UNOFFICIAL P.I.N. 1805.81 SPECIAL NOTES

LIST OF ADDITIONAL INSURED PARTIES

Insurance provided to satisfy the requirements of Section 107-06 of the Standard Specifications shall be procured form insurance companies authorized to do such business in the States of and .

The Contractor shall provide Protective Liability Insurance and Commercial General Liability Insurance to the following parties in accordance with Section 107-06.B of the Standard Specifications:

New York  Town of Crown Point, NY  Lake Placid/Essex County Convention and Visitors Bureau ( Toll Keeper’s House / Lake Champlain Visitor Center)  National Grid  Crown Point Telephone  Lake Champlain Transportation Co. (LCTC)

Vermont  State of Vermont (VT)  Town of Addison, VT  Green Mountain Power Corporation  Waitsfield Telecom  Cottonwood on Lake Champlain LLC (Vacation rental property)

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ADDITIONAL INFORMATION TO BE SUPPLIED BY AMENDMENT

The Contractor is alerted to the fact that a large amendment will be issued prior to the contract letting. It is anticipated that this amendment will be made available on or about April 5, 2010. The following information is planned to be included in the amendment:

 Revised Summary of Quantities  General Revisions and Clarifications of Details  Final Cable Hanger Loads, Cable Lengths and Stressing Sequence  Final Arch Span Post-Tensioning Sequence and Jacking Loads  Pedestrian Railing Mesh Panel Details  Electrical Drawings, Details and Schematics  Lighting Details – Tie Girder Interior Maintenance Lighting; Arch Rib Aesthetic Lighting; Handrail Lighting  Lake Work Zone Traffic Control Plan

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ADDITIONAL INFORMATION TO BE SUPPLIED AFTER AWARD

The following information will be made available to the Contractor within 10 days of award or by May 17, 2010, whichever is later:

 Abutment Bar Details and Lists  Pier Bar Details and Lists  Approach Span Superstructure Deck Bar Details and Lists  Arch Span Superstructure Deck Bar Details and Lists  General Bar Details and Lists  Haunch Tables  Final Approach Span Girder Stress and Camber Tables  Final Arch Span Member Force Tables  Final Arch Span Camber Tables  Approach Span Load Rating Tables  Arch Span Load Rating Tables

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PROFESSIONAL ENGINEER REQUIREMENTS

The contract includes provisions to submit drawings and/or calculations by a licensed professional engineer for various items of work. Wherever these references are made in the contract it shall be implied that the professional engineer is licensed in the state in which the work will be performed, New York and/or Vermont.

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SECTION 637 PAY ITEM QUANTITIES

The Contractor shall be aware that since Items 637.21 and 637.23 use the “Dollars-Cents” pay unit and since the actual quantity of equipment units to be provided are not defined in the Estimate of Quantity Sheets, the following table has been provided to clarify the number of units of each item that the Contractor will be required to provide in the contract. Also, the quantities of the different types of Two-Way Radio Systems (Item 637.23) are also included in the table for clarity.

Number of Units to be Pay Item # Pay Item Description included in the Contract 637.21 Mobile Telephone 12

Base Stations - 1 637.23 Two-Way Radio System In-Vehicle Radios - 5 Handheld Radios - 6

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SUBCONTRACTOR REQUIREMENTS

The Department’s Standard Specifications include the following requirements for the engagement of subcontractors to perform work on a Department project.

108-05 SUBLETTING OR ASSIGNING THE CONTRACT Contract work shall be performed under a subcontract only after approval by the Regional Director.

A. Subcontractor Approval. Approval of Subcontractors is required for:  The on-site completion of items of work as defined in the contract documents.  The on-site maintenance of previously furnished and installed products.  The delivery of materials to the contract site and incorporation directly into the work by the supplier’s work force in such a manner that no further handling or manipulation of the material is necessary in order to conform with the construction details of the appropriate specification item.

The Specifications go on to identify the procedure for gaining subcontractor approval as follows:

B. Approval Procedure. Subcontractors will not be approved by the Department until such time as the Contract Management Bureau has received a completed Form CCA-2, New York State Uniform Contracting Questionnaire from the Subcontractor. For each Subcontractor the Contractor shall submit an Approval to Subcontract, a labor affidavit on Form AC 2948 Subcontractor’s Certification, a Designation of Affirmative Action Representatives, Contractor/Subcontractor SPDES Permit Certification, and HC108 to the Regional Construction Group for approval by the Regional Director.

Effective beginning with projects submitted for the letting of May 1, 2008, the Standard Specifications have been revised to require the use of civil rights reporting software (EBO) rather than the former paper processes for the Approval to Subcontract. In addition, civil rights reporting is now required for all contracts. (EI 08-004 Revisions To Standard Specifications Section 100 - Civil Rights Reporting)

These requirements have numerous reports and documents associated with them that must be prepared and submitted by the prime contractor. Manual preparation and previously utilized software to produce these reports and documents had been time consuming and prone to errors resulting in delayed and inaccurate submissions.

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Monitoring the status of payrolls, EEO goals, training and prompt payment on DOT contracts is mandated by State and Federal Law. As such, the Subcontractor Approval and monitoring process has become a more integral part of our overall mission to ensure contract compliance. This is made evident by the June 5, 2008 enforcement of the civil rights reporting software Equitable Business Opportunities (EBO).

105-21 CIVIL RIGHTS MONITORING AND REPORTING. The Contractor shall use the current version of Department approved civil rights reporting software on all contracts. The Contractor shall submit complete, accurate electronic data to the Department for each month, not later than the 15th of the following month, using the Department approved civil rights reporting software.

As the Prime Contractor, it is your responsibility to ensure all subcontractors you submit to be approved to work on our projects are ready, willing and able to perform all the duties and responsibilities associated with contract provisions. As a Subcontractor, it is your responsibility to secure and provide to the Contractor all documentation required for Subcontractor approval. This is particularly important for all D/M/WBE firms identified in the Contractor’s D/M/WBE Pre- Award Utilization Package (§ 102-12 D/M/WBE Utilization.)

