608707 SP.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 610674-123895

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DOCUMENT A00801

SPECIAL PROVISIONS

NEWTON

Federal Aid Project No. CMQ-003S(686)X

Reconstruction of Commonwealth Avenue (Route 30), from East of Auburn Street to Ash Street

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 purpose of this project is to provide the following:

Provide a trail connection for pedestrians and bicyclists along the Commonwealth Avenue Carriageway (Carriageway). These proposed trail improvements are part of a Complete Streets plan for the City of Newton.

• Redirect all non-local vehicular travel from the Carriageway to the main corridor,

• Increase safety and provide greenspace, trails, and other amenities,

• Offer a connection between the City of Newton and the Town of Weston

• Construct a two-way cycle track would be provided along the north side of the roadway within the project limits.

The project includes the following:

• Carriageway work to provide local vehicular access to the Lyons Field and residential roadways between Ash Street and Islington Road.

• Cold-in-place recycling (CIR) of hot mix asphalt (HMA) along Route 30 with additional full depth reconstruction along the carriageway and sides streets.

• Drainage upgrades including a biofilter swale to facilitate runoff from the proposed bicycle lane.

• Raised pedestrian crossings will be proposed at the intersection of the bicycle lane and pedestrian sidewalk and the side streets.

• Install Rectangular Rapid Flashing Beacon (RRFB) across Route 30 where side streets meet.

This project will connect into the Massachusetts Department of Transportation (MassDOT) 110980 Route 30 Over the Charles River bridge reconstruction project currently in the design phase.

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SCOPE OF WORK (Continued)

All work under this Contract shall be done in conformance with the 2023 Standard Specifications for Highways and Bridges, the Supplemental Specifications contained in this book, the 2017 Construction Standard Details, the Traffic Management Plans and Detail Drawings, MassDOT Work Zone Safety Temporary Traffic Control, the 1990 Standard Drawings for Signs and Supports; the 2015 Overhead Signal Structure and Foundation Standard Drawings, the 2009 Manual on Uniform Traffic Control Devices (MUTCD) with Massachusetts Amendments; the 1968 Standard Drawings for Traffic Signals and Highway Lighting; The American Standard for Nursery Stock; the Plans and these Special Provisions.

SUBSECTION 7.05 INSURANCE REQUIREMENTS

B. Public Liability Insurance

The insurance requirements set forth in this subsection are in addition to the requirements of the Standard Specifications and supersede all other requirements.

Paragraphs 1 and 2

The Massachusetts Department of Transportation and applicable railroads shall be named as additional insureds.

Paragraph 4

Asbestos Liability Insurance shall be obtained for this project. The Contractor and the Massachusetts Department of Transportation shall be named as additional insureds.

CONTRACTOR QUESTIONS AND ADDENDUM ACKNOWLEDGEMENTS

Prospective bidders are required to submit all questions to the Construction Contracts Engineer by 3:00 P.M. on the Tuesday of the previous week 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 massdotspecifications@dot.state.ma.us The MassDOT project file number and municipality is to be placed in the subject line.

PROPRIETARY PRODUCTS

A letter discussing [Item 707.1 Park Bench] as a proprietary specification pursuant to M.G.L. c.

30, § 39M(b) has been filed with MassDOT.

mailto:MassDOTSpecifications@dot.state.ma.us

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NOTIFICATION OF FUNDING SOURCES FOR WORK TO BE PAID BY OTHERS

This contract has an agreement with the City of Newton; whereas when the construction costs for the contract scope exceed the total participating contract bid price by more than ten percent (10%), the City shall be responsible for the amount over 110% of the total participating contract bid price.

CITY OF NEWTON DEPARTMENT OF PUBLIC WORKS

Frames and covers identified for salvage shall be transported to the City of Newton Department of Public Works – Utiliites Division, 60 Elliot Street, Newton, MA 02461. The cost of transportation and municipal coordination will be incidental to the pertinent item.

HOLIDAY WORK RESTRICTIONS

(Supplementing Subsection 7.09)

The District Highway Director (DHD) 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. DHD may allow work in those areas on a case by case basis and where work is behind barrier and will not impact traffic

Below are the holiday work restrictions:

New Year’s Day (Federal Holiday) No work on major arterial roadways from 5:00 AM on the day before until the normal start of business on the next subsequent business day. 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) 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) 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) No work restrictions due to traffic concerns.

