A00801-614098.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 614098-135784

A00801 - 1

DOCUMENT A00801

SPECIAL PROVISIONS

DISTRICT 3

Bridge Deck Wearing Surface Repairs 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 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 to be done under this Contract consists of bridge deck wearing surface repairs performed on bridges, culverts, and viaducts under the control of District 3 at various locations. The Contractor will be notified for the repairs by work order per each Location.

The Work will include but not be limited to:

1) Removal and replacement of the existing HMA wearing surface at the approaches and on the deck.

2) Partial depth and/or full depth excavation of the existing reinforced cement concrete decks where deterioration has occurred as required by the Engineer.

3) Replacement of the excavated concrete with rapid hardening cementitious product as specified by the Engineer.

4) Repairs to curbs, expansion and/or fixed joints, copings, parapets, and sidewalks.

5) For small patches, Item 451. will be used. This scope may require the use of a hotbox.

6) For complete deck resurfacing, the pavement types and thicknesses will vary by location and will be determined by the Engineer in consultation with Pavement Management.

7) Miscellaneous repairs to various bridge appurtenances.

8) Related traffic management.

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SCOPE OF WORK (Continued)

Where work is directed by the Engineer and is not in the list of bid items, the Contractor will be reimbursed under Non-Bid Items and Item 100.1 Base Labor Rate (Time and Materials).

All work shall be performed within, and accessed by, existing State, City or Town roadway layouts. No rights to enter on or occupy private property have been acquired for this project.

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 mailto:MassDOTSpecifications@dot.state.ma.us

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LOCATION OF WORK

Work under this contract may include any bridges, viaducts, tunnels, and approach ramps within District 3 as assigned by the Engineer. The following web link provides the cities and towns under the jurisdiction of District 3:

https://www.mass.gov/service-details/find-your-highway-district-office Select the district and click “Submit” button.

MassDOT - Highway Division reserves the right to add additional bridges or locations throughout the duration of this contract. Further information as to the bridges may be obtained at the District 3 Office at 499 Plantation Parkway, Worcester, MA 01605

No work shall be performed under this contract until specifically authorized and directed by the Engineer. Furthermore, this Contract does not assign to the Contractor complete maintenance of the bridges owned by the Department. 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 of specific items.

Some of the bridges, due to their height (vertical clearance), will require special lifting equipment to place shielding and/or formwork for the assigned bridge repair work. Any equipment required to erect shielding and/or formwork shall be incidental to the relevant contract items.

RAILROAD INSURANCE REQUIREMENTS

RAILROAD CONTACT INFORMATION

CSX CSX –Flagger 1 Bell Crossing Road 4 Neshaminy Interplex Selkirk, NY 12158 Suite 205 Attn: John Heigel Trevose, PA 19053

(518) 767 – 6373 Derek S. Mihaly Office: 215-218-3391 derek_mihaly@csx.com

New England Central Railroad NECRR Flagging 2 Federal Street – Suite 201 Deb.Bocash@GWRR.com St. Albans, VT 05478 (802) - 527 - 3444 Attn: Donna Killingworth Timothy.Lesniak@GWRR.com

(585) 785 – 6400 Roadmaster

(860) – 817 - 5847

Pan Am Railways (Formerly B&M RR) 1700 – Iron Horse Park North Billerica, MA 01862 Attn: Shawn Higgins Linda Breen – Billing and Collection shiggins@panam.com

(978) 663 – 1127; (978) - 663 - 1062 https://www.mass.gov/service-details/find-your-highway-district-office mailto:derek_mihaly@csx.com mailto:Deb.Bocash@GWRR.com mailto:Timothy.Lesniak@GWRR.com mailto:shiggins@panam.com

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RAILROAD CONTACT INFORMATION (Continued)

Genesee & Wyoming Railroad Genesee & Wyoming Railroad Flagging Charles Hunter AVP Government Affairs G&W RR Services, Inc.

