A00801-614073.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 614073-136793

A00801 - 1

DOCUMENT A00801

SPECIAL PROVISIONS

DISTRICT 6

Scheduled and Emergency Mechanical and Millwright Services at Various Locations

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 July 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 to be performed under this contract consists of providing personnel, materials, and equipment for repair, modification and replacement of ventilation and pumping equipment and components located throughout MassDOT’s District Six facilities.

The work also includes special service requests for millwright and mechanical type trade services.

The work also includes rigging, installation, and specific precision alignments of ventilation and pumping equipment and their associated components.

Also included is the removal, modification, refurbishment, balancing, alignment and installation of various types and sizes of facility-related, mechanical / electrical support components and hardware. This equipment includes, but is not limited to, fans, (100,000-400,000 cfm range), pumps, motors (100-300 HP range), large piping and other types of mechanical equipment.

Due to the critical nature of the operation of ventilation and pumping facilities, the potential need for repair work will require that the Contractor be available 24-hours a day, 365 days per year to ensure prompt response in Emergency situations. (See the subsequent Section entitled “Emergency Work”.) The Contractor is hereby notified that the responsibility for responding to assignments shall commence once the contract “Notice to Proceed” is issued.

No repair work shall be performed under this contract until specifically authorized and directed by the Department. Also, award of this contract does not give the Contractor exclusive domain over all the District’s ventilation and pumping facilities.

The Department reserves the right to perform such work, as it deems best with its own forces, and/or to enter into special contracts for the maintenance or repair of various components.

A00801 - 2

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.

LOCATION OF WORK

The work locations under this contract will be on any or all State Highways and roadways within District 6, as assigned by the Engineer. More information may be found about the various cities and towns within District 6: https://www.mass.gov/info-details/find-your-highway-district-office

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

MassDOT - Highway Division reserves the right to add additional locations throughout the duration of this contract. Locations will be determined by the Engineer

PUBLIC SAFETY AND CONVENIENCE

(Supplementing Subsection 7.09)

Sweeping and cleaning of surfaces beyond the limits of the project to clean up material caused by spillage or vehicular tracking during the various phases of the work shall be considered as incidental to the work being performed under this Contract and there will be no additional compensation.

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 mailto:MassDOTSpecifications@dot.state.ma.us https://www.mass.gov/info-details/find-your-highway-district-office https://www.mass.gov/lists/massachusetts-cities-and-towns

A00801 - 3

WORK SCHEDULE

The work on this project is to be performed during the daytime but may also be performed during the nighttime as needed and as directed. No additional compensation will be made for work scheduled during nighttime hours. Night work is to be performed in accordance with the following schedule:

Sunday, 9:00 P.M. to Monday, 5:00 A.M.

Monday, 9:00 P.M. to Tuesday, 5:00 A.M.

Tuesday, 9:00 P.M. to Wednesday, 5:00 A.M.

Wednesday, 9:00 P.M. to Thursday, 5:00 A.M.

Thursday, 9:00 P.M. to Friday, 5:00 A.M.

Any approved daytime operation(s) that consistently has (have) an adverse effect on traffic flow may be shifted to nighttime at the Engineers’ discretion. For daytime operations on high volume and/or high-speed roadways, no work will be done on the roadways between the hours of 6:00 AM to 10:00 AM, and between the hours of 3:30 PM to 8:30 PM, Monday through Friday, unless otherwise directed by the Engineer.

All personnel and equipment must be off the traveled way, including shoulders, during the restricted hours. The Engineer reserves the right to alter night work hours to accommodate road-closing schedules as needed.

All scheduled work under this Contract will be done during a specified 8-hour shift, 5 day week, unless otherwise directed by the Engineer. Some Items may require extended work hours.

Authorization to work overtime will only be given when special conditions exist that warrant working overtime as determined by the Engineer.

Prior to the commencement of work, the Department shall approve all work hours on this project.

Work orders may contain restricted hours.

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.

A00801 - 4

CONTRACTOR NOTIFICATION

Scheduled Work

The Contractor will be notified of scheduled work by either a written or electronic Work Order.

The work order will identify the location and a detailed scope of work for the assignment. This work shall be scheduled and commence on site within five (5) days of notification by the Department.

