Massachusetts Department Of Transportation Highway Division Proposal No. 616470-137024

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DOCUMENT A00801

SPECIAL PROVISIONS

DISTRICT 2

Scheduled & Emergency Facilities Repair and Improvements At Various Locations

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

SCOPE OF WORK

All work under this contract shall be done in conformance with 2026 Standard Specifications for Highways and Bridges Division-I (General Requirements and Covenants), The Latest Edition of the State Building, Electrical and Plumbing Codes; The Latest Edition of Architectural Access Board Handicap Codes, and sections.

All work under this Contract shall be done in conformance with the 2026 Standard Specifications for Highways and Bridges, the Supplemental Specifications contained in this book, the Construction Standard Details in effect as of August 2026, the 1990 Standard Drawings for Signs and Supports, the 2015 Overhead Signal Structure and Foundation Standard Drawings, the 11th Edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the January 2026 Massachusetts Amendments to the MUTCD, the 1968 Standard Drawings for Traffic Signals and Highway Lighting, the latest edition of The American Standard for Nursery Stock, the Plans and these Special Provisions.

The work under this contract consists of providing various artisans, along with necessary materials, supplies, equipment, and technical expertise, to perform maintenance and repairs at various MassDOT facilities in District 2.

List of Trades which may be required for this project (but not limited to):

• Laborer

• Carpenter

• Electrician

• HVAC Mechanic

• Painter

• Plumber

• Roofer

• Cement Mason

• Iron Worker

The work to be done under this contract may include maintenance and repair work that is necessary to maintain a continuous operation at each facility.

Massachusetts Department of Transportation Highway Division

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SCOPE OF WORK (continued)

No work shall commence under this contract without explicit authorization and direction from the Engineer. This contract does not assign the Contractor full responsibility for the ongoing maintenance of all facilities listed in these Special Provisions. The Department reserves the right to perform maintenance with its own forces or enter into separate agreements and contracts for specific maintenance tasks.

Certain tasks may require the Contractor (or their subcontractors) to be available 24 hours a day.

The Contractor must provide the Department with the names and contact numbers of personnel who can be reached at any time during the contract term. These individuals must have the authority to mobilize necessary labor, materials, and equipment to address emergency situations promptly.

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.

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 MassDOT facilities within District 2. Work locations will be within the limits of District 2 on various roadways as assigned by the Engineer. The following web link provides the cities and towns under the jurisdiction of District 2:

http://www.massdot.state.ma.us/highway/AbouttheDistricts.aspx

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

The facilities include, but are not limited to, the following:

CITY/TOWN LOCATION

Athol Depot Route 32, Petersham Road Belchertown Depot Route 9, Ware Road Bernardston Depot Routes 10 & I-91 Interchange Chicopee Depot I-90 MM 52.0 WB (240 Old Fuller Road) Deerfield Depot Route 116, South Deerfield Erving Depot Route 2, Erving Granby Satellite Depot Route 116 at Amherst / Granby Town Line Northampton Depot Route 5, Mt. Tom Road Northampton District Office Routes 5 & 10, 811 North King Street Orange Depot Route 122, 561 South Main Street Palmer Depot Route 20, Blanchard Road South Hadley Depot Old Lyman Road at Route 33 Springfield Depot Magaziner Street, Springfield Ware Satellite Depot Route 32 at Ware / West Brookfield Warren Depot I-90 MM 69.89 WB (959 Brimfield Road West Springfield Depot 2 Ashley Avenue off Route 5 Westfield Depot Route 20, Little River Road Winchendon Depot Route 202, Baldwinville Road

REST AREAS LOCATION

Gill Route 2, French King Bridge Holyoke I-91, Northbound and Southbound Templeton Route 2, Eastbound and Westbound

TOURIST INFORMATION CENTER LOCATION

Greenfield Route 2A at I-91 Interchange 26 http://www.massdot.state.ma.us/highway/AbouttheDistricts.aspx

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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:

Where:

REPAIR REPORT

The Contractor shall submit a signed “Daily Force Account Report” (Form CSD-123) [See Attached-Doc A00814] for each day work is performed under this contract.

