A00801-616509.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 616509-136962

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DOCUMENT A00801

SPECIAL PROVISIONS

DISTRICT 6

Scheduled & Emergency Tree Trimming & Sight Distance Improvement at Various Locations

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

SCOPE OF WORK

The work under this contract will consist of removing, trimming, or shaping roadside growth: to eliminate trees and branches that are considered hazardous to the traveling public; to re-establish design sight distance; to re-establish safety recovery zones; and to clear overgrowth for sign visibility.

The Contractor shall be prepared to respond to emergency repair work once the Notice to Proceed is issued.

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.

LOCATION OF WORK

Work under this contract will be required on any or all state highways and roadways within District 6 assigned by the Engineer. The following web link provides the cities and towns under the jurisdiction of District 6.

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

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

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

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CONTRACTOR QUESTIONS AND ADDENDUM ACKNOWLEDGMENTS

Prospective bidders are required to submit all questions to the Construction Contracts Engineer by 3:00 P.M. on the Tuesday of the previous week before the scheduled bid opening date. Any questions received after this time will not be considered for review by the Department.

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

ACCESS MASSDOT HIGHWAY INFORMATION ON WEBSITE

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

https://www.mass.gov/orgs/highway-division mailto:MassDOTSpecifications@dot.state.ma.us https://www.mass.gov/orgs/highway-division

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WORK SCHEDULE

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

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

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

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

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

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WORK SCHEDULE

Activity on this project may be done during the daytime or during the nighttime as needed and as directed. No additional compensation will be made for work scheduled during nighttime hours.

Night time work will be done in accordance with the following schedule:

Sunday, 9:00 P.M. to Monday, 5:00 A.M.

Monday, 9:00 P.M. to Tuesday, 5:00 A.M.

Tuesday, 9:00 P.M. to Wednesday, 5:00 A.M.

Wednesday, 9:00 P.M. to Thursday, 5:00 A.M.

Thursday, 9:00 P.M. to Friday, 5:00 A.M.

Any approved daytime operation(s) that consistently has (have) an adverse effect on traffic flow may be shifted to nighttime at the Engineers’ discretion. For daytime operations on high volume and/or high speed roadways, no work will be done on the roadways between the hours of 6:00 AM to 10:00 AM, and between the hours of 3:30 PM to 8:30 PM, Monday through Friday, unless otherwise directed by the Engineer.

All personnel and equipment must be off the traveled way, including shoulders, during the restricted hours. The Engineer reserves the right to alter night work hours to accommodate road-closing schedules as needed.

All scheduled work under this contract will be done during a specified 8-hour shift, 5 day week, unless otherwise directed by the Engineer. Some Items may require extended work hours.

Approval to work overtime will only be given when special conditions exist that warrant working overtime as determined by the Engineer.

Prior to the commencement of work, the Department shall approve all work hours on this project.

Work orders may contain restricted hours.

WORK ACCESS

Access to District 6 Roadway work sites requires coordination. The Contractor is required to complete an Access Work Request Form and submit the completed form, via email to District6AWRequest@dot.state.ma.us by noontime Wednesday of the week preceding the work.

MassDOT notifications (approvals and denials) will be delivered via email by noon on Friday.

All forms shall be signed by the Engineer prior to submittal.

Cancellations shall be submitted to the email; District6AWRequest@dot.state.ma.us at least 2 hours prior to the end of the most recent day shift (i.e., 7am- 3:30pm). Failure to notify the District within the specified time may result in back-charges for any costs incurred. Excessive cancellations or no-shows will be addressed at the District’s discretion.

mailto:District6AWRequest@dot.state.ma.us mailto:District6AWRequest@dot.state.ma.us

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CONTRACTOR NOTIFICATION

Scheduled Work

The Contractor will be notified of scheduled work by either a written or electronic Work Order.

The work order will identify the location and a detailed scope of work for the assignment. This work shall be scheduled and commence on site within forty-eight (48) hoursof notification by the Department.

MassDOT may also direct that scheduled or routine assignments shall commence on a particular date and time. If the Contractor has not reported and started work within 4 hours of the time expected, a non response damages will be assessed to the contractor.

Emergency Work

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

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

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

The Contractor will be required to commence this emergency work on site within 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 notification, the Contractor has not started scheduled work on site fourty-eight (48) hours of the notification, a non-response penalty will be assessed to the Contractor. Contract payments will be reduced by five hundred dollars ($500.00) for each dayor portion of a day that the work is delayed, excluding Saturdays, Sundays, and Holidays, unless the work was scheduled to be performed on one of these days.

