605729 QuincySP.pdf

Massachusetts Department Of Transportation Highway Division Project File No. 605729

A00801 - 1

SPECIAL PROVISIONS

QUINCY

Federal Aid Project No. CM-002S(654)X Intersection and Signal Improvements at

Hancock Street and East/West Squantum Streets

Labor participation goals for this project shall be 15.3% for minorities and 6.9% 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.

SCOPE OF WORK

The work under this Contract consists of intersection and signal improvements to the Hancock Street and East/West Squantum Street intersection in Quincy. The work includes pavement milling and resurfacing of existing pavement, full depth construction at roadway widenings at the northwest and southeast corners of the intersection, cement concrete sidewalks, granite curb, full upgrade of the traffic signal systems at the intersections at Hancock Street/MBTA Driveway/Hunt Street, Hancock Street and East/West Squantum Street, and Hancock Street/Glover Street, installation of a pedestrian signal at the mid block crosswalk between McDonalds and North Quincy High School (just north of East/West Squantum Streets), video monitoring system at each of the four intersections, fiber optic installation, integration of the existing closed loop traffic signal software and the City Police Station video monitoring system, signal interconnection between all of the traffic signals shown in the plan, proposed landscape/streetscape along Hancock Street, lighting, minor drainage modifications, minor guardrail modifications, pavement markings, signing, the provision of safety controls and signing for construction operations and other incidental items included in the contract documents.

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 June 15, 2012, and the Interim Supplemental Specifications contained in this book; the 2012 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.

A00801 - 2

CONTRACTOR QUESTIONS AND ADDENDUM ACKNOWLEDGEMENTS

Prospective bidders are required to submit all questions to the Construction Contracts Engineer by 1:00 P.M. on the Thursday before the scheduled bid opening date. Any questions received after this time will not be considered for review by the Department.

Contractors should email questions and addendum acknowledgements to the following email address massdot-specifications@dot.state.ma.us. Please put the MassDOT project file number and municipality in the subject line.

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.

A00801 - 3

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

ENGINEERING DIRECTIVES

Contractors can access MassDOT, Highway Division Engineering Directives at:

http://www.massdot.state.ma.us/highway/publications.aspx

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).

A00801 - 4

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 811 or 1-888-344-7233.

NOTICE TO OWNERS OF UTILITIES

Written notice shall be given by the Contractor to all public service corporations or municipal and State officials owning or having charge of publicly or privately owned utilities of his intention to commence operations affecting such utilities at least one week in advance of the commencement of such operations. The Contractor shall, at the same time, file a copy of such notice with the Engineer.

Following are the names and phone numbers of the utilities and agencies presumed to be affected, but the completeness of the list is not guaranteed:

District Utility/Constructability Engineer MassDOT District 6 Mark Gravallese 781-431-5741

ELECTRIC (and Pole Set Responsibility) National Grid Thomas Capobianco 401-784-7248

GAS

National Grid Melissa Owens 781-907-2845

TELEPHONE

Verizon Karen Nunes 508-991-3522

WATER

Quincy Water & Sewer Dept. Peter Hoyt 617-376-1912 MWRA Ralph Francesconi 617-305-5827

SEWER

Quincy Water & Sewer Dept. Peter Hoyt 617-376-1912 MWRA Kevin McKenna 617-305-5956

RAILROAD

MBTA Ed Hunter 617-222-3118

A00801 - 5

NOTICE TO OWNERS OF UTILITIES (Continued)

CABLE

Comcast Jean MacLaren 603-695-1461 AT&T / TCG, c/o Siena Engineering David Edgar 781-221-8400

FIRE ALARM

Quincy Fire Alarm William Griffin 617-376-1020

DPW

Quincy City Engineer Shawn Hardy 617-376-1950 Commissioner of Public Works Daniel Raymondi 617-376-1959

OTHER

MCI Metro Access Stephen Parretti 508-248-1305 Lightower Mark Bonanno 508-616-7818 Veroxity Technology Partners,LLC Scott Harnois 978-264-6017

The following links should be used to verify the contacts:

Utilities can be accessed at: http://www.massdot.state.ma.us/ Select Quick Links Select Doing business with the Highway Division Select Design/Engineering Select Utility Contacts Select the District, Town, then locate the utility.

Town officials are shown at website http://www.mass.gov under the “For Government” tab, select “City/town official directory” under “online Services” heading. Enter Quincy on the left of the webpage and locate the official contact.