Prior to approval of a Subcontractor following award, the Region must receive, or be able to verify, the following for the proposed Subcontractor:

o Receipt of:  Bureau of State Expenditures (AC 2948  Designation of AA Representative (AAP-15)  Subcontractor SPDES Permit (CONR-5)  Subcontractor Certification Project Specific Safety & Health Plan (HC108)

o Verification of:  Current Uniform Contracting Questionnaire (CCA-2) for the Subcontractor on file with DOT  Current EBO System Log In ID/Password for the Subcontractor

Please be advised that no Subcontractor approval will be processed until the above information is received and/or verified.

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PRECONSTRUCTION MEETING

The Contractor shall be prepared to discuss his/her proposed project schedule, sequence of construction operations, delivery of materials to the project site, potential staging area locations, and erection methods at the preconstruction meeting.

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REVISIONS TO STANDARD SPECIFICATIONS SECTION 100 FOR CPM SCHEDULING

A. Types of delay. Delay provisions contained in §108-04 of the Standard Specifications are broken down into two categories, Compensable Delay is defined in §108-04.A, and Non-Compensable Delay is defined in §108-04.B. For this contract utilizing CPM Progress Schedules, Non- Compensable Delays shall be further broken down into three types:

1. Excusable Delay - An excusable delay is one caused by an unforeseeable event beyond the Contractor’s control. Such delays, where the Contractor may be granted additional time to complete the work but no additional money, include, but are not limited to, acts of God, acts of public enemies, floods, droughts, tidal waves, fires, hurricanes, earthquakes, landslides, or other catastrophes.

2. Inexcusable Delay - An inexcusable delay is one caused by an event that the Contractor could have foreseen and prevented the delay but failed to do so. In such cases, the Contractor is responsible for all cost and time impacts resulting from the delay for all parties affected. Examples of events that cause inexcusable delays include seasonal weather, failure by the Contractor to procure materials in a timely manner, or failure by the Contractor to assign sufficient resources to the project.

3. Non-Critical Delays - Non-critical delays are delays, regardless of cause, that do not impact the critical path of the project. No added time or monetary compensation will be given the Contractor for such delays.

B. Written Notice and delay documentation. 1. The Contractor, upon determining critical activities have been delayed, shall provide written notice to the Engineer within ten work days of the delay causing event. The Contractor shall provide detailed information including: a) The events that caused the delay. b) Party(s) responsible for the delay. c) Activities in the current construction progress schedule affected by the events. d) The magnitude of the delay using the current progress schedule update. e) A time extension request, for any excusable delay. 2. The Engineer will review the delay documentation and the next Monthly Progress Schedule submission, and within 10 State Business days of those submittals will provide a written response to the Contractor. If the Engineer determines the delay is

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compensable or excusable, added compensation or a time extension as appropriate will be granted under the terms of the contract. 3. If the Engineer disagrees with the delay documentation and/or progress schedule update, a clear explanation will be included in the letter to the Contractor. This letter serves as formal rejection of the delay dispute by the Engineer. If the Contractor does not agree they may follow the Dispute Process. 4. Once a delay causing event is identified, the responsible party shall take all reasonable steps needed to minimize the impact of the delay. Failure of the Contractor to do so may result in the rejection of all or part of the delay dispute.

C. Failure to submit progress schedule If the Contractor fails to submit an acceptable progress schedule within the required timeframes in the CPM Scheduling specification, and/or fails to document any delay within the regular Monthly Progress Schedule submission that such delay allegedly occurred, the State shall have no liability as part of any subsequent contractor claims for time related dispute damages or for any damages resulting during the time period following the date on which actions resulting in the dispute occurred, or conditions resulting in the dispute became evident, until such requirements are met.

D. Documentation of Delay For any time related dispute damages to be recoverable by the Contractor, the Contractor shall meet the CPM Scheduling specification requirements for a Time Impact Analysis (TIA) and provide a contemporaneous record of the delay by the Department that adversely affected the Contractors operations within the next regular Monthly Progress Schedule submission following the date on which actions resulting in the dispute occurred or conditions resulting in the dispute became evident. If the Contractor fails to provide the TIA and/or fails to document such delay in the next regular Monthly Progress Schedule submission, the State shall have no liability as part of any subsequent Contractor request for time related dispute damages for any damages resulting during the time period following the date on which actions resulting in the dispute occurred or conditions resulting in the dispute became evident until such requirements are met.

E. Compensable or Excusable Delays When delays are determined by the Engineer to be compensable or excusable, the Contractor will be directed either to submit a request for an extension of the contract completion date and/or a request to accelerate work along with a schedule revision.

F. Delay Mitigation If the Contractor’s work falls behind schedule and the delay is neither compensable nor

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excusable, and the Contractor cannot complete the work within the time prescribed under §108-02 Completion Date, as modified pursuant to §109-05 Extra Work And Time Related Compensation and §108-04 Delay Provisions, the Contractor shall take such steps as may be necessary to improve its progress. The Contractor shall consider as a minimum the following potential schedule mitigation techniques: increase the number of shifts, begin overtime operations, work extra days including weekends and holidays, or supplement its construction plant and to submit for approval a recovery schedule or schedules, as may be deemed necessary to demonstrate the manner in which the agreed rate of progress shall be regained, all at no cost to the State. If the delay can not be mitigated, the Contractor shall submit a request for an extension of the contract completion date.

Failure of the Contractor to employ such schedule mitigation measures is grounds for the determination that the Contractor is not prosecuting the work with such diligence as to ensure completion within the time specified. Upon such determination, the Department may terminate the Contractor’s right to proceed with the work or any separable part thereof in accordance with §105-07 Termination.

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CRITICAL PATH METHOD (CPM) PROGRESS SCHEDULE REQUIREMENTS I/D PROVISIONS

Because this project includes the potential for significant incentive/disincentive payments, the timely establishment and maintenance of a CPM Progress Schedule is a priority.

The Contractor should carefully review the requirements of Item 639.10230011 - CPM (Critical Path Method) Progress Schedule - Type 3 and the special notes in the proposal pertaining to the project CPM Schedule. The Special Note, Changes to CPM Schedule Requirements, identifies several revisions to the allowable time frames included in the specification. These changes were made to provide for the establishment of an acceptable baseline schedule before the construction of the new bridge begins.

Failure to establish an acceptable Final Baseline Progress Schedule @ Award under the provisions of Item 639.10230011 and the various special notes pertaining to the CPM Schedule will not be considered as justification for an adjustment to the time frames pertaining to I/D clauses.