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HOLIDAY WORK RESTRICTIONS (Continued)

Patriot's Day (State Holiday) Work restrictions will be in place for Districts 3 and 6 along the entire Boston Marathon route and any other locations that the DHD in those districts determine are warranted so as to not to impact the marathon. All other districts work restrictions will be as per DHD.

Mother’s Day No work on Western Turnpike and Metropolitan Highway System from 5:00 AM on the Friday before, until the normal start of business on the following day.

Memorial Day (Federal Holiday) No work on major arterial roadways from 5:00 AM on the Friday before, until the normal start of business on the following day.

Bunker Hill Day (Suffolk County State Holiday) No work restrictions due to traffic concerns.

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

Independence Day (Federal Holiday) No work on major arterial roadways from 5:00 AM on the day before until the normal start of business on the next subsequent business day. No work on local roadways on the holiday without permission by the DHD and the local police chief.

Labor Day (Federal Holiday) No work on major arterial roadways from 5:00 AM on the Friday before, until the normal start of business on the following day.

Columbus Day (Federal Holiday) No work on major arterials from 5:00 AM on the Friday before, until the normal start of business on the following day

Veterans' Day (Federal Holiday) No work restrictions due to traffic concerns.

Thanksgiving Day (Federal Holiday) No work on major arterials from 5:00 AM two days before until the normal start of business on the following Monday.

Christmas Day (Federal Holiday) No work on major arterial roadways from 5:00 AM on the day before until the normal start of business on the next subsequent business day.

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NORTHERN LONG-EARED BAT PROTECTION

The U.S. Fish and Wildlife Service (USFWS) has listed the northern long-eared bat (NLEB) as threatened under the Endangered Species Act (ESA) and the following requirements exist to protect the bat and its habitat. This project has been consulted with the USFWS through the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA) Programmatic Biological Opinion for Transportation Projects in the Range of the Indiana Bat and Northern Long-Eared Bat revised February 5, 2018.

On behalf of FHWA, the lead federal agency for Section 7 consultation, MassDOT submitted a FHWA, FRA, FTA Programmatic Consultation for Transportation Projects affecting NLEB or Indiana Bat to the USFWS through the Information for Planning and Consultation (IPaC) webpage and generated a may affect, is likely to adversely affect (LAA) consistency letter and USFWS provided concurrence of this determination (see Document USFWS LAA). Therefore, the project has completed Section 7 consultation through the ESA. The following Avoidance and Minimization Measures (AMMs) must be strictly adhered to in order to protect NLEB and to be in compliance with the ESA. Contact MassDOT Environmental Services - Wildlife Unit Supervisor for questions about project limits, restrictions, or conservation measures.

General AMM

• The Contractor shall ensure all personnel working in on the project site are aware of all environmental commitments related to NLEB, including all applicable AMMs. NLEB Bat information (https://www.fws.gov/midwest/endangered/mammals/nleb/) shall be made available to all personnel.

Lighting AMMs

• Direct temporary lighting away from suitable habitat during the active season: April 1 to

October 31.

https://www.fws.gov/midwest/endangered/mammals/nleb/

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SECTION 6.00: CONTROL OF MATERIALS

Subsection 6.01: Source of Supply and Quality Replace this subsection with the following:

The Engineer may approve material at the source of supply before delivery to the project.

The Department reserves the right to require approval of the source of supply for any material to be incorporated into the work prior to delivery or manufacture.

The Engineer reserves the right to prohibit the use of materials, products, or components which, in their opinion, may be supplied in a manner not reasonably consistent with contract requirements.

The determination of the Engineer shall be final upon all questions which pertain to supplier approval.

Fabricators of structural steel, miscellaneous steel and aluminum products, and producers of precast concrete and prestressed concrete must be on the Department's approved fabricators list on the date the bids are opened. Only approved fabricators will be allowed to perform work for the Department.

The Contractor shall furnish all materials required for the work specified in the Contract. Said materials shall meet the requirements of the specifications for the kind of work involving their use. For any materials named or described in these specifications, an approved equivalent to that named or described in the said specifications, may be furnished.

