20190605 PSE Parkers Special Provisions arl lah.pdf

Town of Yarmouth Parker’s River Bridge Replacement

SP-1

SPECIAL PROVISIONS

YARMOUTH

Bridge Replacement, Bridge No. Y-01-002 (Concrete)

Route 28 (Main Street) over Parkers River

Labor participation goals for this project shall be X% for minorities and X% for women for each job category. The goals are applicable to both contractor’s and subcontractor’s on-site construction workforce. Refer to document 00820 for details.

Definitions Used in These Special Provisions

The "Municipality” and the “Town” shall mean the Town of Yarmouth, the municipality in which the Contract work is to be performed.

“MassDOT”, “Department”, “Massachusetts Highway Department” and “MassHighway” shall mean the Massachusetts Department of Transportation – Highway Division.

“Engineer” shall mean the authorized representative of the Town of Yarmouth.

“Standard Specification” shall be MassDOT Standard Specification.

SCOPE OF WORK

All work under this contract shall be done in conformance with the Massachusetts Highway Department

Standard Specifications for Highways and Bridges dated 1988, the Supplemental Specifications dated

July 1, 2015, and the Interim Supplemental Specifications, Dated September 30, 2018; the 2017

Construction Standard Details, the 1990 Standard Drawings for Signs and Supports; the 2009 Manual on Uniform Traffic Control Devices (MUTCD) with Massachusetts Amendments and the Standard

Municipal Traffic Code; the 1968 Standard Drawings for Traffic Signals and Highway Lighting; the latest edition of American Standard for Nursery Stock; the Plans and these Special Provisions.

The work under this Contract consists of the bridge replacement of the Route 28 (Main Street) Bridge

(MassDOT Bridge No. Y-01-002) over Parkers River in the Town of Yarmouth. The work includes the complete bridge replacement, as well as, modifications to the riprap channel in the area of the bridge. The new superstructure will comprise a single-span butted-precast deck beams with a 6” cast– in-place concrete deck and asphalt wearing surface. The structure shall remain open to one lane of traffic in each direction at all times during construction in accordance with the Temporary Traffic

Control Plans.

SP-2

SCOPE OF WORK (Continued)

Also included as part of the work under this Contract is the work on the Route 28 roadway approaches to the limits shown on the Plans which includes, but is not limited to, roadway widening, roadway profile adjustments, excavation and removal of the existing pavement, placement of a new pavement structure, milling and overlay, new highway guardrail, new approach sidewalks, drainage improvements, resetting of roadway lighting and other safety elements as shown on the Plans.

In addition, the work under this Contract includes roadway work on the bridge approaches to the limits shown on the Plans which includes, but is not limited to, roadway realignment, driveway removal and reconstruction, pavement milling and overlay, roadway box widening, new highway guardrail, drainage modifications, water and gas main relocations, and other utility relocations, and safety elements as shown on the Plans.

The work includes traffic management as cited below and as per the Temporary Traffic Control Plans included in the Contract Plans. The work shall be as shown on the Contract Plans, as listed in the

Contract Proposal, as specified herein, and/or as required by the Engineer.

The work also includes the placement of a temporary pedestrian bridge and associated walkways that will allow pedestrian access at all times during construction. Also included is the removal of a utility bridge adjacent to the existing bridge. The Contractor shall, as part of this work, coordinate with all utility owners before and during construction, including their temporary relocation requirements.

The Contractor shall satisfy themselves by their own investigation and research regarding conditions and measurements affecting the work to be done and shall make their bid in sole reliance thereon.

SP-3

WORK SCHEDULE

Work hours and days on this Project will conform to provisions found in the Access Permit Document.

With the exception of paving operations the work on this project shall be a normal 8-hour day, 5-day week, from 7:00 AM to 3:30 PM, with the Prime Contractor and all Subcontractors working on the same shift. Without prior approval by the District 5 Construction Engineer, no work shall be done on this Contract on Saturdays, Sundays or legal holidays, on a day before and/or a day after a long weekend involving a legal holiday, including the July 4th and Thanksgiving Holidays. No work that requires a lane closure shall be allowed during the day time work hour restrictions for peak hour traffic which are from 6:00 AM to 9:00 AM and 3:00PM to 6:00PM. In addition, no construction activities that would impact traffic or impact abutting business owners shall be permitted from

Memorial Day weekend through Labor Day Weekend.

The Contractor shall notify the District 5 Highway Director at least two (2) weeks in advance of any anticipated night time work to be performed during a night time window, or any short-term temporary roadway closures necessary for the work. All detour traffic control requirements must be in place and approved by the Engineer a minimum of two days in advance of the closure. The Contractor shall begin work on those portions of roadway so designated only after proper placement of necessary warning devices for the segment of roadway. The road shall remain open to traffic until all signs for the detour are in place. The Contractor is directed to the MassDOT access permit document for further construction schedule limitation. Any modifications to these proposed work hours are subject to the written approval of the District Highway Director and the Town of Yarmouth.

Winter restriction: paving, grading/seeding activities work are restricted for winter season. The

Contractor shall submit concrete placement heating and containment plan to the Engineer for approval for any cast in place concrete construction activities.

