Massachusetts Department Of Transportation Highway Division Proposal No. 610544-135966

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DOCUMENT A00801

SPECIAL PROVISIONS

PEABODY

Federal Aid Project No. CMQ/STP/TAP-0034(034)X

Multi-Use Path Construction of Independence Greenway at I-95 and Route 1

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 May 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 the construction of an approximately 1.579-mile-long bituminous asphalt shared use path from Lt. Ross Park to the Peabody Road trailhead. Work includes the construction of two pedestrian bridges, MassDOT Bridge No. P-03-018(CFC), over Route 1, and MassDOT Bridge No. P-03-028(CFD), over Proctor Brook.

Bridge No. P-03-018(CFC), proposed over Route 1, consists of two sets of 2-span continuous steel stringers with composite reinforced concrete decks. These spans are located on either side of a prefabricated steel pedestrian truss bridge, which has a total length of 228 feet. Each steel stringer span measures approximately 60 feet in length. The overall out-to-out width of the approach spans is 13 feet 9 inches, with a clear deck width of 12 feet. Structural support for the bridge is provided by mechanically stabilized earth (MSE) abutments and a series of reinforced concrete hammerhead piers founded on drilled shafts. Bridge No. P-03-028(CFD), proposed over Proctor Brook, consists of a single-span prefabricated steel truss bridge with an overall length of 179 feet. The bridge is supported by cast-in-place reinforced concrete cantilever abutments. The structure has an out-to-out width of 14'-7", providing a clear path width of 12 feet. The deck surface consists of black locust timber decking.

Work under this Contract also includes utility undergrounding, drainage improvements, roadway reconstruction, micro milling and overlay, profile adjustment, roadway embankment work, highway guardrail, other safety elements, railroad track removal, traffic controls, traffic signals, wetland restoration and replication, slope stabilization, and plantings, as shown on the Plans. The project includes partial roadway closure during construction with an approved detour plan and rolling road block plan for the construction of the bridge over Route 1.

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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.

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

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 Years 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.

mailto:MassDOTSpecifications@dot.state.ma.us

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HOLIDAY WORK RESTRICTIONS (Continued)

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.

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

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HOLIDAY WORK RESTRICTIONS (Continued)

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.

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.

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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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.

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.

LANE CLOSURES AND TRAFFIC MANAGEMENT

(Supplementing Subsection 7.09)

At times lane closures will be in place on Route 1 Northbound/Southbound, Lowell Street, and Peabody Road. Detours and rolling road blocks will also be required on Route 1 Northbound/ Southbound. Please refer to the Temporary Traffic Control Plans. See below for information on work hour restrictions.

WORK SCHEDULE

(Supplementing Subsection 8.02)

The work schedule shall conform to the relevant provisions of Subsection 7.09 of the Standards Specifications and the following:

Independence Greenway (Abandoned Railbed) & Peabody Road Work requiring lane closures that will impact traffic in the judgement of the Engineer will be allowed from 7:30 a.m. to 4:00 p.m. (Monday – Friday). Work schedule shall be an 8-hour day, 5-day week not including Saturdays, Sundays or Holidays with the prime contractor and all subcontractors working on the same shifts.

Work not requiring lane closures is allowed from 7:30 a.m. to 4:00 p.m. (Monday – Friday), 8-hour day, 5-day week not including Saturdays, Sundays or Holidays with the prime contractor and all subcontractors working on the same shifts. Holiday work shall not be allowed on this project.

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WORK SCHEDULE (Continued)

Work is allowed from 9:00 p.m. to 5:00 a.m. only with the approval of MassDOT District 4 and the City of Peabody.

Lowell Street Work requiring lane closures that will impact traffic in the judgement of the Engineer will be allowed from 9:00 a.m. to 3:00 p.m. (Monday – Friday). Work schedule shall be a 5-day week not including Saturdays, Sundays or Holidays with the prime contractor and all subcontractors working on the same shifts.

Work not requiring lane closures is allowed from 9:00 a.m. to 3:00 p.m. only, 5-day week not including Saturdays, Sundays or Holidays with the prime contractor and all subcontractors working on the same shifts. Holiday work shall not be allowed on this project.

Work is allowed from 9:00 p.m. to 5:00 a.m. only with the approval of MassDOT District 4 and the City of Peabody.