The report must include the following details:

• Number and type of workers

• Actual hours worked on-site for each worker, categorized as regular or overtime

• Work location

• A detailed description of the work accomplished, including square footage or linear footage of materials applied

• Subcontractor labor and accomplishments

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WORK SCHEDULE

The standard work schedule consists of 8-hour shifts, five (5) days a week. Unless otherwise directed by the Engineer, work shall be performed during the normal operating hours of the facilities, typically from 7:30 A.M. to 4:00 P.M., Monday through Friday. Any hours worked beyond 8 hours per day or 40 hours per week will be considered overtime and compensated accordingly. The Contractor will not be compensated for overtime if the work is scheduled outside of these hours for the Contractor’s convenience.

The Contractor is required to contact the District Maintenance Engineer to confirm the allowable work hours for all maintenance tasks under this contract. If the Engineer directs the Contractor to start work before or extend work beyond the normal hours specified above, that time will be considered overtime.

If the Contractor reports, as directed by the Engineer, to the job site and completes his work all outside the normal "base" hours, he shall be entitled to a minimum of four (4) hours.

Overtime will be compensated by the appropriate factor in the Compensation Table elsewhere in this Contract. Any direction by the Engineer to work overtime shall be pre-approved followed up by written approval.

CONTRACTOR NOTIFICATION

Scheduled Work The Contractor will be notified of scheduled work via a written or electronic Work Order. The Work Order will specify the location and provide a detailed scope of work for the assignment.

The work must be scheduled and commence on-site within 48 hours of receiving the notification from the Department.

MassDOT may also designate specific dates and times for scheduled or routine work to begin. If the Contractor does not report to the site and begin work within 4 hours of the expected start time, a non-response damage will be assessed.

Emergency Work In the event of an emergency requiring immediate response, the Contractor is obligated to provide MassDOT with the name(s) and telephone number(s) of a person or persons available 24 hours a day throughout the duration of the contract. The designated contact(s) must have the authority to mobilize necessary labor, materials, and equipment to address the emergency.

The Contractor will be notified of emergency work requiring immediate attention through both verbal and written/electronic Work Orders. These Work Orders will identify the location, scope, and specific expectations of the Engineer. The Work Order will also indicate any required lane closures.

The Contractor must commence emergency work on-site within 4 hours, unless otherwise directed, following notification from the Department.

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NON-RESPONSE DAMAGES

(Supplementing Subsection 8.11)

Scheduled Work If, after notification, the Contractor has not commenced scheduled work on-site within 48 hours of the notification, a non-response damage will be assessed. Contract payments will be reduced by $500.00 for each day, or portion of a day, that the work is delayed, excluding Saturdays, Sundays, and Holidays, unless the work was specifically scheduled to occur on one of these days.

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

Emergency Work If, after notification, the Contractor has not commenced emergency work on-site within 4 hours of the notification, a non-response damage will be assessed. Contract payments will be reduced by $1000.00 for each instance where the Contractor fails to respond within the specified time frame.

The Contractor is advised that operational circumstances may sometimes prevent access or completion of repairs within the specified 4-hour response window. In such cases, the Contractor shall coordinate with the Engineer to schedule access for the earliest available MassDOT timeframe.

COST ESTIMATES

When the scope of a repair task can be adequately determined and described, the Contractor, upon direction from the Engineer, shall submit a written Cost Estimate for the repair task. Each Cost Estimate shall include:

• An itemized scope of work

• A working schedule (indicating the number of working days and hours worked each day)

• Work procedures

• A NOT-TO-EXCEED cost breakdown, itemized by:

• Number and type of workers

• Number and type of equipment

• Materials

• Specialty contractors

• Additional artisans

• Engineering services

• Any other relevant costs

Submission of a Cost Estimate does not guarantee that the Contractor will be assigned the work.

