFINITIONS .................................................................................. 5
1.9 REFERENCE DOCUMENTS AND STANDARDS ............................................... 5
1.9.1 REFERENCE DOCUMENTS ................................................................................................. 5
1.9.2 AASHTO AND MASSDOT STANDARDS ........................................................................... 6
1.9.3 FEDERAL HIGHWAY ADMINISTRATION STANDARDS ............................................... 6
Chapter 2: Procurement Process ......................................................................... 7
2.1 RECEIPT OF RFP DOCUMENTS AND OTHER NOTICES ............................. 7
2.1.1 DRAFT RFP DOCUMENTS: .................................................................................................. 7
2.1.2 CONFIDENTIAL DRAFT RFP MEETING GUIDELINES ................................................... 8
2.1.3 CONFIDENTIAL DRAFT RFP MEETING ATTENDEES.................................................... 8
2.2 EXAMINATION AND INTERPRETATION OF RFP DOCUMENTS .............. 9
2.3 ADDENDA AND CLARIFICATION NOTICES ................................................... 9
2.4 TECHNICAL CONCEPT PROPOSAL(S) ........................................................... 10
2.4.1 BASE TECHNICAL CONCEPT (BTC) PROPOSAL .......................................................... 10
2.4.2 ALTERNATIVE TECHNICAL CONCEPTS (ATCS) ......................................................... 10
2.4.3 FINAL DETERMINATION BY MASSDOT ........................................................................ 17
2.4.4 INCORPORATION OF ATCS INTO TECHNICAL PROPOSAL AND CONTRACT ...... 18
2.4.5 ATC CONFIDENTIALITY ................................................................................................... 19
2.5 PRICE PROPOSALS .............................................................................................. 19
2.6 SUBMISSION AND WITHDRAWAL OF PROPOSALS ................................... 20
2.6.1 SUBMISSION OF PROPOSALS .......................................................................................... 20
2.6.2 WITHDRAWAL OF PROPOSALS ...................................................................................... 21
2.6.3 ESCROW PROPOSAL DOCUMENTS (EPD) AND ASSOCIATED DOCUMENTS ........ 22
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

Page ii
2.7 EVALUATION OF PROPOSALS ......................................................................... 26
2.8 PROTESTS ............................................................................................................... 26
2.8.1 PROTESTS REGARDING RFP DOCUMENTS .................................................................. 26
2.8.2 PROTESTS REGARDING RESPONSIVENESS DETERMINATION, ORAL
PRESENTATIONS OR AWARD ......................................................................................... 27
2.9 PUBLIC RECORDS DISCLOSURE ..................................................................... 28
2.10 EX PARTE COMMUNICATION.......................................................................... 29
2.11 MASSDOT’S RIGHTS ............................................................................................ 29
Chapter 3: Submission Requirements ............................................................... 30
3.1 GENERAL FORMAT ............................................................................................. 30
3.2 PROPOSAL SUBMISSION, DEADLINE, AND LOCATION
INSTRUCTIONS ..................................................................................................... 30
3.3 TECHNICAL PROPOSAL .................................................................................... 31
3.3.1 TECHNICAL PROPOSAL FORMAT .................................................................................. 32
3.3.2 TECHNICAL PROPOSAL ORGANIZATION ..................................................................... 32
3.4 PRICE PROPOSAL ................................................................................................ 45
3.4.1 BID BOND ............................................................................................................................. 45
3.4.2 PAYOUT SCHEDULE .......................................................................................................... 45
3.5 RFP AMENDMENT ................................................................................................ 46
3.6 PROPERTY OF MASSDOT .................................................................................. 46
3.7 CONFIDENTIALITY OF TECHNICAL PROPOSALS .................................... 46
3.8 PUBLIC DISCLOSURE ......................................................................................... 46
3.9 NON-COMMITMENT............................................................................................ 46
3.10 STIPEND .................................................................................................................. 47
Chapter 4: Selection Process and Evaluation Criteria .................................... 48
4.1 INITIAL EVALUATION/EVALUATION OVERVIEW .................................... 48
4.2 ORAL PRESENTATIONS ..................................................................................... 48
4.3 PROPOSAL CLARIFICATIONS .......................................................................... 48
4.4 QUALITATIVE RATINGS .................................................................................... 49
4.5 SELECTION CRITERIA ....................................................................................... 50
4.5.1 PASS/FAIL EVALUATION CRITERIA .............................................................................. 50
4.5.2 TECHNICAL PROPOSAL EVALUATION CRITERIA
(100% OF TECHNICAL PROPOSAL) ................................................................................. 51
4.5.3 PRICE PROPOSAL EVALUATION CRITERIA (100% OF PRICE PROPOSAL) ............ 55
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

Page iii
4.6 PROPOSED CHANGES TO KEY PERSONNEL OR A MAJOR
PARTICIPANT AFTER PROPOSAL SUBMISSION DEADLINE .................. 55
4.7 PRICE PROPOSAL OPENING ............................................................................. 55
4.8 CONTRACT AWARD ............................................................................................ 55
4.9 RIGHTS OF MASSDOT IN EVALUATING PROPOSALS .............................. 55
Chapter 5: Miscellaneous .................................................................................... 56
5.1 PROJECT OFFICE LOCATION .......................................................................... 56
5.2 BONDING ................................................................................................................ 56
5.3 TEAMING AGREEMENTS................................................................................... 56
5.4 PROPOSED CHANGES TO KEY PERSONNEL ............................................... 56
5.5 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY
(AA/EEO).................................................................................................................. 56
5.6 DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .. 57
5.7 NONDISCRIMINATION ....................................................................................... 58
5.8 INSURANCE AND RISK MANAGEMENT ........................................................ 58
5.9 CONFLICT OF INTEREST ................................................................................... 59
5.9.1 APPLICABLE LAWS, REGULATIONS, GUIDANCE, POLICIES AND CONTRACT
TERMS ................................................................................................................................... 59
5.10 DESIGN COST STATEMENT .............................................................................. 64
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

Page iv
LIST OF ATTACHMENTS
A: TECHNICAL PROPOSAL FORMS
LETTER OF TRANSMITTAL
STIPEND AGREEMENT
DESIGN COST STATEMENT

B: PRICE PROPOSAL FORMS
DOCUMENT B00420 PRICE PROPOSAL FORM

C: [RESERVED FOR FUTURE USE]

D: ESCROW FORMS
ESCROW AGREEMENT
ESCROW EXHIBIT 1 – BID DOCUMENTATION ASSEMBLY CERTIFICATION
ESCROW EXHIBIT 2 – BID DOCUMENTATION DELIVERY CERTIFICATION

E: ATC RULES ACKNOWLEDGEMENT

F: CONFLICT OF INTEREST DISCLOSURE FORM


DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

INTRODUCTION Page 1
Chapter 1: Introduction
1.1 PROJECT OVERVIEW
The Massachusetts Department of Transportation – Highway Division (MassDOT), invites
Proposals from Design-Builders to design and construct the Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River Design-Build Project in the Towns of Norwell, Pembroke and
Marshfield (Proposal No. 607349-CCCCC), as further described in this Request for Proposals (RFP). The
term “Design‐Builder” shall mean an individual, sole proprietorship, firm, partnership, joint venture,
corporation, or other legal entity that provides Design-Build services and has responded to MassDOT’s
Request for Letters of Interest.

A Best Value Design-Build (BVDB) Procurement process shall be used for the Project. A BVDB
procurement is a two‐phase selection process which begins after MassDOT gives public notice of the
Project, and solicits and receives Letters of Interest from Proposers. Phase 1 consists of creating a short list
of qualified Design-Builders (Proposers) as determined by responses to a Request for Qualifications (RFQ).
Phase 2 consists of the submission of Technical and Price Proposals by Proposers in response to an RFP,
and Contract Award to one Proposer (Design-Builder) based on Best Value, the highest overall value to
MassDOT, considering quality and cost. This BVDB Procurement is authorized under M.G.L. c. 149A, §
14 et seq.

MassDOT has established a preliminary Project cost estimate of $103,050,000.00 for Proposal
No. 607349-CCCCC. Refer to RFP Volume II, Section 4.1 Project Overview and Existing Conditions and
Section 4.2 Scope of Work.
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

INTRODUCTION Page 2
1.2 SELECTION PROCESS
Through the two-phase process, MassDOT will select the Proposal with the Best Value to
MassDOT and the Commonwealth, in which the combination of technical, qualifications, project
management, schedule, operating, and pricing factors meet or exceed MassDOT's requirements identified
in the RFP. The process is illustrated in Figure 1. Note that the RFQ process occurs in Phase 1 and the RFP
process occurs in Phase 2. MassDOT has established a Selection Committee which will be responsible for
the evaluation and ranking of the Proposals on the basis of the evaluation criteria set forth in the RFP. The
members of the Selection Committee have been approved by the Chief Engineer.

Figure 1: Two-Phase Procurement Process Diagram

Phase 2 – Request for Proposal (RFP)
MassDOT
Issues Request
for Proposals
MassDOT Conducts
Mandatory Pre-
Proposal Meeting
MassDOT Responds
to RFIs, Issues
Addendum as
Needed
Proposers
Submit RFP
Response
Oral
Presentations
MassDOT
Completes
Evaluation
MassDOT
Selects
Design-
Builder
MassDOT Executes
Contract with
Design-Builder
MassDOT
Conforms
Contract
Phase 1 – Letters of Interest, Request for Qualifications (RFQ)
MassDOT
Short-Lists
Design-Builders
MassDOT
Publishes
Advertisement
Requesting
Letters of Interest
(RFLOI)
Proposers
submit LOI
MassDOT
Issues
Request for
Qualifications
Proposers Submit
Statement of
Qualifications
(RFQ Response)
MassDOT
Reviews
Statements of
Qualifications
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

INTRODUCTION Page 3

1.3 SCHEDULE OF EVENTS
The following table provides the Proposed Schedule of Events for this Project through Notice to
Proceed.
Table 1: Schedule of Events
Phase 1: Letter of Interest (LOI) and Request for Qualifications (RFQ)
EVENT DATE TIME
Advertisement of Project Request for Letter of Interest in:
MassDOT Weekly AD, COMMBUYS,
Local Newspapers / Central Register
12/13/2025
Letters of Interest Due 3/10/2026 12:00 PM
RFQ Mailed to Interested Parties Submitting a LOI 3/11/2026
RFQ Briefing
(Virtual by email invitation) 3/24/2026 10:00 AM to
12:00 PM
MassDOT A&E Construction Prequalification Applications Due 3/30/2026 5:00 PM
RFQ Close date for questions 3/31/2026 12:00 PM
Statements of Qualifications Due 4/14/2026 12:00 PM
Design-Builders Short-Listed 5/15/2026
Design-Builders Notified 5/18/2026
Phase 2: Request for Proposals (RFP)
EVENT DATE TIME
DRAFT RFP Issued to Short-Listed Design-Builders 6/04/2026
Confidential DRAFT RFP Meeting (Virtual) 6/24/2026
FINAL RFP Issued to Short Listed Design-Builders 7/16/2026
Mandatory Pre-Proposal Meeting (Virtual, by email invitation) 7/28/2026 10:00AM -
12PM
ATC Meeting - 1 8/04/2026 TBD
ATC Meeting - 2 8/25/2026 TBD
ATC Meeting - 3 TBD
Last Day to Submit Final ATCs 9/08/2026
RFP Close date for Questions 10/15/2026
Technical & Price Proposals Due 10/30/2026 2:00 PM
Oral Presentations 11/13/2026 TBD
Public Price Proposal Opening Date 12/10/2026 2:00 PM
Anticipated Award Date TBD
Anticipated Notice to Proceed 2/16/2027
*Schedule will be provided in advance of the Presentations
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

INTRODUCTION Page 4
1.4 CONTACT INFORMATION
The Contact Person for this procurement is:
Eric Cardone P.E.
Construction Contracts Engineer
Massachusetts Department of Transportation – Highway Division
Ten Park Plaza, Room 7874
Boston, MA 02116
(857) 368-9524
massdotspecifications@dot.state.ma.us
ATTN: Laura Montiel, Design-Build Project Manager
1.5 MANDATORY PRE-PROPOSAL MEETING
A mandatory Pre-Proposal meeting is scheduled as specified under Section 1.3. This meeting will
be held virtually. Proposers may submit requests for clarification at the pre-proposal meeting.

1.5.1 UTILITY PRE-PROPOSAL MEETING
MassDOT may also schedule a utility pre-proposal meeting. Short Listed Design-Builders shall be
notified of this meeting and be required to attend. If the proposer has any questions after this meeting,
they shall be submitted in accordance with Section 1.6
1.6 SUBMISSION OF QUESTIONS
Proposers may submit written questions and requests for clarifications on the information contained
in this RFP no later than the time and date specified in Section 1.3: Schedule of Events. All inquiries must
be in writing and directed to MassDOT at the following email address:
massdotspecifications@dot.state.ma.us. All inquiries must contain the project number, project name and
municipality in the email subject line. Answers to all substantive questions shall be made available to each
Proposer contact person identified in the Proposal via email. When appropriate, revisions, substitutions, or
clarifications shall be issued as official addenda to the RFP. The source of the question shall not be
disclosed within the response.
1.6.1 SUBMISSION OF QUESTIONS RELATED TO UTILITIES
If a proposer has any questions related to utility coordination or agreements, they shall be submitted
in accordance with Section 1.6
DRAFT
mailto:massdotspecifications@dot.state.ma.us
mailto:massdotspecifications@dot.state.ma.us
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

INTRODUCTION Page 5
1.7 PAYOUT SCHEDULE
This Project shall be a lump sum Contract with payment terms subject to the Terms and Conditions
in Section 3.4: Price Proposal specified hereinafter.
1.8 TERMS AND DEFINITIONS
The Terms and Definitions located in Volume II – Technical Provisions, Appendix A apply to this
RFP, and are organized as follows:

Appendix A: Terms and Definitions

PART A: Terms

PART B: Definitions
1.9 REFERENCE DOCUMENTS AND STANDARDS
1.9.1 REFERENCE DOCUMENTS
• MassDOT Design Build Procurement Guide
https://www.mass.gov/files/documents/2017/10/24/DesignBuildGuidelines.pdf
• Project‐Specific Reference Documents (See Volume II – Technical Provisions,
Appendix C)

Project‐Specific reference documents as identified in Volume II - Appendix C are being provided to each
Proposer; via a Dropbox link furnished by MassDOT. All plans, special provisions, reports, and comments
provided are for reference use only. The Base Technical Concept (BTC) was developed to represent
MassDOT preferences and to establish the minimum baseline requirements that must be equaled or
exceeded by the Design-Builder. All Proposers acknowledge by receipt of such plans that they explicitly
understand that while these plans have been advanced to the level shown by MassDOT, the Design-Builder
will be required to provide a final, complete Project design that is stamped and sealed by its own designer
of record, for review and approval by MassDOT and possible third parties. Revisions or additions to
information in the reference plans being provided may be necessary. MassDOT makes no representations
as to the accuracy or completeness of information contained in any documents not obtained from MassDOT,
and will not be responsible in any way for a Proposers reliance on or utilization of the contents of such
documents. The Proposer shall perform supplemental testing, data collection, survey, borings, etc. as
necessary. Utilities may be relocated, replaced or augmented by their respective owners during the Proposal
Phase. The Design-Builder shall monitor any such utility relocations and coordinate with any utility
agencies if utilities are in conflict with their proposed work.

DRAFT
https://www.mass.gov/files/documents/2017/10/24/DesignBuildGuidelines.pdf
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

INTRODUCTION Page 6
1.9.2 AASHTO AND MASSDOT STANDARDS
AASHTO and MassDOT Standards to be applied by the Proposer are in RFP Volume II – Technical
Provisions, Section 1.2.2.


1.9.3 FEDERAL HIGHWAY ADMINISTRATION STANDARDS
Federal Highway Administration Standards to be applied by the Proposer are in Volume II –
Technical Provisions, Section 1.2.3.


DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

PROCUREMENT PROCESS Page 7
Chapter 2: Procurement Process
2.1 RECEIPT OF RFP DOCUMENTS AND OTHER NOTICES
This RFP has been distributed as an RFP package to all Proposers. Modifications to any proposal
documents will be made through the Addendum process and posted on www.bidx.com. The complete
addenda including updates to Volume II appendices will be uploaded to the Project RFP Dropbox folder.
MassDOT will alert each Proposer Contact Person identified in the Proposal of any addenda via e-mail.
The Proposer shall take responsibility for incorporating the revised data into the proposal upon notification
from MassDOT. The Proposer must provide an email address to MassDOT for receipt of addenda
notification. The Proposer shall provide an email verification of receipt of the addenda and/or modification
to massdotspecifications@dot.state.ma.us within twenty-four (24) hours of issuance.

The Proposer shall specify the addressee of any notices or addenda to be sent to the Proposer by
MassDOT. Failure to so notify MassDOT may result in the Proposer failing to receive addenda, notices,
and/or other important communications from MassDOT.

Any questions, requests for clarification, addenda acknowledgements or any other communications
to MassDOT under this RFP are required to be sent to: massdotspecifications@dot.state.ma.us. Any
confidential submissions or communications related to Alternative Technical Concepts are addressed in
Section 2.4.2


2.1.1 DRAFT RFP DOCUMENTS:
MassDOT plans to conduct a confidential meeting with each Proposer to review the DRAFT RFP
to identify design, construction, and Environmental criteria that may warrant further clarification or
revisions prior to final issuance of the RFP.

This one (1) hour and fifteen (15) minute meeting will be held on or about the date specified under
Section 1.3, Schedule of Events, meeting start times to be 8:30 AM, 10:30 AM or 1:00 PM requested via
an email to Narayana.Kolla@dot.state.ma.us. This meeting will offer the Proposer an opportunity for an
informal and high-level review of the draft RFP including Project specific criteria and constraints in
advance of Alternative Technical Concept (ATC) process. Issuance of the Final RFP is anticipated for
release on the date specified in Section 1.3: Schedule of Events. No financial information shall be disclosed
or discussed at these meetings.

At the confidential Draft RFP meeting, MassDOT is interested in discussing each Proposer’s
assessment of schedule risks and limitation of operations (Railway and roadway) needed in the final RFP
Technical Provisions in order to optimize the construction so that Project Goals of safety, quality, and
reduced regional and user impacts are achieved.

DRAFT
http://www.bidx.com/
mailto:massdotspecifications@dot.state.ma.us
mailto:massdotspecifications@dot.state.ma.us
mailto:Narayana.Kolla@dot.state.ma.us
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

PROCUREMENT PROCESS Page 8


2.1.2 CONFIDENTIAL DRAFT RFP MEETING GUIDELINES
This meeting will be confidential. Proposers are to invite MassDOT, MassDOT’s Preliminary
Design Consultant, and FHWA participants to attend a confidential on-line/virtual meeting hosted by the
Proposer. MassDOT shall provide the email addresses of participants two (2) Business Days in advance of
the meeting. The Proposer shall not seek to obtain an unfair competitive advantage over any other
Proposer. Each Proposer is prohibited from discussing the DRAFT RFP with members of the MassDOT
Selection Committee, MassDOT personnel, or MassDOT consultants outside of the confines of this
meeting.

Proposer Team Members attending the informational confidential meetings will be required to sign
an acknowledgment of meeting rules and identify all participants. All participants must attend virtually via
webcam – conference calls will not be permitted.

During each meeting, the Proposer may ask questions and/or discuss their concerns relative to the
DRAFT RFP. The Proposer shall be prepared to present PowerPoint/PDF with written questions and
provide them to MassDOT at least a day in advance of the meeting. After Proposer’s comments and
questions, MassDOT will temporarily leave the Confidential RFP meeting for up to thirty (30) minutes for
internal discussion, rejoin the meeting, and may provide general clarifications and/or responses regarding
the Draft RFP. Questions that are not addressed during this Confidential Draft RFP meeting may be
addressed in the Final RFP. Questions answered by MassDOT will solely focus on the substance of the
DRAFT RFP and the manner in which they may affect the scope of ATCs and/or Technical Proposals.

The Proposer shall note that formal addenda will not be issued during this DRAFT RFP phase, any
modifications to the RFP will be reflected in the Final RFP anticipated for release on the date specified in
Section 1.3: Schedule of Events. Any general clarifying questions that are not addressed in the FINAL RFP
may be submitted through MassDOT Specifications at massdotspecifications@dot.state.ma.us as noted in
Section 2.1.

MassDOT reserves the right to change or clarify the RFP Design Criteria or Project Requirements
based on information or issues raised during this confidential meeting.


2.1.3 CONFIDENTIAL DRAFT RFP MEETING ATTENDEES
Meeting attendees may include Selection Committee Members, MassDOT Office of the General
Counsel, and the Federal Highway Administration (FHWA) as well as any appropriate MassDOT technical
experts, including the preliminary design team. The MassDOT Office of the General Counsel
Representative will ensure that all parties abide by the meeting process and adhere to the confidentiality
agreements.

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2.2 EXAMINATION AND INTERPRETATION OF RFP DOCUMENTS
RFP Documents will be provided to each Proposer through the MassDOT issued RFP Dropbox
folder link.. Proposers shall be solely responsible for examining, with appropriate care, the RFP
Documents, including any addenda issued, and for informing themselves with respect to any and all
conditions that may in any way affect the amount or nature of the Proposal or the performance of the
obligations of the Contract in the event of award. Failure of a Proposer to examine and inform themselves
shall be at its sole risk and no relief for error or omission will be provided by MassDOT.

Proposers are responsible for reviewing the RFP Documents and any addenda, and for requesting
clarification or interpretation of any material discrepancy, deficiency, ambiguity, error or omission
contained therein, or of any provision which Proposers otherwise fail to understand. Any such request shall
be submitted in writing at any time during the Proposal preparation period, but must be received by
MassDOT not later than the time and date specified in Section 1.3: Schedule of Events. Phone requests
will not be accepted. Email copies of each request made must be sent to
massdotspecifications@dot.state.ma.us.

If MassDOT determines that such interpretation or clarification requires a change in the RFP
Documents, MassDOT will prepare and issue addenda. MassDOT will not be bound by, and Proposers
shall not rely on, any oral communication regarding the RFP Documents. Proposers may not rely on any
communication except written communications as described in the RFP Documents. If a Proposer has
meetings or discussions with other agencies or entities during the procurement phase, the Proposer shall be
responsible for verifying with MassDOT any information received from such meetings.
2.3 ADDENDA AND CLARIFICATION NOTICES
MassDOT reserves the right to revise the RFP Documents at any time before the Proposal Due
Date. Such revisions, if any, will be announced by addenda to the RFP Documents. Copies of such addenda
will be furnished to the Proposers through the MassDOT issued RFP Dropbox folder link. If any addendum
significantly impacts the RFP, as determined at MassDOT’s discretion, MassDOT may set a new Proposal
Due Date. The announcement of such new date will be included in the Addendum.

The Contract provides that the Project shall be subject to MGL c. 149a, s. 14 et seq.

MassDOT may publish periodic clarification notices listing questions received from Proposers in
accordance with Sections 2.1 and 2.2, although not identifying the submitting Proposer, and the answers
given by MassDOT. Clarification notices will be emailed to all Proposers.

Each Proposer shall acknowledge through Bid Express, the receipt of all clarification notices and
addenda. The Contract will be based upon all clarification notices and addenda whether or not
acknowledged.

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2.4 TECHNICAL CONCEPT PROPOSAL(S)
2.4.1 BASE TECHNICAL CONCEPT (BTC) PROPOSAL
The “Base Technical Concept” or “BTC” includes the design concepts for the proposed Bridge
Replacements and geometric improvements which make up the Design referenced in the RFP and Contract
Documents. All Proposals must incorporate the BTC without any exceptions to or deviations from the
requirements of the RFP Documents unless exceptions to or deviations from the requirements of the RFP
Documents are approved by MassDOT as Alternative Technical Concepts (ATCs) pursuant to Section
2.4.2. See Volume II – Technical Provisions and Appendix C.

2.4.2 ALTERNATIVE TECHNICAL CONCEPTS (ATCS)
Alternative Technical Concepts (ATCs) are requests by a Proposer to modify a contract
requirement and must provide a solution that is equal to or better than the requirements in the BTC. ATC
Options may be premised on deviations from the technical RFP requirements but must be shown to be
consistent with the standards set forth in the RFP and Contract Documents. All ATCs shall comply with
Environmental Approvals and permit requirements. ATCs must be pre-approved in accordance with this
Section. MassDOT has chosen to use the ATC process to allow the incorporation of innovation and
flexibility into the Technical Proposals and the selection decision process, to avoid delays and potential
conflicts in the design associated with deferring of technical concept reviews to the post-award period, and
ultimately to obtain the Best Value for the public.
The ATC process allows Proposers to submit for pre-approval proposed alternative design solutions
to the BTC. MassDOT will not approve any ATC that entails a deviation from the requirements of the as-
issued Contract Documents, unless MassDOT determines, in its sole discretion, that the proposed end
product based on the deviation is equal to or better than the BTC.
See Volume II – Technical Provisions, Section 4.3 for details related to where ATCs will not be
allowed. The Proposer will note how their proposed ATCs will affect the remaining BTC and include all
relevant interdependencies. Interdependent concepts may be combined into one (1) ATC and the Proposer
will need to describe/list all interdependent ATCs at the submission of the Executive Summary. Failure to
describe the interdependent components may result in denial of the entire ATC. Should it be determined
that a component of the interdependent ATC is not allowable, the entire ATC, or a portion thereof, may be
denied.
An Interdependent ATC is defined as follows:
Interdependent ATC – A grouping of Alternative Technical Concepts composed of multiple
deviations from the Base Technical Concept whose implementation is dependent on all components being
approved.
An interdependency example: An ATC altering the design of the pier and/or abutment seismic
retrofit. The Proposer would need to demonstrate that the redesign of the pier is interdependent upon the
ability to redesign the seismic retrofit of the abutment.

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The Proposer may propose a maximum number of three (3) final ATCs, although they are permitted
to propose more than three initial ATCs.
Design-Builder means and methods are not prescriptive provided that specified traffic and
operational limitations in RFP Volume II are met and, therefore, do not require the submission of ATCs for
approval.
Neither acceptance nor rejection of an ATC by MassDOT will entitle the Proposer to an extension
of the Technical Proposal Due Date or the date the ATCs are due. Each Proposer, by submittal of its
Technical Proposal, acknowledges that the opportunity to submit ATCs was offered to all Proposers and
waives any right to object to MassDOT’s determinations regarding acceptability of ATCs.
2.4.2.1 ATC INFORMATIONAL MEETINGS
MassDOT will conduct at least two (2) confidential informational meetings with each Proposer to
discuss each ATC submitted. The initial submission of the ATC shall include an Executive Summary which
describes the concept and impact the ATC has on the BTC. Refer to Section 2.4.2.2 for submission
requirements of the Executive Summary. These confidential meetings will be held prior to submittal of the
Technical/Price Proposal and the Last Date for MassDOT ATC Response.
Meeting Dates:
Meeting One – Refer to Section 1.3
Meeting Two – Refer to Section 1.3
Meeting Three – As Necessary - Refer to Section 1.3

Meeting One Schedule:
The meeting for each Proposer will be up to one (1) hour and fifteen (15) minutes in length.

• 30 Minutes Proposer Presentation of conceptual ATC overviews
• 45 Minute Question and Answer Period

Meeting Two Schedule:
The meeting for each Proposer will be up to one (1) hour and thirty (30) minutes in length.

• 45 Minutes Proposer Presentation of ATCs
• 45 Minute Question and Answer Period

Meeting Three Schedule:
• As Necessary, TBD
The meeting for each Proposer will be up to one (1) hour and thirty (30) minutes in length.

• 45 Minutes Proposer Presentation of ATCs
• 45 Minute Question and Answer Period

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2.4.2.1.1 ATC MEETING ONE
The goal of this confidential meeting is to provide MassDOT with an overview of the Proposer’s
ATCs in order to identify unacceptable aspects of each ATC prior to further design development. It is
MassDOT’s intent not to reject an ATC after Meeting One if aspects of the ATC have merit and may be
overcome through additional design development.

This initial meeting will offer the Proposer the opportunity to present ATCs within a maximum of
a one (1) hour and fifteen (15) minutes time frame. Proposers should be prepared to answer MassDOT
questions which will focus solely on presented ATCs and be limited to clarification of those ATCs and
clarifications of RFP criteria related to the ATCs. No financial information shall be disclosed or discussed
at these meetings.
2.4.2.1.2 ATC MEETING TWO
During the second confidential informational meeting, Proposers will be given the opportunity to
further refine and re-present ATCs that MassDOT determines require additional discussion after the first
meeting. An Executive Summary shall be submitted for each ATC presented at Meeting Two. This second
meeting will allow Proposers to present further developments in design of the ATC and should not solely
focus on comments received by MassDOT during the first meeting or received in the initial determination
response letter. Resubmission of re-presented ATCs shall meet the requirements of Section 2.4.2.2.
2.4.2.1.3 MEETING GUIDELINES
MassDOT will not discuss with any Proposer the contents of any Technical Proposal or ATCs other
than its own. The Proposer shall seek guidance from MassDOT and only the MassDOT Project Manager
or technical lead may give pre-approval of a concept, option, or component of a concept during the meeting.
The Proposer shall not seek to obtain an unfair competitive advantage over any other Proposer. Each
Proposer is prohibited from discussing any ATCs or options with members of the MassDOT Selection
Committee, MassDOT personnel or MassDOT consultants outside of the confines of the informational
meetings.
Proposer Team Members attending the meetings should have the proper expertise to present and
answer MassDOT ATC questions. Persons attending the informational meetings will be required to sign
an acknowledgment of the foregoing rules and identify all participants. (See Attachment E) All participants
must attend in person or virtually via webcam – conference calls will not be permitted.
During each meeting, the Proposer may ask questions relative to their presented ATCs or options
and MassDOT may provide responses. Questions answered by MassDOT will solely focus on ATCs and/or
options presented and the manner in which they may affect the BTC. Any general clarifying RFP questions
should be submitted through MassDOT Specifications at massdotspecifications@dot.state.ma.us as noted
in Section 2.1, of RFP Volume I.
MassDOT reserves the right to change or clarify the RFP Design Criteria or Project Requirements
based on information or issues raised during the confidential meetings.

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2.4.2.1.4 ATC INFORMATIONAL MEETING ATTENDEES
Meeting attendees may include Selection Committee Members, MassDOT Office of the General
Counsel, and the Federal Highway Administration (FHWA) as well as any appropriate MassDOT technical
experts. The MassDOT Office of the General Counsel Representative will ensure that all parties abide by
the ATC process and adhere to the confidentiality agreements. (See Attachment E)
2.4.2.2 INITIAL SUBMISSION OF ATCs
Proposers shall upload one copy of their Executive Summary, marked confidential to the MassDOT
ATC secure Drop Box: by noontime at least three (3) Business Days prior to each ATC Meeting date
specified in Section 1.3. Each ATC should be described in one page or less. Emailed submissions will not
be accepted. Executive Summaries or ATC submissions may be uploaded at any time prior to the deadline
indicated in Section 1.3. All confidential correspondence between the Proposer and MassDOT will be
uploaded to the Proposer’s established secured Drop Box folder.

For Meeting One, Proposers are to invite MassDOT, their Preliminary Design Consultant, and
FHWA participants to attend a confidential on-line/virtual meeting held by the Proposer. Upon receipt of
the Executive Summaries, MassDOT shall provide the email addresses of participants one (1) Business Day
in advance of each ATC Meeting. Proposers are requested to upload presentation materials intended for
distribution to assist in the review of the ATC to the Confidential Folder at the conclusion of the meeting.

Meeting One: The Proposer shall be prepared to present the following information in a summary
fashion:

• Description of the general concept of ATCs under consideration or other appropriate
descriptive information such as schematic drawings of the configuration of the ATC.
• Proposed location(s) where the ATC will be used on the Project.
• References to requirements of the RFP documents which are inconsistent with the proposed
ATC, an explanation of the nature of the deviations from said requirements.
• Identification of any possible design exceptions required by the ATC.
• Listing of potential impacts such as but not limited to vehicular traffic, transit facilities, utilities
(existing locations and/or proposed relocations), pedestrian and bicycling impacts, community
impacts, safety and life-cycle Project and infrastructure costs (specifically impacts on the cost
of future operation, repair, and maintenance) and any other relevant impacts.
• A description of changes to the Environmental Impacts and Permits
• A list of other projects where the ATC has been used under comparable circumstances and the
success of such usage.
• An explanation of why grouped alternative concepts are considered interdependent.

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Meeting Two: Proposers are to invite MassDOT, their Preliminary Design Consultant, and FHWA
participants to attend a confidential on-line/virtual meeting held by the Proposer. Upon receipt of the
Executive Summaries, MassDOT shall provide the email addresses of participants one (1) Business Day in
advance of each ATC Meeting. The Executive Summary for Meeting Two shall include more detail of
each separately titled ATC and should include the following information, presented in a summary fashion:
• Description of the general configuration of the ATC or other appropriate descriptive
information such as schematic drawings of the configuration of the ATC and any schedule
information beneficial to the review.
• Location where the ATC will be used on the Project.
• References to requirements of the RFP documents which are inconsistent with the proposed
ATC, an explanation of the nature of the deviations from said requirements, and a request for
approval of such deviations, or a determination that the ATC is consistent with the requirements
of the RFP.
• Identification of any possible design exceptions required by the ATC.
• Listing of potential impacts such as but not limited to vehicular traffic, operations and safety
for any movement within the project limits, on either Interstate or on local roads, transit
facilities, utilities (existing locations and/or proposed locations), bus routes, emergency
response, ROW impacts, community impacts, safety and life-cycle Project and infrastructure
costs (specifically impacts on the cost of future operation, repair, and maintenance) and any
other relevant impacts.
• A Detailed description of any impacts to Environmental Permitting. If changes are required,
provide a detailed description of the regulatory permitting strategy. This shall include
information relative to the proposed change(s) in scope, changes to jurisdictional
environmental impacts (linear/square footage per resource area type as applicable), revised
mitigation (linear/square footage per resource area type as applicable), proposed timeline of
impacts and mitigation area(s) construction, anticipated regulatory submittals and/or
notifications per each agency, and timelines associated with each submittal and/or notification.
Also describe if any additional impacts under Section 4(f) of the DOT Act are anticipated (as
applicable), if additional tree clearing is proposed (with additional areas quantified), if an
updated noise model is required and if any changes to the stormwater management system are
proposed.
• A list of other projects, if any, where the ATC has been used under comparable circumstances
and the success of such usage.
• An explanation of why grouped alternative concepts are considered interdependent.
• Description of added risks with implementing the ATC including 3rd party approvals.
• Discuss and identify schedule benefits.

Meeting Three: Requirements for a third ATC meeting (if necessary) will be provided.
2.4.2.3 INITIAL DETERMINATION BY MASSDOT
Within three (3) business days after each ATC meeting, MassDOT will provide written guidance
and/or make one of the following determinations with respect to each presented or submitted ATC.
Proposers will receive notification from MassDOT:
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• The ATC is not approved with appropriate explanation.
• The ATC requires additional discussion at the next ATC informational meeting.
• The ATC requires Final Submission and MassDOT requests the following information be
included in your final ATC submission.

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Proposers shall upload any clarifying questions regarding an ATC determination into their
respective ATC secure Drop Box and marked confidential ATC addressed to:

Eric Cardone, P.E.
Construction Contracts Engineer
Massachusetts Department of Transportation – Highway Division
Ten Park Plaza
Boston, MA 02116
ATTN: Laura Montiel, Design-Build Project Manager
2.4.2.4 FINAL SUBMISSION OF ATCs
Emailed submissions will not be accepted. Proposers shall upload one copy of their Final ATC,
marked confidential to the MassDOT ATC secure Drop Box: by the date specified in Section 1.3 Schedule
of Events – Last Date to Submit ATCs. The submissions must contain sufficient information for MassDOT
to render an opinion. Each ATC including a narrative submission, technical information, and drawings are
required. This submission shall be marked confidential and shall include all relevant material including
applicable material presented during the confidential meetings.
Should MassDOT require clarification of final ATCs submitted, Proposers are expected to respond
within two (2) Business Days. The Proposer may request clarifications on any ATC related official
communication, per Section 2.4.2.3.
MassDOT will respond to the Proposer within six (6) Business Days after the final submission of
the ATCs with a final determination. If the Proposer does not receive a return response from MassDOT
within six (6) Business Days of MassDOT’s receipt of the ATC, the Proposer shall presume that MassDOT
has rejected the ATC.
Information to be included in final submission of ATCs:
• Description of the general configuration of the ATC or other appropriate descriptive
information.
• Description shall be detailed and schematic drawings of the configuration of the ATC or other
appropriate descriptive information, including if appropriate, product details (for example,
specifications, construction tolerances, and special provisions), a traffic operational analysis,
and any schedule information beneficial to the review.
• Location where the ATC will be used on the Project.
• References to requirements of the RFP documents which are inconsistent with the proposed
ATC, an explanation of the nature of the deviations from said requirements, and a request for
approval of such deviations, or a determination that the ATC is consistent with the requirements
of the RFP.
• Identification of any design exceptions required by the ATC.
• The basis of the analysis justifying the use of the ATC and why the deviation (if any) from the
requirements should be allowed.

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• Analysis of potential issues with current or required Environmental Approvals.
• Listing of potential impacts such as but not limited to vehicular traffic, operations and safety for
any movement within the project limits, on either Interstate or on local roads, transit facilities,
utilities (existing locations and/or proposed locations), ), ROW impacts, community impacts,
safety and life-cycle Project and infrastructure costs (specifically impacts on the cost of future
operation, repair, and maintenance) and any other relevant impacts.
• A Detailed description of any impacts to Environmental Permitting. If changes are required,
provide a detailed description of the regulatory permitting strategy. This shall include
information relative to the proposed change(s) in scope, changes to jurisdictional
environmental impacts (linear/square footage per resource area type as applicable), revised
mitigation (linear/square footage per resource area type as applicable), proposed timeline of
impacts and mitigation area(s) construction, anticipated regulatory submittals and/or
notifications per each agency, and timelines associated with each submittal and/or notification.
Also describe if any additional impacts under Section 4(f) of the DOT Act are anticipated (as
applicable), if additional tree clearing is proposed (with additional areas quantified), if an
updated noise model is required and if any changes to the stormwater management system are
proposed.
• A detailed history of other projects, if any, where the ATC has been used under comparable
circumstances, the success of such usage, and names and telephone numbers of Project owners
that can confirm such statements.
• Design calculations as necessary to support the use of the ATC.
• Description of the long-term durability of implementing the ATC.
• Description of added risks with implementing the ATC.
• Discuss and identify schedule benefits.
• If applicable, digital copy of any 3-dimensional video or PowerPoint graphic presentation
presented at the ATC meeting(s).
• Any and all information requested by MassDOT in ATC Meeting One and Two initial
determination letter(s).
• All supporting documents and plans shall be marked “Final Submission” and dated.

2.4.3 FINAL DETERMINATION BY MASSDOT
MassDOT will make one of the following determinations with respect to each responsive ATC:
• The ATC is approved.
• The ATC is not approved with appropriate explanation.
• The ATC is approved with the following condition(s).

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2.4.4 INCORPORATION OF ATCS INTO TECHNICAL PROPOSAL AND
CONTRACT
Written approval of an ATC will constitute a change in the specific requirements of the Contract
Documents associated with the approved ATC for that specific Proposer. During design development,
should the Design-Builder be unable to obtain required approvals from 3rd parties for any ATC
incorporated into the Contract Documents, or if the ATC otherwise proves to be infeasible, the Design-
Builder will be required to conform to the original BTC requirements with no additional time to complete
the Project regardless of when it is determined to be infeasible. MassDOT will not make any adjustments
to the Contract value in the event that an ATC which was approved during the proposal phase cannot be
implemented. Any additional costs and/or changes such as but not limited to Third party
agreements/activities (utility redesign/design, regulatory permitting, railroad impacts, etc.) resulting from
an approved ATC shall be the responsibility of the Design Builder with no cost and time to MassDOT.

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Each Proposer may incorporate only approved ATCs into its Technical Proposal. Copies of
MassDOT’s ATC approval letters for each incorporated ATC shall be included in the Technical Proposal
in an Appendix. Technical Proposals with or without ATCs will be evaluated against the same technical
evaluation factors, and the inclusion of an ATC, including an ATC that provides technical enhancements,
may or may not receive a higher technical rating.
Except for incorporating approved ATCs, the Technical Proposal may not otherwise contain
exceptions to or deviations from the requirements of the RFP Documents.
The RFP does not distinguish between a proposal that does not include any ATCs and proposals
that include ATCs. Both types of proposals are evaluated against the same technical evaluation factors and
a Best Value determination is made in the same manner. Following award of the Contract, the BTC, as
modified to incorporate ATCs accepted by MassDOT and other Technical Proposal concepts and
commitments made by the Proposer in the Technical Proposal will be considered the mandatory
requirement to be met in the Design and Construction of the Facility. The Contract Documents will be
conformed after Award, prior to execution of the Contract, to reflect the accepted ATCs.
2.4.5 ATC CONFIDENTIALITY
Any and all ATCs properly submitted for MassDOT consideration (including those not included in
the Technical Proposal) by a Proposer and all subsequent communications regarding its ATCs will be
considered confidential. If a Proposer wishes to make any announcement of disclosure to third parties
concerning any ATC, it shall first notify MassDOT in writing of its intent to take such action, including
details as to participants and dates, and obtain MassDOT’s approval in advance.

All ATC submittals shall remain confidential until after Contract Award pursuant to
M.G.L. c. 149A, § 19(5).
2.5 PRICE PROPOSALS
All prospective Proposers who intend to bid on this Project must obtain “Request Proposal Form
(R109)”. The blank “Request Proposal Form (R109)” can be obtained at:
https://www.mass.gov/prequalification-of-horizontal-construction-firms.
All prospective Proposers must complete and e-mail an electronic copy of “Request Proposal Form
(R109)” to the MassDOT Director of Prequalification for approval: prequal.r109@dot.state.ma.us.

All Proposers shall use Bid Express, an on-line document and bid transmission service
(AASHTOWare Project Bids) developed by Info Tech, Inc., for submittal of bids. Proposers shall subscribe
to the Bid Express 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
email: customer.support@bidx.com

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To submit a bid, the Proposer shall have a digital identification (ID) issued by MassDOT 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 Proposer’s
signature for proper execution of the Proposal.

Electronic bid files utilizing the AASHTOWare Project Bids bid software (Expedite) are provided
through the Bid Express on-line bidding exchange at http://www.bidx.com/. The Proposer shall follow the
on-line instructions and review the help screens provided to assure that the schedule of items is prepared
properly. Proposers 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, MassDOT will accept, as the official bid, the set of
proposal forms generated from the AASHTOWare Project Bids Proposal file submitted by the Proposer
which includes the price proposal sheets, bid bond submittal acknowledgement, addendum
acknowledgement, and affidavit of non-collusion acknowledgement.

MassDOT 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 Proposer’s transmitting location, at MassDOT’s receiving location, or anywhere
between these locations, and will not be considered grounds for a bid protest. MassDOT will not be held
responsible if the Proposer cannot complete and submit a bid due to failure or incomplete delivery of the
files submitted via the Internet.
2.6 SUBMISSION AND WITHDRAWAL OF PROPOSALS
2.6.1 SUBMISSION OF PROPOSALS
The Technical Proposal submitted shall be clearly addressed and identified as described in
Section 3.2.

Technical Proposal shall be uploaded to each Proposer’s designated secured Dropbox link.

Proposals shall be submitted so that they will arrive by the date and time indicated in Section 1.3:
Schedule of Events, the Proposal Due Date. It is each Proposer’s sole responsibility to see that its Proposal
is received as stipulated. Proposals received after the time due shall be rejected without consideration or
evaluation.
Any material deemed by a Proposer to contain proprietary information shall be segmented in the
Proposal and clearly identified as proprietary. Proposers shall provide responses to all information
requested in these Instructions to Proposers. Failure to respond or to provide requested information may
result in a determination by MassDOT that a Proposal is non-responsive.


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2.6.2 WITHDRAWAL OF PROPOSALS
A Proposal may be withdrawn at any time prior to the Proposal Due Date by means of a written
request signed by the authorized representative of the Proposer. Such written request shall be delivered to
MassDOT at the address identified in Section 2.1. The withdrawal of a Proposal will not prejudice the right
of a Proposer to file a new Proposal provided that it is received before the time due on the Proposal Due
Date. No Proposal may be withdrawn at or after the time due on the Proposal Due Date.


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2.6.3 ESCROW PROPOSAL DOCUMENTS (EPD) AND ASSOCIATED DOCUMENTS
A. Scope
Pursuant to this Section 2.6.3, each Proposer shall submit one copy of all documentary information
generated in preparation of its Price Proposal, hereinafter referred to as Escrow Proposal Documents
(“EPD”), as further defined below, no later than five (5) business days of the Proposal opening, to
FOLEY HOAG LLP, Seaport West, 155 Seaport Boulevard, Boston, MA 02210-2600, Attn:
Jeffrey B. Mullan, jmullan@foleyhoag.com, (617) 832 1110, an independent entity that receives and stores
the EPD (Escrow Agent).

Escrow Proposal Documents; Information. The term "Escrow Proposal Documents" as used in
this section shall consist of Information. “Information” as used herein shall mean any and all estimate
calculations, quantity take-offs, material quotations, or other pricing information used to estimate the cost
of each detailed component of the work. The level of detail is to correspond to each itemized component
of work consistent with each individual pricing operation/component (e.g. soil compacting component of a
backfilling operation). These include the detailed/itemized projection of crew costs, labor costs (for each
individual or labor craft category), material costs, equipment costs, and the production rates anticipated, for
each construction activity/operation detailed within each Price Proposal item. The Price Proposal back-up
should include the Proposer’s planned overhead costs, escalation costs, and estimated costs of work that
are incidental to the Price Proposal items but necessary to complete the Contract. If the Proposer is not
planning to self-perform a component of work, at the time of Price Proposal, the Price Proposal document
back-up and supporting documentation shall include all information constituting the basis of the Price
Proposal, including but not limited to, the corresponding quotation of Subcontractor(s), which should
include detailed projection of crew costs, labor costs (for each individual/craft/category), material costs,
equipment costs, and the production rates anticipated, for each construction activity/ operation detailed
within each Price Proposal item. It is understood that such Subcontractor may not be under agreement,
with the Proposer at the time of Price Proposal, however, it is also understood, and agreed, that the Design-
Builder is solely responsible for the detailed Price Proposal prices and estimate basis that have been put
forward. The term "Escrow Proposal Documents" may also include specific reference to components of
manuals, which are standard to the industry, used by the Proposers in determining Price Proposals for this
Project. Such manuals may be included in the Price Proposal documentation by reference. Such
reference(s) shall include the name and date of the Publication and the Publisher, and must correlate the
specific manual information (e.g., line item for production rate or pricing information) to the operation that
is being estimated.
The term “Escrow Proposal Documents” or “Information” shall not include documents provided
or created by MassDOT.
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Escrow Agent. The term “Escrow Agent” as used in this section is one that MassDOT and the
Proposers collectively select and meets the following requirements:
a. The entity has sufficient clean, accessible, and safe storage location for the EPD;
b. Is within 25 miles of MassDOT Main Offices at 10 Park Plaza, Boston;
c. Has acted as a document repository or Escrow Agent previously or as a line of its business;
d. May be a bank, law firm (that has not done business with the Design-Builder in the past 3
years), trust agency, online provider with sufficient encryption, etc. and
e. Agrees to comply with the standard Escrow Agreement, Attachment D.
In the event that the selected Escrow Agent resigns or goes out of business, MassDOT and the
Proposers shall collectively select another Escrow Agent.

B. Submittal of Escrow Proposal Documents, EPD Assembly Certification, EPD Delivery
Certification and Escrow Agreement.
1. At the time of submission, each Proposer shall certify and agree that the EPD constitute all of the
information used in preparation of the Price Proposal, and that no other Price Proposal preparation
information shall be considered in resolving disputes or claims. Each Proposer also agrees that
nothing in the EPD shall change or modify the terms or conditions of the Contract Documents. In
the event a Proposer omits any Information required in Paragraph A, above, used in estimating its
costs for the Price Proposal, then the Design-Builder will forfeit the ability and hereby waives its
right to make a claim.
2. No later than five (5) business days following Price Proposal Opening, each Proposer shall deliver
to the Escrow Agent the following four (4) documents:
a. EPD Assembly Certification (Attachment D, Exhibit 1)
b. EPD (including, but not limited to, electronic files generated in preparation of bid prices for
this Project as described below in Section C, Format and Content), in a sealed envelope or
containers.
c. EPD Delivery Certification (Attachment D, Exhibit 2)
d. Escrow Agreement
3. MassDOT reserves the right to agree to an extension of the submission deadline for good cause
shown.
4. The EPD envelope or container shall be clearly marked “Escrow Proposal Documentation” and
shall also show on the face of the container the Proposer’s name, the date of submittal and the
Proposal Number. Compliance with the terms of this Provision is within the discretion of
MassDOT.
5. The EPD Assembly Certification shall be signed by an individual authorized by the Proposer to
execute Price Proposals, stating that the material in the EPD constitutes all the documentary
information used in preparation of the Price Proposal and that the Proposer has personally examined
the contents of the EPD container and has found that the documents in the container are complete
and meet the requirements of this Provision.
6. No later than five (5) business days following delivery of the above-described documents to the
Escrow Agent, each Proposer shall email to the MassDOT Director of Construction Contracts &
Prequalification - massdotconstructioncontracts@dot.state.ma.us, the following documents:

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a. EPD Assembly Certification executed by the Proposer (copy)
b. EPD Delivery Certification executed by the Escrow Agent (copy)
c. Escrow Agreement executed by the Proposer and the Escrow Agent (original). The original
executed Agreement shall also be mailed by the BVDB to the attention of:
Leo Mooney – Director of Construction Contracts & Prequalification
Massachusetts Department of Transportation
10 Park Plaza - Suite 7360 - Boston, MA 02116

7. The Contract will not be executed until the EPD, EPD Assembly Certification (Attachment D,
Exhibit 1), EPD Delivery Certification (Attachment D, Exhibit 2) and Escrow Agreement have
been submitted as set forth in Section B.
C. Format and Content
The Proposer may submit EPD in its usual cost estimation format; provided that all Information is
clearly presented and ascertainable. It is not the intention of this Provision to cause the Proposer extra
work during the preparation of the Price Proposal, but to ensure that the EPD will be adequate to enable
complete understanding and proper interpretation for their intended use. The EPD may also be provided
electronically provided that a printed hardcopy of the documents is also submitted. The documents
should include an index listing each Price Proposal Document submitted by author, date, nature and
subject matter.
D. Document Control
MassDOT agrees to safeguard the EPD, and all information contained therein, against disclosure to the
fullest extent permitted by law.
E. Payment
There will be no separate payment for compilation of the data, container or cost of verification of the
EPD. MassDOT will pay for the cost of the Escrow Agent for the duration of the Project.
F. Storage
The EPD of the unsuccessful Proposers will be placed in escrow until Contract execution. The EPD of
the Design-Builder will be placed in escrow for the life of the Contract and Project.
G. Examination
1. The EPD shall be examined for the following two purposes only and by the following parties only:
a. Pre-Award verification of costs carried in the apparent successful Proposer’s Price Proposal,
by either the duly designated representative of MassDOT, or by the duly designated
representative of MassDOT and the duly designated representative of the apparent successful
Proposer. It will be solely in MassDOT’s discretion to determine whether such review is
required, as well as whether sole or joint review is required.
b. Negotiation of price adjustments, change orders, or settlement of disputes/claims, by the duly
designated representative of MassDOT and the duly designated representative of the Design-
Builder.
2. No other apparent successful Proposer/Design-Builder supplied documents relating to pricing
information used to estimate the cost of each detailed component of the work may be examined at
the time of the EPD examination.



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3. No copies of the EPD, or any information contained therein, shall be copied without the written
authorization of a duly authorized representative of the apparent successful Proposer/Design-
Builder, which shall not be unreasonably withheld.
4. “Unreasonable withholding of approval” and “unreasonably withheld” will be defined as a delay
in approval or authorization of greater than five (5) calendar days after the initial request is made.

5. Joint Examination.
a. MassDOT and the apparent successful Proposer/Design-Builder shall provide written direction
signed by MassDOT and the apparent successful Proposer/Design-Builder to direct that the
EPD be made available for such joint examination. MassDOT or the apparent successful
Proposer/Design-Builder shall give at least five (5) business days written notice to the other’s
designee of its request to examine the EPD.
b. Unreasonable withholding of approval will be defined by a time delay of greater than five (5)
calendar days after the initial request to have a Proposer’s/Design-Builder’s designee attend a
joint viewing of the documents. Should the apparent successful Proposer/Design-Builder not
respond, MassDOT’s designee will review the documents in the presence of MassDOT counsel
and the Escrow Agent.
c. Access to and review of the EPD may take place only in the presence of the Deputy Chief
Engineer for Construction and/or his/her designee and the authorized signatory of the apparent
successful Proposer/Design-Builder or its designee.
d. Under no circumstances shall the apparent successful Proposer/Design-Builder or MassDOT
access the documents, without presence of the apparent successful Proposer/Design-Builder’s
designee and MassDOT’s designee, at all times during the examination period. Unreasonable
refusal by Design-Builder to be present or to cooperate in any way in the review of the
documents after the provision of the written notice by MassDOT, will be the basis for
MassDOT to reject the claim and all future claims that relate to the basis of the Price Proposal.

7. MassDOT agrees to notify the apparent successful Proposer/Design-Builder of its receipt of any
request made pursuant to M.G.L. c. 66, § 10, to inspect or examine any material contained in the
EPD as soon as reasonably practical after receipt of the request.

H. Final Disposition
1. MassDOT will instruct the Escrow Agent to promptly return the EPD to the unsuccessful Proposers
if MassDOT decides not to execute a Contract with a Proposer after the Price Proposal opening or
after MassDOT has executed a Contract with the successful Proposer.
2. MassDOT will instruct the Escrow Agent to promptly return the EPD to the Design-Builder when
all of the following have occurred: all disputes regarding the Contract work have been settled, the
Contract work is completed, and Final Payment has been made and accepted.
3. MassDOT and the Proposers/Design-Builder shall provide joint written confirmation to allow
release of the EPD.
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2.7 EVALUATION OF PROPOSALS
MassDOT will evaluate Proposals according to the evaluation process set forth in Chapter 4:
Selection Process and Evaluation Criteria. MassDOT may at any time request additional written
information or clarification from any Proposer in order to assist in making its evaluation. Proposals shall
initially be valid for a period of eight (8) months from the Proposal Due Date.
2.8 PROTESTS
This Section sets forth the exclusive protest remedies with respect to the RFP. Each Proposer, by
submitting its Proposal, expressly recognizes the limitation on its right to protest contained herein, expressly
waives all other rights and remedies, and agrees that the decision on any protest, as provided herein, shall
be final and conclusive unless wholly arbitrary. These provisions are included in the RFP expressly in
consideration for such waiver and agreement by Proposers. Such waiver and agreement by each Proposer
is also consideration to each other Proposer for making the same waiver and agreement.

2.8.1 PROTESTS REGARDING RFP DOCUMENTS
Proposers may protest the terms of the RFP Documents on the grounds that any aspect of the
procurement process described herein is contrary to legal requirements applicable to this procurement.
Protests regarding the RFP Documents shall be filed only after the Proposer has informally discussed the
nature and basis of the protest with MassDOT in an effort to remove the grounds for protest. Protests
regarding the RFP Documents shall completely and succinctly state the grounds for protest and shall include
all factual and legal documentation in sufficient detail to establish the merits of the protest. Protests
regarding the RFP Documents shall be filed to the address set forth in Section 2.1 as soon as the basis for
protest is known to the Proposer, but in no event later than ten (10) Days before the Proposal Due Date,
provided that protests regarding an Addendum shall be filed no later than five (5) business days after the
Addendum is issued. No hearing will be held on the protest, but it shall be decided on the basis of the
written submissions to MassDOT, whose decision shall be final and conclusive.
MassDOT will distribute copies of the protest to other Proposers and may, but need not, request
other Proposers to submit statements or arguments regarding the protest and may, at its sole discretion,
discuss the protest with the Protester. MassDOT shall issue a written decision regarding any protest to each
Proposer. If necessary to correct any error, omission or ambiguity identified by the protest, MassDOT will
make appropriate revisions to the RFP Documents by issuing addenda. The failure of a Proposer to raise a
ground for a protest regarding the RFP Documents shall preclude consideration of that ground in any protest
of a selection unless such ground was not and could not have been known to the Proposer in time to protest
prior to the final date for such protests. MassDOT may extend the Proposal Due Date, if necessary, to
address any such protest issues.
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2.8.2 PROTESTS REGARDING RESPONSIVENESS DETERMINATION, ORAL
PRESENTATIONS OR AWARD
Proposers may protest any determination regarding lack of responsiveness or any award of the
Contract by filing, to the address set forth in Section 2.1, a Notice of Protest within seven (7) days after
receipt of notification of non-responsiveness or the initial posting of a notice of intent to award by
MassDOT, as applicable.
Within seven (7) days of the delivery of the Notice of Protest, the Protester shall file, by hand-
delivery, two (2) copies of a detailed statement of the grounds, legal authority and facts, including all
documents and evidentiary statements in support of the protest, with MassDOT. The Protester shall
concurrently file a copy of the detailed statement with the other Proposers. Evidentiary statements, if any,
shall be submitted under penalty of perjury. The Protester shall have the burden of proving its protest.
Failure to file a protest within the applicable seven (7) day period shall constitute a waiver of the right to
protest the determination, authorization or award, as applicable, other than any protest based on facts not
reasonably ascertainable as of such date.
Other Proposers may file, to the address set forth in Section 2.1, statements in support of or in
opposition to the protest within seven (7) days of the filing of the detailed statement of protest. MassDOT
will promptly forward copies of any such statement to the Protester. Any evidentiary statement shall be
submitted under penalty of perjury.
MassDOT will issue a written decision regarding the protest within ten (10) days after the filing of
the detailed statement of protest. Unless otherwise required by law, no evidentiary hearing or oral argument
shall be provided, except, in the sole discretion of MassDOT, a hearing or argument may be permitted, if
necessary, for the protection of the public interest or in recognition of an express, legally recognized interest
of the Proposer.
If MassDOT concludes that the entity filing the protest has established a basis for the protest, the
issue will be submitted to the Selection Committee to determine whether the decision will have a substantial
effect on the selection, and if so, how the new information will be addressed in the selection. DRAFT
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2.9 PUBLIC RECORDS DISCLOSURE
Any materials submitted by Proposers shall be assumed to be subject to the Provisions of the
Massachusetts Public Records Law (M.G.L. c. 66, § 10) and any other laws and regulations applicable to
the disclosure of documents submitted under the RFP. MassDOT’s use and disclosure of such records are
governed by such laws. Except as provided in M.G.L. c. 4, § 7(26)(h), or any other applicable exemption,
all records, documents, drawings, plans, specifications, and other material relating to the conduct of this
procurement shall be subject to disclosure.
During the Proposal process, MassDOT will not release any information contained in any Proposal
to any third party except as may be required by applicable law. MassDOT will accept materials clearly and
prominently labeled “TRADE SECRET” or “CONFIDENTIAL” by the submitting party. Any such
proprietary information, trade secrets or confidential commercial and financial information that a Proposer
believes should be exempted from disclosure shall be specifically identified and marked as such, and shall
be submitted in a manner so it is easily segregated from the balance of the Proposal. Blanket, all-inclusive
identifications by designation of whole pages or sections as containing proprietary information, trade
secrets or confidential commercial or financial information shall not be permitted and shall be deemed
invalid. The specific proprietary information, trade secrets or confidential commercial or financial
information shall be clearly identified as such, and shall be accompanied by a concise statement of reasons
supporting the claim. MassDOT will endeavor to advise the Proposer of any request to disclose any material
properly labeled as proprietary, trade secrets or confidential so as to allow the Proposer the opportunity to
seek a court order to protect such material from disclosure. Under no circumstances, however, will
MassDOT be responsible or liable to the Proposer or any other party as a result of disclosing any such
labeled materials, whether the disclosure is deemed required by law, by a court order, or occurs through
inadvertence, mistake or negligence on the part of MassDOT, or its officers, employees, contractors or
consultants.
MassDOT will not advise a submitting party as to the nature or content of documents entitled to
protection from disclosure under applicable law, as to the interpretation of the law, or as to the definition
of trade secrets. The submitting party shall be solely responsible for all determinations made by it under
applicable laws, and for clearly and prominently marking each and every page or sheet of materials with
“TRADE SECRET” or “CONFIDENTIAL” as it determines to be appropriate. Each submitting party is
advised to contact its own legal counsel concerning the effect of applicable laws to the submitting party’s
own circumstances. Notwithstanding the representations by Proposers that material contained in a Proposal
may be a “Trade Secret” or “Confidential,” MassDOT shall have the right to use concepts contained therein.
In the event of litigation concerning the disclosure of any material submitted by any Proposer,
MassDOT’s sole involvement will be as a stakeholder retaining the material until otherwise ordered by a
court and the Proposer shall be responsible for otherwise prosecuting or defending any action concerning
the materials at its sole expense and risk.
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2.10 EX PARTE COMMUNICATION
During the RFP process (commencing on the RFP release date and continuing until Award of the
Contract or cancellation of the RFP), no employee, member or agent of any Proposer shall have any ex-
parte communication regarding the RFP Documents with any member of MassDOT’s staff, its advisors,
contractors, or consultants involved with the procurement except for communications expressly permitted
by the RFP Documents. Any Proposer engaging in such prohibited communications may be disqualified
at the sole discretion of MassDOT.
2.11 MASSDOT’S RIGHTS
MassDOT may investigate the qualifications of any Proposer under consideration, may require
confirmation of information furnished by a Proposer, and may require additional evidence of qualifications
to perform the obligations described in the RFP Documents. MassDOT reserves the right to:
• reject any or all Proposals;
• issue a new Request for Proposals;
• cancel, modify or withdraw the entire RFP;
• modify the RFP process;
• appoint a Selection Committee to review Proposals, and seek the assistance of legal and
technical advisors (“technical advisors”) in Proposal evaluations;
• approve or disapprove changes in a Proposal;
• waive minor informalities in Proposals; and
• request supplements to the Proposal in connection with the Oral Presentation process described
in Section 4.2
The RFP does not commit MassDOT to enter into the Contract, nor does it obligate MassDOT to
pay for any costs incurred in preparation and submission of a Proposal or in anticipation of the Contract.
By submitting a Proposal, a Proposer disclaims any right to be paid other than the payment of a stipend
pursuant to the terms and provisions set forth in Section 3.10 and the Stipend Agreement included in
Volume I – Instructions to Proposers, Attachment A of this RFP.

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SUBMISSION REQUIREMENTS Page 30
Chapter 3: Submission Requirements
3.1 GENERAL FORMAT
The Proposal shall contain concise written material and drawings to enable a clear understanding
and evaluation of both the capabilities of the Proposer and the characteristics and benefits of the Proposal.
Legibility, clarity and completeness of the technical approach are essential. The Proposal shall consist of
text, drawings, graphs, photographs and tables, as needed, to clearly describe the Proposer’s approach. An
8 ½-inch by 11-inch, single-spaced, minimum 11-point Times New Roman font format is required for typed
submissions in either portrait or landscape orientation, an 11-inch by 17-inch format is preferred for
drawings.
3.2 PROPOSAL SUBMISSION, DEADLINE, AND LOCATION
INSTRUCTIONS
Proposers shall submit Proposals based on the RFP. Proposals shall be segmented into two parts:
Technical Proposals and Price Proposals which must be received by MassDOT, no later than the time and
date specified in Section 1.3: Schedule of Events.

The Proposer shall submit the Price Proposal through the Bid Express on-line bidding exchange at
http://www.bidx.com/ (BidX) prior to the time set for opening of the Price Proposal.

The Proposer shall upload their Technical Proposal through the Proposer’s secured and confidential
Dropbox site provided by MassDOT by the time specified.

The Proposer is responsible for assuring that both the Technical Proposal and Price Proposal are
delivered on time and to the correct location.

The time of receipt shall be considered when the Proposal has been officially documented by
MassDOT as having been accepted at the designated location and when the Price Proposal has been
officially submitted to BidX.

Late submissions shall not be accepted and shall be returned to the sender unopened. Delivery of
the Proposal shall be at the Proposer’s expense. The time of receipt shall be considered when the Proposal
has been officially documented by MassDOT as having been received at the location designated above, and
when the Price Proposal has been officially documented by Bidx.com as having been submitted. MassDOT
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 Proposer’s transmitting location, at MassDOT’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 Proposer cannot complete and submit a Technical Proposal due to failure or incomplete delivery of the
files submitted via the Internet. Submissions received after the time and date specified in Section 1.3:
Schedule of Events deadline shall be considered non-responsive.
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SUBMISSION REQUIREMENTS Page 31
All Proposals submitted in response to this RFP must consist of one (1) e-Signed original of the
Technical Proposal including all required attachments and be accompanied by an e-signed Letter of
Transmittal.

One copy of the Proposal Letter of Transmittal shall be e-signed by an official authorized to legally
bind the Proposer.

Technical Proposals electronically submitted in response to this Procurement must consist of one
electronically signed copy in searchable PDF format, including all required attachments, and must be
accompanied by an e-signed Design-Build Proposal Letter of Transmittal Form pursuant to M.G.L.
c. 110G, §2.


3.3 TECHNICAL PROPOSAL
Technical Proposals shall contain three major sections: a Project management summary, a
comprehensive technical approach and a technical appendix with resumes, detailed schedule, and
supporting information. The package shall indicate clearly that it is the Technical Proposal and shall clearly
identify the Proposer’s name, Project description, or any other information required. Required Proposal
organization is delineated in Section 3.3.2. The Proposal must contain a detailed CPM schedule,
preliminary design plans as appropriate, preliminary construction sequence plans as appropriate,
preliminary specifications, and technical reports to support the Proposal. The total Contract time must
appear in the Proposal.
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SUBMISSION REQUIREMENTS Page 32
3.3.1 TECHNICAL PROPOSAL FORMAT
The Technical Proposal shall follow the following format:

1. Each page of the Technical Proposal shall include a page number of total pages and
identification of the Proposer in the page footer.
2. The Technical Proposal shall be a searchable PDF on white pages with dimensions of 8 ½ by
11 inches with right and left margins of one inch.
3. Drawings may be provided in 11 by 17 inch format in an appendix, not part of the 30-page
limit
4. The Technical Proposal shall use Times New Roman font with a minimum size of eleven
points.
5. Different font/sizes and an 11inch by 17 inch sheet layout will be allowed for graphics, charts,
tables, figures, and captions provided that they are legible when printed and when viewed
electronically. An 11 inch by 17 inch sheet size will be counted as one page toward the 30-page
limit.
6. The Technical Proposal shall adhere to a maximum page limit of 30 pages in response to this
RFP. The contents of the Technical Proposal Appendix shall not count toward the 30-page
limit.
7. The Technical Proposal shall be submitted in electronic format in searchable PDF format as
well as the schedule file.
8. Table of Contents, any inserts and/or cover pages at the start of each section WILL NOT count
toward the total page limit.
3.3.2 TECHNICAL PROPOSAL ORGANIZATION
Technical Proposals shall be submitted in the format outlined below. To be considered, the
Technical Proposal shall respond to all requirements in this part of the Instructions to Proposers. The
Technical Proposals shall be evaluated as per the RFP section 4.5.2 Technical Proposal Evaluation Criteria.
The required sections of the Technical Proposal are:

• Title Page
• Letter of Transmittal/Forms (WILL NOT count toward the total page limit)
• Executive Summary
• Section 1: Project Management and Coordination
• Section 2: Technical Approach
• Appendix: Resumes of Key Personnel, Project Schedule, and Technical Supportive
information
The requirements for each Technical Proposal section are detailed below. The requirements
include information that must be included in each Technical Proposal response section and shall count
toward the 30-page limit except where specified.



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SUBMISSION REQUIREMENTS Page 33
3.3.2.1 Letter of Transmittal/Submittal Forms
The Proposer’s Technical Proposal shall include a Letter of Transmittal e-signed by an individual(s)
authorized to bind the Proposer contractually. The Letter must state that the Technical and Price Proposal
shall remain valid for a period of eight (8) calendar months from their submission date and thereafter until
the Proposer withdraws, or a Contract is executed, or the procurement is terminated by MassDOT,
whichever occurs first.

The Letter of Transmittal shall include the name, title, address, email address, and telephone
number of one individual who can respond to requests for additional information, and also, of one individual
who is authorized to negotiate and execute a Contract on the Proposer’s behalf.

Each Proposer shall also provide appropriate evidence that the individual signing the Letter
of Transmittal and all other Proposal forms is authorized to sign the Proposal on behalf of the
Proposer and evidence that such person has the authority to bind the various participants making
up the Proposer Team and to make the representations contained in the Proposal as well as any
additional binding commitments related to the Proposal. This evidence is required.

The Letter of Transmittal form to be used is contained in RFP Volume I – Attachment A. Neither
the Letter of Transmittal, nor the evidence of authorization to sign shall count towards the 30-page limit.
The other form contained in Volume I – Attachment A, Stipend Agreement, must also be completed,
e-signed and separately submitted as part of the Technical Proposal in order for the Proposer to be eligible
to receive the stipend described in Section 3.10.
3.3.2.2 Executive Summary
The Proposer shall submit an executive summary with its Proposal. The executive summary shall
be written in non-technical style and contain sufficient information for reviewers with both technical and
non-technical backgrounds to become familiar with the Proposal and its ability to satisfy the technical
requirements of the Project. The executive summary shall not exceed one (1) double-sided page.

The executive summary shall not include any pricing information and shall, at a minimum, include
the following:

• an explanation of the organization and contents of the Proposal;
• a summary of the proposed management, decision-making and day-to-day operation structure;
• a summary of the Technical Proposal; and
• particular aspects of the Proposal that may be beneficial to MassDOT in its review.
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3.3.2.3 Section 1: Project Management and Coordination
The Proposal shall set out the Proposer’s management approach to Design-Build, project
management philosophy, plan for executing the Project and related contract administration, and how the
Proposer plans to achieve the Project requirements. The Design-Builder's Management Proposal shall
clearly illustrate the team’s capability to (a) control and coordinate the various Subcontractors and other
resources, (b) interface with MassDOT and other Federal and State agencies, (c) control the costs and
schedule of the Project, (d) comply with applicable laws, and (e) provide the experienced personnel and
facilities required to successfully complete the Project.
The Design-Builder's Management Proposal shall include the sections described below.
3.3.2.3.1 PROJECT MANAGEMENT AND PERSONNEL EXPERIENCE
Provide the following:
• A chart indicating the basic structure of the Proposer’s organization. The organization chart
shall indicate how the following functional areas will fit in the organization and which individual
or Participant will have supervisory responsibility for the functional areas:
o Project Controls
o Project Integration
o Quality Control
o Subcontracts and Procurement
o Engineering Design, including
- Highway
- Civil/Stormwater and Drainage
- Geotechnical Investigation and Design
- Structural Design
- Roadside Safety Design
- Traffic Engineering
- Traffic Management
- Water Quality
o Safety
o Public Outreach/Coordination
o Labor Relations
o Environmental Compliance/Permitting
o Soil and Groundwater Management
o Survey
o Construction Management
o Document Control
• A narrative description of the methods to be used to ensure necessary coordination across/within
the organization.
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• An affirmative statement that the resources shown or indicated in the Proposal will be available
if awarded the Contract. The Proposer shall ensure and provide evidence that, if awarded the
Contract, all Key Personnel identified in its Proposal will be available on a
full-time basis for the periods necessary to fulfill their responsibilities.
• The Proposer acknowledges that MassDOT has relied upon the Proposer’s identification of Key
Personnel and Major Participants in its Statement of Qualifications in selecting the Proposer to
receive the Request for Proposals and submit Technical and Price Proposals for the Project. If
a Proposer believes that any change to any Key Personnel or a Major Participant identified in
its Statement of Qualifications is warranted in its Technical Proposal, due to an intervening
event, the Proposer shall notify MassDOT in writing of the proposed changes. The Proposer
shall not change any person listed as Key Personnel or a Major Participant in its Technical
Proposal without the prior written consent of MassDOT. The Proposer acknowledges that
MassDOT will rely upon the Proposer’s identification of Key Personnel or a Major Participant
in evaluating the Proposer’s Technical Proposal. In the event that any of the Persons listed as
Key Personnel are proposed to be removed but remain employed by the Proposer or a
Subcontractor, then the Proposer shall provide MassDOT with a written explanation for such
removal to be approved by MassDOT, whose approval shall not be unreasonably withheld.
• Provide the following:
o Describe efforts to include Disadvantaged Business Enterprise participation in the
Project

• Include in the organizational chart the Key Personnel who are being proposed to be in charge
of the day-to-day work on the Project as related to the Technical Approach. This includes the
key persons in charge of design, construction, and Quality Control as well as the relevant
experience of the personnel who shall be responsible for the areas of:
o Project Management
o Quality Control
o Environmental Compliance
o Design-Build Interface/Coordination
o Project Design
o Project Construction


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SUBMISSION REQUIREMENTS Page 36
• At a minimum, the Key Personnel performing the functions listed below shall be identified and
meet all requirements specified in RFP Volume II - Technical Provisions:
o Project Manager (Full-time position)
o Quality Control (QC) Administrator
o Design Quality Control (QC) Manager
o Design Manager
o Lead Highway Engineer
o Lead Structural Engineer
o Construction Manager
o Construction Quality Control (QC) Manager (Full-time position)
o Fabrication Quality Control Manager
o Construction Superintendent(s) - Full Time at site for Day/Night shift.
o Site Safety Officer
o Environmental Compliance Manager (Construction)

• In addition to the Key Personnel listed above, the Proposers shall also identify the Project Team
Members performing the following functions:
o Lead Traffic Engineer
o Traffic Control Supervisor
The TCS will be the Responsible Person in Charge of the Project work site relative
to all design and/or setup and maintaining temporary traffic control in the work
zone. The TCS shall be certified by the American Traffic Safety Services
Association (ATSSA) and shall have completed the Traffic Control Technician
training as a prerequisite for the Traffic Control Supervisor training and meet all
the minimum TCS certification requirements of the ATSSA Certification Board.
The TCS certification must be current and remain current for the duration of the
project.
o Lead Geotechnical Engineer
o Public Outreach Liaison
o Document Control Engineer
o Lead Drainage Engineer
o Project Scheduler
o Civil Rights Compliance Manager
The Design-Builder’s designated person who is working under the direction of the
Project Manager shall be responsible for monitoring all Civil Rights Compliance
requirements and EEO goals described in the Contract Documents.