Route 1 Mainline – Short-Term Setups Work requiring lane closures is restricted to the hours of 9:00 PM Sunday to 5:00 AM Monday and 9:00 PM to 5:00 AM for all shifts commencing Monday through Thursday. The week will extend as follows:

Sunday: 9:00 P.M. to 5:00 A.M. Monday Monday: 9:00 P.M. to 5:00 A.M. Tuesday Tuesday: 9:00 P.M. to 5:00 A.M. Wednesday Wednesday 9:00 P.M. to 5:00 A.M. Thursday Thursday: 9:00 P.M. to 5:00 A.M. Friday

The Contractor may request alternate work hours to those specified above. Such requests shall be submitted in writing to the Engineer a minimum of 2 weeks prior to the requested start date of the alternate hours but may not begin until written approval of the request is provided by the Engineer.

Approval shall be contingent upon the nature of the work to be completed and traffic volumes during the times requested.

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TRAFFIC CONTROL

The setting up and removal of all Traffic Control Devices shall be completed within the above time frames. Portable Changeable Message Boards Item 856.12 shall be utilized on Route 1 mainline and shall be placed upstream of project limits far enough for motorists to make decisions about alternate routes and as required by the Engineer.

No work adversely affecting traffic will be allowed unless a substitute traffic pattern or detour route, satisfactory to the Engineer, has been provided by the Contractor.

Route 1 Mainline – Long-Term Setups Work requiring temporary lane closure, such as assembling the crane and Route 1 bridge superstructure, shall be in place for the shortest duration possible. The Contractor must submit the request for temporary lane closure in writing to the Engineer a minimum of 2 weeks prior to the requested start date of the closure.

Route 1 Mainline – Rolling Road Block Work requiring a rolling road block, such as delivery of the crane and superstructure, are restricted to the same work hours as the Route 1 Mainline – Short Term Setups. The Contractor must submit the request for a rolling road block or detour in writing to the Engineer a minimum of 2 weeks prior to the requested start date of the closure but may not begin until written approval of the request is provided by the Engineer.

Route 1 Mainline – Detour Work requiring a detour, such as erection of the Route 1 bridge superstructure, are restricted to the same work hours as the Route 1 Mainline – Short Term Setups. The Contractor must submit the request for a rolling road block or detour in writing to the Engineer a minimum of 2 weeks prior to the requested start date of the closure but may not begin until written approval of the request is provided by the Engineer.

NOTICE TO CONTRACTOR

Any proposed work requiring access to the 207 Newbury Street property, known as Bosun’s Marine Peabody, must be coordinated with the property owner. Proposed construction activities proposed on the site include, but is not limited to, the installation of support of excavation for the MSE wall and electrical work by Peabody Municipal Light Plan (PMLP). The Contractor is responsible for coordinating this effort and must submit a detailed work sequence for work on the 207 Newbury Street property for approval by the Engineer before commencing work.

Work on the 207 Newbury St property is restricted to between June 15th to September 15th. A minimum of three weeks’ notice must be provided to the 207 Newbury Street property owner prior to construction activities commencing. The Contractor must ensure temporary construction fence is installed so that the Bosun’s Maring lot is completely enclosed for the duration of construction activities.

Additionally, the Contractor must establish a communication protocol with the property owner to keep them updated on progress and any changes to the schedule. The Contractor is responsible for cleanup and restoration of these areas to the acceptance of the Engineer upon completion of work on the property.

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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 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.

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.

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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 (1) 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. The Contractor shall ensure that all affected utilities / agencies are notified

Before the Contractor begins any work or operation that might damage subsurface structures, he/she shall carefully locate all such structures and conduct their operations so as to avoid any damage to them.

The following is the name and addresses of the agency which may be affected and must be notified.

Completeness is not guaranteed by the Department. The Contractor shall assure that all affected agencies are notified:

The Contractor will need to coordinate with all utility companies to correctly phase the utility relocation work. The Contractor will cooperate fully with all utility companies private or public and will notify all such companies at least twenty-four hours prior to excavating in the vicinity of any utility. It is understood that the Contractor has considered in his bid the existence of the various utilities and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference by said utilities.

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

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NOTICE TO OWNERS OF UTILITIES (Continued)

PEABODY PUBLIC SERVICES CONTACT INFORMATION

WATER/SEWER:

William Paulitz Director & City Engineer 24 Lowell St Peabody, MA 01960 Phone: (978) 536-7126

NOTIFICATION OF PUBLIC OFFICIALS & OWNERS OF UTILITIES

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

The Contractor is responsible for informing the following officials in each area that he is assigned to work in:

https://www.mass.gov/lists/massachusetts-cities-and-towns

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NOTICE TO OWNERS OF UTILITIES (Continued)

Mayor, DPW/Sewer, Police Department, Fire District/Water Department, Electric Company, Phone and Cable.

