SECTION 701: CEMENT CONCRETE SIDEWALKS, PEDESTRIAN CURB RAMPS AND DRIVEWAYS DESCRIPTION
701.20 : General
This work shall consist of the construction of cement concrete sidewalks, pedestrian curb ramps, and driveways in accordance with the specifications and within the tolerances established on the plans. MATERIALS 701. 30: General Materials shall meet the requirements specified in the following Subsections of Division III, Materials: Gravel Borrow , Type b ............................................................................................................... M1.03.0 Cement Concrete (4 ,000 psi, ¾-inch, 610) ....................................................................... M4.02.00 Preformed Expansion Joint Filler .......................................................................................... M9.14.0 CONSTRUCTION METHODS 701.40: Preparation of Underlying Surface
A.Excavation. Excavation of the area shall be in accordance with the applicable portions of Subsection 120: Excavation .
B.Subgrade and Subbase. The subgrade for the sidewalks and driveways shall be shaped parallel to the proposed surface of the sidewalks and driveways and thoroughly compacted. All depressions in the subgrade shall be filled with suitable material and again compacted until the surface is smooth and hard. Prior to the placement of the subbase, the Contractor shall inspect the prepared subgrade to ensure that it is in conformance with the required grade and cross -section. Subgrade shall be fine graded to meet the applicable requiremen ts of Subsection 170: Grading. After the subgrade has been prepared, a gravel subbase shall be placed upon it. After being compacted thoroughly, the subbase shall be at least 8 inches thick and parallel to the proposed surface of the sidewalk. Prior to the placement of the cement concrete, the Contractor shall inspect the prepared subbase material to ensure that it is in conformance with the required grade and cross -section. Subbase material that is not in accordance with the plans or specifications shall be reworked or replaced to meet the applicable requirements o f Subsection 170: Grading before the start of cement concrete placement. When placing cement concrete, the compacted subbase shall not be frozen or have standing water. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.38 202 4 Edition SECTION 7.00 : LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Subsection 7.01 : Laws to be Observed
A.General. The Contractor shall keep itself fully informed of all state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the work, or the materials used in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals, having any jurisdiction or authority ov er the same. If any discrepancy or inconsistency is discovered in the Contract for the work in relation to any law, ordinance, regulation, order or decr ee; the Contractor shall forthwith report the same to the Engineer in writing. The Contractor shall at all times observe and comply with, and shall cause all their agents and employees to observe and comply with , all existing laws, ordinances, regulations, orders and decrees. The Contractor, if a foreign corporation, (a corporation established, organized or chartered under laws other than those of the Commonwealth) shall comply with the provisions of Sections 3 and 5 of Chapter 181 of the General Laws as amended. Section 3 provides that the State Secretary shall be appointed for the service of legal process in the case of a foreign corporation doing business in this Commonwealth. Section 5 requires every such corporation to file with the said secretary copies of its charter, cer tificate of incorporation, a true copy of its bylaws and other information. The Contractor shall file with the Department with each bid, a certificate from the State Secretary stating that such corporation has complied with Sections 3 and 5 of Chapter 181 and the date of such compliance. Other out -of-state business organiz ations, such as individual proprietorship, partnership, etc. shall appoint an agent in this Commonwealth for the service of legal process and furnish a copy of such appointment to the State Secretary prior to the issuance of a Contract by the Department. It shall be the responsibility of the Contractor to observe and practice to the fullest extent practicable controls, procedures and methods lending themselves to protection of the human and natural environment. The Contractor shall not, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, give, offer or promise anything of value to any present or former state employee, for or because of any official act performed or to be performed by such employee or person selected to be such employee. The phrase “anything of value” as used herein means any item of value, including but not limited to invitations or tickets to sporting events, social gatherings, outings or parties, or the provision of meals or lodging, or the use of vehicles of any kind, and any other item or thing of monetary value. In the event that the Contractor breaches this provision, the Department may take action against the Contractor including but not limit ed to the following: (a) ordering the Contractor to cease the work or any part thereof, (b) termination of the contract, (c) requiring Contractor's sureties to complete the work, and (d) suspend or terminate the Contractor's prequalification status. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.39 202 4 Edition The Contractor shall at all times observe and comply with and shall cause all their agents and employees to observe and comply with all existing laws, ordinances, regulations, orders and decrees especially in their relationship to the protection of the total environment. Executive Order 130 ( Anti -Boycott Covenant) The Contractor warrants, represents and agrees that during the time this contract is in effect, neither it nor any affiliated company, as hereafter defined, participates in or cooperates with an international boycott, as defined in Section 999 (b) (3) and (4) of the Internal Revenue Code of 1954, as amended, or engages in conduct declared to be unlawful by MGL Chapter 151 E, Section 2 . If there shall be a breach in the warranty, representation and agreement contained in this paragraph, then without limiting such other rights as it may have the Commonwealth shall be entitled to rescind this contract. As used herein, an affiliated company shall be any business entity of which at least 51 % of the ownership interests are directly or indirectly owned by the Contractor or by a person or persons or business entity or entities directly or indirectly owning a t least 51 % of the ownership interests of the Contractor, or which directly or indirectly owns at least 51 % of the ownership interests of the Contractor. Executive Order No. 195 In compliance with Executive Order No. 195 of the Governor of the Commonwealth, the Governor or their designee, the Secretary of Administration and Finance, and the State Auditor or their designee shall have the right at reasonable times and upon reasonable notice to examine the books, records and other compilations of data of the contractor which pertain to the performance of the provisions and requirements of this contract.
B.Air Pollution Control. The Contractor shall comply with the provisions of Chapter 111, as amended, of the General Laws of the Commonwealth, pertaining to and establishing the Air Pollution Control Districts in the Commonwealth. The burning of trees, brush, etc. will not be permitted. The Contractor shall provide other satisfactory, approved methods of disposal without additional compensation.
C.Prevention of Water Pollution (See Subsection 7.02: Pollution Prevention ). Attention of the Contractor's directed to Section 42 of the Massachusetts Clean Waters Act (Chapter 21 of the General Laws as amended).
D.Plant Pest Control. The Contractor's attention is directed to the provisions of The Federal Plant Quarantine Act of 1912, as amended (7 U.S.C. 151 -165 and 167); The Terminal Inspection Act of March 4, 1915, as amended (7 U .S.C. 166); Organic Act of 1944, as amended (7 U .S.C. 150aa -150jj); Cooperation with States in Administration and Enforcement of Certain Federal Laws, approved September 28, 1962 (7 U .S.C. 450). All soil moving equipment operating in regulated areas in Massachusetts will be subject to plant quarantine regulations. In general, these regulations require the thorough cleaning of soil from equipment by the Contractor before such equipment is moved from regulated areas within Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.40 202 4 Edition Massachusetts to uninfested areas either within or without the Commonwealth. The cost of such cleaning shall be included in the contract prices and shall not be in addition thereto. Complete information may be obtained from the Massachusetts Department of Agriculture, Plant Pest Control Division, 100 Cambridge Street, Boston. For interstate movement of soil moving equipment, the following should be contacted:
U.S. Department of Agriculture Plant Pest Control Division 424 Trapelo Road Waltham, Massachusetts 02154
E.Invasive Plants. The Contractor shall ensure that no invasive plant species, as defined and listed by the Massachusetts Invasive Plant Advisory Group, are introduced or spread within or outside the site by construction activities either by improperly cleaned construction e quipment or importation of infected materials such as borrow, compost, nursery stock, seed, or hay bales. Corrective measures, if necessary, shall be made by the Contractor as directed by the Engineer. The Contractor shall be solely responsible for all c osts associated with ensuring that invasive species are not introduced or spread by construction activities and for all corrective measures required for as long as necessary to eliminate the introduced invasive plant species and prevent reestablishment of same.
F.AAB Tolerances. All construction elements associated with sidewalks, walkways, pedestrian curb ramps and curb cuts are controlled by 521 CMR. The Contractor is ultimately responsible for constructing all project elements in strict compliance with the current AAB/ADA rules, regulations and standards. The AAB Rules and Regulations specify maximum slopes and minimum dimensions required for construction acceptance. There is no tolerance allowed for slopes greater than the maximum slope nor for dimensions less than the minimum dimensions.
G.Buy America Provisions. On Federally -aid projects the Buy America Federal Regulation (23 CFR 635.410) requires that all manufacturing processes for steel and iron to be permanently incorporated in Federal- Aid Highway Construction Projects 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 Buy America. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.41 202 4 Edition Subsection 7.02: Pollution Prevention
I.Air Pollution Prevention.
A.Diesel Construction Equipment. The Massachusetts Department of Transportation is a participant in the MassCleanDiesel Program established by the DEP and the purpose of this specification is to achieve documentable diesel emission reductions that result in beneficial air quality improvements to construction workers and the general public through the retrofit of diesel -powered non -road construction equipment. The Contractor shall certify that all Contractor and Sub -Contractor diesel -powered non -road construction equipment and vehicles greater than 50 brake horsepower (hp) that will be utilized in performance of the work under this contract (hereinafter “Diesel Construction Equipment” or “DCE”) have:
1.engines that meet the EPA particulate matter (PM) Tier emission standards in effect for non- road diesel engines for the applicable engine power group ; or
2.emission control technology verified by EPA or CARB for use with “non- road engines ;” or
3.emission control technology verified by EPA or CARB for use with “on -road engines” provided that such equipment is operated with diesel fuel that has no more than 15 ppm sulfur content (i.e., ULSD fuel) ; or
4.emission control technology certified by manufacturers to meet or exceed emission reductions provided by either “on -road” or “non -road” emission control technology verified by EPA or CARB. Emission control devices, such as oxidation catalysts or particulate filters, shall be installed on the exhaust system side of the diesel combustion engine equipment. The Contractor is responsible to insure that the emissions control technology is operated , maintained, and serviced as recommended by the manufacturer. See Exemptions below regarding the use of rental equipment. See Compliance section regarding minimum emission reductions that must be provided by non - verified EPA or CARB emission control devices. For the latest up -to-date list of EPA -verified technologies, see: http://www.epa.gov/otaq/retrofit/verif -list.htm. For the latest up -to-date list of CARB verified technologies, see: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm Exemptions
A.Rented diesel equipment greater than 50 brake hp that will be used on site for 30 days or less over the life of the project (i.e., 30 days cumulative) are exempt from this specification. However, if the rented equipment will be used more than 30 cumulative days, then the equipment must comply with this specification. In either case, rental equipment must be included as part of the detailed records of DCE under Submittals and Reporting. Note : Any contractor owned equipment that are more than 50 brake hp that are used on site for 30 cumulative days or less over the life of the project, are not exempt from complying with this specification. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.42 202 4 Edition B. Large cranes (such as Sky cranes or Link Belt cranes) which are responsible for critical lift operations are exempt from installing Retrofit Emission Control Devices if they adversely affect equipment operation. Technical justification must be submitted to the Engineer for approval to document the impact on operations.
C.The Engineer may create an exemption when there is a compelling emergency need to use diesel vehicles or engines that do not meet the contract conditions for emission controls. Examples include the need for rescue vehicles or other equipment to prevent or remedy harm to human beings or additional equipment required to address a catastrophic emergency such as structure collapse or imminent collapse. Once the emergency is controlled, such non -compliant equipment must be removed from the project. Meeting contr act deadlines will not be considered a compelling emergency.
D.Diesel -powered non -road construction equipment greater than 50 brake horsepower need not be equipped with either EPA of CARB verified emission control technology if the non - road construction equipment diesel engine is certified to meet the EPA particulate matter (PM) Tier emission standards in effect for non -road diesel engines for the applicable engine power group. Note : If emissions from the DCE at the start of the project meets the most current EPA PM emissions standards in effect at the time, but are superseded by newer Tier emission standards (i.e., Tier 3 emission standards replaced by Tier 4 emission standards), then the superseded DCE must be retrofitted prior to the end of the contract with emission control technology per Section (2).