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

Emergency Work

If after notification, the Contractor has not started emergency work on site within four (4) hours of the notification, a non-response damages will be assessed to the Contractor. Contract payments will be reduced by one thousand dollars ($1000.00) foreach time there is a failure to respond within the specified hours.

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

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PROVISIONS FOR TRAVEL AND PROSECUTION OF WORK

(Supplementing Subsections 7.09, 7.10, and 8.03)

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

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

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

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

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

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

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TRAFFIC CONTROLS FOR CONSTRUCTION OPERATIONS (DISTRICT 6)

(Supplementing Subsections 850.62 and 850.63)

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

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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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 $3,000,000. / $6,000,000 (Fill in the correct limits from the RR special provisions), on behalf of (name of RAILROAD COMPANY(IES) HERE).

(Supplementing Subsection 7.05)

Railroad insurance will be in accordance with Section 7.05 of the Standard Specifications and the following:

Since the locations of projects involving railroads are unknown, the Contractor will not be required to submit the necessary railroad insurance amounts prior to execution of the contract. Some of the Railroad companies, State agencies and Authorities that operate railroads in District 6 are as follows:

MBTA, CSX, Amtrak, Fore River Transportation, and Pan Am, 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.

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

A notice to proceed will be given after the acquisition of the insurance.

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.

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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:

𝑃𝑃 =

2(𝑓𝑓𝑓𝑓 − 𝑓𝑓′𝑐𝑐)(𝑈𝑈𝑈𝑈)(𝑄𝑄)

𝑓𝑓′𝑐𝑐

Where:

𝑃𝑃 = 𝑝𝑝𝑝𝑝𝑝𝑝 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 𝑓𝑓𝑓𝑓𝑓𝑓 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠 𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐𝑐

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

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SUBMITTALS/CONTRACTOR’S WORK REPORT

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

PRUNING

Any necessary pruning will be done in accordance with the National Arborist Association Pruning Standards as found within the Standard Practices for Tree, Shrub and Other Woody Plant Material, ANSI A300.

Tree Damage

The Contractor shall be responsible for the health and survival of existing trees that are to be retained in the immediate vicinity of the work area. Damage that can be remedied by corrective measures shall be repaired immediately. Broken limbs shall be pruned according to industry standards. Wounds shall not be painted. Trees or shrubs that are damaged irreparably shall be replaced. Cost of replacement trees shall be borne by the Contractor.

WORKER PROTECTION

When poison ivy is encountered, the contractor is required to provide personal protection equipment to protect the workers at no cost to the Department. The contractor’s personnel must wear eye protection during the work progress.

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HOLIDAY WORK RESTRICTIONS

(Supplementing Subsection 7.09)

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

Below are the holiday work restrictions:

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

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

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

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

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

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

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

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HOLIDAY WORK RESTRICTIONS (Continued)

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

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

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

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

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

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

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

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

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NOTICE TO OWNERS OF UTILITIES

Written notice shall be given by the Contractor to all public service corporations or officials owning or having charge of publicly or privately owned utilities of his/her intention to commence operations affecting such utilities at least one week in advance of the commencement of such operations and the Contractor shall at that time file a copy of such notice with the Engineer.

The District Office maintains a list of utility contact persons, addresses and telephone numbers for each town, which may be requested by the Contractor for each location of work. Additionally, a list of public and private utilities can be found on the MassDOT website at:

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

Select District 6 on top of the webpage, select the City/Town, and then locate the utility.

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

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

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

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

NATIONAL GRID EMERGENCY TELEPHONE NUMBERS

GAS:

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

ELECTRIC:

Outage/ Emergency: 1-800-465-1212 New Service: 1-800-375-7405 Customer Support: 1-800-322-3223 https://hwy.massdot.state.ma.us/webapps/utilities/select.asp

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EVERSOURCE EMERGENCY TELEPHONE NUMBERS

GAS:

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

ELECTRIC:

