SEPTEMBER 28, 2018

REHABILITATION OF FOUR HOUSATONIC RAILROAD BRIDGES

STATE PROJECT NO. 170-3192

TOWNS OF NEW MILFORD, KENT AND CANAAN

ADDENDUM NO. 1

This Addendum addresses the following questions and answers contained on the “CT DOT
QUESTIONS AND ANSWERS WEBSITE FOR ADVERTISED CONSTRUCTION
PROJECTS”:

Question and Answer Nos. 2, 13 and 15

SPECIAL PROVISIONS
NEW SPECIAL PROVISIONS
The following Special Provisions are hereby added to the Contract:

 NOTICE TO CONTRACTOR – PRE-BID SITE VISIT

 NOTICE TO CONTRACTOR – EXCESS MATERIAL DISPOSAL

REVISED SPECIAL PROVISIONS

The following Special Provisions are hereby deleted in their entirety and replaced with the
attached like-named Special Provisions:

 CONTRACT TIME AND LIQUIDATED DAMAGES

 ARTICLE 1.05 - CONTROL OF THE WORK
 SECTION 1.10 – ENVIRONMENTAL COMPLIANCE
 ITEM NO. 0703030A – PLACEMENT OF CHANNEL BOULDER
 ITEM NO. 0950040A – CONSERVATION SEEDING FOR SLOPES
 ITEM NO. 0950043A – WETLAND GRASS ESTABLISHMENT
 ITEM NO. 0952051A – CONTROL AND REMOVAL OF INVASIVE
VEGETATION

CONTRACT ITEM
REVISED CONTRACT ITEM
ITEM NO. DESCRIPTION ORIGINAL REVISED
QUANTITY QUANTITY
0751831 6” OUTLET FOR UNDERDRAIN 4 LF 38 LF

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PLANS
REVISED PLANS
The following Plan Sheets are hereby deleted and replaced with the like-numbered Plan Sheets:

02.01.A1

03.01.05.A1

The Bid Proposal Form has been revised by this addendum.

The Detailed Estimate Sheets do not reflect these changes.

There will be no change in the number of calendar days due to this Addendum.

The foregoing is hereby made a part of the contract.

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CONTRACT TIME AND LIQUIDATED DAMAGES

One Hundred Thirty Seven (137) calendar days will be allowed for completion of the work on
this Contract and the liquidated damages charge to apply will be Three Thousand Seven Hundred
Dollars ($3,700.00) per calendar day.

A single nine day long-term continuous track outage is allowed for the removal and replacement of
the structures at Site Nos. 2 and 4, and a single weekend short-term track outage is allowed for the
installation of a relieving slab at Site No. 3. If the Contractor fails to complete the approved work
and return the track roadbed to a condition allowing the railroad to install the track and resume
service on the line within the time period allowed per Article 1.08.04, the Contractor will be
responsible for monetary damages assessed as follows:

For the Housatonic Railroad Berkshire Line:

(a) For the first twenty four (24) hour period or any portion thereof after the scheduled track
outage ends, damages of Five Thousand Dollars ($5,000) per twenty four (24) hour
interval will be assessed against the Contractor. These damages will cover costs to the
State associated with the track being out of service.

(b) For each consecutive twenty four (24) hour period after the initial period, an additional
charge for damages of Five Thousand Dollars ($5,000) per twenty four (24) hour interval
will be assessed against the Contractor as long as his activities continue to prevent the
railroad from resuming rail service on the track. These damages will cover costs to the
State associated with the track being out of service.

GENERAL

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NOTICE TO CONTRACTOR – PRE-BID SITE VISIT

A Pre-Bid Site Visit will be held at 9:00am on Friday, October 5th, 2018. The schedule and
meeting locations are described below. Prospective bidders will be escorted through the railroad
right-of-way by a representative of the Housatonic Railroad.

Schedule:

Site 4 – 9:00 AM - Bridge #9223R – Park near the intersection of Point of Rocks Road and Sand
Road, Canaan, CT 06031. The site is located next to the intersection.
Map: https://goo.gl/maps/rD3pGbiDvq92

Site 3 – 10:30 AM - Bridge #9206R – Park near the grade-crossing at the Eric Sloane Museum,
31 Kent Cornwall Rd, Kent, CT 06757. The site is located approximately 1 mi. north along the
tracks.
Map: https://goo.gl/maps/8utHwHabJpK2

Site 2 – 12:00 PM - Bridge #9204R – Park along South Kent Road at approximate address 240
South Kent Road, South Kent, CT 06785. The site is located 200 ft. north of the highway bridge.
Map: https://goo.gl/maps/fmRmh7g7ZtL2

Site 1 – 1:30 PM - Bridge #9200R – Park along River Road approximately 1.3 mi. north of
Boardman Road, New Milford, CT 06776. The site is visible from River Road.
Map: https://goo.gl/maps/44fmdrjzNRx

This Project involves working in the railroad right-of-way and access to the Project sites is
restricted. Therefore, all bidders are strongly encouraged to attend this Pre-Bid Site Visit. There
will be no other opportunity afforded to bidders to inspect the Project sites.

The Pre-Bid Site Visit will include a review of the Project sites, of the limitations of operations,
and of the necessary compliance with Housatonic Railroad requirements for the Project.

All attendees must bring hard hats, safety vests, safety glasses, and safety shoes to the site visit.
No one will be allowed on the site visit without wearing this safety gear.

Those planning to attend must send an email to Mr. Philip J. Melchionne DOTContracts@ct.gov,
prior to the Pre-Bid Site Visit, for confirmation. Prospective bidders must provide their names,
the name of their firm, phone number, and number of attendees (limit 2 per firm).

Bidders are advised that no questions will be entertained at the site visit. All questions
generated, as a result of the site visit, must be submitted no later than 9:00am, Monday, October
15th, 2018. Questions shall be E-mailed to the attention of the Manager of Contracts at
DOTContracts@ct.gov. Faxed questions will no longer be accepted.

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NOTICE TO CONTRACTOR – EXCESS MATERIAL DISPOSAL

The Contractor is advised that excess material generated from required excavation at Site Nos. 1,
2, 3 and 4 shall be disposed of within the railroad right-of-way. Disposal areas immediately
adjacent to the track and within one mile of each of the respective sites have been preliminarily
identified by the Engineer and the Railroad. The Contractor shall transport excess material using
hi-rail equipment to the disposal areas, and shall off load the material ensuring that the off loaded
material is beyond the railroad horizontal clearance point to allow for normal train operations.

The Railroad shall be responsible for spreading, grading and stabilizing all off loaded material at
these disposal areas.

The transport of excess material to the disposal areas including furnishing appropriate hi-rail
equipment shall be included in the cost of all excavation related items generating excess material
including: “EARTH EXCAVATION”; “STRUCTURE EXCAVATION – EARTH
(COMPLETE)”; “STRUCTURE EXCAVATION – ROCK (COMPLETE)”; “STRUCTURE
EXCAVATION – EARTH (EXCLUDING COFFERDAM AND DEWATERING)”;
“CHANNEL EXCAVATION-EARTH”; and “JACKING 72” R.C. PIPE CLASS V”.

See the following special provisions for additional information: “Article 1.05.06 – Cooperation
with Utilities (Including Railroads)”; “Section 1.10 – Environmental Compliance”; and “Notice
to Contractor - Work on Railroad Property”.

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SECTION 1.05 - CONTROL OF THE WORK

Replace Article 1.05.02 with the following:

1.05.02—Contractor Submittals, Working Drawings, Shop Drawings, Product Data,

Submittal Preparation and Processing - Review Timeframes, Department’s Action:

1. Contractor Submittals: The plans provided by the Department show the details necessary
to give a comprehensive idea of the construction contemplated under the Contract. The plans
will generally show the location, character, dimensions, and details necessary to complete the
Project. If the plans do not show complete details, they will show the necessary dimensions and
details, which when used along with the other Contract documents, will enable the Contractor to
prepare working drawings, shop drawings or product data necessary to complete the Project.

The Contractor shall prepare submittals as Portable Document Format (PDF) files. The
Contractor is also required to acquire, maintain access and use the Department’s document
management system for delivery of submittals. The format, digital signing requirements,
delivery processes and document tracking procedures shall be performed in accordance with this
specification and the Contractor’s Digital Submission Manual (CDSM).

The submittals shall be sent to the Department’s reviewer(s), sufficiently in advance of the
work detailed, to allow for their review in accordance with the review periods as specified herein
(including any necessary revisions, resubmittal, and final review), and acquisition of materials,
without causing a delay of the Project.