E.If an additional DCE (greater than 50 brake hp), or permanent replacement is brought on site after work has commenced, the Contractor has 15 calendar days from the time the DCE is brought on site, to install emission control technology per this specificati on (unless the DCE has an engine that meets the EPA particulate matter (PM) Tier emission standards in effect for non -road diesel engines for the applicable engine power group). Submittals and Reporting The Contractor shall fill out and return the following forms within 14 days of the date of contract Award: Certification of Construction Equipment Standard Compliance Form Diesel Equipment Data Sheet These forms are available on the MassDOT website at www.mass.gov/massdot/highway/ Should the successful bidder fail to execute the said form, MassDOT may, at its option, determine the Contractor has abandoned the Contract and shall take action in accordance with Subsection 3.06: Failure to Execute Contract . The Diesel Equipment Data Sheet is a certified list of all DCE to be utilized on the project and provide the following information for each DCE in tabular form: Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.43 202 4 Edition Contractor/subcontractor name. Identify if owned/rented equipment. Equipment type. Equipment make, model and VIN. Engine model, year of manufacture and HP rating. Type of fuel used. Emission Control Device (ECD) type (DOC or DPF). ECD manufacturer, make and model. ECD EPA/CARB Verification Number or ECD performance certification provided by manufacturer(s) that the DOC or DPF meets or exceeds emission reductions when compared to an EPA or CARB verified device. ECD installation date. For each piece of DCE, the Contractor shall also submit digital color pictures showing the machine and the MassDOT -issued compliance label (with inspection tag number). The Contractor and subcontractor shall maintain detailed records of all DCE used on the project, including the duration times the DCE is used on the project site. Records shall be available for inspection by MassDOT. The Engineer shall be immediately notif ied of any new DCE brought into the project. Compliance
A.All DCE that are not exempt, must comply with these provisions whenever they are present on the project site. If a non -verified EPA or CARB emissions control device is used for compliance with this specification, then the device must provide the following minimum emission reductions: Table 7.02-1 : Minimum Emission Reductions for Non -Verified Emissions Control Device s Diesel Oxidation Catalysts Diesel Particulate Filters Particulate Matter: 20% Carbon Monoxide: 40% Volatile Organic Compounds: 50% Particulate Matter: 85% Note : If emission reductions for a non -verified ECD appear to be questionable as determined by MassDOT, the Contractor shall provide all supporting emission test data, including test procedures, as requested by MassDOT for the ECD. If emission reductions canno t be substantiated by supporting test data, then the ECD in question must be replaced with a different ECD.
B.Upon confirming that the Diesel Construction Equipment meets the EPA particulate matter (PM) Tier emission standards in effect for non -road diesel engines for the applicable engine power group or has the requisite pollution control technology installed, Ma ssDOT will issue a non- transferable compliance label that will assign a compliance tracking number to the DCE.
C.All DCE subject to this Specification shall display the compliance label in a visible location. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.44 202 4 Edition D. When leased or rented equipment which has been retrofitted by the Contractor is returned to the rental company, the Contractor will remove the Compliance label and return the label to the Engineer.
E.Use of a DCE which has been issued a compliance label and which is found without the device is a breach of this contract and will be subject to a stipulated penalty of $2,500 per day. See Non -compliance section below.
F.If an emission control device which was purchased and/or utilized on or after March 1, 2005 and was in compliance with the MassDOT diesel retrofit requirements in place between March 1, 2005 and the issuance of this specification, the retrofit device will be considered in compliance with this specification. Note: If a retrofit device (i.e., DOC or DPF) used between March 1, 2005 and issuance of this specification does not have a performance certificate which shows the pollutant emission reductions being pro vided by the retrofit device meets or exceeds emission reductions provided by either an EPA or CARB verified “on-road” or “non -road” emission control device, then the device will be considered non- compliant with this specification. Non -compliance All DCE may be inspected by the Engineer or designated agent without prior notice to the Contractor. If any DCE is found to be in non -compliance, the Contractor must either remove the DCE from the project or retrofit it within 15 calendar days. Failure to comply will subject the Contractor to an Environmental Deficiency Deduction described below. A Notice of Non- Compliance will be issued by the Engineer or their agent at the time the noncompliance is identified. If the Contractor fails to take corrective action within 15 calendar days of issuance of the Notice of Non -Compliance, a daily monetary deficiency deduction will be imposed for each calendar day the deficiency continues. The deduction will be $2,500 per calendar day for each piece of DCE determined to be in non- compliance. The deficiency deduction is irrevocable and shall not be reimbursed. Pay estimates will be held and no payments made until all equipment is brought into compliance. Costs All costs associated with the installation of emission control technology are the responsibility of the Contractor and shall be considered incidental to the cost of the project. No additional compensation is provided. In addition, all DCE greater than 50 brake hp shall comply with the requirements of this specification at the start of work commencing on site. The Contractor’s compliance with this specification shall not be grounds for claims.
B.Construction Dust Control. The Contractor shall comply with the provisions of the Massachusetts Department of 310 CMR 7.09 U Dust, Odor, Construction and Demolition . The Contractor is responsible for control of dust at all times, 24 hours per day, 7 days per week. The Contractor shall treat soil at the site, haul roads, stockpiled materials and other areas disturbed by the operations with dust suppressors or other mean s to control dust. Dry power brooming will not be permitted. The Contractor shall use vacuuming, wet sweeping, regenerative air sweeping, or wet Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.45 202 4 Edition power broom sweeping. The use of sandblasting and compressed air will be permitted only with acceptable dust controls in place. Only wet cutting of concrete block, concrete and asphalt will be permitted. Trucks and equipment leaving the site and entering public streets shall be cleaned of mud and dirt adhering to the vehicle body and wheels. Trucks and equipment arriving at and leaving the site with materials shall be loaded in a manner that will prevent t he dropping of materials or debris on the streets. The contractor shall secure and cover transport equipment and loose materials to ensure that materials do not become airborne during transit. Material with high water content shall not be allowed to leak f rom truck cargo areas during transport over streets. Spills of materials in public areas shall be removed immediately without additional compensation.
C.Vehicle Engine Anti -Idling. The Contractor is responsible for control of unnecessary engine idling at all times, 24 hours per day, 7 days per week. The Contractor shall comply with the provisions of 310 CMR 7. 11 U Transportation Media . The engines to all equipment and vehicles on or adjacent to the work site that are not being actively used in excess of five minutes shall be turned -off. Equipment and vehicles exempt from the five - minute anti -idling requirement include: cranes involved with critical lift operations, equipment and vehicles being serviced, vehicles engaged in the delivery or acceptance of equipment or material, and vehicles engaged in an operation which engine power is necessary for an associated power need.
D.Construction Noise Control. The Contractor shall comply with the provisions of 310 CMR 7.10 U Noise . Contractors and sub -contractors owning, leasing, or controlling equipment that is a source of sound shall not willfully, negligently, or through failure to provide necessary equipment, service, or maintenance, cause, allow, or permit excessive noise emissi ons. All construction related activities which characteristically emit sound as well as construction and demolition equipment, should be fitted with and/or accommodated with equipment and/or material to suppress sound as necessary, or be operated in a manner so as to suppress sound. II. Water Pollution Requirements.
A.General. The Contractor shall exercise every reasonable precaution to prevent o r minimize the silting of rivers, streams or water impoundments during actual construction and periods when the work may be temporarily suspended. Similar precautionary measures shall be taken with respect to temporary roads and access roads to borrow pits. This work shall also consist of temporary control measures ordered by the Engineer during the life of the Contract to control water pollution, through the use of berms, dikes, dams, sediment basins, crushed stone, gravel, mulches, grasses, waterways, and other erosion control devices or methods. The tempo rary pollution control provisions contained herein shall be coordinated with the permanent erosion control features specified elsewhere in the Contract to the extent practical to Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.46 202 4 Edition assure economical, effective and continuous erosion control throughout the construction and post - construction period.
B.Schedule of Work. At the preconstruction conference, the Contractor shall submit for acceptance and approval their procedure for the accomplishment of temporary erosion control work, and their schedule for the accomplishment of permanent erosion control work for all applicable phases of construction. Since circumstances may require that certain pollution control work be done as promptly as possible, the Contractor's procedure must indicate bis ability with men, equipment and material to take the necessary action.
C.Borrow Pits, H aul Roads and Disposal Areas . Prior to entering or constructing haul roads or opening any borrow pit or waste disposal area, the Contractor shall submit their work plan for erosion control of such roads, pits or disposal areas. No work shall be started until the erosion control program and methods of operation have been accepted and are approved by the Engineer. Wherever practicable so to do, unless objection thereto is made by the borrow pit owner, the Contractor shall save sufficient good topsoil from the excavated area and use it in establishing a vegetative cover which will blend the pit area into the surrounding landscape when the work on the project is completed. Vegetative cover will be similarly established in areas where waste material is placed. (See also 150.21: Borrow Pit Restrictions ).
D.Construction Requirements . The Engineer has the authority to limit the surface area of erodib le earth material exposed by clearing and gr ubbing or excavation, borrow and fill operations and to direct the Contractor to provide immediate permanent or temporary pollution control measures to prevent contamination of adjacent streams or other watercourses, lakes, ponds or areas of water impoundme nt. Such work may involve the construction of temporary berms, dikes, dams, sedi ment basins, waterways, and use of temporary mulches, seeding or other control devices or methods as necessary to control erosion. All slopes shall be seeded and mulched as the earthwork proceeds to the extent considered desirable as practicable. Where erosion is likely to be a problem, clearing and grubbing operations should be so scheduled and performed that grading operations and perma nent erosion control features can follow immediately thereafter if the project conditions permit; otherwise temporary erosion control measu res will be required between successive construction stages. The Engineer will limit the area of excavation, borrow and embankment operations in progress commensurate with the Contractor's capability in keeping the finish grading, mulching, seeding and other such permanent pollution control measures current in accordance with the accepted schedule. Should seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified. If, in the judgment of the Engineer, the surface area of erodible earth material exposed has the potential for causing water pollution, the Engineer shall direct the Contractor to cease the applicable operations until satisfactory temporary or permanent erosion control measures are Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.47 202 4 Edition taken. In the event of conflict between these requirements and pollution control laws, rules or regulations of other federal or State or local agencies, the more restrictive laws, rules or regulations shall apply. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time, as outlined in their accepted schedule. Temporary pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent pollution control features; or t hat are needed temporarily to control erosion that develops during normal construction practices, b ut are not associated with permanent control features on the project. The Contractor shall take reasonable precaution to prevent grass and brush fires within the work site thereby eliminating further sources of erosion due to burned over areas.
E.Work in or Near Streams, Rivers and Impoundments . The fording of streams with equipment shall be kept to a minimum. Where frequent stream crossings are contemplated and where fording might create sediment detrimental to fish, wildlife, water supplies or irrigation systems, tempora ry bridges or culverts shall be installed, the cost of which shall be absorbed by the Contractor. Unless otherwise approved in writing by the Engineer, construction operations in rivers, streams and impoundments shall be restricted to those areas where channel changes are shown on the plans and to those areas which must be entered for the construction of temporary or permanent structures. Rivers, streams and impoundments shall be promptly cleared of all falsework, piling, debris, or other obstructions placed therein or caused by the construction operations. Excavation from the roadway, channel changes, cofferdams, etc., shall not be deposited in or so near to rivers, streams, or impoundments that it will be washed away by high water or runoff. When the Contractor uses water from natural sources for any of their operations, intake methods shall be such as to avoid contaminating the source of supply and maintain adequate downstream flow when the source is a stream. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage and other harm ful waste shall not be discharged into or alongside of rivers, streams, impoundments or into natural or man -made channels leading thereto.