MassDOT may also direct that scheduled or routine assignments shall commence on a particular date and time. If the Contractor has not reported and started work within 4 hours of the time expected, Non-Response damages will be assessed to the Contractor.

Emergency Work

Since it may be necessary for the Contractor to respond to Emergency situations where immediate response is necessary, the Contractor is required to provide to MassDOT the name(s) and telephone number(s) of a person or persons who can be contacted 24 hours a day for the contract's duration, and who has the authority to provide whatever labor, materials, and equipment that may be necessary to address the Emergency.

The Contractor will be notified of Emergency work that REQUIRES IMMEDIATE ATTENTION by verbal and written/electronic Work Order. The work order will identify the location of the work, the scope of the work and details the Engineer’s expectations. The Work Order will also identify lane closure(s) required.

The Contractor will be required to commence this Emergency work on site within two (2) hours, unless otherwise directed, after notification by the Department.

NON-RESPONSE DAMAGES

(Supplementing Subsection 8.11)

Scheduled Work

If after notification, the Contractor has not started scheduled work on site within five (5) days of the notification, a Non-Response damage will be assessed. Contract payments will be reduced by two thousand dollars ($2,000.00) for each day or portion of a day that the work is delayed, excluding Saturdays, Sundays, and Holidays, unless the work was scheduled to be performed on one of these days.

The Non-Response damage for scheduled work can be waived at the discretion of the Engineer when it is deemed that the weather, traffic or other environmental conditions prohibit the performance of the scheduled work.

A00801 - 5

NON-RESPONSE DAMAGES (Continued)

Emergency Work

If after notification, the Contractor has not started Emergency work on site within two (2) hours of the notification, a Non-Response damage will be assessed. Contract payments will be reduced by one thousand dollars ($1,000.00) for each time there is a failure to respond within the specified hours.

The Contractor is advised that operational circumstances may sometimes prevent access or completion of repairs within the specified two (2) hours response window. In such cases, the Contractor shall coordinate with the Engineer to schedule access for the earliest available period of time for MassDOT.

COST ESTIMATES

When the scope of a repair task can be adequately determined and described, the Contractor, upon direction from the Engineer, shall submit a written Cost Estimate for the repair task. Each Cost Estimate shall include:

• An Itemized scope of work

• A working schedule (indicating the number of working days and hours worked each day)

• Work procedures

• A NOT-TO-EXCEED cost breakdown, Itemized by:

• Number and type of workers

• Number and type of equipment

• Materials

• Specialty Contractors

• Additional artisans

• Engineering services

• Any other relevant costs

Submission of a Cost Estimate does not guarantee that the Contractor will be assigned the work.

Payment will be based on actual hours worked at the contractual rates for the various Items as described, up to the maximum task amount.

The Contractor is solely responsible for completing the task once the not-to-exceed amount has been reached. If unforeseen issues arise during the task, the Contractor must submit a revised scope of work to the Engineer, including a comparison with the original scope and a breakdown of additional costs. Any increase to the not-to-exceed amount will require approval from the Engineer and will only be granted if the additional work is justified.

A00801 - 6

REPAIR REPORT

The Contractor shall submit a signed Daily Work Force Report (Form CSD-123) [See Attached- Doc A00814] for each day work is performed under this Contract.

The report must include the following details:

• Number and type of workers

• Actual hours worked on-site for each worker, categorized as regular or overtime

• Work location

• A detailed description of the work accomplished, including square footage or linear footage of materials applied

• SubContractor labor and accomplishments

NON-BID ITEMS

During the course of this contract, conditions may be identified that require labor, equipment, Engineering services, and/or materials that are not listed on the Bid Items.

Payment will be made for the time spent working on the Department's facilities and shall not include travel time to and from the Contractor's place of business. Payment shall also not include time for investigational field trips to find out how much material, equipment, tools, etc., may be needed for the work.

Personnel assigned to perform the work must possess all necessary licenses and tools required for the tasks. These tools are considered incidental to the rates of payment. Workers will be compensated as specified in Item 100.1 - Base Labor Rate.

For work not covered by the Bid Items in this contract, it is the intent to pay for such related work on a time and materials basis, as directed by the Engineer. The payment for such work is outlined in the following sections: Payment for Materials, Payment for Engineering Services, Payment for Specialty Services and Payment for Rental Equipment.

