HARVARD-LITTLETON-ACTON-CONCORD-611952-134796-CDSP.pdf

CJD

COMMONWEALTH OF MASSACHUSETTS

CONTRACT DOCUMENTS

AND SPECIAL PROVISIONS

PROPOSAL NO. 611952-134796

P.V. = $1,610,000.00

PLANS YES

FOR

Federal Aid Project No. HSI-003S(985)X Guide and Traffic Sign Replacement on a Section of Route 2 in the Towns of

HARVARD-LITTLETON-ACTON-CONCORD

In accordance with the STANDARD SPECIFICATIONS for HIGHWAYS and BRIDGES dated 2026

This Proposal to be opened and read: TUESDAY, JULY 21, 2026 at 2:00 P.M.

THIS PAGE IS INTENTIONALLY LEFT BLANK

Massachusetts Department Of Transportation Highway Division Proposal No. 611952-134796

00010 - 1

DOCUMENT 00010

TABLE OF CONTENTS

DOCUMENT 00010

TABLE OF CONTENTS ........................................................................................................... 00010-1 through 2

DOCUMENT 00104

NOTICE TO CONTRACTORS ................................................................................................ 00104- 1 through 4

DOCUMENT 00210

REQUIREMENTS OF MASSACHUSETTS GENERAL

LAWS CHAPTER 30 SECTION 39R; CHAPTER 30, SECTION 39O ................................... 00210-1 through 4

DOCUMENT 00331

LOCUS MAP ............................................................................................................................. 00331-1 through 2

DOCUMENT 00439

CONTRACTOR PROJECT EVALUATION FORM ................................................................ 00439-1 through 2

DOCUMENT 00440

SUBCONTRACTOR PROJECT EVALUATION FORM ........................................................ 00440-1 through 2

DOCUMENT 00710

GENERAL CONTRACT PROVISIONS................................................................................... 00710-1 through 2

DOCUMENT 00715

SUPPLEMENTAL SPECIFICATIONS .................................................................................... 00715-1 through 4

DOCUMENT 00760

REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID

CONSTRUCTION CONTRACTS ........................................................................................... 00760-1 through 14

DOCUMENT 00811

MONTHLY PRICE ADJUSTMENT FOR HOT MIX ASPHALT

(HMA) MIXTURES ................................................................................................................... 00811-1 through 2

DOCUMENT 00812

MONTHLY PRICE ADJUSTMENT FOR DIESEL FUEL AND GASOLINE ........................ 00812-1 through 2

DOCUMENT 00813

PRICE ADJUSTMENT FOR STRUCTURAL STEEL

AND REINFORCING STEEL .................................................................................................. 00813-1 through 4

DOCUMENT 00814

PRICE ADJUSTMENT FOR PORTLAND CEMENT CONCRETE MIXES .......................... 00814-1 through 2

DOCUMENT 00820

THE COMMONWEALTH OF MASSACHUSETTS

SUPPLEMENTAL EQUAL EMPLOYMENT OPPORTUNITY,

NON-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM ............................... 00820-1 through 6

DOCUMENT 00821

ELECTRONIC REPORTING REQUIREMENTS

CIVIL RIGHTS PROGRAM AND CERTIFIED PAYROLL ................................................... 00821-1 through 2

DOCUMENT 00859

CONTRACTOR/SUBCONTRACTOR CERTIFICATION FORM .......................................... 00859-1 through 2

DOCUMENT 00860

COMMONWEALTH OF MASSACHUSETTS PUBLIC EMPLOYMENT LAWS ................ 00860-1 through 2

00010 - 2

TABLE OF CONTENTS (Continued)

DOCUMENT 00861

STATE PREVAILING WAGE RATES ................................................................................ 00861-1 through 128

DOCUMENT 00870

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS .............................................................. 00870-1 through 8

DOCUMENT 00880

MINIMUM WAGES FOR FEDERAL AND FEDERALLY

ASSISTED CONTRACTS ....................................................................................................... 00880-1 through 14

DOCUMENT A00801

SPECIAL PROVISIONS ...................................................................................................... A00801-1 through 70