Particular attention should be given to the specified time frames for the establishment of a Final Baseline Progress Schedule at Award. The Contractor is advised to consider the early submission of a Baseline Progress Schedule as provided for in the specification’s Construction Details (Section B. Scheduling Software). This will enable the Department to complete an early review of the Contractor’s proposed schedule and facilitate a more productive Preconstruction Schedule Meeting.

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CHANGES TO CPM SCHEDULE REQUIREMENTS

The following notes are in addition to the requirements of Item 639.10230011 - CPM (Critical Path Method) Progress Schedule - Type 3 and shall be strictly adhered to:

No work other than installation of the Engineer’s Field Office, mobilization, procurement and administrative activities (including the submission of shop drawings), installation of construction signs, installment of erosion and pollution protection, clearing and grubbing, field measurements, and survey and stakeout will be permitted to start until the Final Baseline Progress Schedule @ Award has been “accepted” or “accepted as noted” by the Engineer.

Table 2 of Section D. Progress Schedule, 2. Baseline Schedule at Award, shall be revised as follows:

TABLE 2 (In State Business Days) Timeframe from receipt of Notice of Timeframe for Timeframe from Notice of Award Award to Submission of complete Engineer’s review to acceptance by the Engineer Baseline Schedule. (Column 2) not to exceed (Column1) (Column 3) 10 10 40

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INCENTIVE/DISINCENTIVE CLAUSE

A. GENERAL

The contractor will be awarded incentive payments for early completion of I/D work as described in this special note. Late completion of I/D work will result in a disincentive assessment which will be deducted from money due to the contractor. Payments and/or assessments will be made in accordance with item 698.93940015 INCENTIVE PAYMENTS/DISINCENTIVE ASSESSMENTS FOR WORK SUBJECT TO THE SPECIAL NOTE AINCENTIVE/DISINCENTIVE CLAUSE.

The I/D work and incentive payments/disincentive assessments are described in the special note ADESCRIPTION OF I/D WORK.@ If there are multiple I/D work time periods, each time period will include its own:

 maximum total number of calendar days to perform the work;  starting and ending dates or events for the I/D period;  daily cost;  maximum days for incentive determination; and  time frames and critical dates, if applicable.

B. DEFINITION OF TERMS

For this project, the following additional definitions shall apply:

1. CalendarDay - Every day shown on the calendar. ('101-02).

2. Daily Cost - The amount which represents the average daily cost of interference and inconvenience to the highway and/or bridge user excluding engineering inspection costs.

3. Engineering Inspection Costs - The costs to the Department for inspection of the contractor's work.

4. Substantially complete - THIS DEFINITION SHALL APPLY TO ONLY I/D WORK. Each individual I/D work period shall be considered to be substantially complete when: 1) all work requiring lane or shoulder closures or obstruction to normal flow of traffic is completed; 2) traffic is following the lane arrangement as shown on the plans for the finished roadway/bridge (or the

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specified phase(s) of work); and 3) all pavement construction, resurfacing, and traffic control devices shall be in their final position or as called for in the plans for the specified work.

C. EARLY COMPLETION OF I/D WORK

The Contractor will be paid the daily cost specified for each I/D work period for each calendar day the work is substantially completed before the number of calendar days stated by the Department for that period. The total number of calendar days for incentive payment for each I/D period shall not exceed the maximum number of days specified for incentive calculation in the special note ADESCRIPTION OF I/D WORK.@

Incentive payments shall be made for each individual I/D work period upon completion of the work included in the particular I/D period. Incentive payments will be made under Item 698.93940015.

The Engineer shall be the sole authority in determining when the work is substantially complete.

D. FAILURE TO SUBSTANTIALLY COMPLETE THE I/D WORK IN THE TIME SPECIFIED

Failure to substantially complete any I/D work within the number of consecutive calendar days specified will result in the daily cost specified for that work in the special note ADESCRIPTION OF I/D WORK@ being assessed for every calendar day in excess of the number of consecutive calendar days specified, up to the time when the work is substantially complete. THERE IS NO LIMIT ON THE AMOUNT OF DISINCENTIVE ASSESSMENT.

The assessments for failure to substantially complete the I/D work will be made separately for each I/D work period upon reaching the completion date established for each I/D work period. Disincentive will be collected under item 698.93940015.

The Engineer shall be the sole authority in determining when the work is substantially complete.

E. FAILURE TO COMPLETE ALL WORK ON TIME

CONDITION A

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If the I/D work is substantially completed prior to the contract completion date stated in the proposal, for each calendar day that any work remains uncompleted after the contract completion date, the appropriate liquidated damages in accordance with '108-03 will be deducted from any monies due to the Contractor. Engineering inspection costs may be added to the liquidated damages in accordance with '108-03.

CONDITION B

If the I/D work is not substantially complete by the contract completion date, the daily cost for the I/D work will be assessed in accordance with D. FAILURE TO SUBSTANTIALLY COMPLETE THE I/D WORK IN THE TIME SPECIFIED. In addition to the daily costs, engineering and inspection costs may also be assessed in accordance with '108-03. However, liquidated damages will not be assessed during the time the I/D work remains incomplete.

Following the substantial completion of the I/D work, if any other work remains incomplete, the appropriate liquidated damages will be deducted from any money due to the contractor in accordance with '108-03 for each day any work remains incomplete after the substantial completion of the I/D work. Engineering inspection costs will also be assessed along with the liquidated damages in accordance with '108-03.

F. ADJUSTMENTS TO I/D WORK

Adjustments to the I/D time periods will be made based on the critical path method schedule submitted by the contractor in accordance with scheduling provisions found elsewhere in the contract documents. Delays due to extenuating circumstances beyond the control of the Contractor, as provided in section '108-03, will be considered when making time related adjustments. Adjustments will be separately made for each phase/stage of work subject to I/D provisions.

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DESCRIPTION OF I/D WORK

The I/D portion work includes all work required to construct the new bridge and highway approaches in their entirety, as shown on the contract plans. The major bridge work elements include removal of any existing obstructions, excavations, foundations, abutments, piers, girders, arch span, deck, closure pours, precast deck panels and grinding, longitudinal grooving, bridge railings, pedestrian railings, bridge joints, curb, sidewalks, utilities, lighting and approach slabs. The major highway approach work elements include excavations, embankments, drainage systems, pavements (including the top course), shoulders, curbing, sidewalks, utilities, walls, signing, guide rail, final pavement markings, and removal of all barricades and temporary pavement markings.