State Police are shown at website http://www.mass.gov by entering “Troop Boundaries” in the search box and selecting the resulting “Troop Boundaries” link. Select the area of jurisdiction to find the local station. State Police station jurisdiction affected by this project: Quincy.

The Contractor shall coordinate his/her work with the work required to be performed by any private utility owner for this project. No additional compensation or time extensions shall be allowed for delays as a result of work required to be performed by a private utility owner.

DESIGNER/PROJECT MANAGER

DESIGNER PROJECT MANAGER

Beta Group, Inc. MassDOT Kien Ho, P.E., PTOE David Shedd, Project Manager 781-255-1982 857-368-9329

A00801 - 6

PRESERVATION OF ROADSIDE GROWTH

(Section 8.08 shall be amended as follows)

The Contractor shall take all necessary care when excavating or working in the vicinity of existing trees so that the root systems, trunks, and branches are not damaged. All precautions shall be taken to insure that heavy equipment does not damage any roots, including those that lie below the limits of excavation.

Do not store equipment or stockpile materials within drip line of trees or in areas enclosed by tree protection fencing.

Avoid any direct soil contamination in root zone area by petroleum, petroleum products or solvents, salts or any other pollutant during construction.

All cutting or trimming of trees to be preserved shall be performed by a Massachusetts Certified Arborist. The Contractor shall provide the Engineer with a copy of the certification prior to any work on trees.

Individual trees close to construction may be protected using individual tree protection as specified under Item 102.51.

Trees that, in the judgment of the Engineer, have been irreparably damaged by the Contractor shall be replaced in kind and in size, or, with a quantity of 2 inch caliper replacement trees (the quantity of which shall be determined by the Engineer) such that the cumulative caliper of the replacement trees will be up to the equivalent of diameter of the lost tree at breast height. Cost of replacement trees shall be paid by the Contractor.

Cost of removal of destroyed tree, including roots and stump, as well as the cost of replacement trees, shall be paid for by the Contractor.

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.

A00801 - 7

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.

PROCEDURE FOR RELEASING AUTOCAD FILES TO THE GENERAL

CONTRACTOR

After the bid opening the low bidder may submit the Request for Release of MassDOT AutoCAD Files Form to the Highway Design Engineer. When the Highway Design Section has received both the AutoCAD files from the designer and the Request for Release of MassDOT AutoCAD Files Form from the Contractor, Highway Design will email the contractor a link through Dropbox.com with a reminder disclaimer of use (copy to Project Manager and District Construction Engineer).

A00801 - 8

HOLIDAY WORK RESTRICTIONS FOR CALENDAR YEAR 2014

(Supplementing Subsection 7.09)

The District Highway Director may authorize work to continue during these specified time periods if it is determined by the District that the work will not negatively impact the traveling public.

Below are the holiday work restrictions for the calendar year 2014:

New Years Day (Federal Holiday) Wednesday January 1, 2014:

No work on major arterial roadways from noon on Tuesday December 31, 2013 until the normal start of business on Thursday January 2, 2014. No work on local roadways on the holiday without permission by the DHD and the local police chief.

Martin Luther King's Birthday (Federal Holiday) Monday January 20, 2014:

No work restrictions due to traffic concerns however work on local roadways requires permission by the DHD and local police chief.

President's Day (Federal Holiday) Monday February 17, 2014:

No work restrictions due to traffic concerns however work on local roadways requires permission by the DHD and local police chief.

Evacuation Day (Suffolk County State Holiday) Monday March 17, 2014:

No work restrictions due to traffic concerns.

Patriot's Day (State Holiday) Monday April 21, 2014:

Work restrictions will be in place for Districts 3, 4 and 6 along the entire Boston Marathon route and any other locations that the District Highway Directors in those districts determine are warranted so as to not to impact the marathon.

All other districts work restrictions will be as per District Highway Director.

A00801 - 9

HOLIDAY WORK RESTRICTIONS FOR CALENDAR YEAR 2014 (Continued)

Memorial Day (Federal Holiday) Monday May 26, 2014:

No work on major arterial roadways from noon on Friday May 23, 2014 until the normal start of business on Tuesday, May 27, 2014.

Bunker Hill Day (Suffolk County State Holiday) Tuesday June 17, 2014:

No work restrictions due to traffic concerns.

Independence Day (Federal Holiday) Friday July 4, 2014:

No work on major arterial roadways from noon on Thursday July 3, 2014 until the normal start of business on Monday July 7, 2014.