DOCUMENT A00804

DIVISION OF FISHERIES & WILDLIFE

MASSACHUSETTS ENDANGERED SPECIES ACT .......................................................... A00801-1 through 4

DOCUMENT A00820

REQUEST FOR RELEASE OF MASSDOT AUTOCAD FILES FORM .............................. A00820-1 through 2

DOCUMENT A00875

POLICY DIRECTIVE P-22-001 AND POLICY DIRECTIVE P-22-002 .............................. A00875-1 through 8

DOCUMENT B00420

PROPOSAL............................................................................................................................ B00420-1 through 12

*** END OF DOCUMENT ***

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DOCUMENT 00104

NOTICE TO CONTRACTORS

Electronic proposals for the following project will be received through the internet using www.bidx.com until the date and time stated below and will be posted on www.bidx.com forthwith after the bid submission deadline. No paper copies of bids will be accepted. All Bidders must have a valid vendor code issued by MassDOT in order to bid on projects. Bidders need to apply for a Digital ID at least 14 days prior to a scheduled bid opening date with www.bidx.com.

TUESDAY, JULY 21, 2026 at 2:00 P.M. **

Federal Aid Project No. HSI-003S(985)X

Guide and Traffic Sign Replacement on a Section of Route 2 **Date Subject to Change

PROJECT VALUE = $1,610,000.00

Bidders must be pre-qualified by the Department in the SIGNING - STRUCTURAL category to bid on the above project. An award will not be made to a Contractor who is not pre-qualified by the Department prior to the opening of Proposals.

All prospective Bidders who intend to bid on this project must obtain “Request Proposal Form (R109)”. The blank “Request Proposal Form (R109)” can be obtained at:

https://www.mass.gov/prequalification-of-horizontal-construction-firms.

All prospective Bidders must complete and e-mail an electronic copy of “Request Proposal Form (R109)” to the MassDOT Director of Prequalification for approval:

prequal.r109@dot.state.ma.us.

Proposal documents for official bidders are posted on www.bidx.com. Other interested parties may receive informational Contract Documents containing the Plans and Special Provisions, free of charge.

Bids will be considered, and the contract awarded in accordance with statutes governing such contracts in accordance with Massachusetts General Laws Chapter 30 § 39M.

The Project Bids File Attachments folder for proposals at www.bidx.com shall be used for submitting at the time of bid required information such as the Bid Bond required document, and other documents that may be requested in the proposal.

http://www.bidx.com/ http://www.bidx.com/ http://www.bidx.com/ https://www.mass.gov/prequalification-of-horizontal-construction-firms mailto:prequal.r109@dot.state.ma.us http://www.bidx.com/ http://www.bidx.com/

00104 - 2

NOTICE TO CONTRACTORS (Continued)

All parties who wish to have access to information plans and specification must send a “Request for Informational Documents” to MassDOTBidDocuments@dot.state.ma.us.

A Proposal Guaranty in the amount of 5% of the value of the bid is required.

This project is subject to the schedule of prevailing wage rates as determined by the Commissioner of the Massachusetts Department of Labor and Workforce Development, and the Division of Occupational Safety. and the United States Department of Labor.

The Massachusetts Department of Transportation, in accordance with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby affirmatively ensures that for any contract entered into pursuant to this advertisement, all bidders, including disadvantaged business enterprises, will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an Award.

This Proposal contains the "STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)". The goals and timetables applicable to this proposal for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all work, are contained in Appendices A and B-80 of the above specifications.

The Contractor (hereinafter includes consultants) will comply with the Acts and Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract as contained in Appendices C and D of the above specifications.

mailto:MassDOTBidDocuments@dot.state.ma.us

00104 - 3

NOTICE TO CONTRACTORS (Continued)

PRICE ADJUSTMENTS

This Contract contains price adjustments for hot mix asphalt and Portland cement mixtures, diesel fuel, and gasoline. For reference the base prices are as follows: liquid asphalt $712.50 per ton, Portland cement $452.13 per ton, diesel fuel $4.497 per gallon, and gasoline $3.752 per gallon, and Steel Base Price Index 362.0. MassDOT posts the Price Adjustments on their Highway Division’s website at:

https://www.mass.gov/massdot-contract-price-adjustments

This Contract contains Price Adjustments for steel. See Document 00813 - PRICE ADJUSTMENT FOR STRUCTURAL STEEL AND REINFORCING STEEL for their application and base prices.

MassDOT projects are subject to the rules and regulations of the Architectural Access Board (521 CMR 1.00 et seq.)