Chapter 7, Section 22, Clause 17, of the General Laws, as amended, shall apply to the purchase by the Contractor of supplies and materials to be used in the execution of this Contract.

The rules referred to require a preference in the purchase of supplies and materials, other considerations being equal, in favor first, of supplies and materials manufactured and sold within the Commonwealth, and second, of supplies and materials manufactured and sold within the United States.

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SECTION 6.00 (Continued)

All iron and steel products, manufactured products, and construction materials shall comply with all Federal Buy America and Federal Build America Buy America (BABA) requirements, where applicable.

In Contracts requiring structural steel, precast, or prestress concrete, the Contractor shall furnish approved shop drawings, and fabrication procedures to the Department’s inspector at the supply source or fabrication site. Materials for permanent construction shall be new, shall conform to the requirements of these specifications, and shall be approved by the Engineer.

Materials for temporary structures or supports adjacent to traveled ways, the failure of which would compromise the safety of the public or the traveled ways, need not be new but the Contractor shall be required to submit certification by a Structural Professional Engineer that the material meets the requirements for the intended use and shall be approved by the Engineer. Any fabrication shall conform to the requirements of these specifications. These requirements shall not apply to gantry systems and supports as well as other mechanized systems.

If testing finds that an approved supplier does not furnish a uniform product, or if the product from such source proves unacceptable at any time, the Contractor shall, at their own expense, take any and all steps necessary to furnish approved materials.

The Contractor shall submit to the Department for approval a notarized Certificate of Compliance (COC) from the Manufacturer or Supplier for each kind of manufactured or fabricated material furnished.

The COC shall certify compliance with the specifications and shall contain the following information:

1. Contract Number, City or Town, Name of Road and Federal Aid Number;

2. Name of the Contractor to which the material is supplied;

3. Kind of material supplied;

4. Quantity of material represented by the certificate;

5. Means of definitively identifying the consignment, such as invoice number, lot number, bill of lading number, label, marking, etc.;

6. Date and method of shipment;

7. Statement indicating that the material has been tested and found in conformity with the pertinent parts of the Contract;

8. Statement indicating that the material meets the requirements of Buy America and

BABA, where applicable;

9. Results of all required tests including the chemical analysis in the case of metal: or in lieu of furnishing the results a statement that results of all required tests pertinent to the certificate and not submitted shall be maintained available by the undersigned for a period of not less than three years from date of final acceptance or not less than three years from date of final payment (whichever period is the longest shall apply).

10. Signature of a person having legal authority to bind the supplier.

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SECTION 6.00 (Continued)

These COCs shall be delivered to the contract site at the same time that the materials are delivered and before such materials are incorporated into the work. The Contractor shall attach to the COC a document listing the contract bid item number(s), sub item(s), or lump sum breakdown item number(s), as applicable, under which the material will be compensated.

Payment for the item in which the materials are incorporated may be withheld until these COCs are received in a form that meets the contract requirements.

If the Contractor has new materials purchased for use on a previous Department Contract which have never been used and which comply with the specifications, these materials may be furnished and used. The Contractor shall submit their own sworn statement certifying that such materials were purchased for use on a previous Contract (naming and identifying such Contract) and shall attach the original COC.

Any cost involved in furnishing the certificate shall be borne by the Contractor.

Subsection 6.03: Delivery and Storage of Materials Replace this Subsection with the following:

Materials and equipment shall be progressively delivered to or removed from the site so that there will be neither delay in the progress of the work nor an accumulation of materials that are not to be used or removed within a reasonable time. All materials shall be stored in pre-approved locations per the conditions of the property owner.

Delivered materials and materials originating from the site, shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection.

Approved portions of the State Highway Layout (SHLO) may be used for storage of project materials and for the placing of the Contractor's plant and equipment upon obtaining a state highway access permit. All storage sites shall be restored to their original condition by the Contractor. No additional compensation shall be given for the design, construction, preparation, or restoration of the storage site(s) or obtaining the access permit which may include but is not limited to a Traffic Management Plan (TMP), utilities, and lighting.

The application for a permit shall contain a locus map identifying the proposed location, a description of the specific activities and uses of the staging area, a TMP in accordance with Subsection 7.10 depicting minimum setbacks from the roadway and any existing structures for stored materials and equipment and how equipment will safely access and exit the staging area.

