A00801 SPECIAL PROVISIONS~69.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 613202-129788

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DOCUMENT A00801

SPECIAL PROVISIONS

BARNSTABLE

Federal Aid Project No. HIP(BR)-0035(062)X

Bridge Preservation, B-01-012 (4AP) and B-01-014 (4AN), Oak Street over Route 6 (Mid-Cape Highway)

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 shall be performed within, and accessed by, existing State, City or Town roadway layouts. No rights to enter upon, or occupy, private property have been acquired for this project.

All work under this Contract shall be done in conformance with the 2024 Standard Specifications for Highways and Bridges, the Supplemental Specifications contained in this book, the 2017 Construction Standard Details, the Traffic Management Plans and Detail Drawings, MassDOT Work Zone Safety Temporary Traffic Control, the 1990 Standard Drawings for Signs and Supports; the 2015 Overhead Signal Structure and Foundation Standard Drawings, the 2009 Manual on Uniform Traffic Control Devices (MUTCD) with Revisions 1, 2, and 3 and the November 2022 Massachusetts Amendments to the MUTCD; the 1968 Standard Drawings for Traffic Signals and Highway Lighting; The American Standard for Nursery Stock; the Plans and these Special Provisions.

The work under this contract consists of furnishing all necessary labor, materials, and equipment required to perform work as described below:

1. Install Advanced Warning Signs.

2. Selective Clearing and Thinning.

3. Install Temporary Barrier Limited Deflection TL3 for work zone for Stage I.

4. Install Temporary Pavement Markings.

5. Install Temporary Protective Shielding for demolition.

6. Remove and Stockpile Existing End Posts and New England Pink Granite in Stage I.

7. Remove and Dispose granite curb in Stage I.

8. Excavate existing bridge barrier and safety walk.

9. Perform any drainage repairs and upgrades in Stage I.

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SCOPE OF WORK (Continued)

10. Drill and Dowel for new barrier in Stage I.

11. Form and Pour new CP-MTL3 barrier with safety fence in Stage I.

12. Install Highway Guardrail Transition, TL2 Tangent End Treatment, and Trailing

Anchorage per plans in Stage I.

13. Remove Temporary Protective Shielding and install for Stage II.

14. Reset Temporary Barrier to Stage II location.

15. Grind and Install new Temporary Pavement Markings.

16. Remove and Stockpile Existing End Posts and New England Pink Granite in Stage II.

17. Remove and Dispose granite curb in Stage II.

18. Excavate existing bridge barrier and safety walk in Stage II.

19. Perform drainage repairs and upgrades in Stage II.

20. Drill and Dowel for new barrier in Stage II.

21. Form and Pour new CP-MTL3 barrier with Safety Fence in Stage II.

22. Install Highway Guardrail Transition, TL2 Tangent End Treatment, and Trailing

Anchorage per plans in Stage II.

23. Perform Substructure repairs.

24. Apply Elastomeric protective coating.

25. Remove Temporary Barrier.

26. Bridge Pavement Milling of the entire bridge wearing surface of 1½”.

27. Replace milled wearing surface with 1 ½” of Superpave Bridge Surface Course – 9.5

Polymer (SSC-B - 9.5 - P).

28. Install new pavement markings

LOCATION OF WORK

• Bridge B-01-012 (4AP) Oak Street over Route 6 WB in Barnstable

• Bridge B-01-014 (4AN) Oak Street over Route 6 EB in Barnstable

All work will be performed within the existing State, City or Town roadway layouts. No rights to enter on or occupy private property have been acquired for this project.

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SUBSECTION 7.05 INSURANCE REQUIREMENTS

B. Public Liability Insurance

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

Paragraphs 1 and 2 The Massachusetts Department of Transportation and applicable railroads shall be named as additional insureds.

SCHEDULE OF WORK

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

Night Time Work Night restrictions are for Route 6 only. All work locations requiring night hours, as approved by the Engineer, are restricted as follows:

Sunday: 9:00 PM to 5:30 AM Monday Monday: 9:00 PM to 5:30AM Tuesday Tuesday: 9:00 PM to 5:30 AM Wednesday Wednesday: 9:00 PM to 5:30 AM Thursday Thursday: 9:00 PM to 5:30 AM Friday

No work shall be allowed on any roadway between Memorial Day and Labor Day without prior written approval of the Engineer and the Town.

