Necessary Upgrades. Transmission Owner shall design, procure, and construct the Necessary Upgrades, as identified in Appendix B, at MHVDC Connection Customer’s sole expense. Transmission Owner will utilize efforts that are consistent with Good Utility Practice to place such facilities in service by the dates set forth in Appendix C. Transmission Owner shall not be required to undertake any action which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, and Applicable Laws and Regulations. In the event Transmission Owner expects that it will not be able to complete the Necessary Upgrades by the specified dates in Appendix C, Transmission Owner shall promptly provide written notice to MHVDC Connection Customer, identify revised target in-service dates for such facilities, and shall undertake efforts consistent with Good Utility Practice to meet the revised dates. If, at any time, MHVDC Connection Customer determines that the completion of the Necessary Upgrades will not be required until after the Commercial Operation Date, MHVDC Connection Customer will provide written notice to Transmission Owner of such later date upon which the completion of the Necessary Upgrades will be required.
Necessary Upgrades. The Development will require the following necessary upgrades:
a. All water and sewer services for change of use will be subject to the requirements of the Town of Maynard Water and Sewer Regulations including engineering designs/ review/ approval to meet industry standard for proposed use.
b. Conversion of (1) telephone poles to underground utilities. Telephone pole A is located on the Property and services associated with this pole will be relocated underground.
c. Reconstruction of the pedestrian crossing facilities and equipment at the intersection of Powder Mill Road and Waltham Street to achieve compliance with current ADA and Massachusetts AAB regulations, including, but not limited to:
i. Reconstruction of all pedestrian curb ramps
ii. Replacement of all pedestrian traffic signal posts, including pedestrian signal heads and push buttons.
iii. Removal and restriping crosswalk pavement markings
iv. Removal and reconstruction of all existing concrete sidewalk adjacent to the site development parcel from the edge of the Waltham Street bridge to the Easterly limit of the project site on Powder Mill Road.
v. Repaving of sections of Powder Mill Road and Waltham Street as required for the intersection to achieve such ADA and AAB compliance. A design plan prepared by a Professional Engineer registered in Massachusetts, shall be prepared and submitted to the Town DPW/Engineering staff for approval prior to Approval of the project by the Planning Board. The above specified work shall be completed by the Developer prior to any Certificate of Occupancy being issued for any units in the proposed Development.