Payment will be based on actual hours worked at the contractual rates for the various items as described, up to the maximum task amount.

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COST ESTIMATES (Continued)

The Contractor is solely responsible for completing the task once the not-to-exceed amount has been reached. If unforeseen issues arise during the task, the Contractor must submit a revised scope of work to the Engineer, including a comparison with the original scope and a breakdown of additional costs. Any increase to the not-to-exceed amount will require approval from the Engineer and will only be granted if the additional work is justified.

NON-BID ITEMS

Throughout the course of this contract, conditions may arise that require labor, equipment, engineering services, and/or materials that are not listed as Bid Items.

Payment will be made for the time spent working on the Department's facilities and shall not include travel time to and from the Contractor's place of business. Payment shall also not include time for investigational field trips to find out how much material, supplies, equipment, tools, etc., may be needed for the work.

Personnel assigned to perform the work must possess all necessary licenses and tools required for the tasks. These tools are considered incidental to the rates of payment. Workers will be compensated according to the rates specified in Item 100.1 – Base Labor Rate.

For work not covered by specific Bid Items, it is the intent to compensate the Contractor on a time and materials basis, as directed by the Engineer. The payment process for such work is outlined in the following sections: Payment for Materials, Payment for Engineering Services, Payment for Rental Equipment, and Payment for Specialty Services.

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

Trades Artisans will be compensated as specified in Items 100.1 “Base Labor Rate”, 100.11 Electrician, Item 100.12 HVAC Mechanic, 100.13 Plumber, 100.14 Cement Mason and 100.15 Iron Worker. The Contractor will not bid the materials, equipment rental, and specialty service items.

Payment will be based on certified bills submitted, which should include all charges for labor, materials, and equipment in accordance with the terms of the contract.

Bills covering the total charges incurred during a given month must be submitted by the fifteenth of the following month for processing.

The Contractor will be required to furnish certified copies of any or all payrolls for work performed under this Contract to the Engineer. All submissions will show the name, address, and occupational classification of each employee on said works, the hours worked, and the wages paid to such employee.

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PAYMENT FOR MATERIALS

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

The cost of the transportation of materials and/or supplies furnished by MassDOT will be included under Item 100.1

Payments for the installation of materials and/or supplies will be made under Item 100.1.

If the required materials or supplies are not provided by MassDOT, the Contractor will be reimbursed for the actual cost of these materials and/or supplies, along with an additional 10% of the total cost for materials furnished by the Contractor.

Any arrangements for purchasing 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. Materials must not be ordered until approved by the Engineer, and at least three competitive price quotes must be submitted to the Engineer.

The Contractor is required to obtain permission from the Resident Engineer before using artisans for the acquisition of materials and equipment.

The Department will at times perform facilities maintenance work with its own personnel. The Contractor will make available to the Department, any materials or supplies necessary to do this work within the provisions of this contract.

The Contractor must provide certified paid receipts for all materials required to maintain or repair a facility before receiving payment from the Department.

The Department strongly encourages the use of recycled products. The Contractor should identify whenever recycled products are used.

Before scheduling a final inspection, the Contractor must submit the following documentation to the Engineer, as required, when permanent equipment is installed. The Contractor shall submit two

(2) sets of Operation and Maintenance (O&M) Manuals, each containing the following minimum requirements:

As-built wiring, piping schematics Model, serial numbers and capacities Maintenance and repair procedures.

Warranty documents.

Certified Test Reports

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PAYMENT FOR MATERIALS (Continued)

Paper Sizes and Quality

• All documents should preferably be produced in the A4 paper size (8.5 in × 11 in).

• As-built documents and other larger material should preferably be A3 paper size (11 in x

17 in).

Bind or contain each hard copy of the operations and maintenance manuals in white, durable, four ring hard cover binders, not greater than 3 inch thick and, with the Project, Facility, Manual Name (Trade, Service or System Name e.g. Hydraulics Services) permanently marked on the spine and outside front cover with clear protection on the covers.