Note: For work covered by the Bid Items in this Contract and also those not covered, there may be situations where the Department has materials or equipment stockpiled. The Department reserves the right to utilize these materials or equipment as seen fit in the prosecution of the Work.

Trades Artisans will be compensated as specified in Items 100.1 “Base Labor Rate”. The Contractor will not bid the materials, equipment rental, and engeneering services Items.

Payment will be based on all certified bills submitted. These bills will cover all charges for labor, materials, and equipment according to the respective terms of the contract.

Bills covering the total charges incurred in any given month are to be submitted by the fifteenth of the following month for processing.

The Contractor will be required to furnish certified copies of any or all payrolls for work performed under this Contract to the Engineer. All submissions will show the name, address, and occupational classification of each employee on said works, the hours worked, and the wages paid to such employee.

A00801 - 7

SUPPLEMENTAL REQUIREMENTS FOR NON-BID ITEMS

(Supplementing Subsection 3.04)

The Contractor will be paid for additional artisans, equipment rental, materials, Engineering services and specialty services required to perform the work plus (10%) percent, plus actual increased bond premium.

The Contractor shall be required to furnish certified paid receipts for additional artisans, equipment rental, materials, Engineering services and specialty services that are required to perform the work prior to payment by the Department. Increased bond premium for additional artisans, equipment rental, materials, Engineering services and specialty services will be paid after a certified paid receipt is submitted showing payment of the increased bond.

ENGINEERING SERVICES COST ESTIMATE

When Engineering designs or other consulting services are deemed necessary by the Engineer, the design firm will submit a cost estimate of the proposed work. This estimate will include the classification, estimated hours needed, and actual hourly rate for each individual anticipated to be used in developing the finished product. The billable rates shall include overhead and profit.

Overhead shall be as approved by MassDOT Audit Section or in absence of approved audited rates a maximum 155% shall apply for overhead. The profit fee is 10%. The billable rate shall be calculated using 1.10*(Base Hourly Rate + Base Hourly*Overhead Rate %).

PAYMENT FOR MATERIALS

MassDOT reserves the right to supply any required materials or parts for the Non-Bid Items of work.

The cost of the transportation of materials and/or parts supplied by MassDOT will be included under Item 100.1

Payments for the installation of materials and/or parts will be made under Item 100.1.

In the event that MassDOT does not supply materials or parts, the Contractor will be paid his actual material or supplies cost that are required to maintain or repair a facility plus 10 percent up to a maximum of $1,000 per incident/order for materials or parts supplied by him. Any arrangements for the purchase of materials will be considered incidental. Delivery charges will be reimbursed as actual costs without markup. State and Federal taxes if billed will not be reimbursed by MassDOT.

Materials shall not be ordered until approved by the Engineer and a minimum of two competitive prices must be submitted to the Engineer and a third competitive price may be requested by the Engineer.

The Contractor is required to obtain permission from the Engineer before using artisans for the acquisition of materials and equipment.

A00801 - 8

PAYMENT FOR MATERIALS (Continued)

The Department will at times perform facilities maintenance work with its own personnel. The Contractor will make available to the Department, any materials or supplies necessary to do this work within the provisions of this contract.

The Contractor shall be required to furnish certified paid receipts for all materials that are required to maintain or repair a facility prior to payment by the Department.

The Department strongly encourages the use of recycled products. The Contractor should identify whenever recycled products are used.

The following documentation must be submitted to the Engineer, when required, when permanent equipment is installed before scheduling a final inspection. The Contractor shall submit two (2) sets of Operation and Maintenance Manuals. Each manual shall include the following minimum requirements:

As-built wiring, piping schematics Model, serial numbers and capacities Maintenance and repair procedures.

Warranty documents.

Certified Test Reports

Paper Sizes and Quality

• All documents should preferably be produced in the A4 paper size (8.5 in × 11 in).

• As-built documents and other larger material should preferably be A3 paper size (11 in x

17 in).

Bind or contain each hard copy of the operations and maintenance manuals in white, durable, four ring hard cover binders, not greater than 3 inch thick and, with the Project, Facility, Manual Name (Trade, Service or System Name e.g. Hydraulics Services) permanently marked on the spine and outside front cover with clear protection on the covers.