Any additional space required must be provided by the Contractor at their expense. Municipal, private, or other state-owned property shall not be used for storage purposes without written permission of the owner or lessee, and copies of such written permission shall be furnished to the Engineer.

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SUBSECTION 5.06 ADJACENT CONTRACTS

Supplementing Subsection 5.06 Adjacent Contracts, the Contractor is further notified that additional coordination may be required between this project and concurrent MassDOT projects adjacent to or within the project limits. These projects may include but are not limited to P110980. The Contractor shall commence the work in accordance with the provisions of Subsection 5.06 and as directed by the Engineer.

WORK SCHEDULE

All work on roadways shall be performed during normal work hours. The work shall be done on an 8-hour day, 5-day week (Monday through Friday) between the hours of 7:00 AM and 3:30 PM with the prime Contractor and all Subcontractors working on the same shift. The Contractor must always maintain access to adjacent properties.

No work on roadways shall be done on this contract on Saturdays, Sundays, or holidays.

ENVIRONMENTAL PERMITS

Environmental permits have not been obtained, as no work (either temporary or permanent) is proposed to occur in water or wetland resource areas. If Contractor erection, demolition, storage, or other procedures require work to occur in or otherwise impact water, wetland resource areas, buffer zones, etc., the Contractor is advised that no associated work can occur until all required environmental permits have been obtained. The Contractor must notify the District 6 Highway Director and Resident Engineer in writing at least 60 days prior to desired commencement of the proposed activity. All environmental submittals, including any contact with Local, State, or Federal environmental agencies, must be coordinated through the District 6 Environmental 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 Department will not entertain a delay claim due to the time required to obtain the environmental permits. As a supplement to Section 7.00 of the Standard Specifications, the Contractor is reminded that no debris of any type shall be allowed to enter water or wetland resource areas, either temporarily or permanently.

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NOTICE TO OWNERS OF UTILITIES

(Supplementing Subsection 7.13)

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.

Any required de-energizing or the overhead electric utilities shall be coordinated directly with the affected utility company and must occur in the spring or fall and only for a duration of up to 6 hours.

Following are the names of owners and representatives of the principal utilities affected, but completeness of the list is not guaranteed by the Department:

District 6 Utility/ Constructability Engineer Ruben Diaz Jr.

857-368-6184 Ruben.X.Diaz@dot.state.ma.us

Electric (Newton Pole Set Responsibility) Telephone (Newton Pole Set Responsibility) Terence Doonan Karen Mealey Eversource Electric “A” Verizon 1165 Massachusetts Ave 385 Myles Standish Blvd.

Dorchester, MA 02125 Taunton MA 02780 617-541-5714 774-409-3160 terence.doonan1@eversource.com karen.m.mealey@verizon.com

Gas Gas Melissa Owens Kathy M. Aruda National Grid Gas Enbridge 40 Sylvan Road 8 Wilson Way Waltham, MA 02451 Westwood, MA 02090 781-907-2845 508-938-7728 Melissa.Owens@nationalgrid.com kathleen.aruda@enbridge.com

Newton Water & Sewer AT&T Thomas Fitzgerald Erica Hudson Newton DPW – Utilities Division AT&T 1000 Commonwealth Ave. 50 Mall Road – Suite 203 Newton Centre, MA 02067 Burlington, MA 01803 617-796-1040 tfitzgerald@newtonma.gov erica.hudson@sienaengineeringgroup.com mailto:Joseph.K.Doucette@dot.state.ma.us mailto:terence.doonan1@eversource.com mailto:karen.m.mealey@verizon.com mailto:Melissa.Owens@nationalgrid.com mailto:kathleen.aruda@enbridge.com mailto:tjerdee@newtonma.gov mailto:erica.hudson@sienaengineeringgroup.com

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NOTICE TO OWNERS OF UTILITIES

Cable

Wendy Brown Mark Bonanno Comcast Cable Corporation Crown Castle PO Box 6505, Omni Way 80 Central Street Chelmsford, MA 01824 Boxborough, MA 01719 978-848-5163 508-616-7818

Wendy_brown@comcast.com mark.bonanno@crowncastle.com

Cable Cable Stephen Parretti Bechir Khoury MCI – Verizon Business Eversource Fiber P.O. Box 600 247 Station Drive Charlton, MA 01507 Westwood, MA 02090 508-248-1305 781-441-3864 Stephen.parretti@verizon.com bechir.khoury@eversource.com

Newton DPW Lou Taverna Newton DPW – Engineering Division 1000 Commonwealth Ave.