Utility Services: During construction, all utilities to properties abutting the project shall be maintained during their business hours and a minimum of two (2) hours prior to opening. Notification of any service disruptions shall be provided to the Town of Yarmouth and directly to the property owners a minimum of 48 hours in advance of any planned outages. Hydrants shall remain in service during construction.

Access: Vehicular access through a minimum of one curb cut shall be maintained at all times to abutting properties when abutting businesses are open. Curb cut access through both curb cuts to

679/681 Route 28 (Lobster Boat Restaurant) shall be maintained during their business hours for the

Memorial Day Weekend (Noon on Friday through Memorial Day) and from June 15th through Labor

Day.

Temporary Easements: Temporary Easement areas located outside the Work Zones identified on the

Temporary Traffic Control Plans shall not be used for staging, equipment storage or material storage.

Temporary Easement areas shall be kept free from accumulation of waste materials, debris or rubbish.

All temporary easement areas shall be restored to their original condition, or better, upon completion of the project.

SP-4

MASSHIGHWAY TO MASSDOT NAME CHANGE

The following definitions in Section 100 of the Standard Specifications for Highways and Bridges are revised as follows:

(Amend definition of Department)

1.17 –Department .....Effective November 1, 2009, St. 2009, c. 25 abolishes the Massachusetts

Department of Highways and all assets, liabilities, and obligations become those of the Massachusetts Department of Transportation (“MassDOT).

Anywhere in this contract the terms Commission, Commonwealth, Department of Public Works, Department, Massachusetts Highway

Department, MassHighway, Party of the First Part, or any other term intending to mean the former Massachusetts Department of Highways is used, it shall be interpreted to mean MassDOT or applicable employee of MassDOT unless the context clearly requires otherwise. Furthermore, MassDOT by operation of law inherited all rights and obligations pursuant to any contract, and therefore parties to this contract hereby acknowledge and agree that its terms shall be liberally construed and interpreted to maintain the rights and obligations of MassDOT. Furthermore, the parties hereby acknowledge and agree that the transfer of all rights and obligations from the Massachusetts

Department of Highways to MassDOT shall not have the effect of altering or eliminating any provision of this contract in a manner that inures to the detriment of MassDOT.

(Add a definition for MassDOT)

1.46 – MassDOT ........ The Massachusetts Department of Transportation, a body politic and corporate, under St. 2009, c. 25 “An Act Modernizing the Transportation

Systems of the Commonwealth”, as amended.

ENGINEERING DIRECTIVES

Contractors can access MassDOT, Highway Division Engineering Directives at:

http://www.mass.gov/massdot/highway

Select Doing business with us

Select Design/Engineering

Select Engineering & Policy Directives

Select Engineering Directives

PERSONAL PROTECTIVE SAFETY EQUIPMENT FOR CONTRACTOR PERSONNEL

The Contractor is responsible to ensure that all personnel, including all subcontractors, working on the project are issued and are wearing all necessary personal protective safety equipment while working within the project limits. This equipment shall include, as a minimum, a hardhat and a safety vest, regardless of the type of work being performed. Other safety equipment shall be added as required to perform the work in which they are engaged and in accordance with all local, state and federal requirements in effect. Safety equipment shall be provided at no additional cost to the Department.

http://www.mass.gov/massdot/highway

SP-5

CONTRACTOR/SUBCONTRACTOR CERTIFICATION – CONTRACT

COMPLIANCE (Revision 03-23-10)

Pursuant to 23 C.F.R. § 633.101 et seq., the Federal Highway Administration requires each contractor to “insert in each subcontract, except as excluded by law or regulation, the required contract provisions contained in Form FHWA–1273 and further requires their inclusion in any lower tier subcontract that may in turn be made. The required contract provisions of Form FHWA–1273 shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form FHWA–1273.” The prime contractor shall therefore comply with the reporting and certification requirements provided in MassDOT’s CONTRACTOR/SUBCONTRACTOR

CERTIFICATION Form (DOT-DIST-192) certifying compliance with 23 C.F.R. § 633.101 for each subcontract agreement entered into by the contractor. The contractor shall provide a fully executed original copy of said CONTRACTOR/SUBCONTRACTOR CERTIFICATION Form to MassDOT upon execution of any subcontract agreement. Failure to comply with the reporting and certification requirement of the CONTRACTOR/SUBCONTRACTOR CERTIFICATION Form may result in action against the prequalification status of the prime contractor with MassDOT.

SUBSECTION 4.04 CHANGED CONDITIONS.

This Subsection is revised by deleting the two sequential paragraphs near the end that begin “The

Contractor shall be estopped…” and “Any unit item price determined …” (1/6/2006).

PROTECTION OF UNDERGROUND FACILITIES

The Contractor's attention is directed to the necessity of making his own investigation in order to assure that no damage to existing structures, drainage lines, traffic signal conduits, etcetera, will occur.

The Contractor shall notify Massachusetts DIG SAFE and procure a Dig Safe Number for each location prior to disturbing existing ground in any way. The telephone number of the Dig Safe Call Center is 1-

888-344-7233.