Prospective bidders and interested parties can access this information and more via the internet at:

WWW.COMMBUYS.COM.

BY: Phillip Eng, Interim MassDOT Secretary Jonathan L. Gulliver, Undersecretary and Highway Administrator

SATURDAY, JUNE 13, 2026

https://www.mass.gov/massdot-contract-price-adjustments http://www.commbuys.com/

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DOCUMENT 00210

REQUIREMENTS OF MASSACHUSETTS GENERAL LAWS

CHAPTER 30, SECTION 39R;

CHAPTER 30, SECTION 39O

July 1, 1981, updated October 2016

M.G.L. c. 30, § 39R. Award of Contracts; Accounting Statements; Annual Financial Statements; Definitions.

(a) The words defined herein shall have the meaning stated below whenever they appear in this section:

(1) “Contractor" means any person, corporation, partnership, joint venture, sole proprietorship, or other entity awarded a contract pursuant to sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven and any contract awarded or executed pursuant to section eleven C of chapter twenty-five A, section thirty-nine M of chapter thirty, or sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine, which is for an amount or estimated amount greater than one hundred thousand dollars.

(2) "Contract" means any contract awarded or executed pursuant to sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven and any contract awarded or executed pursuant to section eleven C of chapter twenty-five A, section thirty-nine M of chapter thirty, or sections forty-four A through forty-four H, inclusive, of chapter one hundred and forty-nine, which is for amount or estimated amount greater than one hundred thousand dollars.

(3) “Records" means books of original entry, accounts, checks, bank statements and all other banking documents, correspondence, memoranda, invoices, computer printouts, tapes, discs, papers and other documents or transcribed information of any type, whether expressed in ordinary or machine language.

(4) “Independent Certified Public Accountant" means a person duly registered in good standing and entitled to practice as a certified public accountant under the laws of the place of his residence or principal office and who is in fact independent. In determining whether an accountant is independent with respect to a particular person, appropriate consideration should be given to all relationships between the accountant and that person or any affiliate thereof. Determination of an accountant's independence shall not be confined to the relationships existing in connection with the filing of reports with the awarding authority.

(5) “Audit", when used in regard to financial statements, means an examination of records by an independent certified public accountant in accordance with generally accepted accounting principles and auditing standards for the purpose of expressing a certified opinion thereon, or, in the alternative, a qualified opinion or a declination to express an opinion for stated reasons.

(6) "Accountant's Report", when used in regard to financial statements, means a document in which an independent certified public accountant indicates the scope of the audit which he has made and sets forth his opinion regarding the financial statements taken as a whole with a listing of noted exceptions and qualifications, or an assertion to the effect that an overall opinion cannot be expressed. When an overall opinion cannot be expressed the reason therefor shall be stated. An accountant's report shall include as a part thereof a signed statement by the responsible corporate officer attesting that management has fully disclosed all material facts to the independent certified public accountant, and that the audited financial statement is a true and complete statement of the financial condition of the contractor.

(7) “Management", when used herein, means the chief executive officers, partners, principals or other person or persons primarily responsible for the financial and operational policies and practices of the contractor.

(8) Accounting terms, unless otherwise defined herein, shall have a meaning in accordance with generally accepted accounting principles and auditing standards.

00210 - 2

(b) Subsection (a)(2) hereof notwithstanding, every agreement or contract awarded or executed pursuant to sections thirty-eight A 1/2 to thirty-eight O, inclusive, of chapter seven, or eleven C of chapter twenty-five A, and pursuant to section thirty-nine M of chapter thirty or to section forty-four A through H, inclusive, of chapter one hundred and forty-nine, shall provide that:

(1) The contractor shall make, and keep for at least six years after final payment, books, records, and accounts which in reasonable detail accurately and fairly reflect the transactions and dispositions of the contractor, and

(2) Until the expiration of six years after final payment, the office of inspector general, and the commissioner of capital asset management and maintenance shall have the right to examine any books, documents, papers or records of the contractor or of his subcontractors that directly pertain to, and involve transactions relating to, the contractor or his subcontractors, and

(3) If the agreement is a contract as defined herein, the contractor shall describe any change in the method of maintaining records or recording transactions which materially affect any statements filed with the awarding authority, including in his description the date of the change and reasons therefor, and shall accompany said description with a letter from the contractor's independent certified public accountant approving or otherwise commenting on the changes, and

(4) If the agreement is a contract as defined herein, the contractor has filed a statement of management on internal accounting controls as set forth in paragraph (c) below prior to the execution of the contract, and

(5) If the agreement is a contract as defined herein, the contractor has filed prior to the execution of the contracts and will continue to file annually, an audited financial statement for the most recent completed fiscal year as set forth in paragraph (d) below.