802-309-8831

Mass. Central Railroad Mass Central Railroad Flagging P.O. Box 250 South Barre, MA 01074 Attn: Robert Bentley

(978) 355-5900

Pioneer Valley Railroad Pioneer Valley Railroad Flagging P.O. Box 995 – 1 Depot Street Attn: Justin Tilton Westfield, MA 01085 (413) – 568 - 3331 (office); (413) – 458 - 8266 (cell)

AMTRAK, Contractor Safety** AMTRAK Flagging 30th & Market Street Philadelphia, PA 1904 Attn: Dawn Bey

(215) 349-1553

MBTA

100 Summer Street - Suite 1200 Boston, MA 02110 Christine Bresnahan CBresnahan@mbta.com

(617) 222-3361

**Note: Prior to the start of the Contract, the Contractor is required to obtain AMTRAK safety and security certificates for respective personnel that will work on bridges involving AMTRAK rail lines. The cost of the training shall be borne by the Contractor. A copy of the certificates shall be provided to the Engineer. The Contractor shall abide by all AMTRAK and Federal Regulations and requirements when working on AMTRAK property. It should be noted that all workers are required to wear Orange reflectorized vests when working on or near AMTRAK property. No other color safety vest shall be used.

Contractors shall have their field staff properly ROW trained with valid ROW training cards to be allowed access to enter upon RR Property when necessary. If directed by the Engineer, the Contractor shall have crews trained for MBTA, Keolis, and Amtrak ROW immediately upon NTP.

If directed by the Engineer, the Contractor shall begin the application process for Right of Entry/License Agreements for railroad entities designated by the Engineer. Such agreements are for providing a timely response to emergency work orders. The Contractor shall obtain additional site specific access agreements for the follow up scheduled repair.

mailto:CBresnahan@mbta.com

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SCHEDULE OF WORK

All proposed work hours shall conform to Subsection 7.09 and be subject to the written approval of the Engineer.

For specific locations, allowable work hours will be determined by the District Highway Director or designated representative. On high volume and/or high-speed roadways, work may be restricted to non-peak hours or night work as required by the Engineer to avoid peak traffic volumes and to maintain safety and productivity.

Night Time Work All work locations requiring night hours, as approved by the Engineer, are restricted as follows:

Sunday 9:00 PM to 5:00 AM Monday Monday 9:00 PM to 5:00 AM Tuesday Tuesday 9:00 PM to 5:00 AM Wednesday Wednesday 9:00 PM to 5:00 AM Thursday Thursday 9:00 PM to 5:00 AM Friday

Work may not proceed beyond the normal 8-hour day unless prior approval is obtained from the Engineer for that day. Approval to work beyond the scheduled work will only be given when special conditions exist that warrant working beyond the scheduled work, as determined by the Engineer.

The Contractor may schedule night shifts longer than 8-hours with prior approval by the Engineer.

No additional compensation will be made for work scheduled during nighttime or longer working hours.

No entrance or exit ramp shall be closed to traffic except between the hours of 9:00 PM and 5:00 AM the following day or as directed. The Contractor shall be required to schedule the work activities such that not more than one ramp shall be closed during any given work period.

These time periods include the "set-up" and "breakdown" of the traffic pattern employed. No operations, personnel, or equipment will be allowed on the roadways except during working hours.

The work hour restrictions do not apply to emergency conditions, as determined by the Engineer.

CONTRACTOR ACCESS

Contractors shall be aware that there are multi-span bridges with piers located away from the road and or near rivers and streams. No separate payment will be made for access roads to get equipment or personnel to the work site or for staging access to repair areas, etc., but all costs in connection therewith shall be included in the Contract.

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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.

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.

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HOLIDAY WORK RESTRICTIONS (Continued)

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.

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.

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.

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. As there is no Federal nexus (Federal funding or permits) for this project, Section 7 consultation was not required or conducted. However, Section 9 of the ESA prohibits anyone from “taking” or harming an endangered species, and the below language shall be adhered to in order to maintain compliance with the ESA.

If any of the project locations require work within U.S. Army Corps of Engineers (ACOE) jurisdictional wetlands, the ACOE will be the lead federal agency for ESA consultation with the U.S.

Fish & Wildlife Service (USFWS). Most consultations for the NLEB take 30 days.

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NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION

(Continued)

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 & Endangered Species Unit Supervisor (David Paulson, david.j.paulson@dot.state.ma.us, 857-262-3378) for questions about project limits, restrictions, or conservation measures.