DISPOSAL OF EXCESS MATERIAL

Surplus materials obtained from any type of excavation, and all existing and other materials not required to be removed and stacked or needed for use on the project, as determined by the Engineer, shall become the property of the Contractor and disposed of subject to the regulations and requirements of local authorities governing the disposal of such materials, at no additional compensation.

SP-6

MATERIAL REMOVED AND STACKED

All materials owned by the municipality and noted on the Contract documents to be removed and stacked shall be carefully removed, transported and stacked (on boards) at the discretion of the Town of Yarmouth Department of Public Works (DPW) Director to the DPW yard during normal business hours. The Town of Yarmouth specifically requests that the granite blocks comprising the existing abutments be removed and transported to the DPW Garage at 507 Buck Island Road, and stacked in a location on site to be determined by the Town.

The Contractor shall be held responsible for any damage to the materials to be stacked before final removal. The Contractor’s responsibility shall cease upon final acceptance of the work or 60 days from the time a certified notice (with a copy sent to the Engineer) is sent to the owner of the material advising him that it is available for removal.

If the Engineer or the Town determines that any part of the stacked material is unsuitable for reuse, said materials shall become the property of the Contractor, and the Contractor shall dispose of them away from the site. No separate payment will be made for this work, but all costs in connection therewith shall be included in the prices bid for various Contract items.

ENVIRONMENTAL PROTECTION

The Contractor shall operate only in those areas approved by the Engineer and shall provide protective measures called for in various Contract Items or at the direction of the Engineer. All protective measures shall be maintained by the Contractor until removal is approved by the

Engineer or at the end of the Project.

The Contractor shall maintain all construction and storage areas free of debris and trash.

The Contractor shall be responsible for restoration of disturbed areas as provided for in the various items. Any damage to areas not approved by the Engineer shall be restored at the Contractor expense.

Should the Contractor fail to make the necessary repairs, the Town may make such repairs and charge them against the Contractor.

Daily maintenance and fueling of equipment shall be conducted away from all wetland areas.

The Contractor shall have sufficient materials on hand to control and clean up any spillage. In the event of an accidental spillage within any wetland area, the Contractor shall take immediate action to prevent contamination of wetland areas, and he shall cease operations and notify the Engineer. The cost of cleanup of any contamination shall be the responsibility of the Contractor.

Maintenance and repair other than daily requirement shall be done off-site at the Contractor’s own facility or service yard.

From time to time the site may be visited or inspected by Local, State or Federal agencies responsible for protection of the environment. The Contractor shall cooperate with the representatives and shall not hinder or impede their work.

All protective measures shall be paid for in the costs of the various items.

SP-7

The Contractor shall provide for removal of material spilled from his trucks on existing pavement over which it is hauled or otherwise deposited whenever in the judgment of the Engineer the accumulation is sufficient to cause the formation of mud or dust or interfere with drainage.

Dust Control: Provide positive methods and apply dust control materials to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into the atmosphere.

The Contractor shall provide sanitary facilities for the use of workers at the site and shall insure that they are maintained in a clean condition. The contents shall be removed and disposed of in a satisfactory manner as the occasion requires. The sanitary conveniences shall be the obligation and responsibility of the Contractor.

US Army Corps of Engineer New England District Regulatory Division has reviewed and approved the application, File Number NAE-2017-1757 dated August 28, 2017, to perform bridge replacement work to place 4,735 square feet (sq. ft.) of rip rap, 4,550 sq. ft. of temporary coffer dams to dewater work areas, dredge a 4,225 sq. ft. area to a depth of -6.4 ft. NAVD88 and restore 125.5 acres of tidally influenced pond and wetlands through the widening of the Parkers River Bridge. The authorization expires on February 4, 2020. The work authorized shall commence by February 4, 2020 and complete the work by February 4, 2021.

EROSION AND SEDIMENT CONTROL

Sediment and erosion control best management practices (BMPs) shall be installed prior to beginning any construction activities and shall remain in place throughout construction and until all disturbed areas are re-vegetated. Additional BMPs shall be installed wherever directed.

The Engineer has the authority to limit the surface areas of erodible earth material exposed by excavation, borrow and fill, or any such operations, and to direct the Contractor to provide immediate, permanent, or temporary control measures to prevent contamination of Parkers River, Seine Pond or other bodies of water. Such measures will involve the construction of compost filter tubes, a settling basin/tank, silt fences, or other control devices or methods as necessary to control erosion and sedimentation.

The erosion and sediment control features installed by the Contractor shall be satisfactorily maintained by the Contractor until acceptance of the project. In the event of conflict between these specifications and laws, rules, or regulations of local agencies, the more restrictive requirements shall apply.

If temporary erosion and sediment control measures are required due to the Contractor’s negligence or carelessness, the control measures shall be performed by the Contractor at his own expense.

Construction of temporary erosion and sediment control measures, which are not attributed to the

Contractor’s negligence, carelessness, or failure to install permanent controls, will be performed as shown on the Plans and/or as ordered by the Engineer.

Repeated failures by the Contractor to control erosion, pollution, and/or siltation, shall be cause for the Engineer to employ outside assistance or to use his own forces to provide the necessary corrective measures. The cost of such assistance plus project engineering costs will be charged to the Contractor

SP-8

and appropriate deductions made from the Contractor’s monthly progress estimate.

