0088-0203 Contract Special Provisions.pdf

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Attached to
Replace Noise Barrier/Guardrail on Route 72 EB in the City of New Britain
Solicitation number
0088-0203
Issued by
Hartford County, Connecticut

About this file

Summary of Special Provisions Document

This document comprises special provisions for Connecticut Department of Transportation (CTDOT) Contract 0088-0203, establishing detailed requirements for the replacement of a noise barrier and guardrail on Route 72 eastbound between Route 555 and Route 372 in the City of New Britain. The project has an allowed contract time of 262 calendar days, with liquidated damages assessed at $1,200 per day for schedule overruns and variable hourly rates ranging from $500 to $60,000 depending on lane closures and time periods. Traffic maintenance and protection restrictions are strictly enforced through a Limitation of Operations chart, prohibiting work during state-observed legal holidays and holiday periods while permitting one to two lane closures during specified non-peak hours on weekdays. The contractor must be prequalified for Group Number 17—Incidental Construction: Fencing—to be eligible to bid, and all submittals must be submitted through CTDOT's Construction Document Management System (COMPASS). Early submittals are required for ground-mounted sound barrier items and test pits due to long lead times and existing utility conflicts, particularly an underground gas line near Station 114+10.

The project involves significant environmental and health and safety considerations, including management of hazardous materials—specifically pressure-treated wood posts characterized as RCRA hazardous waste due to arsenic contamination—which must be disposed of at EPA-permitted facilities within 90 days of generation. The contractor must develop and implement a comprehensive Health and Safety Plan addressing potential exposure to hazardous materials and comply with 29 CFR 1910.120 and 1926.65 regulations, with all costs included in the general contract price. A small contractor set-aside requirement mandates that not less than five percent of the final contract value be subcontracted to certified small contractors or small contractor minority business enterprises, with failure to meet this goal resulting in payment deductions unless good faith efforts are documented. The contractor must utilize AASHTOWare Project software for electronic payroll submissions and project payment verification, provide designated staff within ten days of contract execution, and coordinate activities with existing infrastructure including Incident Management System conduits, highway illumination facilities, and bat species protection protocols with tree-clearing restrictions from April 15 to October 31.

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TABLE OF CONTENTS OF SPECIAL PROVISIONS

Note: This Table of Contents has been prepared for the convenience of those using this contract with the sole express purpose of locating quickly the information contained herein; and no claims shall arise due to omissions, additions, deletions, etc., as this Table of Contents shall not be considered part of the contract.

0088-0203

Table of Contents

CONTRACT TIME AND LIQUIDATED DAMAGES

NOTICE TO CONTRACTOR - PRE-BID QUESTIONS AND ANSWERS

NOTICE TO CONTRACTOR – MANDATED USE OF AASHTOWARE

PROJECT CONSTRUCTION MANAGEMENT SOFTWARE (CONSTRUCTION)

NOTICE TO CONTRACTOR – MAINTENANCE AND PROTECTION OF

TRAFFIC

NOTICE TO CONTRACTOR - ELECTRONIC ENGINEERING DATA (EED)

NOTICE TO CONTRACTOR – EXISTING IMS

NOTICE TO CONTRACTOR – EXISTING CTDOT HIGHWAY

ILLUMINATION FACILITIES

NOTICE TO CONTRACTOR – Soil Re-Use Area

NOTICE TO CONTRACTOR – HAZARDOUS MATERIALS

INVESTIGATIONS

NOTICE TO CONTRACTOR – EARLY SUBMITTALS

NOTICE TO CONTRACTOR - CDMS SUBMITTALS

SMALL CONTRACTOR AND SMALL CONTRACTOR MINORITY

BUSINESS ENTERPRISES (SET-ASIDE)

SECTION 1.02 - PROPOSAL REQUIREMENTS AND CONDITIONS

SECTION 1.05 - CONTROL OF THE WORK

SECTION 1.07 – LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 1.08 – PROSECUTION AND PROGRESS

SECTION 1.10–ENVIRONMENTAL COMPLIANCE

ITEM #0101000A - ENVIRONMENTAL HEALTH AND SAFETY

ITEM #0202317A – DISPOSAL OF HAZARDOUS MATERIALS

ITEM #0202452A – TEST PIT

ITEM #0210821A—WATER POLLUTION CONTROL

ITEM #0219011A – SEDIMENT CONTROL SYSTEM AT CATCH BASIN

ITEM #0406315A – 80 MIL PAVEMENT MARKING GROOVE 7” WIDE

ITEM #0406999A - ASPHALT ADJUSTMENT COST

ITEM #0819002A - PENETRATING SEALER PROTECTIVE COMPOUND

ITEM #0824052A – REMOVE EXISTING CONCRETE BARRIER CURB

ITEM #0913027A – REMOVE AND RELOCATE CHAIN LINK FENCE

ITEM #0913984A – TEMPORARY PROTECTIVE FENCE

ITEM #0916100A—GROUND-MOUNTED SOUND BARRIER

ITEM #0916101A—GROUND-MOUNTED SOUND BARRIER (EARTH

RETAINING PANELS)

ITEM #0916219A—ROCK IN POLE EXCAVATION

ITEM #0916406A – REMOVE NOISE BARRIER WALL

ITEM #0917010A - REPAIR GUIDERAIL

ITEM #0950040A - CONSERVATION SEEDING FOR SLOPES

ITEM #0969062A - CONSTRUCTION FIELD OFFICE, MEDIUM

ITEM #0971001A – MAINTENANCE AND PROTECTION OF TRAFFIC

ITEM #1014901A - REMOVE CABLE

ITEM #1206023A - REMOVAL AND RELOCATION OF EXISTING SIGNS

0088-0203 1

ITEM #1210113A—6” \(WHITE\) TYPE I EPOXY RESIN PAVEMENT

MARKINGS

ITEM #1806226A – PRE-WARNING VEHICLE

PERMITS AND/OR REQUIRED PROVISIONS:

0088-0203 2

01-21-2026

GENERAL

April 1, 2026

STATE PROJECT NO. 0088-0203

Replace Noise Barrier/Guiderail on Route 72 Eastbound Between CT 555 & 372

City of New Britain

The State of Connecticut, Department of Transportation, Standard Specifications for Roads, Bridges, Facilities and Incidental Construction, Form 819, dated 2024, as revised by the Supplemental Specifications dated July, 2025 (otherwise referred to collectively as "ConnDOT Form 819") is hereby made part of this contract, as modified by the Special Provisions contained herein. The current edition of the State of Connecticut Department of Transportation's "Construction Contract Bidding and Award Manual" ("Manual"), is hereby made part of this contract. If the provisions of this Manual conflict with provisions of other Department documents (not including statutes or regulations), the provisions of the Manual will govern. The Special Provisions relate in particular to the Noise Barrier Replacement on Route 72 Eastbound in the City of New Britain.

CONTRACT TIME AND LIQUIDATED DAMAGES

To minimize the hazard, cost and inconvenience to the traveling public and pollution of the environment, it is necessary to limit the time of construction work, which interferes with traffic as specified in Article 1.08.04 of the Special Provisions.

There will be two assessments for liquidated damages and they will be addressed in the following manner:

1. For this contract, an assessment per day for liquidated damages, at a rate of One Thousand Two Hundred Dollars ($1,200) per day shall be applied to each calendar day the work runs in excess of the two hundred sixty-two (262) allowed calendar days for the contract.

2. For this contract, an assessment per hour for liquidated damages shall be applied to each hour, or any portion thereof, in which the Contractor interferes with normal traffic operations during the restricted hours given in Article 1.08.04 of the Special Provisions.

The liquidated damages shall be as shown in the following tables entitled “Liquidated Damages Per Hour” for each hour, or any portion thereof, in which the Contractor interferes with normal traffic operations during the restricted hours.

0088-0203 3

01-21-2026

For the purpose of administering this contract, normal traffic operations are considered interfered with when:

1. Any portion of the travel lanes or shoulders is occupied by any personnel, equipment, materials, or supplies including signs.

2. The transition between the planes of pavement surfaces is at a rate of one inch in less than fifteen feet longitudinally.

ROUTE 72 – LIQUIDATED DAMAGES PER HOUR

Project No. 0088-0203

Route 72 Eastbound

Route 9 NB Off-Ramp (MP 0.34) To I-84 WB On-Ramp (MP 2.61) 3 Lane Section

If Working Period Extends into

AM

1 Lane Closure

AM

2 Lanes Closure

PM

1 Lane Closure

PM

2 Lanes Closure

1st Hour of Restriction Violation $500 $7,000 500

$500

2nd Hour of Restriction Violation $500 $40,000 500 $5,000

3rd Hour or any Subsequent Hour of Restriction Violation

$500 $60,000 500 $15,000

The above liquidated damages apply to those hours shown on the Limitation of Operations charts designated with a “0”, “S”, “1”, or “2”.

“S” = Shoulders are allowed to be closed = all available travel lanes, including exit only lanes, climbing lanes, and gore areas shall be open to traffic during this time period.

The above liquidated damages shall be applied when the actual number of lanes closed exceeds the number of lanes allowed to be closed, as dictated in the Limitation of Operations Chart.

If all available shoulder widths or gore areas are not available to traffic for each hour designated with a “0” on the Limitation of Operations Charts, then liquidated damages of $500 shall apply for each hour, or part thereof.

0088-0203 4

September 2016

NOTICE TO CONTRACTOR - PRE-BID QUESTIONS AND ANSWERS

Questions pertaining to DOT advertised construction projects must be presented through the CTDOT Pre-Bid Q and A Website. The Department cannot guarantee that all questions will be answered prior to the bid date. PLEASE NOTE - at 9:00 am Monday (i.e. typical Wednesday Bid Opening) the project(s) being bid will be closed for questions, at which time questions can no longer be submitted through the Q and A Website.

Answers may be provided by the Department up to 12:00 noon, the day before the bid. At this time, the Q and A for those projects will be considered final, unless otherwise stated and/or the bid is postponed to a future date and time to allow for further questions and answers to be posted.

If a question needs to be asked the day before the bid date, please contact the Contracts Unit staff and email your question to dotcontracts@ct.gov immediately.

Contractors must identify their company name, contact person, contact email address and phone number when asking a question. The email address and phone number will not be made public.

The questions and answers (if any) located on the Q and A Website are hereby made part of the bid/contract solicitation documents (located on the State Contracting Portal), and resulting contract for the subject project(s). It is the bidder’s responsibility to monitor, review, and become familiar with the questions and answers, as with all bid requirements and contract documents, prior to bidding. By signing the bid proposal and resulting contract, the bidder acknowledges receipt of, and agrees to the incorporation of the final list of Q and A, into the contract document.

Contractors will not be permitted to file a future claim based on lack of receipt, or knowledge of the questions and answers associated with a project. All bidding requirements and project information, including but not limited to contract plans, specifications, addenda, Q and A, Notice to Contractors, etc., are made public on the State Contracting Portal and/or the CTDOT website.

0088-0203 5 mailto:dotcontracts@ct.gov

Rev. 10/28/22

NOTICE TO CONTRACTOR

NOTICE TO CONTRACTOR – MANDATED USE OF AASHTOWARE

PROJECT CONSTRUCTION MANAGEMENT SOFTWARE (CONSTRUCTION)

The Contractor shall use AASHTOWare Project® software as outlined in the specifications noted below. This will require that the Contractor and all subcontractor(s) designate and dedicate staff within 10 days after the execution of the Contract or approval to sublet as appropriate. It will also require the Contractor and all subcontractors to provide internet access, computing devices suitable for this work, training, and other related work as outlined in the specifications noted below.

All costs for these requirements shall be included in the general cost of the work.

The following special provisions are pertinent to, and detail the requirements for, this work:

SECTION 1.05 - CONTROL OF THE WORK

Article 1.05.12 – Payrolls This Article outlines the requirements for submission of payrolls.

Article 1.05.25 –Use of AASHTOWare Project® Software This Article outlines the overall requirements for the use of the AASHTOWare Project® Software.

SECTION 1.08 – PROSECUTION AND PROGRESS

Article 1.08.01—Transfer of Work or Contract This Article outlines the requirements for subcontractor payment and payment verifications.

0088-0203 6

Rev. Date 2/18/2026

NOTICE TO CONTRACTOR – MAINTENANCE AND PROTECTION OF

TRAFFIC

1.08.04– Limitation of Operations

Typical language “Lane Closure Restrictions” is now included in 1.08.04 in the Standard Specifications Form 819 July 2025 Supplements and is no longer included in the 1.08.04 special provision.

0971001A – Maintenance and Protection of Traffic

Typical requirements and guidance for Maintenance and Protection of Traffic are now included in Section 9.71 in the Standard Specifications Form 819 July 2025 Supplements and are no longer included in the 0971001A special provision.

Section 9.71 has been updated to include the Typical Construction Traffic Control Plans which have been updated to comply with the latest MUTCD.

Refer to updated requirements and guidance in the Standard Specifications Form 819 with July 2025 Supplements which can be found on the CTDOT web site: Standard Specifications for Roads, Bridges, Facilities and Incidental Construction, Form 819.

Supplemental project specific requirements are still included in the special provisions for

1.08.04 and 0971001A.

0088-0203 7 https://portal.ct.gov/dot/-/media/dot/aec/form_819_july_2025.pdf?rev=38732303868d48c2a7b05fb4667edd16 https://portal.ct.gov/dot/-/media/dot/aec/form_819_july_2025.pdf?rev=38732303868d48c2a7b05fb4667edd16

Rev. Date 12/10/2021

NOTICE TO CONTRACTOR - ELECTRONIC ENGINEERING DATA (EED)

The EED is an assembly of engineering data files that were used to produce the Contract plans.

Electronic Engineering Data (EED) is provided for information purposes only. In case of conflict between the EED and the Contract plans and specifications, the contract plans and specifications shall govern. The EED has been reviewed by the Department for quality control purposes, but it is the Contractor’s responsibility to build the Project per the contract plans and specifications.

The EED is being provided to the Engineer for GPS/RTS inspection. The Contractor may use the EED to assist in bidding, layout, and Automated Machine Control/Guidance.

The EED includes geospatially correct 2D CAD files and may include horizontal and vertical alignment data files, 3D surface model files (break-line features and triangles) and a preference file. The data is being provided in one of the MicroStation versions, consisting of native and converted formats:

MicroStation V8i (InRoads)

• Native Format o Bentley MicroStation CAD files (dgn) o Bentley SS2 InRoads Alignment Files (alg) o Bentley SS2 InRoads Digital Terrain Models (dtm) o Bentley SS2 InRoads Preference File (xin)

• Converted Format (for use in GPS/RTS Site equipment) o AutoCAD CAD files (dxf) o Alignment files (xml) o Surface Models (xml)

MicroStation CONNECT (OpenRoads)

• Native Format o Bentley CONNECT MicroStation CAD files (dgn – contains CAD graphics, OpenRoads alignments and terrain models)

• Converted Format (for use in GPS/RTS Site equipment) o AutoCAD CAD files (dxf) o Alignment files (xml – exported from CONNECT MicroStation CAD file) o Surface Models (xml – exported from CONNECT MicroStation CAD file)

For a complete list of EED files, see the EED file manifest (PDF) located in the EED_0088-0203.zip file (0088-0203 is the project number) which is posted with the contract PS&E’s on the State Contracting portal. The EED zip file can also be found in the project COMPASS page in the Contract Documents/100_Contract_Plans (PDF)\ folder.

0088-0203 8

Rev. Date 10/23/25

NOTICE TO CONTRACTOR – EXISTING IMS

The Contractor is herein made aware of existing Incident Management System (IMS) conduit and appurtenances located in the area of the proposed noise barrier and metal beam rail replacements along Route 72 WB and the Exit 2 WB off-ramp from Route 72 WB. The Contractor will be responsible for maintaining the existing IMS conduits and appurtenances throughout the duration of the project.

The Contractor will be responsible for locating, verifying the location of, and protecting all existing IMS conduits and appurtenances below and above ground. Copies of IMS as-built site plans are available and will be provided to the Contractor upon request by contacting Mr. Zoltan Rigo (Zoltan.Rigo@ct.gov) of CTDOT Highway Operations. Prior to the start of construction, the Contractor shall contact Call Before You Dig (CBYD) by dialing 811 or creating a ticket using the E-Ticket system available on CBYD.com. The Contractor shall also contact Mr. Zoltan Rigo regarding the mark-out of IMS conduit and appurtenances.

In areas adjacent to existing IMS equipment, the Contractor is required to hand excavate. Any damage to the IMS conduit/equipment caused by the Contractor’s work operation will be the responsibility of the Contractor and will be replaced by the Contractor at the Contractor’s expense, as directed by the Engineer. Mark-out of the IMS conduit and appurtenances will not relieve the Contractor of responsibility for repair of damage caused by the Contractor or the Contractor’s sub-contractors.

0088-0203 9 mailto:Zoltan.Rigo@ct.gov

Rev. Date 10/14/2025

NOTICE TO CONTRACTOR – EXISTING CTDOT HIGHWAY

ILLUMINATION FACILITIES

The Contractor is hereby advised that there is existing active highway illumination facilities (light poles and foundations, underground conduit and cable, concrete handholes, lighting control cabinets, bridge conduits (cast in structure) located within the project limits.

The Contractor shall carry out the project work in such a manner as to avoid causing damage to the existing highway illumination facilities. It is the Contractor’s responsibility to review and become familiar with the plans for the existing highway illumination system prior to starting any work within the project limits. Existing lighting plans are available from the Department upon request. Under no circumstances shall the Contractor’s work disrupt the proper nighttime operation of the existing highway illumination facilities. Prior to any trenching the Contractor shall contact “Call Before You Dig” (811 or 1-800-922-4455) and CTDOT District Electrical Maintenance (860-566-3156) to have all existing underground lighting circuits marked out. The Contractor shall not undertake any trenching operation until the underground lighting circuits are properly marked. The Contractor is hereby forewarned that the existing underground highway lighting cable and conduit is located at a depth of 24” below finished grade and that all lighting circuits operate at 480 volts.

The Contractor shall immediately inform the Engineer if construction operations cause damage to any part of the existing highway illumination system. The Contractor shall be responsible for any damage caused to highway illumination equipment and materials incurred during the project construction operations. All repairs or replacements due to damage by the Contractor shall be made at the Contractor's expense.

In the event the Contractor damages existing highway lighting cable in duct, the Contractor shall install a new complete section of cable in duct, spanning the area of damage, to the nearest splice point (concrete handhole and/or light standard) on either side of the damaged duct. Cable in duct with ground wire shall conform to Section 10.14 and 10.15 and shall consist of 3 #2 AWG conductors with XHHW insulation rated at 600 volts with a single No. 8 bare copper grounding conductor. For three phase, 480 volt, lighting systems lighting conductors shall be color coded:

red, black, and blue. For single phase, 240 volt, lighting systems lighting conductors shall be color coded: red and black.

For information concerning the existing illumination systems the Contractor shall contact Mr.

Britton Wilson District 1 Electrical Maintenance at 860-566-3156. For existing lighting plans the Contractor shall contact Mr. Joseph Veturis of CTDOT Facilities Electrical at 860-594-2756 or joseph.veturis@ct.gov.

0088-0203 10

NOTICE TO CONTRACTOR – Soil Re-Use Area

The Contractor is hereby notified of the following conditions when the use of median and gore areas are needed for excess soil storage. Note: Existing Conservation Areas are not allowed for any Construction activity.

• All areas must be reviewed by Central Maintenance and approved by the District

Director.

• A plan sheet of the finished grades for the proposed site must be submitted to

Central Maintenance and the District for review and comment.

• If the area is needed for excess construction soil the soil piles will have finish slopes no greater than 6:1. These areas need to be maintained by regular mowing when complete.

• If soil is placed all areas will be smoothed and rounded when finished. No woody debris and or large rocks.

• The finished areas will be seeded with either wildflower seed mix ITEM

#0945005A and/ or Conservation seed mix ITEM #0950040A under the direction of Central Maintenance or their designated appointee. Please note the Wildflower

Mix must be accompanied by a cover crop at 30 lbs per acre (grain oats, Jan 1-

Aug 1; grain rye, Aug 1-Jan 1).

• All existing drainage ways must be re-established at the toe of slope and fully functioning before Project close-out.

• If there is no existing drainage swales must be established at the toe of slope to allow for stormwater runoff.

• If designed drainage runs need to be implemented Construction will be responsible for the permit modifications and the design.

• Work area must be clear of any invasive species.

• All areas must be free of any Construction BMPs upon completion—no silt fence, anti-tracking pads, wattles, etc.

0088-0203 11 kimbk Text Box

Rev. Date 10/28/25

NOTICE TO CONTRACTOR – HAZARDOUS MATERIALS

INVESTIGATIONS

A limited hazardous materials site investigation has been conducted to support the Noise Barrier replacement project along Route 72 Eastbound and Exit 2 Ramp in New Britain, Connecticut. The scope of inspection was limited to the representative components projected for impact.

Results from TCLP hazardous waste characterization sampling for RCRA 8 metals identified hazardous leachable levels of arsenic (>5.0 mg/L) present in the pressure treated wood support posts of the wall, and therefore, they are characterized as CTDEEP/RCRA hazardous waste. The pressure treated slats of the noise barrier wall were also sampled for TCLP RCRA 8 metals and were found to be non-hazardous.

Black sound padding found between wood panels and pillars was sampled and found to contain no asbestos.

No suspect hazardous materials were identified associated with the metal guiderails or concrete barriers projected to be impacted by the noise barrier replacement project.

No regulated or hazardous waste, bloodborne pathogen (BBP) concerns, or bird/pigeon guano accumulations were identified near the noise barriers.

The Contractor is hereby notified that these hazardous materials requiring special management or disposal procedures will be encountered during various construction activities conducted within the project limits. The Contractor will be required to implement appropriate health and safety measures for all construction activities impacting these materials. These measures shall include, but are not limited to, air monitoring, engineering controls, personal protective equipment and decontamination, equipment decontamination and personnel training. WORKER HEALTH AND SAFETY

PROTOCOLS WHICH ADDRESS POTENTIAL AND/OR ACTUAL RISK OF EXPOSURE TO

SITE SPECIFIC HAZARDS ARE SOLELY THE RESPONSIBILITY OF THE CONTRACTOR.

The Department, as Generator, will provide an authorized representative to sign all manifests and waste profile documentation required by disposal facilities for disposal of hazardous materials.

The Sections which shall be reviewed by the Contractor include, but are not limited to, the following:

• Item No. 0101000A – Environmental Health & Safety

• Item No. 0202317A – Disposal of Hazardous Materials

The Contractor is alerted to the fact that a department environmental consultant may be on site for abatement and related activities, to collect environmental samples (if necessary), and to observe site conditions for the State.

Information pertaining to the results of the limited hazardous materials investigation discussed can be found in the document listed below. This document shall be available for review electronically.

• HazMat Inspection Letter, Route 72 Noise Barrier Replacement. Westbound Exit 2 and Eastbound, New Britain, CT, TRC Environmental Corporation, May 14, 2025.

0088-0203 12

Rev. Date 02/13/26

NOTICE TO CONTRACTOR – EARLY SUBMITTALS

The Contractor is hereby advised that the Department has identified the potential need to order certain materials and equipment and thereby submit certain submittals for approval early in the construction process to ensure the Project is completed within the allowable Contract Time.

Submittals shall be in accordance with Form 819 Article 1.05.02. The following items have been identified:

• 0916100A – Ground-Mounted Sound Barrier

• 0916101A – Ground-Mounted Sound Barrier (Earth Retaining Panels)

The following items have been identified as possibly requiring early submission for purposes of project coordination and project work scheduling:

• Baseline Critical Path Schedule

• Contractor’s Submittal Schedule

• Survey of the Existing Noise Barrier Height

• 0202452A – Test Pit

The lists above are not intended to be all-inclusive and do not relieve the Contractor from coordinating the activities of its subcontractors and suppliers. The Contractor will not be permitted to perform any physical work on the Project without the approval of the required submittals. Failure to properly plan for long lead items within the Contract schedule will not be justification for additional construction time.

It is recommended that the Contractor identify early in the construction sequencing process the subcontractors and suppliers associated with long lead-time items and submit accordingly upon

Award.

Test pits are identified for early action due to the existing utilities that are present. The location of the underground gas line near Station 114+10 shall be determined before the layout of the noise barrier can be confirmed.

0088-0203 13

Rev.5/17/2024

NOTICE TO CONTRACTOR - CDMS SUBMITTALS

Upon execution of the Contract, the Contractor acknowledges and agrees that contractual submittals for this Project shall be submitted and handled through the Department’s Construction Document Management System (CDMS). The CDMS that the Department is currently using is

COMPASS.

Contractor submittals including Shop Drawings, Working Drawings, Product Data, RFIs, and RFCs shall be generated and delivered by the Contractor in accordance with the Department’s Contractor’s User Manual. The administering District office will inform the Contractor of other deliverables required to be similarly submitted.

Access credentials will be provided free of charge to the Contractor.

The Department shall not be held responsible for delays, lack of processing or responses to submittals that do not follow the specified guidelines in the Contractor's User Manual.

0088-0203 14 https://ctgovexec.sharepoint.com/sites/DOTCOMPASSKnowledgeCenter/SitePages/LearningTeamHome.aspx

October 12, 2022

SMALL CONTRACTOR AND SMALL CONTRACTOR MINORITY

BUSINESS ENTERPRISES (SET-ASIDE)

NOTE: Certain requirements and procedures stated in this "Special Provision" are applicable prior to the execution of the Contract.

I. GENERAL

A. The Contractor shall cooperate with the Connecticut Department of Transportation

(CTDOT) in implementing the required contract obligations concerning "Small Contractor" and "Small Contractor Minority Business Enterprise" use on this Contract in accordance with Section 4a-60g of the Connecticut General Statutes as revised.

References, throughout this "Special Provision", to "Small Contractors" are also implied references to "Small Contractor Minority Business Enterprises" as both relate to Section IIA of these provisions. The Contractor shall also cooperate with CTDOT in reviewing the Contractor's activities relating to this provision. This "Special Provision" is in addition to all other equal opportunity employment requirements of this Contract.

B. For the purpose of this "Special Provision", the "Small Contractor(s)" and "Minority

Business Enterprise(s)" named to satisfy the set-aside requirement must be certified by the Department of Administrative Services, Business Connections/ Set-Aside Unit [(860) 713-5236Small Minority Business Center (ct.gov). As a "Small Contractor" and "Minority Business Enterprises" as defined by Section 4a-60g Subsections (1) and (4) of the Connecticut General Statutes as revised and is subject to approval by CTDOT to do the work for which it is nominated pursuant to the criteria stipulated in Section IIC-3.

C. Contractors who allow work which they have designated for "Small Contractor" participation in the pre-award submission required under Section IIC to be performed by other than the approved "Small Contractor" organization and prior to concurrence by CTDOT, will not be paid for the value of the work performed by organizations other than the "Small Contractor" designated.

D. If the Contractor is unable to achieve the specified contract goals for "Small Contractor" participation, the Contractor shall submit written documentation to CTDOT's Manager of Construction Operations indicating his/her attempts to satisfy goal requirements.

Documentation is to include but not be limited to the following:

1. A detailed statement of the efforts made to select additional subcontract opportunities for work to be performed by each "Small Contractor" in order to increase the likelihood of achieving the stated goal.

2. A detailed statement, including documentation of the efforts made to contact and solicit contracts with each "Small Contractor", including the names, addresses, dates and telephone numbers of each "Small Contractor" contacted, and a description of the information provided to each "Small Contractor" regarding the scope of services and anticipated time schedule of items proposed to be subcontracted and the nature of response from firms contacted.

0088-0203 15 https://portal.ct.gov/DAS/Services/Licensing-Certification-Permitting-and-Codes/Small-Minority-Business-Center

3. For each "Small Contractor" that placed a subcontract quotation which the Contractor considered not to be acceptable, provide a detailed statement of the reasons for this conclusion.

4. Documents to support contacts made with CTDOT requesting assistance in satisfying the contract specified or adjusted "Small Contractor" dollar requirements.

5. Document other special efforts undertaken by the Contractor to meet the defined goal.

E. Failure of the Contractor to have at least the specified dollar amount of this contract performed by "Small Contractor" as required in Section IIA of this "Special Provision" will result in the reduction in contract payment to the Contractor by an amount equivalent to that determined by subtracting from the specific dollar amount required in Section IIA, the dollar payments for the work actually performed by each "Small Contractor". The deficiency in "Small Contractor" achievement, will therefore, be deducted from the final contract payment. However, in instances where the Contractor can adequately document or substantiate its good faith efforts made to meet the specified or adjusted dollar amount to the satisfaction of CTDOT, no reduction in payments will be imposed.

F. All records must be retained for a period of three (3) years following completion of the contract and shall be available at reasonable times and places for inspection by authorized representatives of CTDOT.

G. Nothing contained herein, is intended to relieve any contractor or subcontractor or material supplier or manufacturer from compliance with all applicable Federal and State legislation or provisions concerning equal employment opportunity, affirmative action, nondiscrimination and related subjects during the term of this Contract.

II. SPECIFIC REQUIREMENTS

In order to increase the participation of "Small Contractors", CTDOT requires the following:

A. Not less than five percent (5%) of the final value of this Contract shall be subcontracted to and performed by, and/or supplied by, manufactured by and paid to "Small Contractors" and/or "Small Contractors Minority Business Enterprises".

B. The Contractor shall assure that each "Small Contractor" will have an equitable opportunity to compete under this "Special Provision", particularly by arranging solicita-tions, time for the preparation of Quotes, Scope of Work, and Delivery Schedules so as to facilitate the participation of each "Small Contractor".

C. The Contractor shall provide to CTDOT's Manager of Contracts within Five (5) days after the bid opening the following items:

1. A certification of work to be subcontracted (Exhibit II) signed by both the Contractor and the "Small Contractor" listing the work items and the dollar value of the items that the nominated "Small Contractor" is to perform on the project to achieve the minimum percentage indicated in Section IIA above.

0088-0203 16

2. A certification of past experience (Exhibit III) indicating the scope of work the nominated

"Small Contractor" has performed on all projects, public and private, for the past five (5) years.

3. In instances where a change from the originally approved named "Small Contractor" (see

Section IB) is proposed, the Contractor is required to submit, in a reasonable and expe-ditious manner, a revised submission, comprised of the documentation required in Section IIC, Paragraphs 1, 2 and 3 and Section E together with documentation to substantiate and justify the change, (i.e., documentation to provide a basis for the change) to CTDOT's Manager of Construction Operations for its review and approval prior to the implementa-tion of the change. The Contractor must demonstrate that the originally named "Small Contractor" is unable to perform in conformity to specifications, or unwilling to perform, or is in default of its contract, or is overextended on other jobs. The Contractor's ability to negotiate a more advantageous contract with another "Small Contractor" is not a valid basis for change. Documentation shall include a letter of release from the originally named "Small Contractor" indicating the reason(s) for the release.

D. After the Contractor signs the Contract, the Contractor will be required to meet with

CTDOT's Manager of Construction Operations or his/her designee to review the following:

1. What is expected with respect to the "Small Contractor" set aside requirements.

2. Failure to comply with and meet the requirement can and will result in monetary deductions from payment.

3. Each quarter after the start of the "Small Contractor" the Contractor shall submit a report to CTDOT's Manager of Construction Operations indicating the work done by, and the dollars paid to each "Small Contractor" to date.

4. What is required when a request to sublet to a "Small Contractor" is submitted.

E. The Contractor shall submit to CTDOT's Manager of Construction Operations all requests for subcontractor approvals on standard forms provided by the Department.

If the request for approval is for a "Small Contractor" subcontractor for the purpose of meeting the contract required "Small Contractor" percentage stipulated in Section IIA, a copy of the legal contract between the Contractor and the "Small Contractor" subcontractor must also be submitted at the same time. Any subsequent amendments or modifications of the contract between the Contractor and the "Small Contractor" subcontractor must also be submitted to CTDOT's Manager of Construction Operations with an explanation of the change(s). The contract must show items of work to be performed, unit prices and, if a partial item, the work involved by both parties.

In addition, the following documents are to be attached:

(1) A statement explaining any method or arrangement for renting equipment. If rental is from a Contractor, a copy of Rental Agreement must be submitted.

0088-0203 17

(2) A statement addressing any special arrangements for manpower.

(3) A statement addressing who will purchase material.

F. Contractors subcontracting with a "Small Contractor" to perform work or services as required by this "Special Provision" shall not terminate such firms without advising CTDOT, in writing, and providing adequate documentation to substantiate the reasons for termination if the designated "Small Contractor" firm has not started or completed the work or the services for which it has been contracted to perform.

G. Material Suppliers or Manufacturers

If the Contractor elects to utilize a "Small Contractor" supplier or manufacturer to satisfy a portion or all of the specified dollar requirements, the Contractor must provide the Department with:

1. An executed Affidavit Small Contractor (Set-Aside) Connecticut Department of

Transportation Affidavit Supplier or Manufacturer (sample attached), and

2. Substantiation of payments made to the supplier or manufacturer for materials used on the project.

Brokers and packagers shall not be regarded as material Suppliers or manufacturer.

H. Non-Manufacturing or Non-Supplier "Small Contractor" Credit

Contractors may count towards its "Small Contractor" goals the following expenditures with "Small Contractor" firms that are not manufacturers or suppliers:

1. Reasonable fees or commissions charged for providing a bona fide service such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, material or supplies necessary for the performance of the contract provided that the fee or commission is determined by the Department of Transportation to be reasonable and consistent with fees customarily allowed for similar services.

2. The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a regular dealer in the materials and supplies, provided that the fee is determined by the Department of Transportation to be reasonable and not excessive as compared with fees customarily allowed for similar services.

3. The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department of Transportation to be reasonable and not excessive as compared with fees customarily allowed for similar services.

III. BROKERING

0088-0203 18

For the purpose of this "Special Provision", a "Broker" is one who acts as an agent for others in negotiating contracts, purchases, sales, etc., in return for a fee or commission.

Brokering of work by a "Small Contractor" is not allowed and is a contract violation.

IV. PRE-AWARD WAIVERS:

If the Contractor's submission of the "Small Contractor" listing, as required by Section IIC indicates that it is unable, by subcontracting to obtain commitments which at least equal the amount required by Section IIA, it may request, in writing, a waiver of up to 50% of the amount required by Section IIA. To obtain such a waiver, the Contractor must submit a completed "Application for Waiver of Small Contractor Minority Business Enterprise Goals" to CTDOT's Manager of Contracts which must also contain the following documentation:

1. Information described in Section ID.

2. For each "Small Contractor" contacted but unavailable, a statement from each "Small

Contractor" confirming its unavailability.

Upon receipt of the submission requesting a waiver, the CTDOT's Manager of Contracts shall submit the documentation to the Director of the Office of Contract Compliance who shall review it for completeness. After completion of the Director of Contract Complian-ce's review, she/he should write a narrative of his/her findings of the application for a waiver, which is to include his/her recommendation. The Director of Contract Compli-ance shall submit the written narrative to the Chairperson of the DBE Screening Commit-tee at least five (5) working days before the scheduled meeting. The Contractor shall be invited to attend the meeting and present his/her position. The DBE Screening Committee shall render a decision on the waiver request within five (5) working days after the meeting. The DBE Screening Committee's decision shall be final. Waiver applications are available from the CTDOT Manager of Contracts.

Please note that effective with this update, Exhibit 1 is discontinued

0088-0203 19

0088-0203 20

0088-0203 21

3-7-19

SECTION 1.02

SECTION 1.02 - PROPOSAL REQUIREMENTS AND CONDITIONS

1.02.01—Contract Bidding and Award:

After the first sentence of the third paragraph, add the Following:

In accordance with the provisions of the Construction Contract Bidding and Award Manual, bidders must be prequalified for Group Number 17 – Incidental Construction: Fencing, to be eligible to bid on this project. Bidders that are not prequalified for this work classification will not be approved to bid on this project.

0088-0203 22

Rev. 11/15/24

SECTION 1.05

SECTION 1.05 - CONTROL OF THE WORK

Add the following to the beginning of the first paragraph of Article 1.05.12:

1.05.12—Payrolls: The Contractor and all subcontractors shall use AASHTOWare Project® software in accordance with Article 1.05.25, with a Department-provided template, or by other means previously accepted by the Department, to electronically upload all Project payrolls, as directed herein.

Add the following to the end of Article 1.05.12:

These requirements shall be included in all subcontracts for this Project.

All costs for these requirements shall be included in the general cost of the work.

Add the following new Article 1.05.25:

1.05.25—Use of AASHTOWare Project® Software: The Contractor and all subcontractor(s) shall use the AASHTOWare Project® software for electronic submittal of all payrolls as outlined in the Department’s AASHTOWare Contractor’s User Manual, found at the Department’s AASHTOWare Training webpage, and as stated in the specifications.

The Contractor and all subcontractor(s) shall use the AASHTOWare Project® software for monthly verification of project payments at all tiers, as outlined in the Department’s AASHTOWare Contractor’s User Manual, found at the Department’s AASHTOWare Training webpage, and as stated in the specifications. The Department will inform the Contractor of other deliverables to be similarly submitted, as required.

Within 10 days of execution of the Contract, the Contractor shall submit the name(s) of the AASHTOWare Software Project Liaison and required staff that will be using the Department’s software for this work. Similarly, within 10 days after the Contractor (or a subcontractor) enters into a subcontractor agreement to sublet any work, they shall submit the name(s) of their AASHTOWare Software Project Liaison and required staff that will be using the Department’s software for this work. The Contractor and subcontractors shall immediately notify the Department of any change in Project staff authorized to access the AASHTOWare system or of a need to revise the Project Liaison.

0088-0203 23 https://portal.ct.gov/dot/bureaus/engineering-and-construction/construction/central-construction/aashtoware-resources/training?language=en_US https://portal.ct.gov/dot/bureaus/engineering-and-construction/construction/central-construction/aashtoware-resources/training?language=en_US

Rev. 11/15/24

SECTION 1.05

Training materials, such as videos and written guides are available on the Department website for Contractor use. The Contractor and all subcontractors shall be responsible to train their staff.

This AASHTOWare Project® software will require that the Contractor and all subcontractor(s) provide their staff with access to the internet, using devices suitable for this work, at their own expense, throughout the duration of the Project. The Department has obtained licensing that allows the Contractor and subcontractors to access (from the internet) and use of the AASHTOWare Project® software. The Department will provide the Contractor and subcontractors with usernames and passwords to access the AASHTOWare Project® software, at no cost.

The Department shall not be held responsible for delays, lack of processing, or responses to submittals that do not follow the specified guidelines in the Department’s AASHTOWare Contractor’s User Manual, found at the Department’s AASHTOWare Training webpage.

These requirements shall be included in all subcontracts for this Project.

All costs for these requirements shall be included in the general cost of the work.

0088-0203 24 https://portal.ct.gov/dot/bureaus/engineering-and-construction/construction/central-construction/aashtoware-resources/training?language=en_US

Rev. Date 07/18/08

SECTION 1.07

SECTION 1.07 – LEGAL RELATIONS AND RESPONSIBILITIES

Article 1.07.11 Opening of Section of project to Traffic or Occupancy:

Add the following sentence to the last paragraph:

“In cases in which guiderail is damaged by the traveling public, repair or replacement will be reimbursable as contained elsewhere herein.”

0088-0203 25

SECTION 1.08

SECTION 1.08 – PROSECUTION AND PROGRESS

Add the following to the beginning of the first paragraph of Article 1.08.01:

1.08.01—Transfer of Work or Contract: The Contractor and all subcontractors shall use the AASHTOWare Project® software in accordance with Article 1.05.25, for monthly verification of project payments at all tiers, in accordance with the Department’s AASHTOWare Contractor’s User Manual, found at the Department’s AASHTOWare Training webpage, and as stated in the specifications.

Add the following to the end of Article 1.08.01:

All costs for the requirements of this Article shall be included in the general cost of the work.

1.08.04 - Limitation of Operations - Add the following:

In order to provide for traffic operations as outlined in the Special Provision "Maintenance and Protection of Traffic," the Contractor will not be permitted to perform any work which will interfere with the described traffic operations on all project roadways as follows:

Route 72 Eastbound and Westbound

The Contractor shall not perform any work that will interfere with traffic operations during the below State observed Legal Holidays and Legal Holiday Periods.

A. On the following State observed Legal Holidays:

New Year’s Day Labor Day

Good Friday Thanksgiving Day

Memorial Day Christmas Day

Independence Day

B. During the following Legal Holiday Periods:

i. When an above Legal Holiday is celebrated on a Sunday or Monday: From 6:00 a.m. the immediately preceding Friday to 6:00 a.m. the immediately following Tuesday.

ii. When an above Legal Holiday is celebrated on a Tuesday, Wednesday, or Thursday: From 6:00 a.m. the day before to 6:00 a.m. the day after, except Thanksgiving (see below for Thanksgiving specific restrictions).

iii. When an above Legal Holiday is celebrated on a Friday or Saturday: From 6:00 a.m. the immediately preceding Thursday to 6:00 a.m. the immediately following Monday.

0088-0203 26 https://portal.ct.gov/dot/bureaus/engineering-and-construction/construction/central-construction/aashtoware-resources/training?language=en_US

iv. Thanksgiving: From 6:00 a.m. the Wednesday before to 6:00 a.m. the Monday after.

During all other times:

A. The Contractor shall maintain and protect traffic as shown on the accompanying "Limitation of Operations" charts, which dictate the maximum number of lanes allowed to be closed and the allowable hours for implementing a rolling roadblock operation for each day of the week.

B. The Contractor will be allowed to halt traffic for a period not to exceed 10 minutes to actively perform removal of noise barrier, as approved by the Engineer, between 12:01 a.m. and 5:00 a.m.

during all non-Legal Holiday Periods.

Route 72 Exit 2 Eastbound Entrance Ramp

A. The Contractor shall be allowed to close the Ramp and detour traffic for setting and removing Temporary Traffic Barrier approved by the Engineer on:

i. Monday through Friday between 9:00 p.m. and 6:00 a.m.

ii. Continuously for a duration that shall not exceed 4 consecutive days..

B. The Contractor shall not be allowed to close the Ramp and detour traffic during a Legal Holiday or

Legal Holiday Period.

Route 372 (Corbin Avenue)

A. The Contractor shall not be allowed to close Corbin Avenue.

B. The Contractor shall be allowed to reduce Corbin Avenue to one lane of traffic in each direction

Monday through Friday between 9:00 p.m. and 6:00 a.m.

Beeline Trail

A. The Contractor shall not be allowed to close the Beeline Trail.

B. The Contractor will be allowed to halt traffic on the trail for a period not to exceed 10 minutes to actively perform removal of noise barrier, erection of new noise barrier, and reconstruction of the trail as approved by the Engineer, between 9:00 a.m. and 3:00 p.m. under flagger control.

0088-0203 27

Limitation of Operations Chart – Maximum Number of Lanes Allowed to be Closed and Hours Allowed for a Rolling Roadblock (RRB)

Route 72 EASTBOUND From RTE 9 NB Off Ramp

To I-84 WB On Ramp

(MP 0.34 – 2.61)

Number of Through Lanes: 3

Route 72 WESTBOUND From RTE 9 SB On Ramp

To Lane Drop E/O I-84 Off Ramp

(MP 0.32 – 2.65)

Number of Through Lanes: 3 Hour

Beginn-ing Mon Tue Wed Thu Fri Sat Sun

Hour Beginn-ing Mon Tue Wed Thu Fri Sat Sun Mid 2* 2* 2* 2* 2* 2* 2* Mid 2* 2* 2* 2* 2* 2* 2*

1 AM 2* 2* 2* 2* 2* 2* 2* 1 AM 2* 2* 2* 2* 2* 2* 2*

2 AM 2* 2* 2* 2* 2* 2* 2* 2 AM 2* 2* 2* 2* 2* 2* 2*

3 AM 2* 2* 2* 2* 2* 2* 2* 3 AM 2* 2* 2* 2* 2* 2* 2*

4 AM 2* 2* 2* 2* 2* 2* 2* 4 AM 2* 2* 2* 2* 2* 2* 2*

5 AM 2* 2* 2* 2* 2* 2* 2* 5 AM 2* 2* 2* 2* 2* 2* 2*

6 AM 0 0 0 0 0 2 2 6 AM 0 0 0 0 0 2 2

7 AM 0 0 0 0 0 2 2 7 AM 0 0 0 0 0 2 2

8 AM 0 0 0 0 0 1 2 8 AM 0 0 0 0 0 2 2

9 AM 1 1 1 1 1 1 1 9 AM 1 1 1 1 1 1 1

10 AM 1 1 1 1 1 1 1 10 AM 1 1 1 1 1 1 1

11 AM 1 1 1 1 1 1 1 11 AM 1 1 1 1 1 1 1

Noon 1 1 1 1 1 1 1 Noon 1 1 1 1 1 1 1

1 PM 1 1 1 1 1 1 1 1 PM 1 1 1 1 1 1 1

2 PM 1 1 1 1 1 1 1 2 PM 1 1 1 1 1 1 1

3 PM 0 0 0 0 0 1 1 3 PM 0 0 0 0 0 1 1

4 PM 0 0 0 0 0 1 1 4 PM 0 0 0 0 0 1 1

5 PM 0 0 0 0 0 1 1 5 PM 0 0 0 0 0 1 1

6 PM 1 1 1 1 1 1 1 6 PM 1 1 1 1 1 1 1

7 PM 1 1 1 1 1 1 2 7 PM 1 1 1 1 1 1 1

8 PM 2 2 2 2 1 1 2 8 PM 1 1 1 1 1 1 1

9 PM 2* 2* 2* 2* 2* 2* 2* 9 PM 2* 2* 2* 2* 2* 2* 2*

10 PM 2* 2* 2* 2* 2* 2* 2* 10 PM 2* 2* 2* 2* 2* 2* 2*

11 PM 2* 2* 2* 2* 2* 2* 2* 11 PM 2* 2* 2* 2* 2* 2* 2*

On Legal Holidays and within Legal Holiday Periods, all hours shall be ‘0.’

“0” = No closures allowed = all available travel lanes, including exit only lanes, climbing lanes, gore areas, and all available shoulder widths shall be open to traffic during this time period.

“S” = Shoulders are allowed to be closed = all available travel lanes, including exit only lanes, climbing lanes, and gore areas shall be open to traffic during this time period.

“1” = One lane closure is allowed. Adjacent shoulder(s) and/or gore areas may also be closed.

“2” = Two lane closure is allowed. Adjacent shoulder(s) and/or gore areas may also be closed.

“*” = The hours that a rolling roadblock may be implemented with the approval of the Engineer.

0088-0203 28

Rev. 8-29-2025

SECTION 1.10

SECTION 1.10–ENVIRONMENTAL COMPLIANCE

In Article 1.10.03-Water Pollution Control:

REQUIRED BEST MANAGEMENT PRACTICES

Add the following after Required Best Management Practices Number 13:

14. The Contractor is hereby notified that one or more State and/or federally 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 State endangered; while the silver-haired bat (Lasionycteris noctivagans), hoary bat

(Lasiurus cinereus) and the red bat (Lasiurus borealis) are listed as State species of special concern. The Northern long-eared bat, tri-colored bat, and the Indiana bat are also federally listed endangered 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 or on buildings including barns, houses, tunnels, and bridges. Within the

Project limits, bats will use the snags, cavities, and underside of bark to roost and raise young.

This Project will have a Time of Year restriction for tree clearing, trimming and removal to protect the bat species listed.

The Contractor shall, through the Engineer and at least 10 days prior to the commencement of any…

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