A00801-608634.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 608634-1334590

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DOCUMENT A00801

SPECIAL PROVISIONS

DEERFIELD

Federal Aid Project No. BFL(BR-OFF)-0032(052)X

Bridge Replacement, D-06-001, Upper Road Over Deerfield River

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

All work under this Contract shall be done in conformance with the 2026 Standard Specifications for Highways and Bridges, the Supplemental Specifications contained in this book, the Construction Standard Details in effect as of January 2026, the 1990 Standard Drawings for Signs and Supports, the 2015 Overhead Signal Structure and Foundation Standard Drawings, the 11th Edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the January 2026 Massachusetts Amendments to the MUTCD, the 1968 Standard Drawings for Traffic Signals and Highway Lighting, the latest edition of The American Standard for Nursery Stock, the Plans and these Special Provisions.

The work under this Contract consists of replacing the existing bridge structure carrying Upper Road over the Deerfield River and the reconstruction of a portion of each approach in the Town of Deerfield. The existing four-span bridge with an overall length of approximately 371 feet and out-to out width of 27’-6” will be replaced with a three-span continuous steel multi-girder structure with a length of 371 feet and a composite reinforced concrete deck. The out-to-out width will be 35’-3” with two 11-foot lanes, two 5-foot shoulders, and S3-TL4 MassDOT standard railing. The structure will be supported by one stub abutment on piles, one pier wall on piles, one pier wall on spread footing and mass pour concrete, and one cantilever abutment founded on bedrock.

The project provides improvements to both approach roadways and intersections with Lower Road and Stillwater Road. The work includes full depth pavement reconstruction; excavation; pavement milling; pavement resurfacing; installing new drainage structures and pipe; installing new granite curb; installing erosion control devices; installing guardrail; furnishing and spreading loam and seed;

installing signs and pavement markings; providing traffic control; and other incidental Items of work listed in the proposal.

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SCOPE OF WORK (Continued)

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 proposal number and municipality is to be placed in the subject line.

SECTION 7.09: PUBLIC SAFETY AND CONVENIENCE

The requirements set forth in this subsection are in addition to the requirements of the Standard Specifications.

The Contractor shall prepare and submit a Temporary River Control Plan (TRTCP) for review and approval by the Engineer, DCR, and Environmental Police at least 30 days before commencing any work in or over the navigable waterway. This submittal will include anticipated layouts for temporary channels following the proposed project schedule and staging for the work to be performed, with channel signage, markings, and channelizing devices as appropriate. The Contractor shall maintain an open channel for river traffic of 20 feet minimum during all activities to accommodate recreational river users in small craft. The navigable channel made available to recreational users shall be clearly marked and accessible to users. The Contractor may submit requests to the Engineer for review and approval to close the river to traffic for short durations during major work activities. The submittal must include the list of work to be performed with a schedule for the anticipated closure durations. It will also include signage upstream of the nearest and most established put-ins for small boats, canoes, kayaks, and tubers. The Contractor shall arrange for Environmental Police details when closures are required. Reimbursements shall be handled the same as for vehicular police details. The TRTCP shall include a procedure for safe exit of recreational users who do not heed the closure in time to avoid entering the work zone in partnership with the Environmental Police. The channel must remain open for that minimum width during non-working hours.

mailto:MassDOTSpecifications@dot.state.ma.us

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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.

TRUCK SAFETY DEVICES

(Supplementing Subsection 7.04: Motor Vehicles)

All motor vehicles subject to Section 7 of Chapter 90 to be operated under this Contract shall be equipped with safety devices as provided therein and in 540 CMR 4.00.

By December 31, 2025, the Contractor shall certify to the Registry of Motor Vehicles, in a manner prescribed by the Registrar, that all applicable vehicles are equipped with Lateral Protective Devices, Convex Mirrors, Cross Over Mirror(s) and Back Up Cameras in accordance with the requirements of 540 CMR 4.00.

The Contractor shall provide evidence satisfactory to the Department to demonstrate compliance with the above certification requirement for all applicable vehicles operated under this Contract by the Contractor and its subContractors and vendors in a manner set forth by the Department.

Thereafter, the Contractor shall have an affirmative obligation to continue to provide such evidence of compliance on an ongoing basis and no later than 7 days after certification with the Registry of Motor Vehicles of any additional vehicles operated under this Contract by the Contractor and its subContractors and vendors.

