A00801-616410.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 616410-136961

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DOCUMENT A00801

SPECIAL PROVISIONS

DISTRICT 5

Scheduled and Emergency Fabrication and Installation of Overhead and Ground Mounted Guide Signs

Labor participation goals for this Project shall be 15.3% for minorities and 6.9% for women for each job category. The goals are applicable to both Contractor’s and Subcontractor’s on-site construction workforce. Refer to Document 00820 for details.

SCOPE OF WORK

All work under this Contract shall be done in conformance with the 2026 Standard Specifications for Highways and Bridges, the Construction Standard Details in effect as of January 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 Provision

The work under this Contract consists of furnishing the labor, materials, transportation and equipment necessary to fabricate and install or replace overhead and ground-mounted guide signs, warning, regulatory, route markers, delineators, sign supports and other related work on various roadways throughout the District as required during the contract period.

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 project file number and municipality is to be placed in the subject line.

mailto:massdotspecifications@dot.state.ma.us

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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, as assigned by the Engineer. More information may be found about the various cities and towns within District 5: https://www.mass.gov/service-details/find-your-highway-district-office. MassDOT reserves the right to add additional locations throughout the duration of this Contract.

Work on Cape Cod will be restricted between Memorial Day weekend and Labor Day weekend.

Work can be scheduled only with the approval of the Engineer

PROSECUTION OF WORK

(Supplementing Subsection 8.03)

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.

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.

SECTION 7.00 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

TRUCK SAFETY DEVICES

(Supplementing Subsection 7.04: Motor Vehicles) All motor vehicles subject to Section 7 of Chapter 90 to be operated under this Contract shall be equipped with safety devices as provided therein and in 540 CMR 4.00.

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

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

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

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

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

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SUBSECTION 7.05 INSURANCE REQUIREMENTS

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

7.05.B: Public Liability Insurance 3.

Railroad Protective Liability Insurance and Protective Property Damage Liability Insurance shall be obtained in the amount of $XX / $XX (Fill in the correct limits from the RR special provisions), on behalf of (name of RAILROAD COMPANY(IES) HERE).

7.05.B: Public Liability Insurance 4.

Asbestos Liability Insurance shall be obtained for this project.

RAILROAD INSURANCE REQUIREMENTS

B. Public Liability Insurance

This is a various locations contract and the locations of work involving railroads are unknown.

Therefore, the Contractor will not be required to submit the necessary railroad insurance amounts prior to execution of the contract.

Upon assignment of a project which requires railroad insurance, the Contractor shall contact the railroad for insurance requirements and submit estimates (as determined by the Engineer) for insurance acceptable to the railroad and the Engineer. The insurance policy should be in the form that is acceptable to the Railroad and generally the policy may be AAR/AASHTO or ISO/RIMA (but not Oregon) or current edition for Railroad Protective Liability. The price shall be approved by the Engineer before purchasing coverage. The Engineer may request up to three insurance quotes. After approval the Contractor shall obtain the insurance and submit the policy to the Department.

A listing of railroad companies, stage agencies, and authorities that operate railroads in the Commonwealth may be found in the Massachusetts State Rail Plan:

https://www.mass.gov/lists/rail-plan-documents.

The Contractor will be reimbursed for the insurance premium upon submittal of paid receipts.

The work in any work order that involve railroad impacts shall be started after the acquisition of the insurance, as approved by the Engineer.

