A00801-614144.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 614144-134945

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DOCUMENT A00801

SPECIAL PROVISIONS

DISTRICT 4

Scheduled & Emergency Drainage Repairs and Improvements 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 drainage related repairs performed on drainage systems under the control of District 4 and includes:

• Adjusting & rebuilding of drainage structures.

• Installation of drainage pipes and structures.

• Repairing of drainage outlets and systems.

• Removing and resetting curb, edging, curb corners, and curb inlets of every type.

• Furnishing and setting curb, curb inlets, curb corners, and edging and HMA curbs and berms.

• Repair of roadways and embankments and washout areas as directed.

• Repair and construction of concrete headwalls, wing-walls and culverts.

• Providing and maintaining temporary erosion controls.

• Other incidental work to complete the above work.

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

Fence work shall be performed from the MassDOT owned side of fence to the greatest extent possible.

Work may be required regardless of the weather conditions, at the discretion of the Engineer.

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LOCATION OF WORK

Work under this contract will be required on any or all state highways and roadways within District Four. Work locations will be within the limits of District Four on various roadways as assigned by the Engineer. The following web link provides the cities and towns under the jurisdiction of District Four:

https://www.mass.gov/service-details/find-your-highway-district-office

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

CONTRACTOR QUESTIONS AND ADDENDUM ACKNOWLEDGMENTS

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 acknowledgments to the following email address massdotspecifications@dot.state.ma.us The MassDOT project file number and municipality is to be placed in the subject line.

ACCESS MASSDOT HIGHWAY INFORMATION ON WEBSITE

Access MassDOT Highway Information related to Construction, Design/Engineering, Contractor/Vendor Information, Approved Materials and Fabricators, Manuals, Publications and Forms at:

https://www.mass.gov/orgs/highway-division https://www.mass.gov/service-details/find-your-highway-district-office mailto:MassDOTSpecifications@dot.state.ma.us https://www.mass.gov/orgs/highway-division

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WORK SCHEDULE

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

Work is restricted to a normal 8-hour day, 5-day week, with the Prime Contractor and all Subcontractors working on the same shift. No work shall be done on Saturdays, Sundays, holidays, or the day before or after a holiday without prior approval of the Engineer.

Allowable work hours for specific locations will be determined by the District Highway Director or his/her representative. On high volume and/or high-speed roadways, work may be restricted to non-peak hours or night work as directed by the Engineer to avoid peak traffic volumes in order to maintain safety and productivity.

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

The Contractor may schedule night shifts longer than 8-hours with approval of the Engineer. No additional compensation will be made for work scheduled during nighttime hours.

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, a 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.

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CONTRACTOR NOTIFICATION (Continued)

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 Four (4) 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 damages will be assessed to the Contractor. Contract payments will be reduced by one thousand dollars ($1,000) 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 damages 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.

Emergency Work

If after notification, the Contractor has not started emergency work on site within 4 hours of the notification, non-response damages will be assessed to the Contractor. Contract payments will be reduced by one thousand five hundred dollars ($1,500) each time there is a failure to respond within the specified hours.

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PROVISIONS FOR TRAVEL AND PROSECUTION OF WORK

(Supplementing Subsections 7.09, 7.10, and 8.03)

Attention is directed to the fact that these work areas may be heavily traveled, high speed roads.

Operations that will affect the flow of traffic on such roads within the project limits are restricted to the hours of least volume. This may include night and weekend work. The hours of all work operations shall be as authorized by the Engineer.

The Contractor shall contact the District to obtain the allowable work hours for each location prior to starting the necessary work.

On a two lane undivided highway two way traffic shall be maintained during “peak hours”. On Interstate highway all lanes shall remain open during the “peak hours”. “Peak hours” are defined as the hours from 5:00 AM to 10:00 AM and from 3:00 PM to 7:00 PM.

The time periods outlined above include the “set-up” and “breakdown” of the traffic pattern employed.