F.Sanitary Provisions . The Contractor shall provide and maintain in a neat sanitary condition such accommodations for use of their employees as may be necessary to comply with the requirements of the Department of Public Health, local health officials or other authorities having jurisdiction. Subsection 7.03: Permits and Licenses The Contractor shall procure all required permits and licenses, pay all charges, fees and taxes and shall give all notices necessary and incidental to the due and lawful prosecution of the work. The cost thereof shall be included in the prices bid for the various items listed in the Proposal. Copies of all required permits and licenses shall be filed with the Engineer prior to the beginning of work. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.48 202 4 Edition For overweight vehicles in excess of 130,000 lb, the Contractor shall provide a copy of each overweight vehicle permit to the Engineer prior to arrival or delivery of the vehicle to a project site. This requirement is for all Contractors, their subcontractors, equipment suppliers and material suppliers. The Contractor's attention is directed to the provisions of General Laws, Ch apter 90, Section 9 as amended, in which it is provided that earth -moving motor vehicles which exceed certain dimensions or weight limits as specified in said Act, and which are used exclusively for building, repair and maintenance of highways, may be operated without registration for a distance not exceeding 300 yd on any way adjacent to any highway or toll road being constructed, relocated or improved provided a permit, authorizing such use, to be issued by the C ommissioner of Public Works or by the Board or officer having charge of such way, has been procured by the Contractor. Subsection 7.04: Motor Vehicles All motor vehicles (except vehicles used solely for transporting employees to and from the project) and trailers used wholly or in part within the Commonwealth by the Contractor or any Subcontractor, or by any person directly or indirectly employed by them in the execution of the Contract, shall be registered in the Commonwealth of Massachusetts and bear Massachusetts registration plates except as stipulated in Subsection 7.03: Permits and Licenses . Motor vehicles used solely for transporting employee(s) to and from the project shall be registered as required under General Laws, Chapter 90, Section 3, as amended. No vehicle shall be driven on any way, as defined in Section I of Chapter 90 of the General Laws, unless such vehicle is constructed or loaded so as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction or water or other substance may be sprinkled on such a way in cleaning or maintaining the same. (General Laws, Chapter 85, Section 30, as amended.) Subsection 7.05: Insurance Requirements
A.Workmen’s Compensation Insurance . The Contractor, before commencing performance of the work required to be done under the Contract, shall provide for the payment of the compensation provided by Massachusetts General Laws, Chapter 152, as amended, to all persons to be employed by them in connection with the said performance, and they shall continue in full force and effect throughout the period required for the completion of the improvement such insurance as may be required under said chapter. The persons for whom compensation is to be prov ided by such insurance shall include those reserve or special police officers employed by the Contractor for the purpose of directing or maintaining traffic or other similar purposes within the site of the improvement and paid directly by them for such services; they shall not include, however, any regular police officers employed for said pm pose. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the Contract and shall operate as an immediate termination thereof. Such insurance shall not be canceled or otherwise terminated until ten days after written notice of cancellation or termination is given by the party proposing cancellation to the other party or until notice has been received that the employer has secured insurance from another insurance company Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.49 202 4 Edition or has otherwise insured the payment of compensation provided for by MGL Chapter 152 as amended. Notice of cancellation sent to the party proposing cancellation by registered mail, postage prepaid, with a return receipt of the addressee requested, shall be sufficient notice. An affidavit of any officer, agent or employee of th e insurer or of the insured, as the case may be, duly authorized for the purpose, that they have so sent such notice addressed as aforesaid, shall be prima facie evidence of the sending thereof as aforesaid. This section shall apply to the legal representatives, trustee in bankruptcy, receiver, assignee, trustee and the successor in interest of any such Contractor. The aforesaid insurance except that required for traffic officers, shall be taken out and maintained with no compensation therefor other than that provided by the contract unit prices.
B.Public Liability Insurance. The Contractor shall take out and maintain insurance of the following kinds and amounts in addition to any other kinds or bonds required under other provisions of the Contract, with no compensation therefor other than that provided by the contract unit pri ces.
1.Contractor’s Public Liability and Property Damage Liability Insurance. The Contractor shall furnish evidence to the Department that, with respect to the operations the Contractor performs, the Contractor carries regular Contractors’ Public Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of $2,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and regular Contractor’s Property Damage Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of injury to or destruction of property in any one accident, and subject to that limit per accident, a total or aggregate limit of $2,000,000 for all damages arising out of injury to or destruction of property during the policy period.
2.Contractor’s Protective Public Liability and Property Damage Liability Insurance. The Contractor shall furnish evidence to the Department that, with respect to the operations performed for them by Subcontractors, the Contractor carries on their own behalf regular Contractor’s Protective Public Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of $2,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and regular Contractor’s Protective Property Damage Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of injury to or destruction of property in any one accident and, subject to that limit per accident a total or aggregate limit of $2,000,000 for all damages arising out of injury or destruction of property during the policy period.
3.Railroads’ Protective Liability and Property Damage Liability Insurance. In addition to the above, the Contractor shall furnish evidence to the Department that, with respect to the operation the Contractor or any of their Subcontractors perform, the Contractor has provided for and on behalf of the Railroad Company affected by this Contract Regular Protective Liability Insurance providing for a limit of not less than the amount named in the Special Provisions for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.50 202 4 Edition person, a total limit of the amount named in the Special Provisions for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and Regular Protective Property Damage Liability Insurance for a limit of not less than the amount named in the Special Provisions for all damages arising out of injury to or destruction of property in any one accident and, subject to that limit per accident, a total or aggregate limit of the amount named in the Special Provisions for all damages arising out of injury to or destruction of property during the policy period.
4.Asbestos Liability Insurance. In addition to the above, when items for asbestos testing or removal are contained in the bid items for the project, the Contractor shall furnish evidence to the Department that, with respect to the work the Contractor or any of their Subcontractors perform, the Contractor carries on behalf of itself Asbestos Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total or aggregate limit of $2,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one asbestos rela ted incident.
C.General.
1.The insurance requirements hereinbefore stipulated shall cover all damage to property whether above or below the ground, shall apply to the entire· project, except that such insurance as may be required for the protection of a railroad shall apply only to that portion of the project which is in the immediate vicinity of the railroad property.
2.All insurance policies shall contain suitable stipulations providing for blasting operations if and when required.
3.If any part of the work is sublet, similar insurance to that required of the Contractor shall be provided by or in behalf of the Subcontractors to cover their operations, in accordance with the herein before provisions of “ A. Compensation Insurance," and "B.1, Contractor's Public Liability and Property Damage Liability Insurance, ” with the same minimum limits as required of the Contractor, or such lower minimum limits as the Engineer may approve.
4.All insurance required of the Contractor shall be carried until all work required to be performed under the terms of the Contract or Subcontracts has been satisfactorily completed. In the case of the Contractor, this shall be evidenced by the written accep tance of the physical work by the Chief Engineer.
5.Before the commencement of the performance of the Contract or of any Subcontract the Contractor shall furnish the Department two complete copies of the policies they have provided for and in behalf of the Railroad and they shall file with the Department suitable insurer's certifications showing, for each policy of all required insurance, the following; the name and address of the insurer and of the insured, the policy period, the details of coverage including limits of liability, the rates and cost of such insurance, and a statement that each policy is endorsed to provide that the insurance company shall notify all insured parties and the Department by registered mail at least 30 days in advance of termination or any change in the policy.
6.Insurers shall be licensed and registered in accordance with Massachusetts General Laws. Policies shall indemnify against loss with no deductible amount. Policies shall not contain any provision for Contractor self -insurance. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.51 202 4 Edition Subsection 7.06: Patented Devices, Materials and Processes. It is mutually understood and agreed that, without exception, contract prices are to include all royalties and costs arising from patents, trademarks and copyrights in any way involved in the work. It is the intent that whenever the contractor is required or desires to use any design, device, material or process covered by letters patent or copyright, the right for such use shall be provided for by suitable legal agreement with the patentee or owners. A copy of this agreement shall be filed with the Engineer; however, whether or not such agreement is made or filed as noted, the contractor and the surety in all cases shall indemnify and save harmless the Department from any and all claims for infringement by reason of the use of any such patented design, device, material or process to be involved under the contract. The Contractor and the surety shall indemnify the Department for any cost, expenses and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecutio n or after the completion of the work. Subsection 7.07: Res toration of Surfaces Opened by Permit The Contractor shall not allow any party to make an opening in the highway for any purpose except upon the direction of the Engineer and the presentation of a duly authorized permit. The holder of such a permit shall be considered in the same class as a Co ntractor on an adjacent project, and the provisions of Subsection 5.05: Cooperation by Contractor and Subsection 5.06 : Adjacent Contracts shall apply. Subsection 7.08: Federal Participation (Applicable only to Contracts where the cost of any portion thereof is paid out of Federal Funds). Attention is directed to the provisions of the Federal Highway Act of November 9, 1921 (42 U.S. Statutes at large, page 212) as modified and as extended, and 72 U.S. Statutes at large 885, U.S. Code Title 23, and any other provisions of law, or amendments thereto ·whereby such Federal Participation is authorized, and any regulations properly and lawfully promulgated thereunder, under which the United States shall aid the individual states in the construction of highways. When the United States Government is to pay any portion of the cost of the project the above act of Congress provides that the construction work and labor in each State shall be done in accordance with the laws of that state and applicable Federal Laws. The work embraced in this Contract will therefore be subject to such inspection by the Federal Highway Administration as may be necessary to meet the above requirements. Such inspection shall however, in no sense make the United States Government a party to this Contract, and will in no way interfere with the rights of either party hereunder. Subsection 7.09: Public Safety and Convenience The Contractor shall at all times, until written acceptance of the physical work by the Chief Engineer, be responsible for the protection of the work and shall take all precautions for preventing injuries to persons or damage to property on or about the pr oject. If the Contractor constructs temporary bridges or provides temporary crossings of streams, their responsibility for accidents shall include the roadway and sidewalk approaches as well as the structures of such crossings. Where the Contract involves dredging , excavation or other construction work in navigable waters, the work shall be so conducted as to cause no unnecessary obstruction to the free passage of vessels. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.52 202 4 Edition The decision for routing traffic through or around the work and provisions for the control of same will be made by the Engineer. Whenever it is deemed advisable, special detours will be provided for truck or bus traffic. On major projects and projects in u rban areas traffic patterns and schedules will be studied in the design stage and included in the Special Provisions. Subject to the approval of the Engineer, the Contractor shall schedule the temporary or permanent closing of highways to travel only after consultation with the Police Chief and Fire Chief of the municipality or municipalities concerned. The temporary clos ing of highways shall be kept to a minimum. The Contractor shall provide to the Engineer and to the police and fire departments of each affected municipality a contact list of contractor personnel who can be notified in the event of an emergency. The list shall have the names and telephone numbers of personnel available 24 hours a day, 7 days a week for the duration of the field work. The list shall be kept current, and shall include secondary contacts as needed to ensure that an authorized person is available at all times to mobilize crews as requir ed to respond to emergencies. If contacted directly by emergency response personnel, the Contractor shall immediately notify the Engineer. When a road or portion thereof is under construction and is closed to through traffic and when detours around the work are provided on existing city or town ways, the Contractor shall maintain such city or town ways as required in Subsection 4.07: Maintenance of Detours and be compensated as specified in Subsection 4.07: Maintenance of Detours . The safety and convenience of the travelling public takes precedence over the convenience of the Contractor. Where the construction impacts the traveled way, traffic flow shall be maintained in accordance with the approved traffic management plan. At any time during operations when a traffic delay occurs resulting in conditions which, as determined by the Engineer, significantly impede traffic or create a hazard to public safety, the Engineer will suspend the work and order the roadway opened to ful l available capacity. The Contractor shall immediately cease operations affecting traffic and provide a safe travel way. No additional compensation will be paid for suspending the work. The sole allowance for any such suspension is an extension of time as provided by Subsection 8.10: Determination and Extension of Contract Time for Completion (Time Extensions) . If significant, unexpected traffic delays are recurring, the Contractor may be required to modify the work hours and the traffic management plan. When grading operations are in progress, each level of excavation or fill shall be graded as near as practicable to an even surface so as to provide a satisfactory passageway for the use of traffic. The Contractor shall maintain all temporary roadways in a manner which will provide reasonably safe and convenient travel. When temporary roadways outside the project limits are abandoned, the surfaces shall be removed and all fill graded to a smooth, neat , natural appearance, free from water pockets and as directed by the Engineer. Abandoned temporary or existing roads beyond the limits of the main roadway slopes, but within the project limits, shall be excavated, graded, loamed and seeded as directed to present a neat, Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.53 202 4 Edition natural appearance and provide for proper drainage. Compensation for this work will be included under the respective items of work involved. Snow removal on detours or present traveled ways will not be required of the Contractor. The Contractor, as directed, shall at all times so conduct the work that the abutters shall have reasonable access to their property. When public or private property is isolated by the closure of a road, the Contractor shall be responsible for providing such reasonably safe means of access to a public way as the Engineer deems essential and the Contractor shall be compensated for all such work directed by the Engineer at the contract unit prices for the type of work and materials involved. When it is necessary to leave materials and equipment upon the highway they shall be placed so as to cause the least possible obstruction to drainage, pedestrians and other travel. When the work in any way affects the operation, management, maintenance, business or traffic on any railroad, such work shall be carried on in a manner satisfactory to the said railroad; but all orders, directions or instructions to the Contractor relative to work under the Contract will be issued only by the Engineer of the Department. The Contractor shall use all possible vigilance in order effectively to guard against all accidents or damages on the railroad due to their work, and the Contractor shall at all times during the progress of the work so manage and execute the same as to cause the least possible interference with the operation, management, business or traffic of the railroad. Work is restricted to a normal 8 -hour day, 5 -day week, with the Contractor and all Subcontractors working on the same shift. No work shall be done on Saturdays, Sundays, holidays, or the day before or after a holiday without prior approval of the Engineer. Trenches shall not be opened in traveled ways until all materials and equipment required for the work are at the site and available for immediate use. When work is not in progress trenches in areas subject to public travel shall be covered with steel plates capable of safely sustaining an HS20 Loading with 33% impact. The work at each trench shall be practically continuous, with the placing of conduit and piping, backfilling and patching of the surface closely following each preceding operation. At the end of each working day where trenches in areas of public travel are covered with steel plates, each edge of such plates shall either be beveled or protected by a ramp with a slope of 2 ft horizontally to 1 in. vertically. Temporary patching material for the ramps shall meet the requirements of Section 472 Hot Mix Asphalt for Miscellaneous Work. The cost of necessary patching materials, and their maintenance and removal, will be considered incidental to the item involved, with no separate payment. Pending installation of castings, all structures in travel ways or deemed hazardous by the Engineer shall be protected with suitable covers (steel plates or equal) capable of withstanding a 36.5 -ton truckload with impact. The cost o f covers or plates will be considered incidental to the item involved with no separate payment. Subsection 7.10: Traffic Management Plan The Contractor shall submit a Traffic Management Plan to the Department This Plan shall include: Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.54 202 4 Edition • Contact information for the person(s) responsible for the implementation, oversight, and quality control of the Traffic Management Plan. • Temporary Traffic Control Plans for all phases of construction. • Detour Plans (if applicable). • Public Involvement and Communication Plan (if required by Special Provision). No work impacting traffic shall commence until the Traffic Management Plan has been approved by the Department. Temporary Traffic Control Plans (TTCP) The TTCP shall consist of plans depicting the location of all temporary traffic control devices, including but not limited to: channelization devices, barricades, signs, pavement markings, lighting, traffic signals, flashing lights, temporary barrier, temp orary attenuators, truck or trailer mounted attenuators, flashing arrow boards, portable changeable message signs, work zone ITS equipment, temporary portable rumble strips, Roadway Flaggers, and Traffic Officers. Specialized short -term conditions such as rolling roadblocks or road/ramp closures lasting for less than 24 hours will also require individual TTCPs. The TTCP shall also include, as needed, a description or plan of Contractor access and egress to and from the work zones, staging areas and material stockpile and equipment laydown areas. See Subsection 6.03 for material stockpile requirements. For each phase of construction, the Contractor may choose to use: • the TTCPs included in the Contract Documents (if provided), • MassDOT Construction Standard Details, • a separate TTCP design from the Contractor, • or a combination thereof. The Contractor shall identify the TTCPs they will use in their project TMP Submission, including the use of the Contract specified TTCPs or Construction Standard Detail s. All Contractor proposed TTCPs must be approved by MassDOT prior to implementation. Any TTCP design that varies from the Contract Documents or the Construction Standard Detail s shall be stamped and signed by a Professional Engineer registered in Massachusetts. Detour Plans Detour Plans shall be required if access for motor vehicles, heavy vehicles, bicyclists, or pedestrians is temporarily restricted and an alternate route is necessary. Detour plans shall show locations of barricades, signs, portable changeable message signs , and other temporary traffic control devices that are needed to provide directional information to the affected road user(s). All pedestrian detours shall be on ADA and AAB compliant routes. Any pedestrian detour plans shall be stamped and signed by a Professional Engineer registered in Massachusetts. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.55 202 4 Edition Public Involvement and Communication Plans Public Involvement and Communication Plans shall be required as noted in the contract Special Provisions. These plans shall include outreach measures and notification to the public to increase awareness of pending traffic impacts. Additional Contractor Duties The Contractor shall maintain all temporary traffic control devices erected or installed as a part of the approved Traffic Management Plan. The Contractor shall furnish staff that will oversee all components of the approved Traffic Management Plan. All costs associated with the development, submission and implementation of the Traffic Management Plan shall be incidental to the Contract. Subsection 7.11: Traffic Officers and Railroad Flagging Service The Contractor shall provide such police officers as the Engineer deems necessary for the direction and control of traffic within the site. Such officers shall wear regulation policemen’s uniforms and reflectorized safety vests meeting the requirements of ANSI 107, Class 3. They may be reserve, special, or regular officers not subject to the control of the Contractor. Compensation for the services of said police officers will be paid by the Contractor to their employers, subject to all rules and regulations, ordinances, or by -laws in effect in the city or town in which the work is being performed. The Department shall pay the same hourly rate as the municipality in which they are working pays its police for similar work on the municipality’s projects as set by the municipality’s collective bargaining agreement. The Department shall not pay any administrative charges charged by the municipality in association with the police costs. The Department will pay the Contractor for all police officers approved by the Department. Within two weeks from the issuance of payment by the Department for police costs, the Contractor shall submit proof that payment has been made to the police department. Failure of the Contractor to provide proof of payment within the two -week period will result in the following: (a) the removal of the prior payment from the subsequent estimate; and (b) all future payments will be made on a reimbursement basis, based upon the receipt of a cancelled check. If any of the work required to be done by the Contractor may obstruct the tracks of a railroad or in any way endanger the operation of its trains, and the services of a flagger or flaggers or other railroad employees are required by the Chief Engineer of the railroad company and personnel are assigned by that Chief Engineer for the protection of the property and traffic of the Railroad against hazards, the cost of all such flagging services will be paid by the Contractor to their employers, subject to the rules and regulations of the railroad company. The Department will only pay the Contractor for the costs of flaggers in the same manner as described above for police officers. The Department shall not pay any administrative charges associated with the costs of flaggers charged by the railroad nor shall the Department pay charges for debit accounts if such accounts are required by the railroad. Subsection 7.12: Use of Explosives When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life and property including new work and whenever Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.56 202 4 Edition directed, the number and size of the charges shall be reduced. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in conformance with all the State laws and regulations , as well as any local requirements; and all such storage places shall be marked “Dangerous – Explosives.” The Contractor shall be required to conform to the regulations of the Massachusetts Department of Public Safety concerning storage, handling and use of explosives. Prior to start of the blasting, the Contractor shall give at least a24 -hour notice and a schedule of their operations thereof to the operating official, company, or companies, leasing, owning or responsible for pipes, conduits, poles, wires, railroad tracks, or any other public or private utility which may be endangered by the blasting in order that a representative of said owner or lessee may be present at the site. The Contractor shall take proper precaution to prevent injury to said properties during all blasting operations. Subsection 7.13: Protection and Restoration of Property The Contractor shall, at their own expense, preserve and protect from injury all property either public or private along and adjacent to the proposed work, and they shall be responsible for and repair at their own expense any and all damage and injury thereto, arising out of or in consequence of any act of omission, neglect or misconduct in the execution of the work, or in consequence of the non- execution thereof by the Contractor or their employees or Subcontractors in the performance of the work covered b y the Contract prior to completion and acceptance thereof. The Contractor shall exercise special care during their operations to avoid injury to underground structures such as water or gas mains, pipes, conduits, manholes, catch basins, etc. The Contractor shall maintain all drainage systems in the project areas to provide continual drainage of the travelways and construction area. All pipes and structures installed as part of this Contract shall be left in a clean and operable condition at th e completion of the work. Written notice shall be given by the Contractor to all public service corporations or officials owning or having charge of public or private utilities of their intention to commence operations affecting such utilities at least 48 hours (exclusive of Saturdays, Sundays and legal holidays) in advance of the start of such operations in accordance with Chapter 82 , Section 40 of the General Laws, as amended, and the Contractor shall at the same time file a copy of said notice with the Engineer. Although the plans may indicate the approximate location of existing subsurface utilities in the vicinity of the work, the accuracy and completeness of the information is not guaranteed by the Department. The Contractor shall notify Massachusetts DIG SAFE and procure a Dig Safe Number for each location prior to disturbing existing ground in any way. Contact the Dig Safe Call Center by dialing 811 or 1- 888 -344 -7233 or online at www.digsafe.com. The Contractor shall make an investigation in order to assure that no damage to existing structures, drainage lines, traffic signal conduits, etcetera, will occur. Live services shall not be interrupted until new services have been provided. All abandoned services shall be plugged or otherwise made secure. The Contractor shall receive no extra compensation for such work unless said compensation is authorized in writing by the Engineer, as specified under Subsection 4.03: Extra Work for Extra Work, (except test pits as directed to be made in order to locate existing underground structures). Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.57 202 4 Edition If the Contractor wishes to have any utilities temporarily relocated for their convenience other than contemplated by the Department, they shall make the necessary arrangement with the owners and make reimbursement for the cost thereof at their own expense. Land monuments and property marks shall be carefully protected and if necessary to remove the same, the Contractor shall do so only at the Engineer's direction and after an authorized agent has witnessed or otherwise referenced their location. T he Contractor shall not injure or remove trees or shrubs without proper authority. Insofar as possible the Contractor shall confine their movements and operations to the area within the limits of the location and the area outside the scope of the work shall not be disturbed except as directed. The Contractor's attention is directed to Chapter 231 of the Acts of 1977 which stipulates that, surveyors of highways, road commissioners, or any other person; agency, or authority responsible for road or highway repairs shall notify the Massachusetts Bay Transportation Authority not later than forty -eight hours prior to the repair, construction or reconstruction of any road or highway used by said Authority in the operation of regular route service if such repairs, construction or reconstruction shall pro hibit the operation of regular route service by the Authority over such road or highway. The Contractor shall adhere to all requirements established by Occupational Safety and Health Administration and take all necessary precautions for the protection of personnel and equipment. The bidders attention is directed to the Code of Federal Regulations Part 1926 - Safety and Health Regulations for Construction , Subpart CC, 1926.1408 Power line safety (up to 350 kV) --equipment operations which establishes the minimum clearance between the lines and any part of the crane or load. If the voltage is unkn own the minimum clearance is 20 ft . If the line is known to be rated 50 KV or below the minimum clearance is 10 ft . For higher voltages consult the above referenced subsection. For protection of personnel and equipment, the Contractor should be aware of this regulation especially during paving operations using dump trucks . Subsection 7.14: Responsibility for Damage Claims The Contractor shall indemnify, defend, and save harmless the Commonwealth, the Department, the Municipality, and all of its offices, agents, and employees from and against all claims, damages, losses, and expenses, including attorney’s fees, for or on account of any injuries to persons or damages to property arising out of or in consequence of the acts of the Contractor in the performan ce of the work covered under the contract or failure to comply with the terms and conditions of said contract, and is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone indirectly employed by any of the m 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. The Contractor will be held responsible for any and all claims for damage to underground structures such as, but not restricted to, water or gas mains, pipes, conduits, manholes or catch basins, due to their operation or to the operations of any of their Subcontractors. The Contractor's attention is directed to the provisions of General Laws, Chapter 30, Section 39H as amended. In accordance therewith, the Commonwealth agrees to indemnify the Contractor against loss by reason of the liability to pay damages to others for entry upon any land included within the boundaries of the area within which the work is to be performed as set forth in the construction Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.58 202 4 Edition Contract and the plans and specifications applying to such Contract or any approved changes thereof or for damage sustained upon any lands adjoining said land by reason of the flowage or drainage of water thereto or therefrom. In any case wherein such dama ges result from the failure of the Commonwealth to take an interest or easement in such adjoining area, provided that the Commonwealth acting by an authorized representative thereof has issued a notice in writing to the Contractor prior to the making of an entry upon such premises directing or permitting them to proceed with their Contract and to make such entry upon the premises for the purpose of performing the work required by said Contract, or any approved alteration thereof, and provided, further, that the Contractor has given notice in writing to the contracting authority wit hin 15 days after receiving notice of any claim to come in and settle the same and upon the commencement of any action against them to come in and defend said action, but in no event shall any such damage claim be compromised or adjusted without the written consent of the Commonwealth. The provisions of this section shall in no way relieve the Contractor from any liability for damage to property of others caused by their negligence or that of their employees nor shall they be construed to require the Commonwealth to indemnify the Contractor against any loss resulting from such acts of negligence. Subsection 7.15: Claims Against Contractors for Payment of Labor, Materials and Other Purposes The Contractor shall pay all bills for labor, materials, rental of equipment and for such other purposes as are more specially set forth in Chapter 149, Section 29 and Chapter 30, Section 39A, General Laws, and all amendments thereto. It is understood that the Payment Bond required by Subsection 3.04, Paragraph B, is the sole security for petitions brought pursuant to said sections. The Contractor and Party of the First Part shall also comply with the provisions of Chapter 30, Section 39F and G. Chapter 149, Section 29, of the General Laws as amended reads as follows: “ Officers or agents contracting in behalf of the Commonwealth or in behalf of any county, city, town, district or other political subdivision of the Commonwealth or other public instrumentality for the construction, reconstruction, alteration, remodeling, repair or demolition of public buildings or other public works when the amount of the Contract in the case of the Commonwealth is more than five thousand dollars, and in any other ca se is more than two thousand dollars, shall obtain security by bond in an amount not less than one half of the total contract price, for payment by the Contractor and Subcontractors for labor performed or furnished and materials used or employed therein, including lumber so employed which is not incorporated therein and is not wholly or necessarily consumed or made so worthless as to lose its identity, but only to the extent of its purchase price less its fair salvage value, and including also any material specially fabricated at the order of the Contractor or Subcontractor for use as a component part of said public building or other public work so as to be unsuitable for use elsewhere, even though such material has not been delivered and incorporated into t he public building or public work, but only to the extent of its purchase price less its fair salvage value and only to the extent that such specially fabricated material is in conformity with the Contract, plans and specifications or any changes therein d uly made; for payment of transportation charges for materials used or employed therein which are consigned to the Contractor or to a Subcontractor who has a direct contractual relationship with the Contractor; for payment by such Contractor and Subcontract ors of any sums due for the rental or hire of vehicles, steam shovels, rollers propelled by steam or other power, concrete mixers, tools and other Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.59 202 4 Edition appliances and equipment employed in such construction, reconstruction, alteration, remodeling, repair or demolition; for payment of transportation charges directly related to such rental or hire; and for payment by such Contractor and Subcontractors of an y sums due trustees or other persons authorized to collect such payments from the Contractor or Subcontractors, based upon the labor performed or furnished as aforesaid, for health and welfare plans, supplementary unemployment benefit plans and other fring e benefits which are payable in cash and provided for in collective bargaining agreements between organized labor and the Contractor or Subcontractors; provided, that any such trustees or other persons authorized to collect such payments for health and welfare plans, supplementary unemployment benefit plans and other fringe benefits shall, subject to the following provisions, be entitled to the benefit of the security only in an amount based upon labor performed or furnished as aforesaid for a maximum of tw o hundred and forty consecutive calendar days. “In order to obtain the benefit of such bond for any amount claimed, due and unpaid at any time, any claimant having a contractual relationship with the Contractor principal furnishing the bond, who has not been paid in full or any amount claimed due for th e labor, materials, equipment, appliances or transportation included in the paragraph (1) coverage within sixty -five days after the due date for same, shall have the right to enforce any such claim (a) by filing a petition in equity within one year after the day on which such claimant last performed the labor or furnished the labor, materials, equipment, appliances or transportation included in the claim and (b) by prosecuting the claim thereafter by trial in the superior court to final adjudication and ex ecution for the sums justly due the claimant as provided in this section. “Any claimant having a contractual relationship with a Subcontractor performing labor or both performing labor and furnishing materials pursuant to a Contract with the general Contractor but no contractual relationship with the Contractor principal furnishi ng the bond shall have the right to enforce any such claim as provided in subparagraphs (a) and (b) of paragraph (2) only if such claimant gives written notice to the Contractor principal within sixty -five days after the day on which the claimant last per formed the labor or furnished the labor, materials, equipment, appliances or transportation included in the paragraphs (1) coverage, stating with substantial accuracy the amount claimed, the name of the party for whom such labor was performed or such labor , materials, equipment, appliances or transportation were furnished; provided, that any such claimant shall have the right to enforce any part of a claim covering specially fabricated material included in the paragraph (1) coverage only if such claimant has given the Contractor principal written notice of the placement of the order and the amount thereof not later than twenty days after receiving the final approval in writing for the use of the material. The notices provided for in this paragraph (3) shall be served by mailing the same by registered or certified mail postage prepaid in an envelope addressed to the Contractor principal at any place at which the Contractor principal maintains an office or conducts their business, or at the Contractor principal's residence, or in any manner in which civil process may be served. “Upon motion of any party, the court shall advance for speedy trial a petition to enforce a claim pursuant to this section. Sections fifty -nine and fifty- nine B of Chapter two hundred thirty -one shall apply to petitions to enforce claims pursuant to this se ction. The court shall enter an interlocutory decree upon which execution shall issue for any part of a claim found due pursuant to said Sections fifty -nine or fifty -nine B and shall, upon motion of any party, advance for speedy trial the petition to enfo rce the remainder of the claim. Any party aggrieved by such interlocutory decree shall have the Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.60 202 4 Edition right to appeal therefrom as from a final decree. The court shall not consolidate for trial the petition of any claimant under this section with the petition of one or more other claimants on the same bond, unless the court finds that a substantial portion of the evidence of the same events during the course of construction (other than the fact that the claims sought to be consolidated arise under the same general Contract) is applicable to the petitions sought to be consolidated, and that such consolidatio n will prevent unnecessary duplication of evidence. “The court shall not dismiss any petition on the ground that it was filed before the sixty -fifth day after the day the claimant last performed the labor or furnished the labor, materials, equipment, appliances or transportation included in the claim, nor sh all the court dismiss -any petition on the ground that a claim involves more than one Contract with the same party and that the one year period has elapsed as to any one Contract; provided, that the court shall not enter a decree upon any claim or part the reof prior to the seventieth day after the day the claimant last performed the labor or furnished the labor, materials, equipment, appliances or transportation included in the claim. “A decree in favor of any claimant under this section shall include reasonable legal fees based upon the time spent and the results accomplished as approved by the court and such legal fees shall not in any event be less than published rate of any recommend ed fee schedule of a state -wide bar association or of a bar association in which the office of counsel for claimant is located, whichever is higher. “Any person employing persons on any public works hereinbefore referred to shall post conspicuously, at such place or places as will provide reasonable opportunity for all employees to read the same, a correct copy of this section. The Department shall enforce this paragraph. (Refers to the Department of Labor and Industries). ” In conformity with the requirements of Chapter 30, Section 39F of the General Laws, as amended, the following is quoted from Chapter 30, Section 39F. “(1) Every contract awarded pursuant to sections forty -four A to L , inclusive, of chapter one hundred and forty -nine shall contain the following subparagraphs (a) through ( i) and every contract awarded pursuant to section thirty- nine M of chapter thirty shall contain the following subparagraphs (a) through (h) and in each case those subparagraphs shall be binding between the general contractor and each subcontractor. “(a) Forthwith after the general contractor receives payment on account of a periodic estimate, the general contractor shall pay to each subcontractor the amount paid for the labor performed and the materials furnished by that subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor. “(b) Not later than the sixty -fifth day after each subcontractor substantially completes his work in accordance with the plans and specifications, the entire balance due under the subcontract less amounts retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be due the subcontractor; and the awarding authority shall pay that amount to the general contractor. The general contractor shall forthwith pay to the subcontractor the full amount received from the awarding authority less any amount specified in any court proceedings barring such Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.61 202 4 Edition payment and also less any amount claimed due from the subcontractor by the general contractor. “(c) Each payment made by the awarding authority to the general contractor pursuant to subparagraphs (a) and (b) of this paragraph for the labor performed and the materials furnished by a subcontractor shall be made to the general contractor for the account of that subcontractor; and the awarding authority shall take reasonable steps to compel the general contractor to make each such payment to each such subcontractor. If the awarding authority has received a demand for direct payment from a subcontractor f or any amount which has already been included in a payment to the general contractor or which is to be included in a payment to the general contractor for payment to the subcontractor as provided in subparagraphs (a) and (b), the awarding authority shall act upon the demand as provided in this section. “(d) If, within seventy days after the subcontractor has substantially completed the subcontract work, the subcontractor has not received from the general contractor the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, the subcontractor may demand direct payment of that balance from the awarding au thority. The demand shall be by a sworn statement delivered to or sent by certified mail to the awarding authority, and a copy shall be delivered to or sent by certified mail to the general contractor at the same time. The demand shall contain a detailed breakdown of the balance due under the subcontract and also a statement of the status of completion of the subcontract work. Any demand made after substantial completion of the subcontract work shall be valid even if delivered or mailed prior to the seventieth day after the subcontractor has substantially completed the subcontract work. Within ten days after the subcontractor has delivered or so mailed the demand to the awarding authority and delivered or so mailed a copy to the general contractor, the general contractor may reply to the demand. The reply shall be by a sworn statement delivered to or sent by certified mail to the awarding authority and a copy shall be delivered to or sent by certified mail to the subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor and of the amount due for each claim made by the general contractor against the subcontractor . “(e) Within fifteen days after receipt of the demand by the awarding authority, but in no event prior to the seventieth day after substantial completion of the subcontract work, the awarding authority shall make direct payment to the subcontractor of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount (i) retained by the awarding authority as the estimated cost of completing the incomplete or unsatisfactory items o f work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the general contractor in the sworn reply; provided that the awarding authority shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d). The awarding authority shall make further direct payments to the subcontractor forthwith after Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.62 202 4 Edition the removal of the basis for deductions from direct payments made as provided in parts (i) and (ii) of this subparagraph. “(f) The awarding authority shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (e) in an interest -bearing joint account in the names of the general contractor and the subcontractor in a bank in Massachusetts selected by the awarding authority or agreed upon by the general contractor and the subcontractor and shall notify the general contractor and the subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the a mount in the account including accrued interest, as provided in an agreement between the general contractor and the subcontractor or as determined by decree of a court of competent jurisdiction. “(g) All direct payments and all deductions from demands for direct payments deposited in an interest bearing account or accounts in a bank pursuant to subparagraph (f) shall be made out of amounts payable to the general contractor at the time of receipt of a demand for direct payment from a subcontractor and out of amounts which later become payable to the general contractor and in the order of receipt of such demands from subcontractors. All direct payments shall discharge the obligation of the awarding authority to the general contractor to the extent of such payment. “(h) The awarding authority shall deduct from payments to a general contractor amounts which together with the deposits in interest -bearing accounts pursuant to subparagraph (f) are sufficient to satisfy all unpaid balances of demands for direct payment received from subcontractors. All such amounts shall be earmarked for such direct payments. and the subcontractors shall have a right in such deductions prior to any claims against such amounts by creditors of the general contractor. “(i) If the subcontractor does not receive payment as provided in subparagraph (a) or if the general contractor does not submit a periodic estimate for the value of the labor or materials performed or furnished by the subcontractor and the subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (a), the subcontractor may demand direct payment by following the procedure in subparagraph