The Resident Engineer can check on the status of AMM applicability by sending a locus map of the proposed work to MassDOT Highway Division’s Environmental Services Section - Wildlife & Endangered Species Unit Supervisor for review and a determination if some of the AMMs and TOY restriction can be waived.

Required AMM for all projects:

• 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 Bat 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.

If temporary lighting is proposed within the project scope, the following AMM is applicable:

Lighting AMM:

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

October 31.

If the Removal of Trees and/or Woody Vegetation >3-inch in diameter is proposed within the project scope, the following AMMs are applicable:

Tree 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).

• In order to protect northern long-eared bats and their young during their active season, no tree cutting shall be conducted during the Time of Year (TOY) restriction of April 15 to October 31.

• Do not remove documented or NLEB roosts that are still suitable for roosting, or trees within

0.25 miles of roosts, or documented foraging habitat any time of year (http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/species-information-and-conservation/rare-mammals/northern-long-eared-bat.html).

• The Contractor shall ensure all personnel working in on the project site are aware of all environmental commitments related to NLEB and TCB, including the TOY restriction.

mailto:david.j.paulson@dot.state.ma.us https://www.fws.gov/midwest/endangered/mammals/nleb/ http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/species-information-and-conservation/rare-mammals/northern-long-eared-bat.html http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/species-information-and-conservation/rare-mammals/northern-long-eared-bat.html

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NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION

(Continued)

If the Bridge Work is proposed within the project scope, the following AMMs are applicable:

Bridge AMMs:

• Bridge AMM 1 - To completely avoid direct effects to roosting bats, perform any bridge removal, replacement, and/or maintenance work during the winter hibernation period unless a hibernating colony of bats is present (contact your local USFWS Field Office for exact dates).

Also, follow Bridge AMM 4.

o Note: Bridge AMM 1 is an avoidance measure for direct effects; the full implementation of which may not always be practicable. If bridge removal, replacement, and/or maintenance work must be performed outside of the winter hibernation period, then follow Bridge AMMs 2-4.

• Bridge AMM 2 - Colony or Assuming Presence of Bats o If assuming presence of bats or if bridge assessment or P/A surveys suggest presence of a colony of bats, and work is conducted during the active season, ensure activity will not disturb bats. The following types of bridge work can generally be conducted with the presence of bats:

above deck work where construction equipment or materials do not extend to the underside of deck where bats may be located (e.g., materials that may drip down to underside of deck), or does not include percussives (vibration) or noise levels above general traffic (e.g., road line painting, wing-wall work).

below deck work that is conducted away from roosting bats and does not involve percussives or noise level above general traffic (e.g., wing-wall work, some abutment, beam end, scour, or pier repair).

• Bridge AMM 3 - Small Number of Bats o If bridge assessment or P/A surveys suggest presence of a small number of bats (<5 – not a colony), and work is conducted during the active season, the following types of bridge work can generally be conducted with the presence of bats:

above deck work where construction equipment or materials do not extend to the underside of deck where bats may be located (e.g., materials that may drip down to underside of deck), or does not include percussives (vibration) or noise levels above general traffic (e.g., road line painting, wing-wall work).

below deck work that is conducted away from roosting bats and does not involve percussives or noise level above general traffic (e.g., wing-wall work, some abutment, beam end, scour, or pier repair).

any other bridge removal, replacement, and/or maintenance work (which may include activities with percussives) conducted in the evening while the bats are feeding, starting one hour after sunset, and ending one hour before daylight excluding the hours between 10 p.m. and midnight and keep the light localized.

• Bridge AMM 4 - If assuming presence of bats, or if bridge assessment or P/A surveys suggest presence of bats, ensure suitable roosting habitat is maintained. Suitable roosting sites may be incorporated into the design of a new bridge.

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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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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.

NOTICE TO OWNERS OF UTILITIES

(Supplementing Subsection 7.13)

District 3 Utility/Constructability Engineer Ross Goodale (508) 929-3938 Ross.A.Goodale@dot.state.ma.us

If available, existing bridge plans indicate the location of the existing known utilities in the vicinity of the work. As the accuracy and completeness of the plans are not guaranteed in any manner, it is the Contractor’s responsibility to make their own investigation to assure that no damage to existing structures, drainage lines, traffic signal conduits, etc., will occur.