2. Working Drawings: When required by the Contract or when ordered to do so by the

Engineer, the Contractor shall prepare and submit the working drawings, signed, sealed and
dated by a qualified Professional Engineer licensed to practice in the State of Connecticut, for
review. The drawings shall be delivered sufficiently in advance of the work detailed, to allow
for their review in accordance with the review periods specified herein (including any necessary
revisions, resubmittal, and final review).

There will be no direct payment for furnishing any working drawings, procedures or supporting
calculations, but the cost thereof shall be considered as included in the general cost of the work.

a. Working Drawings for Permanent Construction: The Contractor shall supply to the
Assistant District Engineer a certificate of insurance in accordance with 1.03.07 at the time that
the working drawings for the Project are submitted.

The Contractor’s designer, who prepares the working drawings, shall secure and maintain at no
direct cost to the State a Professional Liability Insurance Policy for errors and omissions in the
minimum amount of $2,000,000 per error or omission. The Contractor’s designer may elect to
obtain a policy containing a maximum $250,000 deductible clause, but if the Contractor’s
designer should obtain a policy containing such a clause, they shall be liable to the extent of at

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least the deductible amount. The Contractor’s designer shall obtain the appropriate and proper
endorsement of its Professional Liability Policy to cover the indemnification clause in this
Contract, as the same relates to negligent acts, errors or omissions in the Project work performed
by them. The Contractor’s designer shall continue this liability insurance coverage for a period
of
(i) 3 years from the date of acceptance of the work by the Engineer, as evidenced by a State
of Connecticut, Department of Transportation form entitled "Certificate of Acceptance of
Work," issued to the Contractor; or
(ii) 3 years after the termination of the Contract, whichever is earlier, subject to the continued
commercial availability of such insurance.

b. Working Drawings for Temporary Construction: The Contractor shall submit drawings,
calculations, procedures and other supporting data to the Assistant District Engineer.

3. Shop Drawings: When required by the Contract, or when ordered to do so by the Engineer,
the Contractor shall prepare and deliver shop drawings to the Designer for review. Review
timeframes and submission locations are as specified herein.

There will be no direct payment for furnishing any shop drawings, but the cost thereof shall be
considered as included in the general cost of the work.

4. Product Data: When required by the Contract, or when ordered to do so by the Engineer,
the Contractor shall prepare and deliver product data.

The Contractor shall submit the product data in a single submittal for each element or group of
elements of construction.

The Contractor shall mark each copy of the product data submittal to show applicable choices
and options. Where product data includes information on several products that are not required,
copies shall be marked to indicate the applicable information. Product data shall include the
following information and confirmation of conformance with the Contract to the extent
applicable: manufacturer’s printed recommendations, compliance with recognized trade
association standards, compliance with recognized testing agency standards, application of
testing agency labels and seals, notation of coordination requirements, Contract item number,
and any other information required by the individual Contract provisions.

There will be no direct payment for furnishing any product data, but the cost thereof shall be
considered as included in the general cost of the work.

5. Submittal Preparation and Processing – Review Timeframes: The Contractor shall

allow 30 calendar days for submittal review by the Department, from the date receipt is
acknowledged by the Department’s reviewer. For any submittals marked with “Revise and
Resubmit” or “Rejected,” the Department is allowed an additional 20 calendar days for review of
any resubmissions.

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An extension of Contract time will not be authorized due to the Contractor’s failure to transmit
submittals sufficiently in advance of the work to permit processing.

The furnishing of shop drawings, working drawings or product data, or any comments or
suggestions by the Designer or Engineer concerning shop drawings, working drawings or
product data, shall not relieve the Contractor of any of its responsibility for claims by the State or
by third parties, as per 1.07.10.

The furnishing of the shop drawings, working drawings and product data shall not serve to
relieve the Contractor of any part of its responsibility for the safety or the successful completion
of the Project construction.

6. Department’s Action: The Designer or Engineer will review each submittal, mark each
with a self-explanatory action stamp, and return the stamped submittal promptly to the
Contractor. The Contractor shall not proceed with the part of the Project covered by the
submittal until the submittal is marked “No Exceptions Noted” or “Exceptions as Noted” by the
Designer or Engineer. The Contractor shall retain sole responsibility for compliance with all
Contract requirements. The stamp will be marked as follows to indicate the action taken:
a. If submittals are marked “No Exceptions Noted,” the Designer or Engineer has not observed
any statement or feature that appears to deviate from the Contract requirements. This
disposition is contingent on being able to execute any manufacturer’s written warranty in
compliance with the Contract provisions.
b. If submittals are marked “Exceptions as Noted” the considerations or changes noted by the
Department’s Action are necessary for the submittal to comply with Contract requirements.
The Contractor shall review the required changes and inform the Designer or Engineer if
they feel the changes violate a provision of the Contract or would lessen the warranty
coverage.
c. If submittals are marked “Revise and Resubmit,” the Contractor shall revise the submittals
to address the deficiencies or provide additional information as noted by the Designer or
Engineer. The Contractor shall allow an additional review period as specified in 1.05.02-5.
d. If submittals are marked “Rejected,” the Contractor shall prepare and submit a new
submittal in accordance with the Designer’s or Engineer’s notations. The resubmissions
require an additional review and determination by the Designer or Engineer. The
Contractor shall allow an additional review period as specified in 1.05.02-5.

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Article 1.05.06—Cooperation with Utilities (Including Railroads) is supplemented as follows:

Add the following after the last paragraph:

"Special Requirements Regarding Work in Housatonic Railroad territory:

Description:

This Section covers authority, definitions, regulatory requirements, traffic regulation and
coordination of the Contractor’s work schedule with the operation of train service, construction
equipment and safety requirements for working within railroad right-of-way, and provisions for
storage of materials and equipment and worker safety rules. Subsequent to the Engineer’s
Pre-construction meeting and prior to commencement of Contract activities, a working on the
railroad meeting will be held by the Engineer to emphasize these Specifications.

Permission to Enter Upon Railroad Property:

Permission is hereby granted to the Contractor to enter property of the State, under the custody and
control of the Department and managed by the Housatonic Railroad Company (hereinafter called
"Railroad"). The purpose of this permission shall be solely for those outlined in this Contract and
under the following terms and conditions:

I. Location and Access. Permission is hereby granted to the Contractor and its subcontractor(s),
if any, to enter the property within the Project Limits identified on the Contract Plans for the
Railroad, in the vicinity of Milepost 15.00, Milepost 21.62, Milepost 25.80, and Milepost
44.50, in the State of Connecticut (hereinafter called the "Property").
II. Liability. The Contractor covenants and agrees to at all times indemnify, protect and save
harmless the “Additional Insureds,” as defined in paragraph V herein, from and against any
and all losses, damages, detriments, suits, claims, demands, costs, and charges which the
“Additional Insureds” may directly or indirectly suffer, sustain, or be subjected to by or on
account of the Contractors entry upon, occupancy or use of the Property, or the conduct
thereon of the Contractor, its subcontractors, officers, employees, agents or invitees, whether
such loss or damage be suffered or sustained by the “Additional Insureds” directly or persons
(including employees of “Additional Insureds” or Corporations who may seek to hold the
“Additional Insureds” liable therefore), and whether attributable to the fault, failure or
negligence of the “Additional Insureds” or otherwise.
III. Consideration. The Contractor shall pay to the Railroad, the sum of Zero Dollars ($0.00) for
the right to enter upon the Property.
IV. Terms of Permit. The Railroad reserves the right to revoke this permission at any time.
Unless subsequently modified, this shall begin with Notice to Proceed and shall end at
Contract Completion Date at which time it shall expire automatically. Under no
circumstances shall this temporary permission be construed as granting the Contractor any

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rights, title or interest of any kind or character in, on, or about the land or premises of Railroad
thereafter. The Permittee agrees to notify the Railroad when use of the Property or work is
completed.
V. Definitions of Terms and Permissible Abbreviations:

Authority of the Railroad Engineer - This supplements Standard Specification Article 1.05.01
in that all Contract work upon or affecting railroad property, right-of-way or facilities, shall
also be subject to the approval of the President of the Railroad or a duly authorized
representative, through coordination with the Engineer.
Additional Insureds - Those individuals or entities appearing under Article 1.03.07, Paragraph
15 of the Contract Special Provisions.
Conductor/Flagman - A Railroad employee qualified on the Rules of the Operating
Department and qualified on the physical characteristics of the portion of the railroad
involved. He/she is the contact employee qualified to obtain the use of track. Each
conductor/flagman will have the proper flagging equipment, up-to-date Railroad Operating
Rules, Timetables and Safety Rules.
Coordination of Work - This supplements Standard Specification Article 1.05.06 in that the
Contractor shall be responsible for the coordination of the work of its sub-contractors with
respect to the railroad property, right-of-way or facilities.
Horizontal Clearance Point - A point 10 feet from the centerline of a track, except as
authorized by the engineer.
Obstruction - An entering of the traffic envelope, also referred to as fouling.
Occupancy - Any use of track other than direct crossing.
On or Adjacent to - shall be interpreted to include space on, above and below the railroad
right-of-way operated by the Railroad, as well as space on, above, and below adjacent
property which the Railroad determines to affect the safe operations of service.
Qualified Railroad Employee - For the purpose of these specifications, a Qualified Railroad
Employee is a Railroad employee qualified to remove track or tracks from service.
Railroad - Whenever the term "Railroad" is used without further qualification, it shall be taken
to mean the Housatonic Railroad Company.
Right-of-Way - The limits of railroad property on either side of tracks.
The Safety Rules - All work shall be performed in accordance with rules, regulations,
procedures, and safe practices of the Railroad, FRA, OSHA, NESC and all other government
agencies having jurisdiction over this Project.
Track - The space between the rails plus not less than 4 feet outside each rail, except as
authorized by the engineer.
Traffic Envelope - The area encompassed by the vertical and the horizontal clearance points.
Vertical Clearance Point - A point 22 feet and 6 inches above the top of a running rail unless
otherwise authorized by the Railroad.
Use of Track - Obtaining permission from the proper authority of the Railroad for track
occupancy.

1. – Requirements for Performing Work on or Adjacent to the Railroad Right-of-Way

(a) General

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(1) The Contractor should note that the proposed work involves construction operations on
or adjacent to property owned by State and operated by the Railroad. In working near
an operating railroad, great care must be exercised and the Railroad’s safety rules must
be strictly observed.
(2) If while completing the work covered by this Contract, the tracks or other facilities of
the Railroad are endangered, the Contractor shall immediately do such work as directed
by the Railroad through the Engineer to restore safety. Upon failure of the Contractor
to carry out such orders immediately, the Railroad may take whatever steps as are
necessary to restore safe conditions. The cost and expense to the Railroad of restoring
safe conditions, or of any damage to the Railroad’s trains, tracks or other facilities
caused by the Contractor’s or subcontractor’s operations, shall be considered a charge
against the Contractor and shall be paid for by him, or may be deducted from any
monies due or that may become due him under this Contract.
(b) Rules and Regulations
(1) Railroad traffic shall be maintained at all times, and the Contractor shall conduct all
Project operations on or adjacent to the Railroad right-of-way fully within the rules,
regulations, and requirements of the Railroad. The Contractor shall be responsible for
acquainting himself with such requirements as the Railroad may demand. The
Contractor shall include in his bid any expenses occasioned by delay or interruption of
his work by reason of the operation or maintenance of the Railroad facilities.
(2) The Contractor shall obtain verification of the time and schedule of track occupancy
from the Railroad before proceeding with any construction or demolition work on or
adjacent to the Railroad right-of-way.
(3) All work to be done on or adjacent to the Railroad right-of-way shall be performed by
the Contractor in a manner satisfactory to the Railroad and shall be performed at such
times and in such manner as not to interfere with the movement of trains or traffic upon
the tracks of the Railroad. The Contractor shall use all necessary care to avoid
accidents, damage, delay or interference with the Railroad’s trains or property.
(4) If deemed necessary by the Railroad, it may furnish or assign an inspector who will be
placed on the work during the time the Contractor or any subcontractor is performing
work under the Contract on Railroad property.
(5) Before proceeding with any construction or demolition work on or adjacent to the
Railroad Right-of-Way, a pre-construction meeting shall be held at which time the
Contractor shall submit for approval of the Railroad, plans, computations, and a
detailed description of his method and procedure for accomplishing the specific
construction work required under this Contract, including methods of protecting
Railroad traffic. Such approval shall not serve, in any way, to relieve the Contractor of
his responsibility for the adequacy and safety of his methods and procedures for
conducting the work.
(6) The Contractor shall conduct his work and handle his equipment and materials in such
manner that will not foul a live track without the written permission of the Railroad.
(7) Equipment shall be considered to be potentially fouling the track when located in such
a position that its failure, with or without load, brings the equipment within the traffic
envelope. No equipment shall be placed in this position without prior approval of the
Railroad.

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(8) Equipment of the Contractor to be used:

(A) Equipment of the Contractor to be used adjacent to the tracks shall be in first-
class condition so as to fully prevent failures of defective equipment that might
cause delay in the operations of trains or damage to Railroad facilities.
Equipment shall not be placed or put into operation adjacent to tracks without
first obtaining permission from the Railroad. Under no circumstances shall any
equipment or materials be placed or stored within 25 feet from the near rail of a
track in operation, unless approved, in advance, by the Railroad.
(B) High (“hi”) rail equipment of the Contractor to be used on the tracks shall be
subject to prior approval of the Railroad. The equipment must be inspected and
approved in advance at the Railroad’s facility by Railroad inspectors. The
equipment inspection must be renewed every 3 months.
Such inspection shall be for the sole benefit of the Railroad and may not be relied
upon by the Contractor, State or any other party as a certification or expression of
opinion by Railroad as to the safety, condition or suitability of the equipment.
(C) On-track vehicles shall be equipped with a Railroad approved tow bar and
coupler. Multiple vehicles shall move in tandem and coupled when directed by
the Railroad. Movement of on track vehicles shall proceed only under the direct
supervision of a Qualified Railroad Employee.
(9) Materials and equipment belonging to the Contractor shall not be stored on Railroad
property without first having obtained permission from the Engineer and Railroad.
Such permission will be on the condition that the Engineer and Railroad will not be
liable for damage to such materials and equipment from any cause. The Contractor
shall keep the tracks adjacent to the Site clear of all refuse and debris that may
accumulate from his operations and shall leave the Railroad property in the condition
existing before the start of his operations.
(10) The Contractor shall coordinate with the Engineer and the Railroad in order to
determine the type of protection required to insure safety and continuity of Railroad
traffic incidental to the particular methods of operation and equipment to be used on the
work.
(11) The Railroad will require protection during all periods when the Contractor is working
on, or over, the right-of-way of the Railroad, or as may be found necessary in the
opinion of the Railroad. When protection is required, refer to Paragraph 1(g).
(12) It shall be expressly understood that this Contract does not include work for which the
Railroad is to be billed by the Contractor, and it shall be further understood that the
Contractor is not to bill the Railroad for any work which he may perform, unless the
Railroad gives a written request that such work be performed at its expense.
(13) Upon completion of the work, and before final payment is made, the Contractor shall
remove from within the limits of the Railroad’s right-of-way, all machinery, equipment,
surplus materials, falsework, rubbish and temporary buildings, and other property of the
Contractor/sub-contractor, and shall leave the right-of-way in a condition satisfactory to
the Railroad.
(c) Railroad Protective Services - will be provided in accordance with the Roadway Worker's
Protective Act, Title 49, Part 214, Sub-part C. Railroad protective services will also be