Non-compliance with respect to a vehicle that is subject to 540 CMR 4.00 may subject the Contractor to statutory fines as established in M.G.L. c. 90, § 7 and/or contractual remedies up to and including termination of the Contract.

CONTAMINATED SOIL

Soil to be removed from the project area shall not be assumed to be uncontaminated and must be evaluated prior to off-site management for potential contamination with hazardous materials. No soil may be disposed of off-site without proper assessment by the Contractor and approval from the Resident Engineer (RE), District Environmental Engineer (DEE), or the project designee.

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

0.3 Million 18-kip (80-kn) ESALs.

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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.

SOIL STOCKPILING DIRECTIVE P-22-001

Any stockpiling of soil must be performed in compliance with Policy Directive P-22-001, Off- Site Stockpiling of Soil from MassDOT Construction Projects. This directive limits the allowable locations for off-site stockpiling of soil generated during MassDOT projects and includes various requirements that must be satisfied by the contractor prior to off-site stockpiling. The Contractor is responsible for identifying a suitable stockpile location.

PIGEON WASTE

The Contractor shall remove and dispose of the pigeon waste and any other debris accumulated on the steel members and bridge seats in areas where work is being performed. Pigeon waste and debris material contaminants will require special handling and disposal in accordance with all Federal, state, and local requirements. No separate payment will be made for removal and disposal of pigeon waste. Cost shall be incidental to the contract pay Items.

NONCONFORMING COMPRESSIVE STRENGTH OF CEMENT CONCRETE

Concrete with compressive strength test results failing to attain the limits specified in Table 901.64-3 of 901.64.B: Acceptance Testing shall be evaluated for structural adequacy and serviceability at the Contractors’ expense. The Department will review all production records, the concrete test records, petrographic analysis report, field notes, and the placement records for the concrete in question. If the Engineer determines the material is found to be adequate to remain in place, payment shall be adjusted in accordance with the following formula:

𝑃𝑃 =

2(𝑓𝑓𝑓𝑓 − 𝑓𝑓′𝑐𝑐)(𝑈𝑈𝑈𝑈)(𝑄𝑄)

𝑓𝑓′𝑐𝑐

Where:

𝑃𝑃 = 𝑝𝑝𝑝𝑝𝑝𝑝 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 𝑓𝑓𝑓𝑓𝑓𝑓 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐

𝑓𝑓′𝑐𝑐 = 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠ℎ 𝑎𝑎𝑎𝑎 28 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑓𝑓𝑓𝑓 = 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠ℎ 𝑎𝑎𝑎𝑎 56 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑄𝑄 = 𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞𝑞 𝑜𝑜𝑜𝑜 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑏𝑏𝑏𝑏 𝑡𝑡ℎ𝑒𝑒 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡 𝑈𝑈𝑈𝑈 = 𝑢𝑢𝑢𝑢𝑢𝑢𝑢𝑢 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝 𝑜𝑜𝑜𝑜 𝑡𝑡ℎ𝑒𝑒 𝑙𝑙𝑙𝑙𝑙𝑙𝑙𝑙 𝑠𝑠𝑠𝑠𝑠𝑠 𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏 𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝 𝑝𝑝𝑝𝑝𝑝𝑝 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑦𝑦𝑦𝑦𝑦𝑦𝑦𝑦 𝑓𝑓𝑓𝑓𝑓𝑓 𝑡𝑡ℎ𝑒𝑒 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑜𝑜𝑜𝑜 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐 𝑖𝑖𝑖𝑖 𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝

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GENERAL REQUIREMENTS FOR DEMOLITION AND

WORK INVOLVING PAINTED STEEL

(02/06/2020)

Demolition and work involving painted steel shall conform to the requirements of Subsection 961 of the Standard Specifications.

Work Involving Painted Steel

Hazardous materials shall be removed in the immediate area of any intended welding, heating, saw cutting or burning of steel. Hazardous material removal is required to allow the demolition of structural steel, railings, drainage systems, utility supports, steel lamp posts, etc.

