0150-0137 Addendum No. 1 Contract Special Provisions.pdf

0150-0137 ADDENDUM NO. 1

SEPTEMBER 11, 2026

REHABILITATION OF BRIDGE NO. 00906

U.S. ROUTE 202 OVERSHEPAUG RIVER

FEDERAL AID PROJECT NO.: N/A

STATE PROJECT NO. 0150-0137

TOWN OF WASHINGTON

ADDENDUM NO. 1

SPECIAL PROVISIONS

NEW SPECIAL PROVISIONS

The following Special Provisions are hereby added to the Contract:

• NOTICE TO CONTRACTOR - SECTION 1.06 UPDATED BABA REQUIREMENTS

• SECTION 1.06 - CONTROL OF MATERIALS

CONTRACT ITEMS

NEW CONTRACT ITEMS

ITEM NO. DESCRIPTION UNIT QUANTITY

0728030 0755010.01

NO. 3 CRUSHED STONE

GEOTEXTILE (SEPARATION – CLASS 2)

C.F.

S.Y.

70 C.F.

40 S.Y.

REVISED CONTRACT ITEMS

ITEM NO. DESCRIPTION ORIGINAL

QUANTITY

REVISED

QUANTITY

0202000 0703012 0703013

EARTH EXCAVATION

MODIFIED RIPRAP

SPECIAL RIPRAP

1,400 C.Y.

5 C.Y.

420 C.Y.

1,710 C.Y.

1,070 C.Y.

120 C.Y.

DELETED CONTRACT ITEM

ITEM NO. DESCRIPTION ORIGINAL

QUANTITY

REVISED

QUANTITY

0208000A FREE-DRAINING MATERIAL 540 CY.. 0

PLANS

REVISED PLANS

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

02.01.A1 03.07.A1 03.19.A1

0150-0137 ADDENDUM NO. 1

The Bid Proposal Form has been revised to reflect these changes.

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.

Rev. Date 01/15/2026

0150-0137 NOTICE TO CONTRACTOR

NOTICE TO CONTRACTOR - SECTION 1.06 UPDATED BABA

REQUIREMENTS

The Contractor is hereby notified that a Special Provision for Section 1.06 Control of Materials is included in this Contract due to updated Buy America, Build America Act (BABA) requirements.

A new “Buy America Preference Source of Supply Self-Certification Form” will need to be submitted with qualifying materials documenting that all iron or steel products, manufactured products, and construction materials used in the Project have been produced in the United States.

This means all manufacturing processes including application of coating for iron or steel products occurred in the United States, the manufactured product was manufactured in the United States, and all manufacturing processes for the construction material occurred in the United States. The classification of the material shall be determined upon arrival at the job Site.

Any Materials Certificate (MC) shall also include certification from the source of supply stating compliance to Buy America requirements for the applicable iron or steel products, manufactured products and construction materials. A completed “Buy America Preference Source of Supply Self-Certification Form” shall be attached to the MC.

https://portal.ct.gov/dot/business/forms?language=en_US

Rev. Date 1/15/2026

0150-0137 SECTION 1.06

SECTION 1.06 - CONTROL OF MATERIALS

Replace Section 1.06 in its entirety with the following:

SECTION 1.06

CONTROL OF MATERIALS

1.06.01—Source of Supply and Material Quality 1.06.02—Samples and Test 1.06.03—Storage 1.06.04—Defective Materials 1.06.05—Shipping Material 1.06.06—Vacant 1.06.07—Certified Test Reports and Materials Certificates 1.06.08—Warranties, Guarantees and Instruction Sheets 1.06.01—Source of Supply and Material Quality:

1. Source of Supply: A source of supply is defined as the original manufacturer of material(s) used within a project. A source of supply may fabricate material(s) such as precast concrete structures or hot mix asphalt from components originally manufactured by others. A broker, distributor, or subcontractor using the material(s) must not be identified as a source of supply.

The Contractor must notify the Engineer of the proposed source of supply for each of the materials listed on the Anticipated Source of Material (CON-083) Form within 30 days after bid opening. Should it become necessary for the Contractor to obtain material from sources other than those indicated in the submitted Anticipated Source of Material (CON-083) Form, the Contractor shall notify the Engineer and resubmit this document to the Department no later than seven (7) days prior to use of the material. The Engineer reserves the right to request additional information regarding such sources.

If, at any time, the Department discovers that materials from a source of supply do not consistently conform to the Contract specifications, the Engineer will notify the Contractor of its non-conformance and that source of supply shall no longer be used for said application.

a. Buy America Act (BAA): The BAA requires that all permanently incorporated steel and iron used in the construction of the Project must have been produced and fabricated in the United States. It is the intent of this specification to require that all manufacturing processes for all steel and iron materials and products to be used for the Project, from initial melting stage through the application of coating of steel and iron, occur within the United States, with the following exceptions:

1. The Contractor may request, in accordance with 635.410(b)(4) of Title 23 CFR, approval to include a minimal amount of foreign steel in the Project construction.

This amount is defined as 0.1% of the total Contract cost or $2,500.00, whichever is greater. The cost of the foreign steel or iron is defined as its Contract value when delivered to the Project site.

2. Additionally, the FHWA has granted a nationwide waiver of the requirements of 23 CFR 635.410, Buy America Act requirements, for the production of pig iron and processed, pelletized, and reduced iron ore. Items not specifically included in the waiver remain subject to the Buy America Act requirements. The Contractor may request the Engineer to seek from the FHWA a further waiver of said requirements, but it shall be at the sole discretion of the Engineer whether to seek such a waiver.

3. A 2021 amendment to BAA, BABA (as defined below) clarifies that (A) the term ‘‘construction materials’’ shall not include cement and cementitious materials;

aggregates such as stone, sand, or gravel; or aggregate binding agents or additives and (B) shall not include cement and cementitious materials and aggregates such as stone, sand, or gravel, or aggregate binding agents or additives as inputs of the construction material.

b. Build America, Buy America (BABA) Act: BABA does not supersede the BAA iron and steel requirement, however it expands the requirements to include manufactured products and construction materials. Such products and materials permanently incorporated into projects “must be produced in the United States.” BABA requires the following:

1. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

2. All manufactured products used in the Project are produced in the United States.

This means the manufactured product was manufactured in the United States, and, for projects obligated on or after October 1, 2026, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all its components of the manufactured product. Manufactured products are considered to be in their final form upon arrival at the job Site.

3. Construction materials include those listed on the Anticipated Source of Material (CON-083) Form.

2. Material Quality: Only materials conforming to the Contract and accepted by the Engineer shall be permanently incorporated into the Project.

Prior to installation, material that is damaged or otherwise changed in a way that it no longer meets Contract specifications shall not be incorporated into the Project.

When one manufacturer's product is specified in the Contract, it shall be understood that this represents the standard required. Unless otherwise stated, a comparable product of another manufacturer may be proposed by the Contractor unless the plans or special provisions indicate that no equal will be allowed. The Contractor shall submit a complete description of the proposed product, together with shop drawings, catalog cuts, product data or other descriptive literature for review in accordance with 1.05.02. Should a product be designated as an equal, this will not relieve the Contractor from any material testing requirements or a related Certified Test Report and/or Materials Certificate that may be required.

1.06.02—Samples and Test: The Contractor shall furnish all required samples without charge and provide secure facilities for their storage. The Contractor shall provide means for, and shall assist in the verification of, all scales, measures, and other devices that it operates or uses in connection with the Project. The Contractor shall provide calibration documentation when requested.

The minimum number and size of material samples per Contract item that are required by the Department are listed in the "Minimum Schedule for Acceptance Testing" contained in the Department’s Materials Testing Manual. The acceptance methods used to determine compliance with the Contract are also listed. Should the Contract documents specify additional acceptance methods than those listed in the "Minimum Schedule for Acceptance Testing," the Contractor shall adhere to those additional requirements. Where applicable, physical testing will be performed in accordance with the test standards which are in effect at the time of bidding, unless otherwise indicated in the Contract. Any item or material not listed in the "Minimum Schedule for Acceptance Testing," or Contract shall be sampled and tested and/or certified, as directed by the Engineer.

Certification may be used as the basis for approval of such materials as the Contract documents specify or as the Engineer may require. With regard to such materials, the Contractor shall furnish the Engineer a Certified Test Report (CTR) and/or Materials Certificate (MC), in accordance with 1.06.07 for each type of material, as may be required in the “Minimum Schedule for Acceptance Testing.” The Contractor shall bear any costs involved in furnishing the CTR and MC.

If the Contractor has purchased materials for use on a previous Department project and if they meet the requirements of this Contract, then those materials, with the approval of the Engineer, may be used for the Project, provided that the Contractor, acting as the "supplier," submits a related MC meeting the requirements of 1.06.07. This MC shall further identify the project for which the material was originally purchased and shall be accompanied by a copy of the original MC. Materials that require quality assurance inspection for acceptance such as structural steel and precast components will be subject to re-inspection.

Materials will be rejected by the Engineer whenever, in their judgment, they fail to meet Contract requirements. The Engineer may accept material or the combination of materials and thereby waive noncomplying test results, provided that the following conditions are met:

1. The Engineer finds results of prior and subsequent series of tests of the material or materials from the same source or sources to be satisfactory.

2. The incidence and degree of nonconformance with the Contract requirements are, in the Engineer's judgment, within reasonable limits.

3. The Contractor, in the Engineer's judgment, had diligently exercised material controls consistent with good practices.

4. No adverse effect on the value or serviceability of the completed work could result from said degree of nonconformance.

The Engineer may, in their discretion, waive testing of minor quantities of a particular material if said material was obtained from sources that have furnished supplies of the material that have consistently met Department testing standards.

1.06.03—Storage: The Contractor shall store all materials for the Project in a way that will prevent damage, deterioration, and loss, including theft and vandalism. The Engineer will have easy and prompt access to them for inspection purposes. Materials shall be kept on wooden platforms or on other hard, clean surfaces and not on the ground.

https://portal.ct.gov/dot/bureaus/engineering-and-construction/construction/material-evaluation-and-specifications?language=en_US

When so directed by the Engineer, the Contractor shall store materials in a weatherproof building.

The Contractor shall not store materials in any way that would lead to a violation of these specifications including but not limited to 1.10. Stored materials, even if they have been approved by the Engineer prior to their storage, must be inspected by the Engineer and meet all pertinent Contract requirements immediately prior to use of those materials for the Project.

The Contractor shall

1. store products in accordance with the manufacturer’s recommendations;

2. store products at the Site in a manner that will facilitate inspection and measurement or counting of units;

3. store heavy materials away from Project structures so as not to endanger the supporting construction;

4. if the products are subject to damage by the elements, store them off the ground, under cover in a weatherproof enclosure, with ventilation adequate to prevent condensation; and

5. maintain temperature and humidity within any range recommended by the manufacturer.

Off-site staging and storage of materials and equipment may be required due to restrictive Project limits and other operational constraints. Arrangement for off-site staging and storage of materials and equipment shall be the responsibility of the Contractor. Payment for off-site staging and storage of material and equipment shall be in accordance with 1.09.06.

1.06.04—Defective Materials: Unless otherwise permitted by the Engineer, all materials not meeting Contract requirements shall be considered defective, shall be rejected, and shall be removed immediately from the Project site.

If deemed necessary, the Engineer may require retesting of materials previously tested, accepted and incorporated into the Project. If materials do not meet the Contract requirements after retesting, the Engineer will decide whether to allow materials to be left in place (with an equitable reduction of payment) or be removed and replaced. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given by the Engineer. Should the Contractor fail to comply with these requirements, the Engineer has the authority to order the removal and replacement of defective material and deduct the cost of such removal and replacement from any future payments to the Contractor.

When a material is fabricated, or treated with another material, or when any combination of materials is assembled to form a product, any, or all of which are covered by the Contract specifications, the failure of any components of the product to meet the requirements of the specifications may be sufficient cause for the rejection of the whole combination or product.

1.06.05—Shipping Material: Any conveyance used for transporting materials must be clean when used, be in proper working condition, have a strong and substantial body that will prevent the loss of materials during transportation, and be approved by the Engineer.

1.06.06—Vacant

1.06.07—Certified Test Reports and Materials Certificates: The Contractor shall furnish the Engineer with any Certified Test Report and Materials Certificate required by the Contract and the "Minimum Schedule for Acceptance Testing" contained in the Department's Materials Testing Manual.

The Contractor shall forward the Certified Test Report and Materials Certificate to the Engineer, and, in addition, shall deliver a copy of same to the Department's inspector at the Site. Materials for which such documentation is required may be conditionally incorporated into the Project prior to the Engineer’s acceptance of a Certified Test Report and a Materials Certificate; however, payment for such incorporated material may not be made prior to acceptance by the Department of a Certified Test Report and Materials Certificate indicating that the material meets the Contract requirements.

1. A Certified Test Report (CTR) is a document containing a list of the dimensional, chemical, metallurgical, electrical and physical results obtained from a physical test of the materials involved and shall demonstrate that the materials meet the requirements of the Contract. The CTR shall be signed by a duly authorized and responsible agent of the original manufacturer of the material(s), and the signature must include the date the CTR was signed.

The CTR shall also include the following information:

a. Description of material(s)

b. Date of manufacture of the material(s)

c. Date of test(s)

d. Name of organization to which the material has been consigned

e. Quantity of material represented

f. Means of identifying the consignment, such as label, marking, lot number, etc.

g. Date and method of shipment

h. Name of organization performing the test(s)

2. A Materials Certificate (MC) is a document certifying that the materials, components, and equipment furnished meet all requirements of the Contract, including the location where such material, components and equipment were produced. The MC shall be signed by a duly authorized and responsible agent of the organization assembling or fabricating the materials and the signature must include the date the MC was signed.

When a CTR is also required, the means of identifying the consignment, such as label, marking, lot numbers, etc. in the MC and CTR shall be equivalent.

The MC shall also include the following information:

a. Project for which the material has been consigned

b. Name of Contractor to which material is supplied

c. Item number and description of material

d. Quantity of material represented by the MC

e. Means of identifying the consignment, such as label, marking, lot numbers, etc.

f. Identification of all sources of supply of material components

g. Means of verifying Buy America requirements for steel and/or steel components

h. Certification from the source of supply stating compliance to Buy America requirements of the applicable construction materials and manufactured products.

Attach completed form “Buy America Preference Source of Supply Self- Certification Form.”

i. Date and method of shipment https://portal.ct.gov/dot/bureaus/engineering-and-construction/construction/material-evaluation-and-specifications?language=en_US

1.06.08—Warranties, Guarantees and Instruction Sheets: Manufacturers' warranties and guaranties furnished for materials used for the Project, as well as instruction sheets and parts lists supplied with Project materials, shall be delivered to the Engineer prior to acceptance of the Project. Each warranty or guaranty so furnished shall indicate its commencement and expiration dates.