d.and the general contractor may file a sworn reply as provided in that same subparagraph. A demand made after the first day of the month following that for which the subcontractor performed or furnished the labor and materials for which the subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a periodic estimate from the general contractor. Thereafter the awarding authority shall proceed as provided in subparagraph (e), ( f), (g), and (h).” Chapter 30, Section 39G, of the General Laws, as amended, reads as follows: “Upon substantial completion of the work required by a contract with the commonwealth, or any agency or political subdivision thereof, for the construction, reconstruction, alteration, remodeling, repair or improvement of public ways, including bridges and other highway structures, sewers and, water mains, airports and other public works, the contractor shall present in writing to the awarding authority its certification that the work has been substantially completed. Within twenty -one days thereafter, the awarding authority shall present to the contractor either a written declaration that the work has been Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.63 202 4 Edition substantially completed or an itemized list of incomplete or unsatisfactory work items required by the contract sufficient to demonstrate that the work has not been substantially completed. The awarding authority may include with such list a notice setting forth a reasonable time, which shall not in any event be prior to the contract completion date, within which the contractor must achieve substantial completion of the work. In the event that the awarding authority fails to respond, by presentation of a written declaration or itemized list as aforesaid, to the contractor's certification within the twenty -one day period, the contractor's certification shall take effect as the awarding authority's declaration that the work has been substantially completed. “Within sixty -five days after the effective date of a declaration of a substantial completion, the awarding authority shall prepare and forthwith send to the contractor for acceptance a substantial completion estimate for the quantity and price of the work done and all but one per cent retainage, if held by the awarding authority, on that work, including the quantity, price and all but one per cent retainage, if held by the awarding authority, for the undisputed part of each work item and extra work item in dispute but excluding the disputed part thereof, less the estimated cost of completing all incomplete and unsatisfactory work items and less the total periodic payments made to date for the work. The awarding authority also shall deduct from the substantial completion estimate an amount equal to the sum of all demands for direct payment filed by subcontractors and not yet paid to subcontractors or deposited in joint accounts pursuant to section thirty -nine F, but no contract subject to said section thirty -nine F shall contain any other provision authorizing the awarding authority to deduct any amount by virtue of claims asserted against the contract by subcontractors, material suppliers or others. “If the awarding authority fails to prepare and send to the contractor any substantial completion estimate required by this section on or before the date herein above set forth, the awarding authority shall pay to the contractor interest on the amount which would have been due to the contractor pursuant to such substantial completion estimate at the rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank of Boston from such date to the date on which the awarding au thority sends that substantial completion estimate to the contractor for acceptance or to the date of payment therefor, whichever occurs first. The awarding authority shall include the amount of such interest in the substantial completion estimate. “Within fifteen days after the effective date of the declaration of substantial completion, the awarding authority shall send to the contractor by certified mail, return receipt requested, a complete list of all incomplete or unsatisfactory work items, and, unless delayed by causes beyond his control, the contractor shall complete all such work items within forty -five days after the receipt of such list or before the then contract completion date, whichever is later. If the contractor fails to complete such work within such time, the awarding authority may, subsequent to seven days' written notice to the contractor by certified mail, return receipt requested, terminate the contract and complete the incomplete or unsatisfactory work items and charge the cost of same to the contractor. “Within thirty days after receipt by the awarding authority of a notice from the contractor stating that all of the work required by the contract has been completed, the awarding authority shall prepare and forthwith send to the contractor for acceptance a final estimate Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.64 202 4 Edition for the quantity and price of the work done and all retainage, if held by the awarding authority, on that work less all payments made to date, unless the awarding authority's inspection shows that work items required by the contract remain incomplete or unsatisfactory, or that documentation required by the contract has not been completed. If the awarding authority fails to prepare and send to the contractor the final estimate within thirty days after receipt of notice of completion, the awarding authority shall pay to the contractor interest on the amount which would have been due to the contractor pursuant to such final estimate at the rate hereinabove provided from the thirtieth day after such completion until the date on which the awarding authority sends the final estimate to the contractor for acceptance or the date of payment therefor, whichever occurs first, provided that the awarding authority's inspection shows that no work items required by the contract remain incomplete or unsatisfactory. Interest shall not be paid hereunder on amounts for which interest is required to be paid in connection with the substantial completion estimate as hereinabove provided. The awarding authority shall include the amount of the interest required to be paid hereunder i n the final estimate. “The awarding authority shall pay the amount due pursuant to any substantial completion or final estimate within thirty -five days after receipt of written acceptance for such estimate from the contractor and shall pay interest on the amount due pursuant to such estimate at the rate hereinabove provided from that thirty -fifth day to the date of payment. “Within 15 days, 30 days in the case of the commonwealth, after receipt from the contractor, at the place designated by the awarding authority, if such place is so designated, of a periodic estimate requesting payment of the amount due for the preceding per iodic estimate period, the awarding authority shall make a periodic payment to the contractor for the work performed during the preceding periodic estimate period and for the materials not incorporated in the work but delivered and suitably stored at the site, or at some location agreed upon in writing, to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the materials are free from all encumbrances. The awarding authority shall include with each such payment interest on the amount due pursuant to such periodic estimate at the rate herein above provided from the due date. In the case of periodic payments, the contracting authority may deduct from its payment a retention based on its estimate of the fair value of its claims against the contractor, a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty -nine F, and a retention to secure satisfactory performance of the contractual work not exceeding five per cent of the approved amount of any periodic payment, and the same right to retention shall apply to bonded subcontra ctors entitled to direct payment under section thirty- nine F of chapter thirty; provided, that a five per cent value of all items that are planted in the ground shall be deducted from the periodic payments until final acceptance. “No periodic, substantial completion or final estimate or acceptance or payment thereof shall bar a contractor from reserving all rights to dispute the quantity and amount of, or the failure of the awarding authority to approve a quantity and amount of, all or part of any work item or extra work item. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.65 202 4 Edition “Substantial completion, for the purposes of this section, shall mean either that the work required by the contract has been completed except for work having a contract price of less than one per cent of the then adjusted total contract price, or substantially all of the work has been completed and opened to public use except for minor incomplete or unsatisfactory work items that do not materially impair the usefulness of the work required by the contract. ” Subsection 7.16: Claims of Contractor for Compensation No person or corporation, other than the signer of the Contract as Contractor, now has any interest hereunder, and no claim shall be made or be valid; and neither the Department nor any member, agent or employee thereof, shall be liable for, or be held to pay, any money except as provided in Subsection 4.02: Alterations , Subsection 4.03: Extra Work , Subsection 4.04: Changed Conditions , Subsection 4.06: Increased or Decreased Contract Quantities , and Subsection 9.02: Scope of Payments of these Specifications and Clause 3 of the Contract. All disputes between the Contractor and the Department shall be resolved as provided by this subsection. At all times during the claims review process or any subsequent administrative or court proceeding, the Contractor shall proceed with the Work diligently, without delay, in accordance with the Contract, and as directed by the Department. In addition, all p arties shall continue to comply with all provisions of the Contract documents.
A.Contractor Claims Submission to the Department (Step 1) Notice of Claim All claims of the Contractor for compensation other than as provided for in the Contract on account of any act of omission or commission by the Department or its agents must be made in writing to the Engineer within 7 days after the beginning of any work or the sustaining of any damage on account of such act. The Contractors written notice to the Engineer shall contain the following:
1.a description of the nature of the work performed or damage sustained
2.the time and date the event was first identified
3.the location of the impacted work
4.the Contractual basis for the Contractor’s claim Itemized Statement of Claim The Contractor shall within 30 days after the beginning of any work or the sustaining of any damage on account of such act shall submit to the Engineer an itemized statement containing the following:
1.a detailed description of the Work claimed and sequence of events and location
2.a breakdown of actual costs and damages sustained including all supporting documentation
3.a Time Entitlement Analysis, if the Contractor is claiming for an extension of Contract time Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.66 202 4 Edition If the work to be claimed is not completed within the initial 30 days, the Contractor shall submit on a monthly basis the actual costs to -date and an estimated cost to complete. Upon completion of the work a final actual cost shall be submitted in 30 days. All costs shall be prepared and submitted in accordance with Subsection 9.03: Payment for Extra Work . Any costs associated with the preparation, negotiation, litigation and/or settlement of the claim are not allowable. Unless such notice and statement shall be made as required, any claim for compensation or additional time shall be forfeited and invalidated, and the Contractor shall not be entitled to payments on account of any such work or damage. Such notice by the Contractor and the keeping of costs by the Engineer shall not in any way be construed as providing the validity of the claim. The provisions of this paragraph shall not apply to changes in quantities as provided under Subsection 4.06: Increased or Decreased Contract Quantities or to Extra Work ordered by the Engineer in writing. On the basis of information provided in writing by their own employees, servants, or agents the Contractor will be required to certify, in writing, that the work for which the Contractor is claiming payment, other than as provided for in the Contract, is work actually performed, and the costs as shown are the amounts legally due for performing such work for which payment is claimed. Upon receipt of a Notice of Claim and itemized statement of costs, the Department and Contractor shall attempt to resolve the issue(s) presented through a review of the materials submitted, and an evaluation of the contract documents. After a complete review, the Department will issue a written decision on the Contractor’s claim.
B.Construction Claims Committee Determination (Step 2) Within 14 Days after the receipt date of the Department’s written decision denying a claim, the Contractor may file a request with the Chief Engineer for a hearing before the Department’s Claims Committee. The Contractor shall also provide any additional i nformation, at the Department's request, that the Department’s Claims Committee determines is necessary for its evaluation of the claim. The Contractor’s claim information must be enhanced to include sufficient description and information to enable underst anding by a third party who has no knowledge of the dispute or familiarity with the Project and this documentation must also include a description of the efforts undertaken to resolve the dispute. The Contractor shall present the claim to the Claims Committee at a meeting to be scheduled after the filing of the request. After the meeting, the Chief Engineer will provide to the Contractor a written determination on each claim.