• Explain where identified personnel shall be physically located during the time they are engaged
in the work.
• Identify differing work locations and address coordination between Design-Builder Team
Members and Subcontractors, and the Project Management Controls to be used to ensure proper
communications and work flow needed to maintain the Project schedule and budget.
• Explain how the engineering design process shall be integrated with the construction process.
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SUBMISSION REQUIREMENTS Page 37
• Identify the key risk areas of the Project and address how risks will be mitigated, including but
not limited to, risks identified in RFP Volume II, Section 1.4. Include all Project assumptions.
Identify the managerial process tools that the Design-Builder shall employ to address these
issues. Include the following:
o Details of the scheduling approach that shall be utilized within this effort. Include
details on how the Design-Builder shall identify and respond to spending trends and
schedule slippage (including details how the Design-Builder shall develop and utilize
an Earned Value Report in support of this Project).
o Detail the Design-Builder’s approach to managing safety requirements.
o Detail any additional process tools that shall be utilized during this effort.

• Understanding of the Project and General Approach to Design-Build. Provide a statement of
the Proposer’s understanding of the Project, relating relevant experience to the specific needs of
the Project. Identify any unique or special qualifications the Proposer’s organization will
provide in support of the Project.
• Provide an overview of any innovative technologies or accelerated techniques to be used on the
Project, if any, inclusive of products and techniques. MassDOT encourages the use of
accelerated construction techniques, including the use of precast elements.
• As detailed in Section 5.9 Conflict of Interest, provide a completed Exhibit A included in
Attachment F, MassDOT Disclosure Form Organizational Conflicts of Interest for a
determination for a potential conflict of interest for Participants per Section 5.9 or a written
certification that none exist.
3.3.2.3.2 Quality Control (QC) System
Provide a brief narrative explaining the process for developing the Quality Control System and
Quality Management Plan (QMP) and the approach to implementing Design QC, Construction QC,
and Fabrication QC. This section of the Technical Proposal shall include at least the following:
• A narrative description of the proposed Quality Control organization, including the names and
resumes of the QC Administrator, Design QC Manager, Construction QC Manager, and
Fabrication QC Manager (Note: Resumes shall be included in Proposal Appendix).
• A chart showing the Proposer’s QC organization and how it interrelates with the other elements
of the Proposer’s organization for the Project.
• A brief narrative outlining the document management procedures to be implemented.
• A description of the Proposer’s Design QC System and how it will address the requirements
outlined in RFP Volume II – Technical Provisions, Section 2.0.
• A description of the Proposer’s Construction QC System, including QC for Fabricated Structural
items, and how each will address all requirements outlined in RFP Volume II – Technical
Provisions, Section 2.0.
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Proposal No. 607349-CCCCC

SUBMISSION REQUIREMENTS Page 38

• A description of the Proposer’s Quality Control procedures to address and minimize
Non-Conformance Reports (NCRs). Provide a brief description of past experience addressing
the NCRs on the DB Projects.
• Provide details as to how the Quality Control employees will be structured within the overall
project management structure to ensure effective, autonomous Quality Control on both the
Design and Construction side of the Project.
• Provide details of the Design-Builder’s approach to independent Quality Control Oversight at
Fabrication plants above and beyond the Fabricator’s QC Program/QSM (Quality System
Manual).
• Provide details of the Design-Builder’s approach to Quality Control Oversight of the
Subconsultant and Subcontractors for the Project.
3.3.2.3.3 Design and Design Management
This section shall include a summary of the approach to development of the Project design. Provide
the following:
• A description of the plan for coordination of all disciplines involved in the Project, including
civil, highway, structural, geotechnical, traffic, stormwater, environmental,.
• Approach at the design stage, of how construction staging, constructability, traffic restrictions
and other project constraints will be addressed.
• A description of the Proposer’s design process, including the internal process for design reviews.
The program shall address design accuracy, quality of calculations and CAD products, roles,
reporting relationships and responsibilities, procedures to be implemented, how the program
will be documented, and how changes will be made to correct deficiencies.
• A description of how the design will be progressed and submitted in a timely fashion to allow
for reviews by MassDOT, their designee, and FHWA, including Over-the-Shoulder Reviews
and formal submittal reviews in advance of the work, providing for revisions if required.
• A brief narrative description of the proposed plan for furnishing the design for the Project,
including where the designers not identified as Key Personnel will be located and how designs
developed by different firms and offices will be integrated and coordinated to ensure consistency
and quality.
• A description of how Early Release work will be broken out and advanced separately from the
final design. This should include a list of anticipated Early Release design submissions.

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SUBMISSION REQUIREMENTS Page 39
3.3.2.3.4 Construction and Construction Management
Describe the Proposer’s construction management organization and how it interrelates with the
other elements of the Proposer’s organization for the Project. Provide a brief narrative description of the
proposed plan for performing construction for the Project. This section of the Proposal shall include at least
the following:
• A description of the plan for coordination of all disciplines involved in the Project, including
civil, highway, structural, geotechnical, traffic, stormwater, environmental and utilities during
Early Action items and construction.
• A construction organization chart for the Project, showing the relationships between functions
shown on the chart and the functional relationships with Subcontractors. The chart shall indicate
how the Proposer intends to divide the Project into Work Packages to enable optimum
construction performance.
• A description of how the construction management will integrate the design and approval effort,
the procurement effort, the determination of the staged construction approaches for the different
Project elements, identification and resolution of constructability challenges, and the
coordination of the construction activities within the defined Project schedule.
• A description of the Proposer’s plans and procedures to ensure timely deliveries of long-lead
items to achieve the Project Schedule.
• A description of the approach to construction management, including coordination with
suppliers, vendors, fabrication, and erection activities.
• A description of Proposer’s safety and training program and how it will be implemented.
• A description of the Proposer’s plan for construction of stormwater management during all
phases of construction.
• A description of how all contingency plans will be decided upon and implemented.
• A description of Proposer’s Plan for Early Release for Construction items for the Project.
• A description of the Proposer’s Public Outreach Plan to coordinating with MassDOT’s public
outreach consultant.

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SUBMISSION REQUIREMENTS Page 40
3.3.2.3.5 Schedule and Cost Control
Provide:
• An explanation of the Proposer’s approach to quantity estimating and how costs will be
controlled. Indicate how the Proposer will maximize and maintain quality at the lowest overall
cost and how price adjustments for any MassDOT-Directed Changes will be minimized;
• A description of the Proposer’s intended management system to be used during all phases of the
Work to control and coordinate the cost and schedule of the Work. Provide a brief narrative
description of the proposed Project approach, which shall include at least the following:
o A description of the system for preparing and updating the Project schedule and
calculating progress performance, including:
- A description of the schedule “updating” process that will be implemented
(recording of actuals, forecasting, optimizing, etc.).
- A description of how the Project Manager, Design Manager and site supervisor
will use this schedule information.
- A description of how this information will be used in project management
meetings.
o A description of the proposed plan to integrate Subcontractor activities into scheduling
and reporting systems;
o A description of how the Proposer will approach rescheduling activities to achieve
schedule recovery objectives and how these objectives will be enforced;
o The approach to implementation of Project Controls;
o A description of plans for mobilizing the Quality Control organization;
o A description of the construction stage that the Proposer intends to build each element
of the Project
o A description of the assumptions on MassDOT and third party review timeframes.
o A description of how intermediate milestones will be met.

Note: as part of the evaluation/score for Schedule and Cost Control, the Proposer is instructed
to provide a detailed Critical Path Method (CPM) Schedule submission with the Technical
Proposal in an Appendix.
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Proposal No. 607349-CCCCC

SUBMISSION REQUIREMENTS Page 41
CPM Project Schedule
The schedule shall depict the stage in the construction process that the Proposer intends to build
each element/phase of the Project. The Proposer’s Project Schedule shall be developed using CPM
techniques and specify the time frame for interim events. These events shall include activities and durations
for the elements detailed in Section 2: Technical Approach, below.

The Technical Proposal shall indicate how the Proposer intends to meet these Milestones and these
Milestones shall be shown on the schedules submitted with the Technical Proposal.

The minimum information to be included in the summary CPM schedule of anticipated major
Milestones and their associated phasing is as follows:

Milestone
Anticipated
Start/Completion Date
(Days after NTP)
Anticipated Award Date
Design Schedule with appropriate Submittals and Acceptance Milestones
• QMP Approval
• Submittal Review & Acceptance by MassDOT/Outside Agencies
• Survey Activities/Geotechnical Investigations/ Utility Coordination
• Early Release for Construction Packages
Construction Schedule
• Major Construction Activities, Milestones, and Interim Milestones
• Baseline Schedule Approval
• Fabrication Activities
• Each Construction Phase and Access Restraints
Construction Completion
• Full Beneficial Use & Substantial Completion
• Development of Punch List
• As-Built Rating Reports
• As-Built Drawings
• Final completion Date for All Work
Final Acceptance / Contract Completion Date

In developing the Project schedule, the Proposer shall use a thirty (30) day review cycle for first submittals
and a thirty (30) day response period for complete project resubmittals.
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SUBMISSION REQUIREMENTS Page 42
3.3.2.4 Section 2: Technical Approach
The BTC shall be used as the basis for the Technical Approach.
The Technical Approach shall identify the level and quality and the expected useful life of each of
the constructed Facilities, and shall identify the performance criteria against which each aspect may be
measured. Proposers are advised that the minimum design life for new roadway pavements is to be 40
years and the design life for bridges is to be 75 years. The minimum service life for bridges is to be
100 years.
The Technical Approach/Proposal shall also include the following:
3.3.2.4.1 Civil/Traffic
• General requirements and approach to design and construction of roadway, traffic staging,
signing, highway lighting, and roadway safety; including limit of work transitions.
• Approach to design, implementation, and monitoring of temporary traffic control on the
impacted roadways.
• Approach to Public Outreach communication of construction operations to the public,
communities and agencies.
• Approach to drainage design and construction of stormwater management and water quality.
• Approach to the design and construction of temporary stormwater management during
construction including temporary drainage control on bridges for each construction and
demolition stage.
• Concept plans – provide concept plans that include plans, profiles, elevations and appropriate
typical sections.
3.3.2.4.2 Environmental
• Approach to the final design and construction of all elements with respect to environmental
permits, approvals and other environmental regulations.
• Approach to updating environmental permits and approvals as necessary to support final design
and construction.
• A description of how the Proposer will work with MassDOT and the Environmental Regulatory
agencies in fulfilling its obligations under this section.
• A plan for securing a National Pollutant Discharge Elimination System (NPDES) permit from
the Environmental Protection Agency.




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SUBMISSION REQUIREMENTS Page 43
3.3.2.4.3 Structures and Geotechnical
• A description of the approach to accelerated bridge construction if proposed.
• Approach to design of the bridge structure.
• Approach to design of the bridge superstructures and substructures. Description shall address
overall design approach to conform with all applicable standards, as well as how the proposed
design will limit the need for long term maintenance of the proposed structure. The approach
shall also address construction methods and equipment for the fabrication, delivery, erection,
final assembly, and camber management of the post-tensioned spliced prestressed concrete
girders shown in the BTC.
• Approach to type selection, and design of retaining walls.
• Approach and construction sequence of demolition of existing superstructure and substructure
in conformance with the limitation specified in the RFP.
• Approach to meeting the minimum 75-year design life and a minimum 100-year service life.
• Geotechnical design plan and approach, including support of excavation, cofferdams, and
temporary structural supports.
• Concept plans for each structure, which shall include a key plan, profiles, plan views, bridge
elevations, superstructure cross-sections, abutment section, bridge staging sections, other
critical sections, access routes, and aesthetic treatments. Approved ATCs that modify the BTC
Sketch Plans shall be included in the technical proposal concept plans. The Proposer’s concept
plans shall show all principal design elements to a level of detail consistent with MassDOT
Bridge Manual Sketch Plans and as modified by accepted ATC’s and serve as Bridge Sketch
Plans for the Project moving forward.
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SUBMISSION REQUIREMENTS Page 44
3.3.2.4.4 Construction Staging
• Approach to the staging of the construction of the work elements in a manner that maintains
vehicle access while minimizing environmental impacts within approved permit requirements,
maintaining structural integrity of existing bridge while in service, utilizing local and regional
resources, and minimizing impacts to local businesses and residents. Work elements to be
addressed include:
o Bridge superstructure demolition
o Bridge substructure demolition
o Existing Bridge substructure stabilization
o Bridge superstructure and substructure construction
o Laydown and staging areas, including private property under consideration
o Temporary Works for construction, demolition, and maintenance of traffic.
o Methods for delivery of materials and equipment to site
o Highway reconstruction (including storm drainage features, signing, temporary
lighting, etc.)
• Approach to meeting noise and dust control criteria as identified in the Draft BTC Special
Provisions provided in the Appendix C of Volume II – Technical Provisions.
• Approach to temporary changeable message sign installations.
• Approach to traffic mitigation during periods of reduced capacity and vehicle incidents.
• Concept plans – provide Concept plans that include appropriate sections showing the proposed
construction staging and traffic management.

3.3.2.5 Appendix: Project Manager and Key Personnel Resumes/Technical Supportive
Information
Include resumes for the Project Manager, Key Personnel and other team members identified in the
Project Management and Coordination section and any supportive technical information.

Please Note: the contents of this appendix shall not count toward the Technical Proposal maximum
page limit of 30 pages.




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SUBMISSION REQUIREMENTS Page 45
3.4 PRICE PROPOSAL
The Price Proposal shall be submitted through the Bid Express on-line bidding exchange at
http://www.bidx.com/. Electronic bid files are provided through the Bid Express on-line bidding exchange
at http://www.bidx.com/. The Proposer shall follow the on-line instructions and review the help screens
provided to assure that the schedule of items is prepared properly. The Proposer shall download and
acknowledge any and all addenda files prior to submitting their final bid. Price Proposals shall be submitted
in accordance with the requirements of the Bid Express Web Site.
At the designated time of Price Proposal submittal, the Bid Express web site requires a completed
set of proposal forms submitted by the Proposer which includes the price proposal sheets (Document
B00420), bid bond, addendum acknowledgement, and affidavit of non-collusion acknowledgement.

3.4.1 BID BOND
Every Proposal must be accompanied by a bid deposit in the form of a bid bond, or cash, certified
check, or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to the
awarding authority, MassDOT. The amount of such a bid deposit shall be 5 percent of the value of the
Price Proposal. Bid Bonds shall be submitted in accordance with Subsection 2.0 of the MassDOT Standard
Specifications for Highways and Bridges, 2026 and the instructions posted on the Bid Express Web Site.

3.4.2 PAYOUT SCHEDULE
This Design-Build Project is a lump sum contract. Payments shall be made through a payout
schedule based on major work items or tasks and in conjunction with Section 9.0 of RFP Volume II –
Technical Provisions.
The Proposer’s Price Proposal shall include:
• The base bid to include one lump sum cost for all design, construction, and construction
engineering and Quality Control system, as required, and any warranties required.
• Individual unit costs for bid items identified in the Price Proposal Form contained in
Attachment B: Document B00420 Price Proposal Forms. These unit costs are intended to be
used by MassDOT to validate the Proposer’s Price Proposal. The Fixed Price established for
Item 722.1 Schedule of Operations shall be entered as the unit cost. Please note: the unit price
contained in each bid item is “all inclusive” (i.e. includes all costs associated with the item).
These costs shall include, but not be limited to: design, engineering, project management,
Quality Control, equipment procurement, ancillary equipment, transport, installation,
integration, utilities, traffic protection, warranty, bonds, insurance and incidentals.
• Non-collusion certificate. (NOTE: Submitted as part of the AASHTOWare Project Bids
Submission per Section 2.5)
• Document B00420 – Price Proposal Form

DRAFT
http://www.bidx.com/
http://www.bidx.com/
Massachusetts Department Of Transportation Highway Division
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SUBMISSION REQUIREMENTS Page 46
3.5 RFP AMENDMENT
MassDOT reserves the right to amend this RFP at its discretion, prior to the Proposal submission
deadline. In the event of an amendment to this RFP, MassDOT, at its sole discretion, may extend the
Proposal submission deadline as it deems appropriate. MassDOT will provide notifications of amendments
to this RFP to Proposers.

It is the responsibility of the Proposer to monitor www.bidx.com and the email distributed from
massdotspecifications@dot.state.ma.us for RFP timeframe amendments.
3.6 PROPERTY OF MASSDOT
All materials received in response to this RFP shall become the property of MassDOT and shall
not be returned to the Proposer.
3.7 CONFIDENTIALITY OF TECHNICAL PROPOSALS
All Technical Proposals shall remain confidential until the time of Contract Award pursuant to
M.G.L. c. 149A, § 19(5).
3.8 PUBLIC DISCLOSURE
All financial information, trade secrets or other information customarily regarded as confidential
business information shall not be deemed to be public information and shall remain confidential to the
extent permissible under current law. The Proposer shall clearly mark all material on individual pages that
it deems confidential or proprietary “CONFIDENTIAL”. The classification of the entire Proposal
document, line item prices, and/or total Proposal prices as proprietary or trade secrets is not acceptable.
3.9 NON-COMMITMENT
Notwithstanding any other provision of this RFP, this RFP does not commit MassDOT to award a
contract. MassDOT reserves the right, at its sole discretion, to reject any and all Proposals, or any portions
thereof, at any time; to cancel this RFP; and to solicit new Proposals under a new acquisition process.

DRAFT
http://www.bidx.com/
mailto:massdotspecifications@dot.state.ma.us
Massachusetts Department Of Transportation Highway Division
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SUBMISSION REQUIREMENTS Page 47
3.10 STIPEND
MassDOT will award a stipend in the amount of two hundred ten thousand dollars ($210,000.00)
to each unsuccessful Proposer that submits a responsive Technical Proposal and a Price Proposal that
conform to the requirements of the RFP, as determined solely by MassDOT, in accordance with M.G.L. c.
149A, sec. 19, subject to the Terms and Provisions set forth in the Stipend Agreement attached hereto in
Attachment A. Upon payment of the stipend, MassDOT may use any approved ATCs and ideas, designs,
means, and/or methods contained in the non-successful proposals in connection with any contract awarded
for the Project or in connection with a subsequent procurement without any obligation to pay any additional
compensation to the unsuccessful Proposers in accordance with M.G.L. c. 149A, sec. 19.

The Proposer’s right to receive the stipend is predicated upon the timely submission of the
Technical and Price Proposals, and the completion of MassDOT’s review of these proposals. MassDOT
will award the stipend to unsuccessful Proposers, in accordance with the terms described above, whether it
awards the Contract or not. MassDOT will pay the stipend to each eligible Proposer within ninety (90)
days after the execution of the Contract or the decision not to award a Contract.

To be eligible to receive the stipend, the Proposer must execute the Stipend Agreement, enclose it
within its Technical Proposal, and submit the Technical Proposal by the deadline set forth in RFP Volume
I – Instructions to Proposers. No exceptions to this provision will be made. If an unsuccessful
short-listed Proposer elects to waive the stipend, MassDOT will not use that Proposer’s approved ATCs,
ideas or designs in connection with the Project or in connection with any subsequent procurement.

The Stipend Agreement shall be submitted as a separate e-signed file of the Technical
Proposal.
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SELECTION PROCESS AND EVALUATION CRITERIA Page 48
Chapter 4: Selection Process and Evaluation
Criteria
4.1 INITIAL EVALUATION/EVALUATION OVERVIEW
The Selection Committee shall first determine whether the Proposals meet the Pass/Fail criteria and
whether the Proposals are otherwise responsive to the requirements of the RFP. Committee members shall
evaluate the appropriate components of the Proposals against the criteria contained in this RFP and submit
the findings to the full Committee. Following the Oral Presentations, Committee members shall finalize
their evaluation sheets and narratives, where appropriate.

Committee members will not evaluate the technical component of Proposals that are deemed non-
responsive.
4.2 ORAL PRESENTATIONS
MassDOT may require each Proposer to present a fortifying presentation of its Proposal.
According to the date specified under Section 1.3, after the Proposals are submitted, Proposers that
submitted Proposals deemed responsive may be required to make an Oral Presentation (up to two (2) hours
in duration) to all members of the Selection Committee. The presentation shall afford the Proposers the
opportunity to highlight the significant aspects of their Technical Proposal and their understanding of the
Project and offer a chance for the Selection Committee to ask clarifying questions. The Selection
Committee shall decide in advance as to what Proposal information may require clarification and which of
the Proposer’s Key Personnel it wishes to interview. The Oral Presentation shall not be used to fill in
missing or incomplete information that was required in the written Proposal. The Oral Presentation shall
not be used as an opportunity by the Proposers to improve or supplement their Proposals.
Following Oral Presentations, Committee members shall complete their evaluation sheets and
narratives.
4.3 PROPOSAL CLARIFICATIONS
The Selection Committee shall determine if clarifications shall be required. The Selection
Committee shall notify in writing each Proposer for which clarifications of their Proposal are required in
accordance with the schedule contained in this RFP. Oral Presentations may be requested and shall serve
the purpose of assisting the Committee in understanding and clarifying the Proposals. Committee members
may request each Proposer to address any and all incomplete issues and/or information and may request the
submission of additional information for the purpose of clarifying and improving the Committee’s
understanding of its Proposal.

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SELECTION PROCESS AND EVALUATION CRITERIA Page 49
4.4 QUALITATIVE RATINGS
Each major category and subcategory will be qualitatively evaluated by each reviewer and assigned
a rating as follows:
• EXCEPTIONAL (90-100): The Proposer has demonstrated an approach that is considered to
significantly exceed stated requirements/objectives and provides a consistently outstanding
level of quality. There is very little or no risk that this Proposer would fail to meet the
requirements of this aspect of the work. There are essentially no weaknesses in this item of the
Proposal.
• GOOD (75-89): The Proposer has demonstrated an approach which is considered to exceed
stated requirements/objectives and offers a generally better than acceptable quality. There is
little risk that this Proposer would fail to meet the requirements of this aspect of the work.
Weaknesses, if any, are very minor.
• ACCEPTABLE (60-74): The Proposer has demonstrated an approach that is considered to
meet the stated requirements/objectives and has acceptable level of quality. The Proposal, for
this aspect of the work, demonstrates a reasonable probability of success. Weaknesses are
minor and can be readily corrected.
• POOR (50-59): The Proposer has demonstrated an approach that fails to meet stated
requirements/objectives as there are weaknesses and/or deficiencies, but they are susceptible
to correction through oral presentations. The response is considered marginal in terms of the
basic content and/or the amount of information provided for evaluation, and the Proposer shall
be capable of providing an acceptable or better Proposal for this item.
• UNACCEPTABLE (0-49): The Proposer has demonstrated an approach that contains
significant weaknesses/deficiencies and/or unacceptable quality. The Proposal fails to meet the
stated requirements/objectives and/or lacks essential information and is conflicting and/or
unproductive. There is no reasonable likelihood of success; weaknesses/deficiencies are so
major and/or extensive that a major revision would be necessary.
The Selection Committee will use these guidelines as a means of converting the applicable
weighting factors to the qualitative ratings established in the review of the Proposals. These guidelines will
enable the Committee to apply the appropriate weight to each selection factor as set forth in the project
specific Technical Proposal evaluation process.
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Proposal No. 607349-CCCCC

SELECTION PROCESS AND EVALUATION CRITERIA Page 50
4.5 SELECTION CRITERIA
The Selection Committee will evaluate each Proposer’s Technical Proposal. The Committee will
use the following procedure to evaluate the Proposals.

Each Selection Committee member is responsible for scoring the Proposer’s Proposals in areas of
their expertise. The Selection Committee will decide as a group if additional resources are needed to assist
them in those areas where the Committee does not possess an appropriate level of expertise. Committee
members, since chosen based upon their knowledge and expertise on the major disciplines of the Project,
may consult with each other on specific areas of the Proposals.

Each Committee member will then submit a final Technical Proposal scoring form for each
Proposer’s Proposal to the Selection Committee Chairperson. During this technical review process, it is
recommended that the Committee members meet together to discuss their thoughts on each Proposal. The
purpose of this meeting is to give each reviewer a better understanding of the technical merits of each
Proposal, not to develop a group score.

Selection Criteria to be evaluated is as follows:

4.5.1 PASS/FAIL EVALUATION CRITERIA
The Proposals will be reviewed initially for their responsiveness to the requirements of the RFP.
Proposals will also be evaluated in accordance with the following pass/fail criteria:

• Proposal was submitted per the requirements of Chapter 3
• Proposal is organized per Section 3.3
• Letter of Transmittal and all required forms have been submitted
• The Proposal Guaranty in the amount of 5% of the Price Proposal has been submitted with the
Proposal. (Note that the Bid Bond must be submitted as outlined on the Bid Express web site.)
Proposers that fail to achieve a passing score on any of the pass/fail portions of the evaluation will
not be eligible for recommendation by the Selection Committee.


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4.5.2 TECHNICAL PROPOSAL EVALUATION CRITERIA (100% OF TECHNICAL
PROPOSAL)
The qualitative evaluation of the technical aspects of the Proposal will count for 100% of the total
technical score. It will be focused on the following criteria:
4.5.2.1 DB Project Management and Coordination (35% of Technical Criteria)
The Committee will evaluate the following elements:
4.5.2.1.1 Project Management and Personnel Experience (5%)
• Experience and ability of management personnel and Key Personnel.
• Expertise of Project Manager
• Expertise and relevant experience in coordination with public agencies (city and
municipalities).
• Identification of key risks and plan to address risk issues
4.5.2.1.2 Quality Control System (10%)
• QC System and Quality Management Plan (QMP) Approach.
• General Approach to Quality Control.
• Approach to Quality Control organization and roles.
• Approach to document management procedures.
• Approach to Design Quality Control requirements.
• Approach to Fabrication Quality Control
• Approach to Construction Quality Control requirements.
• Provided description of past project implementation of successful QC System/Program.
4.5.2.1.3 Design Management (5%)
• Approach to coordination of all disciplines of engineering involved, project aesthetics as
applicable, and project constraints.
• Approach to conducting Over the Shoulder (OTS) reviews and Comment Resolution Meetings
(CRM).
• Approach to design submittal reviews, and implementation of review comments.
• Approach to addressing unique challenges and/or design concerns such as non-standard bridge
design aspects.
• Approach to identifying and advancing Early Release packages.


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4.5.2.1.4 Construction Management (5%)
• Approach to construction management. Include demolition and erection activities, utility
protection, environmental compliance and contingency planning.
• Approach to Quality Control during fabrication and construction, coordination of Quality
Control with MassDOT’s construction Acceptance inspection and material testing obligations,
and approach to address and minimize NCRs.
• Approach to coordination with the Towns of Norwell, Pembroke and Marshfield Police and
Emergency Services, State Police, and local communities for Project Traffic management and
construction sequencing.
• Approach to coordination with MassDOT related to operation of the rest areas during
construction.

4.5.2.1.5 Schedule and Cost Control (10%)
• Approach to including design schedule in the proposed management system.
• Specific procedures proposed for tracking progress and expenditures, the roles and
responsibilities for reporting results.
• Methods for meeting Completion milestones.
• Approach to mitigating schedule risk, especially in consideration of future river activities
(annual Canoe race, etc.)
• Approach to mitigating other third-party schedule impacts (Police Details).
• Approach to integration of design, procurement, construction staging, constructability
challenges, and construction activities within the Project schedule.
• Plans for initiating early work and critical path items.
• Schedule Submittal per Section 3 of the Technical Proposal.
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4.5.2.2 DB Technical Approach (65% of Technical Criteria)
Proposers are instructed to identify their approach to meeting or exceeding the required level of
quality for, and the required design life of, each constructed element of the Facility. The Committee will
evaluate the following criteria:

4.5.2.2.1 Civil / Traffic (20%)
• General requirements and approach to design and construction of roadway, traffic management,
signing, and roadway safety; including limit of work transitions.
• Approach to construction of roadway cross section and profile, including consideration of
achieving required superelevations and cross slopes.
• Approach to design, implementation, and monitoring of temporary traffic control for vehicular
traffic. Include approach to RTTM (Real Time Traffic Management)
• Approach to Public Outreach and communication of construction operations to the public,
communities and agencies.
• Approach to drainage design and construction of stormwater management and water quality.
• Approach to the design and construction of temporary stormwater management during
construction including temporary drainage control on temporary roadways and bridges for each
construction and demolition stage.
• Concept plans – provide concept plans that include plans, profiles, and appropriate typical
sections.

4.5.2.2.2 Environmental (5%)
• Approach to the final design and construction of all elements with respect to environmental
permits, approvals and other environmental regulations.
• Approach to working within existing environmental permitting or approach to mitigating
schedule risk associated with updating environmental permits and approvals as necessary to
support final design and construction.
• A description of how the Proposer will work with MassDOT and the Environmental Regulatory
agencies in fulfilling its obligations under this section.
• A plan for securing a National Pollutant Discharge Elimination System (NPDES) permit from
the Environmental Protection Agency
• Approach for coordination with MassDOT if Unknown Subsurface Contamination is
encountered on the Project and the mitigation steps Design-Builder will employ.
• A description of the procedures to be used during the generation of materials from excavations,
and the handling, transporting, stockpiling, and testing of these materials for identification and
classification as well as the legal disposal of materials.



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4.5.2.2.3 Structures (25%)
• Approach to design of the proposed bridge structure.
• Approach to design of the substructure and foundations.
• Approach to design of the superstructure.
• Approach to type selection, and design of retaining walls.
• Approach to Accelerated Bridge Construction (if applicable).
• Approach to meeting the minimum required design and service life . This includes the approach
to minimizing the need for long term maintenance of the structure.
• Geotechnical exploration plan, design plan and approach, including support of excavation.
• Concept plans -, which shall include a key plan, profiles, plan views, bridge superstructure cross-
sections, abutment section, bridge staging sections, other critical sections, access routes, and
aesthetic treatments. Approved ATCs that modify the BTC Sketch Plans shall be included in the
technical proposal concept plans. The Proposer’s concept plans shall show all principal design
elements to a level of detail consistent with MassDOT Bridge Manual Sketch Plans and as
modified by accepted ATC’s and serve as Bridge Sketch Plans for the Project moving forward.


4.5.2.2.4 Construction Staging (15%)
• Approach to the staging of the construction of the work elements while vehicle access while
maintaining structural integrity of existing bridges while in service, utilizing local and regional
resources and minimizing impacts to local businesses and residents. Work elements include:
 Approach and construction sequence of demolition of existing structures in
conformance with the limitation specified in the RFP. Description shall address
construction methods, and the size of equipment anticipated.
 Approach to construction of in-water foundations and substructures, including
methodology of fixed or floating or other access. Description shall address construction
methods, and the size of equipment anticipated.
 Approach and construction sequence for erecting superstructures while maintaining
traffic. Description shall address construction methods, and the size of equipment
anticipated
o Laydown and staging areas
o Methods of delivery of materials and equipment to site
• Approach to traffic mitigation during periods of reduced capacity and vehicle incidents.
• Approach to temporary and permanent work in and adjacent to environmentally sensitive areas
• Concept plans – provide Concept plans that include appropriate sections showing the proposed
construction staging and traffic management.

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4.5.3 PRICE PROPOSAL EVALUATION CRITERIA (100% OF PRICE PROPOSAL)
MassDOT will evaluate the Proposer’s Price Proposal. The Overall Value Rating for each Proposer
will be determined by dividing the total price provided in the Price Proposal by the cumulative score of the
Technical Proposal. The lowest Overall Value Rating (lowest price per quality point) will be deemed the
apparent BVDB.
4.6 PROPOSED CHANGES TO KEY PERSONNEL OR A MAJOR
PARTICIPANT AFTER PROPOSAL SUBMISSION DEADLINE
If a Proposer believes that any change to any Key Personnel or a Major Participant identified in its
Technical Proposal is warranted after the deadline for submission of Technical Proposals and before the
scheduled Public Price Proposal opening for the Project, due to an intervening event, the Proposer shall
notify MassDOT in writing of the proposed changes. The Proposer shall not be able to change Key
Personnel or a Major Participant listed in its Technical Proposal without the prior written consent of
MassDOT. The Proposer acknowledges that it has identified Persons to fill the Key Personnel or Major
Participant roles and that MassDOT has relied upon the Proposer’s identification of such Persons in the
selection of the Proposer. In the event that the Proposer proposes changing the Persons listed as Key
Personnel who remain employed by the Proposer or a Subcontractor, then the Proposer shall provide
MassDOT with a written explanation for such removal to be approved by MassDOT, whose approval shall
not be unreasonably withheld.
4.7 PRICE PROPOSAL OPENING
After the Technical Scores have been tabulated, MassDOT will download from www.bidx.com the
Price Proposals. MassDOT will divide each Proposer’s Price Proposal by the Technical Score to obtain an
Overall Value Rating. MassDOT will review the individual Price Proposals for errors or omissions,
subsequent to the calculation of Best Value. See Section 1.3: Schedule of Events, for Public Price Proposal
Opening/BVDB date and time.
4.8 CONTRACT AWARD
Unless all Proposals are rejected, the Selection Committee will recommend approving and entering
into final contract with the Proposer with the lowest Overall Value Rating.
4.9 RIGHTS OF MASSDOT IN EVALUATING PROPOSALS
MassDOT reserves the right to:
• Consider any source of information in evaluating Proposals.
• Omit any planned evaluation step if, in MassDOT’s view, the step is not needed.
• At its sole discretion, reject any and all Proposals at any time.
• Waive minor Proposal irregularities.
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Chapter 5: Miscellaneous
5.1 PROJECT OFFICE LOCATION
Proposers submitting Proposals in response to this RFP must have an established, fully staffed office
or shall establish a Project office within one (1) mile of the Project location if selected as the Design-Builder.
The Design-Builder shall provide a field office for MassDOT and Project staff. The Design-Builder shall
plan for seven (7) MassDOT staff members.

The Design-Builder shall furnish office furniture, equipment, phone services, computers, tablets
and all office supplies and maintain an Engineer’s Field Office for five (5) MassDOT staff members in
accordance to the relevant provisions of Subsection 740 except as modified by BTC Special Provisions
Item 740.3 Engineer’s Field Office and Equipment as contained in RFP Volume II, Appendix C.
5.2 BONDING
The Design-Builder shall be bonded for one hundred percent (100%) of Contract costs prior to
Contract Award. The Proposer must be capable of providing evidence of a performance and payment bond
for the full amount of the Contract. The Proposer Team Members may combine bonding capacity in order
to achieve 100% bonding of Contract costs.
5.3 TEAMING AGREEMENTS
This procurement precludes Proposers from substituting; replacing, deleting, or adding team
members after the Proposals are submitted.
5.4 PROPOSED CHANGES TO KEY PERSONNEL
No changes to Key Personnel shall be made except as authorized by RFP Volume I, Sections
3.3.2.3.1 and 4.6.
5.5 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY
(AA/EEO)
Consultants and subconsultants of the selected Design-Builder with fifty (50) or more employees
and expected to perform services valued at fifty thousand dollars ($50,000) or more are required to have an
Affirmative Action Plan for the current year on file with MassDOT. The plan must comply with the
provisions of 41 C.F.R. Part 60-2.

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Affirmative Action Plans may be submitted to MassDOT Office of Civil Rights for review before
submission of the Price Proposal.

The Consultants and Subconsultants of the selected Design-Builder are required to supply a copy
of an approved Affirmative Action Certificate or a copy of the letter transmitting the Affirmative Action
Plan to the MassDOT Office of Civil Rights.

Consultants and subconsultants of the selected Design-Builder with less than 50 employees and
expected to perform services valued at fifty thousand dollars ($50,000) or more are required to submit the
firm’s Affirmative Action Policy.

Address questions regarding AA/EEO requirements and/or requests to renew affirmative action
certificates to:

Ana Bresciani
Massachusetts Department of Transportation
Office of Diversity & Civil Rights
10 Park Plaza, Suite 3800
Boston, MA 02116‐3973
Telephone: 857-368-8636
Email: MassDOTAffirmativeActionCert@dot.state.ma.us

5.6 DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PARTICIPATION
[**THIS SECTION NOT APPLICABLE**]




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5.7 NONDISCRIMINATION
The Design-Builder shall not discriminate on the grounds of race, color, religion, sex, national
origin, age or disability in the selection and retention of Subcontractors, including procurement of materials
and leases of equipment placed under the Contract.
The Design-Builder and its respective Subcontractors shall assure that applicants are employed,
and that employees are treated during employment, without regard to their race, religion, sex, color, national
origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training.
In the event of the Design-Builder’s noncompliance with the nondiscrimination requirements
stipulated by the Required Contract Provisions this will be considered a material breach of this Contract
and may result in the termination or suspension of the Contract, in whole or in part, or such sanction or
remedy deemed appropriate by the MassDOT, as provided by law, rule or regulation.
The Design-Builder shall insert these stipulations, as contained in the Required Contract
Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in
turn be made.

5.8 INSURANCE AND RISK MANAGEMENT
Prior to Contract Award, the apparent successful Proposer shall indicate methods of complying
with the liability and insurance requirements of the MassDOT Standard Specifications for Highways and
Bridges, 2026 Edition, and the additional types and amounts of insurance required under Section 18 of RFP
Volume III, “Draft Contract – Terms and Condition.”
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5.9 CONFLICT OF INTEREST
This Organizational Conflict of Interest Guidance (“Guidance”) has been developed by the
Massachusetts Department of Transportation (“MassDOT”) with respect to future participation by entities
and individuals who intend to or who may participate (“Participants”) on the Bridge Replacement, Route 3
N-24-004=P-05-008 (NB & SB) over North River Design-Build Project in the Towns of Norwell, Pembroke
and Marshfield (Proposal No. 607349-CCCCC) (“Project”), which is being funded in whole or in part by
the Federal Highway Administration (“FHWA”). This guidance was developed to further MassDOT’s aim
and objective in maximizing competition and ensuring fairness amongst entities and individuals competing
for work on the Project. The FHWA requires that MassDOT, as a recipient of FHWA funding, conducts its
procurements in a manner that provides for full and open competition in accordance with 49 U.S.C.
§5325(a). This Guidance will also facilitate the protection of MassDOT’s interests and confidential and
sensitive Project information as well as assist Participants in making informed business decisions.

MassDOT is utilizing a design build procurement process under M.G.L. Chapter 149A
(“Procurement”). MassDOT has conducted a review of applicable laws, regulations, guidance, policies and
contract terms to determine whether a conflict of interest or the appearance of a conflict of interest would
preclude an entity or an individual from participating in the contractor procurement. This guidance will set
forth the basis for these determinations and the process by which it will be decided whether certain entities
and individuals will be precluded. For the purpose of this Guidance, any reference to a conflict includes
organizational conflicts of interest as well unless specifically stated otherwise.

5.9.1 APPLICABLE LAWS, REGULATIONS, GUIDANCE, POLICIES AND
CONTRACT TERMS
5.9.1.1 Criteria for Reviewing Potential Conflicts of Interest
Generally, MassDOT will apply the following criteria in reviewing a potential conflict of interest:

a. Lack of Impartiality. When the contractor is unable, or potentially unable, to render impartial
assistance or advice to MassDOT due to other activities, relationships, contracts, or other
circumstances;

b. Impaired Objectivity. When the Contractor’s objectivity in performing the Contract work is or
might be otherwise impaired due to other activities, relationships, contracts, or other circumstances
and
c. Unfair Competitive Advantage. The Contractor has an unfair competitive advantage.
Based on the above criteria, a designer, programmer, consultant or key subconsultant that performs
a feasibility study, master plan or program for a project is ineligible for a subsequent appointment or
employment to perform design development services for that project, unless sound reasons in the public
interest otherwise dictate.

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5.9.1.2 Federal Law
Under Federal law, recipients of aid from the United States Department of Transportation (“DOT”)
must conduct procurements in a manner that provides “full and open competition as determined by the
Secretary.” 49 U.S.C. §5325(a). The Office of Management and Budget regulations applicable to
procurements by third-party grantees of DOT provide that “contractors that develop or draft specifications,
requirements, statements of work, or invitations for bids or requests for proposals must be excluded from
competing for such procurements,” and list organizational conflicts of interest as among “the situations
considered to be restrictive of competition.: 2 C.F.R. §200.319(a).

Additionally, 23 CFR § 636.116 provides in part:

(1) Consultants and/or sub-consultants who assist the owner in the preparation of a RFP document will
not be allowed to participate as an offeror or join a team submitting a proposal in response to the
RFP. However, a contracting agency may determine there is not an organizational conflict of
interest for a consultant or sub-consultant where:
(i) The role of the consultant or sub-consultant was limited to provision of preliminary design,
reports, or similar “low-level” documents that will be incorporated into the RFP, and did
not include assistance in development of instructions to offerors or evaluation criteria, or
(ii) Where all documents and reports delivered to the agency by the consultant or sub-
consultant are made available to all offerors.

5.9.1.3 State Law
Certain state statutory provisions are applicable to this Guidance.
The participation of certain contractors and individuals are restricted by M.G.L. Chapter 268A, the
Massachusetts Conflict of Interest Law.

M.G.L. Chapter 30, §39M1/2 and M.G.L. Chapter 149A, §151/2 require that the owner’s
representative for a project by wholly independent of the designer, general contractor or any subcontractor
involved in the project.

Under M.G.L. Chapter 149A, §18: The design professional retained to provide technical assistance
and consulting services to the awarding authority shall not be eligible to participate in any way as a member
of the design build entities competing for the award of the design build contract.”

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5.9.1.4 MassDOT Contracts and Other Requirements
Subsection 2.08 of MassDOT’s standard terms and conditions for Consultant Contracts provides:

The Consultant is advised that its performance of work for MassDOT may, at any time,
raise questions about real or perceived conflicts of interest because of the Consultant's relationship
to other entities or individuals, including without limitation: (1) private and public owners of
properties that abut or may be affected by the Project, and/or (2) other state-created entities with
potentially conflicting interests and/or concerns.

Conflicts may also arise as a result of the Consultant's role at an earlier stage of a project.
If the Consultant's role at an earlier stage was significant, e.g., it included assistance in the
development of instructions to bidders, detailed cost estimates, project schedules, evaluation
criteria or other key documents and information that assisted MassDOT in determining the scope,
budget or schedule of the Project, or in choosing among design alternatives or design firms, the
Consultant may be precluded from participation in the Project at a later stage. All potential conflicts
must be disclosed to MassDOT and MassDOT will determine whether or not the Consultant may
be awarded a contract or assignment.

The Consultant agrees to certify from time to time, in a form approved by MassDOT, that
in connection with its work, it is in full compliance with the provisions of Chapter 268A of the
Massachusetts General Laws, and any other applicable conflict of interest laws.
5.9.1.5 Criteria for Determining Conflicts of Interest
The following rules are applicable to the Procurement with respect to conflicts of interest. In some
cases, entities may be subject to more than one of these rules:

a. Entities that are unable or potentially unable to provide impartial assistance to the MassDOT,
or whose objectivity in performing the contract is or might be otherwise impaired, due to other
activities, relationships, contracts, or circumstances.
b. Entities that have an unfair competitive advantage including through access to non-public
information which information cannot be made public or the unfair advantage otherwise cured.
c. Entities that performed a feasibility study, master plan or program for the Project are ineligible
to perform design development services unless MassDOT determines in its sole discretion that
sound reasons in the public interest otherwise dictate.
d. Entities that have developed or drafted specifications, requirements, statements of work, or
invitations for bids or requests for proposals or otherwise have helped establish the ground
rules for the Project.
e. Entities whose participation would create the appearance of a conflict of interest.
f. Entities precluded from participation under M.G.L. c. 268A.
g. Entities that are precluded from participation due to the terms of a prior procurement or
contract.

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5.9.1.6 Conflict of Interest Determination for Entities
MassDOT shall determine whether an organizational conflict of interest exists with respect to an
entity and whether the conflict would result in that entity being precluded from participation in the
Procurement or whether any conflict could be waived, avoided, neutralized, or mitigated. By applying these
rules, MassDOT will determine whether certain entities that have participated in the Project should be
precluded from participating in the Procurement.
5.9.1.7 Process for Determining Conflicts of Interest
Determinations shall proceed in accordance with instructions provided by MassDOT in this
Guidance and the solicitation documents.

Participants seeking a determination as to that Participant’s conflict of interest status are
encouraged to submit a Disclosure Form (the “Form”) attached as Attachment F at least 14 days prior to
the submission of Statement of Qualifications.

The Form shall be submitted by email to Narayana Murthy Kolla, P.E., at
narayana.kolla@dot.state.ma.us.

Participants must submit details of any conflict of interest issues as they currently or potentially exist. In
the event of a conflict of interest, Participants must provide MassDOT with recommendations to avoid,
neutralize or mitigate the conflict, in compliance with the FHWA and all other applicable requirements.
MassDOT shall review the Form and may request additional information to assist its review. MassDOT
at its discretion may conduct additional research or conduct meetings to gain supplemental information.
MassDOT will make the final determination as to whether a conflict of interest exists and whether the
Participant’s recommendations to avoid, neutralize, or mitigate it are sufficient.

In making any determination, MassDOT may consider all applicable circumstances and factors
such as whether any conflict of interest is of an indirect, remote or de minimis nature and whether there are
sufficient qualified and skilled entities available. MassDOT may also decide that there are sound reasons
in the public interest that would allow a conflict of interest to be waived or mitigated through, for example,
the implementation of suitable safeguards to mitigate any conflict of interest. These safeguards may include
without limitation, ethical walls and procedures for segregation of personnel and information.

Any Determination shall be made in MassDOT’s sole discretion.

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5.9.1.8 Conflict of Interest Determinations for Individuals
Massachusetts' Conflict of Interest Law, Chapter 268A § 1 (q), provides that in contracts for
engineering or environmental services, where an individual within the corporate structure is specifically
targeted to perform the services, the company is precluded from bidding on the design build phase of the
project because that individual has been deemed a state employee subject to all the provisions of the Conflict
of Interest Statute, G.L. c, 268A. The determination as to whether a conflict exists under M.G.L. c. 268A
for any individual is a matter to be addressed and decided upon by the Commonwealth’s State Ethics
Commission.

If MassDOT determines that a potential or actual organizational conflict of interest exists for a
Participant, an organizational conflict of interest shall also be considered to apply to any employee of such
entity who has participated in a material way in the performance of work giving rise to the determination.
If such individual leaves the entity’s employment, the potential or actual organizational conflict of interest
shall apply to such individual in the same manner as it applies to the entity. However, the individual’s new
employer will not be considered to have an organizational conflict of interest provided the new employer
adopts and implements safeguards and mitigation measures satisfactory to MassDOT in its sole discretion.

MassDOT may require Participants and/or individuals to certify from time to time, in a form
approved by MassDOT, that in connection with its work, it is in full compliance with the provisions of
Chapter 268A, and any other applicable conflict of interest laws.
5.9.1.9 Conflict of Interest During Project
MassDOT reserves the right to: a) require any Participant to take any action necessary to remove
any conflict of interest; or b) to terminate or amend any contract with the Participant if, in the reasonable
opinion of MassDOT, any such personal or business relationship would constitute, or have the potential to
create, a conflict of interest that cannot be remedied. Participants must disclose in writing any conflicts of
interest occurring during the period of performance for the Project and, upon request of MassDOT, supply
MassDOT with such information it determines to be necessary to determine whether a conflict of interest
exists. Participants shall consult with MassDOT to learn what action must be taken to resolve such conflicts
and comply with all applicable laws and policies.

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5.9.1.10 Failure to Comply with Guidance
If MassDOT determines, in its sole discretion, that a Participant has failed to comply with this
Guidance in any respect (including any failure to disclose an actual, perceived or potential conflict of
interest) or with the requirements of any conflict of interest determination, MassDOT may take appropriate
action which may include without limitation, preclusion of the Participant and any of its parents, affiliates,
subsidiaries, subcontractors or subconsultants; requiring the implementation of mitigation measures; or
cancellation or amendment of any contract under which the Participant is working on the Project and such
termination may be deemed to be a termination for default by the Participant. In the event of any such
termination MassDOT shall not be liable for the reimbursement of all or part of the costs incurred or alleged
to have been incurred by the Participant or any of its parents, affiliates, subsidiaries, subcontractors or
subconsultants. Additionally, MassDOT shall be entitled to recover any and all payments made to the
Participant subsequent to the date when the Participant became aware of or should have become aware of
the existence of the conflict of interest.

5.10 DESIGN COST STATEMENT
The two (2) lowest Best Value Proposers shall submit as a separate electronic file, a fully
completed, e-signed Design Cost Statement contained in Attachment A by the close of business on the third
business day after the Price Proposal opening. The Design Cost furnished by the Proposer is only for
MassDOT’s use in verifying and for tracking statewide Design Services
The total Design cost shall include all Design activities required by the RFP.
Failure to comply or to demonstrate good faith efforts to meet, the requirements for Design
Cost Statement may render a Proposal non-responsive.
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REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT A
TECHNICAL PROPOSAL FORMS


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Design-Build Proposal Letter of Transmittal Form


Firm Name:
Mailing Address:

Street Address (if different from mailing address):

Telephone Number: Fax Number:
Contact Person: Title:
Email: _______________




Failure to accurately and completely provide the information requested may result in the
disqualification of a respondent.
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Design - Build Proposal Letter of Transmittal Form Page 2
This form MUST be signed by an officer of the Proposer or an individual so authorized by an officer of
the Proposer who has personal knowledge regarding the information contained herein and submitted
with the Proposal.


The undersigned declares that he or she is authorized on behalf of the Proposer to (1) respond to
requests for additional information (2) negotiate and execute a contract with MassDOT for the
Project and (3) has provided appropriate evidence that the individual signing the Letter of
Transmittal and all other Proposal forms is authorized to sign the Proposal on behalf of Proposer
and the evidence that such person has the authority to bind the various participants making up the
Proposal, to all representation contained in the Proposal as well as to commit any additional
binding commitments related to the Proposal.
The undersigned declares that he or she carefully examined all the documents contained and
referenced in the Design-Build Request for Proposals (RFP) solicitation for the Design and
Construction of the Bridge Replacement, N-24-004=P-05-008 Route 3 (NB & SB) over North
River Design-Build in Norwell–Pembroke–Marshfield, Massachusetts; Proposal No. 607349-
CCCCC, and certifies to the best of his/her knowledge, that this Proposal fully complies with all
of the requirements of the RFP and all addenda and clarifications issued in regard to the RFP.
The undersigned further certifies that no person acting for, or employed by, the Commonwealth
of Massachusetts is directly or indirectly interested in this Proposal or any subsequent proposal,
or in any contract which may be made under it, or in expected profits to arise therefrom; that the
undersigned Proposer has not influenced or attempted to influence any person or corporation
other than a member of the Proposer to file a Proposal or subsequent proposal or to refrain from
doing so or to influence the terms of the Proposal or any subsequent proposal of any other person
or corporation; and that this submission is made in good faith without collusion or connection
with any other person or entity applying for the same work not identified as a member of the
Proposer.
The undersigned agrees that if the Proposal is accepted by MassDOT, it shall execute the
Contract and furnish a Performance Bond for the full amount of the Contract price.
The undersigned further certifies under pains and penalties of perjury that no member of the
Proposer is debarred from doing public construction work in the Commonwealth of
Massachusetts under the provisions of section twenty nine F of chapter twenty nine, or any other
applicable debarment provision of any other chapter of the General Laws or any rule or
regulation promulgated thereunder, and further is not debarred from doing public construction
work under any law, rule or regulation of the federal government.
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

Page 4 of 4
Design - Build Proposal Letter of Transmittal Form Page 3

The undersigned states that this Proposal shall remain valid for a period of eight (8) calendar
months from its submission date and thereafter until the prospective Proposer withdraws it or a
contract is executed or the procurement is terminated by MassDOT, whichever occurs first.
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY:

Signature:
(Signature of Authorized Representative)
Name:
Title:
Firm Name:
Date:





DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC
Page 1 of 4
NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement, N-24-004=P-05-008 Route 3 (NB & SB) over North River
Design-Build

STIPEND AGREEMENT
Contract No. CCCCC
Federal-Aid Project No. HIP(NGB)-003S(982)X
State Project No. 607349
Vendor No. __________________

BY THIS AGREMEENT, made and entered into this _____ day of ______________ the
COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TRANSPORTATION,
hereinafter called MassDOT, and the _____________________________ of
____________________, authorized to conduct business in the Commonwealth of
Massachusetts, hereinafter called Contractor, agree as follows:

1. SERVICES AND PERFORMANCE
a. In connection with MassDOT’s Request for Proposals (RFP) dated July 16, 2026,
for the Design and Construction of the Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River, Design-Build in Norwell–Pembroke–
Marshfield, Massachusetts; Proposal No. 607349-CCCCC, MassDOT does
hereby retain the Proposer to prepare a responsive technical proposal in
accordance with said RFP.
b. All information, designs and ideas, description of approaches to the Project, etc.,
performed by the Contractor pursuant to this Agreement shall be considered
works for hire and shall become the property of MassDOT without restriction or
limitation on their use. The Contractor shall not copyright any of the material
developed under this Agreement.
c. Reference herein to RFP shall mean the RFP identified in Section 1.a.
2. TERM
Unless otherwise provided herein, the provisions of this Agreement shall remain in full
force and effect until execution of the Design-Build Contract or a one (1) year term from
the date of the execution of this Agreement, whichever occurs last. Technical proposals
are due by the dates set forth in the RFP document referenced in Section 1.a.
3. COMPENSATION AND PAYMENT
a. If the Contractor is not awarded the Design-Build Contract by MassDOT,
MassDOT agrees to pay the Contractor a lump sum amount of two hundred ten
thousand dollars ($210,000.00) for a responsive technical and price proposal
(“Stipend”) in accordance with the terms and provisions set forth in this Stipend
Agreement.
b. If MassDOT executes the Design-Build Contract with the Contractor, the
Contractor will not be compensated for preparation of its technical and price
proposal through this Agreement.
c. In the event the Design-Build Contract is not awarded, all Proposers that have
submitted technical and price proposals by the deadline set forth in the RFP,
which MassDOT, in its sole discretion, has determined to be responsive to the
RFP, and that have submitted an executed Stipend Agreement enclosed within its
technical proposal by the deadline set forth in the RFP, shall receive the Stipend.
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC
Page 2 of 4
DESIGN-BUILD STIPEND AGREEMENT (Continued)

d. In the event a Design-Build Contract is awarded and executed, all Proposers,
except the Contractor that executed the Contract, that submitted technical and
price proposals by the deadline set forth in the RFP, which MassDOT, in its sole
discretion, determined to be responsive to the RFP, and that submitted an
executed Stipend Agreement enclosed within its technical proposal by the
deadline set forth in the RFP, shall receive the Stipend.
e. Payment shall be made within ninety (90) days of the execution of the contract or
the decision not to award a contract. Non-selected Contractors may elect not to
accept the Stipend to retain intellectual rights to proposed ideas submitted.
f. MassDOT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in
excess of the budget amounts available for expenditure during such fiscal year.
Any contract, verbal or written, made in violation of this subsection is null and
void, and no money shall be paid on such contract. MassDOT’s performance and
obligation to pay under this Contract may be contingent upon an annual
appropriation by the Legislature.
4. INDEMNITY
a. Contractor agrees that it will indemnify, defend, and hold MassDOT, its officers,
agents, and employees harmless from any claims, losses, causes of action,
damages, costs, charges, or expenses, including attorney’s fees incurred by
MassDOT, from any acts, actions, neglect, or omissions arising from the
performance of this Agreement by Contractor, its agents, employees, and
subcontractors.
b. MassDOT’s failure to notify Contractor of a claim shall not release Contractor’s
obligation to indemnify, defend, and pay for the defense, or at MassDOT’s option,
to participate and associate with MassDOT in defense of any claim.
c. The parties agree that 1% of the total compensation to the Contractor for
performance of this Agreement is the specific consideration from MassDOT to
the Contractor for the Proposer’s indemnity Agreement.
5. COMPLIANCE WITH LAWS
a. The Contractor shall allow public access to all documents, papers, letters, or other
material subject to the provisions of M.G.L. c. 66 and 950 CMR.
b. The Contractor shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or disability in the
performance of work under this Agreement.
c. Contractor covenants and agrees that it and its employees will be bound by the
standards of conduct provided in applicable Massachusetts General Laws and
applicable rules of the Division of Professional Licensure or applicable licensing
board as they relate to work performed under this Agreement.
d. MassDOT will consider employment of unauthorized aliens by any contractor to
be a violation of Section 274(e) of the Immigration and Nationality Act. If the
Contractor knowingly employees unauthorized aliens, such violation will be cause
for unilateral cancellation of this Agreement.
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC
Page 3 of 4
DESIGN-BUILD STIPEND AGREEMENT (Continued)

6. EARLY TERMINATION
a. This Agreement may be terminated by MassDOT in whole or in part at any time
if the interest of MassDOT necessitates such termination.
b. If MassDOT withdraws the RFP referenced in Section 1.a, this Agreement shall
be considered terminated effective the date of the withdrawal.
c. If this Agreement is terminated prior to the opening of the price proposals as set
forth in the RFP identified in Section 1.a, no payment will be made to the
Contractor.
d. If this Agreement is terminated after the opening of price proposals as set forth in
the RFP and prior to execution of a Design-Build Contract, the Contractor shall be
entitled to the compensation set forth in Section 3.a, provided the Contractor
submitted to MassDOT a responsive proposal.
7. ASSIGNMENT
The Contractor shall not assign or transfer any rights under this Agreement without the
written consent of MassDOT.
8. MISCELLANEOUS
a. The Contractor and MassDOT agree that the Contractor, its employees, and
subcontractors are not agents of MassDOT as a result of this Agreement.
b. All words used herein in the singular form shall extend to and include the plural.
All words used in the plural form shall extend and include the singular. All words
used in any gender shall extend to and include all genders.
c. This Agreement embodies the whole agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein, and
this Agreement shall supersede all previous communications, representations, or
agreements, either verbal or written, between the parties hereto.
d. It is understood and agreed by the parties hereto that if any part, term or provision
of this Agreement is by the courts held to be illegal or in conflict with any laws of
the Commonwealth of Massachusetts, the validity of the remaining portions or
provisions shall not be affected, and the rights and obligations of the parties shall
be construed and enforced as if the Agreement did not contain the particular part,
term or provisions held to be invalid.
e. This Agreement shall be governed by and construed in accordance with the laws
of the Commonwealth of Massachusetts.
f. In any legal action related to this Agreement, instituted by either party, Contractor
hereby waives any and all privileges and rights it may have under Massachusetts
General Laws relating to venue, as they now exist or may hereafter be amended,
and any such privileges and rights it may have under any other statute, rule, or
case law, including, but not limited to those grounded on convenience. Any such
legal action may be brought in the appropriate Court in any county chosen by
MassDOT, and in the event that Contractor files any such legal action, Contractor
hereby consents to the transfer of venue of the county chosen by MassDOT upon
MassDOT filing a motion requesting the same.
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC
Page 4 of 4
DESIGN-BUILD STIPEND AGREEMENT (Continued)

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.

NAME OF PROPOSER MASSACHUSETTS
DEPARTMENT OF TRANSPORTATION

By: ___________________________ By: ______________________________________


(Print/Type Name) (Print/Type Name)

Title: _________________________ Title: _____________________________________

______________________________________________________________________________
FOR MASSDOT USE ONLY

APPROVED: LEGAL REVIEW:

_____________________________ ____________________________________
Contracts Unit Office of the General Counsel
DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

1
NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement, N-24-004=P-05-008 Route 3 (NB & SB) over North River
Design-Build

Design-Build Procurement

DESIGN COST STATEMENT
This total design cost is to be provided by the Proposer for information only. The cost of
Preliminary Design, Final Design and Permits/ Amendments/Environmental Approvals should
be included in each Payment Item according to the Instructions to Proposers (ITP) Attachment B
Document B00420 – Price Proposal Form.

The two (2) lowest Best Value Proposers shall submit a fully completed, signed Design Cost
Statement by the close of business on the third business day after the Price Proposal opening.


Design Cost: __________________________
Lump Sum

________________________________ ____________________________________
Proposer Signature


________________________________ ____________________________________
Date Title

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Proposal No. 607349-CCCCC

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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC


REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT B
DOCUMENT B00420
PRICE PROPOSAL FORM



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Proposal No. 607349-CCCCCC























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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC
DOCUMENT B00420
PROPOSAL
MARSHFIELD - NORWELL - PEMBROKE
For: Bridge Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River
COMMONWEALTH OF MASSACHUSETTS
LOCATION
The work referred to herein is in the Towns of Marshfield, Norwell, and Pembroke, in Plymouth County, in the
Commonwealth of Massachusetts, and is shown by the locus map (Document 00331) provided in RFP Volume II,
Appendix D, the work locations extend as follows:
Bridge No. N-24-004 = P-05-008
Beginning – Station 303+50.00 ±
Bridge No. N-24-004 = P-05-008
Ending – Station 357+00.00 ±
The contract prices shall include the furnishing of all materials (except as otherwise herein specified), the
performing of all the labor requisite or proper, the providing of all necessary machinery, tools, apparatus and other
means of construction, the doing of all the abovementioned work in the manner set forth, described and shown in the
specifications and on the drawings for the work, and in the form of contract, and the completion thereof within
1550 CALENDAR DAYS upon receipt of a Notice to Proceed.
The Work of this Project is described by the following Items and quantities.
B00420-1
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B00420-2
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Project # 607349 Contract #
Location : MARSHFIELD - NORWELL - PEMBROKE
Description : NORWELL- PEMBROKE- MARSHFIELD- BRIDGE REPLACEMENT, N-24-004=P-05-008, ROUTE 3 (NB & SB)
OVER NORTH RIVER
ITEM # QUANTITY ITEM WITH UNIT BID PRICE
WRITTEN IN WORDS
UNIT PRICE AMOUNT
100.3 1 HIGHWAY WORK
AT _________________________
LUMP SUM
115.1 1 DEMOLITION OF BRIDGE NO. N-24-004=P-05-008
AT _________________________
LUMP SUM
127.1 204 REINFORCED CONCRETE EXCAVATION
AT _________________________
PER CUBIC YARD
180.01 1 ENVIRONMENTAL HEALTH AND SAFETY PROGRAM
AT _________________________
LUMP SUM
180.02 120 PERSONAL PROTECTION LEVEL C UPGRADE
AT _________________________
PER HOUR
180.03 120 LICENSED SITE PROFESSIONAL SERVICES
AT _________________________
PER HOUR
181.11 18,100 DISPOSAL OF UNREGULATED SOIL
AT _________________________
PER TON
181.12 3,650 DISPOSAL OF REGULATED SOIL - IN-STATE FACILITY
AT _________________________
PER TON
181.13 2,450 DISPOSAL OF REGULATED SOIL - OUT-OF-STATE FACILITY
AT _________________________
PER TON
CMS104 - Report Run Date: 6/4/2026 11:20 AM Page 2
Proposal No. 607349-CCCCCC
B00420-3
DRAFT
Project # 607349 Contract #
Location : MARSHFIELD - NORWELL - PEMBROKE
Description : NORWELL- PEMBROKE- MARSHFIELD- BRIDGE REPLACEMENT, N-24-004=P-05-008, ROUTE 3 (NB & SB)
OVER NORTH RIVER
ITEM # QUANTITY ITEM WITH UNIT BID PRICE
WRITTEN IN WORDS
UNIT PRICE AMOUNT
181.14 45 DISPOSAL OF HAZARDOUS WASTE
AT _________________________
PER TON
200.1 1 DRAINAGE
AT _________________________
LUMP SUM
227.3 80 REMOVAL OF DRAINAGE STRUCTURE SEDIMENT
AT _________________________
PER CUBIC YARD
227.31 3,620 REMOVAL OF DRAINAGE PIPE SEDIMENT
AT _________________________
PER FOOT
400.1 1 PAVEMENT & ROADWAY ELEMENTS
AT _________________________
LUMP SUM
451. 50 HMA FOR PATCHING
AT _________________________
PER TON
600.1 1 BARRIER, GUARDRAIL & FENCING
AT _________________________
LUMP SUM
722.1 1 SCHEDULE OF OPERATIONS (TYPE A) - FIXED PRICE $
$300,000
AT Three Hundred Thousand Dollars
LUMP SUM
$300,000.00 $300,000.00
740.3 42 ENGINEER'S FIELD OFFICE AND EQUIPMENT
AT _________________________
PER MONTH
CMS104 - Report Run Date: 6/4/2026 11:20 AM Page 3
Proposal No. 607349-CCCCCC
B00420-4
DRAFT
Project # 607349 Contract #
Location : MARSHFIELD - NORWELL - PEMBROKE
Description : NORWELL- PEMBROKE- MARSHFIELD- BRIDGE REPLACEMENT, N-24-004=P-05-008, ROUTE 3 (NB & SB)
OVER NORTH RIVER
ITEM # QUANTITY ITEM WITH UNIT BID PRICE
WRITTEN IN WORDS
UNIT PRICE AMOUNT
748. 1 MOBILIZATION
AT _________________________
LUMP SUM
750.1 1 INVASIVE PLANT MANAGEMENT, ENVIRONMENTAL &
LANDSCAPING
AT _________________________
LUMP SUM
851.01 1 TEMPORARY TRAFFIC CONTROL
AT _________________________
LUMP SUM
851.11 60 TRAFFIC MANAGEMENT AND MOBILIZATION FOR REPAIRS
AT _________________________
PER DAY
900.9 1 PUNCHLIST / AS BUILT REQUIREMENTS - FIXED PRICE
$100,000
AT One Hundred Thousand Dollars
LUMP SUM
$100,000.00 $100,000.00
909.5 50 RAPID SETTING CONCRETE FOR REPAIRS
AT _________________________
PER CUBIC YARD
995.01 1 BRIDGE STRUCTURE, BRIDGE NO. N-24-004=P-05-008
AT _________________________
LUMP SUM
Total Qty: 28,603
CMS104 - Report Run Date: 6/4/2026 11:20 AM Page 4
Proposal No. 607349-CCCCCC
B00420-5
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B00420-6
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Proposal No. 607349-CCCCC


REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT D
ESCROW FORMS


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Page 1

ESCROW AGREEMENT

This ESCROW AGREEMENT (this “Agreement”) is dated the ___ day of _____________,
20___, by and among the Massachusetts Department of Transportation (“MassDOT”);
________________________ (“PROPOSER”); and _________________ as Escrow Agent
(“ESCROW AGENT”).



RECITALS

WHEREAS, MassDOT is a public body politic and corporate and political subdivision of the
Commonwealth of Massachusetts created by Chapter 6C of the Massachusetts General Laws, as
amended, which is presently engaged in a competitive bidding process governed by law to award a
construction project to either the best value (Design Build) or the lowest responsible and eligible (Design,
Bid, Build) Proposer for a construction project entitled Bridge Replacement, N-24-004 = P-05-008, Route
3 (NB & SB) over North River (the “Project”); and
WHEREAS, Proposer has submitted a Price Proposal on the Project; and
WHEREAS, pursuant to RFP Volume I Instructions to Proposers Section 2.6.3, requires the
Proposer to submit, within five (5) business days following the Price Proposal Opening, one copy of all
documentary information generated in preparation of proposal prices for the Project, which information is
hereinafter referred to as the “Escrow Proposal Documents,” to ESCROW AGENT together with
certifications in the Exhibits attached to the RFP Volume I Instructions to Proposers; and
WHEREAS, ESCROW AGENT, for consideration paid, is willing to assume the obligations of
ESCROW AGENT as agreed herein;
NOW, THEREFORE, for consideration mutually acknowledged, MassDOT,
Proposer and ESCROW AGENT hereby agree as follows:
1. Escrow of Proposal Documents. Proposer shall comply with the provisions of RFP Volume I
Instructions to Proposers Section 2.6.3 by delivering a complete copy of the Escrow Proposal
Documents to ESCROW AGENT in a sealed container acceptable to the Escrow Agent within the
required time limit, and otherwise complying with RFP Volume I Instructions to Proposers
Section 2.6.3, together with the required Escrow Proposal Documentation Assembly Certification
(Exhibit 1 of the RFP Volume I Instructions to Proposers). Proposer will receive from ESCROW
AGENT an Escrow Proposal Documentation Delivery Certification (Exhibit 2 of the RFP
Volume I Instructions to Proposers) at the time Proposer delivers the Escrow Proposal
Documents to ESCROW AGENT. Proposer will email the ESCROW AGENT’s Escrow
Proposal Documentation Delivery Certification and a copy of Proposer’s Escrow Proposal
Documentation Assembly Certification to MassDOT within the required time limit.
2. Protection of Escrow Proposal Documents. MassDOT shall comply with the provisions of RFP
Volume I Instructions to Proposers Section 2.6.3 regarding receipt, storage, and use of the Escrow
Proposal Documents and will safeguard the Escrow Proposal Documents and all information
contained therein against disclosure to the fullest extent permitted by law.
3. Holding of Escrow Proposal Documents by ESCROW AGENT. ESCROW AGENT is hereby
expressly authorized and agrees to receive, store, safeguard, release, and return the Escrow
Proposal Documents during the duration of the Project as set forth in this Agreement.
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Proposal No. 607349-CCCCCC

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4. Return/Release of Proposal Documents. ESCROW AGENT is expressly authorized to release the
Escrow Proposal Documents only under the following circumstances:
a) If MassDOT informs ESCROW AGENT in writing that Proposer and MassDOT have not
executed a Contract for the Project; or
b) If MassDOT and Proposer inform ESCROW AGENT in writing that they or their designees
wish to examine the documents; or if MassDOT informs ESCROW AGENT that Proposer
has unreasonably refused to attend a joint examination of the documents pursuant to
Paragraph G of the RFP Volume I Instructions to Proposers Section 2.6.3 or
c) If MassDOT and Proposer inform Escrow Agent that all of the following have occurred: all
disputes regarding the Project work have been settled, the Project work has been completed,
and Final Payment has been made and accepted.
5. ESCROW AGENT’s Obligations and Protection. MassDOT and Proposer further acknowledge
and agree as follows:
a) That ESCROW AGENT (i) shall not be responsible for any of the agreements referred to
herein but shall be obligated only for the performance of such duties as are specifically set
forth in this Escrow Agreement; (ii) shall not be obligated to take any legal or other action
hereunder which might in its judgment involve any expense or liability unless it shall have
been furnished with acceptable indemnification; (iii) may rely on and shall be protected in
acting or refraining from acting upon any written notice, instruction, instrument, statement,
request or document furnished to it hereunder and believed by it to be genuine and to have
been signed or presented by the proper person, and shall have no responsibility for
determining the authenticity or accuracy thereof; and (iv) may consult counsel satisfactory to
it, including counsel internal to ESCROW AGENT, and the opinion of such counsel shall be
full and complete authorization and protection in respect of any action taken, suffered or
omitted by it hereunder in good faith and in accordance with the opinion of such counsel.
b) That neither ESCROW AGENT nor any of its partners, officers, or employees shall be liable
to anyone for any action taken or omitted to be taken by it or any of its partners, officers, or
employees hereunder except in the case of gross negligence or willful misconduct. Proposer,
covenants and agrees to indemnify ESCROW AGENT and hold it harmless without
limitation from any loss, liability, or expense of any nature incurred by ESCROW AGENT
arising out of or in connection with this Agreement or with the administration of its duties
hereunder, including but not limited to legal fees and other costs and expenses of defending
or preparing to defend against any claim or liability unless such loss, liability, or expense
shall be caused by ESCROW AGENT’s willful misconduct or gross negligence. In no event
shall ESCROW AGENT be liable for indirect, special, or consequential damages.
Notwithstanding any provision of this Agreement to the contrary, ESCROW AGENT’S
liability shall be limited to the value of its compensation hereunder.
c) That MassDOT shall pay or reimburse ESCROW AGENT through a Designated Party for
any legal fees incurred by ESCROW AGENT in connection with the preparation of this
Agreement and in addition compensate ESCROW AGENT for its services hereunder.
ESCROW AGENT shall be entitled to reimbursement on demand for all expenses incurred in
connection with the administration of the escrow created hereby which are in excess of its
compensation for normal services hereunder, including without limitation, payment of any
legal fees incurred by ESCROW AGENT in connection with resolution of any claim by any
party hereunder.
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Proposal No. 607349-CCCCCC

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d) That ESCROW AGENT may at any time for any reason or for no reason resign as ESCROW
AGENT hereunder by giving thirty (30) days prior written notice of resignation to MassDOT
and Proposer. Prior to the effective date of the resignation as specified in such notice,
Proposer will issue to ESCROW AGENT a written instruction authorizing redelivery of the
Escrow Proposal Documents to another escrow agent that Proposer selects subject to the
reasonable consent of MassDOT. Should this instance occur, MassDOT and the Proposer
will work to collectively find a suitable replacement escrow agent within seven (7) business
days of said notice. If no successor escrow agent is named by MassDOT or Proposer within
said thirty (30) day period, ESCROW AGENT may: 1) turn over the documents to another
qualified Escrow Agent and give Proposer and MassDOT, the contact information of the new
ESCROW AGENT along with proof of delivery and proof of receipt of the Escrow Proposal
Documents; or 2) apply to a court of competent jurisdiction for appointment of a successor
escrow agent.
e) If the Escrow Agent is a lawyer or law firm, ESCROW AGENT’s service as escrow agent
under this Agreement shall not be construed as constituting legal representation of either
MassDOT or Proposer and both MassDOT and Proposer expressly acknowledge, with
reference to the rules of professional conduct governing lawyers that ESCROW AGENT’s
service hereunder is not intended to prevent either MassDOT or Proposer from retaining
ESCROW AGENT as its counsel in any matter, nor shall it be asserted by MassDOT or
Proposer as grounds for disqualifying ESCROW AGENT from representing any client in a
matter in which MassDOT’s and/or Proposer ’s interests are directly adverse to or otherwise
different from those of ESCROW AGENT’s client. ESCROW AGENT will not knowingly
disclose to any such client directly adverse to MassDOT and/or Proposer any confidential
information about MassDOT and/or Proposer which ESCROW AGENT has acquired or will
acquire pursuant to its services provided in accordance with this Agreement.
f) That it is the intent of Proposer and MassDOT that the Escrow Proposal Documents remain
the sole property of Proposer.
6. Dispute Resolution. It is understood and agreed that should any dispute arise with respect to the
delivery, ownership, right of possession, access to and/or disposition of the Escrow Proposal
Documents, or should any such claim be made upon such documents by a third party, ESCROW
AGENT upon receipt of written notice of such dispute or claim by the parties hereto or by a third
party, is authorized and directed to retain in its possession without liability to anyone, all or any
of said Escrow Proposal Documents until such dispute shall have been settled either by the
mutual agreement of the parties involved or by a final order, decree, or judgment of a court of the
United States of America, the time for perfection or any appeal of such order, decree, or judgment
having expired. At any time after the ESCROW AGENT becomes aware of a dispute or claim or
at any time after one year after the project completion date in the Project, ESCROW AGENT
may, but shall be under no duty whatsoever to, after thirty (30) days prior written notice to
MassDOT and Proposer, institute or defend any legal proceedings related to the Escrow Proposal
Documents, including without limitation, commencement of an action in the nature of an
interpleader in a court of competent jurisdiction, after depositing the Escrow Proposal Documents
therewith, for a determination of the respective rights of MassDOT and Proposer, and, in such
case, recover from Proposer, ESCROW AGENT’s costs and expenses including reasonable
attorneys’ fees.
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Proposal No. 607349-CCCCCC

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7. Consent to Jurisdiction and Service. MassDOT and Proposer hereby absolutely and irrevocably
consent and submit to the jurisdiction of the courts of the Commonwealth of Massachusetts and
of any Federal court located in said Commonwealth in connection with any actions or
proceedings brought against MassDOT and Proposer brought by ESCROW AGENT arising out
of or relating to this Escrow Agreement. In any such action or proceeding, MassDOT and
Proposer hereby absolutely and irrevocably agree that the service thereof may be made by
certified or registered mail directed to MassDOT or Proposer, as the case may be, at their
respective addresses in accordance with Section 9 hereof.
8. Force Majeure. Neither MassDOT nor Proposer nor ESCROW AGENT shall be responsible for
delays or failure in performance resulting from acts beyond its control. Such acts shall include but
not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental
regulations imposed after the fact, fire, communication line failures, power failures, earthquakes
or other disasters.
9. Notices. Any notice permitted or required hereunder shall be deemed to have been duly given if:
delivered personally, or if mailed certified or registered mail, postage prepaid, to the parties at
their addresses set forth below or to such other address as they hereafter designate. Additional
copies may be provided to and among the parties by fax or e-mail.