If the Contractor is unable to secure said railroad insurance (and especially if the Contractor is uninsurable) the Engineer may decide to cancel all future obligations and terminate the contract.

https://www.mass.gov/lists/rail-plan-documents

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SECTION 9.00: MEASUREMENT AND PAYMENT

SUBSECTION 9.03: Payment for Extra Work (Page I.83) Replace Subsection 9.03B in its entirety with the following:

B. Payment for work or materials for which no price is contained in the Contract.

If the Engineer directs, the Contractor shall submit promptly in writing to the Engineer an offer to do the required work on a lump sum or unit price basis, as specified by the Engineer. The stated price, either lump sum or unit price, shall be divided so as to show that it is the sum of:

(1) The estimated cost of direct labor, materials, and the use of equipment, plus 10 percent of this total for overhead;

(2) Plus 13 percent of direct labor, for the actual costs of Federal Insurance Contribution Act (FICA), Federal Unemployment Tax Act (FUTA), State Unemployment Tax Act (SUTA) including workforce training and Massachusetts Employer Medical Assistance Contribution, Earned Sick Time (EST) Law (940 CMR 33.00), and Paid Family and Medical Leave (PFML) Act (458 CMR 2.00);

or, as an alternative to the above 13 percent, the Contractor may elect to use actual rates for FICA, FUTA, SUTA, EST and PFML provided the actual rates are supported with verifiable documentation and shall be subject to review by Audit Operations;

(3) Plus the actual cost of Workmen’s Compensation and Liability Insurance, Health, Welfare and Pension benefits, and such additional fringe benefits which the Contractor is required to pay as a result of Union Labor Agreements and/or is required by authorized governmental agencies;

(4) Plus subcontractor or a Public or Private Utility costs;

(5) Plus 10 percent of the total of (1), (2), (3) and (4);

(6) Plus the estimated proportionate cost of surety bonds (The Contractor shall provide evidence of revised bonds according to Subsection 3.04).

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SUBSECTION 9.03 (Continued)

Unless an agreed lump sum and/or unit price is obtained from above and is so stated in the Extra Work Order the Contractor shall accept as full payment for work or materials for which no price agreement is contained in the Contract an amount equal to the following:

(1) The actual cost for direct labor, material (less value of salvage, if any) and use of equipment, plus 10 percent of this total for overhead;

(2) Plus 13 percent of direct labor, for the actual costs of Federal Insurance Contribution Act (FICA), Federal Unemployment Tax Act (FUTA), State Unemployment Tax Act (SUTA), including workforce training and Massachusetts Employer Medical Assistance Contribution, Earned Sick Time (EST) Law (940 CMR 33.00), and Paid Family and Medical Leave (PFML) Act (458 CMR 2.00);

(3) or, as an alternative to the above 13 percent, the Contractor may elect to use actual rates for FICA, FUTA, SUTA, EST and PFML provided the actual rates are supported with verifiable documentation and shall be subject to review by Audit Operations;

(4) Plus the actual cost of Workmen’s Compensation and Liability Insurance, Health, Welfare and Pension benefits, and such additional fringe benefits which the Contractor is required to pay as a result of Union Labor Agreements and/or is required by authorized governmental agencies;

(5) Plus subcontractor or a Public or Private Utility costs;

(6) Plus 10 percent of the total of (1), (2), (3) and (4);

(7) Plus the estimated proportionate cost of surety bonds (The Contractor shall provide evidence of revised bonds according to Subsection 3.04).

Costs incurred for traffic police, railroad flagging and permits will be reimbursed without markup for overhead or profit.

No payments will be made for general superintendence, the use of small hand tools, and manual equipment.

The Contractor shall, when requested by the Engineer, furnish itemized statements of the cost of the work ordered and give the Engineer access to all accounts, bills and vouchers relating thereto, and unless the Contractor shall furnish such itemized statements, access to all accounts, bills and vouchers, the Contractor shall not be entitled to payment for any items of extra work for which such information is sought by the Engineer.

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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.

Allowable work hours for specific locations will be determined by the Engineer. 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.

Lane closures between the hours of 5:00 AM to 9:00 AM and between 3:00 PM to 7:00 PM will not be allowed unless approved in writing by the Engineer. No roadway shall be completely closed to traffic at anytime during the performance of the work.

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.

No additional compensation will be made for scheduled work within a normal 8-hour day.

Nighttime work hours are set to 9:00 PM to 5:00 AM unless otherwise directed by the Engineer.