The front cover of each manual must include the following details:

• Project Title

• The Location Name – the name of the MassDOT Depot/facility on which the works are undertaken (where a project spans a number of locations separate O&M Manuals are to be provided for each Base)

• The Manual Name – the title of the trade, service or systems covered by this Manual, e.g.

- Electrical Fire Services

• The Author – the author or organization responsible for creation of the Manual e.g.

Contractor and/or Sub-contractor

• The date of publication

PAYMENT FOR SPECIALTY SERVICES

The Contractor will be reimbursed for actual expenses plus 10% for the services of a specialty subcontractor, if required to perform specific tasks. However, no services shall be obtained until prior approval is granted by the Engineer.

The Contractor shall ensure that the subcontractor has all necessary equipment, tools, materials, and manpower to the satisfaction of the Engineer before commencing work, except in the case of an emergency. If, at any point during the work, the Engineer determines that the subcontractor’s equipment, tools, materials, or manpower are inadequate, work shall cease until the necessary resources are provided.

The Contractor must provide the Engineer with the name(s) and 24-hour contact information for the subcontractor’s representative(s), who will have the authority to mobilize labor, materials, and equipment as needed in an emergency. It is understood that, in emergency situations, the Engineer will have direct contact with the designated subcontractor’s representative(s).

It is not necessary for a representative of the prime Contractor to be present during all subcontractor or consultant engineering operations. Supervision will be conducted by Department personnel.

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PAYMENT FOR SPECIALTY SERVICES (Continued)

Upon completion of the work, the specialty subcontractor or vendor must submit an itemized invoice to both the Contractor and the Engineer. This invoice must detail hourly rates and totals for labor, materials, supplies and any costs for specialized rental equipment approved by the Engineer. The Contractor will be reimbursed for the total of these itemized invoices, plus 10%.

The Contractor must submit certified paid receipts for all services required to maintain or repair a facility before payment will be issued by the Department.

A minimum of three (3) competitive price quotes must be submitted to the Engineer for approval.

The Engineer may designate a specific subcontractor to perform certain work.

PAYMENT FOR ENGINEERING SERVICES

If, at any time during the prosecution of this contract, consultant-engineering services are required, said services shall be paid for under this section, Payment for Engineering Services. Services provided by Engineers and/or Architects shall be Registered and/or Licensed in the State of Massachusetts.

The Engineer shall approve the selection of all Engineering/Architectural Consultants and proposed costs prior to any design work being undertaken. The Contractor shall be required to furnish certified paid receipts for all services that are required to maintain or repair a facility prior to payment by the Department.

The Contractor will be reimbursed actual expenses plus 10% for Engineering Services that may be required to perform certain work. However, no services shall be obtained until approved by the Engineer. A minimum of three (3) competitive prices must be submitted to the Engineer. A specific sub-contractor may be designated by the Engineer to do certain work.

PAYMENT FOR RENTAL EQUIPMENT

The Contractor will be reimbursed for the actual cost of rental equipment required to perform specific repair work, plus a 10% markup. However, no equipment shall be rented without prior approval from the Engineer. Rental equipment must not be part of the tradesman’s basic tool kit as specified under Item 100.1 (“Base Labor Rate”).

Contractor-owned equipment required for this contract, excluding equipment listed under the various artisan descriptions in Item 100.1 (“Base Labor Rate”), will be reimbursed according to the procedures outlined in Subsection 9.03 (“Payment for Extra Work”), Section C of the Standard Specifications for Highways and Bridges.

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PAYMENT FOR RENTAL EQUIPMENT (Continued)

Rental equipment will not accrue an overtime premium rate after being in full operation for more than 8 hours in a day. The Contractor will receive compensation for the operator of rental equipment used for “Related Work” items, in accordance with the wage rates specified in the contract, without any additional markup (e.g., the +10% markup), unless the rental cost includes the operator.