If to Proposer:

_________________________________
_________________________________
_________________________________
Attention: ________________________



If to MassDOT:

Massachusetts Department of Transportation
Office of General Counsel
10 Park Plaza, Suite 3510, Boston, MA 02116

Project Name: Bridge Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River
Proposal No.: 607349 - CCCCCC



If to ESCROW AGENT:

_________________________________
_________________________________
_________________________________
Attention: ________________________

DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC

Page 5

10. Binding Effect. This Agreement shall be binding upon the respective parties hereto and their
heirs, executors, successors, and assigns.
11. Modification/Termination. This Agreement may not be altered, modified, or terminated without
the express written consent of the parties hereto. No course of conduct shall constitute a waiver of
any of the terms and conditions of this Agreement, unless such waiver is specified in writing, and
then only to the extent so specified. A waiver of any terms and conditions of this Agreement on
one occasion shall not constitute a waiver of the other terms of this Agreement, or of such terms
and conditions or any other occasion.
12. Governing Law. This Agreement shall be governed by and construed under the laws of the
Commonwealth of Massachusetts.
13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of such counterparts shall together constitute but one and the same
instrument.


IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this
Agreement as of the date and year first set forth above.




BY:
Proposer (Date)




BY:
Escrow Agent (Date)




BY:
Jonathan L. Gulliver, Administrator, Mass Dept of Transportation – Highway Division (Date)



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Proposal No. 607349-CCCCCC

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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC

Page 1
Bridge Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River
Design-Build
EXHIBIT 1

ESCROW PROPOSAL DOCUMENTATION ASSEMBLY CERTIFICATION
(to be prepared by Proposer)

THE UNDERSIGNED HEREBY CERTIFIES AND AGREES THAT THE ESCROW
PROPOSAL DOCUMENTATION CONTAINED HEREIN CONSTITUTES ALL OF THE
INFORMATION USED IN PREPARATION OF THE PRICE PROPOSAL; THAT NO OTHER
ESCROW PROPOSAL PREPARATION INFORMATION SHALL BE CONSIDERED IN
RESOLVING DISPUTES OR CLAIMS; AND THAT I HAVE PERSONALLY EXAMINED
THESE CONTENTS AND HAVE FOUND THAT THIS ESCROW PROPOSAL
DOCUMENTATION IS COMPLETE AND MEETS THE REQUIREMENTS OF THIS
PROVISION, AN INDEX LISTING EACH ESCROW PROPOSAL DOCUMENT HAS BEEN
SUBMITTED BY AUTHOR, DATE, NATURE, AND SUBJECT MATTER. IF A CD OR
CD’S HAVE BEEN PROVIDED ONE PRINTED COPY OF THE INFORMATION ON THE
CD OR CD’S HAS ALSO BEEN PROVIDED.

_____________________________________________________________________________


SIGNATURE: _________________________________________________________________


NAME: _______________________________________________________________________


TITLE: ______________________________________________________________________


PROPOSAL NO. ______________________________________________________________


DATE: _______________________________________________________________________


Distribution for this document only:

Proposer to Agent
Proposer to MassDOT Highway Division,
ATTN: Director of Construction Contracts and Prequalification – email
BVDB also to submit original.
Proposer to MassDOT Legal – copy
Proposer – copy

Date and Time Stamp:






607349-CCCCCC DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC

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DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC

Page 1

EXHIBIT 2

ESCROW PROPOSAL DOCUMENTATION DELIVERY CERTIFICATION
(to be prepared by Agent)
I, ________________________________ [name] ___________________________ [title] of
__________________________ [Agent] hereby certify that ____________________
_____________________________ [Proposer] as represented by
___________________________________ [Proposer’s Representative] has delivered for
storage, a sealed envelope or container which Design-Builder represents to be all documentation
used in the preparation of Proposer’s Price Proposal in connection with MassDOT Proposal No.
607349-CCCCCC for the design and construction of the Bridge Replacement,
N-24-004 = P-05-008, Route 3 (NB & SB) over North River in Norwell – Pembroke –
Marshfield, Massachusetts otherwise known as the “Escrow Proposal Documents,” in
accordance with the referenced Contract, on this _____ day of __________________, 20____.


By: ______________________________________

Name: ____________________________________

Title: _____________________________________




Distribution for this document only:

Proposer to MassDOT, Highway Division,
ATTN: Director of Construction Contracts and Prequalification – email
BVDB also to submit original.
Proposer to MassDOT Legal – copy
Proposer – copy

Date and Time Stamp:

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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC

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DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC


REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT E
ATC RULES ACKNOWLEDGEMENT


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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC























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DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

Page 1 of 2
ATTACHMENT E
ATC RULES ACKNOWLEDGEMENT


Proposer Team______________________________________________________________________


I further hereby certify that I fully understand all of the activities relating to the ATC process as detailed
in RFP Volume I, Section 2.4 and will abide by such rules.

_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date
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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

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DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC


REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT F
MASSDOT DISCLOSURE FORM ORGANIZATIONAL
CONFLICTS OF INTEREST

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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCCC























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DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

1
ATTACHMENT F


EXHIBIT A

MassDOT Disclosure Form Organizational Conflicts of Interest

This Form will be used by MassDOT to assist in the Determination as to whether an organizational
conflict of interest exists with respect to an entity and whether the conflict would result in that
entity being precluded from being a Participant in the Contractor Procurement or whether any
conflict could be waived, avoided, neutralized, or mitigated. Capitalized terms shall have the same
meaning as set forth in MassDOT’s Organizational Conflict of Interest Guidance, Bridge
Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River Design-Build, (“the
Project”). This Form may be supplemented with additional materials as necessary to fully and
completely respond to the issues that are presented. The Form may be copied and reproduced as
necessary. All information submitted to MassDOT is submitted under penalty of perjury and will
be considered a public record unless it is specifically exempted from disclosure under Federal or
state law.

1. Name of entity:

2. Proposed role on the Project:






3. Prior experience on the Project including feasibility study, master plan, program or any
development or preliminary design (be as specific as possible):
If so, are there reasons in the public interest that the entity should not be precluded from
further participation on the Project? Explain.






4. Does the entity or did the entity have a contract with MassDOT for the Project? If yes,
please identify the contract.









DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

2
5. Is the entity or was the entity a subcontractor or subconsultant to an organization that has
or had a contract with MassDOT for the Project? Identify the organization(s) and the
MassDOT contract(s).







6. Is there any reason that the entity is or might be unable, or potentially unable, to provide
impartial and objective assistance or advice to MassDOT due to other activities, interests,
relationships, contracts, or circumstances? Explain.







7. To the best of the entity’s knowledge, after diligent inquiry, are any of its directors, officers,
owners, or employees unable, or potentially unable, to provide impartial and objective
assistance or advice to MassDOT due to other activities, interests, relationships, contracts,
or circumstances? Explain.







8. Is the entity aware of any information in its possession related to the Project as a result of
previous involvement in the Project that is not generally available to the public? Explain.













DRAFT
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Proposal No. 607349-CCCCC

3

9. Has the entity established or been involved in the establishment of the ground rules for the
Design-Build procurement for the Project by developing specifications, requirements,
statements of work, invitations for bids, requests for proposals, evaluation factors, or
similar documents? Explain.







10. If the answers to any of the previous four (4) questions is yes, does the entity have a
recommendation on how an organizational conflict of interest or potential organizational
conflict of interest involving the entity can be avoided, neutralized, or mitigated? Explain.







11. For the purposes of compliance with Mass. Gen. L. c. 149A, s. 18, has the entity been
retained as a “design professional” to provide technical assistance and consulting services
on the Project? Explain.







12. Is the entity or any employee of the entity a “state employee” pursuant to the definition
provided in section 1(q) of Mass. Gen. L. c. 268A?
To the extent that the entity or any employees of the entity are or may be considered “state
employees” for the purposes of Mass. Gen. L. c. 268A, the State Ethics Commission should
be consulted to determine how their involvement on the Project may present a conflict of
interest. To the extent that the entity and the individual are willing to share any information
from the State Ethics Commission, please voluntarily provide that as an attachment to this
Form. It is not a requirement.











DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

4
13. Has any employee of the entity worked on the Project for an entity that has been determined
to have a conflict of interest? Did that employee participate in a material way in the
performance of the work giving rise to that determination? Explain.







14. A “parent” as used herein is an organization that controls the entity through, for example,
the ownership of stock or the exercise of management control. Has any parent of the entity
been involved in the Project? If yes, identify the parent(s).







15. If the answer to the preceding question is “yes”, please supplement the entity’s response
by explaining the parent’s role in the Project and informing MassDOT whether the entity’s
answer to any question should be modified as a result of that role.








16. An “affiliate” as used herein is an organization that is officially connected to or attached to
the entity. Has any affiliate of the entity been involved in the Project? If yes, identify the
affiliate(s).












DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

5
17. If the answer to the preceding question is “yes”, please supplement the entity’s response
by explaining the affiliate’s role in the Project and informing MassDOT whether the
entity’s answer to any question should be modified as a result of that role.







18. A “subsidiary” as used herein is an organization that is controlled by the entity through, for
example, the ownership or stock or the exercise of management control. Has any
subsidiary of the entity been involved in the Project? If yes, identify the subsidiary(ies).







19. If the answer to the preceding question is “yes”, please supplement the entity’s response
by explaining the subsidiary’s role in the Project and informing MassDOT whether the
entity’s answer to any question should be modified as a result of that role.







20. Please provide any information regarding whether any organizational conflict of interest
or potential organizational conflict of interest involving the entity is of an indirect, remote
or “de minimus” nature and/or whether there are sound reasons in the public interest that
would allow a conflict of interest to be waived or mitigated.












DRAFT
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-CCCCC

6





The entity certifies that it has conducted a diligent inquiry and search to ascertain the full extent
of its knowledge with respect to its involvement with the Project and that all of the answers
provided in this Form are made truthfully to the best of the entity’s knowledge and belief and that
no interest exists that is required to be disclosed on this Form, other than as described above. The
entity further certifies that should it obtain knowledge: (a) that is inconsistent with the answers
provided in this Form; or (b) of any set of facts potentially giving rise to a conflict of interest under
Federal or state law or MassDOT policy, it will disclose such facts to MassDOT as soon as
reasonably possible.

The undersigned certifies that the undersigned is authorized to answer these questions on behalf
of the entity and to bind the entity (please attach evidence of authority).


Signed under the penalties of perjury on this ________ of ____________, 20____.


ENTITY NAME

NAME
duly authorized


Email address:



DRAFT
607349 RFP Volume I 06-04-2026
Chapter 1: Introduction
1.1 PROJECT OVERVIEW
1.2 SELECTION PROCESS
1.3 SCHEDULE OF EVENTS
1.4 CONTACT INFORMATION
1.5 MANDATORY PRE-PROPOSAL MEETING
1.5.1 UTILITY PRE-PROPOSAL MEETING
1.6 SUBMISSION OF QUESTIONS
1.6.1 SUBMISSION OF QUESTIONS RELATED TO UtilitieS
1.7 PAYOUT SCHEDULE
1.8 TERMS AND Definitions
1.9 REFERENCE DOCUMENTS AND STANDARDS
1.9.1 Reference Documents
1.9.2 AASHTO and MassDOT Standards
1.9.3 Federal Highway Administration Standards
Chapter 2: Procurement Process
2.1 RECEIPT OF RFP DOCUMENTS AND OTHER NOTICES
2.1.1 DRAFT RFP DOCUMENTS:
2.1.2 CONFIDENTIAL DRAFT RFP MEETING GUIDELINES
2.1.3 CONFIDENTIAL DRAFT RFP MEETING ATTENDEES
2.2 Examination and Interpretation of RFP DocumENts
2.3 ADDENDA AND CLARIFICATION NOTICES
2.4 TECHNICAL CONCEPT PROPOSAL(s)
2.4.1 Base Technical Concept (BTC) Proposal
2.4.2 Alternative Technical Concepts (ATCs)
2.4.2.1 ATC INFORMATIONAL MEETINGS
2.4.2.1.1 ATC MEETING ONE
2.4.2.1.2 ATC MEETING TWO
2.4.2.1.3 MEETING GUIDELINES
2.4.2.1.4 ATC INFORMATIONAL MEETING ATTENDEES
2.4.2.2 INITIAL SUBMISSION OF ATCs
2.4.2.3 INITIAL DETERMINATION BY MASSDOT
2.4.2.4 FINAL SUBMISSION OF ATCs
2.4.3 FINAL DETERMINATION BY MASSDOT
2.4.4 Incorporation OF ATCs into Technical Proposal and Contract
2.4.5 ATC Confidentiality
2.5 PRICE PROPOSALS
2.6 SUBMISSION AND WITHDRAWAL OF PROPOSALS
2.6.1 Submission of Proposals
2.6.2 Withdrawal of Proposals
2.6.3 Escrow Proposal Documents (EPD) AND ASSOCIATED DOCUMENTS
2.7 EVALUATION OF PROPOSALS
2.8 PROTESTS
2.8.1 Protests Regarding RFP Documents
2.8.2 Protests Regarding Responsiveness Determination, Oral Presentations or Award
2.9 PUBLIC RECORDS DISCLOSURE
2.10 EX PARTE COMMUNICATION
2.11 MASSDOT’S RIGHTS
Chapter 3: Submission Requirements
3.1 GENERAL FORMAT
3.2 PROPOSAL SUBMISSION, DEADLINE, AND LOCATION INSTRUCTIONS
3.3 TECHNICAL PROPOSAL
3.3.1 Technical Proposal Format
3.3.2 Technical Proposal Organization
3.3.2.1 Letter of Transmittal/Submittal Forms
3.3.2.2 Executive Summary
3.3.2.3 Section 1: Project Management and Coordination
3.3.2.3.1 PROJECT MANAGEMENT AND PERSONNEL EXPERIENCE
3.3.2.3.2 Quality Control (QC) System
3.3.2.3.3 Design and Design Management
3.3.2.3.4 Construction and Construction Management
3.3.2.3.5 Schedule and Cost Control
CPM Project Schedule
3.3.2.4 Section 2: Technical Approach
3.3.2.4.1 Civil/Traffic
3.3.2.4.2 Environmental
3.3.2.4.3 Structures and Geotechnical
3.3.2.4.4 Construction Staging
3.3.2.5 Appendix: Project Manager and Key Personnel Resumes/Technical Supportive Information
3.4 Price PROPOSAL
3.4.1 Bid Bond
3.4.2 Payout Schedule
3.5 RFP AMENDMENT
3.6 PROPERTY OF MASSDOT
3.7 CONFIDENTIALITY OF technical PROPOSALS
3.8 PUBLIC DISCLOSURE
3.9 NON-COMMITMENT
3.10 Stipend
Chapter 4: Selection Process and Evaluation Criteria
4.1 INITIAL EVALUATION/EVALUATION OVERVIEW
4.2 ORAL PRESENTATIONS
4.3 PROPOSAL CLARIFICATIONS
4.4 QUALITATIVE RATINGS
4.5 SELECTION CRITERIA
4.5.1 Pass/Fail Evaluation Criteria
4.5.2 Technical Proposal Evaluation Criteria (100% of Technical Proposal)
4.5.2.1 DB Project Management and Coordination (35% of Technical Criteria)
4.5.2.1.1 Project Management and Personnel Experience (5%)
4.5.2.1.2 Quality Control System (10%)
4.5.2.1.3 Design Management (5%)
4.5.2.1.4 Construction Management (5%)
4.5.2.1.5 Schedule and Cost Control (10%)
4.5.2.2 DB Technical Approach (65% of Technical Criteria)
4.5.2.2.1 Civil / Traffic (20%)
4.5.2.2.2 Environmental (5%)
4.5.2.2.3 Structures (25%)
4.5.2.2.4 Construction Staging (15%)
4.5.3 Price Proposal Evaluation Criteria (100% of Price Proposal)
4.6 PROPOSED CHANGES TO KEY PERSONNEL OR a MAJOR PARTICIPANT AFTER PROPOSAL SUBMISSION DEADLINE
4.7 PRICE PROPOSAL OPENING
4.8 CONTRACT AWARD
4.9 RIGHTS OF MASSDOT IN EVALUATING PROPOSALS
Chapter 5: Miscellaneous
5.1 Project office LOCATION
5.2 BONDING
5.3 TEAMING AGREEMENTS
5.4 Proposed Changes to Key Personnel
5.5 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY (AA/EEO)
5.6 DISADVANTAGED Business Enterprises (DBE) PARTICIPATION
5.7 Nondiscrimination
5.8 INSURANCE AND RISK MANAGEMENT
5.9 CONFLICT OF INTEREST
5.9.1 Applicable Laws, Regulations, Guidance, Policies and Contract Terms
5.9.1.1 Criteria for Reviewing Potential Conflicts of Interest
5.9.1.2 Federal Law
5.9.1.3 State Law
5.9.1.4 MassDOT Contracts and Other Requirements
5.9.1.5 Criteria for Determining Conflicts of Interest
5.9.1.6 Conflict of Interest Determination for Entities
5.9.1.7 Process for Determining Conflicts of Interest
5.9.1.8 Conflict of Interest Determinations for Individuals
5.9.1.9 Conflict of Interest During Project
5.9.1.10 Failure to Comply with Guidance
5.10 DESIGN COST STATEMENT
ATTACHMENT A Binder1
1 ATTACHMENT A Index
2 Letter of Transmittal Form R1
3 612187 Stipend Agreement
4 612187 Design Cost Stmnt
ATTACHMENT B Binder1
1 ATTACHMENT B Index
2 B00420-1 Proposal
3 B00420-2 06-04-26 607349 NORWELL CMS bid proposal
ATTACHMENT D Binder1
1 Attachment D Index
2 607349 Escrow Agrmnt A-5 tracked
3 607349Exhibit 1 Bid Doc Asmby Cert
EXHIBIT 1
ESCROW PROPOSAL DOCUMENTATION ASSEMBLY CERTIFICATION
SIGNATURE:
NAME:
TITLE:
PROPOSAL NO.
DATE:
Proposer to Agent
Proposer to MassDOT Highway Division,
ATTN: Director of Construction Contracts and Prequalification – email
BVDB also to submit original.
4 607349 Exh 2 Bid Doc Deliver Cert A-5
EXHIBIT 2
ESCROW PROPOSAL DOCUMENTATION DELIVERY CERTIFICATION
By: ______________________________________
Name: ____________________________________
Title: _____________________________________
Proposer to MassDOT, Highway Division,
ATTN: Director of Construction Contracts and Prequalification – email
BVDB also to submit original.
Proposer to MassDOT Legal – copy
ATTACHMENT E Binder1
1 ATTACHMENT E Index
2 ATC Rules Acknowledgement
ATTACHMENT F Binder1
1 ATTACHMENT F Index
2 607349 Attachment F COI

📄 607349-NORWELL-LOI-Proposer-List-3-11-2026.pdf (Parsed Contract Document)

Project No. 607349 NORWELL–PEMBROKE–MARSHFIELD Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build Design-Build Proposer List March 11, 2026 Page 1 of 3 Letter of Interest (LOI) Respondents (19 Total): Due Tuesday, March 10, 2026 1. D.W. White Construction Inc. Jack Harney 867 Middle Road jharney@dwwhite.com Acushnet, MA 02743 Tel: 774-271-1308 2. Barletta Heavy Division, Inc. Michael Foley 40 Shawmut Road, Suite 100 BHDEstimatingDept@barlettaco.com Canton, MA 02021 Tel: 617-212-3717 Fax: 781-821-6222 3. Jacobs Engineering Group Inc. Rebecca Williamson 120 St. James Avenue, 5th Floor Rebecca.Williamson@jacobs.com Boston, MA 02116 Tel: 508-982-4969 4. The Middlesex Corporation Jim Reardon One Spectacle Pond Road jreardon@middlesexco.com Littleton, MA 01460 Tel: 978-742-4424 Fax: 978-742-4434 Claire Coupal ccoupal@middlesexco.com Tel: 978-742-4407 Fax: 978-742-4434 5. HNTB Corporation Paul Godfrey 31 St. James Avenue, Suite 300 pgodfrey@hntb.com Boston, MA 02116 Tel: 617-542-6900 Kate Kane kkane@hntb.com Tel: 617-532-2231 6. Daniel O’Connell’s Sons Jim Remaly 800 Kelly Way jremaly@doc.build Holyoke, MA 01040 Tel: 413-540-1370 Fax: 413-536-6915 mailto:jharney@dwwhite.com mailto:BHDEstimatingDept@barlettaco.com mailto:Rebecca.Williamson@jacobs.com mailto:jreardon@middlesexco.com mailto:ccoupal@middlesexco.com mailto:pgodfrey@hntb.com mailto:kkane@hntb.com mailto:jremaly@doc.build Project No. 607349 NORWELL–PEMBROKE–MARSHFIELD Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build Design-Build Proposer List March 11, 2026 Page 2 of 3 7. AETNA Bridge Company Daniel Kelley 100 Jefferson Boulevard, Suite 100 dkelley@aetnabridge.com Warwick, RI 02888 Tel: 401-256-5402 Fax: 401-463-3604 8. Parsons Corporation Kristine C Gorman 100 High Street, Kristine.Gorman@Parsons.com Boston, MA 02110 Cell: 617-921-9371 Fax: 617-946-9777 9. Tetra Tech, Inc. Christopher E. Calnan 100 Nickerson Road chris.calnan@tetratech.com Marlborough, MA 01752 Tel: 508-786-2244 Fax: 508-786-2201 10. Green International Affiliates, Inc. Ko Ishikura 100 Ames Pond Drive, Suite 200 ko@greenintl.com Tewksbury, MA 01876 Tel: 978-843-5253 11. Weston & Sampson Engineers Inc. Scott Bruso 100 Foxborough Boulevard, Suite 250, BrusoS@wseinc.com Foxborough, MA 02035 Tel: 617-680-7229 Fax: 978-977-0100 12. McCourt Construction Company Ryan McCourt 60 K Street rymccourt@mccourtconstruction.com; South Boston, MA 02127 rcurran@mccourtconstruction.com Tel: 617-269-2330 13. SPS New England, Inc. Timothy P McLaughlin 98 Elm Street tmclaughlin@spsne.com Salisbury, MA 01952 Tel: 978-462-6543 Fax: 978-462-0345 mailto:dkelley@aetnabridge.com mailto:Kristine.Gorman@Parsons.com mailto:chris.calnan@tetratech.com mailto:ko@greenintl.com mailto:BrusoS@wseinc.com mailto:rymccourt@mccourtconstruction.com mailto:rcurran@mccourtconstruction.com mailto:tmclaughlin@spsne.com Project No. 607349 NORWELL–PEMBROKE–MARSHFIELD Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build Design-Build Proposer List March 11, 2026 Page 3 of 3 14. WSP USA Inc. Filomena Maybury 100 Summer Street F.Maybury@wsp.com Boston, MA 02110 Tel: 617-960-4949 15. Michael Baker International, Inc. Darren Benoit 890 Winter St, Suite 208, Darren.Benoit@mbakerintl.com Waltham, MA 02451 Tel: 617-528-6251 Cell: 603-491-8187 Fax: 617-528-6210 16. Skanska USA Civil Northeast Inc. Thomas Day 1365 Main Street Thomas.day@skanska.com Waltham, MA 02451 Tel: 617-212-2613 Fax: 617-218-5901 Robert Coutts Robert.coutts@skanska.com Tel: 617-592-7938 Fax: 617-218-5901 17. GFT Engineers and Architects, P.C. Evan C. Lowell 101 Arch Street, Suite 301 eclowell@gftinc.com Boston, MA 02110 Tel: 857-453-5474 Cell: 508-404-6038 18. John Rocchio Corporation Joseph Godino 20 Lark Industrial Parkway josephgodino@johnrocchiocorp.com Smithfield, RI 02828 Tel: 401-949-5565 Fax: 401-949-9835 19. Judlau Contracting, Inc. Madhuvani Kondamidi 75-20 Astoria Boulevard Suite 150 madhuvani.kondamidi@ohla-usa.com East Elmhurst, NY 11370 Tel: 646-206-4854 Gaby Antoun Gaby.antoun@ohla-usa.com Tel: 917-804-1429 mailto:F.Maybury@wsp.com mailto:Darren.Benoit@mbakerintl.com mailto:Thomas.day@skanska.com mailto:Robert.coutts@skanska.com mailto:eclowell@gftinc.com mailto:josephgodino@johnrocchiocorp.com mailto:madhuvani.kondamidi@ohla-usa.com mailto:Gaby.antoun@ohla-usa.com

📄 607349-NORWELL-LOI-Proposer-List-Rev-1-06-04-2026.pdf (Parsed Contract Document)

Project No. 607349

NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River
Design-Build

Design-Build Proposer List Rev 1 Effective June 4, 2026

Page 1 of 4
Letter of Interest (LOI) Respondents (19 Total):
Due Tuesday, March 10, 2026


1. D.W. White Construction Inc. Jack Harney
867 Middle Road jharney@dwwhite.com
Acushnet, MA 02743 Kaitlin Kane
kkane@hntb.com
Benjamin Timms
btimms@dwwhite.com
Tel: 774-271-1308


2. Barletta Heavy Division, Inc. Michael Foley
40 Shawmut Road, Suite 100 BHDEstimatingDept@barlettaco.com
Canton, MA 02021 Gena Mohan, CRIS, ECMCA
gmohan@barlettaco.com
Tel: 617-212-3717
Fax: 781-821-6222


3. Jacobs Engineering Group Inc. Rebecca Williamson
120 St. James Avenue, 5th Floor Rebecca.Williamson@jacobs.com
Boston, MA 02116 Tel: 508-982-4969


4. The Middlesex Corporation Jim Reardon
One Spectacle Pond Road jreardon@middlesexco.com
Littleton, MA 01460 Tel: 978-742-4424
Fax: 978-742-4434

Claire Coupal
ccoupal@middlesexco.com
Tel: 978-742-4407
Fax: 978-742-4434


5. HNTB Corporation Paul Godfrey
31 St. James Avenue, Suite 300 pgodfrey@hntb.com
Boston, MA 02116 Tel: 617-542-6900

Kate Kane
kkane@hntb.com
Tel: 617-532-2231

mailto:jharney@dwwhite.com
mailto:kkane@hntb.com
mailto:btimms@dwwhite.com
mailto:BHDEstimatingDept@barlettaco.com
mailto:gmohan@barlettaco.com
mailto:Rebecca.Williamson@jacobs.com
mailto:jreardon@middlesexco.com
mailto:ccoupal@middlesexco.com
mailto:pgodfrey@hntb.com
mailto:kkane@hntb.com
Project No. 607349

NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River
Design-Build

Design-Build Proposer List Rev 1 Effective June 4, 2026

Page 2 of 4

6. Daniel O’Connell’s Sons Jim Remaly
800 Kelly Way jremaly@doc.build
Holyoke, MA 01040 Tel: 413-540-1370
Fax: 413-536-6915

7. AETNA Bridge Company Daniel Kelley
100 Jefferson Boulevard, Suite 100 dkelley@aetnabridge.com
Warwick, RI 02888 Dan Kelley
dkelley@aetnabridge.com
Brent Richard-
BRichard@vhb.com

Tel: 401-256-5402
Fax: 401-463-3604


8. Parsons Corporation Kristine C Gorman
100 High Street, Kristine.Gorman@Parsons.com
Boston, MA 02110 Cell: 617-921-9371
Fax: 617-946-9777


9. Tetra Tech, Inc. Christopher E. Calnan
100 Nickerson Road chris.calnan@tetratech.com
Marlborough, MA 01752 Tel: 508-786-2244
Fax: 508-786-2201


10. Green International Affiliates, Inc. Ko Ishikura
100 Ames Pond Drive, Suite 200 ko@greenintl.com
Tewksbury, MA 01876 Tel: 978-843-5253


11. Weston & Sampson Engineers Inc. Scott Bruso
100 Foxborough Boulevard, Suite 250, BrusoS@wseinc.com
Foxborough, MA 02035 Tel: 617-680-7229
Fax: 978-977-0100


12. McCourt Construction Company Ryan McCourt
60 K Street rymccourt@mccourtconstruction.com;
South Boston, MA 02127 rcurran@mccourtconstruction.com
Tel: 617-269-2330

mailto:jremaly@doc.build
mailto:dkelley@aetnabridge.com
mailto:dkelley@aetnabridge.com
mailto:BRichard@vhb.com
mailto:Kristine.Gorman@Parsons.com
mailto:chris.calnan@tetratech.com
mailto:ko@greenintl.com
mailto:BrusoS@wseinc.com
mailto:rymccourt@mccourtconstruction.com
mailto:rcurran@mccourtconstruction.com
Project No. 607349

NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River
Design-Build

Design-Build Proposer List Rev 1 Effective June 4, 2026

Page 3 of 4
13. SPS New England, Inc. Timothy P McLaughlin
98 Elm Street tmclaughlin@spsne.com
Salisbury, MA 01952 Tel: 978-462-6543
Fax: 978-462-0345

14. WSP USA Inc. Filomena Maybury
100 Summer Street F.Maybury@wsp.com
Boston, MA 02110 Tel: 617-960-4949

15. Michael Baker International, Inc. Darren Benoit
890 Winter St, Suite 208, Darren.Benoit@mbakerintl.com
Waltham, MA 02451 Tel: 617-528-6251
Cell: 603-491-8187
Fax: 617-528-6210

16. Skanska USA Civil Northeast Inc. Thomas Day
1365 Main Street Thomas.day@skanska.com
Waltham, MA 02451 Tel: 617-212-2613
Fax: 617-218-5901
Robert Coutts
Robert.coutts@skanska.com
Tel: 617-592-7938
Fax: 617-218-5901

17. GFT Engineers and Architects, P.C. Evan C. Lowell
101 Arch Street, Suite 301 eclowell@gftinc.com
Boston, MA 02110 Tel: 857-453-5474
Cell: 508-404-6038

18. John Rocchio Corporation Joseph Godino
20 Lark Industrial Parkway josephgodino@johnrocchiocorp.com
Smithfield, RI 02828 Tel: 401-949-5565
Fax: 401-949-9835


19. Judlau Contracting, Inc. Madhuvani Kondamidi
75-20 Astoria Boulevard Suite 150 madhuvani.kondamidi@ohla-usa.com
East Elmhurst, NY 11370 Tel: 646-206-4854
Gaby Antoun
Gaby.antoun@ohla-usa.com
Tel: 917-804-1429


mailto:tmclaughlin@spsne.com
mailto:F.Maybury@wsp.com
mailto:Darren.Benoit@mbakerintl.com
mailto:Thomas.day@skanska.com
mailto:Robert.coutts@skanska.com
mailto:eclowell@gftinc.com
mailto:josephgodino@johnrocchiocorp.com
mailto:madhuvani.kondamidi@ohla-usa.com
mailto:Gaby.antoun@ohla-usa.com
Project No. 607349

NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River
Design-Build

Design-Build Proposer List Rev 1 Effective June 4, 2026

Page 4 of 4

Phase I Statement of Qualifications (SOQ) Submissions (5 Teams)
Statements of Qualifications Due: Tuesday, April 14, 2026

1. Barletta Heavy Division, Inc. in association with WSP USA, Inc.
2. D.W. White Construction Inc. in association with HNTB
3. AETNA Bridge Company in association with VHB
4. McCourt Construction Company in association with Jacobs Engineering Group Inc.
5. Skanska USA Civil Northeast Inc. in association with CHA


Phase II Request for Proposals (RFP) Short-Listed Proposers (3 Teams)
Technical & Price Proposals Due: Friday, October 30, 2026**
**Date Subject to Change

1. Barletta Heavy Division, Inc. in association with WSP USA, Inc.
POC: Michael Foley - BHDEstimatingDept@barlettaco.com

2. D.W. White Construction Inc. in association with HNTB.
POC: Jack Harney - jharney@dwwhite.com


3. Skanska USA Civil Northeast Inc. in association with CHA
POC: Thomas Day - Thomas.day@skanska.com






mailto:BHDEstimatingDept@barlettaco.com
mailto:jharney@dwwhite.com
mailto:Thomas.day@skanska.com

📄 607349-NORWELL-RFP-Proposer-Short-List.pdf (Parsed Contract Document)

Project No. 607349

NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River
Design-Build

Design-Build Proposer List May 19, 2026

Page 1 of 4
Letter of Interest (LOI) Respondents (19 Total):
Due Tuesday, March 10, 2026


1. D.W. White Construction Inc. Jack Harney
867 Middle Road jharney@dwwhite.com
Acushnet, MA 02743 Kaitlin Kane
kkane@hntb.com
Benjamin Timms
btimms@dwwhite.com
Tel: 774-271-1308


2. Barletta Heavy Division, Inc. Michael Foley
40 Shawmut Road, Suite 100 BHDEstimatingDept@barlettaco.com
Canton, MA 02021 Gena Mohan, CRIS, ECMCA
gmohan@barlettaco.com
Tel: 617-212-3717
Fax: 781-821-6222


3. Jacobs Engineering Group Inc. Rebecca Williamson
120 St. James Avenue, 5th Floor Rebecca.Williamson@jacobs.com
Boston, MA 02116 Tel: 508-982-4969


4. The Middlesex Corporation Jim Reardon
One Spectacle Pond Road jreardon@middlesexco.com
Littleton, MA 01460 Tel: 978-742-4424
Fax: 978-742-4434

Claire Coupal
ccoupal@middlesexco.com
Tel: 978-742-4407
Fax: 978-742-4434


5. HNTB Corporation Paul Godfrey
31 St. James Avenue, Suite 300 pgodfrey@hntb.com
Boston, MA 02116 Tel: 617-542-6900

Kate Kane
kkane@hntb.com
Tel: 617-532-2231

mailto:jharney@dwwhite.com
mailto:kkane@hntb.com
mailto:btimms@dwwhite.com
mailto:BHDEstimatingDept@barlettaco.com
mailto:gmohan@barlettaco.com
mailto:Rebecca.Williamson@jacobs.com
mailto:jreardon@middlesexco.com
mailto:ccoupal@middlesexco.com
mailto:pgodfrey@hntb.com
mailto:kkane@hntb.com
Project No. 607349

NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River
Design-Build

Design-Build Proposer List May 19, 2026

Page 2 of 4

6. Daniel O’Connell’s Sons Jim Remaly
800 Kelly Way jremaly@doc.build
Holyoke, MA 01040 Tel: 413-540-1370
Fax: 413-536-6915

7. AETNA Bridge Company Daniel Kelley
100 Jefferson Boulevard, Suite 100 dkelley@aetnabridge.com
Warwick, RI 02888 Dan Kelley
dkelley@aetnabridge.com
Brent Richard-
BRichard@vhb.com

Tel: 401-256-5402
Fax: 401-463-3604


8. Parsons Corporation Kristine C Gorman
100 High Street, Kristine.Gorman@Parsons.com
Boston, MA 02110 Cell: 617-921-9371
Fax: 617-946-9777


9. Tetra Tech, Inc. Christopher E. Calnan
100 Nickerson Road chris.calnan@tetratech.com
Marlborough, MA 01752 Tel: 508-786-2244
Fax: 508-786-2201


10. Green International Affiliates, Inc. Ko Ishikura
100 Ames Pond Drive, Suite 200 ko@greenintl.com
Tewksbury, MA 01876 Tel: 978-843-5253


11. Weston & Sampson Engineers Inc. Scott Bruso
100 Foxborough Boulevard, Suite 250, BrusoS@wseinc.com
Foxborough, MA 02035 Tel: 617-680-7229
Fax: 978-977-0100


12. McCourt Construction Company Ryan McCourt
60 K Street rymccourt@mccourtconstruction.com;
South Boston, MA 02127 rcurran@mccourtconstruction.com
Tel: 617-269-2330

mailto:jremaly@doc.build
mailto:dkelley@aetnabridge.com
mailto:dkelley@aetnabridge.com
mailto:BRichard@vhb.com
mailto:Kristine.Gorman@Parsons.com
mailto:chris.calnan@tetratech.com
mailto:ko@greenintl.com
mailto:BrusoS@wseinc.com
mailto:rymccourt@mccourtconstruction.com
mailto:rcurran@mccourtconstruction.com
Project No. 607349

NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River
Design-Build

Design-Build Proposer List May 19, 2026

Page 3 of 4
13. SPS New England, Inc. Timothy P McLaughlin
98 Elm Street tmclaughlin@spsne.com
Salisbury, MA 01952 Tel: 978-462-6543
Fax: 978-462-0345

14. WSP USA Inc. Filomena Maybury
100 Summer Street F.Maybury@wsp.com
Boston, MA 02110 Tel: 617-960-4949

15. Michael Baker International, Inc. Darren Benoit
890 Winter St, Suite 208, Darren.Benoit@mbakerintl.com
Waltham, MA 02451 Tel: 617-528-6251
Cell: 603-491-8187
Fax: 617-528-6210

16. Skanska USA Civil Northeast Inc. Thomas Day
1365 Main Street Thomas.day@skanska.com
Waltham, MA 02451 Tel: 617-212-2613
Fax: 617-218-5901
Robert Coutts
Robert.coutts@skanska.com
Tel: 617-592-7938
Fax: 617-218-5901

17. GFT Engineers and Architects, P.C. Evan C. Lowell
101 Arch Street, Suite 301 eclowell@gftinc.com
Boston, MA 02110 Tel: 857-453-5474
Cell: 508-404-6038

18. John Rocchio Corporation Joseph Godino
20 Lark Industrial Parkway josephgodino@johnrocchiocorp.com
Smithfield, RI 02828 Tel: 401-949-5565
Fax: 401-949-9835


19. Judlau Contracting, Inc. Madhuvani Kondamidi
75-20 Astoria Boulevard Suite 150 madhuvani.kondamidi@ohla-usa.com
East Elmhurst, NY 11370 Tel: 646-206-4854
Gaby Antoun
Gaby.antoun@ohla-usa.com
Tel: 917-804-1429


mailto:tmclaughlin@spsne.com
mailto:F.Maybury@wsp.com
mailto:Darren.Benoit@mbakerintl.com
mailto:Thomas.day@skanska.com
mailto:Robert.coutts@skanska.com
mailto:eclowell@gftinc.com
mailto:josephgodino@johnrocchiocorp.com
mailto:madhuvani.kondamidi@ohla-usa.com
mailto:Gaby.antoun@ohla-usa.com
Project No. 607349

NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement N-24-004=P-05-008, Route 3 (NB & SB) over North River
Design-Build

Design-Build Proposer List May 19, 2026

Page 4 of 4

Phase I Statement of Qualifications (SOQ) Submissions (5 Teams)
Statements of Qualifications Due: Tuesday, April 14, 2026

1. Barletta Heavy Division, Inc. in association with WSP USA, Inc.
2. D.W. White Construction Inc. in association with HNTB
3. AETNA Bridge Company in association with VHB
4. McCourt Construction Company in association with Jacobs Engineering Group Inc.
5. Skanska USA Civil Northeast Inc. in association with CHA


Phase II Request for Proposals (RFP) Short-Listed Proposers (3 Teams)
Technical & Price Proposals Due: Friday, October 30, 2026**
**Date Subject to Change

1. Barletta Heavy Division, Inc. in association with WSP USA, Inc.
POC: Michael Foley - BHDEstimatingDept@barlettaco.com

2. D.W. White Construction Inc. in association with HNTB.
POC: Jack Harney - jharney@dwwhite.com

3. Skanska USA Civil Northeast Inc. in association with CHA
POC: Thomas Day - Thomas.day@skanska.com






mailto:BHDEstimatingDept@barlettaco.com
mailto:jharney@dwwhite.com
mailto:Thomas.day@skanska.com

📄 607349-Norwell-Pembroke-Marshfield-RFLOI-Final-12032025.pdf (Parsed Contract Document)

DESIGN-BUILD PROJECT Letters of Interest for the following Project should be emailed to: MassDOTBidDocuments@dot.state.ma.us and addressed to: MassDOT Bid Document Distribution Center MassDOT Highway Division 10 Park Plaza – Suite 7874 Boston, MA 02116 Attn: Eric M. Cardone, P. E., Construction Contracts Engineer Until the date and time stated below for: The Bidding for and Award of the Contract for the following Project is to be in accordance with The Best Value Design-Build Procurement process which shall be used for the Project as authorized under MGL c 149A ss 14 et seq. TUESDAY, MARCH 10, 2026 @ 12:00 P.M. (NOON) PROJECT VALUE NORWELL–PEMBROKE–MARSHFIELD: Bridge Replacement N-24-004=P-05-008 Route 3 (NB & SB) over North River, Design-Build (607349) $103,050,000.00 The Massachusetts Department of Transportation (MassDOT) is soliciting Letters of Interest from parties interested in the Request for Qualifications (RFQ) package for the Design-Build Project consisting of the completion of the design and construction for: NORWELL-PEMBROKE-MARSHFIELD: Bridge Replacement N-24-004=P-05-008 Route 3 (NB & SB) over North River Design-Build (607349). Project Location The Project is located in MassDOT District 5 (Plymouth County) and the limits of the Project begin on Route 3 north of the Route 139 interchange and extend northerly over the North River to a terminus at approximately mile mark 28.2. The Project scope includes all aspects of design, demolition and construction of the northbound and southbound bridges along Route 3 over the North River, compliance with all environmental permits to be secured and/or amended by final design, public outreach, and any coordination with abutting or interested parties. Purpose and Need The purpose of this Project is to replace the northbound and southbound structurally deficient bridges along Route 3 over the North River and to provide associated roadway improvements through the towns of Norwell, Pembroke, and Marshfield. The proposed bridges will provide a minimum 100-year design-life while minimizing impacts to the environment, right of way, and the traveling public. Summary The scope of work includes, but is not limited to, the design and construction of the Route 3 Northbound and Southbound bridges over the North River and the associated approaches. The proposed southbound bridge will be located in the existing median. The proposed northbound bridge will be in the same location as the existing northbound bridge. The Project also includes stormwater drainage system improvements and expansion and wetlands relocation and restoration. mailto:MassDOTBidDocuments@dot.state.ma.us Other project elements include Survey, Geotechnical design, Traffic Management, Pavement Marking and Signage, Landscaping, Environmental Permitting and Compliance, Public Outreach and Coordination and Hazardous Materials Assessment & Remediation. Roadway Reconstruction The Project includes full depth reconstruction of the new bridge approaches as well as variable depth mill and overlay at the tie-in points to the existing travel lanes. The southbound roadway will be realigned to the existing center median to match into the new bridge. The northbound roadway will remain in its existing alignment. Project also includes pavement milling and overlay, wetland restoration and landscape improvements. Structural The Project includes, but is not limited to, the design and construction of the replacement of the two existing 3 span bridges over the North River with twin single span structures. The proposed twin single span bridges bridge will carry two travel lanes with increased shoulder widths. Traffic To maintain traffic, multiple traffic shifts for phase construction of the bridges will be required along Route 3 northbound/southbound to complete bridge construction. Two lanes of traffic on Route 3 in each direction shall remain in service during construction. No lane closures are anticipated for the proposed construction staging. Stormwater Management The Project includes upgrades to the drainage system including the design and construction of grass infiltration swale, new drain manholes, catch basins and associated piping. Environmental The existing bridge demolition will be performed subject to environmental restrictions to minimize impacts to Essential Fish Habitat. Existing wetlands within the median of Route 3 that are disturbed by the construction are to be replicated as required by the environmental permits. The Project involves construction within and adjacent to state and federal wetland resource areas. The Project includes specific construction methods, wetland resource area restoration, streambed restoration and wetland replication/mitigation, and monitoring in compliance with the environmental permits. The Project also includes the development and implementation of an invasive species management plan, site restoration and planting of surroundings impacted by the construction. The proposed Project cost is estimated at $103,050,000.00 . The Best Value Design-Build Procurement process shall be used for the Project as authorized under MGL c 149A ss 14 et seq. Letters of Interest The deadline for receipt of Letters of Interest is March 10, 2026 at 12:00 PM (noon). All parties must send a “Letter of Interest” to MassDOTBIDDocuments@dot.state.ma.us. Letters of Interest MUST include a contact name, address, telephone number, fax number and email address. Late submittals will not be accepted. The Request for Qualifications (RFQ) package will be mailed on or about March 11, 2026 to all parties submitting a Letter of Interest by the above date and time. The RFQ (without supporting documents) will also be available to be downloaded from COMMBUYS on or about March 11, 2026. The posting on COMMBUYS is for public informational purposes only. Please note that Proposers MUST submit a Letter of Interest by the stated date to become part of the procurement process for the Project. The Statement of Qualifications (SOQ) will be due on or around April 14, 2026 by noon (12:00 PM). Statements of Qualifications will NOT be accepted from any party not submitting a Letter of Interest by the stated date. mailto:MassDOTBIDDocuments@dot.state.ma.us Briefing A virtual briefing will be held to discuss the RFQ on or about March 24, 2026 at 10:00 AM. Meeting notices will be emailed to the point of contacts listed in the Letters of Interest. Prequalification All Design-Builders must have a Major Participant that is prequalified by the MassDOT Architects and Engineers Review Board in the areas of: • Complex Bridge Design and Rating • Complex Roadway Design In addition, all Design-Builders must have a Major Participant who is prequalified by the MassDOT Prequalification Committee in Bridge - Construction with a Single Contract Limit (SCL) of at least $103,050,000.00. Each individual member of a Design-Builder Joint Venture (JV) does not have to be prequalified in Bridge - Construction with a single contract limit (SCL) of $ $103,050,000.00. However, JV Partners who are prequalified in Bridge - Construction can combine their individual SCLs to satisfy the $103,050,000.00 SCL requirement (Per 720 CMR 5.00) Evaluation Criteria Proposers (and/or their key personnel) will be evaluated on the following criteria: • Similar type work experience for Bridge and Highway reconstruction, including work over major tidal waterways. • Joint experience of the DB team members working together. • Design-Build experience of the DB team members. • Quality of performance on prior projects. • Experience of Key Personnel to be assigned to the Project. • Experience and success in managing accelerated work schedules with key milestones. • Financial Status. • Litigation and Performance/Termination History. • Safety Record. • Reference Information, including banks, previous clients, and sureties. • Volume of current work on MassDOT projects. • Prior experience in environmental permit compliance, and DEP coordination. • Prior experience in developing innovative project designs and construction methods of a type similar to this scope. • Prior experience with Accelerated Bridge Construction (ABC) • Prior experience with Public Outreach and Abutter engagement • Other factors that the Selection Committee determines. Additional This Design-Build procurement will follow a two-phase Best Value selection process. An RFQ will be sent to all parties submitting a Letter of Interest. Proposers are invited to submit a Statement of Qualifications (SOQ) to the MassDOT contact above in response to the RFQ. It is expected that the SOQ will be due on or about April 14, 2026 at noon (12:00 PM). Firms/Contractors submitting a Letter of Interest by the due date will receive and be notified of addendums to the RFQ up to the submission date of the SOQ. Proposers are required to prepare an SOQ; be prequalified by MassDOT Architects and Engineers Review Board; and be prequalified by the MassDOT Prequalification Committee. The Proposer must be able to produce evidence of 100% bonding capacity. Time Period for Completed Project: MassDOT will require that all construction must be completed within 1,200 calendar days of Notice to Proceed. MassDOT will be utilizing Bid Express for this Project. 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. 2970 SW 50th Terrace Gainesville, FL 32608-5076 email: customer.support@bidx.com Complete instructions for the submission of qualifications are set forth in the RFQ. The Commonwealth reserves the right to reject any or all proposals it may receive. MassDOT Highway Division projects are subject to the rules and regulations of the Architectural Access Board (521 CMR 1.00 et. seq.). Prospective bidders and interested parties can access this information and more via the internet at WWW.COMMBUYS.COM. BY: Phil Eng, Interim MassDOT Secretary Jonathan L. Gulliver, Undersecretary and Highway Administrator SATURDAY, DECEMBER 13, 2025 http://www.bidx.com/ mailto:customer.support@bidx.com http://www.commbuys.com/

📄 607349-Norwell-RFQ-03-11-2026.pdf (Parsed Contract Document)