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

The Contractor may schedule night shifts longer than 8-hours with prior approval by the Engineer.

No additional compensation will be made for work scheduled during nighttime or longer work hours.

No entrance or exit ramp shall be closed to traffic except between the hours of 8:00 PM and 5:00 AM the following day or as directed. The Contractor shall be required to schedule the work activities such that not more than one ramp shall be closed during any given work period.

These time periods include the "set-up" and "breakdown" of the traffic pattern employed. No operations, personnel, or equipment will be allowed on the roadways except during working hours.

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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.

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.

mailto:MassDOTSpecifications@dot.state.ma.us

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HOLIDAY WORK RESTRICTIONS (Continued)

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.

EQUIVALENT SINGLE AXLE LOADS (ESALS)

The estimated traffic level to be used for SUPERPAVE HMA mixture designs for this contract, expressed in Equivalent Single Axle Loads (ESALs) for the design travel lane over a 20-year period, is 2.3 Million 18-kip (80-kn) ESALs.

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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.

2026 FIFA WORLD CUP – BOSTON, MASSACHUSETTS

The 2026 FIFA World Cup will be held at Gillette Stadium in Foxborough and related events will be held throughout the region. Matches and Fan Fest activities are scheduled from June 11, 2026 through July 19, 2026. MassDOT will impose work restrictions as necessary to minimize traffic impacts during FIFA events when the Contractor’s operations could impact vehicular traffic, particularly on interstate highways and major arterials throughout the region and local roads near the event site. No additional compensation will be allowed for work restrictions except as determined under Subsection 8.10.

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.

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DISPOSAL OF EXCAVATED MATERIALS AND SITE CLEANING

The Contractor is required to broom clean all work site areas after the removal of excavated debris regardless of preexisting conditions. This includes areas under excavated bridge joints such as pier caps, revetment areas, and bridge shielding areas. Removal of debris, site cleaning, and disposal of debris is incidental to the Contract and no additional payment will be made unless otherwise noted or specified on this Contract.

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.

ENVIRONMENTAL PERMITTING

The proposed work does not occur in jurisdictional wetland resources subject to section 401 or section 404 of the Clean Water Act; therefore, the project does not require a Water Quality Certification from the Massachusetts Department of Environmental Protection or authorization from the US Army Corps of Engineers. The proposed work qualifies for the bridge exemption authorized in the Transportation Bond Bill and is therefore not subject to the Massachusetts Wetlands Protection Act, the Massachusetts Public Waterfront Act (Chapter 91), or the Massachusetts Environmental Policy Act. The Contractor is responsible for identifying and avoiding impacts to adjacent wetland resource areas.

CONTAMINATED SOIL

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

Although soil excavation for this project is expected to be minimal, where excavation work is to be performed, if the soil is deemed to be questionable during the review of the RE/DEE/Project Designee, emergency containment protocols shall take place. Manpower and equipment will be tracked along with any additional site controls needed to keep the workforce and work environment safe. The contractor will be required to safely contain, remove, and dispose of the hazardous materials.

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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 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.

The Engineer has the authority to limit the surface areas of erodible earth material exposed by excavation, borrow and fill or similar operations, and to direct the Contractor to provide immediate, permanent, or temporary control measures to prevent contamination of any adjacent bodies of water or drainage systems by installing compost filter tubes, staked straw bales, sedimentation basins, silt fences or other control devices.

The erosion and sediment control features installed by the Contractor shall be satisfactorily maintained by the Contractor until acceptance of work under this Contract. Failure by the Contractor to control erosion, pollution, and/or siltation shall be cause for the Engineer to employ departmental action and/or outside assistance to provide the necessary corrective measures, the cost of which shall be deducted from the Contractor's monthly progress estimate. Additional sedimentation and erosion control measures shall be kept on site for emergency use. The erosion and sedimentation control installed by the contractor shall be incidental to this contract when required by the engineer.

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.

PROTECTION OF UTILITIES AND PROPERTY

(Supplementing Subsection 7.13)

The bridge plans may indicate the location of existing known utilities in the vicinity of the work.

Bidders are cautioned to verify this information, as its accuracy and completeness are not guaranteed in any manner.

The Contractor’s attention is directed to the necessity of making his own investigation in order to assure that no damage to existing structures, drainage lines, traffic signal conduits, etcetera, will occur.