Landscaping, turf establishment, causeway removal, and removal of the ferry slips are not included in the I/D portion work.

Starting date or event for determining the number of consecutive calendar days for the performance of the I/D portion work:

The counting of consecutive calendar days for the I/D portion work shall begin 10 calendar days after the date shown on the notification of contract award, CONR 349c or CONR 350c as applicable to the contract.

Ending date or event for determining the number of consecutive calendar days for the performance of the I/D portion work:

The counting of consecutive calendar days for the I/D portion work will end when the new bridge and approaches are complete, as described above and approved by the Engineer.

Data for Bid Preparation

Maximum number of consecutive calendar days to perform I/D work: 490 days.

Daily cost for incentive/disincentive: $30,000.

Maximum number of days for incentive payment is 50 days.

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COORDINATION BETWEEN CONTRACTORS

The Contractor is alerted to the fact that a contract to demolish the original Lake Champlain Bridge is currently in progress. The Coast Guard permit for the demolition of the bridge requires the demolition contractor to complete his/her activities in the lake by June 1, 2010.

The Contractor is alerted to the fact that additional contracts to perform certain restoration work adjacent to the project limits may commence before completion of this contract. It will be necessary for the contractor to coordinate operations with other contractors so as not to delay work on this or other contracts.

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WATERWAY CLEARING OF DEBRIS FROM FORMER BRIDGE

The Contractor is alerted to the fact that the clearing of the waterway of demolition debris is currently in progress by separate contract. At the time of award, demolition activities to clear the waterway may not be complete. The Coast Guard permit for the demolition of the bridge requires the demolition contractor to complete his/her activities in the lake by June 1, 2010. The Contractor is further alerted to the fact that sonar testing means will be used to verify the complete removal of demolition debris from the waterway. The Contractor shall develop the initial project schedule taking into account the aforementioned constraints. Further, the Contractor shall avoid scheduling operations that interfere with completing the removal of the demolition debris.

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LAKE CHAMPLAIN WATER ELEVATION

The contractor is alerted to the fact that the Lake Champlain water elevation fluctuates throughout the year and is a product of natural events. Typically, the highest water levels are in spring and the lowest water levels are in late summer and early fall. Variation in precipitation will affect the lake water elevation.

The historical maximum lake level was 102.1 feet above mean sea level on May 4, 1869 at Rouses Point, NY. The highest recorded level at Burlington, VT was 101.86 feet above mean sea level on April 27, 1993. The minimum recorded lake level in Burlington, VT was 92.6 feet above mean sea level on December 4, 1908.

Current lake levels at Burlington, VT can be found on the Geological Survey website (www.usgs.gov).

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LAKE WORK ZONE TRAFFIC CONTROL

Also see the related Special Note titled ‘Work in Navigable Waterways’

The Contractor shall maintain boating traffic at all times through the construction work zone, unless directed otherwise by the Engineer. Temporary closures of the main navigation channel shall not exceed more than two days and shall be permitted solely for any heavy lift operations. If the main navigation channel requires closure, the contractor shall delineate an alternative channel per USCG requirements. The channel closure is prohibited from April 1st to September 30th on weekends and the holidays listed on the Maintenance and Protection of Traffic plans.

The Lake Work Zone Traffic Control Plan included in the contract drawings is only one example of how lake traffic may be accommodated. Channel marker, buoy and sign locations, navigation channel width and location, and work zone area locations may vary, according to construction activities at the time, within the parameters specified elsewhere in the contract documents.

The Contractor shall submit a specific proposed Lake Work Zone Lake Traffic Control Plan for approval by the Engineer before any work is done in the water and no later than 15 days after award of the project. The plan shall depict how the Contractor intends to accommodate normal lake traffic through the construction work zone.

The Contractor shall provide and install channel markers, buoys and signs with appropriate warning messages such as “No Anchoring Within 100 ft.”, “Slow 5 MPH”, “No Anchor Zone” and “No Wake Zone” for buoys and “Construction Area Keep Out” signs as required by the U.S. Coast Guard, as shown on the plans, as specified elsewhere in these contract documents, and as directed by the Engineer.

Signs shall use a minimum of 10 inch, Series D letters. Channel markers and buoys shall conform to the requirements of the U.S. Coast Guard, including any warning lights and/or reflective tape as directed by the Engineer.

All costs associated with establishing and maintaining Lake Work Zone Traffic Control shall be included in the price bid for Item 619.01, Basic Work Zone Traffic Control.

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WORK IN NAVIGABLE WATERWAYS

Also see the related Special Note regarding ‘Lake Work Zone Traffic Control’.

1. Responsibilities:

The Contractor's attention is directed to Lake Champlain and the navigation channel therein. It shall be the sole responsibility of the Contractor to conduct operations to comply with all the regulations and requirements of the U.S. Coast Guard, the Corps of Engineers, The New York State Department of Transportation, the New York State Department of State and the New York State Department of Environmental Conservation, in connection with but not limited to, the maintenance of navigation and water pollution control.

The Contractor shall submit six (6) copies of the plan and schedule of operations to the New York State Department of Transportation, Region One, 328 State Street, 3rd Floor, Schenectady, NY 12305, for approval at least 35 days prior to commencing any work in or over the navigable waterway. After NYSDOT receives the project’s USCG permit, two copies of the Contractor's plan and schedule of operations (approved by the NYSDOT) shall then be submitted by the Contractor to the U.S. Coast Guard for their approval at least 21 days prior to commencement of work.

The plan and schedule or sequence of operation shall include: A sketch of the waterway, the location of any restrictions that will be placed in the waterway, such as barges, anchors and anchor lines, the location and height above mean high water of any scaffolding or netting, the placement, type and dimensions of cofferdams, dolphins, spars, etc., if used, method of screening silt from dewatering operations and a projected set of dates and length of time each operation will take. The schedule shall also include the hours of operation and whether or not equipment will be removed at night.

