A00801-616377.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 616377-137021

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DOCUMENT A00801

SPECIAL PROVISIONS

DISTRICT 1

Scheduled and Emergency Guardrail and Fence Repairs at Various Locations on I-90

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

The work to be done under this contract consists of the repair and replacement of existing guardrail, guardrail end treatments and fencing as directed, along Interstate 90 in District 1.

Work under this contract shall conform to the requirements of Engineering Directive E-20-004 which describes guidelines for the repair and replacement of damaged guardrail in-kind, using NCHRP350 approved hardware, and the installation of MASH compliant guardrail hardware as shown in the 2017 Construction Standard Details.

Additional work includes placing installing reflectorized delineators and termini markers, instituting traffic control during construction operations and other incidental 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.

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 August 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.

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LOCATION OF WORK

Work under this contract will be required on Interstate 90 within District 1. Work locations will be within the limits of District 1 on Interstate 90 as assigned by the Engineer. The following web link provides the cities and towns under the jurisdiction of District 1:

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 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.

PROSECUTION OF WORK

The Contractor is reminded that work on this Project involves “Maintenance-Oriented” operations requiring more flexibility than “Construction-oriented” projects governed by a rigid schedule of operations.

Scheduled and/or emergency work may be required regardless of weather conditions, at the discretion of the Engineer.

The Contractor shall give notice to the Engineer at least 48 hours (2 work days) in advance of beginning any scheduled work.

It is also the intent of the Contract that the Contractor maintains an adequate spare parts inventory.

First emergency response for the purpose of securing the site may remain the responsibility of MassDOT forces. This does not relieve the Contractor of his responsibility to respond to an emergency and may require the Contractor’s personnel to work in conjunction with MassDOT forces as directed.

REPAIR REPORT

Each repair, upgrade, or installation under this contract will be recorded in a log supplied by the contractor and verified by the Resident Engineer. Upon completion of the project the Contractor will supply a copy of the log to the Engineer at no cost to the Department.

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

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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.

SUBSECTION 7.05 INSURANCE REQUIREMENTS

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

TRAFFIC CONTROLS FOR CONSTRUCTION OPERATIONS

(Supplementing Subsections 850.62 and 850.63)

For Interstate and freeway work, the District reserves the right to provide traffic setups for the Contractor. During these situations, the MassDOT District Operations will take the responsibility for the traffic management in the work zone. Where this is the case, the Contractor will not be compensated for traffic control for work at these specific locations.

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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 TEN 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 damage will be assessed to the contractor.

Emergency Work

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

and who has the authority to provide whatever labor, materials, and equipment that may be necessary to address the emergency.

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

The Contractor will be required to commence this emergency work on site within FOUR HOURS, unless otherwise directed, after notification by the Department.

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NON-RESPONSE DAMAGES

(Supplementing Subsection 8.11)

Scheduled Work

If after notification, the Contractor has not started scheduled work on site within TEN DAYS of the notification, or at the designated time a non-response damage will be assessed to the Contractor.

Contract payments will be reduced by five hundred dollars ($500) for each day or portion of a day that the work is delayed, excluding Saturdays, Sundays, and Holidays, unless the work was scheduled to be performed on one of these days.

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

Emergency Work

If after notification, the Contractor has not started emergency work on site within FOUR HOURS of the notification, a non-response damage will be assessed to the Contractor. Contract payments will be reduced by one thousand dollars ($1,000) each time there is a failure to respond within the specified hours.

The Contractor is advised that operational circumstances may not allow access and completion of repairs within the specified response window above. Therefore, the Contractor shall coordinate with the Engineer to schedule access for earliest MassDOT availability.

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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.

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HOLIDAY WORK RESTRICTIONS (Continued)

Mother’s Day No work on Western Turnpike and Metropolitan Highway System from 5:00 AM on the Friday before, until the normal start of business on the following day.