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 the Contractor’s 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.

mailto:Ross.A.Goodale@dot.state.ma.us

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NOTICE TO OWNERS OF UTILITIES (Contined)

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

https://www.mass.gov/info-details/utility-contacts-by-district-and-municipality Select District Select the City/Town, and then locate the utility The utility contact list is for guidance only and is not guaranteed to be complete or up to date.

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

NOTIFICATION OF PUBLIC OFFICIALS

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

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

The Contractor shall inform the following officials in each area that he is assigned to work in:

Superintendent, Department of Public Works, or Town Engineer. Superintendent, Water Department, Superintendent, Sewer Departments. Police Department, Fire Department, Electric Company, Railroads.

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

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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.

NON-BID ITEMS

For work not covered by the various 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 Rental Equipment, Payment for Engineering Services, Payment for Specialty Services/Additional Artisans.

A. PAYMENT FOR MATERIALS

The Contractor will be paid the actual cost for materials that are required to maintain or repair a bridge but are not covered under the Contract bid Items plus ten (10) percent. Any arrangements for the purchase of materials will be considered incidental. Delivery charges will be incidental to the material charges. State and Federal taxes if billed will not be reimbursed by MassDOT. No materials shall be ordered until approved by the Engineer and competitive prices may be required if the Engineer directs.

The District may have surplus materials on hand that could be included into the work.

The transportation of materials and/or parts supplied by MassDOT will be included for payment under Item 100.1.

Payments for the installation of materials and/or parts will be made under Item 100.1 All materials which are necessary to perform the work under the various contract bid items shall be incidental to those Items at no additional compensation.

B. PAYMENT FOR RENTAL EQUIPMENT

The Contractor will be paid the actual rental cost for the equipment, which may be required to perform certain repair work that has not been included in the contract bid items, plus ten (10) percent. No equipment shall be rented until approved by the Engineer. The rental equipment shall not be part of the tradesman basic toolbox 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 of the Standard

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NON-BID ITEMS (Continued)

Specifications. Rental Equipment will not carry any overtime premium rate after being in full operation for more than 8 hours in a day.

Unless the rented equipment cost includes the operator, the Contractor will receive compensation for the operator of the “Rental Equipment” used for “Related Work” as specified in Item 100.1 Base Labor Rate.

The Contractor must get the authorization of the Resident Engineer before any equipment is rented and competitive prices may be required if the Engineer directs.

All rental equipment and tools shall be in excellent working condition. The Contractor shall not be paid for the time that the equipment is broken down.

The actual cost for rental equipment including equipment that is required when working from water below (i.e., barge equipped with 60' or higher boom lift, boat, operator, and other safety equipment) shall be judged in accordance with the rate specified in the Rental Blue Book and it is the Contractor's responsibility to provide a copy of this Blue Book to the Department. The rental compensation shall also include the cost of a boat captain/tender crew. The rental for equipment will be paid on an hourly basis and will not carry any overtime rate after eight hours of operation.

All rental equipment and tools which are necessary to prosecute the work under the various contract bid items shall be incidental to those Items at no additional compensation.

C. PAYMENT FOR ENGINEERING SERVICES

Each non-routine structural repair for which there is no Contract bid Item to cover the work, the Contractor shall submit a design by a Professional Engineer of the appropriate discipline registered in Massachusetts (who shall be from the Department's approved consultant list) within one week of notification (seven (7) calendar days after receipt of formal Work Order).

This design shall address all structural defects itemized in the Work Order. It shall be submitted to the Engineer and the proper railroad authority (i.e., Amtrak, MBTA. etc.) when applicable.

The Contractor must get the proposed design approved by both the Engineer and proper railroad authority (when applicable) prior to commencing any work.

The Contractor will be paid the actual cost for the Engineering Services for the structural design by a Professional Engineer of the appropriate discipline registered in Massachusetts, plus ten (10) percent when any Engineering Services are required for work done on a time and materials basis for which there is no bid Item. The Engineer shall approve all engineering costs prior to any design work being undertaken.

All engineering services which are necessary to prosecute the work under the various Contract bid items shall be incidental to those Items at no additional compensation.