Front Cover will contain the following:

• Project Title

• The Location Name – the name of the MassDOT Depot/facility on which the works are undertaken (where a project spans a number of locations separate O&M Manuals are to be provided for each Base)

• The Manual Name – the title of the trade, service or systems covered by this Manual, e.g.

- Electrical Fire Services

• The Author – the author or organization responsible for creation of the Manual e.g.

Contractor and/or Sub-Contractor

• The date of publication

A00801 - 9

PAYMENT FOR ENGINEERING SERVICES

If, at any time during the prosecution of this contract, consultant-Engineering services are required, said services shall be paid for under this section, Payment for Engineering Services. Services provided by Engineers and/or Architects shall be Registered and/or Licensed in the State of Massachusetts.

The Engineer shall approve the selection of all Engineering/Architectural Consultants and proposed costs prior to any design work being undertaken. The Contractor shall be required to furnish certified paid receipts for all services that are required to maintain or repair a facility prior to payment by the Department.

The Contractor will be reimbursed actual expenses plus 10% for Engineering Services that may be required to perform certain work. However, no services shall be obtained until approved by the Engineer. A minimum of two (3) competitive prices must be submitted to the Engineer. A specific sub-Contractor may be designated by the Engineer to do certain work.

When Engineering designs or other consulting services are deemed necessary by the Engineer, the design firm will submit a cost estimate of the proposed work. This estimate will include the classification, estimated hours needed, and actual hourly rate for each individual anticipated to be used in developing the finished product. The billable rates shall include overhead and profit.

Overhead shall be as approved by MassDOT Audit Section or in absence of approved audited rates a maximum 155% shall apply for overhead. The profit fee is 10%. The billable rate shall be calculated using 1.10*(Base Hourly Rate + Base Hourly*Overhead Rate %).

PAYMENT FOR RENTAL EQUIPMENT

The Contractor will be paid his actual cost for rental equipment that may be required to perform certain repair work plus ten (10) percent. However, no equipment shall be rented until approved by the Engineer. The rental equipment shall not be part of the tradesman basic tool kit as specified under Item 100.1 (“Base Labor Rate”).

Contractor-owned equipment required under this Contract, (with the exception of equipment listed under the various artisans descriptions in Item 100.1, (“Base Labor Rate”) will be reimbursed in the format outlined under Subsection 9.03 “Payment for extra Work” Section C Standard Specifications for Highways and Bridges.

Rental Equipment will not carry any overtime premium rate after being in full operation for more than 8 hours in a day. The Contractor will receive compensation for the operator of the “Rental Equipment” used for “Related Work” Items, in accordance with the wage rates included in the Contract with no additional increase, i.e. +10% markup, unless the rented equipment cost includes the operator.

During down time, the Contractor will be paid for equipment at the rate of stand-by time per Subsection 9.03 “Payment for extra Work” Section C Standard Specifications for Highways and Bridges and as amended.

A00801 - 10

PAYMENT FOR RENTAL EQUIPMENT (Continued)

Operators of non-specialized equipment, as determined by the Engineer, shall be compensated as specified in Item 100.1 “Base Labor Rate”. For example, a scissor lift will be considered “non-specialized”. The tool truck that is used by the tradesmen to carry the tradesmen and his toolkit will not be considered as equipment.

The Contractor must get the authorization of the Resident Engineer before any equipment is rented and a minimum of three competitive prices must be submitted to the Engineer for approval.

All rental equipment and tools shall be in excellent working condition. At the discretion of the Engineer, the Contractor shall not be paid for equipment down time due to mechanical failure or for being taken out of service by the Contractor.

Equipment shall be returned to the vendor in a timely manner. Equipment not promptly returned to the vendor may be pro-rated at the discretion of the Engineer for the time period beyond the equipment’s usefulness.

The Contractor shall be required to furnish certified paid receipts for all rental equipment that is required to maintain or repair the facility prior to payment by the Department.

PAYMENT FOR SPECIALTY SERVICES

The Contractor will be paid his actual cost (plus 10%) for the services of a specialty subContractor that may be required to perform certain work, not covered under the Items of this contract. However, no services shall be obtained until approved by the Engineer.