Payment for temporary soil erosion and control work will be included under the various pay items in the Contract.

Payment for dewatering, settling basin/tank, and temporary water diversion will be included under

Item 991.1 in the Contract.

ENVIRONMENTAL PERMITTING

If Contractor-proposed erection, construction, storage, or other procedures not originally allowed by existing environmental permits require work to occur in or otherwise impact water or wetland resource areas, the Contractor is advised that no associated work can occur until all required environmental permits have been either amended or obtained allowing such work. The Contractor must notify the Engineer in writing at least 60 days prior to the desired commencement of the proposed activity. All environmental submittals, including any contact with Local, State, or Federal environmental agencies, must be coordinated with the Engineer. The Contractor is expected to fully cooperate with requests for information and provide same in a timely manner. The Contractor is further advised that the Town will not entertain a delay claim due to the time required to modify or obtain the environmental permits. The contractor is responsible for all costs such as engineering, environmental permit fees, etc. required to amend permits or obtain new permits needed for a contractor proposed change in erection, construction or procedures used to facilitate his/her preferred construction methods that differ from those allowed under the specified permits.

DEP – WATER QUALITY CERTIFICATE (WQC)

Refer to Division 0.

ARMY CORPS OF ENGINEERS PERMIT

CHAPTER 91 PERMIT

NPDES NOI

NPDES NOI for Erosion and Sediment Control shall be prepared and filed by the Contractor.

DESIGNER/PROJECT MANAGER

DESIGNER PROJECT MANAGER

Louis Berger Agency

Ximena Monti, PE Name, Title

781.707.7490 Phone Number

SP-9

PROJECT UTILITY COORDINATION FORM

The utility schedule and sequence information provided in the Project Utility Coordination Form is the best available information at the time of the bid and has been considered in setting the contract duration. The information is provided for the contractor’s use in developing their bids and the

Baseline Schedule Submission.

If the Contractor submits a schedule in accordance with Section 8.02 that contains durations or sequencing that varies from those provided in the Project Utility Coordination Form, the Contactor must submit a Proposal Schedule, in accordance with 8.02. As a prerequisite to the Proposal Schedule submission, and in advance of the utility notification(s) period, the Contractor shall coordinate the proposed utility changes with the Engineer and the Utility companies, to develop a mutually agreed upon schedule, prior to the start of construction. The submission of the Baseline Schedule should not include any of these types of proposed utility changes and should not delay the submission of the

Baseline Schedule.

The Engineer will issue initial Notice to Proceed dates to each utility company based on the contractor’s Baseline schedule which shall include the utility relocation durations as detailed in the

Project Utility Coordination Form or as agreed upon as modified in the approved Proposal Schedule.

A time extension will be granted for a utility delay only if the actual duration of the utility work is in excess of that shown on the Project Utility Coordination Form and only if the delay impacts the critical path. The Contractor will be responsible to recover any time lost as a result of changes made to the durations or sequencing provided in the Project Utility Coordination Form.

Inclusion of the Project Utility Coordination information shall not be construed as changing or superseding any other provision of the contract. Utility delays, as provided by Section 5.05, are non-compensable delays. The sole remedy for utility delay is a time extension under Section 8.10.

Utility Work Prior To Schedule Submission

If the Contractor anticipates that any utility work will need to start prior to the first schedule submission required by Section 8.02, the contractor shall present that information at the pre-construction conference in the form of a sub-net schedule showing when each early utility activity needs to start. The Engineer will issue a Notice to Proceed to the affected utilities based on the projected dates.

SP-10

BIDDERS LIST

Pursuant to the provisions of 49 CFR 26.11 all official bidders will be required to report the names, addresses and telephone numbers of all firms that submitted bids or quotes in connection with this project. Failure to comply with a written request for this information within 15 business days may result in a recommendation to the Prequalification Committee that prequalification status be suspended until the information is received.

The Department will survey all firms that have submitted bids or quotes during the previous year prior to setting the annual goal and shall request that each firm report its age and gross receipts for the year.

BUY AMERICA PROVISIONS (23 CFR 635.410)

(Supplementing Subsection 6.01 Source of Supply and Quality)

Federal law 23 CFR 635.410 requires that all manufacturing processes, including application of the coating, for steel and iron materials to be permanently incorporated in Federal-aid highway construction projects must occur in the United States. Coating includes all processes which protect or enhance the value of a material to which the coating is applied.

Foreign steel and iron may be used if the cost of the materials as they are delivered to the jobsite does not exceed 0.1% of the total contract cost or $2,500 whichever is greater.

PROMPT PAYMENT AND RELEASE OF RETAINAGE TO SUBCONTRACTORS

The Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of subcontract work not later than 10 business days from the receipt of each payment the prime contractor receives from the Department. Failure to comply with this requirement may result in the withholding of payment to the prime contractor until such time as all payment due under this provision has been received by the subcontractor(s) and/or referral to the Prequalification

Committee for action which may affect the contractor’s prequalification status.