NATIONAL GRID EMERGENCY TELEPHONE NUMBERS

GAS:

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

PEABODY MUNICIPAL LIGHT PLANT EMERGENCY TELEPHONE NUMBERS

ELECTRIC:

Outage/Emergency/Customer Support: 1-978-531-5975

ENVIRONMENTAL PERMITTING

Authorization under Section 404 of the Clean Water Act has been obtained from the US Army Corps of Engineers. An Order of Conditions has been obtained from the Peabody Conservation Commission under the Wetlands Protection Act. A Chapter 91 license has been obtained from MassDEP under the Public Waterfront Act. If field conditions and/or Contractor-proposed erection, demolition, storage, or other procedures not originally allowed by existing environmental permits require work to occur in or otherwise impact water or wetland resource areas, the Contractor is advised that no associated work can occur until all required environmental permits have been either amended or obtained allowing such work. The Contractor must notify the District 4 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 with the District 4 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 modify or obtain the environmental permits.

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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 submitting a bid on a project, the Contractor certifies that all work will be in compliance with the terms of 2 CFR 200.216. The Contractor shall submit a COC indicating compliance with the above provisions for all telecommunications equipment or services included in the Contract.

Payment for the item in which the materials are incorporated may be withheld until these COCs are received. Any cost involved in furnishing the certificate(s) shall be borne by the Contractor.

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.

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NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION (Continued)

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.

General AMM

• The Contractor shall ensure all personnel working in 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.

• On June 3, 2024, MassDOT Highway Division Environmental Services conducted a northern long-eared bat summer presence/absence survey, in accordance with the 2024 survey guidelines.

The survey did not confirm the presence of NLEB and/or TCB. If work is proposed by the Contractor past June 3, 2029, additional review is required by the MassDOT Highway Division’s Environmental Services Section, and additional review and restrictions may be required by the USFWS.

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).

Bridge AMM

• On May 30, 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 May 30, 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 May 30, 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.

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

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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. 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

(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.

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BUILD AMERICA BUY AMERICA PREFERENCE (Continued)

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.

All articles, materials, and supplies should be classified as an iron or steel product, a manufactured product, or another product as specified by law or in 2 CFR part 184 (such other products specified by law or in 2 CFR part 184 include “excluded materials” and “construction materials”); an article, material, or supply must not be considered to fall into multiple categories.

MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION FILE

NUMBER SIGN

This project is subject to Massachusetts General Laws, Chapter 131, Section 40 as amended.

Signs shall be in accordance with the latest MassDOT Construction Standards. All costs for the manufacture, erection, maintenance, moving, and removal of the signs shall be absorbed by the contractor with no additional compensation other than the contract unit prices.

For this project the Massachusetts Department of Environmental Protection File Number is 055- 0950.

PEABODY CONSERVATION COMMISSION LIMIT OF WORK SIGNS

Per the Order of Conditions obtained from the Peabody Conservation Commission under the Wetlands Protection Act, signs shall be posted at the limit of work and read as follows: “Absolutely no work beyond this point.” Signs shall be placed in an amount satisfactory to the Commission or its agent, with at a minimum one such sign every 50 to 100 feet along the limit of work to be determined by the agent before work commences. Signs shall be of such quality to last the duration of the project until a Certificate of Compliance is issued. All costs for the manufacture, erection, maintenance, moving, and removal of the signs will be incidental to the contract and no compensation will be done in related to these works.

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.

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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.

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 as follows:

Route 1 = 7.8 Million 18-kip (80-kn) ESALs (Traffic Level 2 --- 0.3M to 10.0 Million) Lowell St = 2.7 Million 18-kip (80-kn) ESALs (Traffic Level 2 --- 0.3M to 10.0 Million) Peabody Rd = 200,000 18-kip (80-kn) ESALs (Traffic Level 1 < 0.3 Million) Independence Greenway = 0 18-kip (80-kn) ESALs (Traffic Level 1 < 0.3 Million)

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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.

TRASH AND YARD WASTE DISPOSAL

The clearing and removal of trash and yard waste may be required beyond the limits shown and shall be removed as required by the Engineer and measured and paid for under Item 120. Earth Excavation.

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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 &…