(c) Every contractor awarded a contract shall file with the awarding authority a statement of management as to whether the system of internal accounting controls of the contractor and its subsidiaries reasonably assures that:

(1) transactions are executed in accordance with management's general and specific authorization;

(2) transactions are recorded as necessary

i. to permit preparation of financial statements in conformity with generally accepted accounting principles, and

ii. to maintain accountability for assets;

(3) access to assets is permitted only in accordance with management's general or specific authorization; and

(4) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action was taken with respect to any difference.

Every contractor awarded a contract shall also file with the awarding authority a statement prepared and signed by an independent certified public accountant, stating that he has examined the statement of management on internal accounting controls, and expressing an opinion as to:

(1) whether the representations of management in response to this paragraph and paragraph (b) above are consistent with the result of management's evaluation of the system of internal accounting controls; and

(2) whether such representations of management are, in addition, reasonable with respect to transactions and assets in amounts which would be material when measured in relation to the applicant's financial statements.

00210 - 3

(d) Every contractor awarded a contract by the commonwealth or by any political subdivision thereof shall annually file with the commissioner of capital asset management and maintenance during the term of the contract a financial statement prepared by an independent certified public accountant on the basis of an audit by such accountant. The final statement filed shall include the date of final payment. All statements shall be accompanied by an accountant's report. Such statements shall be made available to the awarding authority upon request.

(e) The office of inspector general, the commissioner of capital asset management and maintenance and any other awarding authority shall enforce the provisions of this section. The commissioner of capital asset management and maintenance may after providing an opportunity for the inspector general and other interested parties to comment, promulgate pursuant to the provisions of chapter thirty A such rules, regulations and guidelines as are necessary to effectuate the purposes of this section. Such rules, regulations and guidelines may be applicable to all awarding authorities. A contractor's failure to satisfy any of the requirements of this section may be grounds for debarment pursuant to section forty-four C of chapter one hundred and forty-nine.

(f) Records and statements required to be made, kept or filed under the provisions of this section shall not be public records as defined in section seven of chapter four and shall not be open to public inspection; provided, however, that such records and statements shall be made available pursuant to the provisions of clause (2) of paragraph (b).

M.G.L. c. 30, § 39O: Suspension, Delay, or Interruption or Failure to Act by Awarding Authority;

Adjustment in Contract Price; Submission of Claims.

Section 39O. Every contract subject to the provisions of section thirty-nine M of this chapter or subject to section forty-four A of chapter one hundred forty-nine shall contain the following provisions (a) and (b) in their entirety and, in the event a suspension, delay, interruption or failure to act of the awarding authority increases the cost of performance to any subcontractor, that subcontractor shall have the same rights against the general contractor for payment for an increase in the cost of his performance as provisions (a) and (b) give the general contractor against the awarding authority, but nothing in provisions (a) and (b) shall in any way change, modify or alter any other rights which the general contractor or the subcontractor may have against each other.

(a) The awarding authority may order the general contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as it may determine to be appropriate for the convenience of the awarding authority; provided however, that if there is a suspension, delay or interruption for fifteen days or more or due to a failure of the awarding authority to act within the time specified in this contract, the awarding authority shall make an adjustment in the contract price for any increase in the cost of performance of this contract but shall not include any profit to the general contractor on such increase; and provided further, that the awarding authority shall not make any adjustment in the contract price under this provision for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the contract price under any other contract provisions.

(b) The general contractor must submit the amount of a claim under provision (a) to the awarding authority in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this contract and, except for costs due to a suspension order, the awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notified the awarding authority in writing of the act or failure to act involved in the claim.