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

MASSDOT I-91, I-90 and I-291 FIBER OPTIC CABLE NOTIFICATION AND

PROTECTION REQUIREMENTS

Prior to the start of any excavation work on I-91, I-90 or I-291, it shall be the responsibility of the Contractor to make their own investigation in order to assure that no damage to existing Fiber Optic Cable (FOC), electrical and signal cables, handholes, ITS cameras, overhead and ground mounted variable message boards, and other appurtenant infrastructure (jointly referred to as the ITS infrastructure) will occur. Extreme care shall be taken when excavating adjacent to or in the vicinity of existing ITS infrastructure. The Contractor may be required to hand dig within 18” either side of the conduit, as directed by the engineer and with no additional compensation, and will be held financially responsible for repairing any damage to the ITS infrastructure. Damage to the ITS infrastructure due to Contractor operations shall be repaired by MassDOT hired and approved Contractors and billed to the Contractor. The Contractor shall be responsible for all costs relating to such repairs.

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COMPLIANCE WITH THE NATIONAL DEFENSE AUTHORIZATION ACT

(Supplementing Subsection 7.01)

On all projects, the “Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment” Regulation (2 CFR 200.216) prohibits the Contractor from using or furnishing the following telecommunications equipment or services:

• Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

• For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

• Telecommunications or video surveillance services provided by such entities or using such equipment.

• Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

This prohibition applies to all products manufactured by the aforementioned companies, including any individual components or parts.

By submitting a bid on a project, the Contractor certifies that all work will be in compliance with the terms of 2 CFR 200.216. The Contractor shall submit a COC indicating compliance with the above provisions for all telecommunications equipment or services included in the Contract.

Payment for the item in which the materials are incorporated may be withheld until these COCs are received. Any cost involved in furnishing the certificate(s) shall be borne by the Contractor.

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ENVIRONMENTAL PERMITS, CONDITIONS & RESTRICTIONS

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

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

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

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

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

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

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

CONTRACTOR ACTIVITY ADJACENT TO WETLANDS

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

CONTRACTOR ACTIVITY ADJACENT TO CURB AND SIDEWALK

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

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PRECAUTIONS FOR PROTECTION OF THE ENVIRONMENT

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

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

EMERALD ASH BORER ADVISORY

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

Additional information can be found at https://www.mass.gov/guides/emerald-ash-borer-in-massachusetts https://www.mass.gov/guides/emerald-ash-borer-in-massachusetts

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NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION

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

The following Avoidance and Minimization Measures (AMMs) must be strictly adhered to in order to protect NLEB and TCB and to be in compliance with the ESA. Contact MassDOT Environmental Services - Wildlife & Endangered Species Unit Supervisor (David Paulson, david.j.paulson@dot.state.ma.us , 857-262-3378) for questions about project limits, restrictions, or conservation measures.

The Resident Engineer can check on the status of AMM applicability by sending a locus map of the proposed work to MassDOT Highway Division’s Environmental Services Section - Wildlife & Endangered Species Unit Supervisor for review and a determination if some of the AMMs and TOY restriction can be waived.

Required AMM for all projects:

• The Contractor shall ensure all personnel working in on the project site are aware of all environmental commitments related to NLEB and TCB, including all applicable AMMs. NLEB Bat information (https://www.fws.gov/midwest/endangered/mammals/nleb/ and https://www.fws.gov/species/tricolored-bat-perimyotis-subflavus ) shall be made available to all personnel.

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

Lighting AMM:

• Direct temporary lighting away from suitable habitat during the active season: April 15 to October 31.

If the Removal of Trees and/or Woody Vegetation >3-inch in diameter is proposed within the project scope, the following AMMs are applicable:

Tree AMMs:

• If additional cutting is proposed by the Contractor that is outside the scope of this contract, additional review is required by the MassDOT Highway Division’s Environmental Services Section, and additional review and restrictions may be required by the USFWS.

• Ensure tree removal is limited to that specified in project plans and ensure that contractors understand clearing limits and how they are marked in the field (e.g., install bright colored flagging/fencing prior to any tree clearing to ensure contractors stay within clearing limits).

• In order to protect northern long-eared bats and their young during their active season, no tree cutting shall be conducted during the Time of Year (TOY) restriction of April 15 to October 31.

• Do not remove documented or NLEB roosts that are still suitable for roosting, or trees within

0.25 miles of roosts, or documented foraging habitat any time of year (http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/species-information-andconservation/rare-mammals/northern-long-eared-bat.html ).