The Contractor further agrees to make payment in full, including retainage, to each subcontractor not later than 10 business days after the subcontractor has completed all of the work required under its subcontract.

ROADWAY FLAGGER (Supplementing Subsection 4.06)

MassDOT reserves the right to provide certified Roadway Flaggers who are MassDOT employees, at the discretion of the Engineer. The Contractor shall not be charged nor compensated for the use of

MassDOT employee flaggers. Should the substitution of MassDOT employee flaggers result in the elimination or reduction of payable hours for Item 850.41 Roadway Flagger, the provisions of Section

4.06 Increased or Decreased Contract Quantities shall not apply. This item shall not be subject to renegotiation for any reason under Section 4.06 regardless of whether or not this item overruns or underruns.

SP-11

ARCHITECTURAL ACCESS BOARD TOLERANCES

The Contractor is hereby notified that they are ultimately responsible for constructing all project elements in strict compliance with the current AAB/ADA rules, regulations and standards.

All construction elements in this project associated with sidewalks, walkways, wheelchair ramps and curb cuts are controlled by 521CMR - Rules and Regulations of the Architectural Access Board

(AAB).

The AAB Rules and Regulations specify maximum slopes and minimum dimensions required for construction acceptance. There is no tolerance allowed for slopes greater than the maximum slope nor for dimensions less than the minimum dimensions.

Contractors shall establish grade elevations at all wheel chair ramp locations, and shall set transition lengths according to the appropriate table in the Construction Standards (or to the details shown on the plans).

All wheelchair ramp joints and transition sections which define grade changes shall be formed, staked and checked prior to placing cement concrete. All grade changes are to be made at joints.

PAINTING - STRUCTURAL CERTIFICATION

All Contractors or Subcontractors performing lead based paint removal, containment and collection, surface preparation, or coating of structural steel must be pre-qualified by MassDOT in the Painting

- Structural category.

NEW INTRODUCTIONS OF INVASIVE PLANTS INTO OR AROUND THE SITE

(Supplementing Subsections 7.01(D) Plant Pest Control and 7.13 Protection and Restoration of

Property)

The Contractor shall ensure that no invasive plant species, as defined and listed as Invasive, Likely

Invasive, or Potentially Invasive, by the Massachusetts Invasive Plant Advisory Group http://www.massnrc.org/MIPAG, are introduced or spread around the site by construction activities including but not limited to improperly cleaned construction equipment and importation of infected materials such as borrow, compost, nursery stock, seed, or hay bales. Corrective measures, if necessary, shall be made by the Contractor as directed by the Engineer.

The Contractor shall be solely responsible for all costs associated with ensuring that invasive species are not introduced or spread around the site by construction activities and for all corrective measures required for as long as necessary to eliminate the introduced invasive plant species and prevent re-establishment of same.

http://www.massnrc.org/MIPAG

SP-12

SUBSECTION 8.10 DETERMINATION AND EXTENSION OF CONTRACT TIME FOR

COMPLETION (TIME EXTENSIONS)

Replace this Subsection with the following:

A. General

It is an essential part of all contracts that contractors shall perform the Work fully, entirely and in an acceptable manner within the contract duration.

The contract duration is based upon the requirements of public convenience and the assumption that the

Contractor will prosecute the Work efficiently and with the least possible delay, in accordance with the maximum allowable working time, as specified in the Contract.

The contract duration has been carefully considered and has been established for reasons of importance to the Department. The contract duration will be enforced and it is understood that the Contractor accepted this concept at the time of the submission of the bid. The timing of the Notice to Proceed

(NTP) has been taken into account in the determination of the contract duration and the timing of the issuance of the NTP shall not, by itself, be a reason for a time extension.

An extension of contract time will be granted only if entitlement to a time extension has been clearly demonstrated to the satisfaction of the Engineer by a documented time entitlement analysis, performed in accordance with the requirements of Subsection 8.02.E.8 - Time Entitlement Analysis.

B. Requests for Additional Contract Time (Time Extensions)

In response to a request for a time extension, an extension of contract time may be granted for demonstrated delays resulting from only one, or, in the case of concurrent delays, a combination of the following causes:

SP-13

SECTION 8.10 (Continued)

1. Extra Work

Each extra work order (EWO) proposal shall include an evaluation of the impact of the EWO on contract time, expressed in calendar days. If there is no impact to the contract time as a result of the

EWO, the EWO shall indicate this by stating that zero (0) calendar days of additional time is being requested. The need for a time extension as a result of the EWO must be clearly demonstrated by a documented time entitlement analysis (TEA) performed by the Contractor in accordance with the requirements of Subsection 8.02.E.8. A documented preliminary TEA supporting the EWO proposal shall be submitted to the Engineer as part of the EWO proposal. Also see Subsection 4.03 – Extra

Work and Subsection 4.05 – Validity of Extra Work.

2. Department-Caused Delays

If any part of the Work is delayed or suspended by the Department, the Contractor will be granted a time extension to complete the Work or any portion of the Work only if entitlement to this time extension has been clearly demonstrated by a documented time entitlement analysis. Department-caused delays shall not include delays to or suspensions of the Work that result from the fault or negligence of the Contractor. Also see Subsection 8.05 – Claim for Delay or Suspension of the

Work.