END OF DOCUMENT

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00331 – 1

DOCUMENT 00331

LOCUS MAP

Federal Aid Project No. HSI-003S(985)X

Guide and Traffic Sign Replacement on a Section of Route 2

NOT TO SCALE

00331 – 2

00439 - 1

DOCUMENT 00439

CONTRACTOR PROJECT EVALUATION FORM

For instructions on using this form, see Engineering Directive E-10-002, Dated 4/20/2010

Date: __________________________________

City/Town: ________________________________________ Contractor: ______________________________

Project: ___________________________________________ Address: ________________________________

F.A. No. __________________________________________ Contract Number: ________________________

Bid Price: _________________________________________ Notice to Proceed: ________________________

Funds: State: ______________ Fed Aid: ______________ Current Contract Completion Date: ___________

Date Work Started: __________________________________ Date Work Completed*: ___________________

Contractor’s Superintendent: _____________________________________________________________________

Division: (indicates class of work) Highway: Bridge: _________ Maintenance: ____________

*If work was NOT completed within specified time (including extensions) give reasons on following page.

Excellent

Very Good

Average

Fair

Poor 4 % Rating

1. Workmanship x 2=

2. Safety x 2=

3. Schedule x 1.5=

4. Home Office Support x 1=

5. Subcontractors

Performance x 1=

6. Field Supervision/ Superintendent x 1=

7. Contract Compliance x 0.5=

8. Equipment x 0.5=

9. Payment of Accounts x 0.5= (use back for additional comments) Overall Rating:

(Give explanation of items 1 through 9 on the following page in numerical order if overall rating is below 80%. Use additional sheets if necessary.)

District Construction Engineer’s Signature/Date Resident Engineer’s Signature/Date

Contractor’s Signature Acknowledging Report/Date

Contractor Requests Meeting with the District: No □ Yes □ Date Meeting Held:

Contractor’s Comments/Meeting Notes (extra sheets may be added to this form and noted here if needed): ________

Final Report □

Interim Report □

00439 - 2

CONTRACTOR PROJECT EVALUATION FORM (Continued)

Date: __________________________________ Contract Number:

INFORMATION FOR DISTRICT HIGHWAY DIRECTORS RELATING TO PREQUALIFICATION

A deduction shall be recommended for unsatisfactory performance if computed overall rating is under 80%.

A deduction may be recommended for this project being completed late due to the Contractor’s fault.

RECOMMENDATIONS FOR DEDUCTIONS FROM CONTRACTORS’ ASSIGNED FACTOR

(Write Yes or No in space provided)

I recommend a deduction for Contractor’s unsatisfactory performance: ____________________________________

I recommend a deduction for project completed late:___________________________________________________

Signed: _____________________________ District Highway Director

EXPLANATION OF RATINGS 1 – 9: _____________________________________________________________

WORK NOT COMPLETED WITHIN SPECIFIED TIME: _____________________________________________

Revised: 04/28/17

00440 - 1

DOCUMENT 00440

SUBCONTRACTOR PROJECT EVALUATION FORM

For instructions on using this form, see Engineering Directive E-10-002, Dated 4/20/2010

Date: __________________________________

City/Town: ________________________________________ Subcontractor: ___________________________

Project: ___________________________________________ Address: ________________________________

F.A. No.: __________________________________________ Contract Number: ________________________

Prime Contractor ___________________________________ Current Contract Completion Date: ___________

Date Work Started: __________________________________ Date Work Completed*: ___________________

Subcontractor’s Superintendent: ___________________________________________________________________

Type of Work Performed by Subcontractor: _________________________________________________________

*If work was NOT completed within specified time (including extensions) give reasons on following page.

Excellent

Very Good

Average

Fair

Poor 4 % Rating

1. Workmanship x 2=

2. Safety x 2=

3. Schedule x 1.5=

4. Home Office

Support x 1.5=

5. Field Supervision/ Superintendent x 1=

6. Contract Compliance x 1=

7. Equipment x 0.5=

8. Payment of

Accounts x 0.5=

(use back for additional comments) Overall Rating:

(Give explanation of items 1 through 8 on the following page in numerical order if overall rating is below 80%. Use additional sheets if necessary.)