Work will be restricted to one roadway at all times unless additional work crews are approved by the Engineer. The Contractor shall not begin any work, other than emergency work, in any other roadway until the roadway being worked on is completed.

SUBMITTALS/CONTRACTOR’S WORK REPORT

Each time there is an improvement or repair performed, it shall be recorded by the Contractor in a log supplied by him at no additional compensation. Three (3) legible copies of all pages of the log that contain new entries shall be furnished once every month to the Engineer. Each log entry shall include a breakdown of the contract items and include detailed locations with corresponding mile marker or station. A sample daily report shall be submitted to the Engineer for approval at the pre-construction conference.

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EQUIVALENT SINGLE AXLE LOADS (ESALS)

The estimated traffic level to be used for SUPERPAVE HMA mixture designs for this contract, expressed in Equivalent Single Axle Loads (ESALs) for the design travel lane over a 20-year period, is either a traffic level 2 (0.3-10.0) million 18-kip (80-kn) ESALs or a traffic level 3 (≥10.0) million 18 kip ESALS as directed by the Engineer. Contractor will be provided with traffic information for the design mix at each location where work order is being requested.

TRAFFIC ACCOMMODATION

(Supplementing Section 7.17)

Safety devices/signing for construction operations shall comply with the relevant provisions of Section 850 of the Standard Specifications, the applicable sections of the MUTCD and the following:

Sign placement shall conform to the applicable sketches shown in the standard Traffic Control Plan (TCP) or MUTCD, whichever is more stringent for the application.

Safety devices and sign placement shall conform to the applicable sketches shown in the standard Work Zone Safety Guidelines included in this Contract – document A00815.

For conditions not shown in the Work Zone Safety Guidelines, the Contractor is directed to MassDOT’s Standard Details and Drawings for the Development of Temporary Traffic Control Plans available on MassDOT’s website:

https://www.mass.gov/files/documents/2017/10/24/tcp.pdf

Truck Mounted Attenuators, when shown in the sketches, are mandatory for this project.

In this case, safety devices and sign placement shall conform to the applicable sketches shown in the Standard Traffic Control Plans or MUTCD, whichever is more stringent for the application.

The Contractor shall bring three sets of the appropriate sketches for the work site to all work order assignment meetings. The purpose is to ensure that all concerned parties (i.e. Contractors, Sub- Contractors and the Engineer) have and agree upon the required traffic management for the specific working conditions.

Traffic police, when required, shall be located at a sufficient distance in advance of the work area, so that they can warn oncoming motorists of the work.

https://www.mass.gov/files/documents/2017/10/24/tcp.pdf

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SUBSECTION 7.05 INSURANCE REQUIREMENTS

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

DRAINAGE

The contractor shall maintain the drainage systems in the project area to provide continual drainage of travel ways and construction area.

All pipes and structures installed as part of this contract shall be left in a clean and operable condition at the completion of the work.

The respective contract unit prices for applicable drainage Items shall include all costs for the removal and disposal of existing structures and drainage pipes being replaced, unsuitable material, various pavements encountered in the installation of drainage, dewatering, and any incidentals not otherwise specified and paid for. For bid purposes, the contractor shall be responsible for determining the various types and extent of materials to be excavated.

MULTIPLE CREWS

Since this contract encompasses all of District 4, the Contractor shall be prepared to provide more than one crew as needed throughout the duration of the contract which may work at different locations. If additional crews are requested but not provided the Contractor shall be assessed non-response damages as described within the special provisions.

PROTECTION OF UNDERGROUND FACILITIES

The Contractor's attention is directed to the necessity of making his own investigation in order to assure that no damage to existing structures, drainage lines, traffic signal conduits, etcetera, will occur.