2. Laws and Regulations:

The State has applied for a permit for the construction of this project from the U.S. Coast Guard. It is anticipated that the U.S. Coast Guard Bridge Permit will be available for examination at the Office of the Regional Director, Region One on or after May 31, 2010. The Contractor shall comply with the requirements and provisions of this permit which are applicable to the construction work of this contract and shall pay all costs in connection therewith including but not necessarily limited to, the cost of any “Notice to Mariners,” the cost of relocating existing navigation aids and the cost of services performed by the U.S. Coast Guard, as required, such as special surveys in connection with misplaced material in waterways or making dumping inspections.

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The Contractor should be familiar with the regulations of Sections 301, 302, 306, and 307 of the Federal Water Pollution Control Act of 1972, Public Law 92-500, 86 Stat. 816; The General Bridge Act of 1946-(33 USC 525), Sections 9 & 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); Section 404, Stat. 816, Public Law 92-500; Section 103 of the Marine Protection Research and Sanctuaries Act of 1972, 86 Stat. 1052, Public Law 92-532 as they relate to the proposed construction activities. Proposed activities in the waterway which extend beyond the purview of the State's Permits as granted by the Coast Guard and/or the Corps of Engineers may be affected or restricted by these regulations. All costs and delays incurred in securing authorization for extraneous work activities not included in the Permits granted as stated herein, shall be borne by the Contractor and reflected in the prices bid for the various contract items.

The Contractor shall obtain all other permits and licenses and pay all charges and fees incurred. The Contractor shall give all notices necessary and incident to the due and lawful prosecution of the work, and shall comply with all laws, ordinances, rules and regulations of the Federal Government, the State, the City (Cities) and other bodies having jurisdiction over the work and encompassed by their Contract.

3. Maintenance and Protection of Navigation:

a. All work shall be so conducted that the free navigation of the waterway is not unreasonably interfered with and the present navigable depths are not impaired. The construction of falsework, pilings or other obstructions, if required, shall be accomplished in accordance with plans submitted to and approved by the NYSDOT (E.I.C.), and the U.S. Coast Guard prior to work being performed. At no time during construction, shall restrictions be placed upon navigation without first receiving approval of the E.I.C. and the U.S. Coast Guard. The Contractor shall contact both Offices at least (15) fifteen days prior to the proposed restriction periods.

All dredged material taken from the waterway beds shall be removed in accordance with the conditions as stated and/or required by the U.S. Coast Guard, the Corps of Engineers, the New York State Department of State and the Certification of Compliance with Water Quality Standards issued in accordance with Section 401(a)(1) Public Law 92-500, by the New York State Department of Environmental Conservation for this project.

The Contractor is further alerted to the fact that his work cannot interfere with the temporary ferry operations between Crown Point, NY and Chimney Point, VT, crossing immediately south of the new bridge alignment. The temporary ferry operates year round, 24 hours per day, 7 days per week. Schedule information can be obtained from the Lake Champlain Transportation website: http://www.ferries.com/temporary_schedule.asp.

b. Signal Lights and Markers:

Permanent navigation lights shall be installed in accordance with Title 33, Code of Federal Regulations, Part 118.70. The Contractor shall display signal lights, including any other aids to navigation whether permanent or temporary, and conduct operations in accordance with

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the General Regulations of the U.S. Coast Guard. The Contractor will be required to comply with all the provisions of the Coast Guard's “Inland Rules of the Road” governing all aspects of this project as they relate to navigable waters.

The Contractor shall service and maintain all “Aids to Navigation” (lights, fog horn, buoys, etc.) from the time they are installed until all work of the contract has been completed, at which time they shall be left in place and their maintenance taken over by others or removed as ordered by the State of New York and/or the Coast Guard.

Specific approval of the lights proposed to be furnished shall be obtained in writing from the State of New York and the Coast Guard by the Contractor. The Contractor shall submit for approval by the State, drawings and catalogue cuts of the lights, relays and batteries proposed to be furnished, including details for mounting and securing same, in accordance with Item 665.98000001 – Navigation Lights.

c. Notice to Mariners:

The Contractor shall notify the Coast Guard and the E.I.C. thirty (30) days in advance of work completion so that the appropriate notice can be given to mariners. The Contractor shall keep all offices apprised of conditions existing at the site, which relate to navigation, so that marine traffic may be notified accordingly, on a timely basis.

d. Temporary Removal of Navigation Aids:

The temporary removal or changes in location of channel markers may be required to facilitate navigation. The Contractor shall notify the Engineer and the U.S. Coast Guard at least 10 days prior to the desired removal of any channel marker in order that appropriate permission may be obtained and navigation interests fully informed in advance of the proposed change in location. e. Preservation of the Existing Waterway:

It shall be the responsibility of the Contractor to ensure that the waterway and channel depths are not affected by the work. Should it be suspected that the waterway or channel depths may have been impaired or that an obstruction may exist from the work, the Contractor shall upon the request of the Coast Guard, Corps of Engineers or the E.I.C., provide the necessary equipment and personnel to undertake a survey to determine the presence of any obstructions, objects or silting that may have occurred during construction.

Before commencement of work in or near the waterway, the Contractor shall conduct a fathometric survey (soundings) of the waterway bottom based on U.S.G.S. Datum for the full width of the waterway and for a distance 150 ft. upstream and downstream of the work site (new structure, bridge being replaced). Soundings shall be taken on a 10-ft. grid. A copy of the soundings shall be submitted to the E.I.C.

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Upon completion of the contract, an inspection of the waterway shall be performed again to insure that all construction wastes have been completely removed from the waterway. This inspection shall consist of both a fathometric (soundings) survey and a wire drag. The survey shall be taken on a 10-ft. grid and cover the area previously surveyed. The wire drag shall be performed after a review and comparison of the soundings have been made by the Engineer-In- Charge.

All work associated with this section shall be included in the unit price bid for Item 699.040001 – Mobilization.

f. Misplaced Materials:

Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink or misplace any material, plant, machinery or appliance, which may be dangerous or obstruct navigation, the Contractor shall promptly recover and remove the same. The Contractor shall give immediate notice of such obstruction to the Coast Guard and the E.I.C. The Notice shall give a description and location of any such object and action taken or being taken to protect navigation. Until removal can be effected, the object(s) shall be properly marked in order to protect navigation. Should the Contractor neglect to remove, or refuse to promptly remove any such obstruction, the E.I.C. shall have the same removed and charge the costs against monies due to the Contractor or recover under his Bond.

g. Obstruction of Channel and Waterway:

Should the Contractor's plant obstruct the channel and waterway so as to endanger the passage of vessels, as defined in the River and Harbor Act, it shall be promptly moved to the extent necessary to afford a practicable passage. Upon completion of the work, the Contractor shall promptly remove the plant, including ranges, buoys, piles, anchors and other markers placed by the Contractor under the Contract, either on shore or off shore.