The Contractor is responsible for the protection of vehicular and pedestrian areas on and under the bridges being worked on. The Contractor at no additional compensation (unless otherwise, noted in this Contract) shall take all necessary precautions to protect vehicles and pedestrians from debris.

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NOTICE TO OWNERS OF UTILITIES

(Supplementing Subsection 7.13)

District 5 Utility/Constructability Engineer Christopher Lockett (508) 884-6633 chris.j.lockett@dot.state.ma.us

The existing bridge plans indicate the location of the existing known utilities in the vicinity of the work. As the accuracy and completeness of the plans are not guaranteed in any manner, it is the Contractor’s responsibility to make their own investigation to assure that no damage to existing structures, drainage lines, traffic signal conduits, etc., will occur.

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.

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

Select District 5 Select the Town of Barnstable, and then locate the utility"

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

NOTIFICATION OF PUBLIC OFFICIALS

Town officials are shown at website https://www.mass.gov/lists/massachusetts-cities-and-towns and select the required City/Town website.

State Police are shown at website http://www.mass.gov by entering “Troop Boundaries” in the search box and selecting the resulting “Massachusetts State Police Troop Boundaries” link. Select the area of jurisdiction to find the local station.

The Contractor shall inform the following officials in each area that he is assigned to work in:

Superintendent, Department of Public Works, or Town Engineer. Superintendent, Water Department, Superintendent, Sewer Departments. Police Department, Fire Department, Electric Company, Railroads."

mailto:chris.j.lockett@dot.state.ma.us https://www.mass.gov/info-details/utility-contacts-by-district-and-municipality https://www.mass.gov/lists/massachusetts-cities-and-towns http://www.mass.gov/

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EVERSOURCE EMERGENCY TELEPHONE NUMBERS

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

NATIONAL GRID EMERGENCY TELEPHONE NUMBERS

GAS:

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

PREPARATION OF CONCRETE SURFACES:

All concrete surfaces to be patched shall be roughened, cleaned of all laitance, dirt, grease, oil, other contaminants, and all standing water. All reinforcing steel encountered in the excavation shall be thoroughly cleaned by abrasive blasting and coated with a zinc-rich primer conforming to MassDOT Standard Specification M7.04.11 before being covered with new concrete.

In bonding new concrete to already set concrete, the surface of the concrete shall be thoroughly cleaned, roughened, and ponded with clean water to achieve Saturated Surface Dry (SSD) condition then it shall then be blown off with oil free compressed air.

BIDDERS LIST

Pursuant to the provisions of 49 CFR Part 26.11 all official bidders will be required to report the names, addresses and telephone numbers of all firms that submitted bids or quotes in connection with this project. Failure to comply with a written request for this information within 15 business days may result in a recommendation to the Prequalification Committee that prequalification status be suspended until the information is received.

The Department will survey all firms that have submitted bids or quotes during the previous year prior to setting the annual goal and shall request that each firm report its age and gross receipts for the year.

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BUILD AMERICA BUY AMERICA PREFERENCE

On Federally-aid projects the Buy America (23.CFR § 635.410) and Build America, Buy America Act. requires the following,

(1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States. Foreign steel and iron can be used if the cost of the materials does not exceed 0.1% of the total Contract cost or $2,500, whichever is greater.

The action of applying a coating to a covered material (i.e., steel and iron) is deemed a manufacturing process subject to Buy America. Coating includes epoxy coating, galvanizing, painting and any other coating that protects or enhances the value of a material subject to requirements of Build America, Buy America. Steel used for temporary support of excavation, including H piles, soldier piles, and sheeting when the steel is required to be left in place is subject to requirements of Build America, Buy America. Temporary steel, shall remain in place when it falls within the influence zone of the soil supporting any structure or railroad tracks.

(2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States and

(3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

“Construction materials” includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials;

aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of:

• non-ferrous metals,

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables),

• glass (including optic glass),

• lumber; or

• drywall.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

All articles, materials, and supplies should be classified as an iron or steel product, a manufactured product, or another product as specified by law or in 2 CFR part 184 (such other products specified by law or in 2 CFR part 184 include “excluded materials” and “construction materials”); an article, material, or supply must not be considered to fall into multiple categories.

NOTE: The requirements for manufactured products indicated in paragraph (2) above are not in effect for this contract.