The Contractor shall notify Massachusetts DIG SAFE and procure a Dig Safe Number for each location prior to disturbing existing ground in any way. Contact the Dig Safe Call Center by dialing 811 or 1-888-344-7233 or online at www.digsafe.com.

http://www.digsafe.com/

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ARCHITECTURAL ACCESS BOARD TOLERANCES

The Contractor is hereby notified that they are ultimately responsible for constructing all project elements in strict compliance with the current AAB/ADA rules, regulations and standards.

All construction elements in this project associated with sidewalks, walkways, wheelchair ramps and curb cuts are controlled by 521CMR - Rules and Regulations of the Architectural Access Board (AAB).

The AAB Rules and Regulations specify maximum slopes and minimum dimensions required for construction acceptance. There is no tolerance allowed for slopes greater than the maximum slope nor for dimensions less than the minimum dimensions.

Contractors shall establish grade elevations at all wheel chair ramp locations, and shall set transition lengths according to the appropriate table in the Construction Standards (or to the details shown on the plans).

All wheelchair ramp joints and transition sections which define grade changes shall be formed, staked and checked prior to placing cement concrete. All grade changes are to be made at joints.

NONCONFORMING COMPRESSIVE STRENGTH OF CEMENT CONCRETE

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

𝑃𝑃 =

2(𝑓𝑓𝑓𝑓 − 𝑓𝑓′𝑐𝑐)(𝑈𝑈𝑈𝑈)(𝑄𝑄)

𝑓𝑓′𝑐𝑐

Where:

𝑃𝑃 = 𝑝𝑝𝑝𝑝𝑝𝑝 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 𝑓𝑓𝑓𝑓𝑓𝑓 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐

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

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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.

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HOLIDAY WORK RESTRICTIONS (Continued)

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

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

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

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

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

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

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

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

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NOTICE TO OWNERS OF UTILITIES

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. Additionally, a list of public and private utilities can be found on the MassDOT website at:

https://hwy.massdot.state.ma.us/webapps/utilities/select.asp

Select District 4 on top of the webpage, 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.

Town officials are shown at the website http://www.mass.gov under the "for Government" tab, select "City/Town official directory" under "Online Services" heading. Enter the city/town on the left of the webpage and locate the official to contact.

The Contractor shall also be responsible for informing the following officials in each area that he is assigned to work in as required by the Engineer:

Superintendent, Department of Public Works or Town Engineer Superintendent, Water Department Superintendent, Sewer Department Police and Fire Department Electric Department

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: 1-800-375-4730 Customer Support: 1-800-322-3223 https://hwy.massdot.state.ma.us/webapps/utilities/select.asp

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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

PUBLIC SAFETY AND CONVENIENCE

(Supplementing Subsection 7.09)

The Contractor shall provide necessary access for fire apparatus and other emergency vehicles through the work zones to abutting properties at all times.

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 the Contract and there will be no additional compensation.

The Contractor, without additional compensation, shall provide access to all abutters during prosecution of the work, except for such periods and at such locations as authorized in writing by the Engineer.

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ENVIRONMENTAL PERMITS, CONDITIONS & RESTRICTIONS

No environmental permits have been obtained in advance for this Contract. No work may begin or occur that could affect water, wetlands, banks, land under water bodies, flood-prone areas, or other protected environmental resource areas until all required environmental permits have been secured.

If field conditions or the Contractor’s proposed methods require environmental permits, the Contractor must notify the Resident Engineer before starting the proposed activity. The Resident Engineer will coordinate all communication with local, state, and federal environmental agencies through the MassDOT Environmental Section.

Any delays resulting from the filing, obtaining, or modification of permits shall not be grounds for a claim. The Contractor may also be required to provide additional information regarding proposed work subject to environmental regulations.

No debris of any kind shall be allowed to enter water or wetland resource areas, whether temporarily or permanently.

The Contractor shall not enter, disturb, or otherwise impact any existing wetlands, banks, land under water bodies, or land subject to flooding until all required erosion and sediment control measures are fully in place.