During equipment downtime, the Contractor will be compensated at the stand-by time rate, as specified in Subsection 9.03 (“Payment for Extra Work”), Section C of the Standard Specifications for Highways and Bridges, and as amended.

Operators of non-specialized equipment, as determined by the Engineer, shall be compensated according to Item 100.1 (“Base Labor Rate”). For example, a scissor lift is considered non-specialized. The tool truck used by tradesmen to carry their tools and personnel will not be considered rental equipment.

The Contractor must obtain authorization from the Resident Engineer before renting any equipment. Additionally, a minimum of three competitive price quotes must be submitted to the Engineer for approval.

All rental equipment and tools must be in excellent working condition. At the discretion of the Engineer, the Contractor will not be reimbursed for equipment downtime caused by mechanical failure or removal from service by the Contractor.

Rental equipment must be returned to the vendor promptly. If equipment is not returned in a timely manner, the Engineer may prorate the rental cost for the period beyond the equipment’s usefulness.

The Contractor must provide certified paid receipts for all rental equipment required to maintain or repair the facility before payment will be issued by the Department.

RECORD OF CONTRACTORS PERFORMANCE – CHAPTER 149

The Engineer will provide the Division of Capital Asset Management with a written evaluation of contractor performance within 70 days of completion of the project for the prime contractor, and within 90 days of completion for the filed sub contractors. The Engineer will also provide preliminary evaluations at approximately the fifty-percent (50%) point of each contractors work, in addition to final evaluations of all contractors. Document 00438 Standard Contractor Evaluation Form - Chapter 149 is provided for the Engineer’s convenience. See https://www.mass.gov/lists/dcamm-forms-guidelines-manuals-standards-and-templates for the latest forms.

https://www.mass.gov/lists/dcamm-forms-guidelines-manuals-standards-and-templates

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SUBSECTIONS 7.15, 8.11 AND 9.05 PAYMENT PROVISIONS

MassDOT contracts for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building with a PV of more than $5,000 are subject to the payment provisions set forth in the first paragraph of M.G.L. Chapter 30, Section 39K. Delete citations to M.G.L. c. 30, Section 39G, which sets forth payment provisions for contracts for the construction, reconstruction, alteration, remodeling, repair or improvement of public works, in Subsections 7.15,

8.11 and 9.05, and insert in each place a citation to M.G.L. c. 30, Section 39K.

Also, delete from Subsection 7.15 M.G.L. Chapter 30, Section 39G, which is set forth in its entirety, and insert in its place the following text:

Section 39K. Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building by the commonwealth, or by any county, city, town, district, board, commission or other public body, when the amount is more than five thousand dollars in the case of the commonwealth and more than two thousand dollars in the case of any county, city, town, district, board, commission or other public body, shall contain the following paragraph:— Within fifteen days (30 days in the case of the commonwealth, including local housing authorities) after receipt from the contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding authority will make a periodic payment to the contractor for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the materials are free from all encumbrances, but less (1) a retention based on its estimate of the fair value of its claims against the contractor and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within sixty-five days after (a) the contractor fully completes the work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the awarding authority, less than one per cent of the original contract price, or (b) the contractor substantially completes the work and the awarding authority takes possession for occupancy, whichever occurs first, the awarding authority shall pay the contractor the entire balance due on the contract less (1) a retention based on its estimate of the fair value of its claims against the contractor and of the cost of completing the incomplete and unsatisfactory items of work and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, or based on the record of payments by the contractor to the subcontractors under this contract if such record of payment indicates that the contractor has not paid subcontractors as provided in section thirty-nine F.

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SUBSECTIONS 7.15, 8.11 AND 9.05 PAYMENT PROVISIONS (Continued)

If the awarding authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days (twenty-four days in the case of the commonwealth) after receipt of such a periodic estimate from the contractor, at the place designated by the awarding authority if such a place is so designated. The contractor agrees to pay to each subcontractor a portion of any such interest paid in accordance with the amount due each subcontractor.

All other provisions in Subsections 7.15, 8.11 and 9.05 apply.