Labor Day (Federal Holiday) Monday September 1 , 2014:

No work on major arterial roadways from noon on Friday August 29, 2014 until the normal start of business on Tuesday, September 2 , 2014.

Columbus Day (Federal Holiday) Monday October 13, 2014:

No work on major arterial roadways from noon on Friday October 10, 2014 until the normal start of business on Tuesday, October 1 4 , 2014. District Highway Director may allow work in those areas on a case by case basis and where work is behind barrier and will not impact traffic.

Veterans' Day (Federal Holiday) Tuesday November 11, 2014:

No work restrictions due to traffic concerns.

Thanksgiving Day (Federal Holiday) Thursday November 27, 2014:

No work on major arterials from noon on Wednesday November 26, 2014 until the normal start of business on the Monday December 1 , 2014.

Christmas Day (Federal Holiday) Thursday December 25, 2014:

No work on major arterial roadways from noon on Wednesday December 24, 2014 until the normal start of business on Friday December 26, 2014.

A00801 - 10

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 by the Massachusetts Invasive Plant Advisory Group, are introduced or moved around the site by construction activities either by improperly cleaned construction equipment or 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 moved 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.

MATERIALS REMOVED AND STACKED

Materials directed to be removed and stacked which are the property of the City of Quincy, shall be removed, transported to the DPW yard at 55 Sea Street and neatly stacked at a location designated by City DPW personnel.

Materials directed to be removed and stacked, which are privately owned, shall be removed and stacked on the property from which the materials were removed, or shall be removed, transported and stacked as directed by the Engineer.

Materials directed to be removed and stacked, which are the property of MassDOT, Highway Division, shall be removed, transported to, and stacked at the nearest State Maintenance Depot as directed by the Engineer.

If the Engineer determines that any part of the stacked materials are unsuitable for re-use by the City of Quincy, MassDOT, Highway Division, or if other owners decide to abandon part or all of their materials, such materials shall become the property of the Contractor and the Contractor shall dispose of them away from the site.

The contract prices for the various items shall include full compensation for the services noted above.

PAINTING OF BOLLARDS

All bollards used to protect transformers, including but not limited to, transformers located at North Quincy High School and Walgreens, shall be painted black. There shall be no additional compensation for this work.

A00801 - 11

MASSDOT HIGHWAY DIVISION CONSTRUCTION SECTION

SOP CSD 27-20-2-000 ATTACHMENT A

LANGUAGE FOR SUBCONTRACTOR COMPLETION

TO BE ADDED TO SUBCONTRACTOR APPROVAL PAPERWORK

Issued September 2, 2013

Consistent with the Special Provisions section titled Prompt Payment and Release of Retainage to Subcontractors and State and Federal prompt payment regulations; 49 CFR Part 26.29 and MGL Chapter 30, Section 39F, the Contractor and Subcontractor are reminded that upon successful completion of the Subcontractor's work, all retainage held by the Prime Contractor must be returned to the Subcontractor, regardless of the status of the contract work as a whole.

The Subcontractor must notify the Contractor and MassDOT in writing that the Subcontractor has completed all of its work scope and request a final inspection of the work and release of retainage.

The Contractor may, in turn, request in writing that the Department also conduct an inspection of the Subcontractor's work before the Contractor releases retainage to the Subcontractor. The request must include a certification by the Contractor that the Subcontractor's work is complete and in conformance with the terms and conditions of the MassDOT contract.

If the Contractor decides for any reason that the retainage should not be released to the Subcontractor, the Contractor must notify MassDOT in writing what those reasons are, in sufficient detail for MassDOT to determine whether the Contractor's decision is appropriate.

If the Department has held retainage on the Subcontractor's work, and the Contractor wishes to have the retainage released, the Contractor must submit in writing a request to MassDOT for inspection of the work and release of retainage on the Subcontractor's work. The request must include a certification by the Contractor that the Subcontractor's work is complete and in conformance with the terms and conditions of the MassDOT contract. Retainage released by MassDOT for a Subcontractor's completed work shall be promptly passed on to the Subcontractor in accordance with the Prompt Payment provisions.

Upon receipt of full payment by the Subcontractor, the Subcontractor shall promptly record in the EBO system that full payment has been received.

The Contractor and Subcontractor are directed to the following: Division I, Section 9.02 Scope of Payments, 2nd paragraph, which provides that the release of retainage shall not constitute acceptance of the work and that any defects found before the Final Acceptance of the work shall be corrected at no cost to the Department. Division I, Section 5.09 Inspection of Work, 7th paragraph, which provides that inspection of the work shall not relieve the Contractor of any obligations to fulfill the terms of the contract.