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performed to insure safe operations of trains when construction work would, in the
Railroad’s opinion, be a hazard to Railroad operations.
(d) Definition of Hazard – the Railroad has furnished the statements quoted below, explaining
when they consider a hazard to operations exists:
“Protective services will be required whenever the Contractor is performing work on or
adjacent to the Railroad tracks or right-of-way, such as excavating, sheeting, shoring,
erection and removal of forms, handling materials, using equipment which by swinging or
by failure could foul the track, and when any other type of work being performed, in the
opinion of the Railroad, requires such service.”
(e) Contractor Requirements for Work Affecting the Railroad
(1) All matters requiring Railroad Company approval or coordination shall be directed to
the Engineer or a duly authorized representative thereof, for forwarding to the Railroad
Engineer.
(2) Detailed plans and appurtenant data and calculations for any operation which, in the
opinion of the Railroad, would affect the Railroad, must be submitted to the Engineer
or a duly authorized representative thereof, for forwarding to the Railroad Engineer for
approval prior to commencement of the work. All plans and calculations submitted
must be stamped by a Connecticut registered Professional Engineer.
(3) Permissible Track Outages - are identified in the SECTION 1.08 – PROSECUTION
AND PROGRESS – Article 1.08.04 – Limitation of Operations - Contractor
Requirements for Work Affecting the Railroad contained within the General Provisions
of the Contract. The times identified are the times that the track may be removed from
service.
(4) The Contractor shall maintain a minimum of 1 foot level shoulder from ends of ties to
maintain lateral track support for all excavations and shall not excavate any slope
steeper than 1 (vertical) on 2 (horizontal) from the edge of the shoulder. Sheeting shall
be required on all excavations where the side of the excavation is intercepted by the
Railroad live load influence line. The live load influence line is defined as a line
originating at the bottom edge of tie and extending downward at a slope of 1 (vertical)
on 1½ (horizontal). Such excavations must be designed to withstand, in addition to all
common loads such as soil pressure and hydrostatic pressure, a railroad live load of
Cooper E-80.
(5) The Contractor shall be required to design and install protective scaffolding over the
right-of-way where, at the sole discretion of the Railroad, such scaffolding is necessary
to protect the Railroad from possible falling debris; paint or other materials; to protect
personnel working about the right-of-way or to provide a platform for personnel,
materials and/or equipment. Said scaffolding shall be designed for live load of 200
pounds per square foot applied uniformly over the entire structure and a 2 kips
concentrated load placed anywhere on the structure. These loads are not to be applied
simultaneously for design purposes.
(6) All excavation area shall be located by the Contractor and inspected by the Railroad for
the purpose of determining conflicts with underground facilities. Exploratory trenches,
a minimum of 3 feet deep and 15 inches wide in the form of an “H” with outside
dimensions matching and outside of sheeting dimensions are to be hand dug, as
directed by the railroad. In some locations, excavations may exceed 3 feet in depth.

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Specialty excavations such as screw anchors or cat pole foundations will require
additional trenching to ensure all possible conflicts are located. These trenches are for
exploratory purposes only and are to be backfilled and compacted immediately. All
work outlined above must be done in the presence of a Railroad inspector.
(7) Cavities adjacent to sheet piling, created by driving of sheet piling, shall be filled with
sand and any distributed ballast must be restored and tamped immediately.
(8) Sheet piling shall be cut off at top of tie during construction and at 2 feet below bottom
of tie after construction just prior to completion of back filling.
(9) Plans and calculations for sheeting and scaffolding must be submitted to the Engineer
for forwarding to the Railroad for approval prior to construction. Further, plans and
calculations must be stamped by a Connecticut registered Professional Engineer.
(f) Requirements for Erection, Demolition and Other Rigging Operations On or
Adjacent to Railroad Right-of-Way
The Contractor will be required to furnish the following information to the Engineer or a
duly authorized representative thereof, for forwarding to the Railroad Engineer for approval
prior to the start of any rigging operation over or adjacent to the Railroad right-or-way:
(1) Plan view showing locations of cranes, boom length and rigging operating radii, with
delivery or disposal locations shown.
(2) Crane rating sheets showing crane(s) to be adequate for 100% of the lift. Crane and
boom nomenclature is to be indicated.
(3) Plans and computations showing weight of pick.
(4) Location plan showing obstructions, indicating that the proposed swing is possible.
(5) Plans showing locations and details of mats, planking or special decking as may be
required by the Railroad.
(6) Written statement from crane owner giving the date of last crane condition and safety
inspection and the results of said inspection.
(7) Data sheet listing number, type, size and arrangement of slings, spreader bars or other
connecting equipment. Include copies of catalog or information sheets of specialized
equipment. All such equipment shall be shown adequate to safely carry 100% of the
calculated loading.
(8) A complete procedure is to be included, indicating the order of lifts and repositioning or
rehitching of the crane or cranes.
(9) Temporary support of any components or intermediate stages is to be shown.
(10) A time schedule of the various stages must be shown, as well as a schedule for the
entire lifting procedure.
(11) All erection, demolition and rigging plans and calculations submitted to the Railroad
must be stamped by a Connecticut licensed Professional Engineer.
(12) Operations directly on or adjacent to the operating right-of-way will be performed only
at times and under conditions specified by the Railroad’s representative.
(g) Ordering Protective Personnel
The Railroad will furnish Protective Service Personnel (conductors, flagmen, groundmen,
inspectors, maintenance and/or other railroad personnel deemed necessary) to protect the
operation of train traffic during the Contractor’s construction activities. Railroad Protective
Services will also be provided in conformance with the Roadway Worker's Protective Act
as stated in Paragraph 1(c). There will be no charge to the Contractor for Railroad

GENERAL
170-3192 14
ADDENDUM NO. 1
 09/24/18

Protective Services provided. The providing or failing to provide Protective Services shall
not relieve the Contractor from liability or payment for any damage caused by his or his
subcontractor’s operations conducted in their absence.
(1) The Contractor must obey all instructions from Railroad representatives on the job Site
promptly. Failure to follow instructions shall be deemed sufficient cause for closing
the job Site to the Contractor and its employees.
(2) The Railroad will, at its sole discretion, determine the need for and the availability of
protective personnel. The Railroad will provide protective personnel to the extent
possible considering its operational and maintenance priorities. The Railroad does not
guarantee that protective personnel will be available to meet the Contractor’s preferred
schedule. Further, no work will commence until the assigned Railroad representative
affirmatively advises the Contractor that the necessary protective personnel are
stationed and that work may proceed.
(3) The assessment of the need for protective services will be based upon a weekly
Railroad Construction Coordination Meeting. At these meetings, the Contractor shall
provide a Bi-weekly Schedule that will begin on the following Saturday. Based on the
schedule, the Railroad will determine the Protective Services required for the 2-week
period. Protective Services will be reserved for the following week beginning on the
Saturday and ordered for the second week of the schedule. It will be the Contractor’s
responsibility to perform work in accordance with the submitted schedule. Variations
from the submitted schedule may result in additional and unnecessary costs to the
Engineer, Railroad and Contractor.
(A) The Contractor shall base his operations on a 5 consecutive day work week. The
hours of operation during this time shall remain constant. Multiple shifts may be
worked.
(B) The Contractor must demonstrate maximum use of Protective Service Personnel
ordered. Failure to do so may result in the inability to consistently obtain
services.
(C) The Contractor shall be responsible for forwarding all Protective Service requests
from his subcontractors and suppliers in his bi-weekly schedule submittal.
(4) Requests to cancel construction activities, and subsequently the scheduled Protective
Service Personnel, will be also submitted at the weekly Railroad Construction
Coordination Meeting. At these meetings, the previously scheduled Protective Services
for the week beginning on the following Saturday may be cancelled. This will be the
only time for cancellation. Once cancelled, no re-ordering of Protective Services for
the following week will be allowed.
(5) Weather conditions will be considered the only basis upon which the Railroad will
accept the Contractor’s cancellation of scheduled work and will only be recognized on
items of work which have been clearly identified and determined to be weather
dependent in the Contractor’s schedule. Activities not presented on the bi-weekly
schedule at the weekly Railroad Construction Coordination Meeting will not be able to
commence until it has been inserted into the schedule and presented at the next
meeting.

GENERAL
170-3192 15
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 09/24/18

(6) Work that requires the support of Railroad personnel shall not be scheduled on the
following days, unless the work is of an emergency nature or is associated with the
scheduled long-term continuous outage:

Holiday’s Observed:
*New Year’s Day
*Good Friday, Easter
*Memorial Day
*Independence Day
*Labor Day
*Columbus Day
*Thanksgiving Day
*Christmas Day
*The Saturday and Sunday preceding a Monday holiday.
*The Saturday and Sunday following a Friday holiday.
*The Friday and Monday preceding and following a weekend holiday.
(h) Requirements for Requesting Track Outages
Track outages as described in the plans and specifications must be requested at the weekly
Railroad Construction Coordination Meeting.
(1) All procedures, material and equipment must be approved and on Site prior to the
Railroad accepting the track outage request(s). This applies to all track outage requests.
(2) Track outages will be granted based on need for constructability not for convenience.
(3) The Contractor must demonstrate the maximum use of track outages by coordinating
his activities and work so that various elements and multiple activities are performed
during approved outages. Failure to consistently use track outages may cause the
inability to gain approval of future requests for outages.
(4) No new track outages may be initiated the weekend preceding or following these
holidays:
Thanksgiving
Christmas
New Year's
However, long-term continuous outages may extend through these periods.
(5) The single long-term continuous outage, as allowed per Article 1.08.04, must be
requested and scheduled with the Engineer and the Railroad a minimum of 90 days in
advance of the outage.
(i) Requirement for Excavated Materials Handling
All excavated material shall remain within the railroad right-of-way except when directed
by the Engineer. Material not intended for reuse at the excavation site shall be removed,
loaded on hi-rail equipment, transported to the designated disposal site(s), and off loaded
adjacent to the track but outside the horizontal clearance point. The Railroad shall be
responsible for final placement and reuse of the material off loaded by the Contractor at
these sites.