Scheduled shifts beginning on a Sunday evening are considered part of a typical weekday 8-hour day and not subject to Overtime rates. The Contractor may schedule shifts longer than 8-hours with the approval of the Engineer.

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HOLIDAY WORK RESTRICTIONS

(Supplementing Subsection 7.09)

The District Highway Director (DHD) may authorize work to continue during these specified time periods if it is determined by the District that the work will not negatively impact the traveling public. DHD may allow work in those areas on a case by case basis and where work is behind barrier and will not impact traffic

Below are the holiday work restrictions:

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

Martin Luther King's Birthday (Federal Holiday) No work restrictions due to traffic concerns, however work on local roadways requires permission by the DHD and local police chief.

President's Day (Federal Holiday) No work restrictions due to traffic concerns, however work on local roadways requires permission by the DHD and local police chief.

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

Patriot's Day (State Holiday) Work restrictions will be in place for Districts 3 and 6 along the entire Boston Marathon route and any other locations that the DHD in those districts determine are warranted so as to not to impact the marathon. All other districts work restrictions will be as per DHD.

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

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

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HOLIDAY WORK RESTRICTIONS (Continued)

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

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

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

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

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

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

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

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

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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.

SUBSECTION 8.02 SCHEDULE OF OPERATIONS

Replace this subsection with the following:

An integrated cost and schedule controls program shall be implemented by the Contractor to track and document the progress of the Work from Notice to Proceed (NTP) through the Contractor Field Completion (CFC) Milestone. The Contractor’s schedules will be used by the Engineer to monitor project progress, plan the level-of-effort required by the Department’s work force and consultants and as a critical decision-making tool. Accordingly, the Contractor shall ensure that it complies fully with the requirements specified herein and that its schedules are both accurate and updated as required by the specification throughout the life of the project. Detailed requirements are provided in Division II, Section 722 Construction Scheduling.

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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.

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.

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ENGINEERING SERVICES COST ESTIMATE

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

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

SCHEDULE OF OPERATIONS - SCHEDULE TYPE

The applicable schedule type for this project is Type D.

MATERIALS ORDER

(Supplementing Subsection 8.02)

All sign panels requested for this contract shall be fabricated within thirty (30) days of notification and shall be installed (Item 832.11 excepted) within sixty (60) days. Contract payments may be reduced by $250 for each day or portion of a day that the fabrication or installation work is delayed, excluding Saturdays, Sundays, and Holidays.

Failure to adhere to this schedule shall place the Contractor in default of this Contract, and the Department may exercise their right to terminate and re-advertise the Contract, or to require the Bonding Company to honor the Contract for the remainder of the contract duration.

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CONTRACTOR NOTIFICATION

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 notification and response will be classified in two categories as follows:

Scheduled Work

The Contractor will be notified of scheduled work by either a verbal, 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 seven (7) 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 (24) hours of the time expected, non-response damages will be assessed to the Contractor.

Emergency Work

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

The Contractor will be required to commence this emergency work on site within four (4) hours, unless otherwise directed, after notification by the Department.

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NON-RESPONSE DAMAGES

(Supplementing Subsection 8.11)

Scheduled Work

If after such a notification, the Contractor has not started scheduled work on site within (24) hours of the time expected, non-response damages will be assessed to the Contractor. Contract payments will be reduced by $1,000 for each day or portion of a day that the work is delayed, excluding Saturdays, Sundays, and Holidays, unless the work was scheduled to be performed on one of these days.

The non-response damages for scheduled work may be waived at the discretion of the Engineer when it is determined that the Contractor acted in good faith and adequate notification was made (to the Engineer) with regard to the failure to respond.

Emergency Work

If after such a 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 $3,000 for each for each time there is a failure to respond.

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

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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 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.