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NORTHERN LONG-EARED BAT AND TRICOLORED BAT PROTECTION

The U.S. Fish and Wildlife Service (USFWS) has listed the northern long-eared bat (Myotis septentrionalis; NLEB) and tricolored bat (Perimyotis subflavus; TCB) as federally endangered or proposed endangered, respectfully, under the Endangered Species Act (ESA). USFWS has developed this guidance to address ESA compliance and promote conservation of NLEB and TCB.

This project has been consulted with the USFWS through the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA) Programmatic Biological Opinion for Transportation Projects in the Range of the Indiana Bat and Northern Long-Eared Bat revised February 5, 2018 and amended March 31, 2023.

On behalf of FHWA, the lead federal agency for Section 7 consultation, MassDOT submitted a FHWA, FRA, FTA Programmatic Consultation for Transportation Projects affecting NLEB or Indiana Bat to the USFWS through the Information for Planning and Consultation (IPaC) webpage.

Therefore, the project has completed Section 7 consultation through the ESA.

In advance of the uplisting of the TCB to endangered under 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 Unit Supervisor (David Paulson, david.j.paulson@dot.state.ma.us, 857-262-3378) for questions about project limits, restrictions, or conservation measures.

General AMM

• 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 and TCB 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.

Lighting AMMs

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

November 30.

• When installing new or replacing existing permanent lights, use downward-facing, full cut-off lens lights (with same intensity or less for replacement lighting); or for those transportation agencies using the BUG system developed by the Illuminating Engineering Society, be as close to 0 for all three ratings with a priority of "uplight" of 0 and "backlight" as low as practicable.

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 (Continued)

Tree Removal 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 female northern long-eared bats and their young during the maternity roosting season, no tree cutting shall be conducted from March 15 to November 30. 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.

• The Contractor shall ensure all personnel working in on the project site are aware of all environmental commitments related to NLEB and/or TCB, including the TOY restriction. If this restriction needs to be waived at any location(s) the Resident Engineer shall send a locus map of the proposed work to MassDOT Highway Division’s Environmental Services Section for review and a determination if the restriction can be waived.

Bridge AMM

• On 10/30/2024, the Wildlife and Endangered Species Unit conducted a northern long-eared bat bridge/structure bat assessment, in accordance with the USFWS guidelines. The assessment did not find presence of, or evidence of use by bats, and as stated within the guidelines, the assessment is valid for two years. If bridge work is not complete before 10/30/2026, assessment of the bridge for the presence of, or evidence of use by, bats shall be completed by the MassDOT Wildlife Unit prior to continuing bridge work. The Contractor shall notify the MassDOT Wildlife Unit no later than fourteen (14) days prior to 10/30/2026 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 after the MassDOT Wildlife Unit has completed coordination with the US Fish and Wildlife Service to determine the appropriate follow up or mitigation actions.

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TRAFFIC ACCOMMODATION

(Supplementing Subsection 7.17)

Traffic control devices shall comply with the relevant provisions of Subsection 850, the applicable sections of the 2009 Manual on Uniform Traffic Control Devices (MUTCD) with Revisions 1, 2, and 3, and the November 2022 Massachusetts Amendments to the MUTCD; the Manual for Assessing Safety Hardware, and the following:

The order of precedence for the document that governs the positioning, sizing, color(s), shape, design, and operation of temporary traffic control devices shall be as set forth below:

1. Details for a specific location that have been designed by the Contractor and approved by the Engineer.

2. Details included in this contract.

3. MassDOT’s Work Zone Safety Temporary Traffic Control (Document A00815 on this

Contract), Typical Details and Massachusetts Guidelines for MassDOT, Municipalities, Utilities, and Contractors.

4. MassDOT’s Standard Details and Drawings for the Development of Temporary Traffic Traffic Control Plans (https://www.mass.gov/files/documents/2017/10/24/tcp.pdf).

5. 2022 Massachusetts Amendments to the MUTCD (https://www.mass.gov/doc/massachusetts-amendments-to-the-mutcd-2022/download)"

6. 2009 Manual on Uniform Traffic Control Devices (MUTCD) with Revisions 1, 2, and 3 (https://mutcd.fhwa.dot.gov/).

During construction, the Contractor shall contact the Engineer for the most recent copy of the Work Zone Safety Temporary Traffic Control, Typical Details and Massachusetts Guidelines for MassDOT, Municipalities, Utilities, and Contractors.