Ten Park Plaza, Suite 4160, Boston, MA 02116 Tel: 857-368-4636, TTY: 857-368-0655 www.mass.gov/massdot COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build in the Towns of NORWELL-PEMBROKE-MARSHFIELD Best Value Design-Build Procurement Phase 1 Request for Qualifications Project No. 607349 March 11, 2026 Massachusetts Department Of Transportation Highway Division Project No. 607349 THIS PAGE INTENTIONALLY LEFT BLANK Massachusetts Department Of Transportation Highway Division Project No. 607349 i COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION NORWELL-PEMBROKE-MARSHFIELD: BRIDGE REPLACEMENT, N-24-004=P-05-008, ROUTE 3 (NB & SB) OVER NORTH RIVER DESIGN-BUILD BEST VALUE DESIGN-BUILD PROCUREMENT REQUEST FOR QUALIFICATIONS TABLE OF CONTENTS 1.0 INTRODUCTION ........................................................................................................................................ 1 1.1 SELECTION PROCESS .................................................................................................................. 3 1.2 SCHEDULE OF EVENTS ............................................................................................................... 4 1.3 CONTACT INFORMATION .......................................................................................................... 5 2.0 TERMS, DEFINITIONS, REFERENCE DOCUMENTS AND STANDARDS ...................................... 5 2.1 REFERENCE DOCUMENTS ......................................................................................................... 5 2.2 AASHTO, MASSDOT AND FEDERAL STANDARDS AND CODES ........................................ 6 3.0 PROJECT OVERVIEW .............................................................................................................................. 9 3.1 PROJECT AREA ............................................................................................................................. 9 3.2 PROJECT SUMMARY.................................................................................................................... 9 3.3 PROJECT ELEMENTS ................................................................................................................. 10 3.3.1 Survey ...................................................................................................................................... 10 3.3.2 Geotechnical ........................................................................................................................... 11 3.3.3 Utility Coordination/Protection/Relocation/Abandonment ..................................................... 11 3.3.4 Bridge Design, and Construction Sequencing ......................................................................... 12 3.3.5 Employment of Accelerated Bridge Construction (ABC) Techniques ..................................... 12 3.3.6 Highway Design and Construction ......................................................................................... 12 3.3.7 Stormwater Design and Construction ..................................................................................... 12 3.3.8 Traffic Engineering ................................................................................................................. 12 3.3.9 Wetland Mitigation/Landscape Restoration ............................................................................ 13 3.3.10 Environmental Permitting ....................................................................................................... 13 3.3.11 Construction Mitigation and Permitting ................................................................................. 14 3.3.12 Right of Way ............................................................................................................................ 14 3.3.13 Public Outreach and Coordination ......................................................................................... 14 3.3.14 Hazardous Materials Assessment & Remediation ................................................................... 14 3.3.15 Incentive / Disincentive Clauses .............................................................................................. 15 3.3.16 Adjacent Projects .................................................................................................................... 15 4.0 INSTRUCTIONS ........................................................................................................................................ 16 4.1 SOQ SUBMISSION, DEADLINE, AND LOCATION INSTRUCTIONS ................................... 16 4.2 SOQ SUBMISSION REQUIREMENTS ....................................................................................... 17 Massachusetts Department Of Transportation Highway Division Project No. 607349 ii 4.2.1 A&E Board Pre-qualification ................................................................................................. 18 4.2.3 Overview of the SOQ ............................................................................................................... 19 4.2.4 SOQ Format ............................................................................................................................ 19 4.2.5 SOQ Organization ................................................................................................................... 20 4.3 RFQ AMENDMENT ..................................................................................................................... 28 4.4 PROPERTY OF MASSDOT ......................................................................................................... 28 4.5 CONFIDENTIALITY OF SOQ ..................................................................................................... 28 4.6 PUBLIC DISCLOSURE ................................................................................................................ 28 4.7 NON-COMMITMENT .................................................................................................................. 28 4.8 SOQ PREPARATION COSTS ...................................................................................................... 28 4.9 NOTICE TO DESIGN-BUILDERS ............................................................................................... 29 4.9.1 Location................................................................................................................................... 29 4.9.2 Bonding ................................................................................................................................... 29 4.9.3 Teaming Agreements ............................................................................................................... 29 4.9.4 Affirmative Action/Equal Employment Opportunity (AA/EEO) .............................................. 29 4.9.5 Reserved for Future Use ......................................................................................................... 30 4.9.6 Nondiscrimination ................................................................................................................... 30 4.9.7 Insurance and Risk Management ............................................................................................ 30 4.9.8 Conflict of Interest ................................................................................................................... 30 4.9.9 Applicable Laws, Regulations, Guidance, Policies and Contract Terms ................................ 31 5.0 SOQ EVALUATION PROCESS .............................................................................................................. 36 5.1 EVALUATION CRITERIA ........................................................................................................... 36 5.2 RIGHTS OF MASSDOT IN EVALUATING SOQS .................................................................... 38 5.3 STIPEND ...................................................................................................................................... 39 5.4 PROJECT LABOR AGREEMENT ............................................................................................... 39 Massachusetts Department Of Transportation Highway Division Project No. 607349 iii STATEMENT OF QUALIFICATIONS SUBMISSION CHECKLIST .............................................................. 41 DESIGN-BUILD STATEMENT OF QUALIFICATIONS TRANSMITTAL FORM ....................................... 43 SCHEDULE A – TERMINATIONS AND LEGAL PROCEEDINGS ................................................................. 45 PART A. TERMINATIONS AND INCOMPLETE PROJECTS ....................................................................... 45 PART B. LEGAL PROCEEDINGS, CONVICTIONS AND FINES ................................................................. 46 PART C. AGREEMENTS .................................................................................................................................. 47 SCHEDULE B – SAFETY RECORD ..................................................................................................................... 48 SCHEDULE C – LETTER EVIDENCING BONDING CAPACITY .................................................................. 49 SCHEDULE D – CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS ............................................. 50 APPENDIX A: TERMS AND DEFINITIONS ....................................................................................................... 53 A.1 TERMS ...................................................................................................................................... 53 A.2 DEFINITIONS ............................................................................................................................... 53 APPENDIX B: A&E BOARD PRE-QUALIFICATION DOCUMENTS .......................................................... 63 APPENDIX C: MASSDOT CONTRACTOR PREQUALIFICATION DOCUMENTS .................................. 64 APPENDIX D: MASSDOT DISCLOSURE FORM ORGANIZATIONAL CONFLICTS OF INTEREST .. 65 APPENDIX E: STATE AND FEDERAL DOCUMENTS ..................................................................................... 71 DOCUMENT 00760 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS .............................................................................................................. 73 DOCUMENT 00820 THE COMMONWEALTH OF MASSACHUSETTS SUPPLEMENTAL EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM .................................................................................................. 87 DOCUMENT 00821 ELECTRONIC REPORTING REQUIREMENTS CIVIL RIGHTS PROGRAMS AND CERTIFIED PAYROLL .............................................................................................. 93 DOCUMENT 00859 CONTRACTOR/SUBCONTRACTOR CERTIFICATION FORM ‡ ......................... 95 DOCUMENT 00860 COMMONWEALTH OF MASSACHUSETTS PUBLIC EMPLOYMENT LAWS .. 97 DOCUMENT 00870 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) .................................................................................... 99 Massachusetts Department Of Transportation Highway Division Project No. 607349 iv THIS PAGE INTENTIONALLY LEFT BLANK Massachusetts Department Of Transportation Highway Division Project No. 607349 1 1.0 INTRODUCTION The Massachusetts Department of Transportation Highway Division (MassDOT) invites Statements of Qualifications (SOQ) from prospective Design-Builders to design and construct the replacement of Bridge N-24-004=P-05-008, Route 3 (NB & SB) over North River, for Design- Build Project 607349, as described in this Request for Qualifications (RFQ). The term “Proposer” or “Design-Builder shall mean an individual, sole proprietorship, firm, partnership, joint venture, corporation, or other entity that provides Design-Build services and has responded to MassDOT’s Request for Letters of Interest. Note that all Design-Builders proposing to submit as a Joint Venture must obtain prior approval of the Joint Venture through the MassDOT Construction Prequalification Committee. A Best Value Design-Build (BVDB) Procurement process shall be used for the Project. The BVDB procurement is a two-phase selection process in which the first phase consists of creating a short- list of qualified Design-Builders as determined by responses to an RFQ. The second phase consists of the submission of Technical and Price Proposals in response to a Request for Proposal (RFP). This BVDB Procurement is authorized under M.G.L. c. 149A, ss. 14 et seq. As described further in this RFQ package, interested Proposers must submit an SOQ in response to this RFQ. Each SOQ submitted must meet the requirements stipulated herein in order for MassDOT to consider the Proposer for short-listing. MassDOT has established a preliminary Project Value of $103,050,000.00 for Project No. 607349, for replacement of the existing bridges over North River with new structures that will provide a 75 year design life and a minimum of a 100 year service life, and the associated approach roadway construction required to tie the approaches to the new bridge structure. The work includes but is not limited to: • Advancing Highway design through 75%, 100%, and Issued for Construction Highway, and through Construction of all elements. • Advancing Bridge design through Structural Bridge Submittals and Issued for Construction Structural and through Construction of all elements. • Demolition of the existing bridges N-24-004=P-05-008 (48U, 48X) Route 3 NB & SB over North River. • Construction of new bridges N-24-004=P-05-008 • Full depth construction of Route 3 NB & SB at the approaches to the new bridge structures. • Pavement milling and overlay for modification of pavement markings, removal of temporary pavement markings, restoration of roadway surfaces and transitions to existing conditions at work limits. Massachusetts Department Of Transportation Highway Division Project No. 607349 2 • Restoration of damaged pavement and disturbed areas within the Project limits. • Landscape restoration and invasive plant species management within the Project limits. • Filling of existing wetlands in the median area and providing wetland replication. • Construction of updated roadway drainage and swales in final condition. • Temporary traffic control and management, support of excavation, and other temporary work as necessary to maintain safe traffic operation and acceptable roadway conditions during construction. • Implementing Real Time Traffic Management (RTTM) during construction. • Coordination during design and construction with stakeholders, State/Municipal officials, and local businesses in conjunction with MassDOT. • Coordination with the Towns of Norwell, Pembroke, and Marshfield . • Community outreach program in conjunction with MassDOT, including maintenance of the Project website to distribute current construction information, particularly as it relates to traffic impacts. • Compliance with applicable regulatory approvals and permits issued prior to Notice to Proceed and any amendments or reevaluation made during construction. • Construction mitigation and proper disposal of Hazardous materials in accordance with Regulations and Local Laws. • Construction noise mitigation. • Construction dust mitigation. • Coordination with adjacent construction projects. • Environmental/waterway impact mitigation measures. Massachusetts Department Of Transportation Highway Division Project No. 607349 3 1.1 SELECTION PROCESS Proposers that can provide a committed and qualified staff as required to perform the services described herein are encouraged to submit an SOQ. Design-Builders short-listed in accordance with the procedures described in this RFQ package will be invited to respond to the RFP phase for this Project. Through the two-phase procurement process, MassDOT will select the proposal with the best value to MassDOT and the Commonwealth, in which the combination of technical, qualifications, schedule, operating, and pricing factors meet or exceed MassDOT's requirements identified in the RFP. The process is illustrated in Figure 1. MassDOT has established a Selection Committee which will be responsible for the evaluation and ranking of the SOQs on the basis of the evaluation criteria set forth in the RFQ. The Selection Committee will also be responsible for evaluating and scoring the Technical Proposals on the basis of the criteria identified in the RFP. The designated individuals have been approved by the Chief Engineer. Figure 1: Two-Phase Procurement Process Diagram Phase 2 – Request for Proposal (RFP) MassDOT Issues Request for Proposals MassDOT Conducts Mandatory Pre- Proposal Meeting MassDOT Responds to RFIs Issues Addendum as Needed Proposers Submit RFP Response Oral Presentations MassDOT Completes Evaluation MassDOT Selects Design- Builder MassDOT Executes Contract with Design- Builder MassDOT Conforms Contract Documents MassDOT Conducts Confidential ATC Meetings Phase 1 – Request for Qualifications (RFQ) MassDOT Short -Lists Design- Builders MassDOT Publishes Advertisement Requesting Letters of Interest (RLOI) Proposers Submit LOI MassDOT Issues Request for Qualifications Proposers Submit Statement of Qualifications (RFQ Response) MassDOT Reviews Statements of Qualifications Massachusetts Department Of Transportation Highway Division Project No. 607349 4 1.2 SCHEDULE OF EVENTS The following table provides the Proposed Schedule of Events for this RFQ through Anticipated Notice to Proceed. Table 1: Schedule of Events Phase 1: Request for Qualifications Date Time Advertisement of Project Letters of Interest in: MassDOT Weekly Ad / COMMBUYS 12/13/2025 Local Newspaper / Central Register 12/17/2025 Letters of Interest Due 3/10/2026 12:00 PM RFQ Emailed to Interested Parties Submitting a LOI 3/11/2026 RFQ Briefing (Virtual, by email invitation) 3/24/2026 10:00 AM to 12:00 PM MassDOT A&E and Construction Prequalification Applications Due 3/30/2026 5:00 PM RFQ Close date for questions 3/31/2026 12:00 PM Statements of Qualifications Due 4/14/2026 12:00 PM Design-Builders Short-Listed 5/15/2026 Design-Builders Notified 5/18/2026 Phase 2: Request for Proposals Date Time DRAFT RFP Issued to Short-Listed Design-Builders 6/04/2026 Confidential DRAFT RFP Meeting (Virtual) 6/16/2026 FINAL RFP Issued to Short-Listed Design-Builders 7/16/2026 Mandatory Pre-Proposal Meeting (Virtual, by email invitation) 7/28/2026 10:00 AM to 12:00 PM ATC Meeting – 1 8/04/2026 TBD ATC Meeting – 2 8/25/2026 TBD ATC Meeting – 3 TBD Last Date to Submit ATCs 7/20/2026 RFP Close date for Questions 9/08/2026 Technical & Price Proposals Due 10/30/2026 Oral Presentations 11/13/2026 Public Price Proposal Opening Date 12/10/2026 Anticipated Selection Date TBD Anticipated Notice to Proceed 2/16/2027 Massachusetts Department Of Transportation Highway Division Project No. 607349 5 Information related to the continued development of the Project will be discussed at the RFQ Briefing. Each Proposer is encouraged to have a member attend the briefing. Information will not be provided after any briefing to parties who do not attend. Meeting minutes will not be distributed. 1.3 CONTACT INFORMATION The Contact Person for this procurement is: Eric M. Cardone, P.E. Construction Contracts Engineer Massachusetts Department of Transportation – Highway Division Ten Park Plaza, Room 7874 Boston, MA 02116 (857) 368-9524 Email: eric.m.cardone@dot.state.ma.us ATTN: Laura Montiel, Design-Build Project Manager 2.0 TERMS, DEFINITIONS, REFERENCE DOCUMENTS AND STANDARDS 2.1 REFERENCE DOCUMENTS The Terms and Definitions that apply to this RFQ are located in Appendix A. In Phase 2 of the Procurement, Reference Documents will be provided to the short-listed Design-Builders. All Proposers acknowledge by receipt of any of the information, that they explicitly understand that this information is provided for reference. It is the Proposer’s responsibility to verify all information. The selected Design-Builder will be required to provide a final, complete project design that is stamped and sealed by their own designer of record, for review and approval by MassDOT, FHWA, and possible third parties. MassDOT makes no representations as to the accuracy or completeness of information contained in any documents obtained from MassDOT and will not be responsible in any way for a Design-Builder’s reliance on or utilization of the contents of such documents. mailto:eric.m.cardone@dot.state.ma.us Massachusetts Department Of Transportation Highway Division Project No. 607349 6 2.2 AASHTO, MASSDOT AND FEDERAL STANDARDS AND CODES AASHTO, MassDOT and Federal standards are applicable to the final design and construction documents to be developed by the Design-Builder, including, but not limited to the following documents. It is the Design-Builder’ responsibility to utilize the latest approved version of the supporting design guidance standards, regulations, etc. During the development and design of construction details and specifications it is necessary to suit this type of accelerated construction and sequencing. The Standard Specifications and Standard Details may not be applicable, and any modified details must be brought to the attention of MassDOT for review and approval. 1. Massachusetts Department of Transportation Design Build Procurement Guide (https://www.mass.gov/doc/design-build-procurement-guide/download) 2. MassDOT Project Development and Design Guide with latest online chapter revisions (https://www.mass.gov/manual/massdot-project-development-and-design-guide) 3. Commonwealth of Massachusetts Department of Transportation Standard Specifications for Highways and Bridges, 2026 Edition 4. 2026 MassDOT Construction Standard Details (https://www.mass.gov/info-details/construction-standard-details) 5. MassDOT Supplemental Specifications, latest edition. 6. MassDOT English Bid Nomenclature List, latest edition 7. 1996 MassHighway Survey Manual 8. All current MassDOT Engineering Directives 9. All current MassDOT Policy Directives 10. MassDOT Utility Accommodation Policy 11. MassDOT Bridge Manual - Hundredth Anniversary edition (https://www.mass.gov/manual/massdot-bridge-manual-hundredth-anniversary-edition) 12. AASHTO LRFD Bridge Design Specifications, 10th edition, 2024 with latest interims 13. AASHTO LRFD Bridge Construction Specifications, latest edition 14. AASHTO Guide Specifications for LRFD Seismic Bridge Design, Second Edition 15. AASHTO/AWS D1.5 Bridge Welding Code, latest Edition 16. PCI MNL-116 Manual for Quality Control for Plants and Production of Structural Precast Concrete Products, 5th Edition 17. PCI MNL 135-00 Tolerance Manual for Precast and Prestressed Concrete Construction, 1st Edition 18. FHWA Publication No. FHWA-IF-09-010 – “Connection Details for Prefabricated Bridge Elements and Systems” dated 3/30/2009 19. ACI 318-19 Building Code Requirements for Structural Concrete and Commentary 20. AISC Steel Construction Manual 16th Edition https://www.mass.gov/doc/design-build-procurement-guide/download https://www.mass.gov/manual/massdot-project-development-and-design-guide https://www.mass.gov/info-details/construction-standard-details https://www.mass.gov/manual/massdot-bridge-manual-hundredth-anniversary-edition Massachusetts Department Of Transportation Highway Division Project No. 607349 7 21. AASHTO Guide Design Specifications for Bridge Temporary Works, Latest Edition with Interim Revisions 22. 2009 Manual on Uniform Traffic Control Devices (MUTCD), with Revisions 1, 2, and 3 and the Massachusetts Amendments to the MUTCD (11th edition) January 2026 23. MassDOT Standard Drawings for Signs and Supports, 1990 24. 2015 AASHTO LRFD Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, 1st edition, includes 2022 interim revisions 25. MassDOT Overhead Signal Structure & Foundation Standard Drawings, 2015 26. American Standard for Nursery Stock (ANSI Z-60.2-2025) or latest edition 27. AASHTO A Policy on Geometric Design of Highways and Streets, 7th Edition (2018) 28. AASHTO A Policy on Design Standards – Interstate Systems, May 2016 29. AASHTO Roadside Design Guide, 4th Edition, 2011 30. AASHTO Manual for Assessing Safety Hardware, 2nd Edition, 2016 31. MEC (Massachusetts Electrical Code) in accordance with the National Electrical Code (NFPA 70) 2026 32. National Cooperative Highway Research Program Report 350 (NCHRP 350), 1993 33. American National Standard Practice for Roadway Lighting, ANSI/IES RP-8-22 (R-2022) 34. 310 CMR 10.00 MA Wetlands Protection Act 35. 310 CMR 9.00 MA Waterways Regulations 36. MassDEP Stormwater Management Standards, 2008. 37. MassDOT, Stormwater Design Guide, 2023 Edition 38. FHWA HEC-22 Urban Drainage Design Manual (Gutter Flow Analysis). 39. FHWA HDS 7, Hydraulic Design of Safe Bridges, 2024 40. FHWA HEC-17 Highways in the River Environment – Floodplains, Extreme Events, Risk, and Resilience 41. FHWA HEC-18 Evaluating Scour at Bridges 42. FHWA HEC-20 Stream Stability at Highway Structures 43. FHWA HEC-25 Highways in the Coastal Environment 44. National Environmental Policy Act 45. Clean Water Act • Section 401 – Water Quality Certifications • Section 402 – National Pollution Discharge Elimination System (NPDES) • Section 404 – USACE Permits and Wetlands • Section 106 of the National Historic Preservation Act Massachusetts Department Of Transportation Highway Division Project No. 607349 8 46. Federal Endangered Species Act of 1973 47. American Iron and Steel Institute (AISI) 48. American National Standards Institute (ANSI) 49. American Society for Testing and Materials (ASTM) 50. American Society of Civil Engineers (ASCE) 51. American Welding Society (AWS) 52. Crane Manufacturers Association of America (CMAA) 53. International Electrical Code (IEC) 54. Occupational Safety and Health Administration (OSHA) 55. Steel Structures Painting Council (SSPC) 56. National Electrical Code (NEC) 57. National Electrical Manufacturers Association (NEMA) 58. Underwriters Laboratory, Inc. (UL) 59. Code of Federal Regulations o 23 CFR 625 – Design Standards for Highways o 23 CFR 626 – Pavement Policy o 23 CFR 630 – Preconstruction Procedures o 23 CFR 634 – Worker Visibility o 23 CFR 635 – Construction and Maintenance o 23 CFR 636 – Design-Build Contracting o 23 CFR 637 – Construction Inspection and Approval o 33 CFR Part 118.25 – Application Procedure, Approval of Lights and Other Signals Massachusetts Department Of Transportation Highway Division Project No. 607349 9 3.0 PROJECT OVERVIEW The Massachusetts Department of Transportation, Highway Division (MassDOT) is undertaking a project to replace the structurally deficient bridges carrying Route 3 (NB & SB) over North River in the towns of Norwell, Pembroke, and Marshfield, Massachusetts, with two new bridges designed for a 75 year design life with a 100-year service life. The Project will be known as Norwell, Pembroke, Marshfield Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River, Design-Build Project No. 607349. 3.1 PROJECT AREA The Project is located in the towns of Norwell, Pembroke, and Marshfield, MA. The limits of the Project extend along Route 3 from just north of the route 139 interchange and extend to the north to approximately mile mark 28.2. 3.2 PROJECT SUMMARY The Project is being advanced by MassDOT to replace the structurally deficient bridges on Route 3 (NB & SB) over North River. The Proposed Project consists of constructing two new bridges within the same general footprint of the existing structures. The proposed replacement bridges will provide a 75 year design life with a 100-year service life and meet criteria established for the proposed bridges while minimizing impacts to the environment, right-of-way, and the traveling public. The proposed bridges are each single span structures that will provide the required hydraulic clearances. The proposed work includes removing the existing bridges while constructing new foundations, abutments, and superstructure elements. The southbound bridge will be located in the current median of Route 3 to support construction stages while minimizing impacts to traffic. The northbound bridge will remain in its current location and alignment. Both bridges will be widened to provide adequate shoulder widths. The proposed work includes roadway reconstruction at each approach, drainage improvements, and landscaping. Massachusetts Department Of Transportation Highway Division Project No. 607349 10 3.3 PROJECT ELEMENTS This Project involves several engineering specialties that will support its successful design and construction. The final design and details will be the responsibility of the Design-Builder. All record plans and reports provided are for reference only. All Design-Builders acknowledge by receipt of such plans that they explicitly understand that the Design-Builder shall be required to provide a final, complete project design that is stamped, sealed and certified by their own Professional Engineer of Record for review and approval by MassDOT and possibly third parties. The Professional Engineer must be registered in the Commonwealth of Massachusetts. This scope of work is based on a preliminary design shown in the Base Technical Concept (BTC) plans to be provided to the short-listed Design-Builders. All aspects of the Project that are described below are subject to change. This section briefly describes the major infrastructure project elements and information that will need to be provided and/or considered by the Design- Builder during final design and construction. Major Project elements for this Project include but are not limited to Survey, Geotechnical, Bridge Design, Temporary Works Design, Bridge Construction and demolition, Highway Design and Construction, Stormwater Design, Traffic Engineering, Construction Mitigation and Permitting, Landscape Design and Restoration, Wetland Mitigation/Replication, Public Outreach and Coordination, and Hazardous Materials Assessment & Remediation. Below is a brief description of the major elements for the purposes of understanding the scope of services for the RFQ. Modified and/or expanded descriptions, additional details, and specifications will be provided as part of the Request for Proposals (RFP). 3.3.1 Survey The survey base plan was completed by Feldman Geospatial on January 30, 2023 and July 10, 2024 using ground survey, network RTK GPS and terrestrial scanning data acquisition equipment. Topography of the highway median was developed using available lidar data from MassGIS. Travel lanes were completed using Mobile Lidar provided by WSP USA, Inc. Additional topographic data was completed by GM2 on October 6 and October 29, 2025. The Survey Control Plans contained in the BTC will be provided to short-listed Design-Builders in Phase 2. The Design-Builder is responsible for verifying and accepting the available survey for use in preparation of completing the Final Design Documents. The Design-Builder will be required to supplement the survey base plan with any existing detail that is needed to complete the Final Design Documents. Massachusetts Department Of Transportation Highway Division Project No. 607349 11 3.3.2 Geotechnical Geotechnical Data Sheets have been prepared to show the soil/rock conditions at multiple locations within the Project limits in support of the BTC design. Additional Geotechnical Investigation will be completed by the Design-Builder. The Design-Builder will be required to prepare a Final Geotechnical Report which supports the final design prepared by the Design-Builder, including but not limited to soil profiles, earth pressures at the abutments, retaining walls, temporary lateral earth support systems and excavations, soil bearing pressures for all of the contractor means and methods of construction, foundations for bridges, temporary structures, and all other geotechnical designs required to complete the Project. The report shall be prepared by a Geotechnical Engineer licensed in the Commonwealth of Massachusetts. 3.3.3 Utility Coordination/Protection/Relocation/Abandonment Utility coordination and design plans will be the responsibility of the Design-Builder according to the MassDOT Design Phase Workflow. The Utility Design Phase Workflow is found on MassDOT’s website address: https://www.mass.gov/doc/massdot-utility-workflow-2014-design-phase-presentation- 1/download Utility work on this project includes, but is not limited to: There are no known utilities in the project site with the exception of drainage and stormwater systems. https://www.mass.gov/doc/massdot-utility-workflow-2014-design-phase-presentation-1/download https://www.mass.gov/doc/massdot-utility-workflow-2014-design-phase-presentation-1/download Massachusetts Department Of Transportation Highway Division Project No. 607349 12 3.3.4 Bridge Design, and Construction Sequencing The proposed Project BTC includes the design and construction of two bridges to replace the existing structural deficient bridges over North River. Phased construction is anticipated to maintain traffic on Route 3 NB and SB. 3.3.5 Employment of Accelerated Bridge Construction (ABC) Techniques The Design-Builder is encouraged to utilize ABC techniques to complete the work. Some techniques to be considered include precast/prefabricated elements, rapid placement and compaction of fill subbase and pavement, extended work hours (with consideration given to traffic maintenance during peak hours), additional crews and equipment, and significant coordination between all trades involved. It is noted that extreme importance is given to the completion of all work required to complete the Project, open to traffic in the final configuration within the contract duration established for this Project. It is noted that all work is to be completed within the existing Rights-of-Way (ROW). 3.3.6 Highway Design and Construction The Proposed Project includes roadway reconstruction and resurfacing along Route 3 northbound and southbound. Route 3 will be widened at each approach to match into the proposed bridge cross section. Full depth construction will be conducted immediate to each bridge approach associated with pavement milling and overlay at the areas transitioning back to existing. Other highway work includes the installation of guardrail and associated end treatments, hot mix asphalt berm, embankments and modified rock fill and improvements to the existing drainage system. . 3.3.7 Stormwater Design and Construction The Project includes the design and construction of temporary and permanent stormwater management facilities along the corridor. Permanent improvements include the design and construction of stormwater BMPs in accordance with latest Massachusetts Stormwater Management Standards. 3.3.8 Traffic Engineering 3.3.8.1 Traffic Design Within the Project limits, pavement markings and signage will be replaced or updated to conform to current standards and/or as depicted in the BTC plans. Massachusetts Department Of Transportation Highway Division Project No. 607349 13 3.3.8.2 Temporary Traffic Control Two lanes in each direction along Route 3 will be maintained at all times. Ten (10) foot outside shoulders will be required to maintain peak hour travel. Short duration lane closures to complete work during off-peak hours is anticipated. The Design-Builder will be required to design and submit temporary traffic control plans (TTCP) consistent with their final design for MassDOT approval. The Design-Builder shall be responsible for preparing TTCP design plans and documents stamped by a Professional Engineer registered in the Commonwealth of Massachusetts. 3.3.9 Wetland Mitigation/Landscape Restoration This Project includes landscape design for site restoration in areas disturbed by construction and staging activities throughout the corridor. Permanent impacts to existing wetlands located in the median due to the realignment of Route 3 southbound will be replicated accordingly throughout the corridor. Wetland replication with landscape restoration is also included in the Project. 3.3.10 Environmental Permitting The Project requires work within North River which is regulated as Waters of the US subject to protection under Section 401 and 404 of the Clean Water Act. Approval of the BTC will be obtained from the Massachusetts Department of Environmental Protection (DEP) under a 401 Water Quality Certification (WQC) and from the U.S. Army Corps of Engineers under General Permit 23 (GP 23) of the Massachusetts General Permits. MassDOT will be securing all necessary environmental permits for the BTC design. The Design-Builder will be responsible for adhering to all permit conditions. Due to the presence of anadromous fish species within North River, Time of Year (TOY) restrictions have been established by the Massachusetts Division of Marine Fisheries (DMF) and the National Marine Fisheries Service (NMFS) which prohibit silt and noise producing activities within the River. The Design-Builder is responsible for complying with the TOY established for the Project Limits throughout construction. An NPDES Permit will be the responsibility of the Design-Builder. Copies of the applications and the permits will be provided electronically to the short-listed Design-Builders during the RFP phase. The Design-Builder will be responsible for minimizing impacts to environmental resource areas. The Design-Builder will be responsible for adhering to all General and Special Conditions contained within the environmental permits. If the Design-Builder proposes any changes to the design or construction impacting resource areas, the Design-Builder will be responsible for obtaining necessary permit amendments and regulatory approvals. Massachusetts Department Of Transportation Highway Division Project No. 607349 14 3.3.11 Construction Mitigation and Permitting The Design-Builder will be responsible for obtaining all construction-related permits and coordinating with Local Municipalities. The Design-Builder will be responsible for all mitigation commitments and permit conditions established in the aforementioned permits and approvals. In addition to those items already mentioned herein, this includes but is not limited to: • Construction noise mitigation will be required where construction noise exceeds allowable thresholds in the project area. Additional details on these limitations will be provided in the RFP. A full list of these requirements will be provided in Phase 2. 3.3.12 Right of Way Any temporary easements proposed by the Design-Builder to facilitate construction shall be the responsibility of the Design- Builder. Any new takings shall require an approved ATC and will be the Design-Builder’s responsibility. 3.3.13 Public Outreach and Coordination MassDOT has separately engaged the service of a public engagement consultant. The Design-Builder will work closely with the agency and this consultant to communicate Project information and engage the public. The Design-Builder will have an important role in public involvement and shall support MassDOT and its consultant by supplying the necessary content for public facing presentations, webpage updates, and any other media required for communicating Project information to all interested parties. The Design-Builder public involvement activities shall include, at minimum: • Assign a dedicated member of the project staff to work with MassDOT’s public engagement consultant to support public outreach activities through design and construction. • Attend meetings and briefings as needed. The Design-Builder will be responsible for providing content relative to the most current design, construction and traffic staging information available, for MassDOT review, in order for timely updates of the Project website by MassDOT. 3.3.14 Hazardous Materials Assessment & Remediation The Project involves soil excavation to allow for construction of components of the bridges, roadway, temporary works, and other facilities within the project limits. The Design-Builder will be responsible for assessment of excavated materials and proper handling and disposal. Massachusetts Department Of Transportation Highway Division Project No. 607349 15 3.3.15 Incentive / Disincentive Clauses MassDOT may propose an Incentive and Disincentive (I/D) clause for certain milestones of this Project. Details and definitions of the milestones and the I/D clause will be provided in the RFP for the short-listed Design-Builders. 3.3.16 Adjacent Projects During the construction phase of the Project, the Design-Builder shall be required to coordinate the Design-Builder’s efforts with local and government agencies, community groups, adjacent landowners, utility companies, MassDOT and municipal projects. Massachusetts Department Of Transportation Highway Division Project No. 607349 16 4.0 INSTRUCTIONS 4.1 SOQ SUBMISSION, DEADLINE, AND LOCATION INSTRUCTIONS Statements of Qualifications submitted in response to this RFQ must be received by MassDOT, no later than the time and date specified in Section 1.2: Schedule of Events. SOQs must be addressed to: Eric M. Cardone, P.E., Construction Contracts Engineer MassDOT – Highway Division Ten Park Plaza, Room 7874 Boston, MA 02116 (857) 368-9524 ATTN: Laura Montiel, Design-Build Project Manager Each Proposer Team’s POC shall request a secured link from MassDOT, 72 hours in advanced of the SOQ submission due date; to the following email address massdotspecifications@dot.state.ma.us. NORWELL-PEMBROKE-MARSHFIELD Design- Build Project No. 607349 SOQ Secured Link Request is to be placed in the subject line. In the body of the email request, the POC may request up to two (2) additional email addresses to which the secured link shall be sent. The MassDOT supplied secured link will be utilized for all confidential transmissions between the Proposer and MassDOT for the duration of the procurement. Late submissions will not be accepted. Delivery of the SOQ shall be at the Proposer’s expense. The time of receipt shall be considered when the SOQ has been officially documented by MassDOT, in accordance with its established policies, as having been received at the location designated above. MassDOT 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 Proposer’s transmitting location, at MassDOT’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 Proposer cannot complete and submit an RFQ due to failure or incomplete delivery of the files submitted via the Internet. Submissions received after the time and date specified in Section 1.2: Schedule of Events deadline shall be considered non-responsive. All SOQs submitted in response to this RFQ must consist of one electronically signed copy in searchable PDF format of the SOQ, including all required attachments, and must be accompanied by an e-signed Design-Builder Statement of Qualifications Transmittal Form pursuant to M.G.L. c. 110G, § 2. mailto:massdotspecifications@dot.state.ma.us Massachusetts Department Of Transportation Highway Division Project No. 607349 17 Unauthorized communications or contact between Proposers, their employees, agents, or other related entities interested in submitting SOQs and MassDOT and any other person or entity participating on the Prequalification Committee or Selection Committee with regard to this Project are strictly prohibited. The only authorized communications shall be inquiries to the MassDOT Contact Person for this Project (identified in Section 1.3 of the RFQ) for general information about SOQ submission deadlines, issues or questions for clarification through addenda and the existence of any relevant addenda to the RFQ. Any questions or issues brought to MassDOT’s attention that MassDOT determines require additional clarification will be addressed by issuing a written addendum. All questions or issues for clarification and addendum acknowledgements must be submitted to massdotspecifications@dot.state.ma.us for this RFQ by email as specified in Section 1.2, Table 1 in order to provide sufficient time for development and distribution of a response. In the request, please indicate the project number and municipality in the subject line. MassDOT will email addenda only to Proposers. It shall be the sole responsibility of the Proposer to ascertain the existence of any and all addenda issued by MassDOT. Oral and other clarifications not issued through an addendum will be without legal effect. All addenda will be considered part of this RFQ, and the Design-Builder shall be required to acknowledge receipt of all addenda through the SOQ Transmittal Form attached hereto. From the date of issuance of the RFQ, any Proposer that initiates or participates in any unauthorized communication directly or indirectly with any member or employee of MassDOT or any member of the Selection Committee or Prequalification Committees in connection with the selection process or the contract contemplated herein for this Project, is subject to disqualification. 4.2 SOQ SUBMISSION REQUIREMENTS Proposers must, through their submission, demonstrate their ability to perform the scope of services required for this Project on budget, on schedule, and in a manner consistent with industry Quality Assurance (QA) standards. Prior successful completion of projects in similar scope and magnitude is of significant importance. Proposers must demonstrate combined design and construction qualifications and prior experience to be considered for this procurement. As a result, the Proposers must satisfy the MassDOT A&E Board Pre-Qualification requirements and MassDOT Construction Contractor Pre-Qualification requirements detailed below. mailto:massdotspecifications@dot.state.ma.us Massachusetts Department Of Transportation Highway Division Project No. 607349 18 4.2.1 A&E Board Pre-qualification All Proposers must have a Major Participant that is prequalified by the MassDOT Architects and Engineers Review board in the areas of: • Complex Roadway Design • Complex Bridge Design and Rating Instructions, forms and necessary materials for A&E Board pre-qualification are available on the MassDOT website at: https://www.mass.gov/prequalification-of-architectural-engineering-firms If not currently prequalified in the above-listed categories, an interested Major Participant of a Proposer must submit all required materials, including an ADM-016 Prequalification Form, to the A&E Board by the date specified in Section 1.2 Schedule of Events. The audit portion of the A&E prequalification requirement is waived for this procurement. If MassDOT assigns a prequalification rating to any firm which has not fulfilled the audit portion for the prequalification requirements, such ratings shall only be valid for this Design-Build procurement. Pre-qualification by the A&E Board must be completed at the time of submission of the SOQ. Failure to do so will result in MassDOT rejecting the Proposer’s SOQ. Pending applications will not be accepted. Expired prequalification letters will not be accepted. Appendix B contains the listing of forms located on the web site listed above. 4.2.2 MassDOT Construction Contractor Pre-Qualification All Proposers submitting Statements of Qualifications are required to have at least one Major Participant (see Appendix A: Definitions) that is pre-qualified by MassDOT in the BRIDGE – CONSTRUCTION category with a Single Contract Limit (SCL) of at least $103,050,000.00. Each individual member of a Design-Build Joint Venture (JV) does not have to be prequalified in Bridge - Construction with an SCL of $103,050,000.00. However, JV Partners who are prequalified in Bridge - Construction can combine their individual SCLs to satisfy the $103,050,000.00 SCL requirement (Per 720 CMR 5.00) The required documents, instructions and materials are available on the MassDOT website at: https://www.mass.gov/prequalification-of-horizontal-construction-firms If not currently prequalified, an interested Major Participant of a Design-Builder must submit an application for prequalification. Pre-qualification by the Construction Prequalification Committee must be completed at the time of submission of the SOQ, inclusive of an approved waiver request to the Construction Prequalification Committee to participate in this Project without the necessary Single Contract Limit. https://www.mass.gov/prequalification-of-architectural-engineering-firms https://www.mass.gov/prequalification-of-horizontal-construction-firms Massachusetts Department Of Transportation Highway Division Project No. 607349 19 All Proposers desiring to submit a Statement of Qualifications for this Project must submit an active Prequalification Certificate from the Contractor Prequalification Office. Prequalification Certificates must be submitted with the Statement of Qualifications. SOQs submitted without the Certificate will be considered non-responsive. Requests for Official Proposal Forms (R-109s) are not required to be submitted with the SOQ. All Proposers seeking to participate in the procurement as a Joint Venture must receive approval for the Joint Venture from the Contractor Prequalification Committee. This approval must accompany the Statement of Qualifications at time of submission. Appendix C contains a listing of forms available on the web site listed above. 4.2.3 Overview of the SOQ Interested Proposers are requested to submit a well-defined package outlining historical information related to capabilities, experience, and past performance on specific issues pertinent to the Design-Build Project. Design-Builder team organization, Key Project Team Members, and individual team history are required. The evaluation criteria and scoring system are outlined in Section 5.1 of this RFQ. 4.2.4 SOQ Format The SOQ shall be organized in the following format: • The SOQ shall be submitted electronically, when viewed electronically and printed on white paper with dimensions of 8.5 by 11 inches, has right and left margins of one inch. Some exceptions for paper size are provided below. • The SOQ shall use Times New Roman font with a minimum size of eleven. o Use of different size fonts and an 11x17 inch paper are permitted for section headers, captions, tables, figures, and/or graphics, provided text is legible when printed and when viewed electronically. The 11” by 17” size layout will be counted as one page. o An alternate text with background colors are permitted within graphics and callout or text boxes; provided the text/color layout is legible when printed and when viewed electronically • The SOQ shall adhere to a maximum page limit of 25 pages, not including Mandatory Disclosure Forms, section dividers or resumes, in response to this RFQ. • Each page of the SOQ shall include a page number of total pages and identification of the Proposer in the page footer. Massachusetts Department Of Transportation Highway Division Project No. 607349 20 4.2.5 SOQ Organization SOQs shall be submitted in the format outlined below. To be considered, the SOQ shall respond to all requirements in this part of the RFQ. The required sections of the SOQ are: • Title Page (will not count towards the 25-page limit) • MassDOT Letter of Transmittal for this Project (will not count towards the 25-page limit) • Statement of A & E Board and Construction Prequalification (Certificate of Approval) (will not count towards the 25-page limit) • Statement of Affidavit to enter into Project Labor Agreement (PLA) • Section 1: Corporate Qualifications • Section 2: Management Summary • Section 3: Relevant Experience • Section 4: Mandatory Disclosure Forms (will not count towards the 25-page limit) The requirements for each SOQ section are detailed within this RFQ. The requirements include information that must be included in each SOQ response section which will, with the exception of Section 4, count toward the 25-page limit. Section dividers are not considered part of the 25-page limit but a Table of Contents is. Descriptions of public projects must be provided as part of Section 3, and a list of public projects, if set forth in an appendix, will not be considered part of the 25-page limit. Resumes may be provided in an appendix that will not be considered part of the 25-page limit. Include resumes for the Project Manager and Key Personnel and other Project Team members identified in the Organization Chart and any supportive technical information. MassDOT Letter of Transmittal The Proposer’s SOQ shall include an executed Letter of Transmittal e-signed by an individual(s), authorized to bind the prospective Design-Builder contractually. The Proposer shall use the Letter of Transmittal attached to this RFQ. The Letter of Transmittal is all that is required for transmittal of the SOQ and will not be counted towards the 25-page limit. Any other cover letter submitted will be considered part of the 25-page limit. Statement of A & E Board and Construction Prequalification The prospective Design-Builder shall include a statement regarding current prequalification status by both the A & E Board and the Construction Prequalification Committee. The statement should indicate which Major Participant firms currently have (or have applied for and will receive by the submission date for the SOQs) the requisite prequalification. Prequalification letters are not considered part of the 25-page limit. Prequalification letters may be reduced in size and combined onto one sheet in the submission. Massachusetts Department Of Transportation Highway Division Project No. 607349 21 Statement of Affidavit for Project Labor Agreement The Proposer’s SOQ shall include an affidavit e-signed by an individual(s), authorized to bind the prospective Design-Builder contractually. The affidavit shall include a statement affirming the Proposer will enter into Project Labor Agreement (PLA) if deemed appropriate by MassDOT. The Affidavit is not considered part the 25-page limit. Section 1: Corporate Qualifications • Identify the proposed organization and role of each member firm of the Proposer on this Project. Identify the reporting and financial relationships of Joint Ventures. (Note: All Joint Ventures must be pre-approved). • Include a summary overview of the corporation. • Outline each Major Participant’s approach to safety and risk management. • Outline each Major Participant’s QA procedures and policies. • Provide a high-level description of each Key Project Team Member’s and each Major Participant’s organization, major business areas, and staff size. • List existing workload and contracted commitments of all Key Project Team Members and Major Participants of the Proposer. It is acceptable to provide a total value of contract backlog for Each Major Participant in the SOQ and include a detailed listing in an Appendix. • Provide a brief statement as to Major Participants’ present standard insurance coverage or self-insurance program. • As detailed in Section 4.9.8 Conflict of Interest provide a completed MassDOT Disclosure Form, included in Appendix D, for a determination for a potential conflict of interest for Participants per Section 4.9.8 or a written certification that none exists. Section 2: Management Summary • Assign and identify a full-time Project Manager as well as all other Key Personnel. • Provide summary biographies for the Project Manager and Key Personnel. Include an organizational chart showing the Key Personnel who are being proposed to be in charge of the day-to-day work on the Project. (Key Personnel include the key persons in charge of construction, design, inspection, and testing.) Identify if the Key Personnel will be co- located at the Project office full-time or part-time. The use of 11x17 inch paper for this section is acceptable so long as text is legible when printed and when viewed electronically. Massachusetts Department Of Transportation Highway Division Project No. 607349 22 • At a minimum, the Key Personnel performing the function listed below shall be identified: Project Manager Quality Control Administrator The QC Administrator shall possess, at a minimum, a B.S. in Civil Engineering and be a Registered Professional Engineer currently licensed in the Commonwealth of Massachusetts and shall have a minimum of ten (10) years of experience in transportation design or construction. The QC Administrator shall be a certified NETTCP Quality Assurance Technologist. Design Quality Control Manager The Design QC Manager shall be a Civil Engineer with, at a minimum, a B.S. in Civil Engineering and be a Registered Professional Engineer currently licensed in the Commonwealth of Massachusetts with experience on Design-Build and/or accelerated construction projects and with a minimum ten (10) years of experience in highway and bridge design. The Design QC Manager shall be a certified NETTCP Quality Assurance Technologist. Design Manager Lead Structural Engineer Lead Roadway Engineer Lead Geotechnical Engineer Construction Manager Construction Quality Control Manager The Construction QC Manager shall be an Engineer with, at a minimum, a B.S. in Engineering and shall have experience on Design-Build and/or accelerated construction projects and with a minimum ten (10) years of experience in transportation infrastructure construction. In lieu of a B.S. in Engineering, the Construction QC manager shall have an additional five (5) years of management or materials testing experience in highway bridge construction. The Construction QC Manager shall be certified as a NETTCP QA Technologist. Construction Superintendent Environmental Compliance Manager (Construction) The Environmental Compliance Manager shall be an environmental practitioner with a minimum of ten (10) years of experience in construction compliance for complex roadway and bridge projects. Massachusetts Department Of Transportation Highway Division Project No. 607349 23 **Note: In Phase 2 of the Procurement, the short-listed Proposers shall submit a Fabrication Quality Control Manager as Key Personnel. The Fabrication Quality Manager shall be a Certified Welding Inspector with bridge fabrication experience, responsible for approving fabrication procedures for MassDOT acceptance. The Fabrication Quality Manager shall be independent from the MassDOT Consultant Inspector assigned to the Project’s fabricator(s). Further details to be provided in RFP Volume II. • Identify where these personnel will be physically located during the time they are engaged in the work. • Indicate the responsibilities that the Project Manager and other Key Personnel will have in this Project and how long each has been with each firm organization. • Identify differing work locations and address coordination between Subcontractors, and the project management controls to be used to ensure proper communications and work flow needed to maintain the Project schedule and budget. • Include information detailing the organization’s Quality Assurance program, managerial approach to support this project, any process tools that will be utilized during this effort and the scheduling approach and tools that will be utilized within this effort. • Describe the reporting structure within each key participant of the team as well as for the team as a whole. • Identify past experience in dealing with project risk issues that are similar in nature to ones that may be present on this Project. • Identify specifically how management will be involved in schedule issues and past practices employed to both manage schedule risk and recover lost time. • Identify joint experience of key personnel in similar roles and their methods of team coordination. If a Proposer believes that any change to any Key Personnel or Major Participants identified in its Statement of Qualifications is warranted after the deadline for submission of Statements of Qualifications (SOQ) and prior to the scheduled deadline for MassDOT evaluation of Statements of Qualifications, due to intervening event, the Proposer shall notify MassDOT in writing of the proposed changes. The Proposer shall not be able to change Key Personnel or Major Participants listed in its SOQ without the prior written consent of MassDOT. The Proposer acknowledges MassDOT will rely upon the Proposer’s identification of Key Personnel and Major Participants in evaluating the Proposer’s SOQ. In the event that any of the Persons listed as Key Personnel are proposed to be removed but remain employed by the Proposer or a Subcontractor, then the Proposer shall provide MassDOT with a written explanation for such removal to be approved by MassDOT, whose approval shall not be unreasonably withheld. Key Personnel positions shall remain filled for the duration of the Project. Massachusetts Department Of Transportation Highway Division Project No. 607349 24 • In addition to the key personnel listed above, the Proposer shall also identify the following Project Team Members in their SOQ organizational chart: Lead Traffic Engineer Traffic Control Supervisor The TCS will be the Responsible Person in Charge of the project work site relative to all design and/or setup and maintaining temporary traffic control in the work zone. The TCS shall be certified by the American Traffic Safety Services Association (ATSSA) and shall have completed the Traffic Control Technician training as a prerequisite for the Traffic Control Supervisor training and meet all the minimum TCS certification requirements of the ATSSA Certification Board. The TCS certification must be current and remain current for the duration of the Project Environmental Permitting Manager (Design) The Environmental Permitting Manager (Design) will be responsible in overseeing the completion and adherence to permits and regulatory guidelines for the impacts associated with the Project. The Environmental Permitting Manager shall be an environmental practitioner with a minimum of ten (10) years of experience in the design permitting and construction of complex roadway and bridges. Safety Compliance Hydraulic Engineer Public Outreach Liaison MassDOT is retaining the services of an independent outreach consultant. The Design-Builder shall identify a Public Outreach Liaison to interface with the MassDOT outreach consultant. The responsibilities of the Public Outreach Liaison shall include but are not limited to providing timely, accurate information needed for regular and stand-alone updates to the public, answer questions which come in from Public Officials/community members, and to relay complaints and/or concerns regarding dust, noise, traffic or other issues pertaining to the project. Document Control Engineer Project Scheduler Civil Rights Compliance Manager The Design-Builder’s designated person who is working under the direction of the Project Manager shall be responsible for monitoring all Civil Rights Compliance requirements and achieving the EEO goals described in the contract documents. Massachusetts Department Of Transportation Highway Division Project No. 607349 25 Section 3: Relevant Experience • Detail the project experience of the Proposer’s Team Members. This should include individual Proposer’s Team Members past experience with Design-Build and/or Design- Bid-Build projects of similar type and magnitude. • Provide a complete list of ALL public projects by all Design-Builder’s JV Team Member firms and Major Participants, including Lead designer firm for the prior (3) years. Listing of public projects and other design professionals need not be provided. Provide a brief description of the work performed, the value of the work, the date completed/expected to be completed and a contact person. Submission of this information is NOT optional. The information can be provided in tabular format and placed in an appendix that will not be considered part of the 30-page limit. The project listing must be complete and cannot be limited by category, project value or location. • Provide a minimum of two (2) summary descriptions of projects similar in scope and capabilities/complexity in construction which has been completed in the last twelve (12) years for each Proposer’s Major Participant (construction) Team Member that have similar roles to those proposed for this Project. If the Project is not a MassDOT Project, provide a contractor performance evaluation and/or a reference from the Owner and a contact person for each of these projects. • The Proposer’s Major Participant (construction) Team Member shall have a MassDOT Construction prequalification single class limit in the applicable category of work equal to or greater than the estimated project value or a submitted approved waiver to Bid. • Provide a minimum of two (2) summary descriptions of projects similar in scope and capabilities/complexity to this Project in design which has been completed in the last twelve (12) years for each Major Participant (design) Proposer member that have similar roles to those proposed for this Project. If the Project is not a MassDOT Project, provide a consultant performance evaluation and/or a reference from the Owner and a contact person for each of these projects. • Provide a minimum of two (2) summary descriptions of projects similar in scope and capabilities/complexity to this Project which has been completed in the last twelve (12) years for the proposed Project Manager for this Project including their Construction responsibilities and any Design responsibilities. If the Project is not a MassDOT Project, provide a performance evaluation and/or a reference from the Owner, and a contact person for each of these projects. • Provide a minimum of two (2) summary descriptions of projects similar in scope and capabilities/complexity to this Project which has been completed in the last twelve (12) years for the proposed Construction Quality Control Manager for this Project including their Quality Control responsibilities. If the Project is not a MassDOT Project, provide a performance evaluation and/or a reference from the Owner. • Discuss the keys to success for these projects. Note: Relevant experience may include current projects provided that they are substantially complete in advance of NTP. Massachusetts Department Of Transportation Highway Division Project No. 607349 26 The use of 11x17 inch paper is acceptable for the summary descriptions. Each project description shall include: 1. An overview of the project covering type of client, objective, project scope, role of the firm and outcome; 2. Past experience in Design-Build and/or Design-Bid-Build design and construction; 3. Description of Complex bridge design (superstructure and substructure) and construction sequencing including structures over navigable waterways, and marine construction; 4. Description of Geotechnical investigation and coordination and implementation into the design and construction; 5. Description of implementation of Traffic Management Plans; 6. Description of environmental permitting, compliance, mitigation or other environmental requirements or considerations; 7. Description of municipality coordination; 8. Description of experience with hazardous materials assessment and remediation; 9. Description of experience with reducing project schedule durations; 10. Project performance measures including proposed cost, actual project cost, proposed project schedule and actual project schedule; 11. Names and contact information (name, title, address, and current telephone number) for one or two references from the client. Please be sure that all contact information is current; 12. Type of project (design, Design-Build, Design-Bid-Build…); 13. Date of project acceptance; Massachusetts Department Of Transportation Highway Division Project No. 607349 27 Section 4: Mandatory Disclosure Forms Please be advised that the submission of the Mandatory Disclosure forms identified below is NOT optional for any Major Participant including the lead designer. Failure to provide this information may result in the SOQ being deemed Non-responsive. The Design-Builder and any Major Participant must provide the Mandatory Disclosure forms as part of the SOQ. Failure to complete these forms as instructed will be grounds for disqualification. 1. Terminations and Legal Proceedings: Each Design-Builder’s Major Participant must complete Schedule A attached to the RFQ below. On Part A of Schedule A, Design- Builders are required to list each and every project on which the firm was terminated or failed to complete the work within the past seven (7) years. On Part B of Schedule A, Design-Builders are required to list each and every conviction or fine incurred by the Design-Builder firm or any of its principals for violations of any state or federal law within the past seven (7) years; and, a complete list of any and all legal proceedings, administrative proceedings and arbitrations whether currently pending or concluded within the past five (5) years ((ten (10) years for litigation or legal proceedings that involving allegations against the firm of false claims, fraud or malpractice)) involved a construction project or a construction contract in which the Design-Builder firm was a named party. Attach additional sheets if necessary. On Part C of Schedule A, Design-Builders are required to list any outstanding compliance or other agreements which relate to the procurement or performance of any public or private construction contract which, if unfulfilled, would preclude the firm’s participation in public works projects. 2. Safety Record: Each Design-Builder’s Major Participant must provide its experience modifier for the past three (3) years by writing it on Schedule B of the RFQ and each Major Participant must attach to Schedule B documentation from its insurance carrier of its Workers’ Compensation Experience Modifier for the past three years. 3. Letter from Surety Company Evidencing Bonding: The Design-Builder must attach to Schedule C of the SOQ a letter from a surety company that is licensed to do business in the Commonwealth and whose name appears on United States Treasury Department Circular 570, on the surety company’s letterhead (or a letter from a surety agent with attorney in fact authority and an original power of attorney accompanying the letter) confirming that it will provide the Design-Builder with payment and performance bonds on the Project in an amount equal to or greater than 100 per cent of the estimated construction cost of the Project. This letter can either reference the Design-Builder’s bonding or separate letters for each Major Participant may be submitted. 4. Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters: The Design-Builder must attach a completed Schedule D. 5. Surety references for the Design-Builder or each Major Participant. 6. A copy of an approved Affirmative Action Certificate or a copy of the letter transmitting the Affirmative Action plan to the MassDOT Office of Diversity and Civil Rights as provided in Section 4.9.4. Massachusetts Department Of Transportation Highway Division Project No. 607349 28 4.3 RFQ AMENDMENT MassDOT reserves the right to amend this RFQ at its discretion prior to the SOQ submission deadline. In the event of an amendment to this RFQ, MassDOT, at its sole discretion, may extend the SOQ submission deadline as it deems appropriate. MassDOT will provide individual notifications to firms that have submitted an LOI within this procurement. 4.4 PROPERTY OF MASSDOT All material received in response to this RFQ shall become the property of MassDOT and will not be returned to the Design-Builder with the exception of confidential financial information which electronic file will be deleted upon request, and upon completion of both phases of this Procurement. 4.5 CONFIDENTIALITY OF SOQ All SOQs will remain confidential until the time of Contract Award or cessation of this procurement. 4.6 PUBLIC DISCLOSURE All financial information, trade secrets or other information customarily regarded as confidential business information shall not be deemed to be public information and shall remain confidential to the extent permissible under current law. The Design-Builder shall clearly watermark all material “CONFIDENTIAL”. 4.7 NON-COMMITMENT Notwithstanding any other provision of this RFQ, this RFQ does not commit MassDOT to award a contract. MassDOT reserves the right, at its sole discretion, to reject any and all SOQs, or any portions thereof, at any time; to cancel this RFQ; and to solicit new SOQs under a new acquisition process. 4.8 SOQ PREPARATION COSTS By submitting the SOQ, the Proposer agrees that in no event shall MassDOT be either responsible for or held liable for any costs incurred by a Proposer in the preparation of or in connection with the SOQ, or for work performed prior to the Effective Date of a resulting contract. Massachusetts Department Of Transportation Highway Division Project No. 607349 29 4.9 NOTICE TO DESIGN-BUILDERS 4.9.1 Location Design-Builders submitting proposals in response to this RFQ must have an established, fully staffed office or be willing to establish a Project office within approximately one (1) mile of the Project. 4.9.2 Bonding The selected Design-Builder shall be bonded for 100% of contract costs prior to Contract execution. 4.9.3 Teaming Agreements This procurement requires written approval from MassDOT prior to the Design-Builders substituting, replacing, deleting, or adding team members after the SOQ is submitted. MassDOT reserves the right to reject any and all requests at its sole discretion. 4.9.4 Affirmative Action/Equal Employment Opportunity (AA/EEO) A. Consultants and Subconsultants of the selected Design-Builder with 50 or more employees and expected to perform services valued at $50,000 or more are required to have an Affirmative Action Plan for the current year on file with MassDOT. The plan must comply with the provisions of 41 C.F.R. Part 60-2. Affirmative Action Plans can be submitted to MassDOT Office of Diversity and Civil Rights for review before submission of the SOQ. As part of the SOQ, the Proposer’s Design Consultant Team Members are required to supply a copy of an approved Affirmative Action Certificate or a copy of the letter transmitting the plan to the MassDOT Office of Diversity and Civil Rights. B. Consultants and Subconsultants of the selected Design-Builder with less than 50 employees and expected to perform services valued at $50,000 or more are required to submit the firm’s Affirmative Action Policy. Address questions regarding AA/EEO requirements and/or request to renew affirmative action certificates to: Ms. Ana Bresciani Massachusetts Department of Transportation Office of Diversity and Civil Rights (ODCR) 10 Park Plaza, Suite 3800 Boston, MA 02116-3973 Telephone: (857) 368-8636 Email: MassDOTAffirmativeActionCert@dot.state.ma.us mailto:MassDOTAffirmativeActionCert@dot.state.ma.us Massachusetts Department Of Transportation Highway Division Project No. 607349 30 4.9.5 Reserved for Future Use 4.9.6 Nondiscrimination The selected Design-Builder shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of Subcontractors, including procurement of materials and leases of equipment placed under the contract. The selected Design-Builder and their respective Subcontractors shall assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age, or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training. In the event of the Design-Builder’s noncompliance with the nondiscrimination requirements stipulated by the Required Contract Provisions this will be considered a material breach of this Contract and may result in the termination or suspension of the contract, in whole or in part, or such sanction or remedy deemed appropriate by the MassDOT, as provided by law, rule or regulation. The Design-Builder shall insert these stipulations, as contained in the Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. 4.9.7 Insurance and Risk Management Prior to Contract Award, the Design-Builder shall indicate methods of complying with the liability and insurance requirements of the Design-Build Contract Standard Provisions. Section 4.2.5, Section 1: Corporate Qualifications, of the RFQ requires a brief statement as to Major Participants’ present standard insurance coverage or self-insurance program. 4.9.8 Conflict of Interest This Organizational Conflict of Interest Guidance (“Guidance”) has been developed by the Massachusetts Department of Transportation (“MassDOT”) with respect to future participation by entities and individuals who intend to or who may participate (“Participants”) on the NORWELL- PEMBROKE-MARSHFIELD: Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River, Design-Build Project No. 607349 (“Project”), which is being funded in whole or in part by the Federal Highway Administration (“FHWA”). This guidance was developed to further MassDOT’s aim and objective in maximizing competition and ensuring fairness amongst entities and individuals competing for work on the Project. The FHWA requires that MassDOT, as a recipient of FHWA funding, conducts its procurements in a manner that provides for full and open competition in accordance with 49 U.S.C. §5325(a). This Guidance will also facilitate the protection of MassDOT’s interests and confidential and sensitive Project information as well as assist Participants in making informed business decisions. Massachusetts Department Of Transportation Highway Division Project No. 607349 31 MassDOT is utilizing a design build procurement process under M.G.L. Chapter 149A (“Procurement”). MassDOT has conducted a review of applicable laws, regulations, guidance, policies and contract terms to determine whether a conflict of interest or the appearance of a conflict of interest would preclude an entity or an individual from participating in the contractor procurement. This guidance will set forth the basis for these determinations and the process by which it will be decided whether certain entities and individuals will be precluded. For the purpose of this Guidance, any reference to a conflict includes organizational conflicts of interest as well unless specifically stated otherwise. 4.9.9 Applicable Laws, Regulations, Guidance, Policies and Contract Terms 4.9.9.1 Criteria for Reviewing Potential Conflicts of Interest Generally, MassDOT will apply the following criteria in reviewing a potential conflict of interest: a. Lack of Impartiality. When the Contractor is unable, or potentially unable, to render impartial assistance or advice to MassDOT due to other activities, relationships, contracts, or other circumstances; b. Impaired Objectivity. When the Contractor’s objectivity in performing the Contract work is or might be otherwise impaired due to other activities, relationships, contracts, or other circumstances and; c. Unfair Competitive Advantage. The Contractor has an unfair competitive advantage. Based on the above criteria, a designer, programmer, consultant or key subconsultant that performs a feasibility study, master plan or program for a project is ineligible for a subsequent appointment or employment to perform design development services for that project, unless sound reasons in the public interest otherwise dictate. 4.9.9.2 Federal Law Under Federal law, recipients of aid from the United States Department of Transportation (“DOT”) must conduct procurements in a manner that provides “full and open competition as determined by the Secretary.” 49 U.S.C. §5325(a). The Office of Management and Budget regulations applicable to procurements by third-party grantees of DOT provide that “contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements,” and list organizational conflicts of interest as among “the situations considered to be restrictive of competition.: 2 C.F.R. §200.319(a). Massachusetts Department Of Transportation Highway Division Project No. 607349 32 Additionally, 23 CFR § 636.116 provides in part: (1) Consultants and/or sub-consultants who assist the owner in the preparation of a RFP document will not be allowed to participate as an offeror or join a team submitting a proposal in response to the RFP. However, a contracting agency may determine there is not an organizational conflict of interest for a consultant or sub-consultant where: (i) The role of the consultant or sub-consultant was limited to provision of preliminary design, reports, or similar “low-level” documents that will be incorporated into the RFP, and did not include assistance in development of instructions to offerors or evaluation criteria, or (ii) Where all documents and reports delivered to the agency by the consultant or sub- consultant are made available to all offerors. 4.9.9.3 State Law Certain state statutory provisions are applicable to this Guidance. The participation of certain contractors and individuals are restricted by M.G.L. Chapter 268A, the Massachusetts Conflict of Interest Law. M.G.L. Chapter 30, §39M1/2 and M.G.L. Chapter 149A, §151/2 require that the owner’s representative for a project by wholly independent of the designer, general contractor or any subcontractor involved in the project. Under M.G.L. Chapter 149A, §18: “The design professional retained to provide technical assistance and consulting services to the awarding authority shall not be eligible to participate in any way as a member of the design build entities competing for the award of the design-build contract.” 4.9.9.4 MassDOT Contracts and Other Requirements Subsection 2.08 of MassDOT’s standard terms and conditions for Consultant Contracts provides: The Consultant is advised that its performance of work for MassDOT may, at any time, raise questions about real or perceived conflicts of interest because of the Consultant's relationship to other entities or individuals, including without limitation: (1) private and public owners of properties that abut or may be affected by the Project, and/or (2) other state-created entities with potentially conflicting interests and/or concerns. https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=806b47a2f093f2efb7c8abec97f9f04e&term_occur=999&term_src=Title:23:Chapter:I:Subchapter:G:Part:636:Subpart:A:636.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=806b47a2f093f2efb7c8abec97f9f04e&term_occur=999&term_src=Title:23:Chapter:I:Subchapter:G:Part:636:Subpart:A:636.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0f1bbed6698362726cbe8417ea989174&term_occur=999&term_src=Title:23:Chapter:I:Subchapter:G:Part:636:Subpart:A:636.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=62b04420020443c4c1852d35302abb88&term_occur=999&term_src=Title:23:Chapter:I:Subchapter:G:Part:636:Subpart:A:636.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=588972a09ed0b48da030ab73b8b91207&term_occur=999&term_src=Title:23:Chapter:I:Subchapter:G:Part:636:Subpart:A:636.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=588972a09ed0b48da030ab73b8b91207&term_occur=999&term_src=Title:23:Chapter:I:Subchapter:G:Part:636:Subpart:A:636.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=806b47a2f093f2efb7c8abec97f9f04e&term_occur=999&term_src=Title:23:Chapter:I:Subchapter:G:Part:636:Subpart:A:636.116 Massachusetts Department Of Transportation Highway Division Project No. 607349 33 Conflicts may also arise as a result of the Consultant's role at an earlier stage of a project. If the Consultant's role at an earlier stage was significant, e.g., it included assistance in the development of instructions to bidders, detailed cost estimates, project schedules, evaluation criteria or other key documents and information that assisted MassDOT in determining the scope, budget or schedule of the Project, or in choosing among design alternatives or design firms, the Consultant may be precluded from participation in the Project at a later stage. All potential conflicts must be disclosed to MassDOT and MassDOT will determine whether or not the Consultant may be awarded a contract or assignment. The Consultant agrees to certify from time to time, in a form approved by MassDOT, that in connection with its work, it is in full compliance with the provisions of Chapter 268A of the Massachusetts General Laws, and any other applicable conflict of interest laws. 4.9.9.5 Criteria for Determining Conflicts of Interest The following rules are applicable to the Procurement with respect to conflicts of interest. In some cases, entities may be subject to more than one of these rules: a. Entities that are unable or potentially unable to provide impartial assistance to the MassDOT, or whose objectivity in performing the contract is or might be otherwise impaired, due to other activities, relationships, contracts, or circumstances. b. Entities that have an unfair competitive advantage including through access to non-public information which information cannot be made public or the unfair advantage otherwise cured. c. Entities that performed a feasibility study, master plan or program for the Project are ineligible to perform design development services unless MassDOT determines in its sole discretion that sound reasons in the public interest otherwise dictate. d. Entities that have developed or drafted specifications, requirements, statements of work, or invitations for bids or requests for proposals or otherwise have helped establish the ground rules for the Project. e. Entities whose participation would create the appearance of a conflict of interest. f. Entities precluded from participation under M.G.L. c. 268A. g. Entities that are precluded from participation due to the terms of a prior procurement or contract. 4.9.9.6 Conflict of Interest Determination for Entities MassDOT shall determine whether an organizational conflict of interest exists with respect to an entity and whether the conflict would result in that entity being precluded from participation in the Procurement or whether any conflict could be waived, avoided, neutralized, or mitigated. By applying these rules, MassDOT will determine whether certain entities that have participated in the Project should be precluded from participating in the Procurement. Massachusetts Department Of Transportation Highway Division Project No. 607349 34 4.9.9.7 Process for Determining Conflicts of Interest Determinations shall proceed in accordance with instructions provided by MassDOT in this Guidance and the solicitation documents. Participants seeking a determination as to that Participant’s conflict of interest status are encouraged to submit a Disclosure Form (the “Form”) attached in Appendix D at least fourteen (14) days prior to the submission of Statement of Qualifications. The Form shall be submitted by email to Narayana Murthy Kolla at narayana.kolla@dot.state.ma.us. Participants must submit details of any conflict of interest issues as they currently or potentially exist. In the event of a conflict of interest, Participants must provide MassDOT with recommendations to avoid, neutralize or mitigate the conflict, in compliance with the FHWA and all other applicable requirements. MassDOT shall review the Form and may request additional information to assist its review. MassDOT at its discretion may conduct additional research or conduct meetings to gain supplemental information. MassDOT will make the final determination as to whether a conflict of interest exists and whether the Participant’s recommendations to avoid, neutralize, or mitigate it are sufficient. In making any determination, MassDOT may consider all applicable circumstances and factors such as whether any conflict of interest is of an indirect, remote or de minimis nature and whether there are sufficient qualified and skilled entities available. MassDOT may also decide that there are sound reasons in the public interest that would allow a conflict of interest to be waived or mitigated through, for example, the implementation of suitable safeguards to mitigate any conflict of interest. These safeguards may include without limitation, ethical walls and procedures for segregation of personnel and information. Any Determination shall be made in MassDOT’s sole discretion. 4.9.9.8 Conflict of Interest Determinations for Individuals Massachusetts' Conflict of Interest Law, Chapter 268A § 1 (q), provides that in contracts for engineering or environmental services, where an individual within the corporate structure is specifically targeted to perform the services, the company is precluded from bidding on the design build phase of the project because that individual has been deemed a state employee subject to all the provisions of the Conflict of Interest Statute, G.L. c, 268A. The determination as to whether a conflict exists under M.G.L. c. 268A for any individual is a matter to be addressed and decided upon by the Commonwealth’s State Ethics Commission. mailto:narayana.kolla@dot.state.ma.us Massachusetts Department Of Transportation Highway Division Project No. 607349 35 If MassDOT determines that a potential or actual organizational conflict of interest exists for a Participant, an organizational conflict of interest shall also be considered to apply to any employee of such entity who has participated in a material way in the performance of work giving rise to the determination. If such individual leaves the entity’s employment, the potential or actual organizational conflict of interest shall apply to such individual in the same manner as it applies to the entity. However, the individual’s new employer will not be considered to have an organizational conflict of interest provided the new employer adopts and implements safeguards and mitigation measures satisfactory to MassDOT in its sole discretion. MassDOT may require Participants and/or individuals to certify from time to time, in a form approved by MassDOT, that in connection with its work, it is in full compliance with the provisions of Chapter 268A, and any other applicable conflict of interest laws. 4.9.9.9 Conflict of Interest During Project MassDOT reserves the right to: a) require any Participant to take any action necessary to remove any conflict of interest; or b) to terminate or amend any contract with the Participant if, in the reasonable opinion of MassDOT, any such personal or business relationship would constitute, or have the potential to create, a conflict of interest that cannot be remedied. Participants must disclose in writing any conflicts of interest occurring during the period of performance for the Project and, upon request of MassDOT, supply MassDOT with such information it determines to be necessary to determine whether a conflict of interest exists. Participants shall consult with MassDOT to learn what action must be taken to resolve such conflicts and comply with all applicable laws and policies. 4.9.9.10 Failure to Comply with Guidance If MassDOT determines, in its sole discretion, that a Participant has failed to comply with this Guidance in any respect (including any failure to disclose an actual, perceived or potential conflict of interest) or with the requirements of any conflict of interest determination, MassDOT may take appropriate action which may include without limitation, preclusion of the Participant and any of its parents, affiliates, subsidiaries, subcontractors or subconsultants; requiring the implementation of mitigation measures; or cancellation or amendment of any contract under which the Participant is working on the Project and such termination may be deemed to be a termination for default by the Participant. In the event of any such termination MassDOT shall not be liable for the reimbursement of all or part of the costs incurred or alleged to have been incurred by the Participant or any of its parents, affiliates, subsidiaries, subcontractors or subconsultants. Additionally, MassDOT shall be entitled to recover any and all payments made to the Participant subsequent to the date when the Participant became aware of or should have become aware of the existence of the conflict of interest. Massachusetts Department Of Transportation Highway Division Project No. 607349 36 5.0 SOQ EVALUATION PROCESS 5.1 EVALUATION CRITERIA Selection of Design-Builders for Phase 1, the prequalification process, will be based on the submitted information and materials requested pursuant to the RFQ. Proposers must include all materials required in this RFQ, including Schedules A through D. Proposers, and their Major Participants when required, must give complete and accurate answers to all questions and provide all of the information requested. Altering the text of the forms or schedules in any way or making a materially false statement in this submission is grounds for rejecting a Statement of Qualifications submission and may subject the Proposer to other civil or criminal penalties. A. Certification, Capacity and Bonding a. Required Certification All Proposer’ Team Members must be currently certified through the MassDOT A & E Board and/or the MassDOT Construction Prequalification Committee in accordance with Sections 4.2.1 and 4.2.2 of the RFQ. b. Bonding Capacity The Proposer shall provide evidence of bonding capability in an amount equal to or greater than 100 percent of the estimated construction cost for this Project (as set forth in the General Information section above) on Schedule C. The evidence of bonding capability shall be in the form of a letter from the surety company (or a surety agent with attorney in fact authority and an original power of attorney accompanying the letter). The surety company must be licensed to do business in the commonwealth, and its name must appear on the United States Treasury Department Circular 570). B. Proposers that meet the minimum experience criteria set forth above and submit a completed SOQ with all Schedules and all required attachments will be evaluated on the following criteria: • Joint experience and performance of the Proposer’s Team Members contractually working together on the same team including design and construction integration/collaboration, contract management/contract modifications. • Current and Prior Experience/Performance of firms or key personnel with Design– Build and/or Design-Bid-Build projects including MassDOT (or similar public sector owner or agency) performance evaluation of the design professional’s or construction entity’s involvement in projects of similar or comparable scle, scope and complexity. • Similar type work experience for Complex Bridge construction, including work in navigable waterways and on limited access Highways. • Current workload of the Proposers • Experience of Key Personnel to be assigned to the Project • Financial Status • Litigation and Performance/Termination History Massachusetts Department Of Transportation Highway Division Project No. 607349 37 • Safety Record • Quality of performance on relevant prior projects (Quality Control procedures in design and construction) • Quality of performance on current Projects • Previous experience in developing innovative/accelerated project designs, accelerated construction technologies, and construction methods of a type similar to this scope. • Previous experience with Complex Bridge Design and Construction including precast concrete elements • Previous experience with Complex Roadway Design and Construction • Previous experience working along limited access highway • Successful implementation of complex Traffic Management Plans • Previous experience with environmental permitting, compliance and collaborating with environmental regulatory agencies in the final design of highway projects • Previous experience working in waterways • Prior experience with early action design, procurement, and fabrication to meet accelerated schedules. • Demonstrated ability to provide innovative design • Past performance in reducing project schedule durations • Past experience with hazardous materials assessment and remediation • Reference Information, including banks, previous clients, and sureties. • Bonding capacity • Experience in Public Outreach • Prevailing Wage Violations • Other factors that the Selection Committee determines Massachusetts Department Of Transportation Highway Division Project No. 607349 38 MassDOT will place higher values on projects which provided particularly difficult or unique challenges and innovative methods the Proposer used to resolve problems successfully. MassDOT’s evaluation is not limited to past performance information on cited example projects. Past performance information related to the applicable projects submitted for experience may be afforded more importance than other sources of past performance information on projects. As provided by law, MassDOT’s decision on qualifications shall be final and binding and shall not be subject to appeal except on grounds of fraud or collusion. All SOQs received from Proposers will be reviewed and evaluated by a Selection Committee of qualified personnel. The evaluations shall specify in writing: • For each evaluation criterion, a rating of each response as highly advantageous, advantageous, or unacceptable, and the reasons for the rating. • A composite rating for each SOQ using said ratings as highly advantageous, advantageous, or unacceptable, and the reasons for said composite rating. MassDOT will investigate and verify all information received. All financial information, trade secrets or other information customarily regarded as confidential business information shall not be deemed to be public information and shall remain confidential to the extent permissible under current law. Design-Builders achieving a composite rating of highly advantageous or advantageous may be eligible to receive an RFP in Phase 2 of the two-phase selection process. MassDOT anticipates developing a short list of no less than two and no more than five Design-Builders who will receive an RFP. This short list of most qualified Design-Builders will be determined by the SOQ rankings by total composite scores achieved using the criteria identified in the RFQ. If MassDOT fails to identify at least two Design-Builders who qualify to receive an RFP, MassDOT shall re-advertise the Project and renew the RFQ process. In addition, reference checks will be performed, and the information made available to the Selection Committee. MassDOT reserves the right to contact MassDOT staff who may have experience working with the Proposer. Further, MassDOT may utilize performance evaluations done for Proposer. 5.2 RIGHTS OF MASSDOT IN EVALUATING SOQS MassDOT reserves the right to: • Consider any source of information in evaluating SOQs; • Request additional information to clarify or supplement information contained in SOQs; • Omit any planned evaluation step if, in MassDOT’s view, the step is not needed; • At its sole discretion, reject any and all SOQs at any time. • Waive discrepancies and informalities in the SOQs. Massachusetts Department Of Transportation Highway Division Project No. 607349 39 5.3 STIPEND There is no stipend for Proposers for Phase 1 of this Procurement. MassDOT intends to award a stipend for Phase 2 of this Procurement estimated at Two Hundred and Ten thousand dollars ($210,000.00) to each unsuccessful Proposer that submits a responsive Technical Proposal and a Price Proposal that conform to the requirements of the RFP, as determined solely by MassDOT, in accordance with M.G.L. c. 149A, sec. 19, subject to the Terms and Provisions set forth in the Stipend Agreement to be provided with the RFP. Upon payment of the stipend, MassDOT may use ideas, designs, means, and/or methods contained in the non- successful proposals in connection with any contract awarded for the Project or in connection with a subsequent procurement without any obligation to pay any additional compensation to the unsuccessful Proposers in accordance with M.G.L. c. 149A, sec. 19. 5.4 PROJECT LABOR AGREEMENT As a condition precedent to award of the contract, the Design-Builder selected to complete the Project will be required to execute a Project Labor Agreement (the "PLA") with the Building and Construction Trades Council of the Metropolitan District for its affiliated Local Unions, and the New England Regional Council of Carpenters with respect to the construction work on or connected to the Bridge Replacement, Route 3 (NB & SB) over North River Design-Build Project. Massachusetts Department Of Transportation Highway Division Project No. 607349 40 THIS PAGE INTENTIONALLY LEFT BLANK Massachusetts Department Of Transportation Highway Division Project No. 607349 41 STATEMENT OF QUALIFICATIONS SUBMISSION CHECKLIST for Prequalification of Design-Build Firms PLEASE NOTE THAT INCOMPLETE OR LATE STATEMENTS OF QUALIFICATION FOR DESIGN-BUILD PREQUALIFICATION WILL NOT BE CONSIDERED. THEREFORE, BEFORE SUBMITTING YOUR FIRM’S RESPONSE TO THIS RFQ PLEASE REVIEW THE FOLLOWING: ____ Proposer has completed Sections 1 – 3 of the SOQ in compliance with the page limitations. ____ Proposer has completed Section 4, Schedules A through D and attached required documentation. ____ Proposer has executed and included the Transmittal Form attached to this SOQ. ____ Proposer has provided current contact information for its firm and all of its project contacts/references. ____ Proposer’s submission package includes one electronically signed digital file in a searchable PDF format of the SOQ, including all required attachments. All Appendices shall be separate searchable PDF format files. ____ Proposer has provided evidence of A&E Board Prequalification ____ Proposer has provided evidence of Construction Contractor Prequalification Massachusetts Department Of Transportation Highway Division Project No. 607349 42 THIS PAGE INTENTIONALLY LEFT BLANK Massachusetts Department Of Transportation Highway Division Project No. 607349 43 DESIGN-BUILD STATEMENT OF QUALIFICATIONS TRANSMITTAL FORM Proposer Mailing Address: Street Address (if different from mailing address): Telephone Number: Fax Number: Contact Person: Title: Email: _________________ Proposer acknowledges Addenda numbered __________________________________________ (list all) Provide three client references below include name of reference, current contact person, telephone number and address: Provide two bank references below, include name of reference, current contact person, telephone number and address: Failure to accurately and completely provide the information requested may result in the disqualification of a Proposer. Massachusetts Department Of Transportation Highway Division Project No. 607349 44 Design-Build Statement of Qualifications Transmittal Form Page 2 This form MUST be signed by an officer of the Design-Builder or an individual so authorized by an officer of the Design-Builder who has personal knowledge regarding the information contained herein and submitted with the SOQ. The undersigned declares that he or she is authorized on behalf of the Design-Builder to (1) respond to requests for additional information and (2) negotiate and execute a contract with MassDOT for the Project. The undersigned declares that he or she carefully examined all the documents contained and referenced in the Design-Build Request for Qualifications (RFQ) solicitation for NORWELL- PEMBROKE-MARSHFIELD: Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River, Design-Build Project No. 607349 of his/her knowledge, that this Statement of Qualifications fully complies with all of the requirements of the RFQ and all addenda and clarifications issued in regard to the RFQ. The undersigned further certifies that no person acting for, or employed by, the Commonwealth of Massachusetts is directly or indirectly interested in this Statement of Qualifications or any subsequent proposal, or in any contract which may be made under it, or in expected profits to arise there from; that the undersigned Design-Builder has not influenced or attempted to influence any person or corporation other than a member of the Design-Builder to file a Statement of Qualifications or subsequent proposal or to refrain from doing so or to influence the terms of the Statement of Qualifications or any subsequent proposal of any other person or corporation; and that this submission is made in good faith without collusion or connection with any other person or entity applying for the same work not identified as a member of the Design-Builder Team. The undersigned further certifies under pains and penalties of perjury that no member of the Design-Builder’s Team is debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of section twenty nine F of chapter twenty nine, or any other applicable debarment provision of any other chapter of the General Laws or any rule or regulation promulgated there under, and further is not debarred from doing public construction work under any law, rule or regulation of the federal government. (See also Schedule D) The undersigned states that this Statement of Qualifications shall remain valid for a period of twelve (12) calendar months from its submission date and thereafter until the Design-Builder withdraws it or a Contract is executed or the procurement is terminated by MassDOT, whichever occurs first. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY: Signature: ______ (Signature of Authorized Representative) Name: ______ Title: ______ Design-Builder Name: Date: ______ Massachusetts Department Of Transportation Highway Division Project No. 607349 45 SCHEDULE A – TERMINATIONS AND LEGAL PROCEEDINGS Firm Name:_______________________ Design-Builder is required to complete both parts A, B, and C of Schedule A. On Part A of Schedule A, Design-Builders are required to list each and every project on which the firm was terminated or failed to complete the work within the past seven (7) years. On Part B of Schedule A, Design-Builders are required to list each and every conviction or fine incurred by the Design- Builder firm or any of its principals for violations of any state or federal law within the past seven (7) years; and, a complete list of any and all legal proceedings, administrative proceedings and arbitrations whether currently pending or concluded within the past five (5) years ((ten (10) years for litigation or legal proceedings that involving allegations against the firm of false claims, fraud or malpractice)) involved a construction project or a construction contract in which the Design-Builder firm was a named party. Attach additional sheets if necessary. On Part C of Schedule A, Design-Builders are required to list any outstanding compliance or other agreements which relate to the procurement or performance of any public or private construction contract which, if unfulfilled, would preclude the firm’s participation in public works projects. PART A. TERMINATIONS AND INCOMPLETE PROJECTS PROJECT NAME & LOCATION PROJECT OWNER SCOPE OF WORK PERFORMED PROJECT START & END DATES ESTIMATED CONTRACT AMOUNT % COMPLETE REASON FOR FAILURE TO COMPLETE OR TERMINATION Massachusetts Department Of Transportation Highway Division Project No. 607349 46 SCHEDULE A - TERMINATIONS AND LEGAL PROCEEDINGS (Continued) Firm Name: ______________________ PART B. LEGAL PROCEEDINGS, CONVICTIONS AND FINES PROJECT NAME, LOCATION & OWNER DESCRIPTION OF CONVICTIONS, FINES and LEGAL PROCEEDINGS (including administrative proceedings and arbitrations which relate to the procurement or performance of any public or private construction contract or prevailing wage violations for the past five years(ten years for litigation and legal proceedings involving allegations against the firm of false claims, fraud or malpractice); include caption of case, parties, location of proceeding, description of the dispute or enforcement action, dates action commenced and concluded and status and/or outcome) Massachusetts Department Of Transportation Highway Division Project No. 607349 47 SCHEDULE A - TERMINATIONS AND LEGAL PROCEEDINGS (Continued) Firm Name: _____________________ PART C. AGREEMENTS PROJECT NAME, LOCATION & OWNER Description of outstanding compliance or other agreements which relate to the procurement or performance of any public or private construction contract which, if unfulfilled, would preclude the firm’s participation in public works projects. List all applicable agreements, including any settlement or compliance agreements involving construction work or public contracting in Massachusetts. Include detailed status of the firm’s compliance to date. Include copies of any compliance agreements and any materials generated under existing compliance agreements. Include a full description of any mitigation measures undertaken to respond to issues identified in such agreements, including revised accounting procedures, enhanced procedures for employees reporting of ethical or financial concerns etc. Massachusetts Department Of Transportation Highway Division Project No. 607349 48 SCHEDULE B – SAFETY RECORD Each Major Participant must list its workers compensation experience modifiers for the past three (3) years and must also attach here documentation from its insurance carrier of its Worker’s Compensation Experience Modifier for the past three years. YEAR WORKER COMPENSATION EXPERIENCE MODIFIER Massachusetts Department Of Transportation Highway Division Project No. 607349 49 SCHEDULE C – LETTER EVIDENCING BONDING CAPACITY The Design-Builder must attach here a letter from a surety company (or from an agent meeting the criteria set forth above) evidencing that the surety will provide Design-Builder with payment and performance bonds for the Project in an amount equal to or greater than 100% of the estimated construction cost of the Project. The surety company must meet the requirements set forth above. Massachusetts Department Of Transportation Highway Division Project No. 607349 50 SCHEDULE D – CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (A) (1) The undersigned firm certifies to the best of its knowledge and belief, that- (i) The firm and /or any of its principals: (a)  Are  Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency; (b)  Have  Have not within a ten year period preceding this date, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (c)  Are  Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (A)(1)(i)(b) of this provision. (ii) The undersigned firm  has  has not, within a seven-year period preceding this date, had one or more contracts terminated by default by any Federal, state or local agency. (2) “Principals”, for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the Commonwealth of Massachusetts and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under M.G.L. c. 266, ss. 67A and 67B; and M.G.L. c. 12, ss. 5A-5O. (B) The undersigned shall provide immediate notice to MassDOT if, at any time prior to the award of a contract the undersigned learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (C) A certification that any of the items in paragraph (A) of this provision exists will not necessarily result in the withholding of prequalification or a contract award. However, the certification will be considered in connection with a determination of the firm’s responsibility. Failure of the undersigned to furnish a certification or provide such additional information as requested by MassDOT may render the firm, or the firm’s bid, non- responsive. Massachusetts Department Of Transportation Highway Division Project No. 607349 51 SCHEDULE D (Continued) (D) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (A) of this provision. The knowledge and information of the undersigned is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (E) The certification in paragraph (A) of this provision is a material representation of fact upon which reliance will be placed in the prequalification process and in making future contract awards. If it is later determined that the undersigned knowingly rendered an erroneous certification, in addition to other remedies available to MassDOT, MassDOT may terminate the firm’s prequalification status and terminate any contracts with the firm for default. I hereby certify that the above information is true, correct, and complete. ______________________________________________________________________________ Company Name _______________________________________________ _____________________________ Typed/Printed Name of Authorized Representative Authorized Representative Title ______________________________________________________________________________ Authorized Representative Signature Date Massachusetts Department Of Transportation Highway Division Project No. 607349 52 THIS PAGE INTENTIONALLY LEFT BLANK Massachusetts Department Of Transportation Highway Division Project No. 607349 53 APPENDIX A: TERMS AND DEFINITIONS The following terms and definitions apply to this RFQ and any resulting contract. A.1 TERMS American Association of State Highway and AASHTO Transportation Officials Accelerated Bridge Construction ABC Best Value Design-Build BVDB Bordering Vegetated Wetlands BVW Code of Massachusetts Regulations CMR Compact Disc CD Construction Engineering Inspection CEI Critical Path Method CPM Department of Environmental Protection DEP Design–Build DB Digital Video Disk DVD Federal Highway Administration FHWA Letters of Interest LOI Load Resistance Factor Design LRFD Massachusetts Department of Transportation MassDOT Manual on Uniform Traffic Control Devices MUTCD National Highway System NHS Project Engineer PE Project Manager PM Request for Proposal RFP Request for Qualifications RFQ Statement of Qualifications SOQ Temporary Traffic Control Plan TTCP United States Department of Transportation USDOT A.2 DEFINITIONS Acceptance Acceptance shall mean all factors used by MassDOT to evaluate the degree of compliance with contract requirements and to determine the corresponding value for a given product. Acceptance activities for Massachusetts Department Of Transportation Highway Division Project No. 607349 54 Design include reviews of plans, specifications, and other documents prepared by the DB. Construction Acceptance activities include sampling, testing, and inspection of DB Work. Acceptance Limit Acceptance Limit shall mean the limiting upper or lower value, placed on a Quality Measure that will permit acceptance of a Lot. [While the test values for material samples are evaluated with Specification Limits and Engineering Limits, the computed quality level for a specific Quality Measure is evaluated against the Acceptance Limit. For example, the minimum allowable PWL called out in a QA Specification might be 65PWL. This is the Acceptance Limit.] Acceptance Sampling & Testing Also called Verification sampling and testing. Acceptance Sampling & Testing shall mean sampling and testing performed by MassDOT, or its Designated Agent, to measure the quality of the final product. Acceptance Sampling & Testing is performed on material entering the DB Work, whether on-site or off- site, to determine compliance with the requirements of the Contract Documents. Such sampling and testing are a factor in MassDOT’s acceptance or rejection of the DB Work. Accredited Laboratories Accredited Laboratories are laboratories which are recognized by a formal accrediting body as meeting quality system requirements including demonstrated competence to perform standard test procedures. Addenda Addenda are revisions, substitutions, or clarifications to the RFQ/RFP. Advertisement Advertisement shall mean the publishing of a Design-Build project similar to advertisement for professional services currently used by MassDOT. The advertisement shall appear in the Central Register, COMMBUYS, and shall be advertised in a newspaper of general circulation in the area (town or city) in which the Project is located or to be located. Amended Memorandum of Agreement (MOA) Amended Memorandum of Agreement represents the revised document that records the terms and conditions agreed upon to resolve the adverse effects of an undertaking upon historic properties when an undertaking and its effects on historic properties have changed substantially after an MOA has been executed. As-Built Documents As-Built Documents shall mean the documents provided by the Design-Builder to MassDOT at the conclusion of the construction Project. Massachusetts Department Of Transportation Highway Division Project No. 607349 55 Best Value Design-Build (BVDB) Best Value Design-Build is a two-phase selection process in which the first phase consists of creating a short list of qualified Design-Builders as determined by responses to a Request for Qualifications package. The second phase consists of the submission of technical and price proposals in response to the Request for Proposals. Business Day Business Day shall mean days on which MassDOT is officially open for business. Calendar Day Day shall mean Calendar Day unless otherwise specified. If the date to perform any act or give any notice specified in the Contract Documents falls on a non-Business Day, such act or notice may be timely performed on the next succeeding Business Day. Notwithstanding the foregoing, requirements contained in the Contract Documents relating to actions to be taken in the event of an emergency and other requirements for which it is clear that performance is intended to occur on a non-Business Day, shall be required to be performed as specified, even though the date in question may be a non-Business Day. Contracting Unit Contracting Unit is the unit within MassDOT that has been given the responsibility of procuring Design- Build contracts. Construction Engineering Inspection Services (CEI) Construction Engineering Inspection Services are the construction engineering services being required of the Design-Builder. Services may include construction inspection, off-site plant inspection, materials sampling and testing, surveying, and other Quality Control functions as specified for the particular project. COMMBUYS The Commonwealth of Massachusetts’ Market Center, which is a replacement for Comm-PASS (effective March 2014) and which provides advanced technology, including requisition, solicitation, online bidding, catalog enablement and online ordering. Construction Organization Chart Construction Organization Chart is a chart that shows relationships between functions and the functional relationships with Subcontractors. This chart indicates how the Design-Builder intends to divide the Project into work segments to minimize impacts on the traveling public and enable optimum construction performance. Contract Document Contract Document shall mean the Agreement including any attached exhibits, amendments and addenda, excluding the Reference Documents. Contractor Contractor shall mean all contracted parties who are involved with building a DB Project, including; the Prime (General) Contractor, Subcontractors, and all Producers, Fabricators, and Manufacturers who provide construction materials for the Project. DB Price DB Price shall mean the price set forth by the Design-Build Contract Documents. Massachusetts Department Of Transportation Highway Division Project No. 607349 56 DB Work Design-Build Work shall consists of the work required under the Agreement including all administrative, design, engineering, real property acquisition and occupant relocation, support services, Utility Relocation, procurement, professional, manufacturing, supply, installation, construction, supervision, management, testing, verification, labor, materials, equipment, maintenance, documentation, and other duties and services to be furnished and provided by the Design-Builder as required by the Contract Documents, including all efforts necessary or appropriate to achieve Final Acceptance except for those efforts which such Contract Documents specify will be performed by Persons other than the Design-Builder. Department Department is the Massachusetts Department of Transportation, or MassDOT. Design-Build (DB) Design-Build is a construction delivery system that provides responsibility for the delivery of design services and construction services within a single contract. Design-Builder Design-Builder shall mean Design-Build Entity, an individual, sole proprietorship, firm, partnership, joint venture, corporation, or other entity that provides Design-Build services. Design Documents Design Documents shall mean all drawings (including plans, elevations, sections, details and diagrams), specifications, reports, calculations, records, and submittals necessary for design of the Project in accordance with the Contract Documents. Design Exception Design Exception shall be defined as set forth in MassDOT’s Project Development and Design Guide Book. Design Professional Design Professional shall have the same meaning as “firm” as defined in M.G.L. Chapter 7C, Section 58 of which can be an individual, firm, partnership, corporation, association or other legal entity authorized by law to practice the professions of architecture, engineering, land surveying, landscaping architecture, environmental science, planning or program management who will provide technical advice and professional expertise on the Project. Massachusetts Department Of Transportation Highway Division Project No. 607349 57 eSignature Electronic signature or eSignature – pursuant to M.G.L. c. 110G, §2, “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.” Engineer Engineer shall mean the Chief Engineer of MassDOT acting directly or through an authorized representative, such representative acting within the scope of the particular duties entrusted to him. Environmental Approvals Environmental Approvals shall mean any Governmental Approval and amendment or modification thereto, arising from or required by Environmental Law. Environmental Clearances Environmental Clearances means that an undertaking has been reviewed under Section 106, the undertaking’s effects (if any) on historic properties have been taken into consideration, and the Section 106 review process for the undertaking has been completed. Environmental Law Environmental Law shall mean any Law that regulates or governs the use, storage, handling, treatment, recycling, transportation, or disposal of Hazardous Material or pollution or protection of human health, safety, and the environment, including, but not limited to: 1) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; 2) the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq.; 3) the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; 4) the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; 5) the Clean Water Act, 33 U.S.C. Section 1251 et seq.; 6) the Clean Air Act, 42 U.S.C. Section 7401 et seq.; and 7) any analogous state statutes including Mass. Gen. Law c. 21 C and 21 E, all as amended or as they may be amended from time to time and its enacting regulation 310 CMR 40.0000, the Massachusetts Contingency Plan. The term “Environmental Law” shall not include the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq. Hazardous Materials Hazardous Materials shall mean: 1) any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to any Environmental Law as now or at any time hereafter in effect; 2) any substance, product, waste or other material of any nature whatsoever which may give rise to liability, investigation, remediation or corrective action requirements under any Environmental Law; 3) oil and petroleum derivatives; 4) asbestos; 5) lead and lead paint; and 6) radioactive wastes and substances. Massachusetts Department Of Transportation Highway Division Project No. 607349 58 Key Personnel Individuals who will have major contract responsibilities and/or provide unusual or unique expertise. At a minimum, the key personnel identified shall include the Design-Builder Project Manager, Quality Control Administrator, Design Quality Control Manager, Design Manager, Lead Structural Engineer, Lead Roadway Engineer, Lead Geotechnical Engineer, Construction Manager, Construction Quality Control Manager, Construction Superintendent, and Environmental Compliance Manager (Construction). Key Project Team Member Firms that shall be prequalified as described herein, and shall at a minimum include any Design-Builder Team Member performing Architectural and Engineering services for design and/or construction phase services for the Bridge, Geotechnical, Roadway, and Traffic. Letter of Interest Letter of Interest is the information provided by the interested Design-Builders in response to a project advertisement. A Proposer desiring to be considered for a Design-Build project shall submit a Letter of Interest and provide the information required in the advertisement of the Project. Major Participants Major Participant shall mean any of the following entities: a. All general partners or joint venture members of the Design-Builder. b. All Persons holding (directly or indirectly) a 15% or greater interest in the Design-Builder c. The lead engineering / design firm(s) (i.e., individual firms, partnerships, or joint ventures) as well as each engineering/design subconsultant (i.e., individual firms, partnerships, or joint ventures) that will perform 20% or more of the engineering/design DB Work. d. The team member that would have a major role in the design and construction of the Project as specified in the RFQ Memorandum of Agreement Memorandum of Agreement shall represent the document that records the terms and conditions agreed upon to resolve the adverse effects of an undertaking upon historic properties. Non-Responsive Non-Responsive refers to any submission that does not meet the criteria identified in the RFQ or any Technical Proposal that does not comply with the criteria defined in the RFP. Prequalification Prequalification is the process used to identify Design-Builders that meet certain criteria necessary to advance to the RFP stage of the selection process. The Architects and Engineers Review Board and the Construction Prequalification Committee shall be jointly responsible for determining the prequalification status of each Proposer using information provided in LOIs, SOQs, and on file from other MassDOT prequalification procedures, or from other appropriate sources as necessary. Price Proposal The Proposer’s cost for all design, construction, construction engineering, and Quality Control inspection, sampling and testing, as required, and any warranties required. Project The word “Project” shall mean the full scope of work for the design and construction of the Project as described in the public advertisement for the Project completed in conjunction with all terms and conditions of the Contract Documents. Massachusetts Department Of Transportation Highway Division Project No. 607349 59 Project Manager (PM) Project Manager is the MassDOT’s designee responsible for the administration of the Design-Build Project. Proposer Proposer shall mean the prospective Design-Builder. Quality Quality is (1) The degree of excellence of a product or service; (2) The degree to which a product or service satisfies the needs of a specific customer; (3) The degree to which a product or service conforms to a given requirement; or (4) Conformance to requirements. Quality Assurance Quality Assurance (QA) shall mean (1) All those planned and systematic actions necessary to provide confidence that a product or facility will perform satisfactorily in service; or (2) Making sure the quality of a product is what it should be. QA includes Quality Control performed by the Design-Builder, Acceptance activities performed by MassDOT (or their Designated Agent), Independent Assurance, Dispute Resolution, Laboratory Accreditation and Qualification, and Personnel Qualification/Certification. Quality Assurance Program Quality Assurance Program shall mean the core programmatic elements required for Design Quality Assurance implementation and Construction Quality Assurance implementation. Quality Characteristic Quality Characteristic is a product characteristic that is measured through testing, either for Quality Control (QC) purposes or for conformance with Acceptance requirements. [Quality Characteristics are specific material properties or product requirements which are evaluated by QC and Acceptance testing. Quality Characteristics which are specified are normally selected because they: a) Relate to initial and long-term performance; b) Are quantifiable or measurable; and c) Can be measured with good repeatability.] Quality Control Quality Control (QC) shall mean the system used by the Design-Builder to monitor, assess and adjust their production or placement processes to ensure that the final product will meet the specified level of quality. [Quality Control includes review and checking of design and construction documents, sampling, testing, inspection, evaluation, and corrective action (where required) to maintain continuous control of a production or placement process.] Quality Control Plan Quality Control (QC) Plan shall mean a project specific document prepared by the Design-Builder which identifies all Construction QC personnel and procedures that will be used to maintain all production and placement processes “in control” and meet the specification requirements for an individual Work Item in the Proposer’s Price Proposal. Quality Limits Quality Limits are the upper or lower limiting values provided in the specifications that are used to evaluate the acceptability of materials produced or placed. [There are three types of Quality Limits that are typically included in QA Specifications. They include: Specification Limits, Engineering Limits, and Acceptance Limits. Each type of Quality Limit serves a different specific function in assessing the Quality of a product or work item. Quality Limits are used together to determine the quality of an individual Quality Characteristic.] Massachusetts Department Of Transportation Highway Division Project No. 607349 60 Quality Measure Quality Measure is any one of several mathematical tools that are used to quantify the level of quality of an individual Quality Characteristic. [Application of a Quality Measure to a set of testing data provides an overall numeric representation of Quality for a specific Quality Characteristic. Typical Quality Measures used in Quality Assurance are selected because they quantify the average quality, the variability, or both. Examples of Quality Measures that may be used include; Mean, Standard Deviation, Percent Defective (PD), Percent Within Limits (PWL), Average Absolute Deviation (AAD), Moving Average, and Conformal Index (CI). PWL or PD are the Quality Measures that are recommended for use in Quality Assurance Specifications.] Request For Proposal Request for Proposal (RFP) is the document issued by MassDOT to solicit proposals from pre-qualified Design-Builders for the purpose of entering into a Design-Build Contract and includes all attachments hereto and subsequent addenda. Request for Qualifications Request for Qualifications (RFQ) is the document issued by MassDOT for the purpose of creating a short list of qualified Design-Builders to respond to an RFP issued by MassDOT. Responsive Proposal Responsive Proposal is one submitted by a person, corporation, or other organization that is a Design- Builder, which has the capability to perform the requirements of the Design-Build Contract, has the integrity and reliability to assure good faith performance, and meets the qualifications component of the RFP. Sampling Sampling is the process of selecting one or more samples from a population. [Sampling is an integral part of Contractor Quality Control, as well as Agency Acceptance. Sampling procedures should be established and applied for both inspection and testing activities. An effective sampling system delineates a Population according to measurable segments. The key elements of a sampling system include; Lots, Statistical Samples, Sublots, and samples.] Selection Committee The Selection Committee is established by MassDOT and reviews Proposals and recommends selection of best-value Proposals. The Selection Committee may also receive assistance from any sub-committees that evaluate the Technical and/or Price Proposals as needed. Standard Specifications Standard Specifications shall mean the Department of Transportation 2024 Standard Specifications for Highways and Bridges, for purposes of the Contract Documents. Subcontract Means any agreement by the Design-Builder with any other Person to perform any part of the DB Work or provide any materials, equipment, or supplies for any part of the DB Work. Subcontractor Subcontractor shall mean any Person with whom the Design-Builder has entered into any subcontract to perform any part of the DB Work or provide any materials, equipment, or supplies for the Project on behalf of the Design-Builder. Massachusetts Department Of Transportation Highway Division Project No. 607349 61 Technical Proposal Technical Proposals contain three major sections: a management summary, comprehensive technical approach, and a project summary schedule using Primavera, MS Project, or equivalent. The package shall clearly indicate that it is the Technical Proposal and shall clearly identify the Proposer name, project description, or any other information required. Refer to Section 3.3 of the Instructions to Proposers issued during the RFP phase of the Design-Build Procurement for procedures on Technical Proposal format and organization. Statement of Qualifications The Statement of Qualifications (SOQ) is the complete package received from a Proposer in response to MassDOT’s Request for Qualification (RFQ). Temporary Traffic Control Plan Temporary Traffic Control Plan is a plan developed by the Design-Builder showing the temporary traffic control throughout the duration of the Project. Two-Phase Selection Process Two-Phase Selection Process a procurement process in which the first phase consists of creating a short list of qualified Design-Builders as determined by responses to a Request for Qualifications (RFQ). The second phase consists of the submission of Technical and Price Proposals in response to a Request for Proposals (RFP). Massachusetts Department Of Transportation Highway Division Project No. 607349 62 THIS PAGE INTENTIONALLY LEFT BLANK Massachusetts Department Of Transportation Highway Division Project No. 607349 63 APPENDIX B: A&E BOARD PRE-QUALIFICATION DOCUMENTS The following documents, instructions, and forms required for MassDOT Architects and Engineers Review Board Prequalification are available at: https://www.mass.gov/prequalification-of-architectural-engineering-firms • Prequalification Form • Instructions for Completing Form • Prequalification Category Definitions • Audit Overhead Guidelines https://www.mass.gov/prequalification-of-architectural-engineering-firms Massachusetts Department Of Transportation Highway Division Project No. 607349 64 APPENDIX C: MASSDOT CONTRACTOR PREQUALIFICATION DOCUMENTS The following documents, instructions, and forms required for MassDOT Contractor Prequalification are available at: https://www.mass.gov/prequalification-of-horizontal-construction-firms • Prequalification for Statewide Engineering Services • Definitions of Classes of Work • Application for Prequalification • Request for Official Proposal Form https://www.mass.gov/prequalification-of-horizontal-construction-firms Massachusetts Department Of Transportation Highway Division Project No. 607349 65 APPENDIX D: MASSDOT DISCLOSURE FORM ORGANIZATIONAL CONFLICTS OF INTEREST This Form will be used by MassDOT to assist in the Determination as to whether an organizational conflict of interest exists with respect to an entity and whether the conflict would result in that entity being precluded from being a Participant in the Contractor Procurement or whether any conflict could be waived, avoided, neutralized, or mitigated. Capitalized terms shall have the same meaning as set forth in MassDOT’s Organizational Conflict of Interest Guidance, NORWELL- PEMBROKE-MARSHFIELD: Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River, Design-Build Project No. 607349 (“the Project”). This Form may be supplemented with additional materials as necessary to fully and completely respond to the issues that are presented. The Form may be copied and reproduced as necessary. All information submitted to MassDOT is submitted under penalty of perjury and will be considered a public record unless it is specifically exempted from disclosure under Federal or state law. 1. Name of entity: 2. Proposed role on the Project: 3. Prior experience on the Project including feasibility study, master plan, program or any development or preliminary design (be as specific as possible): If so, are there reasons in the public interest that the entity should not be precluded from further participation on the Project? Explain. 4. Does the entity or did the entity have a contract with MassDOT for the Project? If yes, please identify the contract. Massachusetts Department Of Transportation Highway Division Project No. 607349 66 MassDOT Disclosure Form Organizational Conflicts of Interest (Continued) 5. Is the entity or was the entity a subcontractor or subconsultant to an organization that has or had a contract with MassDOT for the Project? Identify the organization(s) and the MassDOT contract(s). 6. Is there any reason that the entity is or might be unable, or potentially unable, to provide impartial and objective assistance or advice to MassDOT due to other activities, interests, relationships, contracts, or circumstances? Explain. 7. To the best of the entity’s knowledge, after diligent inquiry, are any of its directors, officers, owners, or employees unable, or potentially unable, to provide impartial and objective assistance or advice to MassDOT due to other activities, interests, relationships, contracts, or circumstances? Explain. 8. Is the entity aware of any information in its possession related to the Project as a result of previous involvement in the Project that is not generally available to the public? Explain. Massachusetts Department Of Transportation Highway Division Project No. 607349 67 MassDOT Disclosure Form Organizational Conflicts of Interest (Continued) 9. Has the entity established or been involved in the establishment of the ground rules for the Design-Build procurement for the Project by developing specifications, requirements, statements of work, invitations for bids, requests for proposals, evaluation factors, or similar documents? Explain. 10. If the answers to any of the previous four (4) questions is yes, does the entity have a recommendation on how an organizational conflict of interest or potential organizational conflict of interest involving the entity can be avoided, neutralized, or mitigated? Explain. 11. For the purposes of compliance with Mass. Gen. L. c. 149A, s. 18, has the entity been retained as a “design professional” to provide technical assistance and consulting services on the Project? Explain. 12. Is the entity or any employee of the entity a “state employee” pursuant to the definition provided in section 1(q) of Mass. Gen. L. c. 268A? To the extent that the entity or any employees of the entity are or may be considered “state employees” for the purposes of Mass. Gen. L. c. 268A, the State Ethics Commission should be consulted to determine how their involvement in the Project may present a conflict of interest. To the extent that the entity and the individual are willing to share any information from the State Ethics Commission, please voluntarily provide that as an attachment to this Form. It is not a requirement. Massachusetts Department Of Transportation Highway Division Project No. 607349 68 13. Has any employee of the entity worked on the Project for an entity that has been determined to have a conflict of interest? Did that employee participate in a material way in the performance of the work giving rise to that determination? Explain. 14. A “parent” as used herein is an organization that controls the entity through, for example, the ownership of stock or the exercise of management control. Has any parent of the entity been involved in the Project? If yes, identify the parent(s). 15. If the answer to the preceding question is “yes”, please supplement the entity’s response by explaining the parent’s role in the Project and informing MassDOT whether the entity’s answer to any question should be modified as a result of that role. 16. An “affiliate” as used herein is an organization that is officially connected to or attached to the entity. Has any affiliate of the entity been involved in the Project? If yes, identify the affiliate(s). Massachusetts Department Of Transportation Highway Division Project No. 607349 69 MassDOT Disclosure Form Organizational Conflicts of Interest (Continued) 17. If the answer to the preceding question is “yes”, please supplement the entity’s response by explaining the affiliate’s role in the Project and informing MassDOT whether the entity’s answer to any question should be modified as a result of that role. 18. A “subsidiary” as used herein is an organization that is controlled by the entity through, for example, the ownership or stock or the exercise of management control. Has any subsidiary of the entity been involved in the Project? If yes, identify the subsidiary(ies). 19. If the answer to the preceding question is “yes”, please supplement the entity’s response by explaining the subsidiary’s role in Project and informing MassDOT whether the entity’s answer to any question should be modified as a result of that role. 20. Please provide any information regarding whether any organizational conflict of interest or potential organizational conflict of interest involving the entity is of an indirect, remote or “de minimus” nature and/or whether there are sound reasons in the public interest that would allow a conflict of interest to be waived or mitigated. Massachusetts Department Of Transportation Highway Division Project No. 607349 70 MassDOT Disclosure Form Organizational Conflicts of Interest (Continued) The entity certifies that it has conducted a diligent inquiry and search to ascertain the full extent of its knowledge with respect to its involvement with the Project and that all of the answers provided in this Form are made truthfully, to the best of the entity’s knowledge and belief and that no interest exists that is required to be disclosed on this Form, other than as described above. The entity further certifies that should it obtain knowledge: (a) that is inconsistent with the answers provided in this Form; or (b) of any set of facts potentially giving rise to a conflict of interest under Federal or state law or MassDOT policy, it will disclose such facts to MassDOT as soon as reasonably possible. The undersigned certifies that the undersigned is authorized to answer these questions on behalf of the entity and to bind the entity (please attach evidence of authority). Signed under the penalties of perjury on this ________ of ____________, 2026. ENTITY NAME NAME duly authorized Email address: *** END OF DOCUMENT *** Massachusetts Department Of Transportation Highway Division Project No. 607349 71 APPENDIX E: STATE AND FEDERAL DOCUMENTS The documents listed below are provided “FOR INFORMATION ONLY”. The following documents are required for federally and/or state funded projects: • DOCUMENT 00760 FHWA-1273 REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS • DOCUMENT 00820 THE COMMONWEALTH OF MASSACHUSETTS SUPPLEMENTAL EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM • DOCUMENT 00821 ELECTRONIC REPORTING REQUIREMENTS CIVIL RIGHTS PROGRAMS AND CERTIFIED PAYROLL • DOCUMENT 00859 CONTRACTOR/SUBCONTRACTOR CERTIFICATION FORM • DOCUMENT 00860 COMMONWEALTH OF MASSACHUSETTS PUBLIC EMPLOYMENT LAWS • DOCUMENT 00870 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) Massachusetts Department Of Transportation Highway Division Project No. 607349 72 THIS PAGE INTENTIONALLY LEFT BLANK 1 FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. DOCUMENT 00760 Project No. 607349 00760 - 1 Page 73 2 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action Project No. 607349 00760 - 2 Page 74 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: Project No. 607349 00760 - 3 Page 75 4 (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; Project No. 607349 00760 - 4 Page 76 Massachusetts Department Of Transportation Massachusetts Department of Transportation Highway Division F-YmassD @ Highway Division Project No. 607349 (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. Ill. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated asa project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 5 (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph Project No. 607349 00760 - 5 Page 77 Massachusetts Department Of Transportation Massachusetts Department of Transportation Highway Division F-YmassD @ Highway Division Project No. 607349 (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. \f the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. Project No. 607349 00760 - 6 Page 78 7 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with Project No. 607349 00760 - 7 Page 79 Massachusetts Department Of Transportation Massachusetts Department of Transportation Highway Division F-YmassD @ Highway Division Project No. 607349 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or Project No. 607349 00760 - 8 Page 80 Massachusetts Department Of Transportation Massachusetts Department of Transportation Highway Division F-YmassD @ Highway Division Project No. 607349 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; Project No. 607349 00760 - 9 Page 81 Massachusetts Department Of Transportation Massachusetts Department of Transportation Highway Division F-YmassD @ Highway Division Project No. 607349 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; 10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." Project No. 607349 00760 - 10 Page 82 11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * Project No. 607349 00760 - 11 Page 83 12 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily Project No. 607349 00760 - 12 Page 84 13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. Project No. 607349 00760 - 13 Page 85 14 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Project No. 607349 00760 - 14 Page 86 Massachusetts Department Of Transportation Highway Division Project No. 607349 00820 - 1 DOCUMENT 00820 THE COMMONWEALTH OF MASSACHUSETTS SUPPLEMENTAL EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM I. Definitions For purposes of this contract, "Minority" means a person who meets one or more of the following definitions: (a) American Indian or Native American means: all persons having origins in any of the original peoples of North America and who are recognized as an Indian by a tribe or tribal organization. (b) Asian means: All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands, including, but Not limited to China, Japan, Korea, Samoa, India, and the Philippine Islands. (c) Black means: All persons having origins in any of the Black racial groups of Africa, including, but not limited to, African-Americans, and all persons having origins in any of the original peoples of the Cape Verdean Islands. (d) Eskimo or Aleut means: All persons having origins in any of the peoples of Northern Canada, Greenland, Alaska, and Eastern Siberia. (e) Hispanic means: All persons having their origins in any of the Spanish-speaking peoples of Mexico, Puerto Rico, Cuba, Central or South America, or the Caribbean Islands. "State construction contract" means a contract for the construction, reconstruction, installation, demolition, maintenance or repair of a building or capital facility, or a contract for the construction, reconstruction, alteration, remodeling or repair of a public work undertaken by a department, agency, board, or commission of the commonwealth. "State assisted construction contract" means a contract for the construction, reconstruction, installation, demolition, maintenance or repair of a building or capital facility undertaken by a political subdivision of the commonwealth, or two or more political subdivisions thereof, an authority, or other instrumentality and whose costs of the contract are paid for, reimbursed, grant funded, or otherwise supported, in whole or in part, by the commonwealth. II. Equal Opportunity, Non-Discrimination and Affirmative Action During the performance of this Contract, the Contractor and all subcontractors (hereinafter collectively referred to as "the Contractor") for a state construction contract or a state assisted construction contract, for him/herself, his/her assignees and successors in interest, agree to comply with all applicable equal employment opportunity, non-discrimination and affirmative action requirements, including but not limited to the following: In connection with the performance of work under this contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry or disability, shall not discriminate in the selection or retention of subcontractors, and shall not discriminate in the procurement of materials and rentals of equipment. Page 87 Massachusetts Department Of Transportation Highway Division Project No. 607349 00820 - 2 The aforesaid provision shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation; conditions or privileges of employment; and selection for apprenticeship or on-the-job training opportunity. The Contractor shall comply with the provisions of chapter 151B of the Massachusetts General Laws, as amended, and all other applicable anti-discrimination and equal opportunity laws, all of which are herein incorporated by reference and made a part of this Contract. The Contractor shall post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the Massachusetts Commission Against Discrimination setting forth the provisions of the Fair Employment Practices Law of the Commonwealth (Massachusetts General Laws Chapter l51 B). In connection with the performance of work under this contract, the Contractor shall undertake, in good faith, affirmative action measures to eliminate any discriminatory barriers in the terms and conditions of employment on the grounds of race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry or disability. Such affirmative action measures shall entail positive and aggressive measures to ensure nondiscrimination and to promote equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, apprenticeship and on-the-job training programs. A list of positive and aggressive measures shall include, but not be limited to, advertising employment opportunities in minority and other community news media; notifying minority, women and other community-based organizations of employment opportunities; validating all job specifications, selection requirements, and tests; maintaining a file of names and addresses of each worker referred to the Contractor and what action was taken concerning such worker; and notifying the administering agency in writing when a union with whom the Contractor has a collective bargaining agreement has failed to refer a minority or woman worker. These and other affirmative action measures shall include all actions required to guarantee equal employment opportunity for all persons, regardless of race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry or disability. One purpose of this provision is to ensure to the fullest extent possible an adequate supply of skilled tradesmen for this and future Commonwealth public construction projects. III. Minority and Women Workforce Participation Pursuant to his/her obligations under the preceding section, the Contractor shall strive to achieve on this project the labor participation goals contained herein. Said participation goals shall apply in each job category on this project including but not limited to bricklayers, carpenters, cement masons, electricians, ironworkers, operating engineers and those classes of work enumerated in Section 44F of Chapter 149 of the Massachusetts General Laws. The participation goals for this project shall be 15.3% for minorities and 6.9% for women. The participation goals, as set forth herein, shall not be construed as quotas or set- asides; rather, such participation goals will be used to measure the progress of the Commonwealth's equal opportunity, non-discrimination and affirmative action program. Additionally, the participation goals contained herein should not be seen or treated as a floor or as a ceiling for the employment of particular individuals or group of individuals. Page 88 Massachusetts Department Of Transportation Highway Division Project No. 607349 00820 - 3 IV. Liaison Committee At the discretion of the agency that administers the contract for the construction project there may be established for the life of the contract a body to be known as the Liaison Committee. The Liaison Committee shall be composed of one representative each from the agency or agencies administering the contract for the construction project, hereinafter called the administering agency, a representative from the Office of Affirmative action, and such other representatives as may be designated by the administering agency. The Contractor (or his/her agent, if any, designated by him/her as the on-site equal employment opportunity officer) shall recognize the Liaison Committee as an affirmative action body, and shall establish a continuing working relationship with the Liaison Committee, consulting with the Liaison Committee on all matters related to minority recruitment, referral, employment and training. V. Reports and Records The Contractor shall prepare projected workforce tables on a quarterly basis when required by the administering agency. These shall be broken down into projections, by week, of workers required in each trade. Copies shall be furnished one week in advance of the commencement of the period covered, and also, when updated, to the administering agency and the Liaison Committee when required. The Contractor shall prepare weekly reports in a form approved by the administering agency, unless information required is required to be reported electronically by the administering agency, the number of hours worked in each trade by each employee, identified as woman, minority, or non-minority. Copies of these shall be provided at the end of each such week to the administering agency and the Liaison Committee. Records of employment referral orders, prepared by the Contractor, shall be made available to the administering agency on request. The Contractor will provide all information and reports required by the administering agency on instructions issued by the administering agency and will permit access to its facilities and any books, records, accounts and other sources of information which may be determined by the administering agency to effect the employment of personnel. This provision shall apply only to information pertinent to the Commonwealth's supplementary non-discrimination, equal opportunity and access and opportunity contract requirements. Where information required is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the administering agency and shall set forth what efforts he has made to obtain the information. VI. Access to Work Site A designee of the administering agency and a designee of the Liaison Committee shall each have a right to access the work site. VII. Solicitations for Subcontracts, and for the Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor either for work to be performed under a subcontract or for the procurement of materials or equipment, each potential subcontractor or supplier shall be notified in writing by the Contractor of the Contractor's obligations under this contract relative to non-discrimination and equal opportunity. Page 89 Massachusetts Department Of Transportation Highway Division Project No. 607349 00820 - 4 VIII. Sanctions Whenever the administering agency believes the General or Prime Contractor or any subcontractor may not be operating in compliance with the provisions of the Fair Employment Practices Law of the Commonwealth (Massachusetts General Laws Chapter 151B), the administering agency may refer the matter to the Massachusetts Commission Against Discrimination ("Commission") for investigation. Following the referral of a matter by the administering agency to the Massachusetts Commission Against Discrimination, and while the matter is pending before the MCAD, the administering agency may withhold payments from contractors and subcontractors when it has documentation that the contractor or subcontractor has violated the Fair Employment Practices Law with respect to its activities on the Project, or if the administering agency determines that the contractor has materially failed to comply with its obligations and the requirements of this Section. The amount withheld shall not exceed a withhold of payment to the General or Prime Contractor of 1/100 or 1% of the contract award price or $5,000, whichever sum is greater, or, if a subcontractor is in non-compliance, a withhold by the administering agency from the General Contractor, to be assessed by the General Contractor as a charge against the subcontractor, of 1/100 or 1% of the subcontractor price, or $1,000 whichever sum is greater, for each violation of the applicable law or contract requirements. The total withheld from anyone General or Prime Contractor or subcontractor on a Project shall not exceed $20,000 overall. No withhold of payments or investigation by the Commission or its agent shall be initiated without the administering agency providing prior notice to the Contractor. If, after investigation, the Massachusetts Commission Against Discrimination finds that a General or Prime Contractor or subcontractor, in commission of a state construction contract or state-assisted construction contract, violated the provisions of the Fair Employment Practices Law, the administering agency may convert the amount withheld as set forth above into a permanent sanction, as a permanent deduct from payments to the General or Prime Contractor or subcontractor, which sanction will be in addition to any such sanctions, fines or penalties imposed by the Massachusetts Commission Against Discrimination. No sanction enumerated under this Section shall be imposed by the administering agency except after notice to the General or Prime Contractor or subcontractor and an adjudicatory proceeding, as that term is used, under Massachusetts General Laws Chapter 30A, has been conducted. IX. Severability The provisions of this section are severable, and if any of these provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Page 90 Massachusetts Department Of Transportation Highway Division Project No. 607349 00820 - 5 X. Contractor's Certification After award and prior to the execution of any contract for a state construction contract or a state assisted construction contract, the Prime or General Contractor shall certify that it will comply with all provisions of this Document 00820 Supplemental Equal Employment Opportunity, Non-Discrimination and Affirmative Action Program, by executing Document 00859 Contractor/Subcontractor Certification Form. XI. Subcontractor Requirements Prior to the award of any subcontract for a state construction contract or a state assisted construction contract, the Prime or General Contractor shall provide all prospective subcontractors with a complete copy of this Document 00820 entitled "Supplemental Equal Employment Opportunity, Non- Discrimination and Affirmative Action Program" and will incorporate the provisions of this Document 00820 into any and all contracts or work orders for all subcontractors providing work on the Project. In order to ensure that the said subcontractor's certification becomes a part of all subcontracts under the prime contract, the Prime or General Contractor shall certify in writing to the administering agency that it has complied with the requirements as set forth in the preceeding paragraph by executing Document 00859 Contractor/Subcontractor Certification Form. Rev’d 03/07/14 *** END OF DOCUMENT *** Page 91 Massachusetts Department Of Transportation Highway Division Project No. 607349 00820 - 6 THIS PAGE INTENTIONALLY LEFT BLANK Page 92 Massachusetts Department Of Transportation Highway Division Project No. 607349 00821 - 1 DOCUMENT 00821 ELECTRONIC REPORTING REQUIREMENTS CIVIL RIGHTS PROGRAMS AND CERTIFIED PAYROLL Implemented on March 2, 2009 Revised June 04, 2019 The Massachusetts Department Of Transportation (MassDOT) has replaced the CHAMP reporting system with Equitable Business Opportunity Solution (EBO), a new web-based civil rights reporting software system. This system is capable of handling both civil rights reporting requirements and certified payrolls. The program’s functions include the administration of Equal Employment Opportunity (EEO) requirements, On-The-Job Training requirements (OJT), Disadvantage Business Enterprise (DBE) and/or Minority / Women’s Business Enterprise (M/WBE) subcontracting requirements, and the electronic collection of certified payrolls associated with MassDOT projects. In addition, this system is used to generate various data required as part of the American Recovery and Reinvestment Act (ARRA). Contractors are responsible for all coordination with all sub-contractors to ensure timely and accurate electronic submission of all required data. Contractor and Sub-Contractor EBO User Certification All contractors and sub-contractors must use the EBO software system. The software vendor, Internet Government Solutions (IGS), has developed an online EBO Training Module that is available to contractors and sub-contractors. This module is a self-tutorial which allows all users in the company to access the training, complete the tutorial, and become certified as EBO users for a one time fee of $75.00. This is the only cost to contractors and sub-contractors associated with the EBO software system. The online EBO Training Module can be accessed at www.ebotraining.com. Click the “Register My Company” button on the login page to begin your training registration. Questions regarding EBO online training should be directed to Gerry Anguilano, IGS at (440) 238- 1684. MassDOT will track contractors and sub-contractors who have successfully completed the on-line training module. All persons performing civil rights program and/or certified payroll functions should be EBO certified. Vetting of Firms and Designated Firm Individuals Contractors must authorize a Primary Log-In ID Holder who has completed EBO on-line training to have access to the EBO system by completing and submitting the “Request For EBO System Log-In/Password Form” located on the MassDOT website at: https://www.mass.gov/how-to/how-to-get-an-ebo-login Contractors must also agree to comply with the EBO system user agreement located on the MassDOT website. All subcontracts entered into on a project must include language that identifies the submission and training requirements that the sub-contractor must perform. Sub-contractors will be approved by the respective District Office of MassDOT through the existing approval process. When new sub-contractors, who have not previously worked for MassDOT, are initially selected by a general contractor, the new sub-contractor must be approved by the District before taking the EBO on-line training module. Interim Reporting Requirements Until MassDOT is satisfied that the EBO system is fully operational and functioning as designed, contractors and sub-contractors will be required to submit certified payrolls manually. There will be a transition period where dual reporting, through manual and electronic submission, will be required. MassDOT, however, will notify contractors and sub-contractors when they may cease manual submission of certified payrolls. *** END OF DOCUMENT *** Page 93 http://www.ebotraining.com/ https://www.mass.gov/how-to/how-to-get-an-ebo-login Massachusetts Department Of Transportation Highway Division Project No. 607349 00821 - 2 THIS PAGE INTENTIONALLY LEFT BLANK Page 94 Massachusetts Department Of Transportation Highway Division Project No. 607349 00859 - 1 Bridge Replacement Br. No. N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build Project DOCUMENT 00859 CONTRACTOR/SUBCONTRACTOR CERTIFICATION FORM ‡ The contractor shall submit this completed document 00859 to MassDOT for each subcontract. _______________________________________ (Contractor) Date:_____________________________________ ___________________________________________________________(Subcontractor) District Approved Subcontractor Contract No: Project No. Federal Aid No.: Location: Project Description: PART 1 CONTRACTOR CERTIFICATION: I hereby certify, as an authorized official of this company, that to the best of my knowledge, information and belief, the company is in compliance with all applicable federal and state laws, rules, and regulations governing fair labor and employment practices, that the company will not discriminate in their employment practices, that the company will make good faith efforts to comply with the minority employee and women employee workforce participation ratio goals and specific affirmative action steps contained in Contract Document 00820 The Commonwealth of Massachusetts Supplemental Equal Employment Opportunity, Non- Discrimination and Affirmative Action Program, and that the company will comply with the special provisions and documentation indicated below (as checked). I further hereby certify, as an authorized official of this company, that the special provisions and documentation indicated below (as checked) have been or are included in, and made part of, the Subcontractor Agreement entered into with the firm named above. This is not a Federally-aided construction project Document # 00718 –Participation By Minority Or Women's Business Enterprises and SDVOBE† 00761 –Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 00820 – MA Supplemental Equal Employment Opportunity, Non-Discrimination, and Affirmative Action Program 00821 – Electronic Reporting Requirements, Civil Rights Programs, and Certified Payroll 00859 – Contractor/Subcontractor Certification Form (this document) 00860 – MA Employment Laws 00861 – Applicable State Wage Rates in the Contract Proposal** B00842 – MA Schedule of Participation By Minority or Women Business Enterprises (M/WBEs)† B00843 – MA Letter of Intent – M/WBEs† ** Does not apply to Material Suppliers, unless performing work on-site † Applies only if Subcontractor is a M/WBE; only include these forms for the particular M/WBE Entity B00844 - Schedule of Participation By SDVOBE B00845 - Letter of Intent – SDVOBE B00846 – M/WBE or SDVOBE Joint Check Arrangement Approval Form B00847 – Joint Venture Affidavit This is a Federally-aided construction project (Federal Aid Number is present) Document # 00719 – Special Provisions for Participation by Disadvantaged Business Enterprises† 00760 - Form FHWA 1273 - Required Contract Provisions for Federal-Aid Construction Contracts 00820 – MA Supplemental Equal Employment Opportunity, Non-Discrimination and Affirmative Action Program 00821 – Electronic Reporting Requirements, Civil Rights Programs and Certified Payroll 00859 – Contractor/Subcontractor Certification Form (this document) 00860 – MA Employment Laws 00870 – Standard Federal Equal Employment Opportunity Construction Contract Specifications Executive Order 11246, (41 CFR Parts 60-4.2 and 60-4.3 (Solicitations and Equal Opportunity Clauses)* 00875 – Federal Trainee Special Provisions 607349 Norwell-Pembroke- Marshfield Page 95 Massachusetts Department Of Transportation Highway Division Project No. 607349 00859 - 2 B00853 – Schedule of Participation by Disadvantaged Business Enterprise† B00854 – Letter of Intent – DBEs† B00855 – DBE Joint Check Arrangement Approval Form B00856 – Joint Venture Affidavit 00861/00880 - Applicable state and federal wage rates from Contract Proposal** *Applicable only to Contracts or Subcontracts in excess of $10,000 **Does not apply to Material Suppliers, unless performing work on-site † Applies only if Subcontractor is a DBE; only include these forms for the particular DBE Entity Signed this ________________ Day of __________________, 20_____ Under The Pains And Penalties Of Perjury. (Print Name and Title) (Authorized Signature) PART 2 PART 2 SUBCONTRACTOR CERTIFICATION: I hereby certify, as an authorized official of this company, that the required documents in Part 1 above were physically incorporated in our Agreement/Subcontract with the Contractor and give assurance that this company will fully comply or make every good faith effort to comply with the same. I further certify that: 1. This company recognizes that if this is a Federal-Aid Project, then this Contract is covered by the equal employment opportunity laws administered and enforced by the United States Department of Labor (“USDOL”), Office of Federal Contract Compliance Programs (‘OFCCP”). By signing below, we acknowledge that this company has certain reporting obligations to the OFCCP, as specified by 41 CFR Part 60-4.2. 2. This company further acknowledges that any contractor with fifty (50) or more employees on a Federal-aid Contract with a value of fifty-thousand ($50,000) dollars or more must annually file an EEO-1 Report (SF 100) to the EEOC, Joint Reporting Committee, on or before September 30th, each year, as specified by 41 CFR Part 60-1.7a. 3. For more information regarding the federal reporting requirements, please contact the USDOL, OFCCP Regional Office, at 1-646-264-3170 or EEO-1, Joint Reporting Committee at 1-866-286-6440. 4. This company has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity clauses set forth in 41 CFR Part 60-4 and Executive Order 11246, and where required, has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs or the EEO Commission all reports due under the applicable filing requirements. 5. This company is in full compliance with applicable Federal and Commonwealth of Massachusetts laws, rules, and regulations and is not currently debarred or disqualified from bidding on or participating in construction contracts in any jurisdiction of the United States. See : https://www.mass.gov/service-details/contractors-and- vendors-suspended-or-debarred-by-massdot 6. This company is properly registered and in good standing with the Office of the Secretary of the Commonwealth. Signed this ________ Day of ________________, 20_____, Under The Pains And Penalties Of Perjury. Firm: ________________________________________ Address: _____________________________________ (Print Name and Title) _____________________________________________ _____________________________________________ Telephone Number:_____________________________ Federal I.D. Number:____________________________ (Authorized Signature) Estimated Start Date:____________________________ Estimated Completion Date:______________________ Estimated Dollar Amount:________________________ (Date) Rev’d 09/02/22 *** END OF DOCUMENT *** Page 96 https://www.mass.gov/service-details/contractors-and-vendors-suspended-or-debarred-by-massdot https://www.mass.gov/service-details/contractors-and-vendors-suspended-or-debarred-by-massdot Massachusetts Department Of Transportation Highway Division Project No. 607349 00860 - 1 DOCUMENT 00860 COMMONWEALTH OF MASSACHUSETTS PUBLIC EMPLOYMENT LAWS Revised February 20, 2019 The Contractor's attention is directed to Massachusetts General Laws, Chapter 149, Sections 26 through 27H, and 150A. This contract is considered to fall within the ambit of that law, which provides that in general, the Prevailing Rate or Total Rate must be paid to employees working on projects funded by the Commonwealth of Massachusetts or any political subdivision including Massachusetts Department of Transportation (MassDOT). A Federal Aid project is also subject to the Federal Minimum Wage Rate law for construction. When comparing a state minimum wage rate, monitored by the Massachusetts Attorney General, versus federal minimum wage rate, monitored by the U.S. Department of Labor Wage and Hour Division, for a particular job classification the higher wage is at all times to be paid to the affected employee. Every contractor or subcontractor engaged in this contract to which sections twenty-seven and twenty-seven A apply will keep a true and accurate record of all mechanics and apprentices, teamsters, chauffeurs and laborers employed thereon, showing the name, address and occupational classification of each such employee on this contract, and the hours worked by, and the wages paid to, each such employee, and shall furnish to the MassDOT's Resident Engineer, on a weekly basis, a copy of said record, in a form approved by MassDOT and in accordance with M.G.L. c. 149, § 27B, signed by the employer or his/her authorized agent under the penalties of perjury. Each such contractor or subcontractor shall preserve its payroll records for a period of three years from the date of completion of the contract. The Prevailing Wage Rate generally includes the following: Minimum Hourly Wage + Employer Contributions to Benefit Plans = Prevailing Wage Rate or Total Rate Any employer who does not make contributions to Benefit Plans must pay the total Prevailing Wage Rate directly to the employee. Any deduction from the Prevailing Wage Rate or Total Rate for contributions to benefit plans can only be for a Health & Welfare, Pension, or Supplementary Unemployment plan meeting the requirements of the Employee Retirement Income Security Act (ERISA) of 1974. The maximum allowable deduction for these benefits from the prevailing wage rate cannot be greater than the amount allowed by Executive Office of Labor (EOL) for the specified benefits. Any additional expense of providing benefits to the employees is to be borne by the employer and cannot be deducted from the Minimum Hourly Wage. If the employer's benefit expense is less than that so provided by EOL the difference will be paid directly to the employee. The rate established must be paid to all employees who perform work on the project. When an employer makes deductions from the Minimum Hourly Wage for an employee's contribution to social security, state taxes, federal taxes, and/or other contribution programs, allowed by law, the employer shall furnish each employee a suitable pay slip, check stub or envelope notifying the employee of the amount of the deductions. No contractor or subcontractor contracting for any part of the contract week shall require or permit any laborer or mechanic to be employed on such work in excess of forty hours in any workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty hours in such workweek, whichever is the greater number of overtime hours. Apprentice Rates are permitted only when there is an Apprentice Agreement registered with the Massachusetts Division of Apprentice Training in accordance with M.G.L. c. 23, § 11E-11L. Page 97 Massachusetts Department Of Transportation Highway Division Project No. 607349 00860 - 2 The Prevailing Wage Rates issued for each project shall be the rates paid for the entire project. The Prevailing Wage Rates must be posted on the job site at all times and be visible from a public way. In addition, each such contractor and subcontractor shall furnish to the MassDOT's Resident Engineer, within fifteen days after completion of its portion of the work, a statement, executed by the contractor or subcontractor or by any authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, in the following form: STATEMENT OF COMPLIANCE Date: ___________________ I , ______________________________________________________________________________do hereby state: (Name of signatory party) (Title) That I pay or supervise the payment of the persons employed by: ____________________________________________________________________________________________ (Contractor or Subcontractor) on the _____________________________________________________________________________________ (MassDOT Project Location and Contract Number) and that all mechanics and apprentices, teamsters, chauffeurs and laborers employed on said project have been paid in accordance with wages determined under the provisions of sections twenty-six and twenty-seven of chapter one hundred and forty-nine of the General Laws. Signature _______________________________________________ Title _______________________________________________ The above-mentioned copies of payroll records and statements of compliance shall be available for inspection by any interested party filing a written request to the MassDOT's Resident Engineer for such inspection and copying. Massachusetts General Laws c. 149, §27, requires annual updates to prevailing wage schedules for all public construction contracts lasting longer than one year. MassDOT will request the required updates and furnish them to the Contractor. The Contractor is required to pay no less than the wage rates indicated on the annual updated wage schedules. MassDOT will request the updates no later that two week before the anniversary of the Notice to Proceed date of the contract to allow for adequate processing by the Department of Labor Standards (DLS). The effective date for the new rates will be the anniversary date of the contract (i.e. the notice to proceed date), regardless of the date of issuance on the schedule from DLS. All bidders are cautioned that the aforementioned laws require that employers pay to covered employees no less than the applicable minimum wages. In addition, the same laws require that the applicable prevailing wages become incorporated as part of this contract. The prevailing minimum wage law establishes serious civil and criminal penalties for violations, including imprisonment and exclusion from future public contracts. Bidders are cautioned to carefully read the relevant sections of the Massachusetts General Laws. *** END OF DOCUMENT *** Page 98 Massachusetts Department Of Transportation Highway Division Project No. 607349 00870 - 1 DOCUMENT 00870 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) Revised April 9, 2019 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted: b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $ 10,000 the provisions of the specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. Page 99 Massachusetts Department Of Transportation Highway Division Project No. 607349 00870 - 2 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Page 100 Massachusetts Department Of Transportation Highway Division Project No. 607349 00870 - 3 i. Direct its recruitment efforts both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11 The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. Page 101 Massachusetts Department Of Transportation Highway Division Project No. 607349 00870 - 4 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as many be required by the Government and keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 102 Massachusetts Department Of Transportation Highway Division Project No. 607349 00870 - 5 APPENDIX A The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of $ 10,000. The goals are applicable to the Contractor's aggregate on-site construction workforce whether or not part of that workforce is performing work on a Federal or federally- assisted construction contract or subcontract. Area covered: Goal for Women apply nationwide Goals and Timetables Timetable Goals (percent) From Apr. 1, 1980 until further notice 6.9 Page 103 Massachusetts Department Of Transportation Highway Division Project No. 607349 00870 - 6 APPENDIX B-80 Until further notice, the following goals for minority utilization in each construction craft and trade shall included in all Federal or federally assisted construction contracts and subcontracts in excess of $ 10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total on- site construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors participating in an approved Hometown Plan (see 41 CFR 6-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix B-80. Economic Areas STATE: Goals (percent) MASSACHUSETTS 004 Boston MA: SMSA Counties: 1123 Boston-Lowell-Brockton-Lawrence-Haverhill, MA-NH 4.0 MA Essex, MA Middlesex, MA Norfolk, MA Plymouth, MA Suffolk, NH Rockingham. 5403 Fall River- New Bedford MA, Bristol 1.6 9243 Worcester-Fitchburg-Leominster, MA 1.6 6323 Springfield-Chicopee-Holyoke MA-CT 4.8 MA Hampden, MA Hampshire Non-SMSA Counties: MA Barnstable, MA Dukes, MA Nantucket 3.6 Non-SMSA Counties: MA Franklin 5.9 Page 104 Massachusetts Department Of Transportation Highway Division Project No. 607349 00870 - 7 APPENDIX C During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), age, sex, disability, or low-income status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to nondiscrimination on the grounds of race, color, national origin (including limited English proficiency), age, sex, disability, or low-income status. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Massachusetts Department of Transportation (MassDOT) or FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor will so certify to MassDOT or FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Nondiscrimination provisions of this contract, MassDOT will impose such contract sanctions as it or FHWA may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a control, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as MassDOT or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request MassDOT to enter into any litigation to protect the interests of MassDOT. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 105 Massachusetts Department Of Transportation Highway Division Project No. 607349 00870 - 8 APPENDIX D During the performance of this contact, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor,” which includes consultants) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: PERTINENT NON-DISCRIMINATION AUTHORITIES: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-Aid programs and projects) • Federal-Aid Highway Act of 1973 (23 U.S.C. § 324 et seq.) (prohibits discrimination on the basis of sex) • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended (prohibits discrimination on the basis of disability) and 49 CFR Part 27 • The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.) (prohibits discrimination on the basis of age) • Airport and Airway Improvement Act of 1982 (49 U.S.C. § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex) • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of Federal-Aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not) • Titles II and III of the Americans with Disabilities Act (42 U.S.C. §§ 12131-12189), as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38 (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) • The Federal Aviation Administration’s Non-Discrimination Statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex) • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations) • Executive Order 13166, Improving Access to Services for People with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100) • Title IX of the Education Amendments Act of 1972, as amended (20 U.S.C. 1681 et seq.) (prohibits discrimination on the basis of sex in education programs or activities) *** END OF DOCUMENT *** Page 106 1.0 INTRODUCTION 1.1 SELECTION PROCESS 1.2 SCHEDULE OF EVENTS 1.3 CONTACT INFORMATION 2.0 TERMS, DEFINITIONS, REFERENCE DOCUMENTS AND STANDARDS 2.1 REFERENCE DOCUMENTS 2.2 AASHTO, MASSDOT AND FEDERAL STANDARDS AND CODES 3.0 PROJECT OVERVIEW 3.1 PROJECT AREA 3.2 PROJECT SUMMARY 3.3 PROJECT ELEMENTS 3.3.1 Survey 3.3.2 Geotechnical 3.3.3 Utility Coordination/Protection/Relocation/Abandonment 3.3.4 Bridge Design, and Construction Sequencing 3.3.5 Employment of Accelerated Bridge Construction (ABC) Techniques 3.3.6 Highway Design and Construction 3.3.7 Stormwater Design and Construction 3.3.8 Traffic Engineering 3.3.8.1 Traffic Design 3.3.8.2 Temporary Traffic Control 3.3.9 Wetland Mitigation/Landscape Restoration 3.3.10 Environmental Permitting 3.3.11 Construction Mitigation and Permitting 3.3.12 Right of Way 3.3.13 Public Outreach and Coordination 3.3.14 Hazardous Materials Assessment & Remediation 3.3.15 Incentive / Disincentive Clauses 3.3.16 Adjacent Projects 4.0 INSTRUCTIONS 4.1 SOQ SUBMISSION, DEADLINE, AND LOCATION INSTRUCTIONS 4.2 SOQ SUBMISSION REQUIREMENTS 4.2.1 A&E Board Pre-qualification 4.2.3 Overview of the SOQ 4.2.4 SOQ Format 4.2.5 SOQ Organization 4.3 RFQ AMENDMENT 4.4 PROPERTY OF MASSDOT 4.5 CONFIDENTIALITY OF SOQ 4.6 PUBLIC DISCLOSURE 4.7 NON-COMMITMENT 4.8 SOQ PREPARATION COSTS 4.9 NOTICE TO DESIGN-BUILDERS 4.9.1 Location 4.9.2 Bonding 4.9.3 Teaming Agreements 4.9.4 Affirmative Action/Equal Employment Opportunity (AA/EEO) 4.9.5 Reserved for Future Use 4.9.6 Nondiscrimination 4.9.7 Insurance and Risk Management 4.9.8 Conflict of Interest 4.9.9 Applicable Laws, Regulations, Guidance, Policies and Contract Terms 4.9.9.1 Criteria for Reviewing Potential Conflicts of Interest 4.9.9.2 Federal Law 4.9.9.3 State Law 4.9.9.4 MassDOT Contracts and Other Requirements 4.9.9.5 Criteria for Determining Conflicts of Interest 4.9.9.6 Conflict of Interest Determination for Entities 4.9.9.7 Process for Determining Conflicts of Interest 4.9.9.8 Conflict of Interest Determinations for Individuals 4.9.9.9 Conflict of Interest During Project 4.9.9.10 Failure to Comply with Guidance 5.0 SOQ EVALUATION PROCESS 5.1 EVALUATION CRITERIA 5.2 RIGHTS OF MASSDOT IN EVALUATING SOQS 5.3 STIPEND 5.4 PROJECT LABOR AGREEMENT STATEMENT OF QUALIFICATIONS SUBMISSION CHECKLIST DESIGN-BUILD STATEMENT OF QUALIFICATIONS TRANSMITTAL FORM SCHEDULE A – TERMINATIONS AND LEGAL PROCEEDINGS PART A. TERMINATIONS AND INCOMPLETE PROJECTS PART B. LEGAL PROCEEDINGS, CONVICTIONS AND FINES PART C. AGREEMENTS SCHEDULE B – SAFETY RECORD SCHEDULE C – LETTER EVIDENCING BONDING CAPACITY SCHEDULE D – CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS APPENDIX A: TERMS AND DEFINITIONS A.1 TERMS A.2 DEFINITIONS APPENDIX B: A&E BOARD PRE-QUALIFICATION DOCUMENTS APPENDIX C: MASSDOT CONTRACTOR PREQUALIFICATION DOCUMENTS APPENDIX D: MASSDOT DISCLOSURE FORM ORGANIZATIONAL CONFLICTS OF INTEREST APPENDIX E: STATE AND FEDERAL DOCUMENTS DOCUMENT 00760 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS DOCUMENT 00820 THE COMMONWEALTH OF MASSACHUSETTS SUPPLEMENTAL EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM DOCUMENT 00821 ELECTRONIC REPORTING REQUIREMENTS CIVIL RIGHTS PROGRAMS AND CERTIFIED PAYROLL DOCUMENT 00859 CONTRACTOR/SUBCONTRACTOR CERTIFICATION FORM ‡ DOCUMENT 00860 COMMONWEALTH OF MASSACHUSETTS PUBLIC EMPLOYMENT LAWS DOCUMENT 00870 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)