3. Increased Quantities

Increased quantities of work may be considered as the basis for a time extension only if the requirements of Subsection 4.06 - Increased or Decreased Contract Quantities are met. The time allowed for performance of the Work will be increased based on increased quantities only if entitlement to this time extension has been clearly demonstrated by a documented time entitlement analysis. A decrease in quantities shall also require a time entitlement analysis to determine if a deduction of contract time is warranted.

4. Delays Not Caused by Contractor Fault or Negligence

When delays occur due to reasonable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to: “Acts of God”; war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing;

acts of the Government; acts of the State or any political subdivision thereof; acts of other contracting parties over whose acts the Contractor has no control; fires; floods; epidemics; abnormal tides (not including Spring tides); severe coastal storms accompanied by high winds or abnormal tides; freezing of streams and harbors; abnormal time of Winter freezing or Spring thawing; interference from recreational boat traffic; use of beaches and recreational facilities for recreational purposes during the Summer season; abnormal ship docking and berthing; unanticipated use of wharves and storage sheds; strikes, except those caused by improper acts or omissions of the Contractor; extraordinary delays in delivery of materials caused by strikes, lockouts, wrecks, and/or freight embargoes; a time extension will be granted only if entitlement to a time extension has been clearly demonstrated by a documented time entitlement analysis.

SP-14

An “Act of God” as used in this subsection is construed to mean an earthquake, flood, cyclone, hurricane, tornado, or other cataclysmic phenomenon of nature beyond the power of the Contractor to foresee and/or make preparations against. Additional consideration may be given to severe, abnormal flooding in local rivers and streams that has been reported as such by the National Weather

Service. Rain, wind, snow, and/or other natural phenomena of normal intensity, based on National

Weather Service reports, for the particular locality and for the particular season of the year in which the Work is being prosecuted, shall not be construed as an “Act of God” and no time extension will be granted for the delays resulting therefrom.

Within the scope of acts of the Government, consideration will be given to properly documented evidence that the Contractor has been delayed in obtaining any material or class of labor because of any assignment of preference ratings by the Federal Government or its agencies to defense contracts of any type.

5. Delays Caused by Public Service Corporations, Municipal Departments or Other Third Parties

If any part of the Work is delayed by public service corporations, municipal departments or other third parties, a time extension will be granted only if entitlement to a time extension has been clearly demonstrated by a documented time entitlement analysis. Also see Subsections 5.05 - Cooperation by Contractor, 5.06 - Adjacent Contracts and 8.04 - Removal or Demolition of Buildings and Land

Takings.

C. Time Extension Determination

1. When the Contractor submits a request for a time extension, placing the Department on notice of a delay due to any of the causes listed in Subsection 8.10.B, it shall be submitted in writing to the

Engineer within fifteen (15) calendar days after the start of the delay. No time extension will be granted if a request for a time extension is not filed within fifteen (15) calendar days after the start of the delay.

A documented preliminary time entitlement analysis (TEA) supporting the request for a time extension and meeting the requirements of Subsection 8.02.E.8 shall be submitted to the Engineer no later than fifteen (15) calendar days after the request for a time extension is submitted to the

Engineer or thirty (30) calendar days after the start of the delay. A documented final TEA shall be submitted to the Engineer no later than fifteen (15) calendar days after the end of the delay. During the time between the preliminary and final TEAs, the delay shall be documented in statused contract progress schedules submitted in accordance with the requirements of Subsection 8.02.E.5.

2. No time extension will be granted for any delay or any suspension of the Work due to the fault of the Contractor.

3. No time extension will be granted if the request for a time extension is based on any claim that the originally established contract duration was inadequate.

SP-15

4. Time extensions will only be granted for delays, including concurrent delays, to activities affecting contract milestones, the contract completion date and/or other critical path activities as demonstrated to the satisfaction of the Engineer by a detailed time entitlement analysis that clearly states the number of calendar days of extra time being requested.

5. The probable slowdown or curtailment of work during inclement weather and winter months has been taken into consideration in determining the contract duration and therefore no time extension will be granted, except as defined in Subsection 8.10.B.4.

6. Any work restriction related to weather, permit conditions, community accommodation, traffic or any other restriction specified in the Contract or reasonably expected for the particular locality and for the particular season of the year in which the Work is being prosecuted must be considered in the analysis of each individual time extension and shall not be considered, in itself, justification for an extension of time.

7. Any time entitlement analysis prepared for the purpose of requesting a time extension shall clearly indicate any proposed overtime hours or additional shifts that are incorporated in the schedule. The

Engineer shall have final approval over the use of overtime hours and additional shifts and shall have the right to require that overtime hours and/or additional shifts be used to minimize the duration of time extensions if it is determined to be in best interest of the Department to do so.

D. Disputes

Any dispute regarding whether or not a time entitlement analysis demonstrates entitlement to a time extension, the number of days granted in a time extension or any other question of fact arising under this subsection shall be determined by the Engineer.