Newton Centre, MA 02459 617-796-1020 ltaverna@newtonma.gov

Newton Fire Alarm & Wires Glenn Manning Newton Fire Alarm & Wires 1164 Centre Street Newton Centre, MA 02549 617-796-2256 gmanning@newtonma.gov

Erica Hudson AT&T / Teleport Communications America, c/o Siena 50 Mall Road, Suite 203 Burlington, MA 01803 781-221-8400 x7038

Erica.hudson@sienaegnineeringgroup.com

Alex Ortiz

Astound by RCN 956 Massachusetts Avenue Arlington, MA 02476 781-316-8878

Alex.ortiz@astound.com mailto:Wendy_brown@comcast.com mailto:mark.bonanno@crowncastle.com mailto:Stephen.parretti@verizon.com mailto:farzin.tahmasbi@eversource.com mailto:ltaverna@newtonma.gov mailto:gmanning@newtonma.gov mailto:Erica.hudson@sienaegnineeringgroup.com mailto:Alex.ortiz@astound.comnet

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NATIONAL GRID EMERGENCY TELEPHONE NUMBERS

GAS:

Emergency: 1-800-233-5325 New Service: 1- 877-696-4743 Customer Support: 1-800-732-3400

ELECTRIC:

Outage/ Emergency: 1-800-465-1212 New Service: 1-800-375-7405 Customer Support: 1-800-322-3223

EVERSOURCE EMERGENCY TELEPHONE NUMBERS

GAS:

Outage/ Emergency: 800-592-2000 New Service: 866-678-2744 Customer Support: 800-592-2000

ELECTRIC:

Outage/ Emergency: 800-592-2000 or 844-726-7562 New Service: 1-888-633-3797 (1-888-need pwr) Customer Support: 1-800-340-9822

EMERALD ASH BORER ADVISORY

To the extent possible, all trees and brush shall be disposed on site, typically chipped and spread in place. When trees or brush must be removed, such as in urban, or otherwise populated areas, Contractor shall identify proposed location for disposal, and provide written notification to the Engineer for approval. Disposal shall be in city or town of project, or at minimum, within county, of construction operations.

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EQUIVALENT SINGLE AXLE LOADS (ESALS)

The estimated traffic level to be used for SUPERPAVE HMA mixture designs for this contract, expressed in Equivalent Single Axle Loads (ESALs) for the design travel lane over a 20-year period, is 2.5 Million 18-kip (80-kn) ESALs.

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.

BUILD AMERICA BUY AMERICA PREFERENCE

On Federally-aid projects the Buy America (23.CFR § 635.410) and Build America, Buy America Act (Pub. L. No. 117-58, §§ 70901-52). requires the following,

(1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States. Foreign steel and iron can be used if the cost of the materials does not exceed 0.1% of the total Contract cost or $2,500, whichever is greater. The action of applying a coating to a covered material (i.e., steel and iron) is deemed a manufacturing process subject to Buy America. Coating includes epoxy coating, galvanizing, painting and any other coating that protects or enhances the value of a material subject to requirements of Build America, Buy America. Steel used for temporary support of excavation, including H piles, soldier piles, and sheeting when the steel is required to be left in place is subject to requirements of Build America, Buy America. Temporary steel, shall remain in place when it falls within the influence zone of the soil supporting any structure or railroad tracks.

(2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

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BUILD AMERICA BUY AMERICA PREFERENCE (Continued)

(3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

“Construction materials” includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials;

aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of:

• non-ferrous metals,

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables),

• glass (including optic glass),

• lumber; or

• drywall.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

NOTE: The requirements for manufactured products indicated in paragraph (2) above are not in effect for this contract.

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VALUE ENGINEERING CHANGE PROPOSAL

This Subsection defines the conditions and requirements which apply to Value Engineering Change Proposals (“VECPs”). The purpose of this provision is to encourage the Contractor to propose changes in certain project requirements that will maintain the project’s functional requirements at a savings in contract time, contract price, or both. The net savings obtained by using a VECP that meets the conditions and requirements set forth here will be shared by the Contractor and MassDOT.