📄 607349-RFP-Volume-I-07-16-2026-w-Attachments.pdf (Parsed Contract Document)

Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
www.mass.gov/massdot




`

COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION

Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River

in the Towns of
NORWELL-PEMBROKE-MARSHFIELD
Proposal No. 607349-135382
Best Value Design-Build Procurement
Federal-Aid Project No. HIP(NGB)-003S(982)X

Phase 2
Request for Proposals
VOLUME I OF III
Instructions To Proposers

July 16, 2026



























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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page i
TABLE OF CONTENTS
Chapter 1: Introduction ........................................................................................ 1
1.1 PROJECT OVERVIEW ........................................................................................... 1
1.2 SELECTION PROCESS ........................................................................................... 2
1.3 SCHEDULE OF EVENTS ........................................................................................ 3
1.4 CONTACT INFORMATION ................................................................................... 4
1.5 MANDATORY PRE-PROPOSAL MEETING ...................................................... 4
1.5.1 UTILITY PRE-PROPOSAL MEETING ................................................................................. 4
1.6 SUBMISSION OF QUESTIONS ............................................................................. 4
1.6.1 SUBMISSION OF QUESTIONS RELATED TO UTILITIES ............................................... 4
1.7 PAYOUT SCHEDULE .............................................................................................. 5
1.8 TERMS AND DEFINITIONS .................................................................................. 5
1.9 REFERENCE DOCUMENTS AND STANDARDS ............................................... 5
1.9.1 REFERENCE DOCUMENTS ................................................................................................. 5
1.9.2 AASHTO AND MASSDOT STANDARDS ........................................................................... 6
1.9.3 FEDERAL HIGHWAY ADMINISTRATION STANDARDS ............................................... 6
Chapter 2: Procurement Process ......................................................................... 7
2.1 RECEIPT OF RFP DOCUMENTS AND OTHER NOTICES ............................. 7
2.1.1 DRAFT RFP DOCUMENTS: .................................................................................................. 7
2.1.2 CONFIDENTIAL DRAFT RFP MEETING GUIDELINES ................................................... 8
2.1.3 CONFIDENTIAL DRAFT RFP MEETING ATTENDEES.................................................... 8
2.2 EXAMINATION AND INTERPRETATION OF RFP DOCUMENTS .............. 9
2.3 ADDENDA AND CLARIFICATION NOTICES ................................................... 9
2.4 TECHNICAL CONCEPT PROPOSAL(S) ........................................................... 10
2.4.1 BASE TECHNICAL CONCEPT (BTC) PROPOSAL .......................................................... 10
2.4.2 ALTERNATIVE TECHNICAL CONCEPTS (ATCS) ......................................................... 10
2.4.3 FINAL DETERMINATION BY MASSDOT ........................................................................ 17
2.4.4 INCORPORATION OF ATCS INTO TECHNICAL PROPOSAL AND CONTRACT ...... 18
2.4.5 ATC CONFIDENTIALITY ................................................................................................... 18
2.5 PRICE PROPOSALS .............................................................................................. 19
2.6 SUBMISSION AND WITHDRAWAL OF PROPOSALS ................................... 20
2.6.1 SUBMISSION OF PROPOSALS .......................................................................................... 20
2.6.2 WITHDRAWAL OF PROPOSALS ...................................................................................... 20
2.6.3 ESCROW PROPOSAL DOCUMENTS (EPD) AND ASSOCIATED DOCUMENTS ........ 21
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page ii
2.7 EVALUATION OF PROPOSALS ......................................................................... 25
2.8 PROTESTS ............................................................................................................... 25
2.8.1 PROTESTS REGARDING RFP DOCUMENTS .................................................................. 25
2.8.2 PROTESTS REGARDING RESPONSIVENESS DETERMINATION, ORAL
PRESENTATIONS OR AWARD ......................................................................................... 26
2.9 PUBLIC RECORDS DISCLOSURE ..................................................................... 27
2.10 EX PARTE COMMUNICATION.......................................................................... 28
2.11 MASSDOT’S RIGHTS ............................................................................................ 28
Chapter 3: Submission Requirements ............................................................... 29
3.1 GENERAL FORMAT ............................................................................................. 29
3.2 PROPOSAL SUBMISSION, DEADLINE, AND LOCATION
INSTRUCTIONS ..................................................................................................... 29
3.3 TECHNICAL PROPOSAL .................................................................................... 31
3.3.1 TECHNICAL PROPOSAL FORMAT .................................................................................. 31
3.3.2 TECHNICAL PROPOSAL ORGANIZATION ..................................................................... 32
3.4 PRICE PROPOSAL ................................................................................................ 45
3.4.1 BID BOND ............................................................................................................................. 45
3.4.2 PAYOUT SCHEDULE .......................................................................................................... 45
3.5 RFP AMENDMENT ................................................................................................ 46
3.6 PROPERTY OF MASSDOT .................................................................................. 46
3.7 CONFIDENTIALITY OF TECHNICAL PROPOSALS .................................... 46
3.8 PUBLIC DISCLOSURE ......................................................................................... 46
3.9 NON-COMMITMENT............................................................................................ 46
3.10 STIPEND .................................................................................................................. 47
Chapter 4: Selection Process and Evaluation Criteria .................................... 48
4.1 INITIAL EVALUATION/EVALUATION OVERVIEW .................................... 48
4.2 ORAL PRESENTATIONS ..................................................................................... 48
4.3 PROPOSAL CLARIFICATIONS .......................................................................... 48
4.4 QUALITATIVE RATINGS .................................................................................... 49
4.5 SELECTION CRITERIA ....................................................................................... 50
4.5.1 PASS/FAIL EVALUATION CRITERIA .............................................................................. 50
4.5.2 TECHNICAL PROPOSAL EVALUATION CRITERIA
(100% OF TECHNICAL PROPOSAL) ................................................................................. 51
4.5.3 PRICE PROPOSAL EVALUATION CRITERIA (100% OF PRICE PROPOSAL) ............ 55
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page iii
4.6 PROPOSED CHANGES TO KEY PERSONNEL OR A MAJOR
PARTICIPANT AFTER PROPOSAL SUBMISSION DEADLINE .................. 55
4.7 PRICE PROPOSAL OPENING ............................................................................. 55
4.8 CONTRACT AWARD ............................................................................................ 55
4.9 RIGHTS OF MASSDOT IN EVALUATING PROPOSALS .............................. 55
Chapter 5: Miscellaneous .................................................................................... 56
5.1 PROJECT OFFICE LOCATION .......................................................................... 56
5.2 BONDING ................................................................................................................ 56
5.3 TEAMING AGREEMENTS................................................................................... 56
5.4 PROPOSED CHANGES TO KEY PERSONNEL ............................................... 56
5.5 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY
(AA/EEO).................................................................................................................. 56
5.6 DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PARTICIPATION ................................................................................................... 57
5.7 NONDISCRIMINATION ....................................................................................... 58
5.8 INSURANCE AND RISK MANAGEMENT ........................................................ 58
5.9 CONFLICT OF INTEREST ................................................................................... 59
5.9.1 APPLICABLE LAWS, REGULATIONS, GUIDANCE, POLICIES
AND CONTRACT TERMS .................................................................................................. 59
5.10 DESIGN COST STATEMENT .............................................................................. 64
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page iv

LIST OF ATTACHMENTS


A: TECHNICAL PROPOSAL FORMS
LETTER OF TRANSMITTAL
STIPEND AGREEMENT
DESIGN COST STATEMENT

B: PRICE PROPOSAL FORMS
DOCUMENT B00420 PRICE PROPOSAL FORM

C: [RESERVED FOR FUTURE USE]

D: ESCROW FORMS
ESCROW AGREEMENT
ESCROW EXHIBIT 1 – BID DOCUMENTATION ASSEMBLY CERTIFICATION
ESCROW EXHIBIT 2 – BID DOCUMENTATION DELIVERY CERTIFICATION

E: ATC RULES ACKNOWLEDGEMENT

F: CONFLICT OF INTEREST DISCLOSURE FORM



Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

INTRODUCTION Page 1
Chapter 1: Introduction
1.1 PROJECT OVERVIEW
The Massachusetts Department of Transportation – Highway Division (MassDOT), invites
Proposals from Design-Builders to design and construct the Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River Design-Build Project in the Towns of Norwell, Pembroke and
Marshfield (Proposal No. 607349-135382), as further described in this Request for Proposals (RFP). The
term “Design‐Builder” shall mean an individual, sole proprietorship, firm, partnership, joint venture,
corporation, or other legal entity that provides Design-Build services and has responded to MassDOT’s
Request for Letters of Interest.

A Best Value Design-Build (BVDB) Procurement process shall be used for the Project. A BVDB
procurement is a two‐phase selection process which begins after MassDOT gives public notice of the
Project, and solicits and receives Letters of Interest from Proposers. Phase 1 consists of creating a short list
of qualified Design-Builders (Proposers) as determined by responses to a Request for Qualifications (RFQ).
Phase 2 consists of the submission of Technical and Price Proposals by Proposers in response to an RFP,
and Contract Award to one Proposer (Design-Builder) based on Best Value, the highest overall value to
MassDOT, considering quality and cost. This BVDB Procurement is authorized under M.G.L. c. 149A, §
14 et seq.

MassDOT has established a preliminary Project cost estimate of $103,050,000.00 for Proposal
No. 607349-135382. Refer to RFP Volume II, Section 4.1 Project Overview and Existing Conditions and
Section 4.2 Scope of Work.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

INTRODUCTION Page 2
1.2 SELECTION PROCESS
Through the two-phase process, MassDOT will select the Proposal with the Best Value to
MassDOT and the Commonwealth, in which the combination of technical, qualifications, project
management, schedule, operating, and pricing factors meet or exceed MassDOT's requirements identified
in the RFP. The process is illustrated in Figure 1. Note that the RFQ process occurs in Phase 1 and the RFP
process occurs in Phase 2. MassDOT has established a Selection Committee which will be responsible for
the evaluation and ranking of the Proposals on the basis of the evaluation criteria set forth in the RFP. The
members of the Selection Committee have been approved by the Chief Engineer.

Figure 1: Two-Phase Procurement Process Diagram

Phase 2 – Request for Proposal (RFP)
MassDOT
Issues Request
for Proposals
MassDOT Conducts
Mandatory Pre-
Proposal Meeting
MassDOT Responds
to RFIs, Issues
Addendum as
Needed
Proposers
Submit RFP
Response
Oral
Presentations
MassDOT
Completes
Evaluation
MassDOT
Selects
Design-
Builder
MassDOT Executes
Contract with
Design-Builder
MassDOT
Conforms
Contract
Phase 1 – Letters of Interest, Request for Qualifications (RFQ)
MassDOT
Short-Lists
Design-Builders
MassDOT
Publishes
Advertisement
Requesting
Letters of Interest
(RFLOI)
Proposers
submit LOI
MassDOT
Issues
Request for
Qualifications
Proposers Submit
Statement of
Qualifications
(RFQ Response)
MassDOT
Reviews
Statements of
Qualifications
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

INTRODUCTION Page 3

1.3 SCHEDULE OF EVENTS
The following table provides the Proposed Schedule of Events for this Project through Notice to
Proceed.
Table 1: Schedule of Events
Phase 1: Letter of Interest (LOI) and Request for Qualifications (RFQ)
EVENT DATE TIME
Advertisement of Project Request for Letter of Interest in:
MassDOT Weekly AD, COMMBUYS,
Local Newspapers / Central Register
12/13/2025
Letters of Interest Due 3/10/2026 12:00 PM
RFQ Mailed to Interested Parties Submitting a LOI 3/11/2026
RFQ Briefing
(Virtual by email invitation) 3/24/2026 10:00 AM to
12:00 PM
MassDOT A&E Construction Prequalification Applications Due 3/30/2026 5:00 PM
RFQ Close date for questions 3/31/2026 12:00 PM
Statements of Qualifications Due 4/14/2026 12:00 PM
Design-Builders Short-Listed 5/15/2026
Design-Builders Notified 5/18/2026
Phase 2: Request for Proposals (RFP)
EVENT DATE TIME
DRAFT RFP Issued to Short-Listed Design-Builders 6/04/2026
Confidential DRAFT RFP Meeting (Virtual) 6/24/2026
FINAL RFP Issued to Short Listed Design-Builders 7/16/2026
Mandatory Pre-Proposal Meeting (Virtual, by email invitation) 7/28/2026 10:00AM -
12PM
ATC Meeting - 1 8/04/2026 TBD
ATC Meeting - 2 8/25/2026 TBD
ATC Meeting - 3 TBD
Last Day to Submit Final ATCs 9/08/2026
RFP Close date for Questions 10/15/2026
Technical & Price Proposals Due 10/30/2026 2:00 PM
Oral Presentations 11/13/2026 TBD
Public Price Proposal Opening Date 12/10/2026 2:00 PM
Anticipated Award Date TBD
Anticipated Notice to Proceed 2/16/2027
*Schedule will be provided in advance of the Presentations
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

INTRODUCTION Page 4
1.4 CONTACT INFORMATION
The Contact Person for this procurement is:
Eric Cardone P.E.
Construction Contracts Engineer
Massachusetts Department of Transportation – Highway Division
Ten Park Plaza, Room 7874
Boston, MA 02116
(857) 368-9524
massdotspecifications@dot.state.ma.us
ATTN: Laura Montiel, Design-Build Project Manager
1.5 MANDATORY PRE-PROPOSAL MEETING
A mandatory Pre-Proposal meeting is scheduled as specified under Section 1.3. This meeting will
be held virtually. Proposers may submit requests for clarification at the pre-proposal meeting.

1.5.1 UTILITY PRE-PROPOSAL MEETING
[**THIS SECTION NOT APPLICABLE**]
1.6 SUBMISSION OF QUESTIONS
Proposers may submit written questions and requests for clarifications on the information contained
in this RFP no later than the time and date specified in Section 1.3: Schedule of Events. All inquiries must
be in writing and directed to MassDOT at the following email address:
massdotspecifications@dot.state.ma.us. All inquiries must contain the project number, project name and
municipality in the email subject line. Answers to all substantive questions shall be made available to each
Proposer contact person identified in the Proposal via email. When appropriate, revisions, substitutions, or
clarifications shall be issued as official addenda to the RFP. The source of the question shall not be
disclosed within the response.

1.6.1 SUBMISSION OF QUESTIONS RELATED TO UTILITIES
If a proposer has any questions related to utility coordination or agreements, they shall be submitted
in accordance with Section 1.6
mailto:massdotspecifications@dot.state.ma.us
mailto:massdotspecifications@dot.state.ma.us
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

INTRODUCTION Page 5
1.7 PAYOUT SCHEDULE
This Project shall be a lump sum Contract with payment terms subject to the Terms and Conditions
in Section 3.4: Price Proposal specified hereinafter.
1.8 TERMS AND DEFINITIONS
The Terms and Definitions located in Volume II – Technical Provisions, Appendix A apply to this
RFP, and are organized as follows:

Appendix A: Terms and Definitions

PART A: Terms

PART B: Definitions
1.9 REFERENCE DOCUMENTS AND STANDARDS
1.9.1 REFERENCE DOCUMENTS
• MassDOT Design Build Procurement Guide
https://www.mass.gov/files/documents/2017/10/24/DesignBuildGuidelines.pdf
• Project‐Specific Reference Documents (See Volume II – Technical Provisions,
Appendix C)

Project‐Specific reference documents as identified in Volume II - Appendix C are being provided to each
Proposer; via a Dropbox link furnished by MassDOT. All plans, special provisions, reports, and comments
provided are for reference use only. The Base Technical Concept (BTC) was developed to represent
MassDOT preferences and to establish the minimum baseline requirements that must be equaled or
exceeded by the Design-Builder. All Proposers acknowledge by receipt of such plans that they explicitly
understand that while these plans have been advanced to the level shown by MassDOT, the Design-Builder
will be required to provide a final, complete Project design that is stamped and sealed by its own designer
of record, for review and approval by MassDOT and possible third parties. Revisions or additions to
information in the reference plans being provided may be necessary. MassDOT makes no representations
as to the accuracy or completeness of information contained in any documents not obtained from MassDOT,
and will not be responsible in any way for a Proposers reliance on or utilization of the contents of such
documents. The Proposer shall perform supplemental testing, data collection, survey, borings, etc. as
necessary. Utilities may be relocated, replaced or augmented by their respective owners during the Proposal
Phase. The Design-Builder shall monitor any such utility relocations and coordinate with any utility
agencies if utilities are in conflict with their proposed work.

https://www.mass.gov/files/documents/2017/10/24/DesignBuildGuidelines.pdf
Massachusetts Department Of Transportation Highway Division
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INTRODUCTION Page 6
1.9.2 AASHTO AND MASSDOT STANDARDS
AASHTO and MassDOT Standards to be applied by the Proposer are in RFP Volume II – Technical
Provisions, Section 1.2.2.


1.9.3 FEDERAL HIGHWAY ADMINISTRATION STANDARDS
Federal Highway Administration Standards to be applied by the Proposer are in Volume II –
Technical Provisions, Section 1.2.3.


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PROCUREMENT PROCESS Page 7
Chapter 2: Procurement Process
2.1 RECEIPT OF RFP DOCUMENTS AND OTHER NOTICES
This RFP has been distributed as an RFP package to all Proposers. Modifications to any proposal
documents will be made through the Addendum process and posted on www.bidx.com. The complete
addenda including updates to Volume II appendices will be uploaded to the Project RFP Dropbox folder.
MassDOT will alert each Proposer Contact Person identified in the Proposal of any addenda via e-mail.
The Proposer shall take responsibility for incorporating the revised data into the proposal upon notification
from MassDOT. The Proposer must provide an email address to MassDOT for receipt of addenda
notification. The Proposer shall provide an email verification of receipt of the addenda and/or modification
to massdotspecifications@dot.state.ma.us within twenty-four (24) hours of issuance.

The Proposer shall specify the addressee of any notices or addenda to be sent to the Proposer by
MassDOT. Failure to so notify MassDOT may result in the Proposer failing to receive addenda, notices,
and/or other important communications from MassDOT.

Any questions, requests for clarification, addenda acknowledgements or any other communications
to MassDOT under this RFP are required to be sent to: massdotspecifications@dot.state.ma.us. Any
confidential submissions or communications related to Alternative Technical Concepts are addressed in
Section 2.4.2


2.1.1 DRAFT RFP DOCUMENTS:
MassDOT plans to conduct a confidential meeting with each Proposer to review the DRAFT RFP
to identify design, construction, and Environmental criteria that may warrant further clarification or
revisions prior to final issuance of the RFP.

This one (1) hour and fifteen (15) minute meeting will be held on or about the date specified under
Section 1.3, Schedule of Events, meeting start times to be 8:30 AM, 10:30 AM or 1:00 PM requested via
an email to Narayana.Kolla@dot.state.ma.us. This meeting will offer the Proposer an opportunity for an
informal and high-level review of the draft RFP including Project specific criteria and constraints in
advance of Alternative Technical Concept (ATC) process. Issuance of the Final RFP is anticipated for
release on the date specified in Section 1.3: Schedule of Events. No financial information shall be disclosed
or discussed at these meetings.

At the confidential Draft RFP meeting, MassDOT is interested in discussing each Proposer’s
assessment of schedule risks and limitation of operations (Railway and roadway) needed in the final RFP
Technical Provisions in order to optimize the construction so that Project Goals of safety, quality, and
reduced regional and user impacts are achieved.

http://www.bidx.com/
mailto:massdotspecifications@dot.state.ma.us
mailto:massdotspecifications@dot.state.ma.us
mailto:Narayana.Kolla@dot.state.ma.us
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

PROCUREMENT PROCESS Page 8


2.1.2 CONFIDENTIAL DRAFT RFP MEETING GUIDELINES
This meeting will be confidential. Proposers are to invite MassDOT, MassDOT’s Preliminary
Design Consultant, and FHWA participants to attend a confidential on-line/virtual meeting hosted by the
Proposer. MassDOT shall provide the email addresses of participants two (2) Business Days in advance of
the meeting. The Proposer shall not seek to obtain an unfair competitive advantage over any other
Proposer. Each Proposer is prohibited from discussing the DRAFT RFP with members of the MassDOT
Selection Committee, MassDOT personnel, or MassDOT consultants outside of the confines of this
meeting.

Proposer Team Members attending the informational confidential meetings will be required to sign
an acknowledgment of meeting rules and identify all participants. All participants must attend virtually via
webcam – conference calls will not be permitted.

During each meeting, the Proposer may ask questions and/or discuss their concerns relative to the
DRAFT RFP. The Proposer shall be prepared to present PowerPoint/PDF with written questions and
provide them to MassDOT at least a day in advance of the meeting. After Proposer’s comments and
questions, MassDOT will temporarily leave the Confidential RFP meeting for up to thirty (30) minutes for
internal discussion, rejoin the meeting, and may provide general clarifications and/or responses regarding
the Draft RFP. Questions that are not addressed during this Confidential Draft RFP meeting may be
addressed in the Final RFP. Questions answered by MassDOT will solely focus on the substance of the
DRAFT RFP and the manner in which they may affect the scope of ATCs and/or Technical Proposals.

The Proposer shall note that formal addenda will not be issued during this DRAFT RFP phase, any
modifications to the RFP will be reflected in the Final RFP anticipated for release on the date specified in
Section 1.3: Schedule of Events. Any general clarifying questions that are not addressed in the FINAL RFP
may be submitted through MassDOT Specifications at massdotspecifications@dot.state.ma.us as noted in
Section 2.1.