4. Payment

The cost for complying with the aforementioned work in navigable waterways shall be included in the price bid for Item 619.01, Basic Work Zone Traffic Control, except as otherwise noted.

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Survey Grade GPS Units

The contract includes two survey grade GPS units, Item 625.10010101 and Item 625.10010201. The contractor should be alerted to the fact that the Department intends on utilizing one of these two units as a semi-permanent base station for the duration of the contract, as ordered by the Engineer.

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SUPERPAVE HOT MIX ASPHALT

50 Series, 60 Series, and 70 Series The Contractor should be aware that this is a performance-related specification in which the Contractor is responsible for compacting the pavement to within a specified density range. In order to successfully compact the pavement to the specified density range, the Contractor must be prepared to select, operate, and control the paving and compaction equipment, to monitor the results, and to make necessary adjustments (without direction from the Engineer) to achieve the desired results. Written instructions for determining pavement density and core locations are available from the Regional Materials Engineer or the Director, Materials Bureau.

80 Series The Contractor should be aware that this is NOT a performance-related specification. This is a method specification in which the Contractor is required to use approved compaction equipment and make at least the minimum number of passes specified in the contract documents. In order to successfully compact the pavement, the Contractor must be prepared to select, operate, and control the paving and compaction equipment in accordance with the specifications and make necessary adjustments to achieve a uniformly compacted pavement. The Engineer in Charge has final approval over the acceptability of the equipment, placement, compaction methods, and the final pavement condition.

The Performance Graded Binder used in the production of SUPERPAVE Hot Mix Asphalt mixtures for this project shall be a PG 64-22 as defined by AASHTO M320, Standard Specification for Performance Graded Asphalt Binder.

The HMA mix designs must be developed in accordance with the criteria specified in the SUPERPAVE Hot Mix Asphalt Items that are appropriate for an 'Estimated Traffic' level of < 3.0 Million 80 kN ESALs.

The use of polyphosphoric acid (PPA) to modify the PG Binder properties is prohibited. This prohibition also applies to the use of PPA as a cross-linking agent for polymer modification.

Vibratory compaction is NOT permitted when compacting hot mix asphalt courses on this contract. Static steel-drum rollers and pneumatic-tire rollers meeting the requirements of Section 402-3.04 shall be supplied by the Contractor for compaction of the hot mix asphalt. This static compaction requirement does NOT eliminate the Contractor's obligation to meet the appropriate density requirements for 50 Series, 60 Series, or 70 Series pavements. For 80 Series pavements, the number of passes listed in Table 402-5 shall be doubled for all HMA courses. Refer to Section 402-3.07-D entitled "80 Series Compaction Method, Option A".

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MAINTENANCE OF FERRY

As part of this Contract, the Contractor shall be responsible for the maintenance of the ferry transfer bridges throughout the duration of the contract. NYSDOT and VTrans will perform periodic inspections of the transfer bridges. Any repairs required as a result of these inspections shall be the responsibility of the Contractor. Payment for these repairs will be made by force account in accordance with §109-05B. Force Account Work.

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SHORTENED SHOP DRAWINGS REVIEW TIME

Due to the expedited nature of this project, the working drawing review times typically allotted for the DCES will be shortened. The DCES will have a minimum of ten (10) business days to review working drawing submittals, a maximum of three (3) calendar weeks to review shop drawing submittals, and a maximum of four (4) calendar weeks to review the Contractor’s means and methods presented in erection drawing submittals. In order to provide this expeditious review, the Contractor shall proceed with shop drawings as directed by the NYS Steel Construction Manual Article 202.1 Preparation: “the Contractor shall immediately prepare as soon as the contract is signed, complete and accurate shop drawings for all structural metals” and Article 202.3 e) “sets of drawings not meeting the requirements of Article 202.1- 202.3 may be returned without examination.”

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QUALIFICATIONS FOR STRUCTURAL STEEL BRIDGE FABRICATOR QUALIFICATIONS FOR STRUCTURAL STEEL BRIDGE ERECTOR QUALIFICATIONS FOR BRIDGE HANGER ERECTOR

Item 564.0502, Structural Steel (Type 2), Item 564.40000216, High Performance Steel (HPS Grade 70W) and Item 564.00010001, Bridge Hanger Assemblies and Erection, are designated as complex items of this contract. In addition, Item 564.00010001, Bridge Hanger Assemblies and Erection, is considered a Specialty Item in accordance with the “Specialty Items” provisions in §108-05 of the Standard Specifications. This complex work must be performed by a prime or subcontractor which the Department finds to be experienced and competent.

For the purposes of this Special Provision, Complex Bridge Structure shall be steel arches, steel trusses, steel cable supported or other long span steel bridges with a scope of work that closely parallels this project, over a waterway, requiring bolted connections, intermediate temporary supports, and having a minimum main span of 350 feet. Successfully Completed shall be understood to mean that the work was done within the terms of the contract, accepted by the Owner and the Owner will state they recommend the Fabricator/Erector to do similar work.

1.1 Structural Steel Bridge Fabricator. The Proposed Fabricator of the structural steel shall submit information demonstrating its experience and competence in accordance with the following:

1.1.1 The Fabricator shall have established proof of competency and responsibility by being registered and certified in accordance with the American Institute of Steel Construction, Inc. (AISC) Quality Certification Program, in the following categories:

 AISC Major Steel Bridges (Cbr);  AISC Fracture Critical Endorsement (F); and  AISC Sophisticated Paint Endorsement-Enclosed (P1).

1.1.1.1 The Fabricator shall be certified by AISC before the day of bid opening and shall maintain certification throughout the duration of the project until final acceptance of the work. A copy of AISC certifications is required.

1.1.2 The fabricator shall have successfully completed at least two projects within the last ten years (since January 1, 2000) involving fabrication of a complex bridge structure for a State Highway Agency or Authority.