VECP’s under this provison are to be initiated, developed and submitted to MassDOT by the Contractor. The VECP must show the contemplated changes to the Drawings, Specifications and other requirements in the Contract. When a VECP submitted pursuant to this section is fully accepted by MassDOT, the VECP will be implemented by the Contractor and paid using the current cost and resource loaded schedule. Contractor shall demonstrate that the VECP is equal to, or better than, the original design or material; that there is an interest in public safety within the VECP; that there is a life-cycle cost benefit; and/or that end users will benefit from the shortened schedule. VECPs shall be consistent with the MassHighway/MassDOT Standard Specifications for Highways and Bridges and other applicable reference documents and directives. Any proposed deviation from these documents will need to be clearly identified in the VECP Proposal Documents, and must be approved by MassDOT’s Chief Engineer before accepting this VECP.

A. In order to be considered for MassDOT review each VECP shall:

1. Be clearly labeled pursuant to this Subsection;

2. Yield a net savings at least two hundred and fifty thousand (250,000.00) Dollars and/or a net saving of contract completion duration of at least three (3) months;

3. The proposed changes to contract items must:

a. maintain the specified items’ required functions (service life, reliability);

b. meet applicable safety regulations and codes;

c. material substitutions must be in accordance with DOT prequalified/preapproved products and must be tested in accordance with standard material specs/testing methods ( and considering all relevant environmental, load, and other relevant factors);

d. show economy of operation, ease of maintenance, ease of construction, and necessary standardized features and appearance; and

4. Shall not require an extension of Contract Time or Contract Milestones, with the exception of cases when there are anticipated significant cost saving.

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VALUE ENGINEERING CHANGE PROPOSAL (Continued)

The thresholds above are considered to be a general guideline. MassDOT will consider VECPs outside of these thresholds if a significant benefit is demonstrated. Additionally, notwithstanding this VECP process, MassDOT will consider minor revisions in the form of a Contract Modification.

Further, any VECP submitted shall be in sufficient detail to clearly define the proposed change.

The Contractor's failure to provide information of the type, detail and in a format to facilitate the MassDOT's review, may be grounds for rejection of the VECP. Additionally, the Contractor will not be entitled to any equitable adjustment or increased Time, due to any aspect of any of the proposed VECP including permitting, right of way, utility coordination or delayed responses by MassDOT. If, after the progression of the work associated with the executed Contract Modification for the VECP, any additional costs are realized by the Contractor or any of the sub-consultants, sub-contractors, or suppliers, the Contractor shall be obligated to pay for any and all costs.

B. The following initial items shall be provided by the Contractor for MassDOT’s review.

Items 1-6 need to be submitted prior to the start of MassDOT’s review of the VECP and item 7 is an important consideration for the pricing of the VECP and the timeline of the proposed VECP schedule.

1. VECP Description: A description of the difference between the existing and the proposed Contract requirements, and the comparative advantages and disadvantages of each;

2. VECP Change Listing: A listing of the Contract requirements that will need to be changed, modified, or reviewed as well as the proposed Contract document changes in the Instructions to Bidders, Contract, Standard Specifications, General Requirements and Special Provisions required by the VECP.

3. Construction Schedule Update: Any changes in the Contract Time(s) or Contract

Milestone(s), that will result from acceptance of the VECP, shall be accompanied by a contemporaneous schedule analysis (i.e, the Contractor’s baseline schedule submission, all past/required monthly schedule updates, a detailed assessment of all past delays, and a resource loaded Crticial Path Method schedule as specified in Section 8.0 / Subsection 8.02 of this Contract) of the projected Work that remains including the proposed VECP related schedule changes (inclusive of the timeline to review accept the VECP and the timeline for implementing the design changes) in the remaining work. This shall be submitted in the form of a Proposal Schedule until the VECP has been formally accepted. Note: All of this information is to be updated, recertified, and formally accepted by MassDOT before final acceptance of this this VECP is issued.