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.

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NOTICE TO OWNERS OF UTILITIES

The contractor shall investigate to determine the existence of other utilities that may be affected by the contractor’s operations.

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.

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

https://www.mass.gov/info-details/utility-contacts-by-district-and-municipality

The utility contact list is for guidance only and is not guaranteed to be complete or up to date.

SUBSECTION 8.01 SUBLETTING OR ASSIGNMENT OF CONTRACT

M.G.L Chapter 149 Vertical Construction Projects have no requirement for the prime contractor to self-perform 50% of the original total contract price. Delete the following from Subsection 8.01: “In the case such consent is given, the contractor will be permitted to sublet a portion thereof, but shall perform with his/her own organization, work amounting to not less than 50% of the original total Contract price, except that any items designated in the Contract as “specialty items” may be performed by Subcontract and the cost of any such specialty items so performed by Subcontracts may be deducted from the total cost computing the amount of work required to be performed by the Contractor with his/her own organization”. All other provisions in Subsection

8.01 apply.

https://www.mass.gov/info-details/utility-contacts-by-district-and-municipality

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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

PROTECTION OF WORK

The contractor shall protect, at his own expense, his own materials and work from any cause and shall protect materials and work of others from direct and consequential damage, including floods and fires due to his operations. The contractor using tradesmen skilled in the various trades involved, at no extra expense to the owner, shall repair any such damage during the construction and/or guarantee.

PUBLIC SAFETY AND CONVENIENCE

(Supplementing Subsection 7.09)

Sweeping and cleaning of surfaces beyond the limits of the project to clean up material caused by spillage or vehicular tracking during the various phases of the work shall be considered as incidental to the work being performed under the Contract and there will be no additional compensation.

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LAWS/ORDINANCES

The Contractor shall, in the performance of his work under this contract, comply with all the laws, ordinances, codes, rules and regulations of all local and state government authorities, as well as the rules of the National Fire Protection Association, having jurisdiction over the premises and of any public utilities specified. However, requirements in the specifications shall be followed when in excess of local and state minimum requirements.

The Contractor shall procure all required permits and licenses, pay all charges, fees, inspection costs, and taxes and shall give all notices necessary and incidental to the due and lawful prosecution of the work.

The Contractor must submit receipt of payments for costs of procuring required permits and licenses and shall be reimbursed by the Department based on these receipts. Copies of all required permits and licenses shall be filed with the Engineer prior to the beginning of work requiring said permit.

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 to be in compliance with the ESA. Contact MassDOT Environmental Services - Wildlife & Endangered Species Unit Supervisor (David Paulson, david.j.paulson@dot.state.ma.us, 857-262-3378) for questions about project limits, restrictions, or conservation measures.

Required AMM for all projects:

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

NLEB Bat information (https://www.fws.gov/midwest/endangered/mammals/nleb/ and https://www.fws.gov/species/tricolored-bat-perimyotis-subflavus) shall be made available to all personnel.

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

Lighting AMM:

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

October 31.

mailto:david.j.paulson@dot.state.ma.us https://www.fws.gov/midwest/endangered/mammals/nleb/

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NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION (Cont’d)

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.

If work (e.g., Repairs, Replacements, Reconstruction, etc.) on Existing Buildings or Structures (not bridges) is proposed within the project scope, the following AMMs are applicable:

Structure AMMs

• This category includes manmade structures that may provide bat roosting or hibernation habitat that are not bridges (e.g., buildings, sheds, culverts). An inspection of the structure for the presence of, or evidence of use by, bats shall be completed by a Qualified Bat Consultant or MassDOT Biologist prior to commencing structure work. The Contractor shall notify the MassDOT Wildlife Unit no later than thirty (30) days prior to the start of work or reinitiating work to provide adequate time for inspection. If bats are found to be present, or, if there is evidence of bat usage, work at the bridge shall not commence until the MassDOT Wildlife and Endangered Species Unit has completed coordination with the USFWS to determine the appropriate follow up or mitigative actions.