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

mailto:david.j.paulson@dot.state.ma.us https://www.fws.gov/midwest/endangered/mammals/nleb/ https://www.fws.gov/species/tricolored-bat-perimyotis-subflavus http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/species-information-andconservation/rare-mammals/northern-long-eared-bat.html http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/species-information-andconservation/rare-mammals/northern-long-eared-bat.html

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ASIAN LONGHORNED BEETLE ADVISORY

This project falls within the Asian Longhorned Beetle (ALB) Eradication Program Regulated Boundary. Bidders should familiarize themselves with the ALB Factsheet, Federal Regulations, and the Animal and Plant Health Inspection Service (APHIS)/USDA website www.aphis.usda.gov. All contract bid items involving removal of trees or portions of trees may be affected by this condition. It is possible that certain additional training & certification requirements and special disposal requirements will be required at a minimum. Bidders shall include any additional costs of compliance with city, state and federal regulations within the above bid items at this time.

Working in Massachusetts’ ALB Regulated Areas APHIS has partnered with the U.S. Forest Service, the Massachusetts Department of Conservation and Recreation, the Massachusetts Department of Agricultural Resources, and the City of Worcester. Together, these organizations form the ALB Cooperative Eradication Program in Massachusetts. Both Federal and State law establish regulated areas around ALB infestations. The regulated areas assist in beetle eradication by curtailing the movement of materials that could host populations of the ALB. This keeps infestations from spreading. Federal and State laws outline the conditions and requirements for moving regulated articles out of or within the infested area. The Federal regulation can be found at 7 CFR 301.51. Training sessions, workshops, and other outreach tools designed to assist businesses with compliance are offered in the Worcester area to explain the ALB and laws enacted to eradicate it.

The Contractor must be aware of the Regulated Boundary as it may be expanded during the execution of the work under this Contract. A map of this area can be found at:

https://www.mass.gov/guides/asian-longhorned-beetle-in-massachusetts#-current-detections-

DISPOSAL OF TREE DEBRIS

All materials removed under this contract shall be disposed of by the Contractor outside and away from the limits of the project in accordance with all applicable laws. Debris shall not be permitted to accumulate and all work areas shall be cleaned up to the satisfaction of the Engineer.

Debris shall be removed from the site and disposed of by the Contractor subject to the regulations and requirements of local authorities governing the disposal of such materials, at no additional compensation. The Contractor shall make his/her own arrangements for disposal. No disposal shall be made on property of the Commonwealth.

http://www.aphis.usda.gov/ https://www.mass.gov/guides/asian-longhorned-beetle-in-massachusetts#-current-detections-

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CONTAMINATED MATERIALS

The Contractor must be aware of the potential of encountering oil and hazardous materials during clearing and grubbing, tree removal and stump removal operations.

In the event contaminated soil and/or groundwater are encountered, the Contractor must immediately cease the operation, secure the site and notify the Engineer immediately.

DISPOSAL OF EXCAVATION MATERIAL

Surplus materials obtained from any type of work performed by the Contractor, and not needed for further use as determined, shall become the property of the Contractor and shall be disposed of by him outside the limits of the State Highway Layout. This removal will be subject to the regulations and requirements of the authorities governing the disposal of such materials at no additional compensation. Payment for this work shall be included in the bid unit price under the applicable item from which the material was obtained.

MULTIPLE CREWS

Since this contract encompasses all of District <X> the Contractor shall be prepared to provide more than one crew as needed throughout the duration of the contract. If additional crews are requested but not provided the Contractor shall be assessed non-response damages as described within the special provisions.

SOIL STOCKPILING DIRECTIVE P-22-001

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

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TRUCK SAFETY DEVICES

(Supplementing Subsection 7.04: Motor Vehicles)

All motor vehicles subject to section 7 of chapter 90 to be operated under this Contract shall be equipped with safety devices as provided therein and in 540 CMR 4.00.

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

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

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

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

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SUBSECTION 8.14 UTILITY COORDINATION, DOCUMENTATION, AND

MONITORING RESPONSIBILITIES

A. GENERAL

In accordance with the provisions of Section 8.00 Prosecution and Progress, utility coordination is a critical aspect to this Contract. This section defines the responsibility of the Contractor and MassDOT, with regard to the initial utility relocation plan and changes that occur as the prosecution of the Work progresses. The Engineer, with assistance from the Contractor shall coordinate with Utility companies that are impacted by the Contractor’s operations. To support this effort, the Contractor shall provide routine and accurate schedule updates, provide notification of delays, and provide documentation of the steps taken to resolve any conflicts for the temporary and/or permanent relocations of the impacted utilities. The Contractor shall provide copies to the Engineer of the Contractor communication with the Utility companies, including but not limited to:

• Providing advanced notice, for all utility-related meetings initiated by the Contractor.