The Contractor shall assume that the coatings on the steel contain lead (Pb), unless otherwise determined by testing. The Contractor shall certify in writing to the Engineer the results of all testing, and shall also certify that any lead (Pb) coated steel removed from the project was not reused or buried, but was sent to a scrap metal recycling facility.

Implement and maintain programs and procedures, which comply with the requirements of this specification and all applicable standards and regulations. Comply with all applicable regulations even if the regulation is not specifically referenced herein. If a state or local regulation is more restrictive than the regulation of this specification, follow the more restrictive requirements.

This requirement is intended only for the demolition and preparation prior to repair and does not include provisions for recoating of steel.

Environmental

All applicable portions of Subsections 961.65 “Worker Protection” and 961.66 “Environmental Protection and Monitoring” shall be followed when performing this work.

During chemical stripping a hand washing facility may be used in lieu of a decontamination/changing facility.

Hazardous material shall be collected during the disassembly and disposed of as outlined in Subsection 961.68 “Handling of Hazardous Waste and Reporting Release Programs”.

The applicable submittals shall be according to Subsection 961.69 “Submittals”.

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GENERAL REQUIREMENTS FOR DEMOLITION AND

WORK INVOLVING PAINTED STEEL (Continued)

Cleaning/Removal

Cutting Or Burning Of Steel

All surfaces to be welded, heated, saw cut or burned shall be cleaned so as to remove all contaminants and/or hazardous materials, which could be discharged to the environment as a function of the subsequent operations.

Lead paint shall be removed in its entirety in an area prescribed by a 6 inch (15 cm) minimum offset from the required work. The paint removal operation may be dry abrasive blasting, wet abrasive blasting or chemical stripping.

Proper level of containment shall be used when performing this work in accordance with Subsection 961.67 “Containment”. Full containment is not required during chemical stripping operation however; the Contractor shall install proper shielding and/or tarpaulins under the chemical stripping operations in order to catch all debris generated during this procedure. A cleaned area must be inspected and approved before the demolition operations are started.

During cleaning operations the Contractor shall be required to furnish and erect temporary floodlights illuminating the steel surface at a minimum of 30-foot candles. This lighting shall be used in areas where there is insufficient lighting for proper cleaning operations and inspection.

The Contractor shall supply electrical power.

The Contractor shall provide support for interim and final inspection of the bridge during cleaning operations. This support shall include the necessary traffic controls and safe access to the work.

Mechanical Disassembly Of Steel

All surfaces to be mechanically disassembled by shear cutting or removing bolts or rivets shall not require deleading. When shear cutting or removing bolts or rivets, the Contractor shall not use any method that will cause dust and/or particles to be emitted and/or dispersed into the environment to an extent that would expose the workers above the Action Levels of 30µg/m3.

For purposes of limiting the lead (Pb) dust, the Contractor will be required to dampen the lead paint work areas.

The Contractor shall install a proper shielding and/or tarpaulins under all lead-paint-coated surfaces to be shear cut or bolts or rivets ordered removed in order to catch any loose lead paint chips, dust or particles.

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EVERSOURCE EMERGENCY TELEPHONE NUMBERS

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

BERKSHIRE GAS EMERGENCY TELEPHONE NUMBERS

GAS:

Outage/Emergency: 1-800-292-5012 or 413-499-1680 New Service: 1- 800-297-7144 Customer Support: 1-800-292-5012

NOTICE TO OWNERS OF UTILITIES

(Supplementing Subsection 7.13)

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

Before the Contractor begins any work or operations that might damage any subsurface utilities, he/she shall carefully locate all such utilities and conduct operations so as to avoid any damage to them. The Contractor shall notify the Resident Engineer where utility conflicts are observed or where the location of existing utilities differ from the those shown on the Drawings.

The Contractor shall notify Massachusetts DIG SAFE call center 1-888-DIG-SAFE (344-7233) and procure a “DIG SAFE” number prior to disturbing existing ground in any way.

A list of public and private utilities can be found on the MassDOT website at:

https://www.mass.gov/info-details/utility-contacts-by-district-and-municipality

Select District 2

Select the Town of DEERFIELD and then locate the utility.

The utility contact list is for guidance only and is not guaranteed to be complete or up to date.

Notification Of Public Officials

Town officials are shown at website https://www.mass.gov/lists/massachusetts-cities-and-towns and select the required City/Town website.