• If bat activity (or signs of frequent bat activity) is observed, Transportation Agencies and State DOTs will not remove the structure.

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

A00801-18

ENVIRONMENTAL PERMITS, CONDITIONS & RESTRICTIONS

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

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

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

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

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

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

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 many of the sites 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. If work to be performed under this contract is within a Wetland and/or Resource Area in accordance with any and all Federal or State laws or regulations, then the Contractor is advised that no work can occur in said work area until all required environmental permitting has been obtained. Environmental permitting shall be performed by the District Environmental Engineer. The Contractor shall have no claim for additional compensation or damages on account of any delays involved in obtaining necessary environmental permits. The Contractor is hereby notified that he will be responsible to comply with all requirements of said environmental permits obtained under this contract.

A00801-19

ENVIRONMENTAL

The Contractor is hereby notified that components of the existing facility buildings may contain asbestos, lead or other hazardous materials. The Contract shall not proceed with any demolition, excavation or construction activity without ensuring that such activity does not pose a hazard to the environment or to worker health and safety.

Contaminated Soils If excavation work is to be performed, then the Contractor must be aware of potential oil and hazardous material impacts due to contaminated soil. When contaminated soil is encountered the Contractor should consult MassDOT Resident Engineer prior to any excavation activities.

Soil to be removed from the project area shall not be assumed to be uncontaminated and must be evaluated prior to off-site management for potential contamination with hazardous materials. No soil may be disposed of off-site without proper assessment by the contractor and approval from the Resident Engineer (RE), District Environmental Engineer (DEE), or the project designee.

Soil Stockpiling Directive P-22-001 Any stockpiling of soil must be performed in compliance with Policy Directive P-22-001, Off-Site Stockpiling of Soil from MassDOT Construction Projects. This directive limits the allowable locations for off-site stockpiling of soil generated during MassDOT projects and includes various requirements that must be satisfied by the contractor prior to off-site stockpiling.

Asbestos-Containing Material Building materials within and on the exterior of maintenance facility buildings may contain asbestos. Therefore, there is a potential to disturb asbestos-containing materials (ACM). The District Asbestos Coordinator should be consulted to determine if any ACM is present in areas where renovation and/or demolition work will be conducted, establishing a procedure for identifying and abating ACM prior to any renovation or demolition activities.

PCBs in Building Materials Polychlorinated biphenyls (PCBs) may be found in various building materials, most commonly caulk and other sealants. The potential for building materials to contain PCBs should be evaluated prior to any disturbance, and PCB-containing building materials must be handled and disposed of in accordance with all applicable regulations.

Lead-Based Paint Lead-based paint may be encountered during repair work on facility buildings. Before any work that will disturb paint is initiated, steps should be taken to determine whether the paint contains lead.

Light Ballasts and/or Lamps Light ballasts may contain PCBs, and fluorescent and other lamps may contain mercury.

Therefore, waste generated from work on lighting systems should be managed in accordance with the regulations and requirements of local authorities governing the disposal of such materials.

A00801-20

ENVIRONMENTAL (Continued)

Other Universal Wastes Examples of other universal wastes that may be encountered during maintenance and repair work include batteries and mercury switches and thermostats.

Disposal of Treated Wood Products The timber components of the existing structures are suspected to be treated with creosote, pentachlorophenol, and/or CCA. This item shall include all costs for sampling, laboratory testing, loading, transportation and disposal of the treated wood. The Contractor is required to submit disposal manifests to the Engineer prior to the completion of the contract. All aspects of this item are to be completed in accordance with state and federal regulations.

Compensation All work in conjunction with the proper, legal disposal of hazardous materials shall be considered as a reimbursable expense. The Contractor will be compensated under Non-Bid Item “Specialty Services”. The Department reserves the right to employ other parties to perform the work indicated above.

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.

A00801-21

HOLIDAY WORK RESTRICTIONS (Continued)

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

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

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

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

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

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.

A00801-22

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.