• Providing meeting minutes for all utility-related meetings that the Contractor attends.

• Providing all test pit records.

• Request for Early Utility work requirements of this section (see below).

• Notification letters for any proposed changes to Utility start dates and/or sequencing.

• Written notification to the Engineer of all apparent utility delays within seven (7) Calendar

Days after a recognized delay to actual work in the field – either caused by a Utility or the Contractor.

• Any communication, initiated by the Contractor, associated with additional Right-of-Way needs in support of utility work.

• Submission of completed Utility Completion Forms.

B. PROJECT UTILITY COORDINATION (PUC) FORM

The utility schedule and sequence information provided in the Project Utility Coordination Form (if applicable) is the best available information at the time of the bid and has been considered in setting the contract duration. The Contractor shall use all of this information in developing the bid price and the Baseline Schedule Submission, inclusive of the individual utility durations sequencing requirements, and any work that has been noted as potentially concurrent utility installations.

C. INITIATION OF UTILITY WORK

The Engineer will issue all initial notice-to-proceed dates to each Utility company based on either the:

1) Contractor’s accepted Baseline Schedule

2) An approved Early Utility Request in the form of an Early Utility sub-net schedule (in accordance with the requirements of this Subsection)

3) An approved Proposal Schedule

C.1 - BASELINE SCHEDULE – UTILITY BASIS

The Contractor shall provide a Baseline Schedule submission in accordance with the requirements of Subsection 8.02 and inclusive of all of the information provided in the PUC Form that has been issued in the Contract documents. This is to include the utility durations, sequencing of work, allowable concurrent work, and all applicable considerations that have been depicted on the PUC Form.

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SUBSECTION 8.14 (Continued)

C.2 – EARLY UTILITY REQUEST – (aka SUBNET SCHEDULE) PRIOR TO THE BASELINE All early utility work is defined as any anticipated/required utility relocations that need to occur prior to the Baseline Schedule acceptance. In all cases of proposed early utility relocation, the Contractor shall present all known information at the pre-construction conference in the form of a ‘sub-net’ schedule showing when each early utility activity needs to be issued a notice-to-proceed.

The Contractor shall provide advance notification of this intent to request early utility work in writing at or prior to the Pre-Construction meeting. Prior to officially requesting approval for early utility work, the Contractor shall also coordinate with MassDOT and all utility companies (private, state or municipal) which may be impacted by the Contract. If this request is acceptable to the Utilities and to MassDOT, the Engineer will issue a notice-to-proceed to the affected Utilities, based on these accepted dates.

C.3 – PROPOSAL SCHEDULE - CHANGES TO THE PUC FORM

If the Contractor intends to submit a schedule (in accordance with MassDOT Standard Specifications, Division I, Subsection 8.02) that contains durations or sequencing that vary from those provided in the Project Utility Coordination (PUC) Form, the Contactor must submit this as an intended change, in the form of a Proposal Schedule and in accordance with MassDOT Standard Specifications, Division I, Subsection 8.02. These proposed changes are subject to the approval of the Engineer and the impacted utilities, in the form of this Proposal Schedule and a proposed revision to the PUC form. The Contractor shall not proceed with any changes of this type without written authorization from the Engineer, that references the approved Proposal Schedule and PUC form changes. The submission of the Baseline Schedule should not include any of these types of proposed utility changes and should not delay the submission of the Baseline Schedule. As a prerequisite to the Proposal Schedule submission, and in advance of the utility notification(s) period, the Contractor shall coordinate the proposed utility changes with the Engineer and the utility companies, to develop a mutually agreed upon schedule, prior to the start of construction.

D. UTILITY DELAYS

The Contractor shall notify the Engineer upon becoming aware that a Utility owner is not advancing the work in accordance with the approved utility schedule. Such notice shall be provided to the Engineer no later than seven (7) calendar days after the occurrence of the event that the Contractor believes to be a utility delay. After such notice, the Engineer and the Contractor shall continue to diligently seek the Utility Owner’s cooperation in performing their scope of Work.

In order to demonstrate that a critical path delay has been caused by a third-party Utility, the Contractor must demonstrate, through the requirements of the monthly Progress Schedule submissions and the supporting contract records associated with Subsection 8.02, 8.10 and 8.14, that the delays were beyond the control of the Contractor.