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4. Date for MassDOT’s Acceptance: A statement that clearly justifies the date by which the VECP must be accepted to obtain the maximum price reduction, noting any effect upon the Contract Time(s) and/or Contract Milestone(s). This statement must include a narrative that demonstrates the most recent construction schedule has been utilized to justify that proposed acceptance date (e.g. “in order to start to fabricate critical materials, authorization must be provided to work on the shop drawings by no later than [date]”). The Contractor should allow for at least sixty (60) to ninety (90) days for acceptance by MassDOT once all of the VECP documentation has been provided. Acceptance shall mean that MassDOT has received a finalized and executed contract modification. However, this is a proposed Contract change.

The Contractor is fully obligated to progress the Work of the original Contract and MassDOT is not liable for any delays or costs that may occur in the review phase of any VECP proposal.

5. Cost and Savings Estimates: A detailed estimate of the anticipated net savings, calculated as follows:

a. Original Scope: Isolate the cost of performing the original contract construction activities, in accordance with the original Contract Documents, as originally bid by the Contractor, that are anticipated to be superseded by the VECP. This cost is to include any original contract scope that is anticipated to be altered or eliminated by the VECP such as, shop drawing preparation, inspection work, testing, maintenance of traffic, or any other original contract costs, that have yet to have been performed at the time of this VECP submission.

b. New VECP Scope: Calculate the cost of performing the comparable construction activities associated with the VECP.

c. Contractor’s Engineer & Inspection: Calculate the cost of engineering, inspection, and design work by the Contractor’s Engineer/Designer. This should be a realistic estimate of the costs of any required engineering, design and review work by the Contractor’s Engineer.

d. MassDOT’s Costs: MassDOT's estimate of costs to perform engineering/design reviews, cost estimate reviews, schedule reviews, and any other administrative costs to review and recommend implementation of the proposed VECP. (including all anticipated increased costs to MassDOT on other Contracts and all anticipated follow-on increased costs to MassDOT, if any) as provided by MassDOT. MassDOT’s estimated costs must be included the VECP calculation and will be provided by MassDOT in support of the VECP evaluation process.

e. Other Costs: Estimated costs associated with any revisions to other project related costs, such as Environmental Permits or Right of Way acquisitions, including other agency or municipality costs, as provided by MassDOT.

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Net Savings:

The net savings to be split between MassDOT and the Contractor shall be calculated using the items above as follows: a - (b+c+d+e) = net savings

6. The Contractor shall also provide:

a. A proposed Change Order, which explains and justifies any required Equitable Adjustment in the Contract Price.

b. The Contractor's actual costs expended for developing the VECP as of the date of the VECP submission;

7. Design Changes and Drawings: The costs that are outlined above should be inclusive of the following design and engineering responsibilities.

a. Design changes shall be prepared and stamped by the Contractor’s professional designer and/or engineer. In addition, in the development of the VECP; the Contractor is responsible for anticipating and managing all aspects associated with any VECP design work that must be performed by a licensed Engineer.

b. The Contractor’s engineer must analyze and stamp all components of any aspect of the project that has been redesigned, changed, or altered as a result of this

VECP.

c. The Contractor’s engineer shall provide all calculations and supporting design/engineering documentation that was utilized to develop the changes and stamped drawings. These will be used by MassDOT’s Designer-of-Record to review the VECP changes. The Contractor is limited to selecting only those engineer’s that have been pre-qualified by MassDOT’s A&E Board.

d. MassDOT’s Designer-of-Record will review and respond to all completed design submissions related to this VECP within thirty (30) calendar days, unless determined to be a non-critical path item.

e. MassDOT will be responsible for estimating and managing MassDOT’s Designer-of-Record during the VECP review and implementation. Should any significant conflicts arise, between the Contractor’s Engineer and MassDOT’s Designer-of- Record, the DOT and the Contractor will work expeditiously to resolve the conflict. Should this type of conflict continue for greater than five (5) days, the Contractor is to bear all financial and time related impacts of such delay and must seek to resolve the design conflict, in an acceptable manner to MassDOT. The resolution of this conflict will be funded at the Contractor’s expense – exclusive of the net saving that was agreed to at the execution of the contract modification for this VECP.

f. The Contractor’s Engineer may also be required to inspect the construction work.

The Contractor is to include such anticipated inspection costs in the initial VECP.