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

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

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

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

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

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

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

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

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

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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 1 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: 1-800-375-7405 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

MASSDOT I-90 FIBER OPTIC CABLE NOTIFICATION AND PROTECTION

REQUIREMENTS

Prior to the start of any excavation work on I-90, it shall be the responsibility of the Contractor to make their own investigation in order to assure that no damage to existing Fiber Optic Cable (FOC), electrical and signal cables, handholes, ITS cameras, overhead and ground mounted variable message boards, and other appurtenant infrastructure (jointly referred to as the ITS infrastructure) will occur. Extreme care shall be taken when excavating adjacent to or in the vicinity of existing ITS infrastructure. The Contractor may be required to hand dig within 18” either side of the conduit, as directed by the engineer and with no additional compensation, and will be held financially responsible for repairing any damage to the ITS infrastructure. Damage to the ITS infrastructure due to Contractor operations shall be repaired by MassDOT hired and approved Contractors and billed to the Contractor. The Contractor shall be responsible for all costs relating to such repairs.

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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.

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.

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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.

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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.

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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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

The following specs included under Non-bid Items will be required only as directed by the Engineer to cover such work that has not been included in any contract bid Items. the Contractor will not bid on these Items; however, the Contractor will be reimbursed for the cost as described in each section below:

PAYMENT FOR MATERIALS

Materials will be compensated only if the necessary materials cannot be executed under other items within this contract.

MassDOT reserves the right to furnish any required materials or parts for which there is no pay Item.

The Contractor will be paid his/her actual net cost for materials plus 10% for materials supplied and transported to the job site within District X as required by the Engineer. No materials shall be ordered until approved by the Engineer.

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

A minimum of two competitive prices must be submitted to the Engineer and a third competitive price may be required as directed by the Engineer. Any arrangements for the purchase of materials will be considered incidental.

Delivery charges will be reimbursed as actual costs without markup. State and Federal taxes if billed will not be reimbursed by MassDOT.

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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.

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.

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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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 Contactor’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 100.002 LABORER HOUR

This labor item will only be used for instances where requested work is not covered under contract items. Work may include; inspection, rehanging and/or retensioning of cable guardrail, repair of non-standard guardrail items, treatments or applications. This item may be used in conjunction with the materials allotment when applicable.

The Contractor will furnish laborers experienced in guardrail repair, and replacement as directed by the Engineer.

Each laborer will be paid at the contract bid price per hour for the hours and/or fraction thereof actually worked on the project, which shall be full compensation for his work, transportation, and use of equipment and tools.

ITEM 102. SELECTIVE CLEARING AND THINNING ACRE

Work under these items shall conform to the relevant provisions of Section 101 and the following:

Work under Item 102. shall consist of selectively removing and disposing trees and brush within the State Highway Layout necessary to repair/install fencing. The Engineer will determine which trees are to remain. The trimming of the remaining trees is incidental to this Item. Vegetation shall be removed and cut flush to the ground.

Individual trees over 9” in diameter will be removed under items 103.11 or 104.11.

The limits of the area to be paid under these Items will be provided to the Contractor prior to the start of work under each assignment. The width of the pay section is typically 5 feet. Only areas that are in need of clearing will be included for payment under this Item; side streets, ramps, bridges, or grassy areas will not be included. Clearing of a paved waterway will be included in the clearing area measurement.

Method of Measurement and Basis of Payment

Work under these Items shall be measured and paid at the unit bid price per acre, which price shall include labor, equipment, and materials required.

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ITEM 103.11 TREE REMOVED (CUT FLUSH) EACH

DIAMETER UNDER 24 INCHES

ITEM 104.11 TREE REMOVED (CUT FLUSH) EACH

DIAMETER OVER 24 INCHES

The work under these Items shall conform to the relevant provisions of Section 101 of the Standard Specifications and the following:

Standing or leaning trees to be removed under these items shall be cut flush as directed by the Engineer.

All cuttings and brush shall be removed from site immediately and shall not be stored on site.