District Construction Engineer’s Signature/Date Resident Engineer’s Signature/Date

Contractor Signature Acknowledging Report/Date Subcontractor Signature Acknowledging Report/Date

Subcontractor Requests Meeting with the District: No □ Yes □ Date Meeting Held:

Subcontractor’s Comments / Meeting Notes (extra sheets may be added to this form and noted here if needed):

Contractor’s Comments: _________________________________________________________________________

Final Report □

Interim Report □

00440 - 2

SUBCONTRACTOR PROJECT EVALUATION FORM (Continued)

Date: __________________________________ Contract Number:

INFORMATION FOR DISTRICT HIGHWAY DIRECTORS RELATING TO PREQUALIFICATION

A deduction shall be recommended for unsatisfactory performance if computed overall rating is under 80%.

A deduction may be recommended for this project being completed late due to the Contractor’s fault.

RECOMMENDATIONS FOR DEDUCTIONS FROM CONTRACTORS’ ASSIGNED FACTOR

(Write Yes or No in space provided)

I recommend a deduction for Contractor’s unsatisfactory performance: ____________________________________

I recommend a deduction for project completed late:___________________________________________________

Signed: _____________________________ District Highway Director

EXPLANATION OF RATINGS 1 – 8: _____________________________________________________________

WORK NOT COMPLETED WITHIN SPECIFIED TIME: _____________________________________________

Revised: 04/28/17

Massachusetts Department of Transportation Highway Division

00710 - 1

DOCUMENT 00710

GENERAL CONTRACT PROVISIONS

Revised: 03-31-26

NOTICE OF AVAILABILITY

The STANDARD SPECIFICATIONS FOR HIGHWAYS AND BRIDGES dated 2026, the SUPPLEMENTAL SPECIFICATIONS , the 1990 STANDARD DRAWINGS FOR SIGNS AND SUPPORTS; the 1968 STANDARD DRAWINGS FOR TRAFFIC SIGNALS AND HIGHWAY LIGHTING and the CONSTRUCTION STANDARD DETAILS are available online at https://www.mass.gov/massdot-highway-division-manuals-and-publications

SPECIAL PROVISIONS FOR RIGHT-TO-KNOW ACT REQUIREMENTS

The Contractor's attention is directed to Massachusetts General Laws, Chapter 111F, commonly known as the Right- To-Know Act, and to the regulations promulgated pursuant thereto. Among the provisions of the Right-To-Know Act is a requirement that employers make available to employees Materials Safety Data Sheets (MSDS) for any substance on the Massachusetts Substance List (MSL) to which employees are, have been, or may be exposed.

To ensure prompt compliance with these regulations and legislation, the Contractor shall:

1. Deliver to the Department, prior to the start of any work under this contract, copies of MSDS for all MSL substances to be used, stored, processed or manufactured at the worksite by the Contractor.

2. Train employees of the Department, who may be exposed to MSL substances as a result of the Contractor's work under this contract, with regard to those specific substances in accordance with requirements of the Right- To-Know Act.

3. Observe all safety precautions recommended on the MSDS for any MSL substance to be used, stored, processed, or manufactured at the worksite by the Contractor.

4. Inform the Department in writing regarding specific protective equipment recommended in the MSDS for MSL substances to which employees of the Department may be exposed as a result of the Contractor's work under this contract.

The Department shall not be liable for any delay or suspension of work caused by the refusal of its employees to perform any work due to the Contractor's failure to comply with the Right-To-Know Act. The Contractor agrees to hold the Department or the Commissioner of the Department harmless and fully indemnified for any and all claims, demands, fines, actions, complaints, and causes of action resulting from or arising out of the Contractor's failure to comply with the requirements of the Right-To-Know Act.

ALTERNATIVE DISPUTE RESOLUTION

Forum, Choice of Law and Mediations:

Any actions arising out of a contract shall be governed by the laws of Massachusetts and shall be brought and maintained in a State or federal court in Massachusetts which shall have exclusive jurisdiction thereof. MassDOT and the Contractor may both agree to mediation of any claim and will share the costs of such mediation pro rata based on the number of parties involved.

https://www.mass.gov/massdot-highway-division-manuals-and-publications

00710 - 2

00715 - 1

DOCUMENT 00715

SUPPLEMENTAL SPECIFICATIONS

MARCH 31, 2026

The 2026 Standard Specifications for Highways and Bridges are amended by the following modifications, additions and deletions. These Supplemental Specifications prevail over those published in the Standard Specifications.

The Specifications Committee has issued these Supplemental Specifications for inclusion into each proposal until such time as they are updated or incorporated into the next Standard Specifications.