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SUBSECTION 8.14 (Continued)

All documentation provided in this section is subject to the review and verification of the Engineer and, if required, the Utility Owner. In accordance with MassDOT Specifications, Division I, Subsection 8.10, a Time Extension will be granted for a delay caused by a Utility, only if the actual duration of the utility work is in excess of that shown on the Project Utility Coordination Form, and only if;

1) proper Notification of Delay was provided to MassDOT in accordance with the time requirements that are specified in this Section

2) the utility delay is a critical path impact to the Baseline Schedule (or most recently approved Progress Schedule)

E. LOCATION OF UTILITIES

The locations of existing utilities are shown on the Contract drawings as an approximation only.

The Contractor shall perform a pre-construction utility survey, including any required test pits, to determine the location of all known utilities no later than thirty (30) calendar days before commencing physical site work in the affected area.

F. POST UTILITY SURVEY – NOTIFICATION

Following completion of a utility survey of existing locations, the Contractor will be responsible to notify the Engineer of any known conflicts associated with the actual location of utilities prior to the start of the work. The Engineer and the Contractor will coordinate with any utility whose assets are to be affected by the Work of this Contract. A partial list of utility contact information is provided in the Project Utility Coordination Form.

G. MEETINGS AND COOPERATION WITH UTILITY OWNERS

The Contractor shall notify the Engineer in advance of any meeting they initiate with a Utility Owner’s representative to allow MassDOT to participate in the meeting if needed.

Prior to the Pre-Construction Meeting, the Contractor should meet with all Utility Owners who will be required to perform utility relocations within the first 6 months of the project, to update the affected utilities of the Project Utility Coordination Form and all other applicable Contract requirements that impact the Utilities. The Contractor shall copy the Engineer on any correspondence between the Utility Owner and the Contractor.

H. FORCE ACCOUNT / UTILITY MONITORING REQUIREMENTS

The Engineer will be responsible for recording daily Utility work force reports. The start, suspension, re-start, and completion dates of each of the Utilities, within each phase of the utility relocation work, will be monitored and agreed to by the Engineer and the Contractor as the work progresses.

I. ACCESS AND INSPECTION

The Contractor shall be responsible for allowing Utility owners access to their own utilities to perform the relocations and/or inspections. The Contractor shall schedule their work accordingly so as not to delay or prevent each utility from maintaining their relocation schedule.

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SUBSECTION 8.02 SCHEDULE OF OPERATIONS

Replace this subsection with the following:

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

722.82 Payment Items

722.1 SCHEDULE OF OPERATIONS (TYPE A) - FIXED PRICE $ _________ LUMP SUM

722.2 SCHEDULE OF OPERATIONS (TYPE B) - FIXED PRICE $ _________ LUMP SUM

722.3 SCHEDULE OF OPERATIONS (TYPE C) - FIXED PRICE $ _________ LUMP SUM

SCHEDULE OF OPERATIONS - SCHEDULE TYPE

The applicable schedule type for this project is Type D.

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ITEM 100.025 STRING TRIMMER CREW HOUR

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

Under this Item, the Contractor shall provide a minimum 3-worker crew when grass/weed growth is required trimming under this contract. The crew consists of three (3) workers - two (2) workers with weed wackers and one (1) worker raking and cleaning debris/clippings with a pickup truck with high visibility flashing lights will be required but incidental to the cost of the crew–hour.

Neat trimming will be required around trees, ledges, berm, piers, abutments, headwalls and other structures within the mowing areas. This also will include raking and picking up cuttings when required. Trimming will also be required around delineators, tenth of mile markers, utility poles, sign posts, and under guard rail.

Cut vegetation shall be removed immediately following work activities to avoid obstruction to roadways, streams, and drainage appurtenances.

METHOD OF MEASUREMENT AND BASIS OF PAYMENT

Item 100.025 will be measured for payment by the Hour. Payment will be for the time spent at the job site and travel between job sites only.

Item 100.025 will be paid for at the Contract unit price per Hour, which price shall include a crew (as noted above) consisting of three persons, job truck, hand tools, gas powered string trimmer (weed wacker), rakes, backpack blower and all labor and equipment normally associated with this type of work with no additional compensation.

No separate payment will be made for mobilization, travel time to and from the Contractor’s base of operations, any standby time, and fuel for…