C.Appeal to the Administrative Law Judge (Step 3) The determination of the Engineer may be appealed to the Department’s Administrative Law Judge as established in MGL Ch apter 6C, Section 40, as amended. The appeal shall set forth the contract number, city or town project is in, the name and address of the Contractor, the amount of the claim (and breakdown of how the amount was computed), a clear, concise statement of the specific determination being appealed, including the reasons for appealing the determination and shall be signed by the Contractor. The Office of the Administrative Law Judge Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.67 202 4 Edition shall record the date and time any such appeal is received, shall keep the appeal on record, and schedule the appeal for a hearing before the Administrative Law Judge. At any time after the determination by the Claims Committee, the Contractor at its sole discretion may appeal the Claims Committee’s determination to the Superior Court Department of the Commonwealth of Massachusetts in the County of Suffolk for further consideration. The Contractor agrees that either on appeal of a decision from the Department’s Administrative Law Judge or on direct appeal, the exclusive jurisdiction and venue for any legal action or proceeding, at Law or in equity, arising out of or relat ing to the Contract Documents or the Project, shall be the Superior Court Department of the Commonwealth of Massachusetts in the County of Suffolk. The Contractor waives all objections it might have to the jurisdiction or venue of such court and hereby consents to such jurisdiction, regardless of the Contractor’s residence or domicile, for any such action or proceeding. This Subsection does not relieve the Contractor’s obligation to submit the Dispute to Superior Court within the applicable statutes of limi tations or repose and the Department does not hereby waive its rights to assert defenses based upon such statutes. Interest on judgments for Contractor claims filed with the Superior Court of Massachusetts shall be calculated pursuant to the provisions of MGL Chapter 231, Section 6I from the date of the breach or demand. If the date of the breach or demand is not established, such interest shall be calculated from the date of the commencement of the action. Throughout the course of any work that is the subject of any claim the Contractor shall keep complete records of the extra costs and time incurred related to the claim. These records shall be retained for a period of not less than 7 years from the date of resolution of the claim. The acceptance by the Contractor of the final payment made under the provisions of Subsection 9.05: Final Acceptance and Final Payment shall operate as and shall be a release to the Department and every member, agent and employee thereof, from all claim and liability to the Contractor for anything done or furnished for, or relating to, the work, or for any act or neglect of the Departmen t or of any person relating to or affecting the work, except the claim against the Department for the remainder, if any there be, of the amounts kept or retained as provided in Subsection 7.15: Claims Against Contractors for Payment of Labor, Materials and Other Purposes . For claims for extensions of time see Subsection 8.10: Determination and Extension of Contract Time for Completion (Time Extensions) . Subsection 7.17: Traffic Accommodation Any portion of the work which is in an acceptable condition for travel may be opened for traffic as directed in writing by the Engineer, but such opening for traffic shall not be construed as an acceptance of the work or part thereof, nor shall it act as a waiver of any of the provisions of these specifications or of the Contract; provided, however, that on such portions of the project as are opened for use of traffic, the Contractor shall not be required to assume any expense entailed in maintaining the ro adway for traffic. The Party of the First Part will be responsible for maintenance and any damage to the work caused solely by traffic on any portion of the project which has been opened to public travel as stipulated above, and it may order the Contractor to repair or replace such damage, whereupon the Contractor shall make such repairs at contract unit prices so far as the same are applicable, or as Extra Work under the provisions of Subsection 4.03: Extra Work if there are no applicable items in the Contract. Any damage to the highway not attributable to traffic which might occur on such section, shall be repaired by the Contractor at their expense. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.68 202 4 Edition No hauling or other traffic shall be permitted over any portions of the work unless so authorized by the Engineer. If the Contractor is dilatory in completing shoulders, drainage structures or other features of the work, the Engineer may order all or a portion of the project open to traffic, but in such event the Contractor shall not be relieved of their liability and responsibility during the period the work is so opened prior to final acceptance. The Contractor shall conduct the remainder of their construction operations so as to cause the least obstruction to traffic. Where the new construction coincides with the present traveled way, the Engineer may order the installation of various items of work for safety and convenience of the public due to the highway being open to traffic. The Party of the First Part will be resp onsible for damage to the following items of work caused solely by traffic on any portion of the project which is open to public travel and on which these items of work have been ordered to be installed and partial acceptance made thereof by the Engineer u nder the terms and conditions stated below.
1.Guard Rail
2.Metal Bridge Railing
3.Traffic Signal Systems
4.Highway Lighting
5.Traffic Attenuators
6.Traffic Signs If the person or persons causing the damage has been identified, the Contractor shall be responsible for recovering the cost of such repair or replacement from that person or their insurance company. No additional unit price or extra work payment will be made by the Party of the First Part unless the Contractor has been unable to recover the full repair of replacement cost from said person or their insurance company. The Party of the First Part may order the Contractor to repair or replace such damage, whereupon the Contractor shall make such repairs at contract unit prices so far as the same are applicable or as Extra Work under the provisions of Subsection 4.03: Extra Work if there are no applicable items of work in the Contract. Any damage not attributable to traffic which might occur on such traveled way shall be repaired by the Contractor at their own expense. Subsection 7.18: Contractor’s Responsibility for the Work Until written acceptance of the physical work by the Chief Engineer, the Contractor shall assume full charge and care thereof and the Contractor shall take every necessary precaution against injury or damage to the work by action of the elements, or from any cause whatever, whether arising from the execution or the non -execution of the Contract, and especially when blasting is to be done. The Contractor shall bear all losses resulting to them on account of the amount or the character of the work or because the nature of the land in or on which the work is done is different from what was estimated or expected, or on account of the weather elements or other causes (except as stated in Subsection 4.04: Changed Conditions ). The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before the completion and written acceptance of the physical work, and shall bear the expense thereof, except damage to the work due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing, to “Acts of God” (limited to hurricane, tornado, cyclone and Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.69 202 4 Edition earthquake as classified by the National Weather Service for the particular locality and for the particular season of the year, and in addition thereto, damages resulting directly from flooding from any of the aforementioned “Acts of God”). The repair of such damages shall be done by the Contractor and paid for at the respective contract unit prices for the quantity and items of work involved. In any case in which the estimate for replacing such work or repairing such damage caused by war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to the foregoing, or an “Act of God” combined with any previously authorized Extra Work results in a change of such magnitude as to be incompatible with competitive bid status, the Department reserves the right to terminate the Contract and to call for new bids and award a new Contract for such work. In the event any Contract is terminated for such reason the Department shall pay the Contractor such sum as may be d ue for work performed up to the date of the “Act of God”, or of damage directly due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing and shall also take over and pay for any material stored at site of the work provided said material was intended to be and could have been incorporated into the work; the Department shall also take over and pay for any material which was being especially fabricated for incorporation into the work, provided, however, that as a condition precedent to the Department's liability for such material, the Contractor is legally liable therefor and the material was intended to be and could have incorporated in the work. Issuance of an estimate on any part of the work done shall not be construed as final acceptance of any work completed up to that time. Should the Contractor fail to take prompt action whenever conditions make it necessary, the Party of the First Part shall make emergency repairs or cause the same to be made, with the stipulation that the costs for such repairs shall be charged against the Contractor and deducted from moneys due them . In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for the project and shall take such precautions as may be necessary to prevent damage to the project, provide for normal drainage and shall erect any necessary tem porary structures, signs, or other facilities at their expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seeding s, and soddings furnished under their Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. Subsection 7.19: Personal Liability of Public Officials In carrying out any of the provisions of these specifications, or in exercising any power or authority granted to them by or within the scope of the Contract, there shall be no liability upon the Commissioner, Engineer, or their authorized representatives, either personally or as officials of the Commonwealth, it being understood that in all such matters they act solely as agents and representatives of the Commonwealth. Subsection 7.20: No Waiver of Legal Rights The Party of the First Part shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the physical completion and final acceptance of the work and Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.70 202 4 Edition payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, nor from showing that any such measurement, estimate or certificate is untrue or is incorrectly made, nor that the work or materia ls do not in fact conform to the Contract. The Department shall not be precluded or estopped, notwithstanding any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor or their sureties, or both , such damage as it may sustain by reason of their failure to comply with the terms of the Contract. Neither the acceptance by the Department, or any representative of the Department, nor any payment for any acceptance of the whole or any part of the work, nor any extension of time, nor any possession tak en by the Department, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach. Any remedy provided in the Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided; and the Party of the First Part shall also be entitled as of right to a writ of injunction against any breach of the provisions of the Contract. Subsection 7.21: Preference in Employment of Labor In the employment of mechanics, teamsters, chauffeurs and laborers in the construction of public works by the Commonwealth, or by a county, town or district, or by persons contracting or subcontracting for such work, preference shall first be given to citizens of the Commonwealth who have been residents of the Commonwealth for at least six months at the commencement of their employment and who are veterans as defined in General Laws, Chapter 4, Section 7, Clause 43, as amended and who are qualified to perform the work to which the employment relates; and secondly to citizens of the Commonwealth, generally who have been residents of the Commonwealth for at least six months at the commencement of their employment, and if they cannot be obtained in sufficient numbers, then to citizens of the United States, and every Contract for such work shall contain a provision to this effect. Each county, town or district in the construction of public works, or persons contracting or subcontracting for such works shall give preference to veterans and citizens who are residents of such county, town or district. The Contractor's attention is hereby directed to said Section 26 of Chapter 149 of the General Laws, as amended. The requirements in the above paragraph do not apply to any project or part thereof, financed in whole or in part with Federal Funds. Subsection 7.22: Labor, Lodging, Board, Maximum Hours of Employment , Weekly Payment, Keeping of Payroll Records Every employee in public work shall lodge, board and trade where and with whom they elect; and no person or their agents or employees under Contract with the Commonwealth, a county, city or town, or with a department, board, commission or officer acting therefor, for the doing of public work, shall directly or indirectly require as a condition of employment therein, that the employee shall lodge, board or trade at a particular place or with a particular person (Chapter 149, Section 25 of the General Laws). No laborer, workman, mechanic, foreman or inspector working within this Commonwealth, in the employ of the Contractor, Subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be required or permitted to work more than eight hours in any one day or more than 48 hours in any one week, or more than six days in any one Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.71 202 4 Edition week, except in cases of emergency, or in case any town subject to Section 31 of Chapter 149 of the General Laws is a party to such a Contract, more than eight hours in any one day, except as aforesaid. The Department or the Contractor or any Subcontractor may employ laborers, workmen, mechanics, foreman and inspectors for more than eight hours in any one day in the work to be done or under Contract when, in the opinion of the Commissioner of Labor and Industries, public necessity so requires. (Chapter 149, Section 34 of the General Laws, as amended). Attention of Bidders is called to Section I 48 of Chapter 149 of the General Laws and amendments thereof requiring the weekly payment of employees. Upon request of the Engineer or the Massachusetts Department of Labor and Industries, the Contractor shall furnish certified copies of any or all payrolls for the Contract, showing the name, address, and occupational classification of each employee on said works, and the hours worked by, and the wages paid to each such employee. Such payroll shall also include the rates paid for rented trucks or rental equipment of any kind used on the work. This requirement shall also apply to the work or any Subcontractor , having a Subcontract for any of the work performed on the project. Such records shall be kept in such manner as the Commissioner of Labor and Industries shall prescribe, and shall be open to inspection by the Engineer or any authorized representative of the Department of L abor and Industries at any reasonable time and as often as may be necessary. In the case the work covered by this Contract is financed from Federal Funds, the above provisions relative to the hours of employment shall be subject to such revision and amendment as are required by the Rules and Regulations controlling the expenditures of such Federal Funds. Subsection 7.23: Discovery of Unanticipated Archaeological and Skeletal Remains Should any archaeological remains be encountered during any phase of construction, the Contractor shall immediately cease all construction activities in the discovery area, secure the area and notify the Engineer. The Engineer shall immediately notify the MassDOT Environmental Services Section in Boston Headquarters Office. The MassDOT Archeologist shall inspect the remains and their context in order to evaluate the discovery. In the event a potentially significant archaeological find is encountered, as determined by the MassDOT Archaeologist, the Contractor shall carefully protect the discovery area by placing snow fencing and/or flagging (with an approximately 30 -ft buffer zone) around the find(s). The MassDOT Archaeologist shall notify the Federal Highway Administration (if the project is federally funded), the Massachusetts State Archaeologist, the Massachusetts State Historic Preservation Officer/Executive Directo r of the Ma ssachusetts Historical Commission and other relevant parties (the Massachusetts Commission on Indian Affairs, Tribal Historic Preservation Officers) of the discovery and serve as the liaison on all subsequent actions. Outside the protected discovery area, construction work may continue. Construction may not resume in the discovery area until the MassDOT Archaeologist has secured all necessary regulatory approvals and given the approval to continue to the Engineer. If skeletal remains are discovered during construction, the Contractor shall immediately cease all work in the discovery area, secure and protect the area and notify the Engineer as stipulated above. The Engineer shall immediately contact the State Medical Examiner, the police and the MassDOT Archaeologist. If the skeletal remains prove to be human and more than 100 years old, as determined by the State Medical Examiner, the MassDOT Archaeologist shall consult with the Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.72 202 4 Edition Massachusetts State Archaeologist and other relevant parties pursuant to all procedures and protocols under the Massachusetts Unmarked Burial Law (MGL Chapter 38, Section 6; MGL Chapter 9, Section 26A and 27C; and MGL Chapter 7, Section 38A) and Section 106 of the National Historic Preservation Act as amended, and its implementing regulations for emergency situations and post - review discoveries [36 CFR 800.12(b)(2) or 36 CFR 800.13(b)]. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges
I.73 202 4 Edition Section 7.00: Legal Relations and Responsibility to Public concerning Prevention of Water Pollution and Erosion.