Any equipment or machinery found leaking oil, lubricants, or any other pollutant shall be removed immediately from the work site and shall not return until fully repaired.

The Contractor shall take all necessary precautions to prevent pollutants from spreading beyond the limits of the construction activity area and shall implement all required measures to remove pollutants from streams or other affected areas, in accordance with the provisions of the Massachusetts Clean Water Act. For guidance regarding appropriate measures for specific situations, the Massachusetts Department of Environmental Protection, 100 Cambridge Street, Boston, MA 02134, may be contacted.

CONTRACTOR ACTIVITY ADJACENT TO WETLANDS

The Contractor shall not stockpile material or equipment, perform maintenance or refuel equipment in a wetland area, within 100 feet of a wetland, or within 200 feet of a river, stream, pond, or other similar open body of water.

CONTRACTOR ACTIVITY ADJACENT TO CURB AND SIDEWALK

Any curbing and associated pavements removed by the Contractor in order to cut or remove trees or stumps shall be reset or rebuilt, and full compensation for such work shall be included in the contract unit price for the tree and stump removal items involved.

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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 some areas of the site 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.

Storage and lay-down areas within depot yards must be first approved by the Engineer in concurrence with the Depot Foreman to ensure no adverse impacts to maintenance operations.

EROSION AND SEDIMENTATION CONTROL

(Supplementing Subsection 7.02)

This work shall consist of temporary control measures as directed by the Engineer during the life of the contract to control erosion and sedimentation.

The erosion and sedimentation control features installed by the Contractor shall be satisfactorily maintained by the Contractor until they are ordered removed by the Engineer.

In the event that temporary erosion and sedimentation control measures are required due to the Contractor's negligence or carelessness, and such additional measures are ordered by the Engineer, the work shall be performed by the Contractor at his own expense. Temporary erosion and sedimentation control work, which is not attributed to the Contractor’s negligence or carelessness, will be performed as ordered by the Engineer.

Repeated failures by the Contractor to control erosion and/or sedimentation shall be cause for the Engineer to employ outside assistance or to use his own forces to provide the necessary protective measures. The cost of such assistance plus project engineering cost will be charged to the Contractor and appropriate deductions made from the Contractor's monthly progress estimate.

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NORTHERN LONG-EARED 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.

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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EMERALD ASH BORER ADVISORY

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

CONTAMINATED SOIL AND/OR GROUNDWATER

CONTAMINATED SOIL

Soil to be removed from the project area shall not be assumed to be uncontaminated and must be evaluated prior to off-site management for potential contamination with hazardous materials.

No soil may be disposed of off-site without proper assessment by the contractor and approval from the Resident Engineer (RE), District Environmental Engineer (DEE), or the project designee.

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.

ASBESTOS CONTAINING MATERIALS

Information about specific locations where repairs are to occur is unavailable. The Contractor should be aware of the potential to encounter asbestos pipe during this project. If encountered, the Contractor must immediately cease the operation, secure the site, notify the Engineer and obtain Asbestos Liability Insurance for this project. The Contractor and MassDOT – Highway Division shall be named as additional insureds.

The contractor will be reimbursed for the proper handling and disposal of any pipe encountered.

The asbestos cement pipes must be managed as a “Special Waste” and in Massachusetts may only be disposed of at a facility that is permitted to accept ACWM under 310 CMR 19.061 (“Special Waste” regulation).

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PIPE CONNECTION / DISCONNECTION TO STRUCTURE

If reconstructing or installing a drainage structure, connecting existing pipe is incidental to structure or installation item.

For connecting pipe, the wall shall provide the minimum size opening required to surround the pipe. The pipe end shall be set or cut off flush with the inside face of the new structure wall and the remaining space around the pipe completely filled with cement grout for the full thickness of the structure wall. Inverts shall be constructed to provide a smooth uniform flow channel from the pipe through the structure.