Wood chips shall be removed or spread on site at the direction of the Engineer.

Method of Measurement and Basis of Payment

Items 103.11 and 104.11 will be measured for payment by the unit Each for each tree removed, complete and approved.

Items 103.11 and 104.11 will be paid for at the Contract unit prices per Each under the respective items, which price shall include all labor, tools, materials, equipment, and other incidental work necessary to satisfactorily complete the work.

The Engineer may direct the contractor to drop the tree in a wooded area within the layout and not remove it from the site. Partial payment in the amount of 50% of the unit bid price for the item will be paid for a tree cut flush and pushed aside.

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ITEM 151.01 GRAVEL BORROW – TYPE C CUBIC YARD

The work to be done under this Item shall conform to the relevant provisions of Section 150 of the Standard, Supplemental Specifications and the following:

Gravel Borrow shall be used for, but not limited to, filling holes from posts removed and not replaced and placement under all new guardrail and guardrail end treatments.

Gravel Borrow shall conform to the requirements designated in the Standard Specifications Subsection M1.03.0 Type C, two (2) inch largest dimension. The cost per cubic yard will include the cost of any necessary grading and finishing and/or compacting.

Method of Measurement and Basis of Payment

Item 151.01 will be measured by the Cubic Yard of material placed. The payment at the contract unit price will include all the labor, equipment, materials, tools and incidentals necessary to complete the work to the satisfaction of the Engineer.

ITEM 184.1 DISPOSAL OF TREATED WOOD PRODUCTS TON

Work under this item shall include the removal and disposal of all treated wood product as directed by the Engineer.

The timber components of the existing structure are suspected to be treated with creosote, pentachlorophenol and/or CCA. This item shall include all costs for sampling, laboratory testing, loading, transportation and disposal of the treated wood.

The Contractor is required to submit disposal manifests to the Engineer prior to the completion of the project. All aspects of this Item are to be completed in accordance with state and federal regulations.

Measurement and payment shall be by the weight, in tons, of treated timber removed from the structure and subsequently accepted at a licensed facility. The work shall be considered full compensation for all labor, tools, equipment, materials, testing, loading, transportation, approvals, and permits necessary for the completion of the work.

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ITEM 600.1 END TREATMENT REPAIR HOUR

Work under this item shall conform to the relevant provisions of Section 600 and the following:

Under this Item, the Contractor will furnish the competent tradesmen, possessing pertinent licenses and / or certifications, as directed by the Engineer to repair existing guardrail end treatments which have sustained only minor damage in a manner that is NOT covered by other Items included in this contract.

The intent of this Item is to repair existing end treatments conforming to NCHRP Report 350 (tangent and flared) which have received minor damage in a manner that is approved by the Engineer. If full replacement is deemed necessary new end treatments conforming to MASH shall be payable under the respective items of work for tangent of flared end treatment – TL-2 or TL-3.

Work under this Item will also include repair to minor damage to MASH Compliant end treatments as directed by the Engineer.

Work under this item will be paid for by the hour which compensation will include the hour necessary for a guardrail repair crew to accomplish minor repair as specified by the Engineer. The Contractor shall be responsible for identifying the crew needed to affect the repairs. The hours measured will be on site only performing the repairs and shall not include travel time.

Payment for materials will be made as stated below. No additional payment will be made for the standard tradesmen’s tool kit. All tools and equipment contained in the tradesmen’s tool kit shall be in good working condition.

Equipment and tools that are part of the artisan’s tool kit include but are not limited to the following: all hand tools, hammer, wrenches, framing square, tape measure, levels, power saws, all electric tools, and air tools. The contractor’s vehicle is considered incidental to the work.

Payment under this Item also covers the use of vehicles legally insured and registered under Massachusetts Laws with driver and fuel.