Truck Mounted Attenuators (TMAs), when shown in any details, are mandatory. Truck Mounted Attenuators shall shadow Temporary Traffic Control service vehicles during setup and breakdown of all temporary traffic control setups on roadways with speeds greater than 45 mph.

Traffic police, when required, shall be located at a sufficient distance in advance of the work area, so that they can warn oncoming motorists of the work.

MassDOT reserves the right to provide certified Roadway Flaggers, who are MassDOT employees, at the discretion of the Engineer. The Contractor shall not be charged nor compensated for the use of MassDOT employee flaggers.

https://www.mass.gov/files/documents/2017/10/24/tcp.pdf https://www.mass.gov/doc/massachusetts-amendments-to-the-mutcd-2022/download https://mutcd.fhwa.dot.gov/

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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.

SUBSECTION 8.02 SCHEDULE OF OPERATIONS

Replace this subsection with the following:

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

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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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SECTION 722

CONSTRUCTION SCHEDULING

DESCRIPTION

722.20 General

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

This section establishes the requirement for scheduling submissions. There are four schedule types identified as types A, B, C and D.

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

Type A –

• Schedule Planning Session

• Baseline CPM Schedule

• Monthly Update CPM Schedule

• Short-term Construction Schedule

• Contract Schedule Update Meeting

• Cost-loaded & Resource Loaded CPM

• Resources Graphic Reporting

• Cash Flow Projections from the CPM

• Cash Flow Charts

• Monthly Projected Spending Report (PSR)

• Contractor-furnished CPM software and computer

Type B –

• Schedule Planning Session

• Baseline CPM Schedule

• Monthly Update CPM Schedule

• Short-term Construction Schedule

• Contract Schedule Update Meeting

• Cost-loaded & Resource Loaded CPM

• Monthly Projected Spending Report (PSR)

• Contractor-furnished CPM software and computer

Type C –

• Schedule Planning Session

• Baseline CPM Schedule

• Monthly Update CPM Schedule

• Short-term Construction Schedule

• Contract Schedule Update Meeting

• Monthly Projected Spending Report (PSR)

• Contractor-furnished CPM software and computer https://www.mass.gov/info-details/massdot-highway-contractors-schedule-toolkit

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SECTION 722 (Continued)

Type D -

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

• Short-term Construction Schedule

• Monthly Projected Spending Report (PSR)

EQUIPMENT, PERSONNEL

722.40 General

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

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

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

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

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

SCHEDULING METHODS

722.60 General

A. Schedule Planning Session

The Contractor shall conduct a schedule planning session prior to submission of the Baseline Schedule. This session will be attended by the Department and its consultants. During this session, the Contractor shall present its planned approach to the project including, but not limited to:

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

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

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

4. all early work related to third party utilities;

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

6. estimated durations of major work activities;

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

Critical Path;

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

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

This will be an interactive session and the Contractor shall answer all questions that the Department and its consultants may have. The Contractor shall provide a written summary of the information presented and discussed during the session to the Engineer. The Contractor’s Baseline Schedule and accompanying Schedule Narrative shall incorporate the information discussed at this Schedule Planning Session.

B. Schedule Reviews by the Department

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

2. Contract Progress Schedule / Monthly Update Reviews / Recovery Schedules The Engineer will respond to each submittal within twenty-one (21) Calendar Days. Rejected schedules shall be resubmitted by the Contractor within five (5) Calendar Days after receipt of the Engineer’s comments.

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

722.61 Schedule Content and Preparation Requirements

All schedules shall be prepared and submitted in accordance with the instructions contained in the Construction Schedule Toolkit located on the MassDOT-Highway Division website at:

and the following:

A. LOGIC

The schedules shall divide the Work into activities with appropriate logic ties to show:

1. conformance with the requirements of this Section and Division I, Subsection 8.02

- Schedule of Operations

2. the Contractor's overall approach to the planning, scheduling, and execution of the Work

3. conformance with any additional sequences of Work required by the Contract Documents, including, but not limited to, Subsection 8.03 - Prosecution of Work and Subsection 8.06 – Limitations of Operations.

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B. ACTIVITIES

The schedule shall clearly define the progression of the Work from the Notice to Proceed

(NTP) to Contractor Field Completion (CFC) by using separate activities, or including attributes within appropriate activities, to address each of the following:

1. Notice to…