State Police are shown at website https://www.mass.gov/info-details/massachusetts-state-police-troop-boundaries. Select the area of jurisdiction to find the local station.

The following are the names of owners of the principal utilities affected as well as other major contacts, but completeness of this list is not guaranteed:

https://www.mass.gov/info-details/utility-contacts-by-district-and-municipality https://www.mass.gov/lists/massachusetts-cities-and-towns https://www.mass.gov/info-details/massachusetts-state-police-troop-boundaries https://www.mass.gov/info-details/massachusetts-state-police-troop-boundaries

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NOTICE TO OWNERS OF UTILITIES (Continued)

Electric Company Address City State Zip Updated Eversource Electric West 300 Cadwell Drive Springfield MA 01104 3/23/2015

Contact Office Extension Email

Nicholas Langone 413-787-9022 nicholas.langone@eversource.com 10/6/2023

Gas Company Address City State Zip Updated Berkshire Gas Co. 115 Cheshire Road Pittsfield MA 01201

Wesley Scalise 413-445-0383 wscalise@berkshiregas.com 10/30/2023

Telephone

Verizon 385 Myles Standish Blvd. Taunton MA 02780 11/8/2013

Paul Styspeck 413-787-1845 paul.m.styspeck@verizon.com 3/24/2026

Water

So. Deerfield Water Supply Dist.

P.O. Box 51 South Deerfield

MA 01373

Dan Dion 413-665-3540 ddion.sdwater@gmail.com 9/3/2020

Deerfield Fire Dist. Water Dept.

P.O. Box 168 Deerfield MA 01342 10/20/2008

Brian Nartowicz 413-773-3359

7/8/2014

Sewer

Deerfield Highway & Sewer Dept.

8 Conway St. South

MA 01373 10/20/2008

Kevin Scarborough 413-665-2036 dpwsupt@townofdeerfield.ma.us 7/8/2014

Cable

Comcast Cable Corporation PO Box 6505, 5 Omni Way Chelmsford MA 01824 3/28/2019

Michael Cook

Michael_Cook7@comcast.com 12/24/2025

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NOTICE TO OWNERS OF UTILITIES (Continued)

Company Address City State Zip Updated Zayo 80 Central Street Boxborough MA 01719 5/4/2026

Mark Bonanno 508 616 7818

Mark.bonanno@zayo.com 5/4/2026

MCI-Verizon Business P.O. Box 600 Charlton MA 01507 2/22/2017

Stephen Parretti 508-248-1305 stephen.parretti@verizon.com 2/3/2023

Fire Alarm

Deerfield Fire District Water Dept.

P.O. Box 168 Deerfield MA 01342

Brian Nartowicz 413-773-3359

9/3/2020

DPW

Deerfield Highway & Sewer Dept.

8 Conway St. South

MA 01373 10/20/2008

Kevin Scarborough 413-665-2036 dpwsupt@townofdeerfield.ma.us 9/4/2020

Other

Local Linx 30 Elmview Circle Dover NH 03820 1/26/2021

Jason Wing 403-538-4545 jason.wing@locallinx.com 5/31/2023

Verizon Wireless Small Cell 20 Alexander Drive Wallingford CT 06492 10/27/2022

Elizabeth Glidden elizabeth.glidden@vzw.com 3/25/2025

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ENVIRONMENTAL PERMITTING

The proposed work occurs in jurisdictional wetland resources subject to section 401 or section 404 of the Clean Water Act; therefore, a Water Quality Certification from the Massachusetts Department of Environmental Protection and/or authorization from the US Army Corps of Engineers has been obtained. The Contractor is advised that all terms and conditions within said permits shall be strictly adhered to. The proposed work qualifies for the bridge exemption authorized in the Transportation Bond Bill and is therefore not subject to the Massachusetts Wetlands Protection Act, the Massachusetts Public Waterfront Act (Chapter 91), or the Massachusetts Environmental Policy Act. If field conditions and/or Contractor-proposed erection, demolition, staging, or other procedures require work to occur in or otherwise impact water or wetland resource areas, the Contractor is advised that no associated work can occur until all required environmental permits have been obtained allowing such work. The Contractor must notify the District Highway Director and Resident Engineer in writing at least 60 days prior to desire commencement of the proposed activity. All environmental submittals, including any Contract with Local, State, or Federal environmental agencies, must be coordinated with the District 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.

NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION

The northern long-eared bat (Myotis septentrionalis; NLEB) and tricolored bat (Perimyotis subflavus; TCB) are listed as federally endangered or proposed endangered, respectfully, under the Endangered Species Act (ESA). The U.S. Fish and Wildlife Service (USFWS) developed this guidance to address ESA compliance and promote conservation of NLEB and TCB. 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/Conference Opinion for Transportation Projects in the Range of the Indiana bat, northern long-eared bat, and tricolored bat, dated December 13, 2024. and generated a May Affect, Not Likely to Adversely Affect (NLAA) determination (see Document A00844).

Subsequently, the project has completed Section 7 consultation under the ESA.

In advance of the uplisting of the TCB to endangered under the ESA, the following Avoidance and Minimization Measures (AMMs) must be strictly adhered to in order to protect NLEB and TCB and to be in compliance with the ESA. Contact MassDOT Environmental Services - Wildlife Unit Supervisor for questions about project limits, restrictions, or conservation measures.

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NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION

(Continued)

General AMM The Contractor shall ensure all personnel working on the project site are aware of all environmental commitments related to NLEB and TCB, including all applicable AMMs. NLEB and TCB information(https://www.fws.gov/midwest/endangered/mammals/nleb/ and https://www.fws.gov/species/tricolored-bat-perimyotis-subflavus) shall be made available to all personnel.

Lighting AMMs

• Direct temporary lighting away from suitable habitat during the active season: April 15 to

October 31.

Tree Removal AMMs

• If additional cutting is proposed by the Contractor that is outside the scope of this contract, additional review is required by the MassDOT Highway Division’s Environmental Services Section, and additional review and restrictions may be required by the USFWS.

• Ensure tree removal is limited to that specified in project plans and ensure that Contractors understand clearing limits and how they are marked in the field (e.g., install bright colored flagging/fencing prior to any tree clearing to ensure Contractors stay within clearing limits).

• No tree cutting, trimming, or removal of trees and/or woody vegetation >3-inch in diameter shall be conducted between April 15 to October 31

• The Contractor shall ensure all personnel working in on the project site are aware of all environmental commitments related to NLEB and/or TCB, including the TOY restriction. If this restriction needs to be waived at any location(s) the Resident Engineer shall send a locus map of the proposed work to MassDOT Highway Division’s Environmental Services Section for review and a determination if the restriction can be waived.

Bridge AMM

• On 10/7/2024, MassDOT Highway Division Environmental Services, conducted a northern long-eared bat bridge/structure bat assessment, in accordance with the USFWS guidelines. The assessment did not find presence of, or evidence of use by bats, and as stated within the guidelines, the assessment is valid for two years. If bridge work is not complete before 10/7/2026, assessment of the bridge for the presence of, or evidence of use by, bats shall be completed by the MassDOT Wildlife Unit prior to continuing bridge work. The Contractor shall notify the MassDOT Wildlife Unit no later than fourteen (14) days prior to 10/7/2026 to provide adequate time for inspection. If bats are found to be present, or, if there is evidence of bat usage, work at the bridge shall not commence until after the MassDOT Wildlife Unit has completed coordination with the US Fish and Wildlife Service to determine the appropriate follow up or mitigation actions.

http://www.fws.gov/midwest/endangered/mammals/nleb/and http://www.fws.gov/species/tricolored-bat-perimyotis-subflavus)

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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.

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SUBSECTION 8.14 (Continued)

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.

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.

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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.

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.

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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.

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.

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VALUE ENGINEERING CHANGE PROPOSAL (Continued)

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.

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 Item7 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;

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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.

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.

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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.

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.

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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.

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.

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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.

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.

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COMPLIANCE WITH THE NATIONAL DEFENSE AUTHORIZATION ACT

(Supplementing Subsection 7.01)

On all projects, the “Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment” Regulation (2 CFR 200.216) prohibits the Contractor from using or furnishing the following telecommunications equipment or services:

• Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

• For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

• Telecommunications or video surveillance services provided by such entities or using such equipment.

• Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

This prohibition applies to all products manufactured by the aforementioned companies, including any individual components or parts.

By…