A00801 - 12

BIDDERS LIST

Pursuant to the provisions of 49 CFR Part 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

Contractors are required to promptly pay Subcontractors under this Prime Contract within ten

(10) business days from the receipt of each payment the Prime Contractor receives from MassDOT. Failure to comply with this requirement may result in the withholding of payment to the Prime Contractor until such time as all payments due under this provision have 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 no later than ten (10) business days after the Subcontractor has completed all of the work required under its subcontract.

A00801 - 13

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.

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:

A00801 - 14

SUBSECTION 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.

A00801 - 15

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.

A00801 - 16

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.

NOTIFICATION OF FUNDING SOURCES FOR WORK TO BE PAID BY OTHERS

This contract contains work that shall be paid by the City of Quincy. The said City shall be responsible for making direct payment to the contractor through a Non-Participating Agreement with MassDOT.

In addition, this contract has an agreement with the City of Quincy wherein the municipality may be responsible for the costs in excess of 10% of the contract bid price.

A00801 - 17

SUBSECTION 8.14 UTILITY COORDINATION, DOCUMENTATION, AND

MONITORING RESPONSIBILITIES

A. - GENERAL

In accordance with the provisions of Section 8.00 Prosecution and Progress, utility coordination is a critical aspect to this Contract. This section defines the responsibility of the Contractor and MassDOT, with regard to the initial utility relocation plan and changes that occur as the prosecution of the Work progresses. The Engineer, with assistance from the Contractor shall coordinate with Utility companies that are impacted by the Contractor’s operations. To support this effort, the Contractor shall provide routine and accurate schedule updates, provide notification of delays, and provide documentation of the steps taken to resolve any conflicts for the temporary and/or permanent relocations of the impacted utilities. The Contractor shall provide copies to the Engineer of the Contractor communication with the Utility companies, including but not limited to:

• Providing advanced notice, for all utility-related meetings initiated by the Contractor.

• Providing meeting minutes for all utility-related meetings that the Contractor attends.

• Providing all test pit records.

• Request for Early Utility work requirements of this section (see below).

• Notification letters for any proposed changes to Utility start dates and/or sequencing.

• Written notification to the Engineer of all apparent utility delays within seven (7)

Calendar Days after a recognized delay to actual work in the field – either caused by a Utility or the Contractor.

• Any communication, initiated by the Contractor, associated with additional Right-of-Way needs in support of utility work.

• Submission of completed Utility Completion Forms.

B. - PROJECT UTILITY COORDINATION (PUC) FORM

The utility schedule and sequence information provided in the Project Utility Coordination Form (if applicable) is the best available information at the time of the bid and has been considered in setting the contract duration. The Contractor shall use all of this information in developing the bid price and the Baseline Schedule Submission, inclusive of the individual utility durations sequencing requirements, and any work that has been noted as potentially concurrent utility installations.

C. -INITIATION OF UTILITY WORK

The Engineer will issue all initial notice-to-proceed dates to each Utility company based on either the:

1) Contractor’s accepted Baseline Schedule

2) An approved Early Utility Request in the form of an Early Utility sub-net schedule (in accordance with the requirements of this Subsection)

3) An approved Proposal Schedule

A00801 - 18

SUBSECTION 8.14 (Continued)

C.1 - BASELINE SCHEDULE – UTILITY BASIS

The Contractor shall provide a Baseline Schedule submission in accordance with the requirements of Subsection 8.02 and inclusive of all of the information provided in the PUC Form that has been issued in the Contract documents. This is to include the utility durations, sequencing of work, allowable concurrent work, and all applicable considerations that have been depicted on the PUC Form.

C.2 – EARLY UTLITY REQUEST – (aka SUBNET SCHEDULE) PRIOR TO THE

BASELINE

All early utility work is defined as any anticipated/required utility relocations that need to occur prior to the Baseline Schedule acceptance. In all cases of proposed early utility relocation, the Contractor shall present all known information at the pre-construction conference in the form of a ‘sub-net’ schedule showing when each early utility activity needs to be issued a notice-to-proceed. The Contractor shall provide advance notification of this intent to request early utility work in writing at or prior to the Pre-Construction meeting. Prior to officially requesting approval for early utility work, the Contractor shall also coordinate with MassDOT and all utility companies (private, state or municipal) which may be impacted by the Contract. If this request is acceptable to the Utilities and to MassDOT, the Engineer will issue a notice-to-proceed to the affected Utilities, based on these accepted dates.