148.21 : Material, Dredged and Disposed
Material, Dredged and Disposed, shall consist of all material removed from the dredging area and placed in scows and disposed of where and as directed in the Special Provisions; not included are Rocks, Removed from Dredged Area and Disposed, and Ledge, Rem oved from Dredged Area and Disposed.
148.22 : Material, Dredged and Disposed : Hydraulic Method
Material, Dredged and Disposed (Hydraulic Method), shall consist of all material removed from the dredging area and disposed of by Hydraulic dredging methods where and as described in the Special Provisions; not included are Rocks, Removed from Dredged Are a and Disposed, and Ledge, Removed from Dredged Area and Disposed.
148.23 : Rocks, Removed from Dredged Area and Disposed
Rocks in excess of 1 yd ³ in volume, and less than 5 yd ³ in volume, which are entirely removed from the dredged areas and deposited at a location approved by the Engineer, will be paid for under this item. No compensation will be made for rocks which are lowered so that they are below the depths of the proposed work.
148.24 : Ledge, Removed from Dredged Area and Disposed
Ledge or Rocks (including masonry) in excess of 5 yd ³ in volume encountered within the dredging limits shall be removed and disposed of, upon the direction of the Engineer.
148.25 : Mobilization and Demobilization
Mobilization and Demobilization shall consist of the mobilization of all the Contractor’s dredging plant, including tugs, scows, pipe lines, pontoons, and all equipment at the site of the work prepared to commence dredging operations and upon completion of dredging operations the demobilization and removal of all aforesaid plant and equipment. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges II.26 202 4 Edition CONSTRUCTION METHODS
148.60 : General
The material shall be removed by dredging plant and equipment either by the Hydraulic Method or by placing the material in scows and disposing of it outside of the dredging areas. The method(s) to be used will be specified in the Special Provisions. If no area for the disposal of material is stated in the Special Provisions, it shall be the Contractor's responsibility for the negotiations necessary to furnish all required areas for disposal of material. In the dredging and disposal of dredged material, the Contractor will be required to observe all laws of the United States, all requirements of the U.S. Corps of Engineers and all local or state authorities in relation thereto. The Contractor's attention i s directed to the fact that material disposal of below mean high water requires a permit from the U.S. Corps of Engineers and a license from the Commonwealth. The areas shown on the plans, or as laid out in the field, shall be dredged so that they shall have throughout upon completion of the work the specified depths over their whole extent as shown on the plans, with the banks at the sides sloped at an angle of approximately 1 vertical to 3 horizontal. The Contractor shall make the bottom of the dredged areas as smooth and level as possible to or slightly below the required depths. The Contractor shall exercise extreme caution in any location in which the dredging operations are in close proximity to structures. The Contractor shall bear full responsibility for damage of any nature to structures caused by dredging beyond the limits s hown on the plan or as laid out in the field and such damage shall be satisfactorily remedied at the sole expense of the Contractor. The Contractor shall conduct their dredging and disposal operations so as to cause a minimum of interference with navigation. The Contractor shall furnish regularly to inspectors on board the dredge or other craft upon which they are employed, when transportation ashore is impracticable, a suitable room for office and sleeping purposes. The room shall be properly heated, ventilat ed and lighted and shall have a desk which can be locked, a comfortable bed and chair for each Inspector, and washing conveniences. If such quarters and conveniences are not provided, or the work is so located that transportation ashore can be furnished without interference with the work, the Contractor shall provide the Inspector with transportation to and from such points ashore as the Engineer may from time to time, designate. If the Contractor maintains on their work an establishment for the subsistence of their own employees, the Contractor shall furnish to Inspectors and survey parties when employed on the work, meals of satisfactory quality. Each Bidder shall state in their Proposal whether the plant the Bidder proposed to use on the work has facilities for furnishing the meals and accommodations required. The entire cost to the Contractor for furnishing, equipping and maintaining the foregoing accommodations, providing transportation ashore, and furnishing meals, shall be included in the price bid for dredging. Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges II.27 202 4 Edition COMPENSATION
148.80 : Method of Measurement
The amount of material dredged and disposed of will be determined by preliminary and final cross sections taken by the Engineer in the dredging area. If this method is impracticable, the Engineer will determine the method of measurement. If the alternate method of measurement is by measuring the dredging materials in the scows in which it is placed for disposal, such actual scow quantities as determined by the measurements shall be divided by 1.15 to compensate for bulking or swelling. The quotient for this division shall then be the quantity to be paid for . The quantity of materials shown in the Proposal has been computed to the payment limits. The Engineer may take additional soundings before the work is started, which soundings shall be the preliminary soundings for payment purposes. Pay limits for material actually dredged and disposed will be as follows:
A.Bottom – Depth up to and including 24 ft below mean low water plus 1 ft below the required depths. Depths more than 24 ft below mean low water plus 2 ft below the required depths.
B.Side slopes shall be as shown on the plans. Rocks. Removed from Dredged areas and Disposed will be determined by measurement made by the Engineer. Ledge. Removed from Dredged Areas and Disposed will be determined by preliminary and final cross sections taken by the Engineer in the dredging area. The overlying material shall be removed prior to the Engineer taking preliminary cross sections. If this method of measurement is impracticable, the Engineer will determine the method of measurement. Mobilization and Demobilization will be paid for at the contract lump sum price. The Contractor will be paid sixty percent of the lump sum price upon completion of their mobilization at the work site. The remaining forty percent will be included in the final payment for work under the Contract.
148.81 : Basis of Payment
All classes of dredged material will be paid for at the contract unit price per cubic yard for the particular type of material removed and disposed as def ined hereinbefore. 148.82: Payment Items 148. Dredging and Disposing of Material ..................................................................... Cubic Yard 148.1 Dredging and Disposing of Material (Hydraulic Method) ........................... Cubic Yard 148.2 Removal and Disposal of Rock from Dredged Areas ..................................... Cubic Yard 148.3 Removal and Disposal of Ledge from Dredged Areas ................................... Cubic Yard 148.4 Dredging, Mobilization and Demobilization ..................................................... Lump Sum Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges II.28 202 4 Edition SUBSECTION 150: EMBANKMENT DESCRIPTION
150.20 : General
Construction of all embankment fill shall be done in accordance with the relevant provisions of Subsection 120: Excavation , Subsection 150: Embankment , and Subsection 170: Grading , and in accordance with the procedures described herein. This work comprises the formation of embankments with suitable material obtained from excavation and borrow, thoroughly compacted to produce a stabilized embankment. The work shall be performed in accordance with the lines and grades shown on the plans as directed. Material available from widened cuts outside the slopes as indicated on the plans or as ordered by the Engineer may be used in embankments or elsewhere upon written request by the Contractor and subsequent written approval by the Engineer. The Engineer shall determine the suitability of any excavation material for incorporation in the embankment. If the Contractor desires to waste excavated material and provide borrow to replace it for their own convenience, they may do so only after obtaining the written approval of the Engineer and after satisfactory arrangements have been made for the measurements and disposal of the material. When it is determined by the Engineer that there is not sufficient material available either from excavation within the Right- of-Way or the slope lines of the section under Contract for the formation of embankments, roadbeds in cut sections, foundations, shoulders, or backfill the Contractor shall obtain such additional material as may be necessary from outside the location, and this material will be borrow material.
150.21 : Borrow Pit Restrictions
With the exception of commercial borrow pits, the location, material removal operation and final shaping and finishing of borrow pits, regardless of location, must conform with all local and State regulations, and for the purpose of preventing water pollut ion shall be subject to approval by the Engineer prior to use, during the material removal operation and upon completion. Borrow pits shall be so graded and finished after material removal is completed that there can be no reasonable possibility of a safet y hazard nor ponding of water nor water pollution caused by later erosion of the pit. Borrow pits located adjacent to the Right -of-Way shall be finished by extending the slope of the cross sect ion to a berm to be constructed or left within the Right -of-Way at the side line. The berm shall be a minimum of 5 ft high and 2 ft wide across the top with natural slopes in both directions, or as otherwise directed. The floor of the pit shall slope away from the location line at a minimum rate of 0.5 in. per ft for at least 50 ft . Portions of borrow pits (within 500 ft of the project or any other highway location line) which may be noticeable from a travelled way, residence or place of business, shall be neatly trimmed and left in a condition satisfactory to the Engineer. Particular attention shall be given to make the slopes harmonize with the general appearance of the adjacent landscape, provided however, that no slope Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges II.29 202 4 Edition shall be steep enough to constitute a public menace. No unsightly accumulation of material shall be permitted which may in any manner deface the finished landscape. The cost for the final shaping and finishing of borrow pits shall be included in the contract unit price of the type of borrow furnished with no additional compensation. MATERIALS
150.40 : General
All embankment material, whether coming from excavation or borrow shall consist of solid, sound mineral aggregate. It shall be free from deleterious, organic, elastic or foreign matter and shall be adequately graded for satisfactory compaction into a stabi lized soil structure. The material will be classified into particular groups according to AASHTO M 145 . All borrow material to be furnished shall meet the requirements specified in the following Subsections of Division III, Materials: Ordinary Borrow .......................................................................................................................... M1.01.0 Gravel Borrow ............................................................................................................................... M1.03.0 Sand Borrow .................................................................................................................................. M1.04.0 Type b Gravel Borrow for Bridge Foundation ................................................................................ M1.03.0 Type a Special Borrow .............................................................................................................................. M1.02.0 Impervious Soil Borrow ............................................................................................................ M1.08.0 Reclaimed Pavement Borrow Material ............................................................................... M1.09.0 Crushed Stone ............................................................................................................................... M2.01.0 Reclaimed Pavement Borrow Material meeting M1.09.0: Reclaimed Pavement Borrow Material may be substituted with approval of the Engineer for Ordinary Borrow, Special Borrow or Gravel Borrow. Reclaimed pavement borrow, if substituted, shall only be used under pavement areas and sidewalks. CONSTRUCTION METHODS
150.60 : General
Prior to starting work, the Contractor shall obtain approval for the compaction equipment to be used. Each layer of embankment material shall be thoroughly compacted with power rollers or tamping rollers. Other equipment or equivalent compactive capacity may be used subject to trial on the project and approval by the Engineer. Compacting equipment will not be used for any other purpose during compaction operations. The use of tractors, trucks, scrapers or other equipment designed primarily for purposes other than compaction and being used for purposes other than solely compaction will not be considered as compaction equipment, but traffic of such vehicles shall be distributed over this fill in such a manner as to take advantage of the additional compaction afforded thereby. Sufficient levelling and compacting equipment shall be provided to do the work of spreading and compacting the material promptly after it has been deposited. When, in the Engineer's judgment, such equipment is inadequate to spread and compact the material properly, the Contractor shall Massachusetts Department of Transportation – Highway Division Standard Specifications for Highways and Bridges II.30 202 4 Edition reduce the rate of excavation and placing of the fill to a rate not to exceed the capacity of the leveling and compacting equipment or employ additional equipment. The Contractor shall plan their grading operation to use all rock possible from all excavation either as backfill in excavated muck areas or in areas of greatest depth. Before placing of any fill, the areas under embankments shall be cleared, grubbed, and stripped as specified in Sub
Source: , Edition.