MassDOT reserves the right to change or clarify the RFP Design Criteria or Project Requirements
based on information or issues raised during this confidential meeting.


2.1.3 CONFIDENTIAL DRAFT RFP MEETING ATTENDEES
Meeting attendees may include Selection Committee Members, MassDOT Office of the General
Counsel, and the Federal Highway Administration (FHWA) as well as any appropriate MassDOT technical
experts, including the preliminary design team. The MassDOT Office of the General Counsel
Representative will ensure that all parties abide by the meeting process and adhere to the confidentiality
agreements.

mailto:massdotspecifications@dot.state.ma.us
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

PROCUREMENT PROCESS Page 9
2.2 EXAMINATION AND INTERPRETATION OF RFP DOCUMENTS
RFP Documents will be provided to each Proposer through the MassDOT issued RFP Dropbox
folder link.. Proposers shall be solely responsible for examining, with appropriate care, the RFP
Documents, including any addenda issued, and for informing themselves with respect to any and all
conditions that may in any way affect the amount or nature of the Proposal or the performance of the
obligations of the Contract in the event of award. Failure of a Proposer to examine and inform themselves
shall be at its sole risk and no relief for error or omission will be provided by MassDOT.

Proposers are responsible for reviewing the RFP Documents and any addenda, and for requesting
clarification or interpretation of any material discrepancy, deficiency, ambiguity, error or omission
contained therein, or of any provision which Proposers otherwise fail to understand. Any such request shall
be submitted in writing at any time during the Proposal preparation period, but must be received by
MassDOT not later than the time and date specified in Section 1.3: Schedule of Events. Phone requests
will not be accepted. Email copies of each request made must be sent to
massdotspecifications@dot.state.ma.us.

If MassDOT determines that such interpretation or clarification requires a change in the RFP
Documents, MassDOT will prepare and issue addenda. MassDOT will not be bound by, and Proposers
shall not rely on, any oral communication regarding the RFP Documents. Proposers may not rely on any
communication except written communications as described in the RFP Documents. If a Proposer has
meetings or discussions with other agencies or entities during the procurement phase, the Proposer shall be
responsible for verifying with MassDOT any information received from such meetings.
2.3 ADDENDA AND CLARIFICATION NOTICES
MassDOT reserves the right to revise the RFP Documents at any time before the Proposal Due
Date. Such revisions, if any, will be announced by addenda to the RFP Documents. Copies of such addenda
will be furnished to the Proposers through the MassDOT issued RFP Dropbox folder link. If any addendum
significantly impacts the RFP, as determined at MassDOT’s discretion, MassDOT may set a new Proposal
Due Date. The announcement of such new date will be included in the Addendum.

The Contract provides that the Project shall be subject to MGL c. 149a, s. 14 et seq.

MassDOT may publish periodic clarification notices listing questions received from Proposers in
accordance with Sections 2.1 and 2.2, although not identifying the submitting Proposer, and the answers
given by MassDOT. Clarification notices will be emailed to all Proposers.

Each Proposer shall acknowledge through Bid Express, the receipt of all clarification notices and
addenda. The Contract will be based upon all clarification notices and addenda whether or not
acknowledged.

mailto:massdotspecifications@dot.state.ma.us
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

PROCUREMENT PROCESS Page 10
2.4 TECHNICAL CONCEPT PROPOSAL(S)
2.4.1 BASE TECHNICAL CONCEPT (BTC) PROPOSAL
The “Base Technical Concept” or “BTC” includes the design concepts for the proposed Bridge
Replacements and geometric improvements which make up the Design referenced in the RFP and Contract
Documents. All Proposals must incorporate the BTC without any exceptions to or deviations from the
requirements of the RFP Documents unless exceptions to or deviations from the requirements of the RFP
Documents are approved by MassDOT as Alternative Technical Concepts (ATCs) pursuant to Section
2.4.2. See Volume II – Technical Provisions and Appendix C.

2.4.2 ALTERNATIVE TECHNICAL CONCEPTS (ATCS)
Alternative Technical Concepts (ATCs) are requests by a Proposer to modify a contract
requirement and must provide a solution that is equal to or better than the requirements in the BTC. ATC
Options may be premised on deviations from the technical RFP requirements but must be shown to be
consistent with the standards set forth in the RFP and Contract Documents. All ATCs shall comply with
Environmental Approvals and permit requirements. ATCs must be pre-approved in accordance with this
Section. MassDOT has chosen to use the ATC process to allow the incorporation of innovation and
flexibility into the Technical Proposals and the selection decision process, to avoid delays and potential
conflicts in the design associated with deferring of technical concept reviews to the post-award period, and
ultimately to obtain the Best Value for the public.
The ATC process allows Proposers to submit for pre-approval proposed alternative design solutions
to the BTC. MassDOT will not approve any ATC that entails a deviation from the requirements of the as-
issued Contract Documents, unless MassDOT determines, in its sole discretion, that the proposed end
product based on the deviation is equal to or better than the BTC.
See Volume II – Technical Provisions, Section 4.3 for details related to where ATCs will not be
allowed. The Proposer will note how their proposed ATCs will affect the remaining BTC and include all
relevant interdependencies. Interdependent concepts may be combined into one (1) ATC and the Proposer
will need to describe/list all interdependent ATCs at the submission of the Executive Summary. Failure to
describe the interdependent components may result in denial of the entire ATC. Should it be determined
that a component of the interdependent ATC is not allowable, the entire ATC, or a portion thereof, may be
denied.
An Interdependent ATC is defined as follows:
Interdependent ATC – A grouping of Alternative Technical Concepts composed of multiple
deviations from the Base Technical Concept whose implementation is dependent on all components being
approved.
An interdependency example: An ATC altering the design of the pier and/or abutment seismic
retrofit. The Proposer would need to demonstrate that the redesign of the pier is interdependent upon the
ability to redesign the seismic retrofit of the abutment.

Massachusetts Department Of Transportation Highway Division
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PROCUREMENT PROCESS Page 11
The Proposer may propose a maximum number of three (3) final ATCs, although they are permitted
to propose more than three initial ATCs.
Design-Builder means and methods are not prescriptive provided that specified traffic and
operational limitations in RFP Volume II are met and, therefore, do not require the submission of ATCs for
approval.
Neither acceptance nor rejection of an ATC by MassDOT will entitle the Proposer to an extension
of the Technical Proposal Due Date or the date the ATCs are due. Each Proposer, by submittal of its
Technical Proposal, acknowledges that the opportunity to submit ATCs was offered to all Proposers and
waives any right to object to MassDOT’s determinations regarding acceptability of ATCs.
2.4.2.1 ATC INFORMATIONAL MEETINGS
MassDOT will conduct at least two (2) confidential informational meetings with each Proposer to
discuss each ATC submitted. The initial submission of the ATC shall include an Executive Summary which
describes the concept and impact the ATC has on the BTC. Refer to Section 2.4.2.2 for submission
requirements of the Executive Summary. These confidential meetings will be held prior to submittal of the
Technical/Price Proposal and the Last Date for MassDOT ATC Response.
Meeting Dates:
Meeting One – Refer to Section 1.3
Meeting Two – Refer to Section 1.3
Meeting Three – As Necessary - Refer to Section 1.3

Meeting One Schedule:
The meeting for each Proposer will be up to one (1) hour and fifteen (15) minutes in length.

• 30 Minutes Proposer Presentation of conceptual ATC overviews
• 45 Minute Question and Answer Period

Meeting Two Schedule:
The meeting for each Proposer will be up to one (1) hour and thirty (30) minutes in length.

• 45 Minutes Proposer Presentation of ATCs
• 45 Minute Question and Answer Period

Meeting Three Schedule:
• As Necessary, TBD
The meeting for each Proposer will be up to one (1) hour and thirty (30) minutes in length.

• 45 Minutes Proposer Presentation of ATCs
• 45 Minute Question and Answer Period

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PROCUREMENT PROCESS Page 12
2.4.2.1.1 ATC MEETING ONE
The goal of this confidential meeting is to provide MassDOT with an overview of the Proposer’s
ATCs in order to identify unacceptable aspects of each ATC prior to further design development. It is
MassDOT’s intent not to reject an ATC after Meeting One if aspects of the ATC have merit and may be
overcome through additional design development.

This initial meeting will offer the Proposer the opportunity to present ATCs within a maximum of
a one (1) hour and fifteen (15) minutes time frame. Proposers should be prepared to answer MassDOT
questions which will focus solely on presented ATCs and be limited to clarification of those ATCs and
clarifications of RFP criteria related to the ATCs. No financial information shall be disclosed or discussed
at these meetings.
2.4.2.1.2 ATC MEETING TWO
During the second confidential informational meeting, Proposers will be given the opportunity to
further refine and re-present ATCs that MassDOT determines require additional discussion after the first
meeting. An Executive Summary shall be submitted for each ATC presented at Meeting Two. This second
meeting will allow Proposers to present further developments in design of the ATC and should not solely
focus on comments received by MassDOT during the first meeting or received in the initial determination
response letter. Resubmission of re-presented ATCs shall meet the requirements of Section 2.4.2.2.
2.4.2.1.3 MEETING GUIDELINES
MassDOT will not discuss with any Proposer the contents of any Technical Proposal or ATCs other
than its own. The Proposer shall seek guidance from MassDOT and only the MassDOT Project Manager
or technical lead may give pre-approval of a concept, option, or component of a concept during the meeting.
The Proposer shall not seek to obtain an unfair competitive advantage over any other Proposer. Each
Proposer is prohibited from discussing any ATCs or options with members of the MassDOT Selection
Committee, MassDOT personnel or MassDOT consultants outside of the confines of the informational
meetings.
Proposer Team Members attending the meetings should have the proper expertise to present and
answer MassDOT ATC questions. Persons attending the informational meetings will be required to sign
an acknowledgment of the foregoing rules and identify all participants. (See Attachment E) All participants
must attend in person or virtually via webcam – conference calls will not be permitted.
During each meeting, the Proposer may ask questions relative to their presented ATCs or options
and MassDOT may provide responses. Questions answered by MassDOT will solely focus on ATCs and/or
options presented and the manner in which they may affect the BTC. Any general clarifying RFP questions
should be submitted through MassDOT Specifications at massdotspecifications@dot.state.ma.us as noted
in Section 2.1, of RFP Volume I.
MassDOT reserves the right to change or clarify the RFP Design Criteria or Project Requirements
based on information or issues raised during the confidential meetings.

mailto:massdotspecifications@dot.state.ma.us
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

PROCUREMENT PROCESS Page 13
2.4.2.1.4 ATC INFORMATIONAL MEETING ATTENDEES
Meeting attendees may include Selection Committee Members, MassDOT Office of the General
Counsel, and the Federal Highway Administration (FHWA) as well as any appropriate MassDOT technical
experts. The MassDOT Office of the General Counsel Representative will ensure that all parties abide by
the ATC process and adhere to the confidentiality agreements. (See Attachment E)
2.4.2.2 INITIAL SUBMISSION OF ATCs
Proposers shall upload one copy of their Executive Summary, marked confidential to the MassDOT
ATC secure Drop Box: by noontime at least three (3) Business Days prior to each ATC Meeting date
specified in Section 1.3. Each ATC should be described in one page or less. Emailed submissions will not
be accepted. Executive Summaries or ATC submissions may be uploaded at any time prior to the deadline
indicated in Section 1.3. All confidential correspondence between the Proposer and MassDOT will be
uploaded to the Proposer’s established secured Drop Box folder.

For Meeting One, Proposers are to invite MassDOT, their Preliminary Design Consultant, and
FHWA participants to attend a confidential on-line/virtual meeting held by the Proposer. Upon receipt of
the Executive Summaries, MassDOT shall provide the email addresses of participants one (1) Business Day
in advance of each ATC Meeting. Proposers are requested to upload presentation materials intended for
distribution to assist in the review of the ATC to the Confidential Folder at the conclusion of the meeting.

Meeting One: The Proposer shall be prepared to present the following information in a summary
fashion:

• Description of the general concept of ATCs under consideration or other appropriate
descriptive information such as schematic drawings of the configuration of the ATC.
• Proposed location(s) where the ATC will be used on the Project.
• References to requirements of the RFP documents which are inconsistent with the proposed
ATC, an explanation of the nature of the deviations from said requirements.
• Identification of any possible design exceptions required by the ATC.
• Listing of potential impacts such as but not limited to vehicular traffic, transit facilities, utilities
(existing locations and/or proposed relocations), pedestrian and bicycling impacts, community
impacts, safety and life-cycle Project and infrastructure costs (specifically impacts on the cost
of future operation, repair, and maintenance) and any other relevant impacts.
• A description of changes to the Environmental Impacts and Permits
• A list of other projects where the ATC has been used under comparable circumstances and the
success of such usage.
• An explanation of why grouped alternative concepts are considered interdependent.

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PROCUREMENT PROCESS Page 14
Meeting Two: Proposers are to invite MassDOT, their Preliminary Design Consultant, and FHWA
participants to attend a confidential on-line/virtual meeting held by the Proposer. Upon receipt of the
Executive Summaries, MassDOT shall provide the email addresses of participants one (1) Business Day in
advance of each ATC Meeting. The Executive Summary for Meeting Two shall include more detail of
each separately titled ATC and should include the following information, presented in a summary fashion:
• Description of the general configuration of the ATC or other appropriate descriptive
information such as schematic drawings of the configuration of the ATC and any schedule
information beneficial to the review.
• Location where the ATC will be used on the Project.
• References to requirements of the RFP documents which are inconsistent with the proposed
ATC, an explanation of the nature of the deviations from said requirements, and a request for
approval of such deviations, or a determination that the ATC is consistent with the requirements
of the RFP.
• Identification of any possible design exceptions required by the ATC.
• Listing of potential impacts such as but not limited to vehicular traffic, operations and safety
for any movement within the project limits, on either Interstate or on local roads, transit
facilities, utilities (existing locations and/or proposed locations), bus routes, emergency
response, ROW impacts, community impacts, safety and life-cycle Project and infrastructure
costs (specifically impacts on the cost of future operation, repair, and maintenance) and any
other relevant impacts.
• A Detailed description of any impacts to Environmental Permitting. If changes are required,
provide a detailed description of the regulatory permitting strategy. This shall include
information relative to the proposed change(s) in scope, changes to jurisdictional
environmental impacts (linear/square footage per resource area type as applicable), revised
mitigation (linear/square footage per resource area type as applicable), proposed timeline of
impacts and mitigation area(s) construction, anticipated regulatory submittals and/or
notifications per each agency, and timelines associated with each submittal and/or notification.
Also describe if any additional impacts under Section 4(f) of the DOT Act are anticipated (as
applicable), if additional tree clearing is proposed (with additional areas quantified), if an
updated noise model is required and if any changes to the stormwater management system are
proposed.
• A list of other projects, if any, where the ATC has been used under comparable circumstances
and the success of such usage.
• An explanation of why grouped alternative concepts are considered interdependent.
• Description of added risks with implementing the ATC including 3rd party approvals.
• Discuss and identify schedule benefits.

Meeting Three: Requirements for a third ATC meeting (if necessary) will be provided.
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PROCUREMENT PROCESS Page 15
2.4.2.3 INITIAL DETERMINATION BY MASSDOT
Within three (3) business days after each ATC meeting, MassDOT will provide written guidance
and/or make one of the following determinations with respect to each presented or submitted ATC.
Proposers will receive notification from MassDOT:
• The ATC is not approved with appropriate explanation.
• The ATC requires additional discussion at the next ATC informational meeting.
• The ATC requires Final Submission and MassDOT requests the following information be
included in your final ATC submission.

Proposers shall upload any clarifying questions regarding an ATC determination into their
respective ATC secure Drop Box and marked confidential ATC addressed to:

Eric Cardone, P.E.
Construction Contracts Engineer
Massachusetts Department of Transportation – Highway Division
Ten Park Plaza
Boston, MA 02116
ATTN: Laura Montiel, Design-Build Project Manager
2.4.2.4 FINAL SUBMISSION OF ATCs
Emailed submissions will not be accepted. Proposers shall upload one copy of their Final ATC,
marked confidential to the MassDOT ATC secure Drop Box: by the date specified in Section 1.3 Schedule
of Events – Last Date to Submit ATCs. The submissions must contain sufficient information for MassDOT
to render an opinion. Each ATC including a narrative submission, technical information, and drawings are
required. This submission shall be marked confidential and shall include all relevant material including
applicable material presented during the confidential meetings.
Should MassDOT require clarification of final ATCs submitted, Proposers are expected to respond
within two (2) Business Days. The Proposer may request clarifications on any ATC related official
communication, per Section 2.4.2.3.
MassDOT will respond to the Proposer within six (6) Business Days after the final submission of
the ATCs with a final determination. If the Proposer does not receive a return response from MassDOT
within six (6) Business Days of MassDOT’s receipt of the ATC, the Proposer shall presume that MassDOT
has rejected the ATC.

Massachusetts Department Of Transportation Highway Division
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PROCUREMENT PROCESS Page 16
Information to be included in final submission of ATCs:
• Description of the general configuration of the ATC or other appropriate descriptive
information.
• Description shall be detailed and schematic drawings of the configuration of the ATC or other
appropriate descriptive information, including if appropriate, product details (for example,
specifications, construction tolerances, and special provisions), a traffic operational analysis,
and any schedule information beneficial to the review.
• Location where the ATC will be used on the Project.
• References to requirements of the RFP documents which are inconsistent with the proposed
ATC, an explanation of the nature of the deviations from said requirements, and a request for
approval of such deviations, or a determination that the ATC is consistent with the requirements
of the RFP.
• Identification of any design exceptions required by the ATC.
• The basis of the analysis justifying the use of the ATC and why the deviation (if any) from the
requirements should be allowed.
• Analysis of potential issues with current or required Environmental Approvals.
• Listing of potential impacts such as but not limited to vehicular traffic, operations and safety for
any movement within the project limits, on either Interstate or on local roads, transit facilities,
utilities (existing locations and/or proposed locations), ), ROW impacts, community impacts,
safety and life-cycle Project and infrastructure costs (specifically impacts on the cost of future
operation, repair, and maintenance) and any other relevant impacts.
• A Detailed description of any impacts to Environmental Permitting. If changes are required,
provide a detailed description of the regulatory permitting strategy. This shall include
information relative to the proposed change(s) in scope, changes to jurisdictional environmental
impacts (linear/square footage per resource area type as applicable), revised mitigation
(linear/square footage per resource area type as applicable), proposed timeline of impacts and
mitigation area(s) construction, anticipated regulatory submittals and/or notifications per each
agency, and timelines associated with each submittal and/or notification. Also describe if any
additional impacts under Section 4(f) of the DOT Act are anticipated (as applicable), if
additional tree clearing is proposed (with additional areas quantified), if an updated noise model
is required and if any changes to the stormwater management system are proposed.

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PROCUREMENT PROCESS Page 17
• A detailed history of other projects, if any, where the ATC has been used under comparable
circumstances, the success of such usage, and names and telephone numbers of Project owners
that can confirm such statements.
• Design calculations as necessary to support the use of the ATC.
• Description of the long-term durability of implementing the ATC.
• Description of added risks with implementing the ATC.
• Discuss and identify schedule benefits.
• If applicable, digital copy of any 3-dimensional video or PowerPoint graphic presentation
presented at the ATC meeting(s).
• Any and all information requested by MassDOT in ATC Meeting One and Two initial
determination letter(s).
• All supporting documents and plans shall be marked “Final Submission” and dated.

2.4.3 FINAL DETERMINATION BY MASSDOT
MassDOT will make one of the following determinations with respect to each responsive ATC:
• The ATC is approved.
• The ATC is not approved with appropriate explanation.
• The ATC is approved with the following condition(s).
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PROCUREMENT PROCESS Page 18
2.4.4 INCORPORATION OF ATCS INTO TECHNICAL PROPOSAL AND
CONTRACT
Written approval of an ATC will constitute a change in the specific requirements of the Contract
Documents associated with the approved ATC for that specific Proposer. During design development,
should the Design-Builder be unable to obtain required approvals from 3rd parties for any ATC
incorporated into the Contract Documents, or if the ATC otherwise proves to be infeasible, the Design-
Builder will be required to conform to the original BTC requirements with no additional time to complete
the Project regardless of when it is determined to be infeasible. MassDOT will not make any adjustments
to the Contract value in the event that an ATC which was approved during the proposal phase cannot be
implemented. Any additional costs and/or changes such as but not limited to Third party
agreements/activities (utility redesign/design, regulatory permitting, railroad impacts, etc.) resulting from
an approved ATC shall be the responsibility of the Design Builder with no cost and time to MassDOT.
Each Proposer may incorporate only approved ATCs into its Technical Proposal. Copies of MassDOT’s
ATC approval letters for each incorporated ATC shall be included in the Technical Proposal in an
Appendix. Technical Proposals with or without ATCs will be evaluated against the same technical
evaluation factors, and the inclusion of an ATC, including an ATC that provides technical enhancements,
may or may not receive a higher technical rating.
Except for incorporating approved ATCs, the Technical Proposal may not otherwise contain
exceptions to or deviations from the requirements of the RFP Documents.
The RFP does not distinguish between a proposal that does not include any ATCs and proposals
that include ATCs. Both types of proposals are evaluated against the same technical evaluation factors and
a Best Value determination is made in the same manner. Following award of the Contract, the BTC, as
modified to incorporate ATCs accepted by MassDOT and other Technical Proposal concepts and
commitments made by the Proposer in the Technical Proposal will be considered the mandatory
requirement to be met in the Design and Construction of the Facility. The Contract Documents will be
conformed after Award, prior to execution of the Contract, to reflect the accepted ATCs.
2.4.5 ATC CONFIDENTIALITY
Any and all ATCs properly submitted for MassDOT consideration (including those not included in
the Technical Proposal) by a Proposer and all subsequent communications regarding its ATCs will be
considered confidential. If a Proposer wishes to make any announcement of disclosure to third parties
concerning any ATC, it shall first notify MassDOT in writing of its intent to take such action, including
details as to participants and dates, and obtain MassDOT’s approval in advance.

All ATC submittals shall remain confidential until after Contract Award pursuant to
M.G.L. c. 149A, § 19(5).
Massachusetts Department Of Transportation Highway Division
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2.5 PRICE PROPOSALS
All prospective Proposers who intend to bid on this Project must obtain “Request Proposal Form
(R109)”. The blank “Request Proposal Form (R109)” can be obtained at:
https://www.mass.gov/prequalification-of-horizontal-construction-firms.
All prospective Proposers must complete and e-mail an electronic copy of “Request Proposal Form
(R109)” to the MassDOT Director of Prequalification for approval: prequal.r109@dot.state.ma.us.

All Proposers shall use Bid Express, an on-line document and bid transmission service
(AASHTOWare Project Bids) developed by Info Tech, Inc., for submittal of bids. Proposers shall subscribe
to the Bid Express 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
email: customer.support@bidx.com

To submit a bid, the Proposer shall have a digital identification (ID) issued by MassDOT 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 Proposer’s
signature for proper execution of the Proposal.

Electronic bid files utilizing the AASHTOWare Project Bids bid software (Expedite) are provided
through the Bid Express on-line bidding exchange at http://www.bidx.com/. The Proposer shall follow the
on-line instructions and review the help screens provided to assure that the schedule of items is prepared
properly. Proposers 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, MassDOT will accept, as the official bid, the set of
proposal forms generated from the AASHTOWare Project Bids Proposal file submitted by the Proposer
which includes the price proposal sheets, bid bond submittal acknowledgement, addendum
acknowledgement, and affidavit of non-collusion acknowledgement.

MassDOT 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 Proposer’s transmitting location, at MassDOT’s receiving location, or anywhere
between these locations, and will not be considered grounds for a bid protest. MassDOT will not be held
responsible if the Proposer cannot complete and submit a bid due to failure or incomplete delivery of the
files submitted via the Internet.
https://www.mass.gov/prequalification-of-horizontal-construction-firms
mailto:prequal.r109@dot.state.ma.us
http://www.bidx.com/
mailto:customer.support@bidx.com
http://www.bidx.com/
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PROCUREMENT PROCESS Page 20
2.6 SUBMISSION AND WITHDRAWAL OF PROPOSALS
2.6.1 SUBMISSION OF PROPOSALS
The Technical Proposal submitted shall be clearly addressed and identified as described in
Section 3.2.

Technical Proposal shall be uploaded to each Proposer’s designated secured Dropbox link.

Proposals shall be submitted so that they will arrive by the date and time indicated in Section 1.3:
Schedule of Events, the Proposal Due Date. It is each Proposer’s sole responsibility to see that its Proposal
is received as stipulated. Proposals received after the time due shall be rejected without consideration or
evaluation.
Any material deemed by a Proposer to contain proprietary information shall be segmented in the
Proposal and clearly identified as proprietary. Proposers shall provide responses to all information
requested in these Instructions to Proposers. Failure to respond or to provide requested information may
result in a determination by MassDOT that a Proposal is non-responsive.

WITHDRAWAL OF PROPOSALS
A Proposal may be withdrawn at any time prior to the Proposal Due Date by means of a written
request signed by the authorized representative of the Proposer. Such written request shall be delivered to
MassDOT at the address identified in Section 2.1. The withdrawal of a Proposal will not prejudice the right
of a Proposer to file a new Proposal provided that it is received before the time due on the Proposal Due
Date. No Proposal may be withdrawn at or after the time due on the Proposal Due Date.


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2.6.3 ESCROW PROPOSAL DOCUMENTS (EPD) AND ASSOCIATED DOCUMENTS
A. Scope
Pursuant to this Section 2.6.3, each Proposer shall submit one copy of all documentary information
generated in preparation of its Price Proposal, hereinafter referred to as Escrow Proposal Documents
(“EPD”), as further defined below, no later than five (5) business days of the Proposal opening, to
FOLEY HOAG LLP, Seaport West, 155 Seaport Boulevard, Boston, MA 02210-2600, Attn:
Jeffrey B. Mullan, jmullan@foleyhoag.com, (617) 832 1110, an independent entity that receives and stores
the EPD (Escrow Agent).

Escrow Proposal Documents; Information. The term "Escrow Proposal Documents" as used in
this section shall consist of Information. “Information” as used herein shall mean any and all estimate
calculations, quantity take-offs, material quotations, or other pricing information used to estimate the cost
of each detailed component of the work. The level of detail is to correspond to each itemized component
of work consistent with each individual pricing operation/component (e.g. soil compacting component of a
backfilling operation). These include the detailed/itemized projection of crew costs, labor costs (for each
individual or labor craft category), material costs, equipment costs, and the production rates anticipated, for
each construction activity/operation detailed within each Price Proposal item. The Price Proposal back-up
should include the Proposer’s planned overhead costs, escalation costs, and estimated costs of work that
are incidental to the Price Proposal items but necessary to complete the Contract. If the Proposer is not
planning to self-perform a component of work, at the time of Price Proposal, the Price Proposal document
back-up and supporting documentation shall include all information constituting the basis of the Price
Proposal, including but not limited to, the corresponding quotation of Subcontractor(s), which should
include detailed projection of crew costs, labor costs (for each individual/craft/category), material costs,
equipment costs, and the production rates anticipated, for each construction activity/ operation detailed
within each Price Proposal item. It is understood that such Subcontractor may not be under agreement,
with the Proposer at the time of Price Proposal, however, it is also understood, and agreed, that the Design-
Builder is solely responsible for the detailed Price Proposal prices and estimate basis that have been put
forward. The term "Escrow Proposal Documents" may also include specific reference to components of
manuals, which are standard to the industry, used by the Proposers in determining Price Proposals for this
Project. Such manuals may be included in the Price Proposal documentation by reference. Such
reference(s) shall include the name and date of the Publication and the Publisher, and must correlate the
specific manual information (e.g., line item for production rate or pricing information) to the operation that
is being estimated.
The term “Escrow Proposal Documents” or “Information” shall not include documents provided
or created by MassDOT.
mailto:jmullan@foleyhoag.com
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Escrow Agent. The term “Escrow Agent” as used in this section is one that MassDOT and the
Proposers collectively select and meets the following requirements:
a. The entity has sufficient clean, accessible, and safe storage location for the EPD;
b. Is within 25 miles of MassDOT Main Offices at 10 Park Plaza, Boston;
c. Has acted as a document repository or Escrow Agent previously or as a line of its business;
d. May be a bank, law firm (that has not done business with the Design-Builder in the past 3
years), trust agency, online provider with sufficient encryption, etc. and
e. Agrees to comply with the standard Escrow Agreement, Attachment D.
In the event that the selected Escrow Agent resigns or goes out of business, MassDOT and the
Proposers shall collectively select another Escrow Agent.

B. Submittal of Escrow Proposal Documents, EPD Assembly Certification, EPD Delivery
Certification and Escrow Agreement.
1. At the time of submission, each Proposer shall certify and agree that the EPD constitute all of the
information used in preparation of the Price Proposal, and that no other Price Proposal preparation
information shall be considered in resolving disputes or claims. Each Proposer also agrees that
nothing in the EPD shall change or modify the terms or conditions of the Contract Documents. In
the event a Proposer omits any Information required in Paragraph A, above, used in estimating its
costs for the Price Proposal, then the Design-Builder will forfeit the ability and hereby waives its
right to make a claim.
2. No later than five (5) business days following Price Proposal Opening, each Proposer shall deliver
to the Escrow Agent the following four (4) documents:
a. EPD Assembly Certification (Attachment D, Exhibit 1)
b. EPD (including, but not limited to, electronic files generated in preparation of bid prices for
this Project as described below in Section C, Format and Content), in a sealed envelope or
containers.
c. EPD Delivery Certification (Attachment D, Exhibit 2)
d. Escrow Agreement
3. MassDOT reserves the right to agree to an extension of the submission deadline for good cause
shown.
4. The EPD envelope or container shall be clearly marked “Escrow Proposal Documentation” and
shall also show on the face of the container the Proposer’s name, the date of submittal and the
Proposal Number. Compliance with the terms of this Provision is within the discretion of
MassDOT.
5. The EPD Assembly Certification shall be signed by an individual authorized by the Proposer to
execute Price Proposals, stating that the material in the EPD constitutes all the documentary
information used in preparation of the Price Proposal and that the Proposer has personally examined
the contents of the EPD container and has found that the documents in the container are complete
and meet the requirements of this Provision.
6. No later than five (5) business days following delivery of the above-described documents to the
Escrow Agent, each Proposer shall email to the MassDOT Director of Construction Contracts &
Prequalification - massdotconstructioncontracts@dot.state.ma.us, the following documents:

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a. EPD Assembly Certification executed by the Proposer (copy)
b. EPD Delivery Certification executed by the Escrow Agent (copy)
c. Escrow Agreement executed by the Proposer and the Escrow Agent (original). The original
executed Agreement shall also be mailed by the BVDB to the attention of:
Leo Mooney – Director of Construction Contracts & Prequalification
Massachusetts Department of Transportation
10 Park Plaza - Suite 7360 - Boston, MA 02116

7. The Contract will not be executed until the EPD, EPD Assembly Certification (Attachment D,
Exhibit 1), EPD Delivery Certification (Attachment D, Exhibit 2) and Escrow Agreement have
been submitted as set forth in Section B.
C. Format and Content
The Proposer may submit EPD in its usual cost estimation format; provided that all Information is
clearly presented and ascertainable. It is not the intention of this Provision to cause the Proposer extra
work during the preparation of the Price Proposal, but to ensure that the EPD will be adequate to enable
complete understanding and proper interpretation for their intended use. The EPD may also be provided
electronically provided that a printed hardcopy of the documents is also submitted. The documents
should include an index listing each Price Proposal Document submitted by author, date, nature and
subject matter.
D. Document Control
MassDOT agrees to safeguard the EPD, and all information contained therein, against disclosure to the
fullest extent permitted by law.
E. Payment
There will be no separate payment for compilation of the data, container or cost of verification of the
EPD. MassDOT will pay for the cost of the Escrow Agent for the duration of the Project.
F. Storage
The EPD of the unsuccessful Proposers will be placed in escrow until Contract execution. The EPD of
the Design-Builder will be placed in escrow for the life of the Contract and Project.
G. Examination
1. The EPD shall be examined for the following two purposes only and by the following parties only:
a. Pre-Award verification of costs carried in the apparent successful Proposer’s Price Proposal,
by either the duly designated representative of MassDOT, or by the duly designated
representative of MassDOT and the duly designated representative of the apparent successful
Proposer. It will be solely in MassDOT’s discretion to determine whether such review is
required, as well as whether sole or joint review is required.
b. Negotiation of price adjustments, change orders, or settlement of disputes/claims, by the duly
designated representative of MassDOT and the duly designated representative of the Design-
Builder.
2. No other apparent successful Proposer/Design-Builder supplied documents relating to pricing
information used to estimate the cost of each detailed component of the work may be examined at
the time of the EPD examination.



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3. No copies of the EPD, or any information contained therein, shall be copied without the written
authorization of a duly authorized representative of the apparent successful Proposer/Design-
Builder, which shall not be unreasonably withheld.
4. “Unreasonable withholding of approval” and “unreasonably withheld” will be defined as a delay
in approval or authorization of greater than five (5) calendar days after the initial request is made.

5. Joint Examination.
a. MassDOT and the apparent successful Proposer/Design-Builder shall provide written direction
signed by MassDOT and the apparent successful Proposer/Design-Builder to direct that the
EPD be made available for such joint examination. MassDOT or the apparent successful
Proposer/Design-Builder shall give at least five (5) business days written notice to the other’s
designee of its request to examine the EPD.
b. Unreasonable withholding of approval will be defined by a time delay of greater than five (5)
calendar days after the initial request to have a Proposer’s/Design-Builder’s designee attend a
joint viewing of the documents. Should the apparent successful Proposer/Design-Builder not
respond, MassDOT’s designee will review the documents in the presence of MassDOT counsel
and the Escrow Agent.
c. Access to and review of the EPD may take place only in the presence of the Deputy Chief
Engineer for Construction and/or his/her designee and the authorized signatory of the apparent
successful Proposer/Design-Builder or its designee.
d. Under no circumstances shall the apparent successful Proposer/Design-Builder or MassDOT
access the documents, without presence of the apparent successful Proposer/Design-Builder’s
designee and MassDOT’s designee, at all times during the examination period. Unreasonable
refusal by Design-Builder to be present or to cooperate in any way in the review of the
documents after the provision of the written notice by MassDOT, will be the basis for
MassDOT to reject the claim and all future claims that relate to the basis of the Price Proposal.

7. MassDOT agrees to notify the apparent successful Proposer/Design-Builder of its receipt of any
request made pursuant to M.G.L. c. 66, § 10, to inspect or examine any material contained in the
EPD as soon as reasonably practical after receipt of the request.

H. Final Disposition
1. MassDOT will instruct the Escrow Agent to promptly return the EPD to the unsuccessful Proposers
if MassDOT decides not to execute a Contract with a Proposer after the Price Proposal opening or
after MassDOT has executed a Contract with the successful Proposer.
2. MassDOT will instruct the Escrow Agent to promptly return the EPD to the Design-Builder when
all of the following have occurred: all disputes regarding the Contract work have been settled, the
Contract work is completed, and Final Payment has been made and accepted.
3. MassDOT and the Proposers/Design-Builder shall provide joint written confirmation to allow
release of the EPD.
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2.7 EVALUATION OF PROPOSALS
MassDOT will evaluate Proposals according to the evaluation process set forth in Chapter 4:
Selection Process and Evaluation Criteria. MassDOT may at any time request additional written
information or clarification from any Proposer in order to assist in making its evaluation. Proposals shall
initially be valid for a period of eight (8) months from the Proposal Due Date.
2.8 PROTESTS
This Section sets forth the exclusive protest remedies with respect to the RFP. Each Proposer, by
submitting its Proposal, expressly recognizes the limitation on its right to protest contained herein, expressly
waives all other rights and remedies, and agrees that the decision on any protest, as provided herein, shall
be final and conclusive unless wholly arbitrary. These provisions are included in the RFP expressly in
consideration for such waiver and agreement by Proposers. Such waiver and agreement by each Proposer
is also consideration to each other Proposer for making the same waiver and agreement.

2.8.1 PROTESTS REGARDING RFP DOCUMENTS
Proposers may protest the terms of the RFP Documents on the grounds that any aspect of the
procurement process described herein is contrary to legal requirements applicable to this procurement.
Protests regarding the RFP Documents shall be filed only after the Proposer has informally discussed the
nature and basis of the protest with MassDOT in an effort to remove the grounds for protest. Protests
regarding the RFP Documents shall completely and succinctly state the grounds for protest and shall include
all factual and legal documentation in sufficient detail to establish the merits of the protest. Protests
regarding the RFP Documents shall be filed to the address set forth in Section 2.1 as soon as the basis for
protest is known to the Proposer, but in no event later than ten (10) Days before the Proposal Due Date,
provided that protests regarding an Addendum shall be filed no later than five (5) business days after the
Addendum is issued. No hearing will be held on the protest, but it shall be decided on the basis of the
written submissions to MassDOT, whose decision shall be final and conclusive.
MassDOT will distribute copies of the protest to other Proposers and may, but need not, request
other Proposers to submit statements or arguments regarding the protest and may, at its sole discretion,
discuss the protest with the Protester. MassDOT shall issue a written decision regarding any protest to each
Proposer. If necessary to correct any error, omission or ambiguity identified by the protest, MassDOT will
make appropriate revisions to the RFP Documents by issuing addenda. The failure of a Proposer to raise a
ground for a protest regarding the RFP Documents shall preclude consideration of that ground in any protest
of a selection unless such ground was not and could not have been known to the Proposer in time to protest
prior to the final date for such protests. MassDOT may extend the Proposal Due Date, if necessary, to
address any such protest issues.
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2.8.2 PROTESTS REGARDING RESPONSIVENESS DETERMINATION, ORAL
PRESENTATIONS OR AWARD
Proposers may protest any determination regarding lack of responsiveness or any award of the
Contract by filing, to the address set forth in Section 2.1, a Notice of Protest within seven (7) days after
receipt of notification of non-responsiveness or the initial posting of a notice of intent to award by
MassDOT, as applicable.
Within seven (7) days of the delivery of the Notice of Protest, the Protester shall file, by hand-
delivery, two (2) copies of a detailed statement of the grounds, legal authority and facts, including all
documents and evidentiary statements in support of the protest, with MassDOT. The Protester shall
concurrently file a copy of the detailed statement with the other Proposers. Evidentiary statements, if any,
shall be submitted under penalty of perjury. The Protester shall have the burden of proving its protest.
Failure to file a protest within the applicable seven (7) day period shall constitute a waiver of the right to
protest the determination, authorization or award, as applicable, other than any protest based on facts not
reasonably ascertainable as of such date.
Other Proposers may file, to the address set forth in Section 2.1, statements in support of or in
opposition to the protest within seven (7) days of the filing of the detailed statement of protest. MassDOT
will promptly forward copies of any such statement to the Protester. Any evidentiary statement shall be
submitted under penalty of perjury.
MassDOT will issue a written decision regarding the protest within ten (10) days after the filing of
the detailed statement of protest. Unless otherwise required by law, no evidentiary hearing or oral argument
shall be provided, except, in the sole discretion of MassDOT, a hearing or argument may be permitted, if
necessary, for the protection of the public interest or in recognition of an express, legally recognized interest
of the Proposer.
If MassDOT concludes that the entity filing the protest has established a basis for the protest, the
issue will be submitted to the Selection Committee to determine whether the decision will have a substantial
effect on the selection, and if so, how the new information will be addressed in the selection.
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2.9 PUBLIC RECORDS DISCLOSURE
Any materials submitted by Proposers shall be assumed to be subject to the Provisions of the
Massachusetts Public Records Law (M.G.L. c. 66, § 10) and any other laws and regulations applicable to
the disclosure of documents submitted under the RFP. MassDOT’s use and disclosure of such records are
governed by such laws. Except as provided in M.G.L. c. 4, § 7(26)(h), or any other applicable exemption,
all records, documents, drawings, plans, specifications, and other material relating to the conduct of this
procurement shall be subject to disclosure.
During the Proposal process, MassDOT will not release any information contained in any Proposal
to any third party except as may be required by applicable law. MassDOT will accept materials clearly and
prominently labeled “TRADE SECRET” or “CONFIDENTIAL” by the submitting party. Any such
proprietary information, trade secrets or confidential commercial and financial information that a Proposer
believes should be exempted from disclosure shall be specifically identified and marked as such, and shall
be submitted in a manner so it is easily segregated from the balance of the Proposal. Blanket, all-inclusive
identifications by designation of whole pages or sections as containing proprietary information, trade
secrets or confidential commercial or financial information shall not be permitted and shall be deemed
invalid. The specific proprietary information, trade secrets or confidential commercial or financial
information shall be clearly identified as such, and shall be accompanied by a concise statement of reasons
supporting the claim. MassDOT will endeavor to advise the Proposer of any request to disclose any material
properly labeled as proprietary, trade secrets or confidential so as to allow the Proposer the opportunity to
seek a court order to protect such material from disclosure. Under no circumstances, however, will
MassDOT be responsible or liable to the Proposer or any other party as a result of disclosing any such
labeled materials, whether the disclosure is deemed required by law, by a court order, or occurs through
inadvertence, mistake or negligence on the part of MassDOT, or its officers, employees, contractors or
consultants.
MassDOT will not advise a submitting party as to the nature or content of documents entitled to
protection from disclosure under applicable law, as to the interpretation of the law, or as to the definition
of trade secrets. The submitting party shall be solely responsible for all determinations made by it under
applicable laws, and for clearly and prominently marking each and every page or sheet of materials with
“TRADE SECRET” or “CONFIDENTIAL” as it determines to be appropriate. Each submitting party is
advised to contact its own legal counsel concerning the effect of applicable laws to the submitting party’s
own circumstances. Notwithstanding the representations by Proposers that material contained in a Proposal
may be a “Trade Secret” or “Confidential,” MassDOT shall have the right to use concepts contained therein.
In the event of litigation concerning the disclosure of any material submitted by any Proposer,
MassDOT’s sole involvement will be as a stakeholder retaining the material until otherwise ordered by a
court and the Proposer shall be responsible for otherwise prosecuting or defending any action concerning
the materials at its sole expense and risk.
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2.10 EX PARTE COMMUNICATION
During the RFP process (commencing on the RFP release date and continuing until Award of the
Contract or cancellation of the RFP), no employee, member or agent of any Proposer shall have any ex-
parte communication regarding the RFP Documents with any member of MassDOT’s staff, its advisors,
contractors, or consultants involved with the procurement except for communications expressly permitted
by the RFP Documents. Any Proposer engaging in such prohibited communications may be disqualified
at the sole discretion of MassDOT.
2.11 MASSDOT’S RIGHTS
MassDOT may investigate the qualifications of any Proposer under consideration, may require
confirmation of information furnished by a Proposer, and may require additional evidence of qualifications
to perform the obligations described in the RFP Documents. MassDOT reserves the right to:
• reject any or all Proposals;
• issue a new Request for Proposals;
• cancel, modify or withdraw the entire RFP;
• modify the RFP process;
• appoint a Selection Committee to review Proposals, and seek the assistance of legal and
technical advisors (“technical advisors”) in Proposal evaluations;
• approve or disapprove changes in a Proposal;
• waive minor informalities in Proposals; and
• request supplements to the Proposal in connection with the Oral Presentation process described
in Section 4.2
The RFP does not commit MassDOT to enter into the Contract, nor does it obligate MassDOT to
pay for any costs incurred in preparation and submission of a Proposal or in anticipation of the Contract.
By submitting a Proposal, a Proposer disclaims any right to be paid other than the payment of a stipend
pursuant to the terms and provisions set forth in Section 3.10 and the Stipend Agreement included in
Volume I – Instructions to Proposers, Attachment A of this RFP.

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SUBMISSION REQUIREMENTS Page 29
Chapter 3: Submission Requirements
3.1 GENERAL FORMAT
The Proposal shall contain concise written material and drawings to enable a clear understanding
and evaluation of both the capabilities of the Proposer and the characteristics and benefits of the Proposal.
Legibility, clarity and completeness of the technical approach are essential. The Proposal shall consist of
text, drawings, graphs, photographs and tables, as needed, to clearly describe the Proposer’s approach. An
8 ½-inch by 11-inch, single-spaced, minimum 11-point Times New Roman font format is required for typed
submissions in either portrait or landscape orientation, an 11-inch by 17-inch format is preferred for
drawings.
3.2 PROPOSAL SUBMISSION, DEADLINE, AND LOCATION
INSTRUCTIONS
Proposers shall submit Proposals based on the RFP. Proposals shall be segmented into two parts:
Technical Proposals and Price Proposals which must be received by MassDOT, no later than the time and
date specified in Section 1.3: Schedule of Events.

The Proposer shall submit the Price Proposal through the Bid Express on-line bidding exchange at
http://www.bidx.com/ (BidX) prior to the time set for opening of the Price Proposal.

The Proposer shall upload their Technical Proposal through the Proposer’s secured and confidential
Dropbox site provided by MassDOT by the time specified.

The Proposer is responsible for assuring that both the Technical Proposal and Price Proposal are
delivered on time and to the correct location.

The time of receipt shall be considered when the Proposal has been officially documented by
MassDOT as having been accepted at the designated location and when the Price Proposal has been
officially submitted to BidX.

http://www.bidx.com/
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SUBMISSION REQUIREMENTS Page 30

Late submissions shall not be accepted and shall be returned to the sender unopened. Delivery of
the Proposal shall be at the Proposer’s expense. The time of receipt shall be considered when the Proposal
has been officially documented by MassDOT as having been received at the location designated above, and
when the Price Proposal has been officially documented by Bidx.com as having been submitted. MassDOT
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 Proposer’s transmitting location, at MassDOT’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 Proposer cannot complete and submit a Technical Proposal due to failure or incomplete delivery of the
files submitted via the Internet. Submissions received after the time and date specified in Section 1.3:
Schedule of Events deadline shall be considered non-responsive.

All Proposals submitted in response to this RFP must consist of one (1) e-Signed original of the
Technical Proposal including all required attachments and be accompanied by an e-signed Letter of
Transmittal.

One copy of the Proposal Letter of Transmittal shall be e-signed by an official authorized to legally
bind the Proposer.

Technical Proposals electronically submitted in response to this Procurement must consist of one
electronically signed copy in searchable PDF format, including all required attachments, and must be
accompanied by an e-signed Design-Build Proposal Letter of Transmittal Form pursuant to M.G.L.
c. 110G, §2.
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SUBMISSION REQUIREMENTS Page 31
3.3 TECHNICAL PROPOSAL
Technical Proposals shall contain three major sections: a Project management summary, a
comprehensive technical approach and a technical appendix with resumes, detailed schedule, and
supporting information. The package shall indicate clearly that it is the Technical Proposal and shall clearly
identify the Proposer’s name, Project description, or any other information required. Required Proposal
organization is delineated in Section 3.3.2. The Proposal must contain a detailed CPM schedule,
preliminary design plans as appropriate, preliminary construction sequence plans as appropriate,
preliminary specifications, and technical reports to support the Proposal. The total Contract time must
appear in the Proposal.

3.3.1 TECHNICAL PROPOSAL FORMAT
The Technical Proposal shall follow the following format:

1. Each page of the Technical Proposal shall include a page number of total pages and
identification of the Proposer in the page footer.
2. The Technical Proposal shall be a searchable PDF on white pages with dimensions of 8 ½ by
11 inches with right and left margins of one inch.
3. Drawings may be provided in 11 by 17 inch format in an appendix, not part of the 30-page
limit
4. The Technical Proposal shall use Times New Roman font with a minimum size of eleven
points.
5. Different font/sizes and an 11inch by 17 inch sheet layout will be allowed for graphics, charts,
tables, figures, and captions provided that they are legible when printed and when viewed
electronically. An 11 inch by 17 inch sheet size will be counted as one page toward the 30-page
limit.
6. The Technical Proposal shall adhere to a maximum page limit of 30 pages in response to this
RFP. The contents of the Technical Proposal Appendix shall not count toward the 30-page
limit.
7. The Technical Proposal shall be submitted in electronic format in searchable PDF format as
well as the schedule file.
8. Table of Contents, any inserts and/or cover pages at the start of each section WILL NOT count
toward the total page limit.
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3.3.2 TECHNICAL PROPOSAL ORGANIZATION
Technical Proposals shall be submitted in the format outlined below. To be considered, the
Technical Proposal shall respond to all requirements in this part of the Instructions to Proposers. The
Technical Proposals shall be evaluated as per the RFP section 4.5.2 Technical Proposal Evaluation Criteria.
The required sections of the Technical Proposal are:

• Title Page
• Letter of Transmittal/Forms (WILL NOT count toward the total page limit)
• Executive Summary
• Section 1: Project Management and Coordination
• Section 2: Technical Approach
• Appendix: Resumes of Key Personnel, Project Schedule, and Technical Supportive
information
The requirements for each Technical Proposal section are detailed below. The requirements
include information that must be included in each Technical Proposal response section and shall count
toward the 30-page limit except where specified.
3.3.2.1 Letter of Transmittal/Submittal Forms
The Proposer’s Technical Proposal shall include a Letter of Transmittal e-signed by an individual(s)
authorized to bind the Proposer contractually. The Letter must state that the Technical and Price Proposal
shall remain valid for a period of eight (8) calendar months from their submission date and thereafter until
the Proposer withdraws, or a Contract is executed, or the procurement is terminated by MassDOT,
whichever occurs first.

The Letter of Transmittal shall include the name, title, address, email address, and telephone
number of one individual who can respond to requests for additional information, and also, of one individual
who is authorized to negotiate and execute a Contract on the Proposer’s behalf.

Each Proposer shall also provide appropriate evidence that the individual signing the Letter
of Transmittal and all other Proposal forms is authorized to sign the Proposal on behalf of the
Proposer and evidence that such person has the authority to bind the various participants making
up the Proposer Team and to make the representations contained in the Proposal as well as any
additional binding commitments related to the Proposal. This evidence is required.

The Letter of Transmittal form to be used is contained in RFP Volume I – Attachment A. Neither
the Letter of Transmittal, nor the evidence of authorization to sign shall count towards the 30-page limit.
The other form contained in Volume I – Attachment A, Stipend Agreement, must also be completed,
e-signed and separately submitted as part of the Technical Proposal in order for the Proposer to be eligible
to receive the stipend described in Section 3.10.

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3.3.2.2 Executive Summary
The Proposer shall submit an executive summary with its Proposal. The executive summary shall
be written in non-technical style and contain sufficient information for reviewers with both technical and
non-technical backgrounds to become familiar with the Proposal and its ability to satisfy the technical
requirements of the Project. The executive summary shall not exceed one (1) double-sided page.

The executive summary shall not include any pricing information and shall, at a minimum, include
the following:

• an explanation of the organization and contents of the Proposal;
• a summary of the proposed management, decision-making and day-to-day operation structure;
• a summary of the Technical Proposal; and
• particular aspects of the Proposal that may be beneficial to MassDOT in its review.
3.3.2.3 Section 1: Project Management and Coordination
The Proposal shall set out the Proposer’s management approach to Design-Build, project
management philosophy, plan for executing the Project and related contract administration, and how the
Proposer plans to achieve the Project requirements. The Design-Builder's Management Proposal shall
clearly illustrate the team’s capability to (a) control and coordinate the various Subcontractors and other
resources, (b) interface with MassDOT and other Federal and State agencies, (c) control the costs and
schedule of the Project, (d) comply with applicable laws, and (e) provide the experienced personnel and
facilities required to successfully complete the Project.
The Design-Builder's Management Proposal shall include the sections described below.
3.3.2.3.1 PROJECT MANAGEMENT AND PERSONNEL EXPERIENCE
Provide the following:
• A chart indicating the basic structure of the Proposer’s organization. The organization chart
shall indicate how the following functional areas will fit in the organization and which individual
or Participant will have supervisory responsibility for the functional areas:
o Project Controls
o Project Integration
o Quality Control
o Subcontracts and Procurement
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o Engineering Design, including
- Highway
- Civil/Stormwater and Drainage
- Geotechnical Investigation and Design
- Structural Design
- Roadside Safety Design
- Traffic Engineering
- Traffic Management
- Water Quality
o Safety
o Public Outreach/Coordination
o Labor Relations
o Environmental Compliance/Permitting
o Soil and Groundwater Management
o Survey
o Construction Management
o Document Control
• A narrative description of the methods to be used to ensure necessary coordination across/within
the organization.
• An affirmative statement that the resources shown or indicated in the Proposal will be available
if awarded the Contract. The Proposer shall ensure and provide evidence that, if awarded the
Contract, all Key Personnel identified in its Proposal will be available on a
full-time basis for the periods necessary to fulfill their responsibilities.
• The Proposer acknowledges that MassDOT has relied upon the Proposer’s identification of Key
Personnel and Major Participants in its Statement of Qualifications in selecting the Proposer to
receive the Request for Proposals and submit Technical and Price Proposals for the Project. If
a Proposer believes that any change to any Key Personnel or a Major Participant identified in
its Statement of Qualifications is warranted in its Technical Proposal, due to an intervening
event, the Proposer shall notify MassDOT in writing of the proposed changes. The Proposer
shall not change any person listed as Key Personnel or a Major Participant in its Technical
Proposal without the prior written consent of MassDOT. The Proposer acknowledges that
MassDOT will rely upon the Proposer’s identification of Key Personnel or a Major Participant
in evaluating the Proposer’s Technical Proposal. In the event that any of the Persons listed as
Key Personnel are proposed to be removed but remain employed by the Proposer or a
Subcontractor, then the Proposer shall provide MassDOT with a written explanation for such
removal to be approved by MassDOT, whose approval shall not be unreasonably withheld.
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• Provide the following:
o Describe efforts to include Disadvantaged Business Enterprise participation in the
Project

• Include in the organizational chart the Key Personnel who are being proposed to be in charge
of the day-to-day work on the Project as related to the Technical Approach. This includes the
key persons in charge of design, construction, and Quality Control as well as the relevant
experience of the personnel who shall be responsible for the areas of:
o Project Management
o Quality Control
o Environmental Compliance
o Design-Build Interface/Coordination
o Project Design
o Project Construction

At a minimum, the Key Personnel performing the functions listed below shall be identified and
meet all requirements specified in RFP Volume II - Technical Provisions:
o Project Manager (Full-time position)
o Quality Control (QC) Administrator
o Design Quality Control (QC) Manager
o Design Manager
o Lead Highway Engineer
o Lead Structural Engineer
o Construction Manager
o Construction Quality Control (QC) Manager (Full-time position)
o Fabrication Quality Control Manager
o Construction Superintendent(s) - Full Time at site for Day/Night shift.
o Site Safety Officer
o Environmental Compliance Manager (Construction)

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• In addition to the Key Personnel listed above, the Proposers shall also identify the Project Team
Members performing the following functions:
o Lead Traffic Engineer
o Traffic Control Supervisor
The TCS will be the Responsible Person in Charge of the Project work site relative
to all design and/or setup and maintaining temporary traffic control in the work
zone. The TCS shall be certified by the American Traffic Safety Services
Association (ATSSA) and shall have completed the Traffic Control Technician
training as a prerequisite for the Traffic Control Supervisor training and meet all
the minimum TCS certification requirements of the ATSSA Certification Board.
The TCS certification must be current and remain current for the duration of the
project.
o Lead Geotechnical Engineer
o Public Outreach Liaison
o Document Control Engineer
o Lead Drainage Engineer
o Project Scheduler
o Civil Rights Compliance Manager
The Design-Builder’s designated person who is working under the direction of the
Project Manager shall be responsible for monitoring all Civil Rights Compliance
requirements and EEO goals described in the Contract Documents.

• Explain where identified personnel shall be physically located during the time they are engaged
in the work.
• Identify differing work locations and address coordination between Design-Builder Team
Members and Subcontractors, and the Project Management Controls to be used to ensure proper
communications and work flow needed to maintain the Project schedule and budget.
• Explain how the engineering design process shall be integrated with the construction process.
• Identify the key risk areas of the Project and address how risks will be mitigated, including but
not limited to, risks identified in RFP Volume II, Section 1.4. Include all Project assumptions.
Identify the managerial process tools that the Design-Builder shall employ to address these
issues. Include the following:
o Details of the scheduling approach that shall be utilized within this effort. Include
details on how the Design-Builder shall identify and respond to spending trends and
schedule slippage (including details how the Design-Builder shall develop and utilize
an Earned Value Report in support of this Project).
o Detail the Design-Builder’s approach to managing safety requirements.
o Detail any additional process tools that shall be utilized during this effort.

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• Understanding of the Project and General Approach to Design-Build. Provide a statement of
the Proposer’s understanding of the Project, relating relevant experience to the specific needs of
the Project. Identify any unique or special qualifications the Proposer’s organization will
provide in support of the Project.
• Provide an overview of any innovative technologies or accelerated techniques to be used on the
Project, if any, inclusive of products and techniques. MassDOT encourages the use of
accelerated construction techniques, including the use of precast elements.
• As detailed in Section 5.9 Conflict of Interest, provide a completed Exhibit A included in
Attachment F, MassDOT Disclosure Form Organizational Conflicts of Interest for a
determination for a potential conflict of interest for Participants per Section 5.9 or a written
certification that none exist.
3.3.2.3.2 Quality Control (QC) System
Provide a brief narrative explaining the process for developing the Quality Control System and
Quality Management Plan (QMP) and the approach to implementing Design QC, Construction QC,
and Fabrication QC. This section of the Technical Proposal shall include at least the following:
• A narrative description of the proposed Quality Control organization, including the names and
resumes of the QC Administrator, Design QC Manager, Construction QC Manager, and
Fabrication QC Manager (Note: Resumes shall be included in Proposal Appendix).
• A chart showing the Proposer’s QC organization and how it interrelates with the other elements
of the Proposer’s organization for the Project.
• A brief narrative outlining the document management procedures to be implemented.
• A description of the Proposer’s Design QC System and how it will address the requirements
outlined in RFP Volume II – Technical Provisions, Section 2.0.
• A description of the Proposer’s Construction QC System, including QC for Fabricated Structural
items, and how each will address all requirements outlined in RFP Volume II – Technical
Provisions, Section 2.0.
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• A description of the Proposer’s Quality Control procedures to address and minimize
Non-Conformance Reports (NCRs). Provide a brief description of past experience addressing
the NCRs on the DB Projects.
• Provide details as to how the Quality Control employees will be structured within the overall
project management structure to ensure effective, autonomous Quality Control on both the
Design and Construction side of the Project.
• Provide details of the Design-Builder’s approach to independent Quality Control Oversight at
Fabrication plants above and beyond the Fabricator’s QC Program/QSM (Quality System
Manual).
• Provide details of the Design-Builder’s approach to Quality Control Oversight of the
Subconsultant and Subcontractors for the Project.
3.3.2.3.3 Design and Design Management
This section shall include a summary of the approach to development of the Project design. Provide
the following:
• A description of the plan for coordination of all disciplines involved in the Project, including
civil, highway, structural, geotechnical, traffic, stormwater, environmental,.
• Approach at the design stage, of how construction staging, constructability, traffic restrictions
and other project constraints will be addressed.
• A description of the Proposer’s design process, including the internal process for design reviews.
The program shall address design accuracy, quality of calculations and CAD products, roles,
reporting relationships and responsibilities, procedures to be implemented, how the program
will be documented, and how changes will be made to correct deficiencies.
• A description of how the design will be progressed and submitted in a timely fashion to allow
for reviews by MassDOT, their designee, and FHWA, including Over-the-Shoulder Reviews
and formal submittal reviews in advance of the work, providing for revisions if required.
• A brief narrative description of the proposed plan for furnishing the design for the Project,
including where the designers not identified as Key Personnel will be located and how designs
developed by different firms and offices will be integrated and coordinated to ensure consistency
and quality.
• A description of how Early Release work will be broken out and advanced separately from the
final design. This should include a list of anticipated Early Release design submissions.

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3.3.2.3.4 Construction and Construction Management
Describe the Proposer’s construction management organization and how it interrelates with the
other elements of the Proposer’s organization for the Project. Provide a brief narrative description of the
proposed plan for performing construction for the Project. This section of the Proposal shall include at least
the following:
• A description of the plan for coordination of all disciplines involved in the Project, including
civil, highway, structural, geotechnical, traffic, stormwater, environmental and utilities during
Early Action items and construction.
• A construction organization chart for the Project, showing the relationships between functions
shown on the chart and the functional relationships with Subcontractors. The chart shall indicate
how the Proposer intends to divide the Project into Work Packages to enable optimum
construction performance.
• A description of how the construction management will integrate the design and approval effort,
the procurement effort, the determination of the staged construction approaches for the different
Project elements, identification and resolution of constructability challenges, and the
coordination of the construction activities within the defined Project schedule.
• A description of the Proposer’s plans and procedures to ensure timely deliveries of long-lead
items to achieve the Project Schedule.
• A description of the approach to construction management, including coordination with
suppliers, vendors, fabrication, and erection activities.
• A description of Proposer’s safety and training program and how it will be implemented.
• A description of the Proposer’s plan for construction of stormwater management during all
phases of construction.
• A description of how all contingency plans will be decided upon and implemented.
• A description of Proposer’s Plan for Early Release for Construction items for the Project.
• A description of the Proposer’s Public Outreach Plan to coordinating with MassDOT’s public
outreach consultant.

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3.3.2.3.5 Schedule and Cost Control
Provide:
• An explanation of the Proposer’s approach to quantity estimating and how costs will be
controlled. Indicate how the Proposer will maximize and maintain quality at the lowest overall
cost and how price adjustments for any MassDOT-Directed Changes will be minimized;
• A description of the Proposer’s intended management system to be used during all phases of the
Work to control and coordinate the cost and schedule of the Work. Provide a brief narrative
description of the proposed Project approach, which shall include at least the following:
o A description of the system for preparing and updating the Project schedule and
calculating progress performance, including:
- A description of the schedule “updating” process that will be implemented
(recording of actuals, forecasting, optimizing, etc.).
- A description of how the Project Manager, Design Manager and site supervisor
will use this schedule information.
- A description of how this information will be used in project management
meetings.
o A description of the proposed plan to integrate Subcontractor activities into scheduling
and reporting systems;
o A description of how the Proposer will approach rescheduling activities to achieve
schedule recovery objectives and how these objectives will be enforced;
o The approach to implementation of Project Controls;
o A description of plans for mobilizing the Quality Control organization;
o A description of the construction stage that the Proposer intends to build each element
of the Project
o A description of the assumptions on MassDOT and third party review timeframes.
o A description of how intermediate milestones will be met.

Note: as part of the evaluation/score for Schedule and Cost Control, the Proposer is instructed
to provide a detailed Critical Path Method (CPM) Schedule submission with the Technical
Proposal in an Appendix.
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CPM Project Schedule
The schedule shall depict the stage in the construction process that the Proposer intends to build
each element/phase of the Project. The Proposer’s Project Schedule shall be developed using CPM
techniques and specify the time frame for interim events. These events shall include activities and durations
for the elements detailed in Section 2: Technical Approach, below.

The Technical Proposal shall indicate how the Proposer intends to meet these Milestones and these
Milestones shall be shown on the schedules submitted with the Technical Proposal.

The minimum information to be included in the summary CPM schedule of anticipated major
Milestones and their associated phasing is as follows:

Milestone
Anticipated
Start/Completion Date
(Days after NTP)
Anticipated Award Date
Design Schedule with appropriate Submittals and Acceptance Milestones
• QMP Approval
• Submittal Review & Acceptance by MassDOT/Outside Agencies
• Survey Activities/Geotechnical Investigations/ Utility Coordination
• Early Release for Construction Packages
Construction Schedule
• Major Construction Activities, Milestones, and Interim Milestones
• Baseline Schedule Approval
• Fabrication Activities
• Each Construction Phase and Access Restraints
Construction Completion
• Full Beneficial Use & Substantial Completion
• Development of Punch List
• As-Built Rating Reports
• As-Built Drawings
• Final completion Date for All Work
Final Acceptance / Contract Completion Date

In developing the Project schedule, the Proposer shall use a thirty (30) day review cycle for first submittals
and a thirty (30) day response period for complete project resubmittals.
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3.3.2.4 Section 2: Technical Approach
The BTC shall be used as the basis for the Technical Approach.
The Technical Approach shall identify the level and quality and the expected useful life of each of
the constructed Facilities, and shall identify the performance criteria against which each aspect may be
measured. Proposers are advised that the minimum design life for new roadway pavements is to be 40
years and the design life for bridges is to be 75 years. The minimum service life for bridges is to be
100 years.
The Technical Approach/Proposal shall also include the following:
3.3.2.4.1 Civil/Traffic
• General requirements and approach to design and construction of roadway, traffic staging,
signing, highway lighting, and roadway safety; including limit of work transitions.
• Approach to design, implementation, and monitoring of temporary traffic control on the
impacted roadways.
• Approach to Public Outreach communication of construction operations to the public,
communities and agencies.
• Approach to drainage design and construction of stormwater management and water quality.
• Approach to the design and construction of temporary stormwater management during
construction including temporary drainage control on bridges for each construction and
demolition stage.
• Concept plans – provide concept plans that include plans, profiles, elevations and appropriate
typical sections.
3.3.2.4.2 Environmental
• Approach to the final design and construction of all elements with respect to environmental
permits, approvals and other environmental regulations.
• Approach to updating environmental permits and approvals as necessary to support final design
and construction.
• A description of how the Proposer will work with MassDOT and the Environmental Regulatory
agencies in fulfilling its obligations under this section.
• A plan for securing a National Pollutant Discharge Elimination System (NPDES) permit from
the Environmental Protection Agency.




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3.3.2.4.3 Structures and Geotechnical
• A description of the approach to accelerated bridge construction if proposed.
• Approach to design of the bridge structure.
• Approach to design of the bridge superstructures and substructures. Description shall address
overall design approach to conform with all applicable standards, as well as how the proposed
design will limit the need for long term maintenance of the proposed structure. The approach
shall also address construction methods and equipment for the fabrication, delivery, erection,
final assembly, and camber management of the post-tensioned spliced prestressed concrete
girders shown in the BTC.
• Approach to type selection, and design of retaining walls.
• Approach and construction sequence of demolition of existing superstructure and substructure
in conformance with the limitation specified in the RFP.
• Approach to meeting the minimum 75-year design life and a minimum 100-year service life.
• Geotechnical design plan and approach, including support of excavation, cofferdams, and
temporary structural supports.
• Concept plans for each structure, which shall include a key plan, profiles, plan views, bridge
elevations, superstructure cross-sections, abutment section, bridge staging sections, other
critical sections, access routes, and aesthetic treatments. Approved ATCs that modify the BTC
Sketch Plans shall be included in the technical proposal concept plans. The Proposer’s concept
plans shall show all principal design elements to a level of detail consistent with MassDOT
Bridge Manual Sketch Plans and as modified by accepted ATC’s and serve as Bridge Sketch
Plans for the Project moving forward.

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3.3.2.4.4 Construction Staging
• Approach to the staging of the construction of the work elements in a manner that maintains
vehicle access while minimizing environmental impacts within approved permit requirements,
maintaining structural integrity of existing bridge while in service, utilizing local and regional
resources, and minimizing impacts to local businesses and residents. Work elements to be
addressed include:
o Bridge superstructure demolition
o Bridge substructure demolition
o Existing Bridge substructure stabilization
o Bridge superstructure and substructure construction
o Laydown and staging areas, including private property under consideration
o Temporary Works for construction, demolition, and maintenance of traffic.
o Methods for delivery of materials and equipment to site
o Highway reconstruction (including storm drainage features, signing, temporary
lighting, etc.)
• Approach to meeting noise and dust control criteria as identified in the Draft BTC Special
Provisions provided in the Appendix C of Volume II – Technical Provisions.
• Approach to temporary changeable message sign installations.
• Approach to traffic mitigation during periods of reduced capacity and vehicle incidents.
• Concept plans – provide Concept plans that include appropriate sections showing the proposed
construction staging and traffic management.

3.3.2.5 Appendix: Project Manager and Key Personnel Resumes/Technical Supportive
Information
Include resumes for the Project Manager, Key Personnel and other team members identified in the
Project Management and Coordination section and any supportive technical information.

Please Note: the contents of this appendix shall not count toward the Technical Proposal maximum
page limit of 30 pages.




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3.4 PRICE PROPOSAL
The Price Proposal shall be submitted through the Bid Express on-line bidding exchange at
http://www.bidx.com/. Electronic bid files are provided through the Bid Express on-line bidding exchange
at http://www.bidx.com/. The Proposer shall follow the on-line instructions and review the help screens
provided to assure that the schedule of items is prepared properly. The Proposer shall download and
acknowledge any and all addenda files prior to submitting their final bid. Price Proposals shall be submitted
in accordance with the requirements of the Bid Express Web Site.
At the designated time of Price Proposal submittal, the Bid Express web site requires a completed
set of proposal forms submitted by the Proposer which includes the price proposal sheets (Document
B00420), bid bond, addendum acknowledgement, and affidavit of non-collusion acknowledgement.

3.4.1 BID BOND
Every Proposal must be accompanied by a bid deposit in the form of a bid bond, or cash, certified
check, or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to the
awarding authority, MassDOT. The amount of such a bid deposit shall be 5 percent of the value of the
Price Proposal. Bid Bonds shall be submitted in accordance with Subsection 2.0 of the MassDOT Standard
Specifications for Highways and Bridges, 2026 and the instructions posted on the Bid Express Web Site.

3.4.2 PAYOUT SCHEDULE
This Design-Build Project is a lump sum contract. Payments shall be made through a payout
schedule based on major work items or tasks and in conjunction with Section 9.0 of RFP Volume II –
Technical Provisions.
The Proposer’s Price Proposal shall include:
• The base bid to include one lump sum cost for all design, construction, and construction
engineering and Quality Control system, as required, and any warranties required.
• Individual unit costs for bid items identified in the Price Proposal Form contained in
Attachment B: Document B00420 Price Proposal Forms. These unit costs are intended to be
used by MassDOT to validate the Proposer’s Price Proposal. The Fixed Price established for
Item 722.1 Schedule of Operations shall be entered as the unit cost. Please note: the unit price
contained in each bid item is “all inclusive” (i.e. includes all costs associated with the item).
These costs shall include, but not be limited to: design, engineering, project management,
Quality Control, equipment procurement, ancillary equipment, transport, installation,
integration, utilities, traffic protection, warranty, bonds, insurance and incidentals.
• Non-collusion certificate. (NOTE: Submitted as part of the AASHTOWare Project Bids
Submission per Section 2.5)
• Document B00420 – Price Proposal Form

http://www.bidx.com/
http://www.bidx.com/
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3.5 RFP AMENDMENT
MassDOT reserves the right to amend this RFP at its discretion, prior to the Proposal submission
deadline. In the event of an amendment to this RFP, MassDOT, at its sole discretion, may extend the
Proposal submission deadline as it deems appropriate. MassDOT will provide notifications of amendments
to this RFP to Proposers.

It is the responsibility of the Proposer to monitor www.bidx.com and the email distributed from
massdotspecifications@dot.state.ma.us for RFP timeframe amendments.
3.6 PROPERTY OF MASSDOT
All materials received in response to this RFP shall become the property of MassDOT and shall
not be returned to the Proposer.
3.7 CONFIDENTIALITY OF TECHNICAL PROPOSALS
All Technical Proposals shall remain confidential until the time of Contract Award pursuant to
M.G.L. c. 149A, § 19(5).
3.8 PUBLIC DISCLOSURE
All financial information, trade secrets or other information customarily regarded as confidential
business information shall not be deemed to be public information and shall remain confidential to the
extent permissible under current law. The Proposer shall clearly mark all material on individual pages that
it deems confidential or proprietary “CONFIDENTIAL”. The classification of the entire Proposal
document, line item prices, and/or total Proposal prices as proprietary or trade secrets is not acceptable.
3.9 NON-COMMITMENT
Notwithstanding any other provision of this RFP, this RFP does not commit MassDOT to award a
contract. MassDOT reserves the right, at its sole discretion, to reject any and all Proposals, or any portions
thereof, at any time; to cancel this RFP; and to solicit new Proposals under a new acquisition process.

http://www.bidx.com/
mailto:massdotspecifications@dot.state.ma.us
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SUBMISSION REQUIREMENTS Page 47
3.10 STIPEND
MassDOT will award a stipend in the amount of two hundred ten thousand dollars ($210,000.00)
to each unsuccessful Proposer that submits a responsive Technical Proposal and a Price Proposal that
conform to the requirements of the RFP, as determined solely by MassDOT, in accordance with M.G.L. c.
149A, sec. 19, subject to the Terms and Provisions set forth in the Stipend Agreement attached hereto in
Attachment A. Upon payment of the stipend, MassDOT may use any approved ATCs and ideas, designs,
means, and/or methods contained in the non-successful proposals in connection with any contract awarded
for the Project or in connection with a subsequent procurement without any obligation to pay any additional
compensation to the unsuccessful Proposers in accordance with M.G.L. c. 149A, sec. 19.

The Proposer’s right to receive the stipend is predicated upon the timely submission of the
Technical and Price Proposals, and the completion of MassDOT’s review of these proposals. MassDOT
will award the stipend to unsuccessful Proposers, in accordance with the terms described above, whether it
awards the Contract or not. MassDOT will pay the stipend to each eligible Proposer within ninety (90)
days after the execution of the Contract or the decision not to award a Contract.

To be eligible to receive the stipend, the Proposer must execute the Stipend Agreement, enclose it
within its Technical Proposal, and submit the Technical Proposal by the deadline set forth in RFP Volume
I – Instructions to Proposers. No exceptions to this provision will be made. If an unsuccessful
short-listed Proposer elects to waive the stipend, MassDOT will not use that Proposer’s approved ATCs,
ideas or designs in connection with the Project or in connection with any subsequent procurement.

The Stipend Agreement shall be submitted as a separate e-signed file of the Technical
Proposal.
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Chapter 4: Selection Process and Evaluation
Criteria
4.1 INITIAL EVALUATION/EVALUATION OVERVIEW
The Selection Committee shall first determine whether the Proposals meet the Pass/Fail criteria and
whether the Proposals are otherwise responsive to the requirements of the RFP. Committee members shall
evaluate the appropriate components of the Proposals against the criteria contained in this RFP and submit
the findings to the full Committee. Following the Oral Presentations, Committee members shall finalize
their evaluation sheets and narratives, where appropriate.

Committee members will not evaluate the technical component of Proposals that are deemed non-
responsive.
4.2 ORAL PRESENTATIONS
MassDOT may require each Proposer to present a fortifying presentation of its Proposal.
According to the date specified under Section 1.3, after the Proposals are submitted, Proposers that
submitted Proposals deemed responsive may be required to make an Oral Presentation (up to two (2) hours
in duration) to all members of the Selection Committee. The presentation shall afford the Proposers the
opportunity to highlight the significant aspects of their Technical Proposal and their understanding of the
Project and offer a chance for the Selection Committee to ask clarifying questions. The Selection
Committee shall decide in advance as to what Proposal information may require clarification and which of
the Proposer’s Key Personnel it wishes to interview. The Oral Presentation shall not be used to fill in
missing or incomplete information that was required in the written Proposal. The Oral Presentation shall
not be used as an opportunity by the Proposers to improve or supplement their Proposals.
Following Oral Presentations, Committee members shall complete their evaluation sheets and
narratives.
4.3 PROPOSAL CLARIFICATIONS
The Selection Committee shall determine if clarifications shall be required. The Selection
Committee shall notify in writing each Proposer for which clarifications of their Proposal are required in
accordance with the schedule contained in this RFP. Oral Presentations may be requested and shall serve
the purpose of assisting the Committee in understanding and clarifying the Proposals. Committee members
may request each Proposer to address any and all incomplete issues and/or information and may request the
submission of additional information for the purpose of clarifying and improving the Committee’s
understanding of its Proposal.

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4.4 QUALITATIVE RATINGS
Each major category and subcategory will be qualitatively evaluated by each reviewer and assigned
a rating as follows:
• EXCEPTIONAL (90-100): The Proposer has demonstrated an approach that is considered to
significantly exceed stated requirements/objectives and provides a consistently outstanding
level of quality. There is very little or no risk that this Proposer would fail to meet the
requirements of this aspect of the work. There are essentially no weaknesses in this item of the
Proposal.
• GOOD (75-89): The Proposer has demonstrated an approach which is considered to exceed
stated requirements/objectives and offers a generally better than acceptable quality. There is
little risk that this Proposer would fail to meet the requirements of this aspect of the work.
Weaknesses, if any, are very minor.
• ACCEPTABLE (60-74): The Proposer has demonstrated an approach that is considered to
meet the stated requirements/objectives and has acceptable level of quality. The Proposal, for
this aspect of the work, demonstrates a reasonable probability of success. Weaknesses are
minor and can be readily corrected.
• POOR (50-59): The Proposer has demonstrated an approach that fails to meet stated
requirements/objectives as there are weaknesses and/or deficiencies, but they are susceptible
to correction through oral presentations. The response is considered marginal in terms of the
basic content and/or the amount of information provided for evaluation, and the Proposer shall
be capable of providing an acceptable or better Proposal for this item.
• UNACCEPTABLE (0-49): The Proposer has demonstrated an approach that contains
significant weaknesses/deficiencies and/or unacceptable quality. The Proposal fails to meet the
stated requirements/objectives and/or lacks essential information and is conflicting and/or
unproductive. There is no reasonable likelihood of success; weaknesses/deficiencies are so
major and/or extensive that a major revision would be necessary.
The Selection Committee will use these guidelines as a means of converting the applicable
weighting factors to the qualitative ratings established in the review of the Proposals. These guidelines will
enable the Committee to apply the appropriate weight to each selection factor as set forth in the project
specific Technical Proposal evaluation process.
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4.5 SELECTION CRITERIA
The Selection Committee will evaluate each Proposer’s Technical Proposal. The Committee will
use the following procedure to evaluate the Proposals.

Each Selection Committee member is responsible for scoring the Proposer’s Proposals in areas of
their expertise. The Selection Committee will decide as a group if additional resources are needed to assist
them in those areas where the Committee does not possess an appropriate level of expertise. Committee
members, since chosen based upon their knowledge and expertise on the major disciplines of the Project,
may consult with each other on specific areas of the Proposals.

Each Committee member will then submit a final Technical Proposal scoring form for each
Proposer’s Proposal to the Selection Committee Chairperson. During this technical review process, it is
recommended that the Committee members meet together to discuss their thoughts on each Proposal. The
purpose of this meeting is to give each reviewer a better understanding of the technical merits of each
Proposal, not to develop a group score.

Selection Criteria to be evaluated is as follows:

4.5.1 PASS/FAIL EVALUATION CRITERIA
The Proposals will be reviewed initially for their responsiveness to the requirements of the RFP.
Proposals will also be evaluated in accordance with the following pass/fail criteria:

• Proposal was submitted per the requirements of Chapter 3
• Proposal is organized per Section 3.3
• Letter of Transmittal and all required forms have been submitted
• The Proposal Guaranty in the amount of 5% of the Price Proposal has been submitted with the
Proposal. (Note that the Bid Bond must be submitted as outlined on the Bid Express web site.)
Proposers that fail to achieve a passing score on any of the pass/fail portions of the evaluation will
not be eligible for recommendation by the Selection Committee.


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4.5.2 TECHNICAL PROPOSAL EVALUATION CRITERIA (100% OF TECHNICAL
PROPOSAL)
The qualitative evaluation of the technical aspects of the Proposal will count for 100% of the total
technical score. It will be focused on the following criteria:
4.5.2.1 DB Project Management and Coordination (35% of Technical Criteria)
The Committee will evaluate the following elements:
4.5.2.1.1 Project Management and Personnel Experience (5%)
• Experience and ability of management personnel and Key Personnel.
• Expertise of Project Manager
• Expertise and relevant experience in coordination with public agencies (city and
municipalities).
• Identification of key risks and plan to address risk issues
4.5.2.1.2 Quality Control System (10%)
• QC System and Quality Management Plan (QMP) Approach.
• General Approach to Quality Control.
• Approach to Quality Control organization and roles.
• Approach to document management procedures.
• Approach to Design Quality Control requirements.
• Approach to Fabrication Quality Control
• Approach to Construction Quality Control requirements.
• Provided description of past project implementation of successful QC System/Program.
4.5.2.1.3 Design Management (5%)
• Approach to coordination of all disciplines of engineering involved, project aesthetics as
applicable, and project constraints.
• Approach to conducting Over the Shoulder (OTS) reviews and Comment Resolution Meetings
(CRM).
• Approach to design submittal reviews, and implementation of review comments.
• Approach to addressing unique challenges and/or design concerns such as non-standard bridge
design aspects.
• Approach to identifying and advancing Early Release packages.


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4.5.2.1.4 Construction Management (5%)
• Approach to construction management. Include demolition and erection activities, utility
protection, environmental compliance and contingency planning.
• Approach to Quality Control during fabrication and construction, coordination of Quality
Control with MassDOT’s construction Acceptance inspection and material testing obligations,
and approach to address and minimize NCRs.
• Approach to coordination with the Towns of Norwell, Pembroke and Marshfield Police and
Emergency Services, State Police, and local communities for Project Traffic management and
construction sequencing.
• Approach to coordination with MassDOT related to operation of the rest areas during
construction.

4.5.2.1.5 Schedule and Cost Control (10%)
• Approach to including design schedule in the proposed management system.
• Specific procedures proposed for tracking progress and expenditures, the roles and
responsibilities for reporting results.
• Methods for meeting Completion milestones.
• Approach to mitigating schedule risk, especially in consideration of future river activities
(annual Canoe race, etc.)
• Approach to mitigating other third-party schedule impacts (Police Details).
• Approach to integration of design, procurement, construction staging, constructability
challenges, and construction activities within the Project schedule.
• Plans for initiating early work and critical path items.
• Schedule Submittal per Section 3 of the Technical Proposal.

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4.5.2.2 DB Technical Approach (65% of Technical Criteria)
Proposers are instructed to identify their approach to meeting or exceeding the required level of
quality for, and the required design life of, each constructed element of the Facility. The Committee will
evaluate the following criteria:

4.5.2.2.1 Civil / Traffic (20%)
• General requirements and approach to design and construction of roadway, traffic management,
signing, and roadway safety; including limit of work transitions.
• Approach to construction of roadway cross section and profile, including consideration of
achieving required superelevations and cross slopes.
• Approach to design, implementation, and monitoring of temporary traffic control for vehicular
traffic. Include approach to RTTM (Real Time Traffic Management)
• Approach to Public Outreach and communication of construction operations to the public,
communities and agencies.
• Approach to drainage design and construction of stormwater management and water quality.
• Approach to the design and construction of temporary stormwater management during
construction including temporary drainage control on temporary roadways and bridges for each
construction and demolition stage.
• Concept plans – provide concept plans that include plans, profiles, and appropriate typical
sections.

4.5.2.2.2 Environmental (5%)
• Approach to the final design and construction of all elements with respect to environmental
permits, approvals and other environmental regulations.
• Approach to working within existing environmental permitting or approach to mitigating
schedule risk associated with updating environmental permits and approvals as necessary to
support final design and construction.
• A description of how the Proposer will work with MassDOT and the Environmental Regulatory
agencies in fulfilling its obligations under this section.
• A plan for securing a National Pollutant Discharge Elimination System (NPDES) permit from
the Environmental Protection Agency
• Approach for coordination with MassDOT if Unknown Subsurface Contamination is
encountered on the Project and the mitigation steps Design-Builder will employ.
• A description of the procedures to be used during the generation of materials from excavations,
and the handling, transporting, stockpiling, and testing of these materials for identification and
classification as well as the legal disposal of materials.



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4.5.2.2.3 Structures (25%)
• Approach to design of the proposed bridge structure.
• Approach to design of the substructure and foundations.
• Approach to design of the superstructure.
• Approach to type selection, and design of retaining walls.
• Approach to Accelerated Bridge Construction (if applicable).
• Approach to meeting the minimum required design and service life . This includes the approach
to minimizing the need for long term maintenance of the structure.
• Geotechnical exploration plan, design plan and approach, including support of excavation.
• Concept plans -, which shall include a key plan, profiles, plan views, bridge superstructure cross-
sections, abutment section, bridge staging sections, other critical sections, access routes, and
aesthetic treatments. Approved ATCs that modify the BTC Sketch Plans shall be included in the
technical proposal concept plans. The Proposer’s concept plans shall show all principal design
elements to a level of detail consistent with MassDOT Bridge Manual Sketch Plans and as
modified by accepted ATC’s and serve as Bridge Sketch Plans for the Project moving forward.

4.5.2.2.4 Construction Staging (15%)
• Approach to the staging of the construction of the work elements while vehicle access while
maintaining structural integrity of existing bridges while in service, utilizing local and regional
resources and minimizing impacts to local businesses and residents. Work elements include:
 Approach and construction sequence of demolition of existing structures in
conformance with the limitation specified in the RFP. Description shall address
construction methods, and the size of equipment anticipated.
 Approach to construction of in-water foundations and substructures, including
methodology of fixed or floating or other access. Description shall address construction
methods, and the size of equipment anticipated.
 Approach and construction sequence for erecting superstructures while maintaining
traffic. Description shall address construction methods, and the size of equipment
anticipated
o Laydown and staging areas
o Methods of delivery of materials and equipment to site
• Approach to traffic mitigation during periods of reduced capacity and vehicle incidents.
• Approach to temporary and permanent work in and adjacent to environmentally sensitive areas
• Concept plans – provide Concept plans that include appropriate sections showing the proposed
construction staging and traffic management.

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4.5.3 PRICE PROPOSAL EVALUATION CRITERIA (100% OF PRICE PROPOSAL)
MassDOT will evaluate the Proposer’s Price Proposal. The Overall Value Rating for each Proposer
will be determined by dividing the total price provided in the Price Proposal by the cumulative score of the
Technical Proposal. The lowest Overall Value Rating (lowest price per quality point) will be deemed the
apparent BVDB.
4.6 PROPOSED CHANGES TO KEY PERSONNEL OR A MAJOR
PARTICIPANT AFTER PROPOSAL SUBMISSION DEADLINE
If a Proposer believes that any change to any Key Personnel or a Major Participant identified in its
Technical Proposal is warranted after the deadline for submission of Technical Proposals and before the
scheduled Public Price Proposal opening for the Project, due to an intervening event, the Proposer shall
notify MassDOT in writing of the proposed changes. The Proposer shall not be able to change Key
Personnel or a Major Participant listed in its Technical Proposal without the prior written consent of
MassDOT. The Proposer acknowledges that it has identified Persons to fill the Key Personnel or Major
Participant roles and that MassDOT has relied upon the Proposer’s identification of such Persons in the
selection of the Proposer. In the event that the Proposer proposes changing the Persons listed as Key
Personnel who remain employed by the Proposer or a Subcontractor, then the Proposer shall provide
MassDOT with a written explanation for such removal to be approved by MassDOT, whose approval shall
not be unreasonably withheld.
4.7 PRICE PROPOSAL OPENING
After the Technical Scores have been tabulated, MassDOT will download from www.bidx.com the
Price Proposals. MassDOT will divide each Proposer’s Price Proposal by the Technical Score to obtain an
Overall Value Rating. MassDOT will review the individual Price Proposals for errors or omissions,
subsequent to the calculation of Best Value. See Section 1.3: Schedule of Events, for Public Price Proposal
Opening/BVDB date and time.
4.8 CONTRACT AWARD
Unless all Proposals are rejected, the Selection Committee will recommend approving and entering
into final contract with the Proposer with the lowest Overall Value Rating.
4.9 RIGHTS OF MASSDOT IN EVALUATING PROPOSALS
MassDOT reserves the right to:
• Consider any source of information in evaluating Proposals.
• Omit any planned evaluation step if, in MassDOT’s view, the step is not needed.
• At its sole discretion, reject any and all Proposals at any time.
• Waive minor Proposal irregularities.
http://www.bidx.com/
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Chapter 5: Miscellaneous
5.1 PROJECT OFFICE LOCATION
Proposers submitting Proposals in response to this RFP must have an established, fully staffed office
or shall establish a Project office within one (1) mile of the Project location if selected as the Design-Builder.
The Design-Builder shall provide a field office for MassDOT and Project staff. The Design-Builder shall
plan for seven (7) MassDOT staff members.

The Design-Builder shall furnish office furniture, equipment, phone services, computers, tablets
and all office supplies and maintain an Engineer’s Field Office for five (5) MassDOT staff members in
accordance to the relevant provisions of Subsection 740 except as modified by BTC Special Provisions
Item 740.3 Engineer’s Field Office and Equipment as contained in RFP Volume II, Appendix C.
5.2 BONDING
The Design-Builder shall be bonded for one hundred percent (100%) of Contract costs prior to
Contract Award. The Proposer must be capable of providing evidence of a performance and payment bond
for the full amount of the Contract. The Proposer Team Members may combine bonding capacity in order
to achieve 100% bonding of Contract costs.
5.3 TEAMING AGREEMENTS
This procurement precludes Proposers from substituting; replacing, deleting, or adding team
members after the Proposals are submitted.
5.4 PROPOSED CHANGES TO KEY PERSONNEL
No changes to Key Personnel shall be made except as authorized by RFP Volume I, Sections
3.3.2.3.1 and 4.6.
5.5 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY
(AA/EEO)
Consultants and subconsultants of the selected Design-Builder with fifty (50) or more employees
and expected to perform services valued at fifty thousand dollars ($50,000) or more are required to have an
Affirmative Action Plan for the current year on file with MassDOT. The plan must comply with the
provisions of 41 C.F.R. Part 60-2.

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Affirmative Action Plans may be submitted to MassDOT Office of Civil Rights for review before
submission of the Price Proposal.

The Consultants and Subconsultants of the selected Design-Builder are required to supply a copy
of an approved Affirmative Action Certificate or a copy of the letter transmitting the Affirmative Action
Plan to the MassDOT Office of Civil Rights.

Consultants and subconsultants of the selected Design-Builder with less than 50 employees and
expected to perform services valued at fifty thousand dollars ($50,000) or more are required to submit the
firm’s Affirmative Action Policy.

Address questions regarding AA/EEO requirements and/or requests to renew affirmative action
certificates to:

Ana Bresciani
Massachusetts Department of Transportation
Office of Diversity & Civil Rights
10 Park Plaza, Suite 3800
Boston, MA 02116‐3973
Telephone: 857-368-8636
Email: MassDOTAffirmativeActionCert@dot.state.ma.us

5.6 DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PARTICIPATION
[**THIS SECTION NOT APPLICABLE**]




mailto:MassDOTAffirmativeActionCert@dot.state.ma.us
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5.7 NONDISCRIMINATION
The Design-Builder shall not discriminate on the grounds of race, color, religion, sex, national
origin, age or disability in the selection and retention of Subcontractors, including procurement of materials
and leases of equipment placed under the Contract.
The Design-Builder and its respective Subcontractors shall assure that applicants are employed,
and that employees are treated during employment, without regard to their race, religion, sex, color, national
origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training.
In the event of the Design-Builder’s noncompliance with the nondiscrimination requirements
stipulated by the Required Contract Provisions this will be considered a material breach of this Contract
and may result in the termination or suspension of the Contract, in whole or in part, or such sanction or
remedy deemed appropriate by the MassDOT, as provided by law, rule or regulation.
The Design-Builder shall insert these stipulations, as contained in the Required Contract
Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in
turn be made.

5.8 INSURANCE AND RISK MANAGEMENT
Prior to Contract Award, the apparent successful Proposer shall indicate methods of complying
with the liability and insurance requirements of the MassDOT Standard Specifications for Highways and
Bridges, 2026 Edition, and the additional types and amounts of insurance required under Section 18 of RFP
Volume III, “Draft Contract – Terms and Condition.”

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5.9 CONFLICT OF INTEREST
This Organizational Conflict of Interest Guidance (“Guidance”) has been developed by the
Massachusetts Department of Transportation (“MassDOT”) with respect to future participation by entities
and individuals who intend to or who may participate (“Participants”) on the Bridge Replacement, Route 3
N-24-004=P-05-008 (NB & SB) over North River Design-Build Project in the Towns of Norwell, Pembroke
and Marshfield (Proposal No. 607349-135382) (“Project”), which is being funded in whole or in part by
the Federal Highway Administration (“FHWA”). This guidance was developed to further MassDOT’s aim
and objective in maximizing competition and ensuring fairness amongst entities and individuals competing
for work on the Project. The FHWA requires that MassDOT, as a recipient of FHWA funding, conducts its
procurements in a manner that provides for full and open competition in accordance with 49 U.S.C.
§5325(a). This Guidance will also facilitate the protection of MassDOT’s interests and confidential and
sensitive Project information as well as assist Participants in making informed business decisions.

MassDOT is utilizing a design build procurement process under M.G.L. Chapter 149A
(“Procurement”). MassDOT has conducted a review of applicable laws, regulations, guidance, policies and
contract terms to determine whether a conflict of interest or the appearance of a conflict of interest would
preclude an entity or an individual from participating in the contractor procurement. This guidance will set
forth the basis for these determinations and the process by which it will be decided whether certain entities
and individuals will be precluded. For the purpose of this Guidance, any reference to a conflict includes
organizational conflicts of interest as well unless specifically stated otherwise.

5.9.1 APPLICABLE LAWS, REGULATIONS, GUIDANCE, POLICIES AND
CONTRACT TERMS
5.9.1.1 Criteria for Reviewing Potential Conflicts of Interest
Generally, MassDOT will apply the following criteria in reviewing a potential conflict of interest:

a. Lack of Impartiality. When the contractor is unable, or potentially unable, to render impartial
assistance or advice to MassDOT due to other activities, relationships, contracts, or other
circumstances;

b. Impaired Objectivity. When the Contractor’s objectivity in performing the Contract work is or
might be otherwise impaired due to other activities, relationships, contracts, or other circumstances
and
c. Unfair Competitive Advantage. The Contractor has an unfair competitive advantage.
Based on the above criteria, a designer, programmer, consultant or key subconsultant that performs
a feasibility study, master plan or program for a project is ineligible for a subsequent appointment or
employment to perform design development services for that project, unless sound reasons in the public
interest otherwise dictate.

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5.9.1.2 Federal Law
Under Federal law, recipients of aid from the United States Department of Transportation (“DOT”)
must conduct procurements in a manner that provides “full and open competition as determined by the
Secretary.” 49 U.S.C. §5325(a). The Office of Management and Budget regulations applicable to
procurements by third-party grantees of DOT provide that “contractors that develop or draft specifications,
requirements, statements of work, or invitations for bids or requests for proposals must be excluded from
competing for such procurements,” and list organizational conflicts of interest as among “the situations
considered to be restrictive of competition.: 2 C.F.R. §200.319(a).

Additionally, 23 CFR § 636.116 provides in part:

(1) Consultants and/or sub-consultants who assist the owner in the preparation of a RFP document will
not be allowed to participate as an offeror or join a team submitting a proposal in response to the
RFP. However, a contracting agency may determine there is not an organizational conflict of
interest for a consultant or sub-consultant where:
(i) The role of the consultant or sub-consultant was limited to provision of preliminary design,
reports, or similar “low-level” documents that will be incorporated into the RFP, and did
not include assistance in development of instructions to offerors or evaluation criteria, or
(ii) Where all documents and reports delivered to the agency by the consultant or sub-
consultant are made available to all offerors.

5.9.1.3 State Law
Certain state statutory provisions are applicable to this Guidance.
The participation of certain contractors and individuals are restricted by M.G.L. Chapter 268A, the
Massachusetts Conflict of Interest Law.

M.G.L. Chapter 30, §39M1/2 and M.G.L. Chapter 149A, §151/2 require that the owner’s
representative for a project by wholly independent of the designer, general contractor or any subcontractor
involved in the project.

Under M.G.L. Chapter 149A, §18: The design professional retained to provide technical assistance
and consulting services to the awarding authority shall not be eligible to participate in any way as a member
of the design build entities competing for the award of the design build contract.”

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5.9.1.4 MassDOT Contracts and Other Requirements
Subsection 2.08 of MassDOT’s standard terms and conditions for Consultant Contracts provides:

The Consultant is advised that its performance of work for MassDOT may, at any time,
raise questions about real or perceived conflicts of interest because of the Consultant's relationship
to other entities or individuals, including without limitation: (1) private and public owners of
properties that abut or may be affected by the Project, and/or (2) other state-created entities with
potentially conflicting interests and/or concerns.

Conflicts may also arise as a result of the Consultant's role at an earlier stage of a project.
If the Consultant's role at an earlier stage was significant, e.g., it included assistance in the
development of instructions to bidders, detailed cost estimates, project schedules, evaluation
criteria or other key documents and information that assisted MassDOT in determining the scope,
budget or schedule of the Project, or in choosing among design alternatives or design firms, the
Consultant may be precluded from participation in the Project at a later stage. All potential conflicts
must be disclosed to MassDOT and MassDOT will determine whether or not the Consultant may
be awarded a contract or assignment.

The Consultant agrees to certify from time to time, in a form approved by MassDOT, that
in connection with its work, it is in full compliance with the provisions of Chapter 268A of the
Massachusetts General Laws, and any other applicable conflict of interest laws.
5.9.1.5 Criteria for Determining Conflicts of Interest
The following rules are applicable to the Procurement with respect to conflicts of interest. In some
cases, entities may be subject to more than one of these rules:

a. Entities that are unable or potentially unable to provide impartial assistance to the MassDOT,
or whose objectivity in performing the contract is or might be otherwise impaired, due to other
activities, relationships, contracts, or circumstances.
b. Entities that have an unfair competitive advantage including through access to non-public
information which information cannot be made public or the unfair advantage otherwise cured.
c. Entities that performed a feasibility study, master plan or program for the Project are ineligible
to perform design development services unless MassDOT determines in its sole discretion that
sound reasons in the public interest otherwise dictate.
d. Entities that have developed or drafted specifications, requirements, statements of work, or
invitations for bids or requests for proposals or otherwise have helped establish the ground
rules for the Project.
e. Entities whose participation would create the appearance of a conflict of interest.
f. Entities precluded from participation under M.G.L. c. 268A.
g. Entities that are precluded from participation due to the terms of a prior procurement or
contract.

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5.9.1.6 Conflict of Interest Determination for Entities
MassDOT shall determine whether an organizational conflict of interest exists with respect to an
entity and whether the conflict would result in that entity being precluded from participation in the
Procurement or whether any conflict could be waived, avoided, neutralized, or mitigated. By applying these
rules, MassDOT will determine whether certain entities that have participated in the Project should be
precluded from participating in the Procurement.
5.9.1.7 Process for Determining Conflicts of Interest
Determinations shall proceed in accordance with instructions provided by MassDOT in this
Guidance and the solicitation documents.

Participants seeking a determination as to that Participant’s conflict of interest status are
encouraged to submit a Disclosure Form (the “Form”) attached as Attachment F at least 14 days prior to
the submission of Statement of Qualifications.

The Form shall be submitted by email to Narayana Murthy Kolla, P.E., at
narayana.kolla@dot.state.ma.us.

Participants must submit details of any conflict of interest issues as they currently or potentially
exist. In the event of a conflict of interest, Participants must provide MassDOT with recommendations to
avoid, neutralize or mitigate the conflict, in compliance with the FHWA and all other applicable
requirements. MassDOT shall review the Form and may request additional information to assist its
review. MassDOT at its discretion may conduct additional research or conduct meetings to gain
supplemental information. MassDOT will make the final determination as to whether a conflict of
interest exists and whether the Participant’s recommendations to avoid, neutralize, or mitigate it are
sufficient.

In making any determination, MassDOT may consider all applicable circumstances and factors
such as whether any conflict of interest is of an indirect, remote or de minimis nature and whether there are
sufficient qualified and skilled entities available. MassDOT may also decide that there are sound reasons
in the public interest that would allow a conflict of interest to be waived or mitigated through, for example,
the implementation of suitable safeguards to mitigate any conflict of interest. These safeguards may include
without limitation, ethical walls and procedures for segregation of personnel and information.

Any Determination shall be made in MassDOT’s sole discretion.

mailto:narayana.kolla@dot.state.ma.us
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5.9.1.8 Conflict of Interest Determinations for Individuals
Massachusetts' Conflict of Interest Law, Chapter 268A § 1 (q), provides that in contracts for
engineering or environmental services, where an individual within the corporate structure is specifically
targeted to perform the services, the company is precluded from bidding on the design build phase of the
project because that individual has been deemed a state employee subject to all the provisions of the Conflict
of Interest Statute, G.L. c, 268A. The determination as to whether a conflict exists under M.G.L. c. 268A
for any individual is a matter to be addressed and decided upon by the Commonwealth’s State Ethics
Commission.

If MassDOT determines that a potential or actual organizational conflict of interest exists for a
Participant, an organizational conflict of interest shall also be considered to apply to any employee of such
entity who has participated in a material way in the performance of work giving rise to the determination.
If such individual leaves the entity’s employment, the potential or actual organizational conflict of interest
shall apply to such individual in the same manner as it applies to the entity. However, the individual’s new
employer will not be considered to have an organizational conflict of interest provided the new employer
adopts and implements safeguards and mitigation measures satisfactory to MassDOT in its sole discretion.

MassDOT may require Participants and/or individuals to certify from time to time, in a form
approved by MassDOT, that in connection with its work, it is in full compliance with the provisions of
Chapter 268A, and any other applicable conflict of interest laws.
5.9.1.9 Conflict of Interest During Project
MassDOT reserves the right to: a) require any Participant to take any action necessary to remove
any conflict of interest; or b) to terminate or amend any contract with the Participant if, in the reasonable
opinion of MassDOT, any such personal or business relationship would constitute, or have the potential to
create, a conflict of interest that cannot be remedied. Participants must disclose in writing any conflicts of
interest occurring during the period of performance for the Project and, upon request of MassDOT, supply
MassDOT with such information it determines to be necessary to determine whether a conflict of interest
exists. Participants shall consult with MassDOT to learn what action must be taken to resolve such conflicts
and comply with all applicable laws and policies.

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

MISCELLANEOUS Page 64

5.9.1.10 Failure to Comply with Guidance
If MassDOT determines, in its sole discretion, that a Participant has failed to comply with this
Guidance in any respect (including any failure to disclose an actual, perceived or potential conflict of
interest) or with the requirements of any conflict of interest determination, MassDOT may take appropriate
action which may include without limitation, preclusion of the Participant and any of its parents, affiliates,
subsidiaries, subcontractors or subconsultants; requiring the implementation of mitigation measures; or
cancellation or amendment of any contract under which the Participant is working on the Project and such
termination may be deemed to be a termination for default by the Participant. In the event of any such
termination MassDOT shall not be liable for the reimbursement of all or part of the costs incurred or alleged
to have been incurred by the Participant or any of its parents, affiliates, subsidiaries, subcontractors or
subconsultants. Additionally, MassDOT shall be entitled to recover any and all payments made to the
Participant subsequent to the date when the Participant became aware of or should have become aware of
the existence of the conflict of interest.

5.10 DESIGN COST STATEMENT
The two (2) lowest Best Value Proposers shall submit as a separate electronic file, a fully
completed, e-signed Design Cost Statement contained in Attachment A by the close of business on the third
business day after the Price Proposal opening. The Design Cost furnished by the Proposer is only for
MassDOT’s use in verifying and for tracking statewide Design Services
The total Design cost shall include all Design activities required by the RFP.
Failure to comply or to demonstrate good faith efforts to meet, the requirements for Design
Cost Statement may render a Proposal non-responsive.

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT A
TECHNICAL PROPOSAL FORMS


Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382






















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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 1 of 4
Design-Build Proposal Letter of Transmittal Form


Firm Name:
Mailing Address:

Street Address (if different from mailing address):

Telephone Number: Fax Number:
Contact Person: Title:
Email: _______________




Failure to accurately and completely provide the information requested may result in the
disqualification of a respondent.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 2 of 4





















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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 3 of 4


Design - Build Proposal Letter of Transmittal Form Page 2
This form MUST be signed by an officer of the Proposer or an individual so authorized by an officer of
the Proposer who has personal knowledge regarding the information contained herein and submitted
with the Proposal.


The undersigned declares that he or she is authorized on behalf of the Proposer to (1) respond to
requests for additional information (2) negotiate and execute a contract with MassDOT for the
Project and (3) has provided appropriate evidence that the individual signing the Letter of
Transmittal and all other Proposal forms is authorized to sign the Proposal on behalf of Proposer
and the evidence that such person has the authority to bind the various participants making up the
Proposal, to all representation contained in the Proposal as well as to commit any additional
binding commitments related to the Proposal.
The undersigned declares that he or she carefully examined all the documents contained and
referenced in the Design-Build Request for Proposals (RFP) solicitation for the Design and
Construction of the Bridge Replacement, N-24-004=P-05-008 Route 3 (NB & SB) over North
River Design-Build in Norwell–Pembroke–Marshfield, Massachusetts; Proposal No. 607349-
135382, and certifies to the best of his/her knowledge, that this Proposal fully complies with all
of the requirements of the RFP and all addenda and clarifications issued in regard to the RFP.
The undersigned further certifies that no person acting for, or employed by, the Commonwealth
of Massachusetts is directly or indirectly interested in this Proposal or any subsequent proposal,
or in any contract which may be made under it, or in expected profits to arise therefrom; that the
undersigned Proposer has not influenced or attempted to influence any person or corporation
other than a member of the Proposer to file a Proposal or subsequent proposal or to refrain from
doing so or to influence the terms of the Proposal or any subsequent proposal of any other person
or corporation; and that this submission is made in good faith without collusion or connection
with any other person or entity applying for the same work not identified as a member of the
Proposer.
The undersigned agrees that if the Proposal is accepted by MassDOT, it shall execute the
Contract and furnish a Performance Bond for the full amount of the Contract price.
The undersigned further certifies under pains and penalties of perjury that no member of the
Proposer is debarred from doing public construction work in the Commonwealth of
Massachusetts under the provisions of section twenty nine F of chapter twenty nine, or any other
applicable debarment provision of any other chapter of the General Laws or any rule or
regulation promulgated thereunder, and further is not debarred from doing public construction
work under any law, rule or regulation of the federal government.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 4 of 4
Design - Build Proposal Letter of Transmittal Form Page 3

The undersigned states that this Proposal shall remain valid for a period of eight (8) calendar
months from its submission date and thereafter until the prospective Proposer withdraws it or a
contract is executed or the procurement is terminated by MassDOT, whichever occurs first.
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY:

Signature:
(Signature of Authorized Representative)
Name:
Title:
Firm Name:
Date:





Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382
Page 1 of 4
NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement, N-24-004=P-05-008 Route 3 (NB & SB) over North River
Design-Build

STIPEND AGREEMENT
Contract No. 135382
Federal-Aid Project No. HIP(NGB)-003S(982)X
State Project No. 607349
Vendor No. __________________

BY THIS AGREMEENT, made and entered into this _____ day of ______________ the
COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TRANSPORTATION,
hereinafter called MassDOT, and the _____________________________ of
____________________, authorized to conduct business in the Commonwealth of
Massachusetts, hereinafter called Contractor, agree as follows:

1. SERVICES AND PERFORMANCE
a. In connection with MassDOT’s Request for Proposals (RFP) dated July 16, 2026,
for the Design and Construction of the Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River, Design-Build in Norwell–Pembroke–
Marshfield, Massachusetts; Proposal No. 607349-135382, MassDOT does hereby
retain the Proposer to prepare a responsive technical proposal in accordance with
said RFP.
b. All information, designs and ideas, description of approaches to the Project, etc.,
performed by the Contractor pursuant to this Agreement shall be considered
works for hire and shall become the property of MassDOT without restriction or
limitation on their use. The Contractor shall not copyright any of the material
developed under this Agreement.
c. Reference herein to RFP shall mean the RFP identified in Section 1.a.
2. TERM
Unless otherwise provided herein, the provisions of this Agreement shall remain in full
force and effect until execution of the Design-Build Contract or a one (1) year term from
the date of the execution of this Agreement, whichever occurs last. Technical proposals
are due by the dates set forth in the RFP document referenced in Section 1.a.
3. COMPENSATION AND PAYMENT
a. If the Contractor is not awarded the Design-Build Contract by MassDOT,
MassDOT agrees to pay the Contractor a lump sum amount of two hundred ten
thousand dollars ($210,000.00) for a responsive technical and price proposal
(“Stipend”) in accordance with the terms and provisions set forth in this Stipend
Agreement.
b. If MassDOT executes the Design-Build Contract with the Contractor, the
Contractor will not be compensated for preparation of its technical and price
proposal through this Agreement.
c. In the event the Design-Build Contract is not awarded, all Proposers that have
submitted technical and price proposals by the deadline set forth in the RFP,
which MassDOT, in its sole discretion, has determined to be responsive to the
RFP, and that have submitted an executed Stipend Agreement enclosed within its
technical proposal by the deadline set forth in the RFP, shall receive the Stipend.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382
Page 2 of 4
DESIGN-BUILD STIPEND AGREEMENT (Continued)

d. In the event a Design-Build Contract is awarded and executed, all Proposers,
except the Contractor that executed the Contract, that submitted technical and
price proposals by the deadline set forth in the RFP, which MassDOT, in its sole
discretion, determined to be responsive to the RFP, and that submitted an
executed Stipend Agreement enclosed within its technical proposal by the
deadline set forth in the RFP, shall receive the Stipend.
e. Payment shall be made within ninety (90) days of the execution of the contract or
the decision not to award a contract. Non-selected Contractors may elect not to
accept the Stipend to retain intellectual rights to proposed ideas submitted.
f. MassDOT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in
excess of the budget amounts available for expenditure during such fiscal year.
Any contract, verbal or written, made in violation of this subsection is null and
void, and no money shall be paid on such contract. MassDOT’s performance and
obligation to pay under this Contract may be contingent upon an annual
appropriation by the Legislature.
4. INDEMNITY
a. Contractor agrees that it will indemnify, defend, and hold MassDOT, its officers,
agents, and employees harmless from any claims, losses, causes of action,
damages, costs, charges, or expenses, including attorney’s fees incurred by
MassDOT, from any acts, actions, neglect, or omissions arising from the
performance of this Agreement by Contractor, its agents, employees, and
subcontractors.
b. MassDOT’s failure to notify Contractor of a claim shall not release Contractor’s
obligation to indemnify, defend, and pay for the defense, or at MassDOT’s option,
to participate and associate with MassDOT in defense of any claim.
c. The parties agree that 1% of the total compensation to the Contractor for
performance of this Agreement is the specific consideration from MassDOT to
the Contractor for the Proposer’s indemnity Agreement.
5. COMPLIANCE WITH LAWS
a. The Contractor shall allow public access to all documents, papers, letters, or other
material subject to the provisions of M.G.L. c. 66 and 950 CMR.
b. The Contractor shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or disability in the
performance of work under this Agreement.
c. Contractor covenants and agrees that it and its employees will be bound by the
standards of conduct provided in applicable Massachusetts General Laws and
applicable rules of the Division of Professional Licensure or applicable licensing
board as they relate to work performed under this Agreement.
d. MassDOT will consider employment of unauthorized aliens by any contractor to
be a violation of Section 274(e) of the Immigration and Nationality Act. If the
Contractor knowingly employees unauthorized aliens, such violation will be cause
for unilateral cancellation of this Agreement.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382
Page 3 of 4
DESIGN-BUILD STIPEND AGREEMENT (Continued)

6. EARLY TERMINATION
a. This Agreement may be terminated by MassDOT in whole or in part at any time
if the interest of MassDOT necessitates such termination.
b. If MassDOT withdraws the RFP referenced in Section 1.a, this Agreement shall
be considered terminated effective the date of the withdrawal.
c. If this Agreement is terminated prior to the opening of the price proposals as set
forth in the RFP identified in Section 1.a, no payment will be made to the
Contractor.
d. If this Agreement is terminated after the opening of price proposals as set forth in
the RFP and prior to execution of a Design-Build Contract, the Contractor shall be
entitled to the compensation set forth in Section 3.a, provided the Contractor
submitted to MassDOT a responsive proposal.
7. ASSIGNMENT
The Contractor shall not assign or transfer any rights under this Agreement without the
written consent of MassDOT.
8. MISCELLANEOUS
a. The Contractor and MassDOT agree that the Contractor, its employees, and
subcontractors are not agents of MassDOT as a result of this Agreement.
b. All words used herein in the singular form shall extend to and include the plural.
All words used in the plural form shall extend and include the singular. All words
used in any gender shall extend to and include all genders.
c. This Agreement embodies the whole agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein, and
this Agreement shall supersede all previous communications, representations, or
agreements, either verbal or written, between the parties hereto.
d. It is understood and agreed by the parties hereto that if any part, term or provision
of this Agreement is by the courts held to be illegal or in conflict with any laws of
the Commonwealth of Massachusetts, the validity of the remaining portions or
provisions shall not be affected, and the rights and obligations of the parties shall
be construed and enforced as if the Agreement did not contain the particular part,
term or provisions held to be invalid.
e. This Agreement shall be governed by and construed in accordance with the laws
of the Commonwealth of Massachusetts.
f. In any legal action related to this Agreement, instituted by either party, Contractor
hereby waives any and all privileges and rights it may have under Massachusetts
General Laws relating to venue, as they now exist or may hereafter be amended,
and any such privileges and rights it may have under any other statute, rule, or
case law, including, but not limited to those grounded on convenience. Any such
legal action may be brought in the appropriate Court in any county chosen by
MassDOT, and in the event that Contractor files any such legal action, Contractor
hereby consents to the transfer of venue of the county chosen by MassDOT upon
MassDOT filing a motion requesting the same.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382
Page 4 of 4
DESIGN-BUILD STIPEND AGREEMENT (Continued)

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.

NAME OF PROPOSER MASSACHUSETTS
DEPARTMENT OF TRANSPORTATION

By: ___________________________ By: ______________________________________


(Print/Type Name) (Print/Type Name)

Title: _________________________ Title: _____________________________________

______________________________________________________________________________
FOR MASSDOT USE ONLY

APPROVED: LEGAL REVIEW:

_____________________________ ____________________________________
Contracts Unit Office of the General Counsel
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

1
NORWELL–PEMBROKE–MARSHFIELD
Bridge Replacement, N-24-004=P-05-008 Route 3 (NB & SB) over North River
Design-Build

Design-Build Procurement

DESIGN COST STATEMENT
This total design cost is to be provided by the Proposer for information only. The cost of
Preliminary Design, Final Design and Permits/ Amendments/Environmental Approvals should
be included in each Payment Item according to the Instructions to Proposers (ITP) Attachment B
Document B00420 – Price Proposal Form.

The two (2) lowest Best Value Proposers shall submit a fully completed, signed Design Cost
Statement by the close of business on the third business day after the Price Proposal opening.


Design Cost: __________________________
Lump Sum

________________________________ ____________________________________
Proposer Signature


________________________________ ____________________________________
Date Title

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

2



















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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382


REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT B
DOCUMENT B00420
PRICE PROPOSAL FORM



Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382























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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

B00420 - 1
DOCUMENT B00420


PROPOSAL


MARSHFIELD - NORWELL - PEMBROKE


For: Bridge Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River


COMMONWEALTH OF MASSACHUSETTS

LOCATION


The work referred to herein is in the Towns of Marshfield, Norwell, and Pembroke, in Plymouth County, in the
Commonwealth of Massachusetts, and is shown by the locus map (Document 00331) provided in RFP Volume II,
Appendix D, the work locations extend as follows:


Bridge No. N-24-004 = P-05-008

Beginning – Station 303+50.00 ±
Bridge No. N-24-004 = P-05-008
Ending – Station 357+00.00 ±


The contract prices shall include the furnishing of all materials (except as otherwise herein specified), the
performing of all the labor requisite or proper, the providing of all necessary machinery, tools, apparatus and other
means of construction, the doing of all the abovementioned work in the manner set forth, described and shown in the
specifications and on the drawings for the work, and in the form of contract, and the completion thereof within
XXXX CALENDAR DAYS upon receipt of a Notice to Proceed.

The Work of this Project is described by the following Items and quantities.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

B00420 - 2






















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Project # 607349 Contract # 135382
Location : MARSHFIELD - NORWELL - PEMBROKE
Description : Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build
ITEM # QUANTITY ITEM WITH UNIT BID PRICE
WRITTEN IN WORDS
UNIT PRICE AMOUNT
100.3 1 HIGHWAY WORK
AT _________________________
LUMP SUM
115.1 1 DEMOLITION OF BRIDGE NO. N-24-004=P-05-008
AT _________________________
LUMP SUM
127.1 204 REINFORCED CONCRETE EXCAVATION
AT _________________________
PER CUBIC YARD
180.01 1 ENVIRONMENTAL HEALTH AND SAFETY PROGRAM
AT _________________________
LUMP SUM
180.02 120 PERSONAL PROTECTION LEVEL C UPGRADE
AT _________________________
PER HOUR
180.03 120 LICENSED SITE PROFESSIONAL SERVICES
AT _________________________
PER HOUR
181.11 18,100 DISPOSAL OF UNREGULATED SOIL
AT _________________________
PER TON
181.12 3,650 DISPOSAL OF REGULATED SOIL - IN-STATE FACILITY
AT _________________________
PER TON
181.13 2,450 DISPOSAL OF REGULATED SOIL - OUT-OF-STATE FACILITY
AT _________________________
PER TON
CMS104 - Report Run Date: 7/16/2026 11:24 AM Page 2
Proposal No. 607349-135382
B00420 - 3
Project # 607349 Contract # 135382
Location : MARSHFIELD - NORWELL - PEMBROKE
Description : Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build
ITEM # QUANTITY ITEM WITH UNIT BID PRICE
WRITTEN IN WORDS
UNIT PRICE AMOUNT
181.14 45 DISPOSAL OF HAZARDOUS WASTE
AT _________________________
PER TON
182.1 1 INSPECTION AND TESTING FOR ASBESTOS
AT _________________________
LUMP SUM
182.21 14,800 REMOVAL AND DISPOSAL OF ASBESTOS
AT _________________________
PER SQUARE FOOT
200.1 1 DRAINAGE
AT _________________________
LUMP SUM
227.3 80 REMOVAL OF DRAINAGE STRUCTURE SEDIMENT
AT _________________________
PER CUBIC YARD
227.31 3,620 REMOVAL OF DRAINAGE PIPE SEDIMENT
AT _________________________
PER FOOT
400.1 1 PAVEMENT & ROADWAY ELEMENTS
AT _________________________
LUMP SUM
451. 50 HMA FOR PATCHING
AT _________________________
PER TON
600.1 1 BARRIER, GUARDRAIL & FENCING
AT _________________________
LUMP SUM
CMS104 - Report Run Date: 7/16/2026 11:24 AM Page 3
Proposal No. 607349-135382
B00420 - 4
Project # 607349 Contract # 135382
Location : MARSHFIELD - NORWELL - PEMBROKE
Description : Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build
ITEM # QUANTITY ITEM WITH UNIT BID PRICE
WRITTEN IN WORDS
UNIT PRICE AMOUNT
722.1 1 SCHEDULE OF OPERATIONS (TYPE A) - FIXED PRICE
$300,000
AT Three Hundred Thousand Dollars
LUMP SUM
$300,000.00 $300,000.00
740.3 48 ENGINEER'S FIELD OFFICE AND EQUIPMENT
AT _________________________
PER MONTH
748. 1 MOBILIZATION
AT _________________________
LUMP SUM
750.1 1 INVASIVE PLANT MANAGEMENT, ENVIRONMENTAL &
LANDSCAPING
AT _________________________
LUMP SUM
851.01 1 TEMPORARY TRAFFIC CONTROL
AT _________________________
LUMP SUM
851.11 60 TRAFFIC MANAGEMENT AND MOBILIZATION FOR REPAIRS
AT _________________________
PER DAY
900.9 1 PUNCHLIST / AS BUILT REQUIREMENTS - FIXED PRICE
$100,000
AT One Hundred Thousand Dollars
LUMP SUM
$100,000.00 $100,000.00
909.5 50 RAPID SETTING CONCRETE FOR REPAIRS
AT _________________________
PER CUBIC YARD
910.1 50 STEEL REINFORCEMENT FOR STRUCTURES - EPOXY
COATED
AT _________________________
PER POUND
CMS104 - Report Run Date: 7/16/2026 11:24 AM Page 4
Proposal No. 607349-135382
B00420 - 5
Project # 607349 Contract # 135382
Location : MARSHFIELD - NORWELL - PEMBROKE
Description : Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build
ITEM # QUANTITY ITEM WITH UNIT BID PRICE
WRITTEN IN WORDS
UNIT PRICE AMOUNT
995.01 1 BRIDGE STRUCTURE, BRIDGE NO. N-24-004=P-05-008
AT _________________________
LUMP SUM
Total Qty: 43,460
CMS104 - Report Run Date: 7/16/2026 11:24 AM Page 5
Proposal No. 607349-135382
B00420 - 6
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382


REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT D
ESCROW FORMS


Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382























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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 1

ESCROW AGREEMENT

This ESCROW AGREEMENT (this “Agreement”) is dated the ___ day of _____________,
20___, by and among the Massachusetts Department of Transportation (“MassDOT”);
________________________ (“PROPOSER”); and _________________ as Escrow Agent
(“ESCROW AGENT”).



RECITALS

WHEREAS, MassDOT is a public body politic and corporate and political subdivision of the
Commonwealth of Massachusetts created by Chapter 6C of the Massachusetts General Laws, as
amended, which is presently engaged in a competitive bidding process governed by law to award a
construction project to either the best value (Design Build) or the lowest responsible and eligible (Design,
Bid, Build) Proposer for a construction project entitled Bridge Replacement, N-24-004 = P-05-008, Route
3 (NB & SB) over North River (the “Project”); and
WHEREAS, Proposer has submitted a Price Proposal on the Project; and
WHEREAS, pursuant to RFP Volume I Instructions to Proposers Section 2.6.3, requires the
Proposer to submit, within five (5) business days following the Price Proposal Opening, one copy of all
documentary information generated in preparation of proposal prices for the Project, which information is
hereinafter referred to as the “Escrow Proposal Documents,” to ESCROW AGENT together with
certifications in the Exhibits attached to the RFP Volume I Instructions to Proposers; and
WHEREAS, ESCROW AGENT, for consideration paid, is willing to assume the obligations of
ESCROW AGENT as agreed herein;
NOW, THEREFORE, for consideration mutually acknowledged, MassDOT,
Proposer and ESCROW AGENT hereby agree as follows:
1. Escrow of Proposal Documents. Proposer shall comply with the provisions of RFP Volume I
Instructions to Proposers Section 2.6.3 by delivering a complete copy of the Escrow Proposal
Documents to ESCROW AGENT in a sealed container acceptable to the Escrow Agent within the
required time limit, and otherwise complying with RFP Volume I Instructions to Proposers
Section 2.6.3, together with the required Escrow Proposal Documentation Assembly Certification
(Exhibit 1 of the RFP Volume I Instructions to Proposers). Proposer will receive from ESCROW
AGENT an Escrow Proposal Documentation Delivery Certification (Exhibit 2 of the RFP
Volume I Instructions to Proposers) at the time Proposer delivers the Escrow Proposal
Documents to ESCROW AGENT. Proposer will email the ESCROW AGENT’s Escrow
Proposal Documentation Delivery Certification and a copy of Proposer’s Escrow Proposal
Documentation Assembly Certification to MassDOT within the required time limit.
2. Protection of Escrow Proposal Documents. MassDOT shall comply with the provisions of RFP
Volume I Instructions to Proposers Section 2.6.3 regarding receipt, storage, and use of the Escrow
Proposal Documents and will safeguard the Escrow Proposal Documents and all information
contained therein against disclosure to the fullest extent permitted by law.
3. Holding of Escrow Proposal Documents by ESCROW AGENT. ESCROW AGENT is hereby
expressly authorized and agrees to receive, store, safeguard, release, and return the Escrow
Proposal Documents during the duration of the Project as set forth in this Agreement.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 2
4. Return/Release of Proposal Documents. ESCROW AGENT is expressly authorized to release the
Escrow Proposal Documents only under the following circumstances:
a) If MassDOT informs ESCROW AGENT in writing that Proposer and MassDOT have not
executed a Contract for the Project; or
b) If MassDOT and Proposer inform ESCROW AGENT in writing that they or their designees
wish to examine the documents; or if MassDOT informs ESCROW AGENT that Proposer
has unreasonably refused to attend a joint examination of the documents pursuant to
Paragraph G of the RFP Volume I Instructions to Proposers Section 2.6.3 or
c) If MassDOT and Proposer inform Escrow Agent that all of the following have occurred: all
disputes regarding the Project work have been settled, the Project work has been completed,
and Final Payment has been made and accepted.
5. ESCROW AGENT’s Obligations and Protection. MassDOT and Proposer further acknowledge
and agree as follows:
a) That ESCROW AGENT (i) shall not be responsible for any of the agreements referred to
herein but shall be obligated only for the performance of such duties as are specifically set
forth in this Escrow Agreement; (ii) shall not be obligated to take any legal or other action
hereunder which might in its judgment involve any expense or liability unless it shall have
been furnished with acceptable indemnification; (iii) may rely on and shall be protected in
acting or refraining from acting upon any written notice, instruction, instrument, statement,
request or document furnished to it hereunder and believed by it to be genuine and to have
been signed or presented by the proper person, and shall have no responsibility for
determining the authenticity or accuracy thereof; and (iv) may consult counsel satisfactory to
it, including counsel internal to ESCROW AGENT, and the opinion of such counsel shall be
full and complete authorization and protection in respect of any action taken, suffered or
omitted by it hereunder in good faith and in accordance with the opinion of such counsel.
b) That neither ESCROW AGENT nor any of its partners, officers, or employees shall be liable
to anyone for any action taken or omitted to be taken by it or any of its partners, officers, or
employees hereunder except in the case of gross negligence or willful misconduct. Proposer,
covenants and agrees to indemnify ESCROW AGENT and hold it harmless without
limitation from any loss, liability, or expense of any nature incurred by ESCROW AGENT
arising out of or in connection with this Agreement or with the administration of its duties
hereunder, including but not limited to legal fees and other costs and expenses of defending
or preparing to defend against any claim or liability unless such loss, liability, or expense
shall be caused by ESCROW AGENT’s willful misconduct or gross negligence. In no event
shall ESCROW AGENT be liable for indirect, special, or consequential damages.
Notwithstanding any provision of this Agreement to the contrary, ESCROW AGENT’S
liability shall be limited to the value of its compensation hereunder.
c) That MassDOT shall pay or reimburse ESCROW AGENT through a Designated Party for
any legal fees incurred by ESCROW AGENT in connection with the preparation of this
Agreement and in addition compensate ESCROW AGENT for its services hereunder.
ESCROW AGENT shall be entitled to reimbursement on demand for all expenses incurred in
connection with the administration of the escrow created hereby which are in excess of its
compensation for normal services hereunder, including without limitation, payment of any
legal fees incurred by ESCROW AGENT in connection with resolution of any claim by any
party hereunder.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 3
d) That ESCROW AGENT may at any time for any reason or for no reason resign as ESCROW
AGENT hereunder by giving thirty (30) days prior written notice of resignation to MassDOT
and Proposer. Prior to the effective date of the resignation as specified in such notice,
Proposer will issue to ESCROW AGENT a written instruction authorizing redelivery of the
Escrow Proposal Documents to another escrow agent that Proposer selects subject to the
reasonable consent of MassDOT. Should this instance occur, MassDOT and the Proposer
will work to collectively find a suitable replacement escrow agent within seven (7) business
days of said notice. If no successor escrow agent is named by MassDOT or Proposer within
said thirty (30) day period, ESCROW AGENT may: 1) turn over the documents to another
qualified Escrow Agent and give Proposer and MassDOT, the contact information of the new
ESCROW AGENT along with proof of delivery and proof of receipt of the Escrow Proposal
Documents; or 2) apply to a court of competent jurisdiction for appointment of a successor
escrow agent.
e) If the Escrow Agent is a lawyer or law firm, ESCROW AGENT’s service as escrow agent
under this Agreement shall not be construed as constituting legal representation of either
MassDOT or Proposer and both MassDOT and Proposer expressly acknowledge, with
reference to the rules of professional conduct governing lawyers that ESCROW AGENT’s
service hereunder is not intended to prevent either MassDOT or Proposer from retaining
ESCROW AGENT as its counsel in any matter, nor shall it be asserted by MassDOT or
Proposer as grounds for disqualifying ESCROW AGENT from representing any client in a
matter in which MassDOT’s and/or Proposer ’s interests are directly adverse to or otherwise
different from those of ESCROW AGENT’s client. ESCROW AGENT will not knowingly
disclose to any such client directly adverse to MassDOT and/or Proposer any confidential
information about MassDOT and/or Proposer which ESCROW AGENT has acquired or will
acquire pursuant to its services provided in accordance with this Agreement.
f) That it is the intent of Proposer and MassDOT that the Escrow Proposal Documents remain
the sole property of Proposer.
6. Dispute Resolution. It is understood and agreed that should any dispute arise with respect to the
delivery, ownership, right of possession, access to and/or disposition of the Escrow Proposal
Documents, or should any such claim be made upon such documents by a third party, ESCROW
AGENT upon receipt of written notice of such dispute or claim by the parties hereto or by a third
party, is authorized and directed to retain in its possession without liability to anyone, all or any
of said Escrow Proposal Documents until such dispute shall have been settled either by the
mutual agreement of the parties involved or by a final order, decree, or judgment of a court of the
United States of America, the time for perfection or any appeal of such order, decree, or judgment
having expired. At any time after the ESCROW AGENT becomes aware of a dispute or claim or
at any time after one year after the project completion date in the Project, ESCROW AGENT
may, but shall be under no duty whatsoever to, after thirty (30) days prior written notice to
MassDOT and Proposer, institute or defend any legal proceedings related to the Escrow Proposal
Documents, including without limitation, commencement of an action in the nature of an
interpleader in a court of competent jurisdiction, after depositing the Escrow Proposal Documents
therewith, for a determination of the respective rights of MassDOT and Proposer, and, in such
case, recover from Proposer, ESCROW AGENT’s costs and expenses including reasonable
attorneys’ fees.
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 4

7. Consent to Jurisdiction and Service. MassDOT and Proposer hereby absolutely and irrevocably
consent and submit to the jurisdiction of the courts of the Commonwealth of Massachusetts and
of any Federal court located in said Commonwealth in connection with any actions or
proceedings brought against MassDOT and Proposer brought by ESCROW AGENT arising out
of or relating to this Escrow Agreement. In any such action or proceeding, MassDOT and
Proposer hereby absolutely and irrevocably agree that the service thereof may be made by
certified or registered mail directed to MassDOT or Proposer, as the case may be, at their
respective addresses in accordance with Section 9 hereof.
8. Force Majeure. Neither MassDOT nor Proposer nor ESCROW AGENT shall be responsible for
delays or failure in performance resulting from acts beyond its control. Such acts shall include but
not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental
regulations imposed after the fact, fire, communication line failures, power failures, earthquakes
or other disasters.
9. Notices. Any notice permitted or required hereunder shall be deemed to have been duly given if:
delivered personally, or if mailed certified or registered mail, postage prepaid, to the parties at
their addresses set forth below or to such other address as they hereafter designate. Additional
copies may be provided to and among the parties by fax or e-mail.


If to Proposer:

_________________________________
_________________________________
_________________________________
Attention: ________________________



If to MassDOT:

Massachusetts Department of Transportation
Office of General Counsel
10 Park Plaza, Suite 3510, Boston, MA 02116

Project Name: Bridge Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River
Proposal No.: 607349 - 135382



If to ESCROW AGENT:

_________________________________
_________________________________
_________________________________
Attention: ________________________

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 5

10. Binding Effect. This Agreement shall be binding upon the respective parties hereto and their
heirs, executors, successors, and assigns.
11. Modification/Termination. This Agreement may not be altered, modified, or terminated without
the express written consent of the parties hereto. No course of conduct shall constitute a waiver of
any of the terms and conditions of this Agreement, unless such waiver is specified in writing, and
then only to the extent so specified. A waiver of any terms and conditions of this Agreement on
one occasion shall not constitute a waiver of the other terms of this Agreement, or of such terms
and conditions or any other occasion.
12. Governing Law. This Agreement shall be governed by and construed under the laws of the
Commonwealth of Massachusetts.
13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of such counterparts shall together constitute but one and the same
instrument.


IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this
Agreement as of the date and year first set forth above.




BY:
Proposer (Date)




BY:
Escrow Agent (Date)




BY:
Jonathan L. Gulliver, Administrator, Mass Dept of Transportation – Highway Division (Date)



Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 1
Bridge Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River
Design-Build
EXHIBIT 1

ESCROW PROPOSAL DOCUMENTATION ASSEMBLY CERTIFICATION
(to be prepared by Proposer)

THE UNDERSIGNED HEREBY CERTIFIES AND AGREES THAT THE ESCROW
PROPOSAL DOCUMENTATION CONTAINED HEREIN CONSTITUTES ALL OF THE
INFORMATION USED IN PREPARATION OF THE PRICE PROPOSAL; THAT NO OTHER
ESCROW PROPOSAL PREPARATION INFORMATION SHALL BE CONSIDERED IN
RESOLVING DISPUTES OR CLAIMS; AND THAT I HAVE PERSONALLY EXAMINED
THESE CONTENTS AND HAVE FOUND THAT THIS ESCROW PROPOSAL
DOCUMENTATION IS COMPLETE AND MEETS THE REQUIREMENTS OF THIS
PROVISION, AN INDEX LISTING EACH ESCROW PROPOSAL DOCUMENT HAS BEEN
SUBMITTED BY AUTHOR, DATE, NATURE, AND SUBJECT MATTER. IF A CD OR
CD’S HAVE BEEN PROVIDED ONE PRINTED COPY OF THE INFORMATION ON THE
CD OR CD’S HAS ALSO BEEN PROVIDED.

_____________________________________________________________________________


SIGNATURE: _________________________________________________________________


NAME: _______________________________________________________________________


TITLE: ______________________________________________________________________


PROPOSAL NO. ______________________________________________________________


DATE: _______________________________________________________________________


Distribution for this document only:

Proposer to Agent
Proposer to MassDOT Highway Division,
ATTN: Director of Construction Contracts and Prequalification – email
BVDB also to submit original.
Proposer to MassDOT Legal – copy
Proposer – copy

Date and Time Stamp:






607349-135382
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 1

EXHIBIT 2

ESCROW PROPOSAL DOCUMENTATION DELIVERY CERTIFICATION
(to be prepared by Agent)
I, ________________________________ [name] ___________________________ [title] of
__________________________ [Agent] hereby certify that ____________________
_____________________________ [Proposer] as represented by
___________________________________ [Proposer’s Representative] has delivered for
storage, a sealed envelope or container which Design-Builder represents to be all documentation
used in the preparation of Proposer’s Price Proposal in connection with MassDOT Proposal No.
607349-135382 for the design and construction of the Bridge Replacement,
N-24-004 = P-05-008, Route 3 (NB & SB) over North River in Norwell – Pembroke –
Marshfield, Massachusetts otherwise known as the “Escrow Proposal Documents,” in
accordance with the referenced Contract, on this _____ day of __________________, 20____.


By: ______________________________________

Name: ____________________________________

Title: _____________________________________




Distribution for this document only:

Proposer to MassDOT, Highway Division,
ATTN: Director of Construction Contracts and Prequalification – email
BVDB also to submit original.
Proposer to MassDOT Legal – copy
Proposer – copy

Date and Time Stamp:

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 2






















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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382


REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT E
ATC RULES ACKNOWLEDGEMENT


Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382























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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 1 of 2
ATTACHMENT E
ATC RULES ACKNOWLEDGEMENT


Proposer Team______________________________________________________________________


I further hereby certify that I fully understand all of the activities relating to the ATC process as detailed
in RFP Volume I, Section 2.4 and will abide by such rules.

_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date


_____________________________________________________________________________________
Name Title Date
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382


REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT F
MASSDOT DISCLOSURE FORM ORGANIZATIONAL
CONFLICTS OF INTEREST

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382























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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

1
ATTACHMENT F


EXHIBIT A

MassDOT Disclosure Form Organizational Conflicts of Interest

This Form will be used by MassDOT to assist in the Determination as to whether an organizational
conflict of interest exists with respect to an entity and whether the conflict would result in that
entity being precluded from being a Participant in the Contractor Procurement or whether any
conflict could be waived, avoided, neutralized, or mitigated. Capitalized terms shall have the same
meaning as set forth in MassDOT’s Organizational Conflict of Interest Guidance, Bridge
Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River Design-Build, (“the
Project”). This Form may be supplemented with additional materials as necessary to fully and
completely respond to the issues that are presented. The Form may be copied and reproduced as
necessary. All information submitted to MassDOT is submitted under penalty of perjury and will
be considered a public record unless it is specifically exempted from disclosure under Federal or
state law.

1. Name of entity:

2. Proposed role on the Project:






3. Prior experience on the Project including feasibility study, master plan, program or any
development or preliminary design (be as specific as possible):
If so, are there reasons in the public interest that the entity should not be precluded from
further participation on the Project? Explain.






4. Does the entity or did the entity have a contract with MassDOT for the Project? If yes,
please identify the contract.









Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

2
5. Is the entity or was the entity a subcontractor or subconsultant to an organization that has
or had a contract with MassDOT for the Project? Identify the organization(s) and the
MassDOT contract(s).







6. Is there any reason that the entity is or might be unable, or potentially unable, to provide
impartial and objective assistance or advice to MassDOT due to other activities, interests,
relationships, contracts, or circumstances? Explain.







7. To the best of the entity’s knowledge, after diligent inquiry, are any of its directors, officers,
owners, or employees unable, or potentially unable, to provide impartial and objective
assistance or advice to MassDOT due to other activities, interests, relationships, contracts,
or circumstances? Explain.







8. Is the entity aware of any information in its possession related to the Project as a result of
previous involvement in the Project that is not generally available to the public? Explain.














Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

3

9. Has the entity established or been involved in the establishment of the ground rules for the
Design-Build procurement for the Project by developing specifications, requirements,
statements of work, invitations for bids, requests for proposals, evaluation factors, or
similar documents? Explain.







10. If the answers to any of the previous four (4) questions is yes, does the entity have a
recommendation on how an organizational conflict of interest or potential organizational
conflict of interest involving the entity can be avoided, neutralized, or mitigated? Explain.







11. For the purposes of compliance with Mass. Gen. L. c. 149A, s. 18, has the entity been
retained as a “design professional” to provide technical assistance and consulting services
on the Project? Explain.







12. Is the entity or any employee of the entity a “state employee” pursuant to the definition
provided in section 1(q) of Mass. Gen. L. c. 268A?
To the extent that the entity or any employees of the entity are or may be considered “state
employees” for the purposes of Mass. Gen. L. c. 268A, the State Ethics Commission should
be consulted to determine how their involvement on the Project may present a conflict of
interest. To the extent that the entity and the individual are willing to share any information
from the State Ethics Commission, please voluntarily provide that as an attachment to this
Form. It is not a requirement.











Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

4
13. Has any employee of the entity worked on the Project for an entity that has been determined
to have a conflict of interest? Did that employee participate in a material way in the
performance of the work giving rise to that determination? Explain.







14. A “parent” as used herein is an organization that controls the entity through, for example,
the ownership of stock or the exercise of management control. Has any parent of the entity
been involved in the Project? If yes, identify the parent(s).







15. If the answer to the preceding question is “yes”, please supplement the entity’s response
by explaining the parent’s role in the Project and informing MassDOT whether the entity’s
answer to any question should be modified as a result of that role.








16. An “affiliate” as used herein is an organization that is officially connected to or attached to
the entity. Has any affiliate of the entity been involved in the Project? If yes, identify the
affiliate(s).












Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

5
17. If the answer to the preceding question is “yes”, please supplement the entity’s response
by explaining the affiliate’s role in the Project and informing MassDOT whether the
entity’s answer to any question should be modified as a result of that role.







18. A “subsidiary” as used herein is an organization that is controlled by the entity through, for
example, the ownership or stock or the exercise of management control. Has any
subsidiary of the entity been involved in the Project? If yes, identify the subsidiary(ies).







19. If the answer to the preceding question is “yes”, please supplement the entity’s response
by explaining the subsidiary’s role in the Project and informing MassDOT whether the
entity’s answer to any question should be modified as a result of that role.







20. Please provide any information regarding whether any organizational conflict of interest
or potential organizational conflict of interest involving the entity is of an indirect, remote
or “de minimus” nature and/or whether there are sound reasons in the public interest that
would allow a conflict of interest to be waived or mitigated.












Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

6





The entity certifies that it has conducted a diligent inquiry and search to ascertain the full extent
of its knowledge with respect to its involvement with the Project and that all of the answers
provided in this Form are made truthfully to the best of the entity’s knowledge and belief and that
no interest exists that is required to be disclosed on this Form, other than as described above. The
entity further certifies that should it obtain knowledge: (a) that is inconsistent with the answers
provided in this Form; or (b) of any set of facts potentially giving rise to a conflict of interest under
Federal or state law or MassDOT policy, it will disclose such facts to MassDOT as soon as
reasonably possible.

The undersigned certifies that the undersigned is authorized to answer these questions on behalf
of the entity and to bind the entity (please attach evidence of authority).


Signed under the penalties of perjury on this ________ of ____________, 20____.