Should the Contractor perform work outside the scope of the bid Items contained in this contract, the additional work may be paid for under the Specialty Services Item. The Contractor shall submit a time and material calculation sheet for the additional work for review and approval. Payment shall be made based on the approved calculation sheet. Any bid Item work done with additional work shall be paid under the respective contract bid Items.

Competitive prices may be required if requested by the Engineer. A specific sub-Contractor may be designated by the Engineer to do certain work. The Contractor will provide the Engineer with the name(s) and telephone number(s) of the sub-Contractor's representative who can be contacted 24 hours a day for the contract's duration, and who has the authority to provide whatever labor, materials and equipment which may be necessary to address an Emergency. It is the intent of this contract that the Engineer will have direct contact with the approved designated sub-Contractor during an Emergency.

Specialty Services is also included on this Contract to reimburse the Contractor for any work related to inspection, testing, removal and proper disposal of asbestos contaminated materials, if it is encountered during Construction time, as required by the Engineer.

The Specialty services will be ordered as required by the Engineer; however, no Specialty Services shall be hired until approved by the Engineer.

A00801 - 11

SUBSECTIONS 7.15, 8.11 AND 9.05 PAYMENT PROVISIONS

MassDOT contracts for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building with a PV of more than $5,000 are subject to the payment provisions set forth in the first paragraph of M.G.L. Chapter 30, Section 39K. Delete citations to M.G.L. c. 30, Section 39G, which sets forth payment provisions for contracts for the construction, reconstruction, alteration, remodeling, repair or improvement of public works, in Subsections 7.15,

8.11 and 9.05, and insert in each place a citation to M.G.L. c. 30, Section 39K.

Also, delete from Subsection 7.15 M.G.L. Chapter 30, Section 39G, which is set forth in its entirety, and insert in its place the following text:

Section 39K. Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building by the commonwealth, or by any county, city, town, district, board, commission or other public body, when the amount is more than five thousand dollars in the case of the commonwealth and more than two thousand dollars in the case of any county, city, town, district, board, commission or other public body, shall contain the following paragraph:— Within fifteen days (30 days in the case of the commonwealth, including local housing authorities) after receipt from the Contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding authority will make a periodic payment to the Contractor for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the Contractor has title or to which a subContractor has title and has authorized the Contractor to transfer title to the awarding authority, upon certification by the Contractor that he is the lawful owner and that the materials are free from all encumbrances, but less (1) a retention based on its estimate of the fair value of its claims against the Contractor and less (2) a retention for direct payments to subContractors based on demands for same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within sixty-five days after (a) the Contractor fully completes the work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the awarding authority, less than one per cent of the original contract price, or (b) the Contractor substantially completes the work and the awarding authority takes possession for occupancy, whichever occurs first, the awarding authority shall pay the Contractor the entire balance due on the contract less (1) a retention based on its estimate of the fair value of its claims against the Contractor and of the cost of completing the incomplete and unsatisfactory Items of work and less (2) a retention for direct payments to subContractors based on demands for same in accordance with the provisions of section thirty-nine F, or based on the record of payments by the Contractor to the subContractors under this contract if such record of payment indicates that the Contractor has not paid subContractors as provided in section thirty-nine F.

A00801 - 12

SUBSECTIONS 7.15, 8.11 AND 9.05 PAYMENT PROVISIONS (Continued)

If the awarding authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the Contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days (twenty-four days in the case of the commonwealth) after receipt of such a periodic estimate from the Contractor, at the place designated by the awarding authority if such a place is so designated. The Contractor agrees to pay to each subContractor a portion of any such interest paid in accordance with the amount due each subContractor.

All other provisions in Subsections 7.15, 8.11 and 9.05 apply.

SUBSECTION 8.01 SUBLETTING OR ASSIGNMENT OF CONTRACT

M.G.L Chapter 149 Vertical Construction Projects have no requirement for the prime Contractor to self-perform 50% of the original total contract price. Delete the following from Subsection 8.01: “In the case such consent is given, the Contractor will be permitted to sublet a portion thereof, but shall perform with his/her own organization, work amounting to not less than 50% of the original total Contract price, except that any Items designated in the Contract as “specialty Items” may be performed by Subcontract and the cost of any such specialty Items so performed by Subcontracts may be deducted from the total cost computing the amount of work required to be performed by the Contractor with his/her own organization”. All other provisions in Subsection

8.01 apply.