Payment for Materials

The Contractor will be paid his actual cost for materials that are required to repair an end treatment plus 10%. The total cost paid (materials + 10%) shall not include any of the Contractor’s labor costs associated with the pick-up or delivery of the materials. However, no materials shall be ordered until approved by the Engineer. Competitive prices may be required if the Engineer directs.

Material used for the repair of the subject end treatments shall be certified replacement parts meeting all the requirements of the original manufacturer.

The Contractor shall be required to furnish certified paid receipts for all materials that are required to maintain or repair an end treatment for payment by the Department.

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ITEM 632. GUARDRAIL POST - STEEL EACH

ITEM 632.1 GUARDRAIL POST - WOOD EACH

Work under this Item shall conform to the relevant provisions of Section 630 and the following:

The work will consist of installing guardrail posts to meet either MASH compliance or previous standards regardless of post dimentions for either new locations or replace in kind locations.

Compensation

Item 632. and Item 632.1 will be at paid for at the contract unit bid price per “Each”, which shall be full compensation for all equipment, materials and labor needed to complete the work.

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ITEM 644.25 SPRING TENSION WIRE FOOT

The work under this Item shall conform to the relevant provisions of Section 644 of the Standard Specifications and the following:

This Item will conform to Material Subsection M8.09.0 and will be used where existing fabric is approved for re-use but spring tension wire is either missing or unacceptable. The Engineer will determine acceptability.

ITEM 645. PIPE TOP RAIL FOR CHAIN LINK FENCE FOOT

The work under this Item shall conform to the relevant provisions of Section 644 and the following:

This Item will conform to Material Subsection M8.09.0 and will be used where existing fabric is approved for re-use but top rail is either missing or unacceptable. The Engineer will determine acceptability.

Method of Measurement and Basis of Payment

Item 645 will be measured and paid at the contract unit price per Foot.

Payment will be at the contract unit price per Foot and will include all labor, materials, equipment and incidental cost required to complete the work.

ITEM 651.19 GATE POST FOR CHAIN LINK FENCE EACH

The work under this Item shall conform to the relevant provisions of Section 644 and the following:

This Item will be used when resetting the existing gate at any location and either the post is missing, or the existing post is not acceptable as determined by the Engineer. The gate post shall meet the requirements of Material Subsection M8.09.0 and shall be of proper height based on the height of existing gate and barbed wire, if present.

The work shall include attachment of the barbed wire and the pipe top rail, and removal and disposal of the old post and concrete, if applicable.

Method of Measurement and Basis of Payment

Item 651.19 will be measured and paid per EACH post installed and will include all labor, materials, tools, equipment and other incidentals to satisfactorily complete the work.

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ITEM 654.1 CHAIN LINK FENCE FABRIC RESET FOOT

The work to be done under this Item shall conform to the relevant provisions of Sections 644 and 665 supplemented with the following:

The work under this Item consists of resetting existing fence fabric on existing posts. This Item shall be used for all chain link fabric to be reset regardless of size.

All new hardware that is needed to reset fence fabric and to restore the fence shall be supplied by the Contractor without additional compensation. This includes, but is not limited to top rail, barbed wire extension arms, tie wire, fittings, top tension cable, cable attachments, spring tension wire, braces and truss rods.

Item 654.1 shall be used as directed by the Engineer at locations which require the bottom of the chain link fabric to be set flush to grade to prevent small animals from accessing the state highway layout. Minor leveling and raking along the fence line may be required and will be considered incidental to the work under this Item.

Method of Measurement and Basis of Payment

Item 654.1 will be measured and paid at the Contract unit price per Foot of chain link fabric reset, complete in place, which price shall include all labor, materials, equipment, incidental costs required to complete the work as described above and as directed by the Engineer. New fabric will be paid for under the respective fabric Item.

ITEM 658. INDIVIDUAL LINE POST - OPTION EACH

The work under this item shall conform to the relevant provisions of Section 600 of the Standard Specifications and the following:

The work to be done under this Item shall include the replacement of all damaged or missing line posts used with chain link fencing as…