ENTITY NAME

NAME
duly authorized


Email address:



Chapter 1: Introduction
1.1 PROJECT OVERVIEW
1.2 SELECTION PROCESS
1.3 SCHEDULE OF EVENTS
1.4 CONTACT INFORMATION
1.5 MANDATORY PRE-PROPOSAL MEETING
1.5.1 UTILITY PRE-PROPOSAL MEETING
1.6 SUBMISSION OF QUESTIONS
1.6.1 SUBMISSION OF QUESTIONS RELATED TO UTILITIES
1.7 PAYOUT SCHEDULE
1.8 TERMS AND Definitions
1.9 REFERENCE DOCUMENTS AND STANDARDS
1.9.1 Reference Documents
1.9.2 AASHTO and MassDOT Standards
1.9.3 Federal Highway Administration Standards
Chapter 2: Procurement Process
2.1 RECEIPT OF RFP DOCUMENTS AND OTHER NOTICES
2.1.1 DRAFT RFP DOCUMENTS:
2.1.2 CONFIDENTIAL DRAFT RFP MEETING GUIDELINES
2.1.3 CONFIDENTIAL DRAFT RFP MEETING ATTENDEES
2.2 Examination and Interpretation of RFP DocumENts
2.3 ADDENDA AND CLARIFICATION NOTICES
2.4 TECHNICAL CONCEPT PROPOSAL(s)
2.4.1 Base Technical Concept (BTC) Proposal
2.4.2 Alternative Technical Concepts (ATCs)
2.4.2.1 ATC INFORMATIONAL MEETINGS
2.4.2.1.1 ATC MEETING ONE
2.4.2.1.2 ATC MEETING TWO
2.4.2.1.3 MEETING GUIDELINES
2.4.2.1.4 ATC INFORMATIONAL MEETING ATTENDEES
2.4.2.2 INITIAL SUBMISSION OF ATCs
2.4.2.3 INITIAL DETERMINATION BY MASSDOT
2.4.2.4 FINAL SUBMISSION OF ATCs
2.4.3 FINAL DETERMINATION BY MASSDOT
2.4.4 Incorporation OF ATCs into Technical Proposal and Contract
2.4.5 ATC Confidentiality
2.5 PRICE PROPOSALS
2.6 SUBMISSION AND WITHDRAWAL OF PROPOSALS
2.6.1 Submission of Proposals
2.6.2 Withdrawal of Proposals
2.6.3 Escrow Proposal Documents (EPD) AND ASSOCIATED DOCUMENTS
2.7 EVALUATION OF PROPOSALS
2.8 PROTESTS
2.8.1 Protests Regarding RFP Documents
2.8.2 Protests Regarding Responsiveness Determination, Oral Presentations or Award
2.9 PUBLIC RECORDS DISCLOSURE
2.10 EX PARTE COMMUNICATION
2.11 MASSDOT’S RIGHTS
Chapter 3: Submission Requirements
3.1 GENERAL FORMAT
3.2 PROPOSAL SUBMISSION, DEADLINE, AND LOCATION INSTRUCTIONS
3.3 TECHNICAL PROPOSAL
3.3.1 Technical Proposal Format
3.3.2 Technical Proposal Organization
3.3.2.1 Letter of Transmittal/Submittal Forms
3.3.2.2 Executive Summary
3.3.2.3 Section 1: Project Management and Coordination
3.3.2.3.1 PROJECT MANAGEMENT AND PERSONNEL EXPERIENCE
3.3.2.3.2 Quality Control (QC) System
3.3.2.3.3 Design and Design Management
3.3.2.3.4 Construction and Construction Management
3.3.2.3.5 Schedule and Cost Control
CPM Project Schedule
3.3.2.4 Section 2: Technical Approach
3.3.2.4.1 Civil/Traffic
3.3.2.4.2 Environmental
3.3.2.4.3 Structures and Geotechnical
3.3.2.4.4 Construction Staging
3.3.2.5 Appendix: Project Manager and Key Personnel Resumes/Technical Supportive Information
3.4 Price PROPOSAL
3.4.1 Bid Bond
3.4.2 Payout Schedule
3.5 RFP AMENDMENT
3.6 PROPERTY OF MASSDOT
3.7 CONFIDENTIALITY OF technical PROPOSALS
3.8 PUBLIC DISCLOSURE
3.9 NON-COMMITMENT
3.10 Stipend
Chapter 4: Selection Process and Evaluation Criteria
4.1 INITIAL EVALUATION/EVALUATION OVERVIEW
4.2 ORAL PRESENTATIONS
4.3 PROPOSAL CLARIFICATIONS
4.4 QUALITATIVE RATINGS
4.5 SELECTION CRITERIA
4.5.1 Pass/Fail Evaluation Criteria
4.5.2 Technical Proposal Evaluation Criteria (100% of Technical Proposal)
4.5.2.1 DB Project Management and Coordination (35% of Technical Criteria)
4.5.2.1.1 Project Management and Personnel Experience (5%)
4.5.2.1.2 Quality Control System (10%)
4.5.2.1.3 Design Management (5%)
4.5.2.1.4 Construction Management (5%)
4.5.2.1.5 Schedule and Cost Control (10%)
4.5.2.2 DB Technical Approach (65% of Technical Criteria)
4.5.2.2.1 Civil / Traffic (20%)
4.5.2.2.2 Environmental (5%)
4.5.2.2.3 Structures (25%)
4.5.2.2.4 Construction Staging (15%)
4.5.3 Price Proposal Evaluation Criteria (100% of Price Proposal)
4.6 PROPOSED CHANGES TO KEY PERSONNEL OR a MAJOR PARTICIPANT AFTER PROPOSAL SUBMISSION DEADLINE
4.7 PRICE PROPOSAL OPENING
4.8 CONTRACT AWARD
4.9 RIGHTS OF MASSDOT IN EVALUATING PROPOSALS
Chapter 5: Miscellaneous
5.1 Project office LOCATION
5.2 BONDING
5.3 TEAMING AGREEMENTS
5.4 Proposed Changes to Key Personnel
5.5 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY (AA/EEO)
5.6 DISADVANTAGED Business Enterprises (DBE) PARTICIPATION
5.7 Nondiscrimination
5.8 INSURANCE AND RISK MANAGEMENT
5.9 CONFLICT OF INTEREST
5.9.1 Applicable Laws, Regulations, Guidance, Policies and Contract Terms
5.9.1.1 Criteria for Reviewing Potential Conflicts of Interest
5.9.1.2 Federal Law
5.9.1.3 State Law
5.9.1.4 MassDOT Contracts and Other Requirements
5.9.1.5 Criteria for Determining Conflicts of Interest
5.9.1.6 Conflict of Interest Determination for Entities
5.9.1.7 Process for Determining Conflicts of Interest
5.9.1.8 Conflict of Interest Determinations for Individuals
5.9.1.9 Conflict of Interest During Project
5.9.1.10 Failure to Comply with Guidance
5.10 DESIGN COST STATEMENT
ATTACHMENT A
Letter of Transmittal Form
Stipend Agreement
Design Cost Statement
ATTACHMENT B
ATTACHMENT D
Escrow Agreement
Exhibit 1 Bid Doc Asmby Cert
Exhibit 2 Bid Doc Deliver Cert
ATTACHMENT E
ATC Rules Acknowledgement
ATTACHMENT F
COI Disclosure Form

📄 607349-WTO-Announcement-final-12032025.pdf (Parsed Contract Document)

WTO Announcement Page 1 of 3 Intent to Procure Doc ID # 607349 ***Announcement*** Title: NORWELL–PEMBROKE–MARSHFIELD: Bridge Replacement, N-24-004=P-05- 008, Route 3 (NB & SB) over North River Design-Build Project #607349 There will be a Request for Qualifications issued that invites prospective qualified Design- Builders, Consultants and Contractors who submit a Letter of Interest by the Specified date, to submit Statements of Qualifications. The Project is located within the boundary of MassDOT District 5 in Plymouth County. The scope of work includes, but is not limited to, the design and construction of two new bridges carrying Route 3 Northbound and Southbound over the North River between Norwell and Pembroke. The limits of the Project begin on Route 3 north of the Route 139 interchange and extend northerly over the North River to a terminus at approximately mile mark 28.2. The Project will also include removal of the existing bridge structures, roadway reconstruction, highway drainage/stormwater improvements, traffic management, wetland restoration, landscaping, pavement markings and signage, Hazardous Materials Assessment and Remediation and all other related bridge and highway work. Purpose and Need: The purpose of this Project is to replace the northbound and southbound structurally deficient bridges along Route 3 over the North River and to provide associated roadway improvements through the towns of Norwell, Pembroke, and Marshfield. The proposed bridges will provide a minimum 100-year design-life while minimizing impacts to the environment, right of way, and the traveling public. Roadway Reconstruction: The Project includes full depth reconstruction of the new bridge approaches as well as variable depth mill and overlay at the tie-in points to the existing travel lanes. The southbound roadway will be realigned to the existing center median to match into the new bridge. The northbound roadway will remain in its existing alignment. Project also includes pavement milling and overlay, wetland restoration and landscape improvements. WTO Announcement Page 2 of 3 Structural: The Project includes, but is not limited to, design and construction of the replacement of the two existing 3 span bridges over the North River with twin single span structures. The proposed twin single span bridges bridge will carry two travel lanes with increased shoulder widths. Traffic: To maintain traffic, multiple traffic shifts for phase construction of the bridges will be required along Route 3 northbound/southbound to complete bridge construction. Two lanes of traffic on Route 3 in each direction shall remain in service during construction. No lane closures are anticipated for the proposed construction staging. Stormwater Management: The Project includes upgrades to the drainage system including the design and construction of grass infiltration swale, new drain manholes, catch basins and associated piping. Environmental: The existing bridge demolition will be performed subject to environmental restrictions to minimize impacts to Essential Fish Habitat. Existing wetlands within the median of Route 3 that are disturbed by the construction are to be replicated as required by the environmental permits. The Project involves construction within and adjacent to state and federal wetland resource areas. The Project includes specific construction methods, wetland resource area restoration, streambed restoration and wetland replication/mitigation, and monitoring in compliance with the environmental permits. The Project also includes the development and implementation of an invasive species management plan, site restoration and planting of surroundings impacted by the construction. The Advertising for Letters of Interest is anticipated to be posted on Saturday December 13, 2025. The Notice to Proceed is anticipated to be in February 2027. The estimated dollar amount for this Contract is $103,050,000.00 WTO Announcement Page 3 of 3 Letters of Interest will be due to MassDOT Tuesday, March 10, 2026 by Noon (12:00 PM). The request for Qualifications (Phase 1) will be issued on or around March 11, 2026. The Statement of Qualifications will be due on or around April 14, 2026 by Noon (12:00 PM). All Letters of Interest are to be emailed to MassDOTBidDocuments@dot.state.ma.us: Bid Document Distribution Center MassDOT Highway Division 10 Park Plaza, Suite 7874 Boston, MA 02116 Attn: Eric M. Cardone, P.E., Construction Contracts Engineer Letter of Interest NORWELL-PEMBROKE-MARSHFIELD: Bridge Replacement, N-24-004=P-05-008, Route 3 (NB & SB) over North River Design-Build Project #607349 Keywords to Search by: Eric M. Cardone, Design-Build, # 607349, Norwell, Pembroke, Marshfield

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-1.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-1.pdf

Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot




Proposal No. 607349-135382 July 31, 2026


ADDENDUM NO. 1


To Prospective Proposers and Others on:


NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build


Technical & Price Proposals Due: Friday, October 30, 2026 by 2:00 P.M.


Transmitting revisions to the RFP Documents as follows:

Questions and Responses One page.

Pre-Proposal Meeting Presentation Thirty pages.

RFP Volume II of III – Technical Provisions (July 16, 2026)
Revised pages ix, 23, 94, 108, 116, 117, 120, 121, 122, 123, 124, and 137.


Modified the RFP Appendix folder as follows:

\APPENDIX\C\C.04\
Inserted new file: 607349_EV(Permitting Set)_FINAL.pdf
Inserted new file: 607349_JD Approval Impacts_Cover Letter.pdf
Inserted new file: 607349_Norwell_USACE Comment Responses_AECOM 5-19-2026.pdf
Inserted new file: NAE-2024-01389_20260618_AJD.pdf
Inserted new file: Norwell Pembroke Marshfield Rt.3 Admin and Tech Def.pdf
Inserted new file: Response to DEP 401 Admin and Tech Def 5-19-26.pdf

\APPENDIX\C\C.05\
Inserted new file: Great River Race Potential Dates A-1.pdf




Ma s Page 2
Charles D. Baker, Logo



ADDENDUM NO. 1 (Continued)


\APPENDIX\C\C.11\
Inserted new file: MassDOT Model QC Plan and QSM 2020-03-02 A-1.pdf


A Dropbox folder named “Addendum No. 1” has been created, which includes the complete
addendum.

Take note of the above, substitute the revised pages for the originals, insert new files in the
proper folder, and acknowledge Addendum No. 1 in your Expedite Proposal file before
submitting your bid.


Very truly yours,




Eric M. Cardone, P.E.
Construction Contracts Engineer































EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Eric M. Cardone Digitally signed by Eric M. Cardone
Date: 2026.07.31 14:27:35 -04'00'
Pre-Proposal Meeting
Route 3 NB & SB over North River
Norwell – Pembroke - Marshfield
July 28, 2026 | 10:00 AM
Project File No. 607349
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 1 of 30
Introductions:
MassDOT Key Personnel
Project Manager: Eamon Kernan
DB Project Manager: Laura Montiel
Manager of Alternative Project Delivery: Murthy Kolla
Deputy Director of Major Projects: Frank Welch
FHWA
Field Operations Team Leader – Ken Coelho
Preliminary Design Team
Project Manager – Kristina Hanes
Highway Designer – Dennis Murtagh/Wilfredo Garcia
Structures Lead – Alex Li
Environmental Lead – Melissa Ryan
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 2 of 30
Agenda
1. RFP & Changes from Draft RFP
2. Major Scope Elements
3. Major Project Risks
4. Procurement Schedule
5. ATC Process
6. Proposal Submission/Evaluation
Overview
7. Future Addenda
8. Questions
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 3 of 30
RFP &
Changes from
Draft RFP
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 4 of 30
RFP
• Final RFP Released on July 16, 2026
• Changes from Draft RFP
• Track Changes Versions of RFP and BTC will be provided
• Special Provisions
• Summary Spreadsheet of RFP Revisions
Questions to be submitted to:
massdotspecifications@dot.state.ma.us
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 5 of 30
Major Scope
Elements
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 6 of 30
Proposed Work Limits
• To the north:
Approximately 2800 feet north of
the bridge
Just south of the existing U-turn
• To the south:
Approximately 2400 feet south of
the bridge
North of Route 139 Interchange
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 7 of 30
Project Elements - Bridge
• Single Span with abutments on deep foundations
• BTC eliminates piers in the waterway and provides sufficient navigable opening
• Bridges in same footprint, Southbound relocated to median
• Existing substructure demolition work subject to TOY restrictions for in-water work
• Demolition of existing bridge
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 8 of 30
Project Elements – Roadway
• Geometric modifications to Route 3 including superelevation improvements
• Improved acceleration and deceleration lanes to/from rest areas
• New Roadside and Median barriers, guardrail, end treatments and fences
• Construction of modified rockfill slopes
• Improvements and modifications to drainage systems
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 9 of 30
Proposed Cross-Section
14’ SHLD | 12’ LANE | 12’ LANE | 18’ SHLD 18’ SHLD | 12’ LANE | 12’ LANE | 14’ SHLD
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 10 of 30
Project Elements – Environmental
• Design and Construction of improvements and modifications to drainage systems for
temporary and permanent conditions including linear infiltration practices and swales
• Installation maintenance and removal of erosion control protections
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 11 of 30
Project Elements - Landscape Design
• Landscaping and Restoration of disturbed areas
• Design and Construction of wetland mitigation areas
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 12 of 30
Environmental Permits
• Section 106 Clearance/MOA – No Effect Finding
• NEPA Individual CE – Issued
• Water Quality Certification (Fill & Dredge) (DEP) – Issued
• USACE Section 404 – In Review
• USCG Bridge Permit – Advance Approval
• Section 7 Endangered Species Act (NOAA/NMFS) – Complete
TIME OF YEAR RESTRICTION:
February 15 - July 15 No in-water work
September 1 - November 15 In-water work only within cofferdams
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 13 of 30
Major Project
Risks
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 14 of 30
Major Project Risks (RFP Vol. 2, Section 1.4.1)
• Traffic Management
• Contaminated soils and staging areas
• Subsurface obstructions and conditions
• Environmental and Time of Year Restrictions
• Modifications to Environmental Permitting Strategy
• North River
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 15 of 30
Traffic Management
• Maintain two lanes in each direction during all phases of construction
• Maintain paved shoulder for part time shoulder use
Contaminated Soils and Staging Areas
• Limited available laydown space within existing right of way
• Storage of contaminated materials
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 16 of 30
Subsurface Construction and Conditions
• Location of Existing Bridge Piles
• Cobbles and Boulders
Environmental and Time of Year Restrictions
• Feb 15-July 15 No In-Water Work Permitted
• Sept 1 – Nov 15 Work Permitted only if within Dewatered Cofferdams
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 17 of 30
Modifications to Environmental Permitting Strategy
• Meet or exceed Stormwater Improvements
• Changes to BTC may trigger additional Permitting/Agency Coordination
North River
• Storms and Flood Prevention Plan
• Protection of Mariners and Great River Race
• River Ice
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 18 of 30
Procurement
Schedule
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 19 of 30
Procurement Schedule
• RFQ Issued March 11, 2026
• RFQ Briefing March 24, 2026
• RFQ Questions Due March 31, 2026
• SOQ Due April 14, 2026
• Shortlist Notification May 18, 2026
• Draft RFP Issued June 4, 2026
• Final RFP Issued July 16, 2026
• Pre-Proposal Meeting July 28, 2026
• ATC Period August 4- September 8, 2026
• Technical Proposals Due October 30, 2026
• Oral Presentations November 13, 2026
• Price Opening December 10, 2026
• Anticipated NTP February 16, 2027
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 20 of 30
ATC Process
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 21 of 30
ATC Meetings
Meeting Dates
• Meeting 1 - August 4, 2026
• 1 hour 15 minutes (30 minutes proposer presentation, 45 minutes Q&A)
• Meeting 2 - August 25, 2026
• 1 hour 30 minutes (45 minutes proposer presentation, 45 minutes Q&A)
• Meeting 3 - TBD (if necessary)
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 22 of 30
ATC Process
• Current design developed through Sketch Plans & 25% Highway Plans
• Refer to ATC Restrictions in RFP Vol. 2, Section 4.3.2
• Up to 3 FINAL ATCs may be submitted with the Technical Proposal
• Proposer may discuss as many ATC’s at meetings as time allows
• Last day to submit Final ATCs – September 8, 2026
• ATC meetings are confidential
• No discussions of price
• Proposer shall set meeting and send invitations
• Executive Summaries of ATCs due by 12 PM on July 30th, 2026
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 23 of 30
Proposal
Submission/
Evaluation
Overview
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 24 of 30
Proposal Submission
Technical and Price Proposals due October 30, 2026
See RFP Volume 1, Section 3.3
• Format
• Organization
• Pass/Fail Evaluation Criteria – Section 4.5.1
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 25 of 30
Proposal Evaluation
Best Value Design-Build
• Lowest cost per quality point
See RFP Volume 1, Section 4.5
• 35% - Project Management and Coordination
• Personnel Experience
• Quality Control System
• Design Management
• Construction Management
• Schedule and Cost Control
• 65% - Technical Approach
• Civil/Traffic
• Environmental
• Structures
• Construction Staging
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 26 of 30
Future
Addenda
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 27 of 30
Future Addenda
•Milestones
•DEP Section 401 Updated Plans
•USACE Section 404 Permit
•Volume II Section 6 - Utilities
•Additional Design Borings
•Infiltration testing results
•Potential Great River Race dates
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 28 of 30
Questions
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 29 of 30
Thank You
Route 3 NB & SB over North River
Norwell – Pembroke - Marshfield
July 28, 2026 | 10:00 am
Project File No. 607349
For Questions: massdotspecifications@dot.state.ma.us
Proposal No. 607349-135382 Addendum No. 1, July 31, 2026
Page 30 of 30

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-101.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-10.pdf


Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot




Proposal No. 607349-135382 November 6, 2026


ADDENDUM NO. 10


To Prospective Proposers and Others on:


NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build


Technical & Price Proposals Due: Friday, November 13, 2026 by 2:00 P.M.


Transmitting revisions to the RFP Documents as follows:

Questions and Responses One page.

RFP Volume I of III – Instructions To Proposers (July 16, 2026)
Attachment D: Escrow Forms
Escrow Agreement: Revised page 5.

RFP Volume II of III – Technical Provisions (July 16, 2026)
Revised page 141.


Modified the RFP Appendix folder as follows:

\APPENDIX\D\
Deleted file: 00813DB Steel Price Adj. w Base Prices 07-15-2026.pdf
Inserted new file: 00813DB Steel Price Adj. w Base Prices 10-28-2026 A-10.pdf





Ma s Page 2
Charles D. Baker, Logo


ADDENDUM NO. 10 (Continued)


A Dropbox folder named “Addendum No. 10” has been created, which includes the complete
addendum.

Take note of the above, substitute the revised page for the original, delete the file indicated,
insert the new file in the proper folder, and acknowledge Addendum No. 10 in your Expedite
Proposal file before submitting your bid.



Very truly yours,





Eric M. Cardone, P.E.
Construction Contracts Engineer


































EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Eric M. Cardone
Digitally signed by Eric M.
Cardone
Date: 2026.11.06 11:15:30 -05'00'
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page 5

10. Binding Effect. This Agreement shall be binding upon the respective parties hereto and their
heirs, executors, successors, and assigns.
11. Modification/Termination. This Agreement may not be altered, modified, or terminated without
the express written consent of the parties hereto. No course of conduct shall constitute a waiver of
any of the terms and conditions of this Agreement, unless such waiver is specified in writing, and
then only to the extent so specified. A waiver of any terms and conditions of this Agreement on
one occasion shall not constitute a waiver of the other terms of this Agreement, or of such terms
and conditions or any other occasion.
12. Governing Law. This Agreement shall be governed by and construed under the laws of the
Commonwealth of Massachusetts.
13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of such counterparts shall together constitute but one and the same
instrument.


IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this
Agreement as of the date and year first set forth above.




BY:
Proposer (Date)




BY:
Escrow Agent (Date)




BY:
Meghan Haggerty, Interim State Highway Administrator, MassDOT – Highway Division (Date)



Addendum No. 10, November 6, 2026

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-2.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-2.pdf

Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot




Proposal No. 607349-135382 August 21, 2026


ADDENDUM NO. 2


To Prospective Proposers and Others on:


NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build


Technical & Price Proposals Due: Friday, October 30, 2026 by 2:00 P.M.


Transmitting revisions to the RFP Documents as follows:

Questions and Responses Two pages.

RFP Volume II of III – Technical Provisions (July 16, 2026)
Revised page ix.


Modified the RFP Appendix folder as follows:

\APPENDIX\C\C.01\607349 BTC - HIGHWAY PLANS.pdf
Revised plan sheet number 53 of 137.

\APPENDIX\C\C.04\
Inserted new file: 607349 Median Soil Infiltration Data Report 8.20.26 A-2.pdf
Inserted new file: NAE-2024-01389_20260806_VERIFICATION A-2.pdf




Ma s Page 2
Charles D. Baker, Logo



ADDENDUM NO. 2 (Continued)


A Dropbox folder named “Addendum No. 2” has been created, which includes the complete
addendum.

Take note of the above, substitute the revised page and plan sheet for the originals, insert new
files in the proper folder, and acknowledge Addendum No. 2 in your Expedite Proposal file
before submitting your bid.


Very truly yours,




Eric M. Cardone, P.E.
Construction Contracts Engineer




































EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Eric M. Cardone Digitally signed by Eric M. Cardone
Date: 2026.08.21 13:23:52 -04'00'

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-3.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-3.pdf

Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot




Proposal No. 607349-135382 September 3, 2026


ADDENDUM NO. 3


To Prospective Proposers and Others on:


NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build


Technical & Price Proposals Due: Friday, October 30, 2026 by 2:00 P.M.


Transmitting revisions to the RFP Documents as follows:

Questions and Responses One page.

RFP Volume I of III – Instructions To Proposers (July 16, 2026)
Revised pages 11, 40, 41, and 52.
Inserted new pages 41.01 and 41.02.

Attachment B: Price Proposal Forms
Revised page B00420 - 1.

RFP Volume II of III – Technical Provisions (July 16, 2026)
Revised pages 132 and 133.



Ma s Page 2
Charles D. Baker, Logo
ADDENDUM NO. 3 (Continued)
A Dropbox folder named “Addendum No. 3” has been created, which includes the complete
addendum.
Take note of the above, substitute the revised pages for the originals, insert new pages in the
proper order, and acknowledge Addendum No. 3 in your Expedite Proposal file before
submitting your bid.
Very truly yours,
Eric M. Cardone, P.E.
Construction Contracts Engineer
EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Slava
Podluzny
Digitally signed
by Slava Podluzny
Date: 2026.09.03
14:54:51 -04'00'
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

B00420 - 1

DOCUMENT B00420


PROPOSAL


MARSHFIELD - NORWELL - PEMBROKE


For: Bridge Replacement, N-24-004 = P-05-008, Route 3 (NB & SB) over North River


COMMONWEALTH OF MASSACHUSETTS

LOCATION


The work referred to herein is in the Towns of Marshfield, Norwell, and Pembroke, in Plymouth County, in the
Commonwealth of Massachusetts, and is shown by the locus map (Document 00331) provided in RFP Volume II,
Appendix D, the work locations extend as follows:


Bridge No. N-24-004 = P-05-008

Beginning – Station 303+50.00 ±
Bridge No. N-24-004 = P-05-008
Ending – Station 357+00.00 ±


③ The contract prices shall include the furnishing of all materials (except as otherwise herein specified), the
performing of all the labor requisite or proper, the providing of all necessary machinery, tools, apparatus and other
means of construction, the doing of all the abovementioned work in the manner set forth, described and shown in the
specifications and on the drawings for the work, and in the form of contract, and the completion thereof within
1,907 CALENDAR DAYS upon receipt of a Notice to Proceed.

The Work of this Project is described by the following Items and quantities.
③ Addendum No. 3, September 3, 2026

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-4.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-4.pdf
Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot
Proposal No. 607349-135382 September 17, 2026
ADDENDUM NO. 4
To Prospective Proposers and Others on:
NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build
Technical & Price Proposals Due: Friday, October 30, 2026 by 2:00 P.M.
Transmitting revisions to the RFP Documents as follows:
Questions and Responses One page.
RFP Volume II of III – Technical Provisions (July 16, 2026)
Revised page 79.
Modified the RFP Appendix folder as follows:
\APPENDIX\C\C.06\
Inserted new file: CPT Results A-4.zip
A Dropbox folder named “Addendum No. 4” has been created, which includes the complete
addendum.
Take note of the above, substitute the revised page for the original, insert new file in the proper
folder, and acknowledge Addendum No. 4 in your Expedite Proposal file before submitting your
bid.
Very truly yours,
Eric M. Cardone, P.E.
Construction Contracts Engineer
EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Slava
Podluzny
Digitally signed by
Slava Podluzny
Date: 2026.09.17
10:20:18 -04'00'
THIS PAGE INTENTIONALLY BLANK

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-5.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-5.pdf


Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot



Proposal No. 607349-135382 September 29, 2026

ADDENDUM NO. 5

To Prospective Proposers and Others on:

NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build

Technical & Price Proposals Due: Friday, October 30, 2026 by 2:00 P.M.

Transmitting revisions to the RFP Documents as follows:

Questions and Responses Two pages.


Modified the RFP Appendix folder as follows:

\APPENDIX\C\C.06\
Inserted new file: Bridge No. N-24-004=P-05-008 (2DX, 2DY)_Supplemental GDR A-5.pdf


A Dropbox folder named “Addendum No. 5” has been created, which includes the complete
addendum.

Take note of the above, insert the new file in the proper folder, and acknowledge
Addendum No. 5 in your Expedite Proposal file before submitting your bid.


Very truly yours,




Eric M. Cardone, P.E.
Construction Contracts Engineer






EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Eric M. Cardone Digitally signed by Eric M. Cardone
Date: 2026.09.29 15:28:50 -04'00'

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-6.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-6.pdf


Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot



Proposal No. 607349-135382 October 8, 2026

ADDENDUM NO. 6

To Prospective Proposers and Others on:

NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build

Technical & Price Proposals Due: Friday, October 30, 2026 by 2:00 P.M.

Transmitting revisions to the RFP Documents as follows:

Questions and Responses Two pages.

RFP Volume I of III – Instructions To Proposers (July 16, 2026)
Revised pages 3 and 48.

A Dropbox folder named “Addendum No. 6” has been created, which includes the complete
addendum.

Take note of the above, substitute the revised pages for the originals, and acknowledge
Addendum No. 6 in your Expedite Proposal file before submitting your bid.


Very truly yours,




Eric M. Cardone, P.E.
Construction Contracts Engineer












EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Eric M. Cardone
Digitally signed by Eric M.
Cardone
Date: 2026.10.08 16:00:18 -04'00'
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

INTRODUCTION Page 3

1.3 SCHEDULE OF EVENTS
The following table provides the Proposed Schedule of Events for this Project through Notice to
Proceed.
Table 1: Schedule of Events
Phase 1: Letter of Interest (LOI) and Request for Qualifications (RFQ)
EVENT DATE TIME
Advertisement of Project Request for Letter of Interest in:
MassDOT Weekly AD, COMMBUYS,
Local Newspapers / Central Register
12/13/2025
Letters of Interest Due 3/10/2026 12:00 PM
RFQ Mailed to Interested Parties Submitting a LOI 3/11/2026
RFQ Briefing
(Virtual by email invitation) 3/24/2026 10:00 AM to
12:00 PM
MassDOT A&E Construction Prequalification Applications Due 3/30/2026 5:00 PM
RFQ Close date for questions 3/31/2026 12:00 PM
Statements of Qualifications Due 4/14/2026 12:00 PM
Design-Builders Short-Listed 5/15/2026
Design-Builders Notified 5/18/2026
Phase 2: Request for Proposals (RFP)
EVENT DATE TIME
DRAFT RFP Issued to Short-Listed Design-Builders 6/04/2026
Confidential DRAFT RFP Meeting (Virtual) 6/24/2026
FINAL RFP Issued to Short Listed Design-Builders 7/16/2026
Mandatory Pre-Proposal Meeting (Virtual, by email invitation) 7/28/2026 10:00AM -
12PM
ATC Meeting - 1 8/04/2026 TBD
ATC Meeting - 2 8/25/2026 TBD
ATC Meeting - 3 TBD
Last Day to Submit Final ATCs 9/08/2026
RFP Close date for Questions 10/15/2026
Technical & Price Proposals Due 10/30/2026 2:00 PM
Oral Presentations (In-Person, 10 Park Plaza Conference Room) 11/13/2026 TBD
Public Price Proposal Opening Date 12/10/2026 2:00 PM
Anticipated Award Date TBD
Anticipated Notice to Proceed 2/16/2027
*Schedule will be provided in advance of the Presentations
Addendum No. 6, October 8, 2026

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

SELECTION PROCESS AND EVALUATION CRITERIA Page 48
Chapter 4: Selection Process and Evaluation
Criteria
4.1 INITIAL EVALUATION/EVALUATION OVERVIEW
The Selection Committee shall first determine whether the Proposals meet the Pass/Fail criteria and
whether the Proposals are otherwise responsive to the requirements of the RFP. Committee members shall
evaluate the appropriate components of the Proposals against the criteria contained in this RFP and submit
the findings to the full Committee. Following the Oral Presentations, Committee members shall finalize
their evaluation sheets and narratives, where appropriate.

Committee members will not evaluate the technical component of Proposals that are deemed non-
responsive.
4.2 ORAL PRESENTATIONS
MassDOT may require each Proposer to present its Proposal in person through a fortifying oral
presentation. Following Proposal submission, a notice will be issued to Proposers with the oral presentation
schedule. According to the date specified under Section 1.3, after the Proposals are submitted, Proposers
that submitted Proposals deemed responsive may be required to make an Oral Presentation (up to two (2)
hours in duration) to all members of the Selection Committee. The presentation shall afford the Proposers
the opportunity to highlight the significant aspects of their Technical Proposal and their understanding of
the Project and offer a chance for the Selection Committee to ask clarifying questions. The Selection
Committee shall decide in advance as to what Proposal information may require clarification and which of
the Proposer’s Key Personnel it wishes to interview. The Oral Presentation shall not be used to fill in
missing or incomplete information that was required in the written Proposal. The Oral Presentation shall
not be used as an opportunity by the Proposers to improve or supplement their Proposals.
Following Oral Presentations, Committee members shall complete their evaluation sheets and
narratives.
4.3 PROPOSAL CLARIFICATIONS
The Selection Committee shall determine if clarifications shall be required. The Selection
Committee shall notify in writing each Proposer for which clarifications of their Proposal are required in
accordance with the schedule contained in this RFP. Oral Presentations may be requested and shall serve
the purpose of assisting the Committee in understanding and clarifying the Proposals. Committee members
may request each Proposer to address any and all incomplete issues and/or information and may request the
submission of additional information for the purpose of clarifying and improving the Committee’s
understanding of its Proposal.

Addendum No. 6, October 8, 2026

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-8.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-8.pdf


Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot


Proposal No. 607349-135382 October 27, 2026
ADDENDUM NO. 8

To Prospective Proposers and Others on:

NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build

Technical & Price Proposals Due Postponed: Friday, November 13, 2026 by 2:00 P.M.

Transmitting revisions to the RFP Documents as follows:

Questions and Responses Two pages.

RFP Volume I of III – Instructions To Proposers (July 16, 2026)
Revised page 3.

RFP Volume II of III – Technical Provisions (July 16, 2026)
Revised page 104.

Modified the RFP Appendix folder as follows:

\APPENDIX\B\
Deleted file: 00861 State Prevailing Wage Rates 07-13-2026.pdf
Inserted new file: 00861 State Prevailing Wage Rates 10-22-2026 A-8.pdf

A Dropbox folder named “Addendum No. 8” has been created, which includes the complete
addendum.

Take note of the above, substitute the revised pages for the originals, delete the file indicated,
insert the new file in the proper folder, and acknowledge Addendum No. 8 in your Expedite
Proposal file before submitting your bid.

Very truly yours,



Eric M. Cardone, P.E.
Construction Contracts Engineer


EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Eric M. Cardone
Digitally signed by Eric M.
Cardone
Date: 2026.10.27 12:35:02 -04'00'
















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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

INTRODUCTION Page 3

1.3 SCHEDULE OF EVENTS
The following table provides the Proposed Schedule of Events for this Project through Notice to
Proceed.
Table 1: Schedule of Events
Phase 1: Letter of Interest (LOI) and Request for Qualifications (RFQ)
EVENT DATE TIME
Advertisement of Project Request for Letter of Interest in:
MassDOT Weekly AD, COMMBUYS,
Local Newspapers / Central Register
12/13/2025
Letters of Interest Due 3/10/2026 12:00 PM
RFQ Mailed to Interested Parties Submitting a LOI 3/11/2026
RFQ Briefing
(Virtual by email invitation) 3/24/2026 10:00 AM to
12:00 PM
MassDOT A&E Construction Prequalification Applications Due 3/30/2026 5:00 PM
RFQ Close date for questions 3/31/2026 12:00 PM
Statements of Qualifications Due 4/14/2026 12:00 PM
Design-Builders Short-Listed 5/15/2026
Design-Builders Notified 5/18/2026
Phase 2: Request for Proposals (RFP)
EVENT DATE TIME
DRAFT RFP Issued to Short-Listed Design-Builders 6/04/2026
Confidential DRAFT RFP Meeting (Virtual) 6/24/2026
FINAL RFP Issued to Short Listed Design-Builders 7/16/2026
Mandatory Pre-Proposal Meeting (Virtual, by email invitation) 7/28/2026 10:00AM -
12PM
ATC Meeting - 1 8/04/2026 TBD
ATC Meeting - 2 8/25/2026 TBD
ATC Meeting - 3 TBD
Last Day to Submit Final ATCs 9/08/2026
RFP Close date for Questions 10/29/2026
Technical & Price Proposals Due 11/13/2026 2:00 PM
Oral Presentations (In-Person, 10 Park Plaza Conference Room) 12/4/2026 TBD
Public Price Proposal Opening Date 12/17/2026 11:00 AM
Anticipated Award Date TBD
Anticipated Notice to Proceed 2/16/2027
*Schedule will be provided in advance of the Presentations
Addendum No. 8, October 27, 2026
Addendum No. 6, October 8, 2026

📄 NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-9.pdf (Parsed Contract Document)

NORWELL-PEMBROKE-MARSHFIELD-607349-135382-A-9.pdf


Ten Park Plaza, Suite 4160, Boston, MA 02116
Tel: 857-368-4636, TTY: 857-368-0655
mass.gov/massdot


Proposal No. 607349-135382 November 2, 2026
ADDENDUM NO. 9

To Prospective Proposers and Others on:

NORWELL-PEMBROKE-MARSHFIELD
Bridge Replacement, N-24-004=P-05-008
Route 3 (NB & SB) over North River
Design-Build

Technical & Price Proposals Due: Friday, November 13, 2026 by 2:00 P.M.

Transmitting revisions to the RFP Documents as follows:

Questions and Responses One page.

RFP Volume I of III – Instructions To Proposers (July 16, 2026)
Revised pages iii, iv, and 64.

Attachment G: Draft Project Labor Agreement
Inserted new Attachment (22 pages).

A Dropbox folder named “Addendum No. 9” has been created, which includes the complete
addendum.

Take note of the above, substitute the revised pages for the originals, insert the new Attachment
in the proper order, and acknowledge Addendum No. 9 in your Expedite Proposal file before
submitting your bid.


Very truly yours,




Eric M. Cardone, P.E.
Construction Contracts Engineer







EMC\mac
cc: Narayana Kolla, Manager Alternative Procurement and Delivery
cc: Laura Montiel, Design-Build Project Manager
Eric M. Cardone
Digitally signed by Eric M.
Cardone
Date: 2026.11.02 12:05:38 -05'00'
















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Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page iii

4.6 PROPOSED CHANGES TO KEY PERSONNEL OR A MAJOR
PARTICIPANT AFTER PROPOSAL SUBMISSION DEADLINE .................. 55
4.7 PRICE PROPOSAL OPENING ............................................................................. 55
4.8 CONTRACT AWARD ............................................................................................ 55
4.9 RIGHTS OF MASSDOT IN EVALUATING PROPOSALS .............................. 55
Chapter 5: Miscellaneous .................................................................................... 56
5.1 PROJECT OFFICE LOCATION .......................................................................... 56
5.2 BONDING ................................................................................................................ 56
5.3 TEAMING AGREEMENTS................................................................................... 56
5.4 PROPOSED CHANGES TO KEY PERSONNEL ............................................... 56
5.5 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY
(AA/EEO).................................................................................................................. 56
5.6 DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PARTICIPATION ................................................................................................... 57
5.7 NONDISCRIMINATION ....................................................................................... 58
5.8 INSURANCE AND RISK MANAGEMENT ........................................................ 58
5.9 CONFLICT OF INTEREST ................................................................................... 59
5.9.1 APPLICABLE LAWS, REGULATIONS, GUIDANCE, POLICIES
AND CONTRACT TERMS .................................................................................................. 59
5.10 DESIGN COST STATEMENT .............................................................................. 64
5.11 PROJECT LABOR AGREEMENT ...................................................................... 64
Addendum No. 9, November 2, 2026

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

Page iv

LIST OF ATTACHMENTS


A: TECHNICAL PROPOSAL FORMS
LETTER OF TRANSMITTAL
STIPEND AGREEMENT
DESIGN COST STATEMENT

B: PRICE PROPOSAL FORMS
DOCUMENT B00420 PRICE PROPOSAL FORM

C: [RESERVED FOR FUTURE USE]

D: ESCROW FORMS
ESCROW AGREEMENT
ESCROW EXHIBIT 1 – BID DOCUMENTATION ASSEMBLY CERTIFICATION
ESCROW EXHIBIT 2 – BID DOCUMENTATION DELIVERY CERTIFICATION

E: ATC RULES ACKNOWLEDGEMENT

F: CONFLICT OF INTEREST DISCLOSURE FORM
G: DRAFT PROJECT LABOR AGREEMENT


Addendum No. 9, November 2, 2026
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382

MISCELLANEOUS Page 64

5.9.1.10 Failure to Comply with Guidance
If MassDOT determines, in its sole discretion, that a Participant has failed to comply with this
Guidance in any respect (including any failure to disclose an actual, perceived or potential conflict of
interest) or with the requirements of any conflict of interest determination, MassDOT may take appropriate
action which may include without limitation, preclusion of the Participant and any of its parents, affiliates,
subsidiaries, subcontractors or subconsultants; requiring the implementation of mitigation measures; or
cancellation or amendment of any contract under which the Participant is working on the Project and such
termination may be deemed to be a termination for default by the Participant. In the event of any such
termination MassDOT shall not be liable for the reimbursement of all or part of the costs incurred or alleged
to have been incurred by the Participant or any of its parents, affiliates, subsidiaries, subcontractors or
subconsultants. Additionally, MassDOT shall be entitled to recover any and all payments made to the
Participant subsequent to the date when the Participant became aware of or should have become aware of
the existence of the conflict of interest.

5.10 DESIGN COST STATEMENT
The two (2) lowest Best Value Proposers shall submit as a separate electronic file, a fully
completed, e-signed Design Cost Statement contained in Attachment A by the close of business on the third
business day after the Price Proposal opening. The Design Cost furnished by the Proposer is only for
MassDOT’s use in verifying and for tracking statewide Design Services
The total Design cost shall include all Design activities required by the RFP.
Failure to comply or to demonstrate good faith efforts to meet, the requirements for Design
Cost Statement may render a Proposal non-responsive.

5.11 PROJECT LABOR AGREEMENT
The Design-Builder selected to complete the Project, as a condition of Project Award, may be
required to execute a Project Labor Agreement (“PLA”) with the Building and Construction Trades Council
of Brockton Area District for its affiliated local unions and the Regional Council of Carpenters with respect
to the construction work on or connected to the Bridge Replacement, Route 3 (NB & SB) over North River
Design-Build Project. Whether the execution of a PLA will be required as a component of the contract
award is dependent upon many factors, including, but not limited to, the completion, by the Department, of
a Project Labor Analysis and approval by the Federal Highway Administration for this Project to include a
PLA. The Draft PLA is included herein as Attachment G.
Addendum No. 9, November 2, 2026

Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382
Page 1 of 22

REQUEST FOR PROPOSALS


VOLUME I OF III

INSTRUCTIONS TO PROPOSERS


ATTACHMENT G
DRAFT PROJECT LABOR AGREEMENT

Addendum No. 9, November 2, 2026
Massachusetts Department Of Transportation Highway Division
Proposal No. 607349-135382
Page 2 of 22





















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Addendum No. 9, November 2, 2026
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 3 of 22
PROJECT LABOR AGREEMENT
BETWEEN
[DESIGN BUILDER]
AND
BROCKTON AREA BUILDING TRADES COUNCIL, FOR ITSELF AND ON BEHALF OF ITS
AFFILIATED LOCAL UNIONS,
AND
NORTH ATLANTIC STATES REGIONAL COUNCIL OF CARPENTERS, FOR ITSELF AND
ON BEHALF OF ANY AFFILIATED LOCAL UNIONS
FOR
CONSTRUCTION TO REPLACE THE NORWELL- PEMBROKE- MARSHFIELD-
BRIDGE, ROUTE 3 (NB & SB) OVER NORTH RIVER
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 4 of 22
This Project Labor Agreement (the "Agreement") is entered into effective this ___ day of ___ 2026, by
and between _______ (the "Design Builder") and their successors or assigns, and the Brockton Area
Building Trades Council (the "Council") for itself and on behalf of its affiliated Local Unions, the North
Atlantic States Regional Council of Carpenters ("NASRCC") for itself and on behalf of any affiliated
Local Unions (hereinafter each being referred to collectively as the "Union" or "Unions"), who, through
their duly authorized officers, have executed this Agreement, with respect to the construction work owned
and contracted by the Massachusetts Department of Transportation (hereinafter, “MassDOT” or the
“Owner”) for the construction of the Route 3 bridge over the North River in Norwell, Pembroke and
Marshfield Massachusetts (the "Project").
As used herein, the term "Contractor" shall include all contractors and subcontractors of whatever
tier engaged in on-site construction work within the scope of this Agreement, including the Design
Builder, when it performs construction work within the scope of this PLA. Where specific reference to the
Design-Builder alone is intended, the term "Design-Builder" is used.
It is understood by the parties to this Agreement that the construction work covered by this
Agreement, as set forth in Article II, shall be contracted only to Contractors of whatever tier who agree to
execute and be bound by this Agreement through the Letter of Assent attached as Schedule B. This
Agreement shall be included in the bid documents, subcontract specifications and any other contract
documents, and/or public notices related to bidding for work within the scope of this Agreement.
The Design Builder shall cause any other Contractor performing construction at the site and not
presently identified to execute and deliver a copy of this Agreement, whereupon the contractor shall
become bound under this Agreement along with the Unions.
The Unions, Design Builder, and all signatory Contractors agree to abide by the terms and
conditions contained in this Agreement. This Agreement, together with the Appendices, Schedule A
Agreements, the Schedule B Letter of Assent, the Schedule C list of recognized holidays, and the Site
Plan at Exhibit 1 and their successors incorporated herein, represent the complete understanding of the
parties. By virtue of signing this Agreement, no Contractor is or will be required to sign any other
agreement with a signatory unit to perform work on this Project, whose scope is defined in Article II.
ARTICLE I
PURPOSE
MassDOT intends to replace the existing deteriorated Route 3 bridge over the North River and
construct a modern, single span structure with a 100-year service life. This bridge serves as a critical link
in a key transportation corridor connecting Boston to the South Shore and Cape Cod and the corridor
serves as a major commuter and freight route through Massachusetts.
The bridge’s strategic importance, both operationally and in terms of public safety, necessitates a
carefully coordinated construction program that ensures service continuity during construction. The
timely and successful completion of the construction work covered by this Agreement is of vital
importance to all the citizens of Massachusetts. Therefore, it is essential that the construction be done in
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 5 of 22
an efficient and economical manner to secure optimum productivity and to eliminate delay in a manner
that is in the best interests of MassDOT and the Commonwealth consistent with Section 283(a) of chapter
283 of the Acts of 2024 and Executive Order 641.
ARTICLE II
SCOPE OF THE AGREEMENT
Section 1. This Agreement shall apply to all construction work for which the Design-Builder is
responsible pursuant to MassDOT Contract _______ for the Project, including any demolition,
remediation, site preparation, renovation or rehabilitation of existing facilities, assembly, or other
construction activities including, but not limited to, the following elements:
(a) Construction of two (2) new single-span bridges within the general footprint of
the existing structure, maintaining the current profile while shifting the horizontal
alignment into the current median;
(b) Construction of new foundations, abutments, and superstructure elements;
(c) Demolition of the existing bridges;
(d) Associated corridor work encompassing approach roadway reconstruction on
Route 3, selective full-depth pavement and milling/overlay, barrier removal and
construction of crossovers;
(e) Drainage improvements including construction of new temporary and permanent
stormwater facilities
(f) Wetland mitigation and landscape restoration throughout the project area
The limits of roadway construction extend along Route 3, approximately 5,350 feet (1.01 miles),
with limits of construction beginning approximately 2,300 feet south of the bridges in Pembroke and
ending approximately 2,900 feet north of the bridges in Norwell. See Site Plan, Exhibit 1.
Section 2. All construction covered by this Agreement shall be under the direction of the Design
Builder and performed by Contractor(s) of whatever tier which have contracts awarded for the
construction of covered construction work on and after the effective date of this Agreement. The Design
Builder, and/or Contractors, as appropriate, have the absolute right to select any qualified bidder for the
award of contracts under this Agreement, provided, that such bidder is willing, ready and able to execute
and comply with this Agreement in full, should it be designated the successful bidder.
Section 3. It is agreed that all Contractors of whatever tier, who have been awarded contracts for
any construction work on this Project shall be required to execute the Letter of Assent attached as
Schedule B and accept and be bound by the terms and conditions of this Agreement prior to the
commencement of any work on the Project. A copy of the Letter of Assent executed by the Contractor
shall be transmitted to the Council and the Design Builder at least forty-eight (48) hours prior to the
dispatch of workers to the job site.
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 6 of 22
Section 4. Notwithstanding any provisions of a Schedule A Agreement attached hereto, where a
subject covered by the provisions of a Schedule A Agreement is also covered by this Agreement, the
provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Schedule A
and is not covered by this Agreement, the Schedule A provisions shall prevail. Any dispute as to the
applicable source, between this Agreement and a Schedule A Agreement, for determining the wages,
hours and working conditions of workers on this Project shall be resolved by the Permanent Arbitrator in
accordance with the procedures contained in Article VII.
The provisions of applicable Schedule A Agreements and this Agreement shall cover all
construction work on the Project. Notwithstanding any other provision of this Agreement, it is agreed,
that work falling within the jurisdiction of the International Union of Elevator Constructors on this Project
shall be performed under the terms of the Elevator Constructors' National Agreement, except that Articles
V, VII, VIII of this Agreement shall prevail and be applied to such work covered by this Agreement.
ARTICLE III
UNION RECOGNITION AND EMPLOYMENT AND REPRESENTATION
Section 1. The Contractor recognizes the Union as the sole and exclusive bargaining
representative of all construction and building trades workers working within the scope of this
Agreement.
Section 2. For a Local Union operating a job referral system as specified in its Schedule A
Agreement, the Contractor agrees to make exclusive use of such system for employment on the Project.
Such system must be operated in a non-discriminatory manner and in full compliance with any Federal,
State and Local laws and regulations which require equal employment opportunities and non-
discrimination. Referrals shall not be affected in any way by the rules, regulations, by-laws, constitutional
provisions or any other aspects or obligations of union membership and shall only be subject to such other
conditions as agreed to by the parties.
Section 3. In the event that a Union’s Schedule A Agreement does not contain a job referral
system as set forth in this section, the Contractor shall hire workers in accordance with the Union’s
established practices and procedures.
Section 4. Notwithstanding the Contractor's agreement to the job referral system set forth in
Sections 2 and 3, the parties agree that the Contractor may reject any referral for any lawful
nondiscriminatory reason. The Contractor shall provide notice of any decision to reject any referral to the
Union.
Section 5. Authorized representatives of the Union shall have access to the construction site;
provided they do not impede the work of workers and that they fully comply with the posted reasonable
visitor, security, and safety rules.
Section 6. The Contractor Agrees to deduct union dues or representation fees, whichever is
applicable, from the pay of any worker who has executed or executes a voluntary authorization for such
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 7 of 22
deductions and shall remit the deductions to the applicable Union. No worker employed on this Project
shall be required to comply with a union security provision of a Schedule A Agreement by virtue of the
Contractor employing him/her on this Project executing this Agreement.
ARTICLE IV
MANAGEMENT RIGHTS

Section 1. The Contractor retains full and exclusive authority for the management of its
operations. Except as expressly set forth in this Agreement or the applicable Schedule A Agreement, the
Contractor retains the right to direct the work force, including the hiring, promotion, transfer, layoff,
discipline or discharge for just cause of its employees; the selection of forepersons; the assignment and
schedule of work including the establishment of the standard work week, hours of work, start times, shifts
(including multiple, staggered, and off-hour), weekend work, make-up days, breaks, and meal periods; the
promulgation of reasonable work rules; and the requirement of overtime work, the determination of when
it shall be worked and the number and identity of employees engaged for such work.

Section 2. Except as otherwise expressly stated in this Agreement or in an applicable Schedule A
Agreement, there shall be no limitation or restriction upon the Contractor’s choice of materials or design,
nor, regardless of source or location, upon the full use and installation of equipment, machinery, package
units, pre-cast, pre-fabricated, pre-finished, or pre-assembled materials, tools, or other labor-saving
devices. The Contractor may without restriction install or otherwise use materials, supplies or equipment
regardless of their source, provided, however, said purchase, use and installation is done in a manner
consistent with the Schedule As. The on-site installation or application of such items shall be performed
by the craft having jurisdiction over such work.
Section 3. Except as otherwise expressly stated in this Agreement or in an applicable Schedule A
agreement, it is recognized that the use of new technology, equipment, machinery, tools and/or labor-
saving devices and methods of performing work may be initiated by the Contractor from time to time on
covered work. If there is any disagreement between the Contractor and the Union concerning the manner
or implementation of such device or method of work, the implementation shall proceed as directed by the
Contractor, and the Union shall have the right to grieve and/or arbitrate the dispute as set forth in Article
VII of this Agreement.
Section 4. Notwithstanding anything else in this Article IV, all workers covered by this
Agreement shall be classified in accordance with work performed and paid the full wage rates for those
classifications, including overtime rates, as specified in the applicable Schedule A Agreements or their
successors.
ARTICLE V
WORK STOPPAGE AND LOCKOUTS
Section 1. The Union agrees there shall be no strikes, picketing, work stoppages, (including
sympathy strikes and unfair labor practice strikes) slowdowns, or other disruptive activity by the Union or
their members for the duration of the construction work on the Project at the Project Site. The Contractor
agrees there shall be no lockout by the Contractor. Failure of any Union or their members to cross the
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 8 of 22
picket line established by any Union at the Project Site shall be a violation of this Article. In order to
ensure labor peace on this project, the Council, NASRCC, their affiliate Unions, and Contractors agree to
meet within forty-eight (48) hours upon receiving notice that a strike, work stoppage or other disruption is
planned, threatened, or has commenced without notice. The Council, NASRCC, and Unions pledge to
communicate regularly with the MassDOT and Contractors and work collaboratively to promote labor
peace for the duration of the Project.
Section 2. In the event a resolution of the alleged strike/lockout activity cannot be not reached
within forty-eight (48) hours, any aggrieved party alleging a work stoppage or lockout may make a
demand for expedited arbitration to the Permanent Arbitrators designated in Article VII. Said arbitration
shall be convened as soon as practicable, but no earlier than forty-eight (48) hours after confirmation of
the arbitrator’s appointment. The award shall be issued in writing within four (4) hours after the close of
the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued
within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award.
The Arbitrator or the Alternate may order cessation of the violation of this Article and other appropriate
relief; such award shall be served on all parties by hand, electronically, and/or registered mail upon
issuance.
Section 3. Fees and expenses of the arbitrator shall be equally divided between the moving party
or parties and the party or parties respondent.
ARTICLE VI
DRUG AND ALCOHOL TESTING
The Design Builder and Union agree that the Design Builder will implement a substance abuse
prevention program for the project. To conform with any governmental (Federal or State) regulation
covering this Project, the Design-Builder shall establish and implement reasonable substance abuse testing
procedures and regulations which may include but shall be limited to, pre-hire, reasonable cause and post-
accident testing.
ARTICLE VII
DISPUTE RESOLUTION
Section 1. This Agreement is intended to encourage cooperation between management and labor
and therefore provides procedures for the final and binding resolution of all disputes which could or may
arise among the parties. The dispute resolution procedures contained in this Article and in other
provisions of this Agreement are specifically intended to provide peaceful resolution of differences
between the parties. Their utilization with respect to disputes under this Article is mandatory and the
parties recognize that their availability removes any right or need to engage in any strike, picketing, work
stoppage, slowdown or disruptive activity of any kind or any lockout during the term of this Agreement.
The Design Builder and the Council shall each assign a representative to this Project for the purpose of
assisting the Unions, and the Contractors. to complete the construction of the Project economically,
efficiently, continuously and without interruption, delays or work stoppages, although such representative
may also be permitted to fulfill other roles and responsibilities with regard to the project, including,
without limitation, superintendence or project management.
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 9 of 22
Section 2. The Contractors and Unions, collectively and individually, realize the importance to all
parties of maintaining continuous and uninterrupted performance of the work at the Project, and agree to
resolve disputes in accordance with the arbitration provisions set forth in this Article.
Section 3. Any question arising out of and during the term of this Agreement involving the
interpretation and application (other than trade jurisdictional disputes or alleged violations of Article V)
shall be considered a grievance and subject to resolution under the following procedure:
Step 1 (a). When any worker subject to the provisions of this Agreement feels aggrieved by a
violation of this Agreement, the worker shall, through his Local Union business representative or
job steward. give notice to the worksite representative of the involved Contractor within five (5)
working days after the occurrence of the violation. stating the provision(s) alleged to have been
violated. The business representative of the Local Union or the job steward and the worksite
representative of the involved Contractor shall meet and endeavor to adjust the matter within
three (3) working days after timely notice has been given. If they fail to resolve the matter within
the prescribed period, the grieving party, may, within forty-eight (48) hours pursue Step 2 of the
grievance procedure provided the grievance is reduced to writing, setting forth the relevant
information concerning the alleged grievance, including a short description thereof, the date on
which the grievance occurred, and the provision(s) of the Agreement alleged to have been
violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the
parties directly involved unless endorsed by the Design Builder within five (5) days after
resolution has been reached and the terms of the resolution are set forth in writing to the Design
Builder.
(b). Should the Local Union(s) or Design Builder or any other Contractor have a dispute
with the other party and, if after convening, a settlement is not reached within three (3) working
days, the dispute shall be reduced to writing and proceed to Step 2 in the same manner as outlined
herein for the adjustment of a worker complaint.
Step 2. The Business Manager or designee of the involved Union, the site representative of the
involved Contractor, and the labor relations representative of the Design Builder shall meet
within seven (7) working days of the referral of the dispute to Step 2 to attempt to resolve the
matter. If the parties fail to reach agreement, the dispute may be appealed in writing in accordance
with the provisions of Step 3.
Step 3. If the grievance shall have been submitted but not adjusted or resolved under Step 2,
either party may request, in writing, within fourteen (14) calendar days after the initial Step 2
meeting, that the grievance be submitted to the Permanent Arbitrator. The voluntary labor
arbitration rules of the American Arbitration Association shall govern the conduct of the
arbitration hearing. The decision of the arbitrator shall be final and binding on all parties and the
fee and expenses of such arbitration shall be borne equally by the involved Contractor and the
involved Union(s),
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 10 of 22
Section 4. No adjustment or decision may provide retroactivity exceeding sixty (60) days prior to
the date of the filing of a written grievance except for grievances alleging non-payment of benefit
contributions required to be paid under Article IX.
Section 5. The relevant Design Builder shall be contemporaneously notified by the involved
Contractor of all actions at Steps 2 and 3 and shall be a party in interest at all grievance proceedings and
arbitrations.
Section 6. It is agreed by the signatories of this Agreement that the Permanent Arbitrator be
named under this Agreement will be a member of the American Arbitration Association experienced in
union arbitration matters and mutually acceptable to the Contractor in question, the Council and
NASRCC, The Arbitrator shall also be named Arbitrator to satisfy any Article making specific reference
to the Permanent Arbitrator regardless of the cause of the alleged violation, but he/she will have no
responsibility to decide jurisdictional disputes. In the event that the Permanent Arbitrator is unavailable he
or she shall appoint an alternate (both referred to herein as the "Permanent Arbitrator"). The parties have
designated Gary Altman as the Permanent Arbitrator for this Project and Sarah Garrity as the Alternate
Permanent Arbitrator.
ARTICLE VIII
JURISDICTIONAL DISPUTES
Section l(a). Work shall be assigned by the Contractor in accordance with area practice, and such
assignments shall be disclosed by the Contractor at a pre job conference, The Design Builder, Contractor
and subcontractors involved, and representatives of the appropriate Unions shall be invited to attend such
conference,
(b). The Contractor will announce proposed work assignments at a pre job jurisdictional
assignment conference held in accordance with industry practice not later than fourteen (14)
working days before commencing any work under this PLA. The pre-job conference will include
a representative of the Design Builder and the unions. Any Union in disagreement with the
proposed assignment shall notify the Contractor of its position in writing, with a copy to the
Council. within seven (7) calendar days thereafter. Within seven (7) calendar days after the period
allowed for Union's notices of disagreement with the Contractor's proposed assignments, but prior
to the commencement of any work, the Contractor shall make final assignments in writing with
copies to the Council and Design Builder.
(c). There will be no strikes, work stoppages, slowdowns. interruptions. or other
disruptive activity arising out of any jurisdictional dispute. Pending the resolution of the dispute,
the construction work shall continue uninterrupted as assigned by the Contractor.
(d). The involved Contractor shall promptly notify the Design Builder who will work
directly with the involved Union(s) and Contractor(s) to avoid any disruption or delay on the
work in dispute pending resolution of the dispute.
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 11 of 22
Section 2(a). All jurisdictional disputes between or among Unions who have agreed to be bound
to the procedures provided in the Plan for the Settlement of Jurisdictional Disputes (the "Plan") in the
Construction Industry shall be resolved under the Plan and shall be settled and adjusted according to the
Procedural Rules and Regulations for the Plan. The assignments of the Contractor(s) shall be followed
until the dispute is resolved in accordance with the Plan. Decisions rendered under the Plan shall be final,
binding, and conclusive on the affected Contractor or Contractors and the Union or Unions.
(b). For all Unions who have not agreed to be bound to provisions of the Plan, all
jurisdictional disputes between those unions, or between one of those unions and any other
union(s) shall be settled through arbitration where the arbitrator shall be bound by area practice
regarding the assignment of the work. The assignments of the Contractor(s) shall be followed and
work shall continue uninterrupted until the dispute is resolved. Decisions rendered by the
Permanent Arbitrator shall be final, binding, and conclusive on the affected Contractor or
Contractors and the Union or Unions. The Permanent Jurisdictional Arbitrator shall be Sarah
Garrity and the Alternate Permanent Jurisdictional Arbitrator shall be Harvey Shrage.
(c). Any Union opting out of the Plan after this Agreement is executed shall immediately
notify the Council, NASRCC, and the Construction Manager and be bound by the provisions
provided in Section 2(b).
Section 3. There shall be no authority to assign work to a double crew, that is, to more workers
than the minimum required to perform the work involved, nor to assign the work to workers who are not
qualified to perform the work involved. This does not prohibit agreement by the parties to any dispute,
including the involved Contractor, to establish composite crews where more than one (1) worker is
needed for the job, or an arbitrator from ordering such when appropriate under the Plan. The aforesaid
determination shall decide only to whom the disputed work belongs.
Section 4. There shall be no strike, work stoppage, slowdown, interruption, or other disruptive
activity while any jurisdictional dispute is being resolved. The work shall proceed without interruption as
assigned by the Contractor until finally resolved. The award or resolution shall be confirmed in writing to
the involved parties. There shall be no strike, work stoppage, slowdown, interruption, or other disruptive
activity in protest of any such award or resolution.
ARTICLE IX
WAGES AND BENEFITS
Section 1. All workers covered by this Agreement shall be classified in accordance with work
performed and paid the wage rates for those classifications as specified in the Schedule A's or their
successors.
Section 2. The Contractor agrees to timely pay contributions to the established worker benefit
funds in the amounts designated in the appropriate Schedule A. Bona fide jointly trusteed fringe benefit
plans established or negotiated through collective bargaining during the life of the Agreement may be
added.
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 12 of 22
The Contractor adopts and agrees to be bound by the written terms of the legally-established
Trust Agreements specifying the detailed basis on which payment are to be made into, and benefits paid
out of such Trust Funds. The Contractor authorizes the parties to such Trust Agreements to appoint
trustees and successor trustees to administer the Trust Funds and hereby ratifies and accepts the Trustees
so appointed as if made by the Contractor.
Section 3. Contractors of whatever tier shall make regular and timely contributions required by
Section 2 of this Article in amounts and on the time schedule set forth in the appropriate Schedule A.
Delinquency in remission of contributions is a breach of this Agreement. If a Contractor or subcontractor
is delinquent in any such contributions, the Union or the Trust Fund shall provide timely notification to
the Design Builder and provide documentary evidence of the delinquency endorsed by the Fund. The
applicable Contractor or subcontractor and Union or Trust Fund will attempt to resolve the delinquency. If
the delinquency is not resolved within ten (10) working days thereafter, the Contractor, in the case of a
delinquent subcontractor, shall withhold an amount to cover the delinquency from any retained funds
otherwise due and owing to the subcontractor and shall not release such withholding until the
subcontractor is in compliance, provided, however, that if the delinquent amount is undisputed in whole
or in part between the Fund and the delinquent subcontractor, the Contractor shall issue to the Fund(s) a
joint check payable to the Fund and the subcontractor in the amount of the undisputed delinquency. In the
case of a delinquent prime Contractor, Design Builder shall withhold, in an appropriate amount, any funds
due and owing to the Contractor. Pursuant to the announced commitment of the Construction Manager,
and to the extent permitted by law, the Contractor shall be subject to withholding of retained amounts
which may only be released upon the Contractor's resolution of the delinquency as evidenced by a written
statement endorsed by the Fund, Where there is no dispute as to the amount of the delinquency, retained
amounts may be released by a joint check delivered to the Fund(s) and made payable to the Contractor
and the Fund in the amount of any undisputed delinquency.
ARTICLE X
HOURS OF WORK, OVERTIME AND REPORTING PAY
Section 1. (a) The normal workday shall be eight (8) hours and the normal workweek shall be
forty (40) hours, Monday through Friday. Regular work hours will be between 5:30 a.m. and 5:30 p.m. plus
one-half (½) hour unpaid for lunch approximately mid-way through the shift, which may be changed by
mutual agreement of the Union and the Contractor. The Design Builder may arrange for multiple shifts
outside of normal work hours. Saturday may be a make-up day on a voluntary basis for weather-related lost
time only, with no less than eight (8) hours work opportunity if called in. Make-up days shall be paid in
accordance with the applicable Schedule A Agreement.
(b) If the Design Builder determines that it would be beneficial to the Project, the Design
Builder may implement a four (4) ten-hour day workweek (exclusive of one-half hour unpaid lunch
approximately mid-way through the shift) after providing three (3) days’ notice to the Union. Once
established, a four-ten workweek shall remain in effect for at least four (4) consecutive working days.
Regular working hours during the four/ten workweek will be between 5:30 a.m. and 5:30 p.m., Monday
through Friday. If the Design Builder determines that it would be beneficial to the Project, the Design
Builder may require work on the weekends, including the establishment of a 6-day workweek Monday
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 13 of 22
through Saturday or 7-day workweek after providing five (5) days’ notice to the Union.Wages shall be paid
in accordance with the applicable Schedule A Agreement.
(c) To the extent the Design Builder determines that second and third shifts would be
beneficial to the project, wages and benefits payable on the second and third shifts shall be those set forth
in the applicable Union’s collective bargaining agreement at Schedule A.
(d) A uniform starting time will be established for each craft or segment of the Project work. The
Union(s) shall be informed of the work starting time set by the Contractor at the pre-job conference.
Section 2. The need to work overtime will be determined by Design Builder or the Contractor.
Overtime and any other premium time shall be assigned and be paid consistent with the applicable Union’s
collective bargaining agreement at Schedule A.
Section 3. When an employee reports for work at the time and place specified by the
Contractor and he is not put to work or he works fewer than two (2) hours, he shall be paid for two (2) hours
at the applicable straight time rate of pay, unless overtime or another wage premium is required under the
applicable Schedule A Agreement, federal law, or state law.
Section 4. Unless a longer period or other breaks are required by the applicable Schedule A
Agreement, there shall be a paid fifteen (15) minute break upon two (2) hours following the start of a shift.
There shall be a thirty (30) minute unpaid lunch period to be mutually agreed upon. A second paid fifteen
(15) minute break shall occur after lunch.
ARTICLE XI
APPRENTICES AND WORKFORCE DEVELOPMENT
Section 1. Recognizing the need to maintain continuing supportive programs designed to develop
adequate numbers of competent workers in the construction industry, the Contractor will employ
apprentices participating in their respective Union apprenticeship programs in their respective crafts to
perform such work for this initial Project as is within their capabilities and which is customarily
performed by the craft in which they are indentured. The Contractor may utilize apprentices and such
other appropriate classifications as are contained in the applicable Schedule A. Apprentices and such other
classifications as are appropriate shall be employed in a manner consistent with the provisions of the
appropriate Schedule A. The Contractor will use its best efforts to ensure that one-fifth (1/5) of work
hours on this Project are staffed by apprentices.
Section 2. The parties recognize that the size and scope of the Project's covered work, the number
of craftspersons and others expected to be employed, and the extended period of time during which the
construction will be underway, should provide significant employment opportunities for qualified local
residents of the area. Equally important, the parties recognize that persons seeking entry to apprenticeship
programs may require additional preparation for admission to enter skilled apprenticeship programs will
have the opportunity through such high-quality pre-apprenticeship programs as the Building Pathways to
obtain the requisite qualifications and be considered for employment. The parties will endeavor to support
such Programs and employ graduates of such Programs consistent with the hiring obligations of this
Agreement and the needs of the Contractor for skilled and experienced craftsmen and apprentices. The
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 14 of 22
Contractor and the Unions also agree to permit direct employment of qualified graduates of Building
Pathways, to the extent permissible under the applicable Schedule A.
ARTICLE XII
NO DISCRIMINATION
Section. 1. The Contractor and Unions agree that they will not discriminate against any worker or
applicant for employment because of race, color, religion, sex, sexual orientation, veteran's status,
disability, national origin or age in any manner prohibited by law or regulation. It is recognized that
special procedures may be established by joint agreement of the parties to this Agreement or the training
and employment of persons who have not previously qualified to be employed on construction projects of
the type covered by this Agreement. The parties to this Agreement will make all good faith efforts to
assist in the proper implementation of such orders, regulations or agreements for the benefit of the defined
population.
Section 2. Any complaints regarding application of the provisions of Section 1 should be brought
to the immediate attention of the involved Contractor for consideration and resolution.
Section 3. The use of the masculine or feminine gender in this Agreement shall be construed as
including both genders.
Section 4. Nothing in this Article or otherwise in this Agreement shall preclude any worker
and/or the Union from addressing a complaint of discrimination or harassment through the grievance and
arbitration process in Article VI, or preclude the filing of administrative claims at the MCAD or EEOC.
Section 5. The Design Builder, Contractors, and the Unions agree that mandatory non-
discrimination training will be provided during an orientation session before any worker begins work on
the jobsite. Prospective workers shall be paid for all time spent during the orientation session in non-
discrimination training and successful completion of that training will be a condition of obtaining
employment on the job. Refresher and new non-discrimination courses may be offered to workers on the
jobsite, as needed, during which all attending workers shall be compensated.
ARTICLE XIII
HELMETS TO HARDHATS
The Contractor and the Unions seek to facilitate the entry of veterans into the building and construction
trades industry and agree to utilize the services of the Center for Military Recruitment. The Center’s
“Helmets to Hardhats” program shall serve as a resource for preliminary orientation, assessment of
construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring,
support network, employment opportunities and other needs as identified by the parties. To the extent
permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 15 of 22
ARTICLE XIV
HOLIDAYS
The parties agree that all holidays observed by the MassDOT shall be uniformly observed on this Project.
A list of those holidays shall be appended hereto as Schedule C and amended, to the extent necessary, as
of July 1 of each fiscal year that the project is on-going.
ARTICLE XV
LABOR-MANAGEMENT COOPERATION
The parties shall meet on an as-needed basis to address issues on the Project, ensuring that the Project is
constructed in an efficient and effective manner. The Design Builder, relevant Unions, and Contractors
agree to meet within 48 hours of a request to resolve a concern raised by MassDOT, the Design Builder,
or Contractors. MassDOT, Design Builder and Contractors agree to provide all relevant information
necessary to fully inform the Union(s) of the concerns raised.
ARTICLE XVI
OMBUDSERVICE
Within 60 days of the execution of this Agreement, the MassDOT, the Design-Builder, and the
Unions shall meet to negotiate over the retention and scope of an ombuds service for the Project,
available to all construction workers on the Project. The scope may include, but shall not be limited to,
the voluntary informal resolution of discrimination and harassment claims. Any agreement to engage
ombuds services, as well as the services provided will be memorialized in an amendment to this
Agreement.
ARTICLE XVII
GENERAL SAVINGS CLAUSE
If any provision(s) of this Agreement shall be declared invalid, inoperative, or unenforceable by
any court of competent authority under state or federal law, the Parties to this Agreement shall suspend
the operation of such Article or provision during the period of its invalidity and shall substitute by mutual
consent in its place a provision(s) which will meet the court’s judgment to its validity and which, to the
extent possible, will be in accord with the intent and purpose of the provision(s) in question. Any such
determination by a court, and/or the parties’ substitution of a term(s) by mutual agreement, shall have no
effect on the validity of the remaining provisions of this Agreement.
ARTICLE XVIII
MISCELLANEOUS
Section 1. It is understood that the liability of the Contractor and the liability of the separate
Unions under this Agreement shall be several and not joint.
Section 2. None of the provisions of this Agreement shall apply to the Owner. Nothing contained
herein shall be construed to prohibit or restrict the Owner or its employees from performing work not
covered by this Agreement on the Project site.
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 16 of 22
Section 3. It is understood that the Owner, at its sole option, may terminate, delay and/or suspend
any and all portions of the covered work at any time.
Section 4. This Agreement shall only be binding upon the signatory parties hereto and shall not
apply to the parents, affiliates, subsidiaries, or other ventures of any such party.
ARTICLE XIX
OSHA TRAINING
All hourly craft labor employees deployed to the project have completed at least a 10-hour training course
in construction safety and health approved by the U.S. Occupational Safety and Health Administration
prior to performing work on the project.
ARTICLE XX
DURATION OF THE AGREEMENT
This Project Labor Agreement shall be effective and operative as of the date it is executed. The
failure or refusal to execute this Agreement by any party that is identified in this Agreement as a
contemplated signatory, other than the Design Builder, the Council, and NASRCC shall not delay or
affect the enforceability of this Agreement.
This Agreement shall continue in effect for the duration of the Project construction work
described in Article II hereof. Construction of any phase, portion, section or segment of the Project shall
be deemed complete when such phase, portion, section or segment has been turned over to the Owner and
has received acceptance from Owner's representative.
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
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In witness whereof, the parties have caused this Agreement to be executed and effective as of the
day and year above written.
For [DESIGN BUILDER]
______________________________________________
For BROCKTON AREA BUILDING TRADES COUNCIL
__________________________________________________
For NORTH ATLANTIC STATES REGIONAL COUNCIL OF CARPENTERS
__________________________________________________
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
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SCHEDULE A
BUILDING TRADES LOCAL UNIONS HAVING GEOGRAPHICAL JURISDICTION
BOILERMAKERS LOCAL 29,
BRICKLAYERS LOCAL 1,
I.B.E.W. LOCAL 7,
ELEVATOR CONSTRUCTORS LOCAL 4,
HEAT & FROST INSULATORS WORKERS LOCAL 6,
IRON WORKERS LOCAL 7,
LABORERS LOCAL 596,
OPERATING ENGINEERS LOCAL 98,
PAINTERS DISTRICT COUNCIL 35
PAINTERS ALLIED TRADES DISTRICT 11,
PLUMBERS & PIPEFITTERS LOCAL 104,
PLASTERERS & CEMENT MASONS LOCAL 534,
ROOFERS LOCAL 248,
SHEET METAL WORKERS LOCAL 63,
SPRINKLER FITTERS LOCAL 5669,
TEAMSTERS LOCAL 404,
NORTH ATLANIC STATES REGIONAL COUNCIL OF CARPENTERS
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 19 of 22
PROJECT LETTER OF ASSENT ("LOA")
(This form must be executed by any subcontractor prior to commencing work)
The undersigned Contractor, of whatever tier, confirms that it agrees to be a party to and be bound
by the terms of the Norwell, Pembroke, Marshfield Route 3 Bridge Project Labor Agreement, its
Appendices, Addenda, Amendments, Exhibits, and Schedules (together, the "Agreement"), all hereby
incorporated by reference herein. Nothing contained in this LOA shall be construed to require any
Contractor or Subcontractor to sign a Schedule A agreement as a condition of performing work on the
project.
The undersigned, as a Contractor or Subcontractor (hereinafter, "Contractor") on the PLA, for and
in consideration of the award to it of a contract to perform work on said Project, and in further
consideration of the mutual promises made in the Agreement, a copy of which was received and is
acknowledged, hereby:
(1) Accepts and agrees to be bound by the terms and conditions of the Agreement, together with any
and all appendices, schedules, addenda, and amendments now existing or which are later made
thereto;
(2) Agrees to be bound by the legally established collective bargaining agreements and local trust
agreements as set forth in the Agreement in Schedule A and this Letter of Assent but only to the
extent of Project work and as required by the Agreement itself;
(3) Authorizes the parties to such national, regional and/or local trust agreements to appoint trustees
and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so
appointed as if made by the Contractor but only to the extent of Project work as required by the
Agreement;
(4) Certifies that it has no commitments or agreements that would preclude its full and complete
compliance with the terms and conditions of the Agreement or this Letter of Assent. The
Contractor agrees to employ labor that can work in harmony with all other labor on the project
and shall require labor harmony from every lower tier subcontractor it has engaged or may
engage to work on the Project; and
(5) Agrees to secure from any Contractor(s) (as defined in the Agreement) which is or becomes a
Subcontractor (of any tier), to it for the Project, a duly executed Letter of Assent in a form
identical to this document.
(6) The requirements of this LOA shall be placed on all sub-tier contractors' scope of work as
covered by this Agreement.
Agreement Project Name & Location: Norwell, Pembroke, Marshfield Route 3 Bridge PLA
Subcontractor Name: ___________________________________________________________
Subcontractor Address:__________________________________________________________
Subcontractor Phone:__________________Subcontractor E-Mail:_______________________
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 20 of 22
29854833_1
By Authorized Agent: Print Name: _____________________________________
Sign Name:_________________________ Dated:_________________________
Title:______________________________
All executed Letters of Assent (LOAs) should be kept with the Design Builder holding the
Agreement and distributed to the Business Managers or District Reps of the Unions covering the
work via email. No Subcontractor shall perform any work on said Project until the Agreement
requirements of filling out and submitting this LOA and holding a pre-job with the Unions has been
fulfilled.
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 21 of 22
SCHEDULE C
RECOGNIZED HOLIDAYS
Proposal No. 607349-135382 Addendum No. 9, November 2,2026
Page 22 of 22
EXHIBIT 1
SITE PLAN

Content extracted directly from the issuing government portal. For authoritative technical exhibits, download official documents listed above.

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