NOTICE TO OWNERS OF UTILITIES

The Contractor shall investigate to determine the existence of other utilities that may be affected by the Contractor’s operations.

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 the commencement of such operations and the Contractor shall at that time file a copy of such notice with the Engineer.

The District Office maintains a list of utility contact persons, addresses, and telephone numbers for each town, which may be requested by the Contractor for each location of work.

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

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

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

A00801 - 13

NATIONAL GRID EMERGENCY TELEPHONE NUMBERS

GAS:

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

ELECTRIC:

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

EVERSOURCE EMERGENCY TELEPHONE NUMBERS

GAS:

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

ELECTRIC:

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

PROTECTION OF WORK

The Contractor shall protect, at his own expense, his own materials and work from any cause and shall protect materials and work of others from direct and consequential damage, including floods and fires due to his operations. The Contractor using tradesmen skilled in the various trades involved, at no extra expense to the owner, shall repair any such damage during the construction and/or guarantee.

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.

A00801 - 14

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.

LAWS/ORDINANCES

The Contractor shall, in the performance of his work under this contract, comply with all the laws, ordinances, codes, rules and regulations of all local and state government authorities, as well as the rules of the National Fire Protection Association, having jurisdiction over the premises and of any public utilities specified. However, requirements in the specifications shall be followed when in excess of local and state minimum requirements.

The Contractor shall procure all required permits and licenses, pay all charges, fees, inspection costs, and taxes and shall give all notices necessary and incidental to the due and lawful prosecution of the work.

The Contractor must submit receipt of payments for costs of procuring required permits and licenses and shall be reimbursed by the Department based on these receipts. Copies of all required permits and licenses shall be filed with the Engineer prior to the beginning of work requiring said permit.

A00801 - 15

PRECAUTIONS FOR PROTECTION OF THE ENVIRONMENT

During the execution of work under this Contract, the Contractor shall exercise care in the placement and storage of equipment, materials and debris as many of the sites are in environmentally sensitive areas. No equipment, materials or debris can be placed or stored in or near a resource or drainage area leading to a resource as directed by the Engineer. If work to be performed under this contract is within a Wetland and/or Resource Area in accordance with any and all Federal or State laws or regulations, then the Contractor is advised that no work can occur in said work area until all required environmental permitting has been obtained. Environmental permitting shall be performed by the District Environmental Engineer. The Contractor shall have no claim for additional compensation or damages on account of any delays involved in obtaining necessary environmental permits. The Contractor is hereby notified that he will be responsible to comply with all requirements of said environmental permits obtained under this contract.

ENVIRONMENTAL PERMITS, CONDITIONS & RESTRICTIONS

No environmental permits have been obtained in advance for this Contract. No work can occur on or otherwise impact water or wetland resource areas until all environmental permits have been obtained.

If field conditions and/or Contractor-suggested methodologies warrant obtaining environmental permits, the Contractor must notify the Resident Engineer prior to commencement of the proposed activity. The Resident Engineer will coordinate all contact with Local, State or Federal environmental agencies with the MassDOT Environmental Section.

No debris of any type shall be allowed to enter the water or wetlands resource areas, either temporarily or permanently.

The Contractor is further advised that any and all-time delays as a result of filing for and obtaining permits, are not subject to a claim. Also, the Contractor may be required to submit additional information with respect to proposed work subject to environmental regulations.

The Contractor shall not enter upon or otherwise disturb in any way any existing wetlands, bank, land under water body, or land subject to flooding. No other work shall be undertaken until all erosion control measures are in place.

Any equipment or machinery found to be leaking oils or lubricants (or any pollutive substance) shall be immediately removed from the site of operation and not returned until fully repaired.

The Contractor shall be equipped to prevent the spreading of pollutants beyond the limits of the construction activity areas and undertake measures necessary to remove pollutants from streams affected by his activities, as required by the provisions of the Massachusetts Clean Water Act. The Massachusetts Department of Environmental Protection, 100 Cambridge Street, Boston, MA 02134, may be contacted regarding such appropriate measures applicable to specific situations.

A00801 - 16

ENVIRONMENTAL

The Contractor is hereby notified that components of the existing facility buildings may contain asbestos, lead or other hazardous materials. The Contract shall not proceed with any demolition, excavation or construction activity without ensuring that such activity does not pose a hazard to the environment or to worker health and safety.