GENERAL
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 09/24/18

The Railroad has preliminarily identified disposal sites within approximately one mile of
Sites Nos. 1, 2, 3 and 4 that shall be available for the material generated from these
respective sites. These disposal sites are as follows:

Site No. 1 Disposal Area – Milepost 14.0 to 15.0

Site No. 2 Disposal Area – Milepost 22.3±
Site No. 3 Disposal Area – Milepost 26.0 to 26.2
Site No. 4 Disposal Area - Milepost 44.0 to 44.2

The Engineer shall designate the locations for off-loading in advance of excavation
operations generating excess material. The Contractor shall assume disposal sites will be
no further from the work Sites than the preliminary sites identified above. Access to all
disposal areas requires the Contractor to use hi-rail equipment.
(1) Work activities with excavation must be scheduled with the railroad in advance. The
contractor must include time in the schedule for transport and off-loading of excavated
material to the designated disposal area(s).
(2) The contractor shall coordinate work schedules with the Engineer.
(j) Safety for Contractor’s Employees Working on or Adjacent to the Right-of-Way of the
Railroad
(1) Personal Protection Equipment
(A) Approved hard hats, reflectorized vest and clothing must be worn by all
Contractor employees while on the Right-of-Way, in yard, shop facilities, and
construction and/or work sites. Approved safety eyewear must be worn by all
Contractor employees while on Right-of-Way, in yard, shop facilities and
construction and/or work sites and in the operating control cab of a moving
locomotive or train. Any exclusion must be jointly approved by Railroad’s
department head and Director of Safety.
(B) Other protective equipment such as goggles, face shields, safety belts, floatation
vests, gloves and respirators shall be issued by the Contractor when required.
Protection devices for hearing conservation may be used when determined
necessary and safe to do so.
(2) Possession or Use of Intoxicants and Illegal Substances
The use of intoxicants, alcohol, narcotics, marijuana, amphetamines, hallucinogens or
other illegal substances while working within the Railroad Right-of-Way, is prohibited
and is sufficient cause for immediate removal from the Railroad property. Contractor
employees under medication before or while on duty, must be certain that such use will
not affect the safe performance of their duties.
(3) Surveying Equipment
(A) Measuring tapes must be non-metallic to avoid shunting the signal system electric
circuits. This will occur when a metallic object is laid across the top of 2 rails of
any track.
(B) Electrically rated fiberglass elevation rods must be used to avoid injury in the
event contact is made with energized signal/communication lines.
(4) Conduct On or About Track

GENERAL
170-3192 17
ADDENDUM NO. 1
 09/24/18

(A) Contractor employees must not enter the track envelope unless it is absolutely
necessary in performance of their duty. If it is deemed necessary, then the
Contractor employees must walk on tracks or cross tracks only when
accompanied by or with permission from a Qualified Railroad Employee of the
Railroad. Always use approved walkways when available; otherwise identify and
take the shortest safe route after looking in both directions. If more than 1 track is
to be crossed, stop and look before crossing each track.
(B) The possession of an umbrella on or about tracks is prohibited.
(C) Do not rest any object on your shoulder while in close proximity to a moving
train or high-rail equipment.
(D) Expect equipment to move on any track, in any direction, at any time. Contractor
employees must look in both directions and have permission from a Qualified
Railroad Employee before:
1. Fouling track
2. Crossing track
3. Going between or around end of equipment or structure
4. Moving out from between or under equipment of structure
5. Getting on or off equipment
6. Performing any other applicable operation
(E) When required by a conductor/flagman or other Qualified Railroad Employee to
vacate tracks, the Contractor employees must comply immediately.

(5) Safety Program and Plan

(A) Prior to the commencement of work the Contractor shall submit a “Working on
the Railroad Safety Plan” that will include a Program which implements the plan.
The submission shall be made to the Engineer or a duly authorized representative
and forwarded to the Railroad for compliance with this specification. This plan is
separate to the Health and Safety Plan required for other aspects of the Project
(i.e., lead, excavations, etc.).
(B) Each employee of the Contractor, subcontractor or others on Site shall be given
an initial Railroad Safety Training session administered by a Railroad Safety
Representative prior to being allowed to work on the Project. All employees
receiving this training will receive a Registered Hard Hat sticker or identification
card that will identify them as a trained employees. No Contractor employees are
permitted on the Railroad Right-of-Way without evidence of this training.
Contractor employees shall renew this training annually.
(C) All Contractor employees entering the railroad right-of-way must attend and
acknowledge the daily job briefings prior to commencing any work. The
qualified railroad employees will conduct the job briefings.
(D) The Contractor shall hold "TOOL BOX" safety meetings for their employees at
least once a week that will be documented and attendees listed.
(E) The Contractor supervisor shall attend a monthly Railroad Safety Meeting.

2. – Insurance Requirements – Housatonic Railroad Company

GENERAL
170-3192 18
ADDENDUM NO. 1
 09/24/18

The Contractor engaged in work on the Project shall be required to comply with the
requirements set forth under Article 1.03.07 – Insurance of the Standard Specifications, its
supplements and special provisions contained herein.

3. – Cost Associated with this Specification

(a) There shall be no direct payment for compliance to this specification. All costs associated
with any regulatory requirements, traffic regulation, specification administration,
coordination, materials and incidentals required to fulfill the requirements of this
specification will be considered as included in the general cost of the work and distributed
in all items.
(b) Any work, materials supplied, inspections and protective services by the Railroad as
described in the plans and specifications, expressly needed for the construction of the
Project, will be compensated to the Railroad by the Engineer under a separate agreement.

GENERAL
170-3192 19
ADDENDUM NO. 1
 Rev. Date 3-23-2018

SECTION 1.10 - ENVIRONMENTAL COMPLIANCE

In Article 1.10.03-Water Pollution Control:

BEST MANAGEMENT PRACTICES

Add the following after Required Best Management Practice Number 13:

14. The Contractor is hereby notified that the State listed species of Special Concern
eastern box turtle (Terrapene carolina carolina), is present within the Project limits.
In Connecticut, this terrestrial turtle lives in a variety of habitats, including
woodlands, field edges, thickets, marshes, bogs, and stream banks. Typically
however, eastern box turtles are found in well-drained forest bottomlands and open
deciduous forests. They will use wetland areas at various times during the season.
During the hottest part of a summer day, they will wander to find springs and
seepages where they can burrow into the moist soil. Eastern box turtles overwinter
in upland forest, typically covered by leaf litter or woody debris. As temperatures
drop, the turtles burrow down into soft ground.

All construction activities taking place within the Project limits will need to be
coordinated with the Office of Environmental Planning (OEP) through the
Engineer. At least 10 days prior to the commencement of any construction
activities, the Contractor shall, through the Engineer, arrange for a CT DOT
Environmental Inspector from the OEP or their authorized delegate to meet and
discuss proper protocol for maintaining environmental commitments made for the
protection of this species and habitat. OEP will provide oversight through the
Engineer to ensure that the following protocols are followed and maintained during
the course of the Project.

For any work done during the eastern box turtle’s active period (April 1 to
October 31) the Department will require the following precautionary measures to
protect the eastern box turtle and eastern box turtle habitat:

a. All areas within the Project limits must be surveyed and cleared of any turtles
immediately prior to the commencement of initial clearing and grubbing
activities.

b. All construction personnel working within eastern box turtle habitat must be
apprised of the species description and the possible presence of this listed
species.

c. Exclusionary practices will be required in order to prevent any eastern box turtle
access to construction areas. These measures will need to be installed at the
limits of disturbance as shown on the plans.

GENERAL

170-3192 20
ADDENDUM NO. 1
 Rev. Date 3-23-2018

d. Exclusionary fencing shall be at least 20” tall and must be secured to and
remain in contact with the ground. It shall be regularly inspected / maintained to
prevent any gaps or openings at ground level. Standard silt fence is adequate;
fencing with netting shall not be used.

e. The Contractor must search the work area each morning for the presence of this
listed species prior to any work being done.

f. Any eastern box turtles encountered within the immediate work area shall be
carefully moved to an adjacent area outside of the excluded area and the
Engineer shall be immediately informed in order to contact OEP with the
location.

g. All staging and storage areas in the vicinity of turtle habitat, outside of
previously paved locations, regardless of the duration of time they will be
utilized, must be reviewed by and receive written approval from OEP through
the Engineer.

h. No heavy machinery or vehicles may be parked in any unapproved eastern box

turtle habitat.

i. Exclusionary fencing shall be removed when it is no longer needed, and silt

fence shall be removed as soon as the area is stable to allow for reptile and
amphibian passage to resume.

Work may take place during the eastern box turtle’s inactive (hibernation) period
(November 1 to March 31) with the following additional precautionary measure:

a. Exclusionary fencing must be installed and the area inspected for turtles by the
Engineer or Engineer’s approved representative prior to October 1.

These practices will be applied to the entire Project unless a sketch is attached,
which identifies specific areas of concern.

This species is protected by State laws, which prohibit killing, harming, taking, or
keeping them in your possession. Photographs and the laws protecting eastern box
turtles shall be posted in the Contractor’s and DOT field offices (species ID sheets
will be provided by OEP).

15. The Contractor is hereby notified that one or more State listed species of bat, has
been documented within the project limits. In Connecticut, the Eastern small-footed
bat (Myotis leibii), tri-colored bat (Perimyotis subflavus), little brown bat
(Myotis lucifugus), Northern long-eared bat (Myotis septentrionalis) and the
Indiana bat (Myotis sodalis) are listed as endangered while the silver-haired bat
(Lasionycteris noctivagans) hoary bat (Lasiurus cinereus) and the red bat (Lasiurus

GENERAL

170-3192 21
ADDENDUM NO. 1
 Rev. Date 3-23-2018

borealis) are listed as special concern. The Northern long eared and the Indiana
bats are also federally listed species. Bats are the only mammals capable of actual
flight and are primarily nocturnal. During the daylight bats roost in trees and caves,
but many have now adapted to roost in buildings including barns, houses, tunnels
and bridges. Within the project limits bats will use the snags, cavities and
underside of flakey bark to roost and raise young. Young bats are incapable of
flight for their first four to five weeks; therefore this project will have a Time of
Year (TOY) restriction for tree clearing to protect the young.
The Contractor shall through the Engineer at least 10 days prior to the
commencement of any construction activities, arrange for a CT DOT
Environmental Scientist from the Office of Environmental Planning (OEP) or their
authorized delegate to be available to meet and discuss proper protocol for
maintaining environmental commitments made to the protection of these species
and their habitat. OEP will provide oversight through the District to ensure that the
following protocols are followed and maintained during the course of the Project:

a. Clearing of any tree 3” DBH or greater will be prohibited between the time of
May 15th and August 15th. This TOY protects the pregnant female and her
young after birth. The actual birth is variable year to year; therefore this TOY
will provide the greatest amount of protection for all State listed bat species.

b. OEP will require that a pre-tree clearing walk through of the site be conducted so
all trees to be removed can be reviewed.

All listed bat species are protected by state laws which prohibit killing, harming,
taking, or keeping them in your possession. Any observations of a bat species are to
be reported to OEP at (860) 594-2937 or (860) 594-2938.

16. The Contractor is hereby notified that the final placement and stabilization of all
surplus excavated material at designated disposal sites within the railroad right-of-
way shall be the responsibility of the Railroad.

GENERAL

170-3192 22
ADDENDUM NO. 1
 Rev. 2/6/2018

ITEM #0703030A – PLACEMENT OF CHANNEL BOULDER

Description: Work under this item shall consist of furnishing and placing individual boulders in
a single random location or in a cluster within an existing or proposed channel bed to improve or
create aquatic habitat. This item shall also include maintaining a stockpile of the material on the
Site, placement of the stockpiled material in the channel, and the removal and proper disposal of
all unused and unacceptable material.

Materials: The individual boulder type and size used shall be as noted on the plans or as
directed by the Engineer. The mineral composition and color of the individual boulder selected
shall replicate, to the extent possible, the existing boulders on-Site.

Individual boulder material for this item shall be sound, durable and free from decomposed
stones or other defects impairing durability, and shall be resistant to the action of air and water.

Material the Contractor proposes to use must be inspected and approved by the Engineer or
their authorized delegate prior to the excavation of existing on-Site material within the Project
limits or hauling of material from an off-Site source. The Contractor shall give the Engineer at
least 10 work days’ notice for scheduling of the inspection and approval of the individual
boulders.

The following will NOT be accepted:

 boulders consisting of sandstone, shale, or other rock material prone to disintegration
 boulders with visible cracks or spalling
 rock excavated from ledge (bedrock) formations or broken from larger boulders
 boulders with sharp corners, angular edges, or edges as a result of cutting or crushing
operations
 broken concrete.

Construction Methods: The Contractor shall submit for the Engineer’s approval a proposed
location plan for stockpiling individual boulders. The proposed location shall be suitable in size
and upland of the channel to minimize disruption to the channel or impact to wetland areas
caused by moving the materials to and from the stockpile during the placement of material. The
stockpile area shall be prepared in accordance with the “Required Best Management Practices”
in Article 1.10.03.

Prior to installation, the Contractor shall stake out the location for the placement of the
individual boulder by indicating each boulder location and shall notify the Engineer for a field
review. The final location will be at the discretion of the Engineer or their authorized delegate.

The Contractor shall provide the Engineer at least 10 work days’ notice prior to initiating the
placement of the individual boulders. The work and placement of the individual boulders shall
be in the locations indicated on the plans or as directed by the Engineer or their authorized
delegate. No work on the boulder placement will be allowed on-Site without the presence of the
Engineer or their authorized delegate in order to oversee the construction activities.

170-3192 23 ITEM NO. 0703030A

ADDENDUM NO. 1
 Rev. 2/6/2018

Equipment: When placing and maneuvering the individual boulders within the channel or
embedding individual boulders into the streambank, the Contractor shall use an excavator with
a bucket and thumb. Any other equipment proposed to be used shall be reviewed and approved
in advance by Engineer or their authorized delegate.

All disturbed areas, including the stockpile area, shall be permanently stabilized using
approved sediment and erosion control measures and in accordance with the required “Erosion
and Sedimentation Control Plan.”

Method of Measurement: This work will be measured for payment for each individual boulder
installed and accepted, including disposal of unacceptable and surplus materials.

Basis of Payment: This work will be paid for at the Contract unit price each for "Placement of
Channel Boulder,” completed and accepted. The price shall include all materials, equipment,
tools and labor incidental to the preparation of the stockpile area, excavation of channel bottom,
hauling of the material to the stockpile, and separation of any rock ledge or concrete debris,
storing and protecting (including but not limited to sedimentation controls and covering of
excavated material).

Pay Item Pay Unit

Placement of Channel Boulder Each

170-3192 24 ITEM NO. 0703030A

ADDENDUM NO. 1
 Rev. 10-20-17

ITEM #0950040A - CONSERVATION SEEDING FOR SLOPES

Description: The work included in this item shall consist of providing an accepted stand of
established conservation grasses by furnishing and placing seed as shown on the plans, permits,
or as directed by the Engineer within the wetland mitigation Sites(s) or other areas when
required.

Materials: All conservation grass mixture sources shall be locally obtained within the Northeast
USA (New England, New York, Pennsylvania, New Jersey, Delaware, or Maryland) in order to
preserve and enhance the diversity of native conservation grass species.

Three qualified conservation seed mixtures are detailed below:

1. New England Conservation/Wildlife Mix, New England Wetland Plants, Inc. 820 West
Street Amherst, MA 01002, or equal. Rate shall be 1 pound PLS per 1,750 sq. ft.

2. 5311 Conservation Mix, Ernst Conservation Seeds, Inc. 8884 Mercer Pike, Meadville,
PA 16335, or equal. Rate shall be 3-5 pound PLS per 1,000 sq. ft.

3. Vermont Conservation and Wildlife, Vermont Wetland Plant Supply, LLC, P.O. Box
153, Orwell, VT 05760, or equal. Rate shall be 1 pound PLS per 2,180 sq. ft.

Fertilizer, if required, shall meet the requirements of Article M.13.03.

Mulch shall meet the requirements of Article M.13.05.
Erosion control matting shall be bio-degradable and meet the requirements of Article M.13.09.

All conservation seed mixture sources shall be reviewed and approved by the Engineer in
advance of purchase and prior to application.

The Materials Certificate for all seed mixtures shall have a statement that certifies that the seed
mixture does not include any invasive species pursuant to Connecticut General Statutes Sec. 22a-
381d or any State Threatened or State Endangered species pursuant to Connecticut General
Statutes Sec. 26-303. The seed tags from the bags are to be removed by the Engineer upon
delivery and attached to the Materials Certificate. Seeding shall not occur if these requirements
are not met.

All approved seed mixtures shall be obtained in sufficient quantities to meet the pure live seed
(PLS) application rates as determined by the seed analysis of the mixture.

Construction Methods: Construction methods shall be those established as agronomically

acceptable and feasible and shall be approved by the Engineer. The methods described in Article
9.50.03 shall be amended as follows:

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ADDENDUM NO. 1
 Rev. 10-20-17

Conservation seeding for slopes for wetland mitigation Site(s): Seeding shall occur during the
fall season immediately following construction of the wetland mitigation Site(s). Seeding for
wetland mitigation Site(s) must occur from August 15th to October 31st.
For non-wetland mitigation Site(s), seeding shall occur during the dates specified in Article
9.50.03-2.

If seed is purchased in bulk rather than by PLS, the rate of application must be adjusted to meet
the required PLS seeding rate. This seeding rate shall be increased by the appropriate percentage
as determined by the following formula based off of the information provided on the seed tags at
delivery.

(Germination Percentage X Purity Percentage)/ 100 = Percentage PLS

The Engineer will verify that the seed is applied at a rate that will allow for 100 percent PLS.
Mowing will not be allowed within areas that are seeded with conservation seed mix, unless
authorized by the Engineer.

Method of Measurement: This work will be measured for payment by the number of square
yards of surface area of accepted established conservation grasses as specified.

Basis of Payment: This work will be paid for at the Contract unit price per square yard for
“Conservation Seeding for Slopes,” which price shall include all materials, maintenance,
equipment, tools, labor, and work incidental thereto. Partial payment of up to 50% may be made
for work completed, but not accepted. Full payment shall not be made until the area has been
accepted by the Engineer.

Pay Item Pay Unit

Conservation Seeding for Slopes S.Y.

170-3192 26 ITEM #0950040A

ADDENDUM NO. 1
 Rev. 10-03-17

ITEM #0950043A - WETLAND GRASS ESTABLISHMENT

Description: The work included in this item shall consist of providing an accepted stand of
established wetland grasses by furnishing and placing seed as shown on the plans, permits, or as
directed by the Engineer within the Wetland Mitigation Area(s) or other areas when required.

Materials: All wetland grass mixture sources shall be locally obtained within the Northeast
USA including New England, New York, Pennsylvania, New Jersey, Delaware, or Maryland in
order to preserve and enhance the diversity of native wetland grass species.

The placement of fertilizer, mulch or bio-degradable erosion control matting will not be
allowed within any wetland area.

All wetland seed mixture sources shall be approved by the Engineer prior to purchase.

Three (3) qualified wetland seed mixtures are as follows:

1. New England Wet Mix (Wetland Seed Mix), New England Wetland Plants, Inc. 820
West Street Amherst, MA 01002, or equal. Rate shall be 1 pound PLS per 2,500 sq. ft.

2. OBL Wetland Mix, Ernst Conservation Seeds, Inc. 8884 Mercer Pike, Meadville, PA
16335, or equal. Rate shall be 1 pound PLS per 2,000 sq. ft.

3. Vermont Wetland Shrub, Vermont Wetland Plant Supply, LLC, P.O. Box 153, Orwell,
VT 05760, or equal. Rate shall be 1 pound PLS per 2,420 sq. ft.

All seed mixtures must be reviewed and approved by the Engineer prior to application. All
seed Materials Certificates must have seed mixtures that shall not include any invasive species
pursuant to Connecticut General Statute Sec. 22a-381d, or any State Threatened or State
Endangered species known pursuant to Connecticut General Statute Sec. 26-303 which would be
a violation of the Connecticut Endangered Species Act. The seed tags from the bags are to be
removed by the Engineer upon delivery and attached to the Materials Certificate. No seeding
shall occur if the requirements are not met.

All approved seed mixtures shall be obtained in sufficient quantities to meet the pure live seed
(PLS) application rates as determined by the seed analysis of the mixture.

Construction Methods: Construction methods shall be those established as agronomically

acceptable and feasible and approved by the Engineer.

Wetland grass establishment seeding for Wetland Mitigation Site(s): Seeding shall occur
during the fall season immediately following construction of the wetland site(s). Fall seeding
must occur from August 15th to October 31th.

170-3192 27 ITEM #0950043A

ADDENDUM NO. 1
 Rev. 10-03-17

Wetland grass establishment seeding for areas other than the Wetland Mitigation Site(s), when
required: Seeding dates shall adhere to Form 817 Section 9.50 – Turf Establishment.

Seeding shall be applied to wetland areas that will not be routinely inundated. If seed is
purchased in bulk rather than by PLS, the rate of application must be adjusted to meet the
required PLS seeding rate. This seeding rate shall be increased by the appropriate percentage
based on the information provided on the seed tags at delivery, as determined by the following
formula:

(Germination Percentage X Purity Percentage)/100 = Percentage PLS

The Engineer shall verify that the seed is applied at a rate that will allow for 100% PLS.

Method of Measurement: This work will be measured for payment by the number of square
feet of surface area of established wetland seed mixture, planted, and accepted as specified or by
the number of square feet of surface area of seeding actually covered as specified.

Basis of Payment: This work shall be paid at the Contract unit price per square foot for
“Wetland Grass Establishment,” which price shall include all materials maintenance, equipment,
tools, labor, transportation, operations and all work incidental thereto. Partial payment of up to
50% may be made for work completed, but not accepted. Full payment shall not be made until
the area has been accepted by the Engineer.
Pay Item Pay Unit
Wetland Grass Establishment S.F.

170-3192 28 ITEM #0950043A

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 Rev. 6/16/2017

ITEM #0952051A - CONTROL AND REMOVAL OF INVASIVE VEGETATION

Description: This work shall include the development and implementation of an Invasive
Vegetation Removal Plan (IVRP) to outline the materials, labor, and equipment the Contractor
plans to use for the complete eradication and treatment of the invasive vegetation. The work shall
also include the identification, excavation, removal, and off-Site disposal of unwanted vegetation
as indicated on the plan sheets, permits or as directed by the Engineer.

All invasive vegetation listed on the following websites will be subject to eradication:
 Connecticut Invasive Plant Working Group (CIPWG) Invasive Plants Council
(http://cipwg.uconn.edu/invasive_plant_list/ )
 US Army Corps of Engineers (ACOE) New England District Compensatory Mitigation
Guidance Appendix K
(http://www.nae.usace.army.mil/portals/74/docs/regulatory/Mitigation/2016_New_Engla
nd_Compensatory_Mitigation_Guidance.pdf)

All vegetation designated for removal shall be eradicated in its entirety in accordance with the
IVRP submitted by the Contractor and approved by the Engineer. Certain situations may require
the full and complete mechanical excavation of invasive vegetation including its entire root system.
The use of herbicides will not be permitted between the dates of October 1 and May 31.

Materials: All herbicides shall be registered for the species being treated and shall be formulated
as applicable for target-species foliar treatment, cut surface, or injection applications. Where work
in or immediately adjacent to wetlands is necessary, the product label(s) for any chemical/adjuvant
formulation applied must indicate that the formulation is approved for aquatic environments.

Construction Methods:
1. IVRP: Prior to any ground disturbance within the Project limits, the Contractor shall submit
an IVRP to the Engineer for review and approval. Within 30 days of receipt of the submittal, the
Engineer will notify the Contractor whether the IVRP is approved, rejected or requires
modifications by the Contractor. If any part of the plan is not approved, the Contractor shall
promptly make any necessary changes and re-submit the entire plan for approval. The entire plan
must be approved in writing prior to beginning any work on Site. In all cases, mechanical means
shall be considered before the use of herbicides. If mechanical means is neither feasible nor
recommended, an explanation must be provided in the IVRP. All removal methods shall prevent
the spread of seeds – no mowing or “Brush Hog” equipment will be allowed. The approved
methods must be capable of total removal and eradication of all identified invasive species in the
designated areas throughout the Contract and the 1-Year Plant Establishment Period.

The IVRP shall include a schedule and outline with the following information:
1) The Contractor’s methods of determining invasive vegetation surveyed limits, including:
a. Stake out the limits prior to the initial treatment
b. Maintain a record of the staked limits throughout the life of the Contract
2) Identification of the type(s) of invasive species present within the field surveyed limits
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3) A marked up plan sheet outlining the invasive species limits and identifying the types of
invasive species present within those limits and total square yards of proposed removal
4) For each species present on-Site, the following shall be described:
a. Methods to eradicate specific invasive plant species for the life of the Contract (e.g.
mechanical, herbicide, etc.) shall include any initial, intermediate and 1-Year Plant
Establishment Period Treatment eradication methods for each plant species
b. Types and concentrations of any herbicides to be used, including any adjuvants,
SDS sheets, types of tools or machinery to be used
c. Schedules showing dates and eradication methods for the initial, intermediate, and
1-Year Plant Establishment Period Treatments. This schedule must take into
consideration stage construction, the time period required between herbicide
application, and the physical removal of the target species wherever such
methodology is employed
5) All invasive species are considered controlled materials and are to be taken off-Site to an
approved disposal facility. For disposal methods:
a. Provide address of location, current permits / letters from the town authorizing such
activity and a Site map (complete with regulated areas)
b. Wood chips from invasive species are not allowed to be stockpiled or reused on-
Site
c. Wood chipping on-Site will be allowed if temporarily stored in a properly
contained enclosure and removed at the end of the treatment cycle
d. Invasive plants shall not be buried on-Site
6) Proof of CT DEEP licensure for herbicide application
7) A description of safety equipment required
8) Procedures for handling chemical spills

Where certain species of invasive vegetation are present and identified on the plan sheets,
permits, or as identified in the field by the Engineer, the removal via bulk mechanical excavation
of such vegetation and the underlying soils may be required as directed. The approved method
must be capable of the removal of all soil to a depth where invasive plant material and root system
is no longer evident, or as directed by the Engineer.

Whether the Contractor’s method of removal is by mechanical excavation or cutting and spraying
of herbicides, invasive species must be removed separately from clearing and grubbing operations
and disposed at an approved location as described in the Contractor’s IVRP.

No equipment or vehicles other than that required to complete the work will be permitted in the
areas designated for invasive vegetation removal. Any equipment used to process invasive
vegetation, such as chippers and transport vehicles, must be cleaned prior to further use.

Any invasive species control and removal work performed throughout the duration of the
Contract that causes damage or soil disturbance shall be repaired at the Contractor’s expense
within 7 days. It is the Contractor’s responsibility to identify additional areas of concern for
invasive vegetation within the limits of the Project, notify the Engineer, and to amend the IVRP.

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The Contractor shall be responsible to identify invasive vegetation at all times of the year and to
prepare a plan for its eradication without assistance.

All treatments, with the exception of an initial mechanical excavation of invasive species, will
not be allowed outside of the optimal growing season between the dates of October 1 and May 31.

Herbicide applications will not be permitted during any rain event or during windy conditions.
Broadcast or uncontrolled spray application will not be permitted and care must be taken to
avoid contacting non-target native species. If any non-target native species to remain within the
Project limits are inadvertently treated with herbicide and perish, the Contractor will be
responsible to replace in-kind species at no cost to the State.

Remove all twining vines in treetops to the greatest extent possible without damaging the
branches of the supporting desired vegetation. Cut and remove vines overtopping tree canopies
to the extent practical. Climbing spikes will not be permitted for aerial work.

The Contractor shall also:

1) Maintain the labels for herbicides being used in his/her possession
2) Conduct all herbicide formulations and applications, including the addition of appropriate
surfactants and other adjuvants, in strict conformance with the manufacturer's
recommendation and per requirements of regulatory agencies
3) Maintain a written record of herbicide application, including the formulation,
concentration, area treated, and date for each application. The records are to be provided
by the commercial applicator and submitted to the Engineer following each treatment

Flush cut brush and trees shall not be more than 2 inches above the ground line. Prune out any
branches on non-treatment plants that are damaged during removal of vegetation. All corrective
pruning shall conform to the National Arborists Association Pruning Standards.

Wherever removal operations result in exposed soils, disturbed areas shall be vegetatively
stabilized with the appropriate seed mix and protected with hay, cellulous fiber mulch, or erosion
control matting.

Once the IVRP is approved, a field review shall be scheduled for the Contractor and Engineer to
review the limits of invasive species removal (surveyed and flagged by the Contactor prior to the
meeting), the specific species required to be removed, and the Contractor’s submitted invasive
species removal plan. At this time, the Engineer may identify additional invasive species or
designate additional areas for removal that are not included with the Contractor’s submitted
IVRP.

If changes are required to the approved IVRP during the life of the Contract, these changes
shall be documented by the Contractor and resubmitted to the Engineer for review and approval
a minimum of 10 days prior to beginning of the additional work associated with the change. The
Contractor shall provide a 10 day work notice to the Engineer prior to proceeding with each
treatment.
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2. Treatments: The treatment schedule below may be modified based on field conditions at the
discretion of the Engineer. The Contractor shall provide a 10 day work notice to the Engineer
prior to proceeding with each treatment. In all cases, each treatment must be reviewed once the
work is performed, and accepted before payment is made for that treatment stage.

Initial Treatment: Shall commence at the beginning of the Contract time, prior to clearing and
grubbing activities. Any invasive species found within a proposed cut slope shall be fully
eradicated to the satisfaction of the Engineer prior to any earth work operations. After the
completion of the initial treatment, the work must be reviewed and accepted by the Engineer
prior to any earth excavation in that area. If herbicide is the initial treatment method, a minimum
of 14 days is required prior to clearing and grubbing operations, so the herbicide application can
take effect.

Intermediate Treatment(s): Shall be conducted during the optimal growing season between the
dates of June 1 and September 30 for invasive species up to and including 10 days prior to plant
installation or at the end of the Project if no landscaping plan is in the Contract. Optimal
treatment times may be specific to the species being treated and this must be considered and
documented when developing the Invasive Vegetation Removal Plan. Several treatments may be
required to treat all species that are present.

1-Year Plant Establishment Period Treatment: Treatments as needed or as directed by the

Engineer shall be conducted throughout the 1-Year Plant Establishment Period or when required
under another Contract item.

Method of Measurement: This work will be measured for payment by the number of square
yards of invasive vegetation identified, surveyed, treated and eradicated as required including any
required re-treatment of any regrowth or new growth. No additional payment will be made for
subsequent treatments. The area for removal will be surveyed and flagged prior to treatment and
measured. After a review of the surveyed limits, the Engineer may designate additional areas for
removal that are not shown on the plans. These additional areas will be measured for payment and
included as part of the Contract work.

Where selective removal is required, the square yards of the drip line of the invasive vegetation
will be measured for payment.

Basis of Payment: This work will be paid for at the Contract unit price per square yard for
"Control and Removal of Invasive Vegetation.” This payment shall include all labor, surveys,
materials, tools, and equipment necessary for limits of the invasive area(s); maintenance of the
limits throughout the Project; species identification; and cutting, excavation, treating, re-treating,
removal, and off-Site disposal of designated invasive plant material. Off-Site disposal of residue
shall include the loading, transport, dumping, and fees associated with legal off-site disposal.

 Upon approval of the required IVRP, the Contractor will receive a payment equal to 10%
of the estimated Contract value
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 Upon initial herbicide or mechanical removal treatment methods as it is described in the

IVRP, the Contractor will receive a payment equal to 20% of all areas receiving treatment
 Upon successful completion of the initial treatment period, as determined during the review
by the Engineer, the Contractor will receive a payment equal to 20%
 Upon successful completion of the intermediate treatment period as determined during the
Site review by the Engineer, the Contractor will receive a payment equal to 20%
 Upon successful completion of the 1-Year Plant Establishment Period covering all treated
areas on the Project (or the last treatment for those Projects which may not include a 1-Year
Plant Establishment Period), the Contractor will receive final payment equal to the
measured areas in place and treated, less any previous payments

Where bulk excavation is required for removal, this work shall be covered under the Contract
Item “Earth Excavation” for all excavation in excess of 2 feet. All other vegetation not designated
as invasive vegetation shall be removed in compliance with the Item “Clearing and Grubbing” in
accordance with Section 2.01.

Vegetative stabilization of disturbed areas will be paid for under the respective Contract Items:
“Turf Establishment,” “Wetland Grass Establishment,” or “Conservation Seeding for Slopes.”

Pay Item Pay Unit

Control and Removal of Invasive Vegetation s.y.

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