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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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NATIONAL GRID EMERGENCY TELEPHONE NUMBERS

GAS:

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

ELECTRIC:

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

EVERSOURCE EMERGENCY TELEPHONE NUMBERS

GAS:

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

ELECTRIC:

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

BERKSHIRE GAS EMERGENCY TELEPHONE NUMBERS

GAS:

Outage/ Emergency: 1-800-292-5012 or 413-499-1680 New Service: 1-800-297-7144 Customer Support: 1-800-292-5012

MASSDOT FIBER OPTIC CABLE NOTIFICATION AND PROTECTION

REQUIREMENTS

(Supplementing Subsection 7.13)

Prior to the start of any excavation work on or adjacent to Interstate highways or other freeways, 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, electrical and signal cables, handholes, ITS cameras, overhead and permanent changeable message signs (CMS), 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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TRAFFIC OFFICERS AND RAILROAD FLAGGING SERVICE

(Supplementing Subsection 7.11)

Under the provisions of Chapter 634 of the Acts of 1971, the railroad (excluding MBTA) shall furnish, without cost, the necessary flag protection on the railroad right-of-way which may be required for the performance of the work. For MBTA railroad, MassDOT will pay the Contractor for flagging costs in accordance with the procedure described in Subsection 7.11.

For non-Chapter 634 bridges MassDOT will pay the Contractor for flagging costs in accordance with the procedure described in Subsection 7.11.

The Contractor, however, is responsible for all costs incurred in restoring tracks that have been disturbed by the Contractor's operations. Contractor shall comply with the requirements of the Railroad Special Provisions.

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ENVIRONMENTAL PERMITS, CONDITIONS & RESTRICTIONS

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

If field conditions and/or Contractor-suggested methodologies warrant obtaining environmental permits, the Contractor must notify the Engineer prior to commencement of the proposed activity.

The Resident Engineer will coordinate all contact with Local, State or Federal environmental agencies with the MassDOT Environmental Section.

All time delays as a result of filing for and obtaining or modifying permits are not subject to a claim. Additionally, the Contractor may be required to submit additional information with respect to proposed work subject to environmental regulations.

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

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

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

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

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

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PAINTED STEEL

Lead based paint was historically used on steel bridge components through the early 1990s and may be encountered during this project. If it is anticipated that painted steel will be encountered during sign replacement activities, the project should include the General Requirements for Demolition and Work Involving Painted Steel (02/06/2020 version) to guide the Contractor during bridge demolition.

SOIL IMPACTS

When generation of hazardous wastes and/or excavation may be conducted within a contaminated area, this information is to be communicated to the District Environmental Engineer (DEE) or the District designee for review through the ESR process prior to initiating the work. The DEE or District designee, with assistance from the EMS Compliance Coordinator, is responsible for assisting in the development of the required management procedures for hazardous/regulated wastes that may be generated during the project including personal protective equipment, generation of manifests, collection/storage of wastes, transfer/disposal of wastes, and tracking manifest documentation.

CONTRACTOR ACTIVITY ADJACENT TO WETLANDS

The Contractor shall not stockpile material, debris, 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.

PRECAUTIONS FOR PROTECTION OF THE ENVIRONMENT

During the execution of work under this Contract, the Contractor shall exercise care in the placement and storage of equipment, materials and debris as some areas of the site are in environmentally sensitive areas. No equipment, materials or debris can be placed or stored in or near a resource or drainage area leading to a resource as directed by the Engineer.

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

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EMERALD ASH BORER ADVISORY

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

SPECIAL CONSTRUCTION CONDITIONS (ACCIDENT RECOVERY)

The Contractor shall perform in-house or engage third-party services for accident recovery.

Accident recovery shall require the Contractor to recover repair costs associated with the repairs or replacement of damaged signs from the responsible driver’s insurance company. Accident recovery shall be employed under the following conditions:

• Accident recovery must be performed by a Massachusetts Department of Transportation – Highway Division pre-qualified accident recovery firm.

• The same accident recovery firm shall be used throughout the term of this Contract unless permission is granted by the Engineer to select another firm due to unusual circumstances.