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NON-BID ITEMS (Continued)

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 %).

D. PAYMENT FOR SPECIALTY SERVICES/ ADDITIONAL ARTISANS

The Contractor will be paid for any artisans that are not categorized under Item 100.1 “Base Labor Rate” (Regardless of whether the additional artisans are hired by the Contractor as a specialty sub-contractor crew, or as an individual artisan) required to repair or maintain the bridges or any work that has not been included as incidental to any Contract Bid Item plus ten (10) percent.

However, no artisans shall be hired until approved by the Engineer and competitive prices may be required if the Engineer so directs. The Contractor will not bid this item. If the Engineer has knowledge of source of additional artisans, which are competitive with the Contractor's choice, then the Contractor may be required to investigate and use an alternative choice.

COST ESTIMATES

Where the scope of a repair task can be adequately determined and described, the Contractor, when directed by the Engineer, shall be required to submit a Cost Estimate for the repair task.

Each Cost Estimate, submitted in writing, shall include an itemized scope of work, a working schedule (including the number of working days and hours worked each day by each category of artisan), work procedures and a NOT-TO-EXCEED cost breakdown itemized by the following:

the number and type of workers, the number and type of equipment, barges, materials, specialty contractors, engineering services, traffic controls and police, etc. The Cost Estimate submittal must also state if roadway closures and waterway and/or bridge closures will be required.

The Engineer will approve each Cost Estimate submittal in writing. A submittal does not guarantee the Contractor will be assigned the work. Payment will be based on actual hours worked at the contractual rates for various items as previously described up to the maximum task amount.

Completion of the task is the sole responsibility of the Contractor once the not-to- exceed amount has been reached. Should unforeseen problems develop during the task completion, the Contractor will submit to the Engineer a revised scope of work with a comparison to the original scope of work along with a breakdown of the additional costs for approval by the Engineer.

Approval for any increases to the agreed upon not-to-exceed cost will be dependent upon the justification of the additional work.

If the Contractor performs work which is not provided for in this Contract, or which was not authorized in writing by the Engineer, said Contractor shall receive no compensation for such work.

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COST ESTIMATES

The management of the project and generating Cost Estimates, including such items as the planning of repair details, hiring of subcontractors, meetings with affected parties, scheduling of required artisans, purchasing of the necessary materials and the arrangement of equipment rentals, etc., will be considered incidental to the work and as such, no additional compensation will be provided.

RATES OF PAYMENT

Payment for Non-Bid Items and Item 100.1 Base Labor Rate will be made for time spent on the project doing actual work on the Department's bridges and shall NOT include travel time to and from the Contractor's place of business and it shall also not include time for investigative field trips to find out how much material, equipment, tools, etc., may be needed for the work.

All equipment, materials, engineering costs and artisans’ compensation which are necessary to prosecute the work under the various contract bid items shall be incidental to those bid Items at no additional compensation.

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

The Contractor will be reimbursed for the total actual cost (plus a percentage markup as indicated) for materials, equipment rental, additional artisans and engineering services required for related work directed by the Engineer. Artisans will be compensated as specified in Item

100.1 “Base Labor Rate”. The Contractor will not bid the materials, equipment rental, additional artisan, and engineering services Items.

Payment for Non-Bid Items will be based on bills submitted, covering 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 is encouraged to submit bills/invoices of all charges to the Engineer by the 15th of the following month. It shall be required that the Contractor furnish certified copies of any or all payrolls for the Contract, showing the name, address, and occupational classification of each employee on said works, the hours worked by, and the wages paid to such employee.

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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.

SPECIAL NOTES REGARDING PREVAILING WAGE REQUIREMENTS

Item 100.1, Base Labor Rate establishes a unit price for the Department’s compensation to the Contractor for furnishing competent artisans to maintain and repair various components of the bridges. Nothing herein should be construed as establishing, altering or otherwise affecting the prevailing wages rates applicable to the work performed or relieving the Contractor of its obligations to ensure that workers are paid in accordance with applicable labor and wage laws.

Note that the erection and dismantling of scaffolding, rigging and containment for bridge painting work is subject to the “Painter(Bridges/Tanks)” prevailing wage rate.