A00825-607420.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 607420-136650

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DOCUMENT A00825

MWRA 8 (m) PERMIT

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MASSACHUSETTS WATER RESOURCES AUTHORITY

PERMIT

22-Apr-26

Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116

This Permit is subject to the 8(m) Permit Terms and Conditions, and the 8(m) Permit Special Terms and Conditions, if any, attached hereto and made a part hereof. Permittee agrees that it shall be bound by, and shall comply with, said Terms and Conditions.

The land is described as follows:

MWRA Section 677 and Section 634 (Boden Lane, Natick) Bridge over train tracks as depicted within "Natick Boden Lane Over the MBTA Railroad" 8m Permit Test Pit Locations - Plan View dated 3/23/26.

You may use the land for the purpose of:

Performing (4) tests pits to determine the exact location of MWRA infrastructure through the project site. Installation of vibration monitoring components and retaining wall on easterly side of project to accomadate utility pole relocation and maintain pedestrian safety at the site.

Permittee shall utilize hand-digging or vacuum excavation within 2 ft. of MWRA infrastructure.

8m Permit # 26-04-2514M

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Approved as to Form: Approved

Massachusetts Water Resources Authority Massachusetts Water Resources Authority

Law Division Deputy Chief OO, PP&P

This Permit is subject to the 8(m) Permit Terms and Conditions, and the 8(m) Permit

Special Terms and Conditions, if any, attached hereto and made a part hereof. Permittee agrees that it shall be bound by, and shall comply with, said Terms and Conditions.

Permittee: ____________________________ / _Michael O'Dowd, MassDOT Director

Signature Print Name

This Permit shall have no effect until such time as the Authority issues the fully executed original of this Permit.

Massachusetts Water Resources Authority

2 Griffin Way

Chelsea, MA 02150

Attn: Wastewater Operations - Permitting Department

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8(m) PERMIT TERMS AND CONDITIONS

1. Permittee shall be responsible to stay apprised of and comply with all applicable federal, state and local laws, rules, and orders including, but not limited to, guidelines and requirements for construction sites, and all supplements, amendments and/or changes thereto and notices thereof.

Prior to commencing work pursuant to this Permit, Permittee shall have obtained all other required permits, written approval(s) and necessary authorizations to perform the work. Failure to comply with the terms stated herein shall render this Permit null and void by the Authority, and Permittee shall bear all responsibility, liability, damages and costs arising from the Permittee’s noncompliance.

2. Permittee’s use of the permitted land shall at no time interfere with the Authority’s activities or operations on the permitted land. The Authority has the right to review and approve all of the

Permittee’s work including such plans and specifications, as the Authority deems necessary. Any proposed future work beyond the scope of this Permit shall have the prior written approval of the

Authority.

3. To the fullest extent permitted by law, the Permittee shall indemnify, defend with counsel acceptable to the Authority, keep and save harmless the Authority and its board members, officers, representatives, contractors, agents, employees, successors, and assigns, in both their individual and official capacities, against all suits, claims, liabilities, damages, losses (including but not limited to loss of use resulting therefrom) and expenses, including but not limited to attorney's fees, caused by, arising out of or resulting from any work or activity under this Permit and/or act, omission, breach or default of the Permittee or of any contractor, subcontractor of vendor of the

Permittee or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

4. The granting of this Permit shall in no way interfere with the rights of the Authority to exercise its existing rights in or over the permitted land. Permittee acknowledges that the Authority, within its sole discretion, may enter upon the permitted land at any time in order to carry out inspections, maintenance, repairs, replacements, or other activities.

5. The Authority may revoke this Permit at any time. The sale or disposition of the permitted land by its owner will cause this Permit to terminate without further notice. Permittee shall give the Authority at least 72 hours notice before commencing the operations as pursuant herein. This Permit shall not be assigned or transferred.

6. No blasting, drilling or other activity that could in any way affect the integrity or operability of the

Authority’s property or use of the permitted land shall be permitted without express prior written approval of the Authority.

7. The Permittee shall remove, at its own expense, within six months of the date of written notice from the Authority, any or all conduits and appurtenances installed by the Permittee under this

Permit if, in the Authority’s sole discretion, such removal is necessary for the operation, maintenance or replacement of the Authority’s infrastructure.

8. To the fullest extent permitted by law, and in consideration of the issuance of this Permit, Permittee hereby releases the Authority and its board members, officers, representatives, contractors, agents, employees, successors, and assigns, in both their individual and official capacities, from all suits, claims, liabilities, damages, losses (including but not limited to loss of use resulting therefrom) and expenses, including but not limited to attorney's fees, caused by, arising out of or resulting from any work or activity under this Permit and/or act, omission, breach or default of the Permittee or of any

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CONDITIONS (Cont’d)

July 2022 contractor, subcontractor of vendor of the Permittee or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. This release includes, but is not limited to, all suits, claims, liabilities, damages (including, but not limited to, direct, indirect, and consequential damages, economic loss, and loss of profits) and losses which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, together with all attorneys’ fees, costs and expenses.

9. The Permittee shall conduct design, construction, and excavation in accordance with all federal, state and local safety regulations, including but not limited to, federal OSHA regulations (29 CFR 1926) and Massachusetts Department of Public Safety regulations (520 CMR 14.00). During construction, Permittee shall take appropriate sheeting and shoring measures to protect the integrity of the

Authority’s water and/or sewer mains. Permittee shall submit design plans stamped by a professional engineer licensed in Massachusetts to the Authority for approval prior to the start of construction.

10. The Permittee shall adjust any or all Authority frames and covers to grade within the limits of work in accordance with the plans referenced in this Permit. The Authority will provide the

Permittee with new replacement Authority frames and covers that have been deemed unusable by the

Authority.

11. If the Permittee is proposing to take borings and/or place test pits within the permitted land, the

Permittee shall mark the proposed boring and test pit locations on the ground using paint and/or stakes and submit engineering documents to the Authority showing the proposed boring and test pit locations. Authority staff will review all boring and test pit locations at the site. Upon written clearance of the proposed boring and test pit locations by Authority staff and subject to Permittee providing the Authority with seventy-two (72) hours prior notice, Permittee may commence work at the site.

The Permittee shall be responsible for the locations of proposed borings and test pits regardless of any act or omission of the Authority. The Permittee shall be responsible for repairing and/or replacing, at the Authority’s election, the Authority’s property or infrastructure, which is damaged as a result of the Permittee’s, its contractors, agents, representatives, employees, and/or invitees activities pursuant to this Permit. The Permittee’s obligations under this paragraph shall include payment to the Authority for all costs to repair all such damage caused to the Authority’s property.

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