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g. MassDOT’s Designer of Record will remain the Designer-of-Record for the entire Project. Any costs incurred in the use of MassDOT’s Designer-of-Record by MassDOT or Contractor associated with the review of a VECP are to be included in the calculated net savings.

C. Approval of the VECP shall not occur until a Contract Modification, incorporating the

VECP, is issued by MassDOT and properly executed by the Contractor. MassDOT may accept or reject part or all of any VECP at any time prior to an executed Contract Modification for the applicable VECP. The decision of MassDOT, concerning acceptance or rejection of any VECP, shall be final and shall not be subject to dispute resolution.

It is expected that several weeks may go by before the final VECP documentation has been executed with a Contract Modification. Therefore, MassDOT intends to make certain that the initial cost estimate information has not changed before entering into a Contract Modification. As the VECP evaluation process is finalized, and prior to the signed Contract Modification for the VECP, the Contractor and MassDOT must re-certify the current status of the originally proposed cost and/or schedule savings.

Until a contract modification is issued and schedule and cost/savings re-certification is complete and accepted by MassDOT, the Contractor shall remain obligated to perform the Work in accordance with the terms and conditions of the original Contract Documents.

Upon completion of the work associated with the VECP, MassDOT may require verification that the VECP savings has been achieved.

D. VECPs will be processed (distributed, reviewed, commented upon, accepted or rejected) expeditiously (pursuant to M.G.L. c. 30, § 39R); however, as this is an elective modification to the contract, MassDOT shall not be liable for any delay or cost in the review and acceptance of the VECP. During the review of the VECP, the Contractor remains obligated to progress the original Contract scope, and schedule, as planned; until a Contract Modification, accepting the Contractor re-certified VECP, has been executed by MassDOT.

The Contractor has the right to withdraw part, or all of any VECP, prior to acceptance by MassDOT. Such withdrawal shall be made in writing to the Engineer. The Contractor shall state the period of time, from the date of the initial VECP submittal, that the VECP shall remain valid and feasible. Revision of this validity and feasibility period shall be allowed only by mutual agreement of the Contractor and the Engineer in writing.

If the Contractor desires to withdraw the proposal prior to the expiration of this period for non-technical reason, MassDOT reserves the right to recover all actual costs that have been incurred to MassDOT.

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If the Contractor withdraws the VEC Proposal, MassDOT reserves the right to proceed with the VECP or any portion of the VECP as a normal change and the Contractor waives any right it may have had to share in net savings thereunder.

For purposes of this provision, expiration of the time established by the Contractor for approval shall be considered as withdrawal by the Contractor if MassDOT requests an extension of that time and the Contractor does not provide a written extension.

E. With regard to unknown conditions or sub-surface work, in general, the expectation is that the Contractor and MassDOT will strive to gain enough knowledge about the risks in order to provide a forward-priced Change Proposal. Therefore, any costs to fully evaluate the proposal, such as additional borings and/or test pits, must be considered in the cost evaluation of whether the VECP is worth pursuing. However, if it is impractical to gather conclusive exploratory information, before the VECP is executed, MassDOT may consider provisions in the VECP that clearly identifies the risk sharing (cost and time) related specifically to the unknown/sub-surface conditions. If these VECP provisions are acceptable to MassDOT they are to include supplemental language to provide a determination of the final savings/cost, and time impacts, no later than 45 days after the sub-surface work is completed. All other aspects of the VECP, unrelated to these Provisions, will be binding upon execution of the VECP.

SUBSECTION 8.02 SCHEDULE OF OPERATIONS

Replace this subsection with the following:

An integrated cost and schedule controls program shall be implemented by the Contractor to track and document the progress of the Work from Notice to Proceed (NTP) through the Contractor Field Completion (CFC) Milestone. The Contractor’s schedules will be used by the Engineer to monitor project progress, plan the level-of-effort required by the Department’s work force and consultants and as a critical decision-making tool. Accordingly, the Contractor shall ensure that it complies fully with the requirements specified herein and that its schedules are both accurate and updated as required by the specification throughout the life of the project.

Detailed requirements are provided in Division II, Section 722 Construction Scheduling.

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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

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.

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SUBSECTION 8.14 (Continued)

C.2 – EARLY UTILITY 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.

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.

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SUBSECTION 8.14 (Continued)

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…