C.3 – PROPOSAL SCHEDULE - CHANGES TO THE PUC FORM

If the Contractor intends to submit a schedule (in accordance with MassDOT Standard Specifications, Division I, Subsection 8.02) that contains durations or sequencing that vary from those provided in the Project Utility Coordination (PUC) Form, the Contactor must submit this as an intended change, in the form of a Proposal Schedule and in accordance with MassDOT Standard Specifications, Division I, Subsection 8.02. These proposed changes are subject to the approval of the Engineer and the impacted utilities, in the form of this Proposal Schedule and a proposed revision to the PUC form. The Contractor shall not proceed with any changes of this type without written authorization from the Engineer, that references the approved Proposal Schedule and PUC form changes. 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. 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.

D. – UTILITY DELAYS

The Contractor shall notify the Engineer upon becoming aware that a Utility owner is not advancing the work in accordance with the approved utility schedule. Such notice shall be provided to the Engineer no later than seven (7) calendar days after the occurrence of the event that the Contractor believes to be a utility delay. After such notice, the Engineer and the Contractor shall continue to diligently seek the Utility Owner’s cooperation in performing their scope of Work.

A00801 - 19

In order to demonstrate that a critical path delay has been caused by a third-party Utility, the Contractor must demonstrate, through the requirements of the monthly Progress Schedule submissions and the supporting contract records associated with Subsection 8.02, 8.10 and 8.14, that the delays were beyond the control of the Contractor.

All documentation provided in this section is subject to the review and verification of the Engineer and, if required, the Utility Owner. In accordance with MassDOT Specifications, Division I, Subsection 8.10, a Time Extension will be granted for a delay caused by a Utility, only if the actual duration of the utility work is in excess of that shown on the Project Utility Coordination Form, and only if;

1) proper Notification of Delay was provided to MassDOT in accordance with the time requirements that are specified in this Section

2) the utility delay is a critical path impact to the Baseline Schedule (or most recently approved Progress Schedule)

E. - LOCATION OF UTILITIES

The locations of existing utilities are shown on the Contract drawings as an approximation only.

The Contractor shall perform a pre-construction utility survey, including any required test pits, to determine the location of all known utilities no later than thirty (30) calendar days before commencing physical site work in the affected area.

F. - POST UTILITY SURVEY – NOTIFICATION

Following completion of a utility survey of existing locations, the Contractor will be responsible to notify the Engineer of any known conflicts associated with the actual location of utilities prior to the start of the work. The Engineer and the Contractor will coordinate with any utility whose assets are to be affected by the Work of this Contract. A partial list of utility contact information is provided in the Project Utility Coordination Form.

G. - MEETINGS AND COOPERATION WITH UTILITY OWNERS

The Contractor shall notify the Engineer in advance of any meeting they initiate with a Utility Owner’s representative to allow MassDOT to participate in the meeting if needed.

Prior to the Pre-Construction Meeting, the Contractor should meet with all Utility Owners who will be required to perform utility relocations within the first 6 months of the project, to update the affected utilities of the Project Utility Coordination Form and all other applicable Contract requirements that impact the Utilities. The Contractor shall copy the Engineer on any correspondence between the Utility Owner and the Contractor.

A00801 - 20

H. - FORCE ACCOUNT / UTILITY MONITORING REQUIREMENTS

The Engineer will be responsible for recording daily Utility work force reports. The start, suspension, re-start, and completion dates of each of the Utilities, within each phase of the utility relocation work, will be monitored and agreed to by the Engineer and the Contractor as the work progresses.

I. - ACCESS AND INSPECTION

The Contractor shall be responsible for allowing Utility owners access to their own utilities to perform the relocations and/or inspections. The Contractor shall schedule their work accordingly so as not to delay or prevent each utility from maintaining their relocation schedule.

A00801 - 21

ITEM 100. SCHEDULE OF OPERATIONS – FIXED PRICE $36500 LUMP SUM

The work under this item shall conform to the relevant provisions of Section 8.00 and Subsection

8.02 of the Standard Specifications, revised as follows, the Plans, and the following:

8.02 Schedule of Operations - Type 3 ($1,000,000 - $10,000,000)

A. General Requirements

For Definition of Terms, see Subsection 8.02.B.