Contractors are cautioned that these Supplemental Specifications are dated and will change as they are updated.

DIVISION I

GENERAL REQUIREMENTS AND COVENANTS

SECTION 5.00: CONTROL OF WORK

Subsection 5.03: Conformity with Plans and Specifications Change the MGL reference in the first sentence to Chapter 30, Section 39I (from Section 39L).

DIVISION II

CONSTRUCTION DETAILS

SECTION 600: HIGHWAY GUARD, FENCES AND WALLS

SUBSECTION 628: IMPACT ATTENUATORS

Subsection 628.82: General Replace this subsection with the following:

Item number Description Unit

628.302 Permanent Impact Attenuator, Non-Redirective, TL-2 Each

628.303 Permanent Impact Attenuator, Non-Redirective, TL-3 Each

628.304 Temporary Impact Attenuator, Non-Redirective, TL-2 Each

628.305 Temporary Impact Attenuator, Non-Redirective, TL-3 Each

628.312 Permanent Impact Attenuator, Redirective, TL-2 Each

628.313 Permanent Impact Attenuator, Redirective, TL-3 Each

628.314 Temporary Impact Attenuator, Redirective, TL-2 Each

628.315 Temporary Impact Attenuator, Redirective, TL-3 Each

628.322 Permanent Impact Attenuator, Low-Maintenance, TL-2 Each

628.323 Permanent Impact Attenuator, Low-Maintenance, TL-3 Each

00715 - 2

SECTION 800: TRAFFIC CONTROL DEVICES

SUBSECTION 813: WIRING, GROUNDING AND SERVICE CONNECTIONS

Subsection 813.20: Payment Items Replace this subsection with the following:

This work shall consist of furnishing and installing wire and cable of the type and size indicated for traffic signals and other traffic control devices, ITS systems, highway lighting and related electrical systems, equipment grounding systems, new ground electrodes or connections to existing ground electrodes, power pedestals, and all materials and equipment necessary to deliver power to such systems.

Service points shown on the plans are approximate only. The Contractor shall determine exact locations for both overhead and underground service access points. The Contractor shall determine riser elevations or connections/routing to manhole facilities from the serving utility, and arrange to complete the service connections.

All work under this Subsection shall comply with the MEC and the National Electrical Safety Code.

Subsection 813.41: Grounding and Bonding Conductions Replace this subsection with the following:

Grounding and bonding conductors shall conform to M8.16.10: Type 10 Grounding and Bonding Conductors (Solid or Stranded, Insulated or Bare).

Subsection 813.42: Ground Rods Replace this subsection with the following:

Ground rods shall consist of driven rod(s) conforming to M8.17.0: Ground Rod or other devices approved for the purpose.

Subsection 813.44: Power Pedestal Add this subsection in numerical order:

A Power Pedestals shall consist of a side-of-post mounted lockable load center enclosure, a load center with circuit breakers, an exterior-mounted electrical meter, signal post and base, equipment bonding, ground rod(s) conforming to 813.42: Ground Rods, and a cement concrete foundation. The enclosure, lock, circuit breakers, signal post and base, and foundation shall all be included in the Shop Drawing submission.

The enclosure shall be rated to meet or exceed NEMA 3R and be suitable for post-mounting and shall be sized appropriately to house the load center. The enclosure shall be capable of being secured with an integrated locking mechanism or by a Contractor-supplied padlock; regardless of locking mechanism, it shall be operated with a #2 key.

The circuit breakers shall be designed for single-phase, 3-wire, 120/240 VAC. Circuit breakers shall provide a means to manually operate a circuit and/or automatically open a circuit that is in overload or short circuit conditions. All circuit breakers shall be UL listed and have CSA certification.

The enclosure shall be furnished with a meter socket installed. The meter socket shall be approved by the servicing electrical utility.

The signal post and base shall conform to M10.05.1: Signal Posts and Bases and the Plans. The Contractor shall supply a square aluminum base with a natural or anodized finish and a Schedule 80 aluminum post with a brushed or spun finish, unless otherwise indicated in the Plans.

The Contractor shall supply mounting equipment recommended by the enclosure manufacturer to side-mount the cabinet to the post.

Bonding for the Power Pedestal shall utilize a #8 AWG or larger ASTM-B3 wire.