The Contractor may dispute a determination by the Engineer by filing a claim notice within fourteen

(14) calendar days after the Contractor's request for additional time has been denied or if the

Contractor does not accept the number of days granted in a time extension. The Contractor's claim notice shall include a time entitlement analysis that sufficiently explains the basis of the time-related claim. Failure to submit the required time entitlement analysis with the claim notice shall result in denial of the Contractor's claim.

SP-16

SUBSECTION 4.03 EXTRA WORK (Also see Subsection 4.05).

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

Unless specifically noted in the Extra Work Order, Extra Work will not extend the time of completion of the Contract as stipulated in Subsection 8.10.

The determination of the Engineer shall be final upon all questions concerning the amount and value of

Extra Work (except as provided in Subsection 7.16).

Payment for Extra Work will be provided in Subsection 9.03.

PROSECUTION OF WORK AND PROVISIONS FOR TRAVEL

The Contractor shall establish the temporary traffic control scheme in accordance with the Contract

Plans provided and as approved by the Engineer.

The Contractor shall notify the Engineer in writing two (2) weeks in advance of any proposed short-term temporary roadway closures necessary to complete the work.

Before starting any work under this Contract, the Contractor shall submit a Schedule of Operations as provided in Subsection 8.02 and shall become familiar with existing conditions of the areas in which he/she is to perform the work, as stipulated in Subsection 2.03. The Contractor shall coordinate his/her work with any work to be done by the Public Utilities or other agencies, and he/she shall so schedule his/her operations as to cause the least interruption to the normal flow of vehicular traffic.

Particular care shall be exercised to establish and maintain such methods and procedures as will not create hazards of an unusual nature.

The Contractor shall remove all material spilled from his/her trucks on existing pavement over which it is hauled, or otherwise deposited thereon whenever, in the judgment of the Engineer, the accumulation is sufficient to cause the formation of mud or dust, or interfere with drainage or create a traffic hazard.

In case of damage to utilities, the Contractor shall promptly notify the Owner and shall, if requested, furnish manpower under the Owner’s direction in getting access to the utility. Pipes or other structures, damaged by the operation of the Contractor, may be repaired by the Owner, either the municipality or the utility company, at the Contractor’s expense.

SP-17

EXISTING BORING INFORMATION PROVIDED (Supplementing Subsection 2.03)

The borings as indicated on the Plans were taken for the purpose of design of the bridge foundations.

They do not necessarily show the actual nature of the material that may be encountered in the excavation. Material encountered in the excavation may include various materials such as rock fill, and may also include various other materials from previous constructions. The Contractor shall make his/her own investigations to ascertain the presence of the utilities and former constructions. The bid by the Contractor will be considered as a mutual agreement that the removal and disposal of all the materials encountered in the excavation and in the excavating for walls and bridge structures, regardless of their nature or size (except for materials defined as Class B Rock Excavation) will be considered as included under the general items for excavation, and that there shall be no addition to the Contract Unit Price for the item regardless if the operation is more difficult or more costly than is implied by the preliminary information.

PUBLIC SAFETY AND CONVENIENCE

(Supplementing Subsection 7.09)

The Contractor shall provide, in accordance with the Contract Plans, all traffic barriers, signs and other specified traffic control devices needed to provide the necessary traffic management in the vicinity of the construction site as indicated on the Plans. No construction activities shall begin until all traffic control devices, signs and barriers have been provided and approved by the Engineer.

Construction work on the project shall not commence until the construction signing and traffic barriers as described in the Contract Drawings have been installed and approved by the Engineer.

Particular care shall be taken to establish and maintain such methods and procedures that will not create hazards of an unusual nature. Miscellaneous construction activities needing temporary lane closures for access to the construction shall be done at the approval of the Engineer. Travel lane closures shall be allowed based solely on the discretion of the Engineer and with the presence of police detail officers as scheduled by the Contractor.

Access to abutting properties shall be maintained in a reasonable and safe manner for the duration of the construction period.

The Contractor shall carry on his/her work concurrently and in conjunction with the Utility

Companies involved with the project so as to provide for all possible cooperation towards the satisfactory completion of the work with minimal delay and inconvenience to the utility owners and the general public.

The Contractor shall order all materials and services required for the work immediately after the execution of the Contract. The Contractor shall not start any operation until all materials required for the operation are at the site or until the Engineer is satisfied that the materials will be delivered in such order that there will be no interruption to continuous and efficient progress.

SP-18

NOTICE TO OWNERS OF UTILITIES

Written notice shall be given by the Contractor to all public service corporations or officials owning or having charge of public or private utilities, of his/her intention to commence operations affecting such utilities at least one week in advance of the start of such operations. The Contractor shall at the same time file a copy of said notice with the Engineer.

Following are the names and addresses of the companies or agencies that may be affected, but the completeness of the list is not guaranteed:

Yarmouth DPW Director Yarmouth Dept. of Public Works (Water)

Attn: Jeff Colby Attn: Gary Damiecki

99 Buck Island Road 99 Buck Island Road

West Yarmouth, MA 02673 West Yarmouth, MA 02673

Telephone: 508-398-2231 Telephone: 508-771-7921

Eversource Electric National Grid (Gas)

Attn: Steven Owens Attn: Mellissa Owens, Richard Logue

247 Station Drive, NWBED 180 40 Sylvan Road, 3rd Floor- W3.244

Westwood, MA 02090 Waltham, MA 02451

Telephone: 508-441-5881 Telephone: 781-907-2845, 781-907-3155

Steven.owens@eversource.com Mellissa.owens@nationalgrid.com

Verizon Open Cape

Attn: Karen Mealey, Michael Kelly Attn: Garry Farrenkopf

385 Myles Standish Blvd. PO Box 1148

Taunton, MA 02780 Barnstable, MA 02630-2148

Telephone: 774-409-3160

Karen.m.mealey@verizon.com

Comcast

Cape Net LLC Attn: Wendy Brown

Attn: Shannon Silvas 676 Island Pond Rd, Manchester, NH 03109

1900 West Park drive, Suite 280 Telephone: 603-541-1082

Westborough, MA 01581 Wendy_Brown@comcast.com

Telephone: 508-774-5080

MassDOT – District 5 Utilities

Yarmouth DPW-Engineering Attn: Richard Bilski

Attn: Nick Aguiar Telephone: 508-884-4394

1146 Rte. 28 (town hall) Richard.Bilski@state.ma.us

South Yarmouth, MA 02664

Telephone: 508-398-2231 Ext. 1250 Yarmouth Police Department

Kevin Lennon

Additional Contact Information: Telephone 508-299-3175

Kal Boghdan klennon@yarmouth.ma.us

Yarmouth Police Department

Telephone 508-509-9171 mailto:Steven.owens@eversource.com mailto:Mellissa.owens@nationalgrid.com mailto:Karen.m.mealey@verizon.com mailto:William_Wasylak@comcast.com mailto:Richard.Bilski@state.ma.us mailto:klennon@yarmouth.ma.us

SP-19

PRECAUTIONS UNDER ELECTRIC LINES

The Contractor’s attention is directed to the AASHTO Guide on Occupational Safety on Highway

Construction Projects, Subpart N, 1926.550, relating to construction equipment clearances at overhead electric lines, which states in part “…the minimum clearance between the lines and any part of the crane or load must be at least ten feet from lines rated 50 KV or below, and greater distances for higher voltage…”.

The Contractor’s attention is directed to the close proximity and low elevation of overhead electric cables and telephone wires. For the protection of personnel and equipment, the Contractor shall be aware of this regulation especially during paving operations using large semi-trailer vehicles, pile driving, and erection of the bridge structural elements.

WORK DONE BY OTHERS

The respective utility companies will accomplish relocation and/or resetting to new grades of all private utilities, including utility poles, made necessary by the construction of this project. The private utility companies will complete any temporary relocation and new installation of their services.

The Town of Yarmouth will remove the park bench within the project limits.

DRAINAGE STRUCTURES

Where new pipe is shown on the drawings to be connected into an existing drainage structure to remain, the existing structure shall be first cleaned to remove all mud, debris and other material. The existing structure wall shall be carefully and neatly cut to provide the minimum size opening required for the insertion of the new pipe. The proposed pipe end shall be set and cut off flush with the inside face of the existing structure wall and the remaining space around the pipe completely filled with cement mortar for the full thickness of the structure wall.

No separate payment will be made for the cost of connecting new pipes into existing structures and necessary alterations of existing structures, but all cost in connection therewith shall be included in the Unit Prices Bid for the various pipe items.

The removal of debris in existing catch basins and manholes (both those to remain and those to be removed) will be paid for under Item 227.3 – Removal of Drainage Structure Sediment.

The removal of debris in existing pipes (both those to remain and those to be removed) will be paid for under Item 227.31 – Removal of Drainage Pipe Sediment.

CONNECTING TO EXISTING DRAINAGE PIPES

Where new structures shown on the plans are to connect to existing pipes to remain, the remaining pipe shall be cleaned from the new structure to the next structure downstream. Test pits to locate and survey the existing pipe shall be performed prior to ordering the structure. The existing pipe or pipes shall be carefully cut or removed to allow the installation of the new drainage system. The existing pipe shall be cut off flush with the inside face of the proposed structure wall and the remaining space around the pipe completely filled with the red brick set in cement grout for the full thickness of the structure wall.

SP-20

No separate payment will be made for the cost of connecting existing pipes to new structures, but all costs in connection therewith shall be included in the unit price bid for various structure items. I new pipe or pipe section are required to extend the existing line to and through the new structural wall, the new pipe will be paid for under the unit price per foot established under that item.

INSTALLATION OF DRAINAGE SYSTEMS

Where indicated on the Plans or as directed by the Engineer, existing pipe inverts shall be utilized as reference to establish proposed slope for the proposed pipe. The Contractor shall verify existing elevations.

New inverts for proposed catch basins and manholes shall be submitted to the Engineer for approval before installation.

The Contractor also may have to perform field investigation to confirm the configuration of the existing drainage system. The Engineer must approve the methods used to verify the drainage on the

Plans. These methods may include, but are not limited to, smoke and/or dye testing, test pits or another form of testing approved by the Engineer. Test pits shall be paid for under Item 141.1. Smoke or dye tests shall be considered as incidental to the various drainage Items.