This Contract requires that a schedule control program be instituted by the Contractor to create a construction schedule that tracks and documents the progress of the Work from Notice to Proceed (NTP) through Final Acceptance.

This program requires the following schedule submittals to be made by the Contractor:

• Contract Progress Schedules

• Short-Term Construction Schedules

• Summary Contract Progress Schedules

• Time Entitlement Analyses

• Recovery Schedules

The Contractor shall use computer software capable of preparing, statusing and revising Critical Path Method (CPM) schedules using precedence diagramming methods as approved by the Engineer.

The software shall be capable of printing activity reports and plotting CPM time-scaled logic diagrams, both of which shall be sortable by structures, facilities, subcontractors, submittals, deliveries, change orders and any other critical features of the Contract.

Within seven (7) Calendar Days after NTP, the Contractor shall submit to the Engineer sufficient information demonstrating that the CPM software it proposes to use on the Contract is fully capable of producing the specified schedules and tracking tools. The Engineer shall notify the Contractor in writing within seven (7) Calendar Days after receipt of the Contractor's notification on software (within fourteen (14) Calendar Days after NTP) if there are any objections to the CPM software selected.

The Basis of Payment for this work is shown in Subsection 8.02.F.

A00801 - 22

ITEM 100. (Continued)

B. Definition of Terms

Activity - An element in the Contract Progress Schedule describing a discrete part of the Work and establishing the time required for completing that part of the Work.

Baseline Contract Progress Schedule - The initial version of the Contract Progress Schedule, accepted by the Department, with or without comments, and showing the Contractor's plan for completion of the Work within the Contract Time in effect at the start of the Contract.

Calendar Day - Any day of the year, regardless of whether or not work is performed by the Contractor, which day of the week on which it falls, or whether or not it is a holiday.

Critical Path - Any continuous sequence of activities in the Contract Progress Schedule that controls achievement of a Contract Milestone and/or the Contract Completion Date.

Construction Schedule - The Schedule which shows the Contractor's approach to planning, scheduling, and execution of the Work, referred to herein as the Contract Progress Schedule.

Contract Milestone - A Contract Milestone is a significant and key instant of time with a zero (0) duration that highlights progress made on the project. Contract Milestones are specified in Subsection 8.03 - Prosecution of Work or elsewhere in the Contract Documents.

Contract Progress Meeting - A weekly or every other week schedule meeting to review the progress on the Short-Term Construction Schedule, including, but not limited to, the actual completion percentage, a comparison of actual dates with early dates, and any additional information deemed pertinent for a full and complete discussion of the Short-Term Construction Schedule. See also Subsection 8.02.E.6.

Contract Progress Schedule - The Contract Progress Schedule shows how the Work is to be completed from Notice to Proceed through Final Acceptance. Contract Progress Schedules may be Baseline, Revised, or Statused versions. See also Subsections 8.02.E.3 - 5.

Contract Progress Schedule of Record - The Contract Progress Schedule of Record is the latest Contract Progress Schedule accepted by the Engineer and is the official schedule of the project.

CQE - Contract Quantity Estimate or pay estimate that occurs every two (2) weeks. Also known as the progress payment.

CPM - Critical Path Method is a computerized construction project planning and scheduling process where a construction project schedule’s critical path is the longest chain or path of activities leading to project completion.

Delays - Any slippage of the Early Dates in the Contract Progress Schedule which forecast a slippage in the Contract Milestone and/or the Contract Completion Date.

A00801 - 23

Early Completion Schedule - A CPM schedule showing completion of the Work ahead of the Contract Completion Date specified in Subsection 8.03 - Prosecution of Work or elsewhere in the Contract Documents.

Early and Late Dates - Early start or completion times and late start or completion times for the performance of activities in the Contract Progress Schedule.

Extra Work Order. A Contract Modification adding money and associated necessary time to the Contract. See also Subsection 8.10.B.1.

Final Acceptance - Full and complete satisfaction of the Contract Requirements, consisting of completion and acceptance of all physical work and submission and acceptance of all contractually-required reports and other documentation. See also Subsection 5.11.

Float - Float shall be defined as the amount of time between when an activity can start or finish (Early Start or Early Finish Date) and when an activity must start or finish (Late Start or Finish Date.) Float is further defined as the amount of time any given activity or path of activities may be delayed before it will affect the Contract Time. Float belongs to the project and is a shared commodity between the Department and the Contractor and is not for the exclusive use or benefit of either party. Either party has full use of the float until it is depleted.