The cement concrete foundation shall conform to the Plans and M4.02.0: Concrete Produced by Stationary and Truck Mixers, M4.03.0: Concrete Produced by Volumetric Mixers, M4.06.1: Conventional Concrete, M4.09.0:

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Precast, Prestressed, and Prefabricated Concrete Products, M4.11.0: Evaporation Reducing Materials, and M4.12.0: Curing Materials, as applicable.

Subsection 813.64: Power Pedestal Add this subsection in numerical order:

No work shall commence until Shop Drawings have been approved.

The Power Pedestal Cabinet shall be mounted side-of-post to the Signal Post, per the manufacturer's recommendations. The Power Pedestal Cabinet should be installed directly below the meter socket, per the Plans. If dissimilar metals are present, they shall be electrically insulated to prevent galvanic corrosion.

The Contractor shall supply the appropriate type (single pole or double pole) and number of circuit breakers included within the Power Pedestal Cabinet to provide the recommended AC power to each device receiving power from the Cabinet. The circuit breakers shall be clearly labeled as to which device they are powering (e.g.

RRFB-1, RRFB-2, Warning Beacon, Speed Feedback Sign, etc.).

The Power Pedestal shall be grounded and bonded per 813.61: Equipment Grounding and Bonding and 813.62:

Grounding Electrodes.

Subsection 813.80.E: Power Pedestal Add this subsection in numerical order:

Power Pedestals will be measured on the basis of the number of Power Pedestals each furnished and installed.

Subsection 813.81.E: Power Pedestal Add this subsection in numerical order:

Power Pedestals will be paid for at the contract unit price for each installed in place. This includes all labor and materials required for a working system.

All costs associated with grounding and bonding of Power Pedestals shall be considered incidental to the item.

All costs associated with providing service connections to Power Pedestals shall be paid for under their respective pay items.

Subsection 813.82: Payment Items Change the unit od measure for items 813.80 and 813.81 to Each and add the following pay item:

813.90 Power Pedestal Each

DIVISION III

MATERIALS SPECIFICATIONS

SECTION M10: TRAFFIC CONTROL DEVICES

Subsection M10.03.1: Field Monitoring Unit Add this new subsection:

All Field Monitoring Units (FMU) shall be compatible with the MassDOT Critical Operations Multi-jurisdictional Modular System (MCOMMS), cloud-based management system.

FMUs shall be capable of operating independently from the brand of traffic signal controller, vehicle and pedestrian detection systems, battery backup system (BBS), and any other Ethernet-based, web accessible device present in the traffic signal controller cabinet.

M10.03.1.A: Hardware

The FMU shall communicate via an Ethernet port with an RJ45 connector and have an integrated Ethernet switch with a minimum of four ports.

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The FMU shall be powered via standard 120 VAC input power. The FMU shall include an integrated battery and battery charging/monitoring circuit that will allow the FMU to fully function even if all other electrical service to the cabinet has been interrupted. The battery shall continue to supply the FMU with power for a minimum of 5 hours on a single charge.

The FMU shall have an integrated GPS that will allow for automated telemetry without additional configuration.

The GPS shall be capable of providing a time sync pulse to the internal clock of a connected traffic signal controller. The FMU shall utilize the integrated GPS to geolocate itself on a map via the FMU management software.

M10.03.1.B: Software

The configuration of the FMU shall be accomplished by accessing FMU management software via an internet browser. It shall be possible to configure the FMU without any special software.

The FMU shall operate without requiring a static IP address. The only configuration required at the FMU is to enter the URL to the host of the FMU management software.

The FMU shall utilize HTTPS protocols and XML data structure for communications with the FMU management software. The data shall be scalable for future expansion; proprietary protocols shall not be used.

M10.03.1.C: Wireless Connectivity

The FMU shall be supplied with an internal 4G LTE cellular modem.

The modem shall support future upgrades to 5G service, when available, and shall be compatible with SIM cards from multiple cellular carriers.

M10.03.1.D: Remote Access

Remote access to any traffic signal cabinet component that has a web interface via the FMU shall not require the end user to create a separate Virtual Private Network (VPN) connection.

END OF SUPPLEMENTAL SPECIFICATIONS

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act

Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water

Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for

Lobbying XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

DOCUMENT 00760

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1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring…