A00801-616408.pdf

Massachusetts Department of Transportation Highway Division Proposal No. 616408-136960

A00801-1

DOCUMENT A00801

SPECIAL PROVISIONS

DISTRICT 5

Scheduled and Emergency Cleaning of Drainage Structures and Pipes 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

The work to be done under this Contract shall include removing the accumulated dirt, refuse, and other debris, from each catch basin or drainage structure along State Highway. Work also includes the furnishing of labor and equipment needed for clearing and restoring drainage systems to adequate function; removal and disposal of drainage structure sediments from pipes, manholes, catch basins, (including the gutter mouth of curb inlets), drainage ditches, paved waterways, and any other drainage structures. Work also includes establishment of traffic safety controls, signs and other work zone items Disposal of sediments shall be in accordance with the Department of Environmental Protection regulations.

The Contractor shall exercise care in the placement and storage of equipment, materials and debris.

No equipment, materials, or debris can be placed or stored in or near a drainage area leading to a resource, as directed by the Engineer.

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 July 2026, the 1990 Standard Drawings for Signs and Supports, the 2015 Overhead Signal Structure and Foundation Standard Drawings, the 11th Edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the January 2026 Massachusetts Amendments to the MUTCD, the 1968 Standard Drawings for Traffic Signals and Highway Lighting, the latest edition of The American Standard for Nursery Stock, the Plans and these Special Provisions.

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LOCATION OF WORK

Work under this contract will be required on any or all state highways and roadways within District 5. Work locations will be within the limits of District 5 on various roadways as assigned by the Engineer. The following web link provides the cities and towns under the jurisdiction of District 5:

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.

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

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DAILY REPORTING

At the end of each day, the Contractor must (in writing) provide the Resident Engineer with the section of road serviced (to/from mile markers or intersecting roadways), the number of drainage structures cleaned, and an estimate of the quantity of material retrieved (total load count per truck) for the same day’s work.

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.

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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 48 hours 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.

The Contractor will be required to commence this emergency work on site within 4 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 48 hours of the notification, non-response damages will be assessed to the Contractor. Contract payments will be reduced by one thousand dollars ($1000) 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 two thousand five hundred dollars ($2500) for 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.

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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.

SUBSECTION 7.05 INSURANCE REQUIREMENTS

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

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

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MOBILE DATA COLLECTION

The Contractor may also be required to report on work performed under this contract using a mobile device. The information will be limited to the location and nature of the work, and be entered into an application provided by MassDOT, which is available via hand held device. The device and reporting will be considered incidental to the overall work under this contract. The application is supported by devices with the following specifications:

Android

• Android 4.1 (Jelly Bean) or later

• ARMv7 or x86 processor

• OpenGL ES 2.0 support

• Precise location (GPS and network-based) support iOS iOS

• 8 or later

• iPhone, iPad, iPod touch Windows

• Windows 10.0.586 or later (tablet and PC; excluding LTSB)

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.

A00801-10

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.

A00801-11

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 5 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

A00801-12

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

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.

A00801-13

ENVIRONMENTAL PERMITS, CONDITIONS, AND 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.

A00801-14

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.

A00801-15

NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION

The northern long-eared bat (Myotis septentrionalis; NLEB) and tricolored bat (Perimyotis subflavus; TCB) are listed as federally endangered or proposed endangered, respectfully, under the Endangered Species Act (ESA). The U.S. Fish and Wildlife Service (USFWS) developed this guidance to address ESA compliance and promote conservation of NLEB and TCB. As there is no Federal nexus (Federal funding or permits) for this project, Section 7 consultation was not required or conducted. However, Section 9 of the ESA prohibits anyone from “taking” or harming an endangered species, and the below language shall be adhered to in order to maintain compliance with the ESA.

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

A00801-16

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 a 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 suction 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.

A00801-17

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.

A00801-18

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 UTILIITY 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.

A00801-19

SUBSECTION 8.14 (Continued)

C.2 – EARLY UTLITY 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.

A00801-20

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.

A00801-21

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.

A00801-22

ITEM 226.9 INTERNAL PIPE INSPECTION BY VIDEO CAMERA HOUR

The work under this Item will conform to the relevant provisions of Section 200 and consist of inspecting drainage pipes within the limits of the project extending to the discharge ends of each drainage system.

Inspections will be accomplished by use of a self-powered submersible camera system capable of traveling throughout various size and shape drainage systems within the project limits. This Item includes simultaneous use of a video monitor capable of providing full view of all areas and accurate measurements of distance throughout the drainage system will be used. Also included in this Item is a locator device which will be used to identify the exact location of the problem and the depth from the ground surface.

Video recording of the inspection will be considered incidental to this Item. The operator will provide to the Engineer a copy of the inspection on DVD at no additional compensation.

Method of Measurement and Basis of Payment

Work under this Item will be measured and paid for at the Contract unit price per Hour for each unit ordered into operation by the Engineer, which price shall include operation, labor, materials, fuel, maintenance, and transportation required to inspect designated drainage systems. No compensation will be made for travel to and from the work site.

A00801-23

ITEM 227.301 REMOVAL OF DRAINAGE STRUCTURE SEDIMENT EACH

The work to be done under this Item includes removing the accumulated dirt, refuse, and other debris, as directed by the Engineer, from each drainage structure, including the gutter mouth of curb inlets, and disposing of materials removed in accordance with Section 227 of the Supplemental Specifications and the following.

Drainage Structures include, but are not limited to: manholes with sumps, drop inlets (Type A, Type B, Type C and Type D with frame and grate) and catch basins This may include drainage structures with Hook Lock grates and locking manhole covers.

Where applicable the cast iron hood shall be removed from all catch basins so equipped, prior to cleaning. Resetting of the hood is considered incidental to this Item.

The catch basin shall be considered to be clean when the material remaining in each catch basin shall not be more than three (3) inches depth if leveled.

The Contractor shall in each case remove the grate, clean the drainage structure, replace the cast iron hood and carefully replace the grate. Catch Basin grates shall be placed in the proper direction as defined in the Construction Standards. Before replacing the grates, the rims or seats shall all be cleaned so that they will properly fit in place.

The Contractor shall remove drainage structure grates or covers for inspection without additional expense to the Department at any time upon request of the Engineer.

During the operation, care shall be taken by the Contractor not to damage grates, frames, catch basins, pipe or curbing. In case of damage caused by the negligence of the Contractor, the damaged parts shall satisfactorily be repaired or replaced at the Contractor’s expense.

If the Contractor is required to drive his equipment on an unpaved area in order to clean a specified drainage structure he will be liable for any damage caused to the unpaved area by his equipment.

Conditions such as location, extraordinary shape due to conduits or public utility pipes, or off pavement work, may require hand work.

Material removed from drainage structures shall be transported immediately from the site in machines or trucks that will not spill either liquid and/or the other material along the roadway.

Any material falling on the roadway shall be removed at the Contractor's own expense

A00801-24

ITEM 227.301 (Continued)

All material removed from the drainage structures shall be properly handled and disposed of by the Contractor, and this must be done in accordance with all DEP regulations and policies. The responsibility for the proper handling and disposal of this material shall be solely the Contractor's.

THE CONTRACTOR WILL NOTIFY THE ENGINEER OF THE LOCATION OF THE DEP

APPROVED DUMPSITES FOR THE DISPOSAL OF THE MATERIAL PRIOR TO THE

COMMENCEMENT OF THE WORK. THE CONTRACTOR SHALL PROVIDE COPIES OF

ALL MATERIAL SHIPPING RECORDS TO THE ENGINEER.

Method of Measurement and Basis of Payment

Work under this Item will be measured for payment by each drainage structure cleaned.

Work will be paid for at the Contract unit price per EACH which shall include all labor, equipment, approvals, permits, testing, transportation, disposal and all other incidentals necessary to complete the work.

Payment for this work will be made upon submission and acceptance of landfill shipping receipts.

ITEM 227.32 REMOVAL OF DRAINAGE PIPE SEDIMENT HOUR

The work under this Item shall consist of cleaning all drainage pipes and appurtenances, as directed by the Engineer in accordance with Section 227 of the Supplemental Specifications and the following:

Items 227.32 may require additional pumps, tanks and/or additional lengths of hose which will be paid under material/rental. The determination of what is extraordinary will reside with the Engineer.

Minimum Crew Size and Equipment

The Contractor shall provide a minimum 2-person crew to perform the work described under each of these Items as directed.

Cleaning will be accomplished by use of a jet rodder pump capable of water rodding and delivering a minimum of 2500 PSI, and 90 gallons per minute. Simultaneous use of a centrifugal compressor capable of providing air flow to 800 ft3/min and vacuum pressures to 7500 lb/ft2 of water will deliver the loosened soil and debris to a truck mounted container which will transport the material from the site.

A dual engine system allowing independent control of both the water rodding and vacuum system will also be provided.

A00801-25

ITEMS 227.32 (Continued)

The Contractor shall provide all water required to complete the work. The Contractor shall also be responsible for providing all necessary ladders, staging, lift trucks and hand tools required to complete the work. The equipment shall include a minimum hose length of 350 feet and is capable of cleaning pipe sizes 6 inches and greater in diameter.

Work may require the use of “root cutters” in conjunction with a high-pressure jet for some drainage lines.

Where applicable the cast iron hood shall be removed from all catch basins so equipped, prior to cleaning. Resetting of the hood is considered incidental to this Item.

Confined Space Entry Procedures

During the prosecution of the work, all OSHA confined space entry procedures shall be followed.

This includes, but is not limited to, proper permitting each location that requires a confined space entry, personal protective equipment, air monitoring, and provided properly working ladders, and fall protection equipment.

Sediment and Debris Disposal

Material removed from drainage pipes shall be transported immediately to the place of disposal in machines or trucks that will not spill either liquid and/or the other material along the roadway. Any material falling on the roadway shall be removed at the Contractor's own expense.

The quantity of material and the disposal location shall be recorded and a copy of documenting the disposition of each load will be furnished to the Engineer. At the end of each day, the Contractor must (in writing) provide the Resident Engineer with the section of road serviced, the length of pipe cleaned, and an estimate of the quantity of material retrieved (total load count per truck) for the same day’s work.

The Contractor shall notify the engineer of the location of the DEP approved dumpsites for the disposal of the material prior to the commencement of the work.

Method of Measurement and Basis of Payment

Item 227.32, Removal of Drainage Pipe Sediment, will be measured for payment by the by Hour and the quantity paid for shall be the actual number of hours spent cleaning drainage systems regardless of the volume of sediment removed. The Contract unit price shall include all labor, tools, equipment and materials (including water) necessary to remove, deliver and proper dispose of drainage pipe sediments at an approved landfill, disposal facility or recycling facility, including the costs for approvals, permits, testing, transportation, and other incidental expenses involved with the completion of this Item to the satisfaction of the Engineer.

A00801-26

ITEM 748.1 EMERGENCY RESPONSE EACH

Work under this Item shall conform to the relevant provisions of Section 748. of the Standard Specifications, and the following:

Work consists of the movement of personnel, materials, equipment, and incidentals to the project site within a 4-hour period after notification by the Engineer ready to commence work to address the emergency situation.

Contractor Note- Work under this item shall include the mobilization of a vacuum truck and crew to the site capable of performing emergency pipe and structure cleaning work as needed.

This Item is to be used as a means of providing compensation to the Contractor for the costs associated with providing prompt response to emergency situations. Emergency situations, if and when the designation is necessary, will be determined solely by the Engineer.

Method of Measurement and Basis of Payment

Item 748.1 will be measured and paid for at the contract unit price per EACH, which price shall be for each emergency work notification that requires immediate attention. Payment for emergency response shall for emergency response only and is in addition to any other items that may apply toward the completion of each emergency work order. All labor, material and equipment to perform the emergency work will be paid for under the appropriate pay items.

In the event that another emergency occurs at a different location during the period which the contractor’s forces have been mobilized these forces shall be redeployed at no additional compensation. The Engineer shall determine if conditions require another crew to be mobilized as a separate emergency response.

In the event that the Contractor does not satisfy the 4-hour response time, payment for Emergency Response will not be made and the Contractor will be subjected to the Non - Response…