• Accident cost recovery shall follow all current procedures established by the Massachusetts Department of Transportation – Highway Division (see Document A00811-S.O.P. HOD- 03-01-1-000).

• The Contractor shall provide the Engineer with quarterly reports regarding the location, amount, and status of all accident recovery invoices sent to insurance providers.

• The Engineer shall not be responsible for any reduction in contract payments resulting from utilization of a third-party accident recovery firm.

• The Engineer will pay the Contractor’s repair costs when the responsible driver was not identified in a police report, was not insured, or was underinsured for the property damaged cause, or collections could not be made for reasons beyond the control of the Contractor.

For such circumstances, costs will be paid at the Contract unit price bid for such work or, where applicable, Subsection 9.03 of the Standard Specifications.

WARRANTY OF THE WORK

The Contractor shall expressly warrant for a period of one (1) year after Contract Completion Date, unless a longer period is specified in the Contract, that all material, equipment and workmanship furnished for the Project are free from defects and fully comply with the requirement of the Contract documents. Liability under this warranty expands the scope of the Contractor’s responsibility for defective work beyond the date of Contract Completion Date. Defective materials and equipment are defined as materials and equipment which, in the opinion of the Engineer, are not performing properly for the purpose for which they are intended and or as required by the Contract document.

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WARRANTY OF THE WORK (Continued)

The Contractor shall correct or repair any work or replace any material or equipment furnished that is determined to be defective to the satisfaction of the Department. The Contractor shall also correct any problems resulting from poor workmanship as determined by the Engineer.

If the Contractor fails to correct any defective work identified during the warranty period, the Department reserves its rights to take action against the Contractor’s prequalification status. In addition, if the Contractor fails to perform the required corrective work the Department may seek recourse through the Contractor’s surety if any additional cost are incurred by the Department to correct the defective work.

PROGRESS DOCUMENTATION

The Contractor shall document each sign install/repair throughout the Contract Duration. The documentation shall include a preexisting/post repair digital and print image of each sign install / repair, along with its associated location (City / Town, Route, Direction, Mile Marker, and Coordinates), which shall be submitted by the Contractor as part of the their required backup information for each Contract Quantitiy Estimate.

SUBSECTION 8.02 SCHEDULE OF OPERATIONS

Replace this subsection with the following:

An integrated cost and schedule controls program shall be implemented by the Contractor to track and document the progress of the Work from Notice to Proceed (NTP) through the Contractor Field Completion (CFC) Milestone. The Contractor’s schedules will be used by the Engineer to monitor project progress, plan the level-of-effort required by the Department’s work force and consultants and as a critical decision-making tool. Accordingly, the Contractor shall ensure that it complies fully with the requirements specified herein and that its schedules are both accurate and updated as required by the specification throughout the life of the project. Detailed requirements are provided in Division II, Section 722 Construction Scheduling.

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SECTION 722

CONSTRUCTION SCHEDULING

DESCRIPTION

722.20 General

The Contractor's approach to prosecution of the Work shall be disclosed to the Department by submission of a Critical Path Method (CPM) schedule and a cost/resource loaded Construction Schedule as defined by the schedule type set forth below. These requirements are in addition to any requirements imposed in other sections.

This section establishes the requirement for scheduling submissions. There are four schedule types identified as types A, B, C and D. The schedule type applicable to this project is established in the project special provisions.

All schedules shall be prepared and submitted in accordance with this specification and the instructions contained in the Construction Schedule Toolkit located on the MassDOT-Highway Division website at https://www.mass.gov/info-details/massdot-highway-contractors-schedule-toolkit.