Contaminated Soils If excavation work is to be performed, then the Contractor must be aware of potential oil and hazardous material impacts due to contaminated soil. When contaminated soil is encountered the Contractor shall consult the MassDOT Resident Engineer prior any excavation activities. 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.

Asbestos-Containing Material Building materials within and on the exterior of maintenance facility buildings may contain asbestos. Prior to the start of any work that may disturb building materials, the District Asbestos Coordinator shall be consulted to determine if any ACM is present in areas where renovation and/or demolition work will be conducted establishing a procedure for identifying and abating ACM prior to any renovation or demolition activities.

Since the locations of involving asbestos are unknown, the Contractor will not be required to submit the necessary asbestos insurance amounts prior to execution of the Contract. However, this shall not be construed as relieving, waiving or limiting the Contractor’s responsibility or liability for complying with all applicable asbestos-related laws, regulations, safety requirements, or contractual obligations if asbestos-containing materials are encountered during the performance of the work. Upon discovery of suspected of confirmed ACM, the Contractor shall immediately stop work in the affected area, notify the Engineer, and proceed only as directed by the Department.

PCBs in Building Materials Polychlorinated biphenyls (PCBs) may be found in various building materials, most commonly caulk and other sealants. The potential for a building material to contain PCBs should be evaluated prior to any disturbance, and PCB-containing building materials must be handled and disposed of in accordance with all applicable regulations.

Lead-Based Paint Lead-based paint may be encountered during repair work on facility buildings. Before any work that will disturb paint is initiated, steps should be taken to determine whether the paint contains lead.

Light Ballasts and/or Lamps Light ballasts may contain PCBs, and fluorescent and other lamps may contain mercury.

Therefore, waste generated from work on lighting systems should be managed in accordance with the regulations and requirements of local authorities governing the disposal of such materials.

A00801 - 17

ENVIRONMENTAL (Continued)

Other Universal Wastes Examples of other universal wastes that may be encountered during maintenance and repair work include batteries and mercury switches and thermostats.

Disposal of Treated Wood Products The timber components of the existing structures are suspected to be treated with: creosote, pentachlorophenol, and/or CCA. This Item shall include all costs for sampling, laboratory testing, loading, transportation and disposal of the treated wood. The Contractor is required to submit disposal manifests to the Engineer prior to the completion of the contract. All aspects of this Item are to be completed in accordance with state and federal regulations.

Compensation All work in conjunction with the proper, legal disposal of hazardous materials shall be considered as a reimbursable expense. The Contractor will be compensated under Non-Bid Item “Specialty Services”. The Department reserves the right to employ other parties to perform work indicated above.

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.

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.

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.

A00801 - 18

HOLIDAY WORK RESTRICTIONS (Continued)

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

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.

A00801 - 19

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 reviewed by MassDOT Highway Division’s Environmental Services Section and has been determined to have “No Effect” on the northern long-eared bat and tricolored bat. No time of year restrictions are required for the project at this time.

If the project scope changes (i.e., tree clearing, bridge work, federal permits), additional review is required by the MassDOT Highway Division’s Environmental Services Section. Contact MassDOT Environmental Services - Wildlife & Endangered Species Unit Supervisor (David Paulson, david.j.paulson@dot.state.ma.us, 857-262-3378) for review.

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.

SCHEDULE OF OPERATIONS - SCHEDULE TYPE

The applicable schedule type for this project is Type D

RECORD OF CONTRACTORS PERFORMANCE – CHAPTER 149

The Engineer will provide the Division of Capital Asset Management with a written evaluation of Contractor performance within 70 days of completion of the project for the prime Contractor, and within 90 days of completion for the filed sub Contractors. The Engineer will also provide preliminary evaluations at approximately the fifty-percent (50%) point of each Contractors work, in addition to final evaluations of all Contractors. Document 00438 Standard Contractor Evaluation Form - Chapter 149 is provided for the Engineer’s convenience. See https://www.mass.gov/lists/dcamm-forms-guidelines-manuals-standards-and-templates for the latest forms.

mailto:david.j.paulson@dot.state.ma.us https://www.mass.gov/lists/dcamm-forms-guidelines-manuals-standards-and-templates

A00801 - 20

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…