MASONRY PLUGS

The Contractor shall plug open ends of abandoned pipes and unintended openings in structures encountered on the project with concrete, cement mortar and brick, or cement mortar and stone.

This work will be incidental to the construction operations that were occurring when the opening was discovered and no additional compensation will be made.

MISCELLANEOUS CEMENT CONCRETE WORK

Cement concrete used for collars around drainage structures, for gate boxes, for trench caps, or in conjunction with new or reset curb or edging shall be brought up only to a height which will allow a minimum of three inches of hot mix asphalt to be placed over the concrete. The surface of the cement concrete shall be given a float finish and shall be free of honeycomb or excessive roughness.

The surface shall be cured according to the applicable provisions of the Standard Specifications, or the curing may be done by an application of RS-1 emulsion as soon as the surface has hardened sufficiently but not later than 24 hours after placing the concrete.

All costs associated with the application of RS-1 emulsion shall be considered incidental throughout this Contract.

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CASTINGS FOR STRUCTURES

All castings in paved areas shall be adjusted to the finish grade before the top course pavement is placed. All adjustments made to new structures or rebuilt structures shall be included under the contract unit price for the respective structures.

It shall also be a requirement of this Contract that all structures in traveled ways or deemed hazardous by the Engineer be protected with suitable covers (steel plates or equal) in conformance with Subsection 7.09.

MATERIAL OPTIONS

In the case of all option items listed in the proposal, the Engineer shall direct the Contractor of his/her option prior to the installation of the material.

OPTIONS

Item Number Item Descriptions Unit

234.10 10 Inch Drainage Pipe – Option Foot

234.12 12 Inch Drainage Pipe – Option Foot

234.18 18 Inch Drainage Pipe – Option Foot

234.24 24 Inch Drainage Pipe – Option Foot

234.36 36 Inch Drainage Pipe – Option Foot

PIPE OPTIONS

Reinforced Concrete Pipe Corrugated Plastic (Polyethylene) Pipe Corrugated Plastic (Polypropylene) Pipe

235.12 12 Inch Drainage Pipe Flared End – Option Each

235.18 18 Inch Drainage Pipe Flared End – Option Each

PIPE OPTIONS

Reinforced Concrete Pipe

Corrugated Plastic (Polyethylene) Pipe Corrugated Plastic (Polypropylene) Pipe

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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.

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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.

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

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

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

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

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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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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.

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ITEM 107.04 TEMPORARY STEEL PLATE(S) POUND

The work under this Item shall include the furnishing, placing and removing of a temporary steel plate or plates that will cover open trenches, voids on bridge decks or at locations directed by the Engineer. Each steel plate shall be capable of safely sustaining a thirty-six and one-half (36.5) ton truck load with impact.

Also included under this Item is the cost for placing hot mix asphalt at the edges of the steel plate to provide as smooth a transition as possible for the motoring public.

The Contractor's attention is directed to the following:

• The size of the steel plate(s) required for the task(s) shall be determined by the Engineer.

• Steel plate(s) are to become the property of the MassDOT upon completion of each plate’s individual intended use.

Method of Measurement and Basis of Payment

Item 107.04 will be measured and paid for at the Contract unit price per Pound, which price shall include deployment of the plate(s) as described herein, removal of individual plate(s) when as directed, and delivery and careful stacking of said plates at the nearest MassDOT Maintenance Depot or as directed by the Engineer, all labor, materials, equipment, and all incidental costs required to complete the work.

No separate payment will be made for supply, installation, removal and disposal of hot mix asphalt transitions, but all costs in connection therewith shall be included in the Contract unit price bid.

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ITEM 107.041 DEPLOYMENT OF TEMPORARY STEEL PLATES EACH

The work under this Item shall consist of loading, transporting, placing, returning to point of origin, and stacking steel plate(s) stored at MassDOT Maintenance areas at various locations throughout the area of responsibility of this Contract.