Type A –

• Schedule Planning Session

• Baseline CPM Schedule

• Monthly Update CPM Schedule

• Short-term Construction Schedule

• Contract Schedule Update Meeting

• Cost-loaded & Resource Loaded CPM

• Resources Graphic Reporting

• Cash Flow Projections from the CPM

• Cash Flow Charts

• Monthly Projected Spending Report (PSR)

• Contractor-furnished CPM software and computer

Type B –

• Schedule Planning Session

• Baseline CPM Schedule

• Monthly Update CPM Schedule

• Short-term Construction Schedule

• Contract Schedule Update Meeting

• Cost-loaded & Resource Loaded CPM https://www.mass.gov/info-details/massdot-highway-contractors-schedule-toolkit

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SECTION 722 (Continued)

Type C –

• Schedule Planning Session

• Baseline CPM Schedule

• Monthly Update CPM Schedule

• Short-term Construction Schedule

• Contract Schedule Update Meeting

Type D -

• Bar chart schedule updated monthly or at the request of the Engineer

• Short-term Construction Schedule

EQUIPMENT, PERSONNEL

722.40 General

A. Software Requirements The Contractor shall use Primavera P6 computer scheduling software.

In addition to the requirements of Section 740 – Engineer’s Field Office and Equipment, the

Contractor shall provide to the Department one (1) copy of the scheduling software, one (1) software license and one (1) computer capable of running the scheduling software for the duration of the Contract. This computer and software shall be installed in the Engineer’s Field Office. The computer and software shall be maintained and serviced at no additional cost to the Department.

B. Scheduler Requirements The Scheduler shall be approved by the Engineer.

For Type A, B and C Schedules the name of the Contractor’s Project Scheduler together with his/her qualifications shall be submitted to the Department for approval by the Engineer within seven (7) Calendar Days after NTP. The Project Scheduler shall have a minimum of five (5) years of project CPM scheduling experience, three (3) years of which shall be on projects of similar scope and value as the project for which the Project Scheduler is being proposed.

References shall be provided from past projects that can attest to the capabilities of the Project Scheduler.

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SCHEDULING METHODS

722.60 General

A. Schedule Planning Session The Contractor shall conduct a schedule planning session prior to submission of the Baseline

Schedule. This session will be attended by the Department and its consultants. During this session, the Contractor shall present its planned approach to the project including, but not limited to:

1. the Work to be performed by the Contractor and its subcontractors;

2. the planned construction sequence and phasing; planned crew sizes;

3. summary of equipment types, sizes, and numbers to be used for each work activity;

4. all early work related to third party utilities;

5. identification of the most critical submittals and projected submission timelines;

6. estimated durations of major work activities;

7. the anticipated Critical Path of the project and a summary of the activities on that

Critical Path;

8. a summary of the most difficult schedule challenges the Contractor is anticipating and how it plans to manage and control those challenges;

9. a summary of the anticipated quarterly cash flow over the life of the project.

This will be an interactive session and the Contractor shall answer all questions that the

Department and its consultants may have. The Contractor shall provide a written summary of the information presented and discussed during the session to the Engineer. The Contractor’s Baseline Schedule and accompanying Schedule Narrative shall incorporate the information discussed at this Schedule Planning Session.

B. Schedule Reviews by the Department

1. Baseline Schedule Reviews The Engineer will respond to the Baseline Schedule Submission within thirty (30) Calendar Days of receipt providing comments, questions and/or disposition that either accepts the schedule or requires revision and resubmittal. Rejected Baseline Schedules shall be resubmitted within fifteen (15) Calendar Days after receipt of the Engineer’s comments.

2. Contract Progress Schedule / Monthly Update Reviews / Recovery Schedules

The Engineer will respond to each submittal within twenty-one (21) Calendar Days.

Rejected schedules shall be resubmitted by the Contractor within five (5) Calendar Days after receipt of the Engineer’s comments.

The Engineer’s review comments shall not be construed as direction to change the Contractor’s means and methods. The review and acceptance of the CPM schedule does not relieve the Contractor of the responsibility for accomplishing the work within the contract required completion dates. Omissions and errors in the accepted CPM schedule shall not excuse performance less than that required by the Contract.

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722.61 Schedule Content and…