1.1.3 The fabricator shall have trained, knowledgeable, and experienced personnel to administer, supervise and complete the work. The Contractor shall submit an organization chart listing all key personnel of the fabricator, identifying their role and intended duties on this project (i.e. project superintendent, project engineer, detailer, quality control manager, etc.). Complete experience histories and resumes shall be provided for each of the key personnel, specifically identifying their experience similar to that required on this project.

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1.1.4 If the proposed fabricator has other or different experience which it believes demonstrates its competency, it must submit that documentation to the Department before any award of the contract will be made.

2.1 Structural Steel Bridge Erector. The Proposed Erector of the structural steel shall submit information demonstrating its experience and competence to the DCES in accordance with the following:

2.1.1 Three reference letters from other State agencies or customers. Letters to be from successful projects of similar construction or complexity that they have completed.

2.1.2 List of bridge projects completed within the last five years with similar construction or complexity. The erector shall have successfully completed at least two projects within the last ten years (since January 1, 2000) involving construction of a complex bridge structure for a State Highway Agency or Authority.

2.1.3 The applicant shall have a Quality Practices Manual which contains, as a minimum, the following:

 The Erector’s quality practices vision or mission for the erection company and its’ personnel. The Quality Practices Manual shall, at a minimum, address the requirements of the applicable NYSSCM sections as a method of interfacing erection operations in a manner that enhances quality work.

 The Erector’s mission statement or a statement concerning a commitment to quality and safety. This should define the management policy towards providing safety and quality. This policy shall be implemented at all levels of the organization.

 The Erector’s organizational chart which shows all key personnel positions that affect quality and safety, in both the field and home office. All lines of communication and authority shall be shown.

 Work histories and all training which has been received shall be provided for personnel filling key quality and safety system positions including, but not limited to, the job site Superintendent, Engineering Manager (both main office and job site), Safety Manager (office and job site), and all competent persons as defined in Standard Specification §107-05 P. 1. A person may hold more than one position.

 Written quality and safety procedures including all erection operations pertaining to rigging, lifting, bolting, and welding.

 Quality Assurance reviews of frequently used procedures shall be submitted which show methods of continuous improvement of quality. The Erector shall prove their capability of meeting the technical contract requirements.

2.1.4 The erector shall have trained, knowledgeable, and experienced personnel to administer, supervise and complete the work. The Contractor shall provide an organization chart listing all key personnel of the erector, identifying their role and intended duties on this project (i.e. project superintendent, project engineer,

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construction engineer, quality control manager, etc.). Complete experience histories and resumes shall be provided for each of the key personnel, specifically identifying their experience similar to that required on this project.

2.1.4.1 The erector shall provide a Construction Engineer having experience in the erection analysis and the erection of complex bridge structures that will perform the erection analysis, prepare the erection plan and oversee structural steel erection. The Construction Engineer shall be a Licensed Professional Engineer licensed in the State of New York.

3.1 Bridge Hanger Erector. The Proposed Erector of the Bridge Hanger Assemblies shall submit information demonstrating its experience and competence in accordance with the following:

3.1.1 The erector shall have successfully completed at least two projects within the last ten years (since January 1, 2000) involving work on cable structures requiring installation and tension adjustments of structural cables similar to that required on this project.

3.1.2 The erector shall have trained, knowledgeable, and experience personnel to administer, supervise and complete the work. The Contractor shall provide an organization chart listing all key personnel of the erector, identifying their role and intended duties on this project (i.e. project superintendent, project engineer, quality control manager, etc.). Complete experience histories and resumes shall be provided for each of the key personnel, specifically identifying their experience similar to that required on this project.

The Apparent Low Bidder must submit all required documentation of the experience and competency of the proposed Structural Steel Bridge Fabricator, Structural Steel Bridge Erector and Bridge Hanger Erector to the Department for approval within seven calendar days after the bid opening.

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ERECTION OF ARCH SPAN

This work shall consist of erection of the arch structure in accordance with the contract documents, Section 1403 Erection of Structural Steel of the Steel Construction Manual (SCM), and as directed by the DCES. For the purposes of this note, “erection” is meant to include the pre-assembly of the arch span off-site, the transportation of the pre-assembled arch to the bridge, the lifting and installation of the arch span in its permanent location, the placement of the precast deck and sidewalk panels and associated railings, and all structural adjustments necessary to achieve final geometric configuration.

A suggested schematic erection sequence is shown in the Contract Documents and specified herein. The Contractor shall prepare a complete erection method based on the erection sequence chosen. The Contractor shall define and analyze all temporary and permanent loads to be supported during erection and shall submit complete detailed working and erection drawings of the Contractor’s elected erection sequence, including all design calculations, to the DCES for review.

No work on arch span erection shall be performed until the Contractor’s erection sequence is reviewed and approved by the DCES in its entirety. Approval of the Contractor’s erection sequence and Plans shall not relieve the Contractor from his sole responsibility for performing all work required by the Contract Documents.

If the Contractor elects to use the construction sequence shown in the Plans, he shall ascertain for himself the practicality thereof and shall assume all responsibility for the safety and stability of the bridge in all phases of construction as well as any erection equipment.

Modifications of the structure for erection purposes will be permitted, subject to the approval of the DCES, provided that the proposed modifications will have no adverse effect on the completed structure. The design, detailing, supply and installation of any proposed modification shall be provided by the contractor at no additional cost. Any design computations submitted by the Contractor shall be prepared by a Professional Engineer registered in the State of New York, experienced in cable supported bridge design and construction. Contractor’s Professional Engineer shall have at a minimum worked on three (3) cable supported or truss bridge projects in the previous ten (10) years.

The safe erection of the bridge is the sole responsibility of the Contractor. Neither the Contractor’s use of an erection procedure similar to that shown on the plans, nor the DCES’s review and approval of the Contractor’s erection plan and procedures shall relieve the Contractor of this responsibility.

Governing Codes

• AASHTO LRFD Bridge Construction Specifications, latest edition. • AASHTO Guide Design Specifications for Bridge Temporary Works, latest edition. • AASHTO Construction Handbook for Bridge Temporary Works, latest edition. • AISC Steel Construction Manual, latest edition.

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• NYS Steel Construction Manual (SCM), Third Edition.

Assumptions

Several assumptions, described hereinafter, have been made concerning the erection process in order to design the structure. Deviations from these assumptions may require reanalysis or redesign. The Department will be the sole judge in determining the amount and extent of reanalysis or redesign to be performed by the Contractor when any deviation from the design shown on the plans is proposed by the Contractor.

• The piers are constructed prior to beginning the erection of the deck or arch.

• The arch has been designed with the assumption that the arch will be erected off-site and transported via barges and erected using the heavy-lift method. To erect the bridge off-site, temporary falsework will be required to support the partially constructed arch span. It is the Contractor’s responsibility to ensure the safety and stability of the partially erected structure at all times, including the safety and stability of any necessary falsework bents and/or temporary stay cables during off-site arch erection. The falsework and the arch in its partially constructed condition shall be designed for wind loads consistent with a 20 year return period as presented in the climatology study prepared by RWDI for this project. The Contractor’s attention is directed to the general notes for additional information.

• For float-in and heavy lift operations, it has been assumed that the precast concrete deck panels for both sidewalks and deck have not been installed, and will be placed only after completion of heavy lift activities and transfer of the arch dead load to the permanent bearings. This is consistent with the suggested erection sequence presented in the Contract Documents.

• At the time of hanger installation, hangers are to be installed to a predetermined force, as specified by the designer, consistent with achieving final geometry as specified in the contract documents after completion of construction activities. The placement of deck panels and closure pours will be cause for redistribution of hanger forces and it is anticipated that interim and final restressing of some cable hangers will be necessary during construction activities to ensure proper force distribution through the arch including hangers. At no time during construction activities will hangers be allowed to go slack. During erection, cable stressing shall be conducted on each pair of hangers simultaneously (for example, H5 and H5’). Any interim imbalance in hanger forces during stressing or re-stressing operations shall not exceed 5%.

• All designs and detailing work (shop and working drawings), and erection sequence stress calculations shall be prepared, approved and signed by a Professional Engineer registered in the State of New York.

• The Contractor is referred to the Design Specifications and Loads on the plans. When preparing erection design stress calculations for shop and erection drawings, erection stresses shall be computed in accordance with the Design Criteria on the Plans.

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• The following shall be performed by the Contractor and will be subject to the DCES’s approval:

a) Conceptual Erection Sequence for the arch and approach spans shall be prepared in accordance with Section 204 Erection Drawings of the SCM. The Contractor shall submit this conceptual erection sequence within 60 days of contract award for review and approval by the DCES.

b) Based upon the approved conceptual erection sequence, the Contractor shall prepare a Detailed Erection Engineering Submittal including Erection Drawings in Accordance with Section 204 Erection Drawings of the SCM. Erection stresses in permanent and temporary members and pier and falsework reactions shall be determined for each stage of the arch erection (including the steel erection prior to lifting into final position, during all phases of the lifting sequence, and during placement of concrete panels and closure pours after lifting and securing on permanent bearings) and the steel approach spans (including the span by span girder erection and erection of the delta frames). Moments, shears, axial loads and other forces shall be computed and tabulated for the superstructure at a sufficient number of points to demonstrate that the load demand will not exceed the capacity and allowable stresses during erection. The Contractor shall include as part of the step-by-step erection procedure complete details of hanger fabrication, erection, and stressing. Details of contemplated elevations, cable lengths, adjustments and shims required shall be shown for each erection stage. Final hanger adjustments and verification of both geometry and hanger forces shall be performed after all other dead loads are in place.

c) The Contractor shall prepare and submit detailed shop and erection drawings to the DCES in accordance with the requirements outlined in these Special Specifications. All submittals by the Contractor shall be made within 60 days of Approval of the Conceptual Erection Sequence Submittal to allow the Department adequate time for review as stipulated elsewhere in the Contract Documents. The review period for submittals and any re-submittals shall be per Section 202.13 Detention of Shop Drawings in the SCM, except as modified by the Special Note titled “Shop Drawing Review Times.”

d) Within thirty (30) days of award, the Contractor shall meet with representatives of the Department to discuss the proposed erection procedure, erection design criteria, and structure capabilities to support the proposed erection scheme. The DCES will review the preliminary erection procedure proposal for general compliance with the contract requirements.

e) The Contractor shall develop and submit to the DCES a complete description and stress calculations of the proposed process and sequence of erection including positions and weights of equipment at each position and weights of equipment at each stage in sufficient detail to allow review of the effects of the erection procedure on the structure.

f) The Contractor shall submit to the DCES the detailed design of all erection equipment, falsework, temporary bracing and other items as required for

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erection. The Contractor shall also submit all proposed modifications to the permanent steel structure required to accommodate the temporary erection equipment, falsework and/or bracing.

g) The Contractor’s sequence of construction shall ensure the intermediate static and dynamic stability of the structure for the various stages of the construction.

h) Based on the Contractor’s construction equipment and procedures, the Contractor shall compute and prepare tables of anticipated hanger tensions in each hanger at corresponding stages of erection including, but not limited to, the stages of deck construction and after full dead load. The tables of anticipated hanger tensions and computations shall be submitted to the DCES for review. All computations submitted by the Contractor shall be prepared and sealed by a Professional Engineer registered in the State of New York, experienced in cable supported bridge design and construction. The Contractor’s Professional Engineer shall have at a minimum worked on three (3) cable supported or truss bridge projects within the previous ten (10) years. Such computations shall be submitted in a neat, organized manner that is easy to follow.

Approvals

The proposed erection sequence shall be subject to the following approval procedure:

a) The DCES will review the preliminary erection procedure proposal for general compliance with the erection requirements outlined elsewhere in these Special Specifications and as stipulated in Section 202.6 Preliminary Review & Approval of the SCM.

b) The Contractor shall develop and submit to the DCES a complete description of the proposed procedure and sequence of erection, including positions and masses of equipment and stored materials at each stage. This submittal shall be of sufficient detail to permit review of the erection procedure on the structure as required above.

c) After the DCES reviews the process and sequence of erection, the Contractor shall submit to the DCES for review, detailed design of all falsework, temporary stays, jacking systems and associated details, temporary lifting attachments, and other items as required for safe erection of the structure.

Geometric Control Plan

The following shall be performed by the Contractor and will be subject to the DCES’s approval.

a) The Contractor shall be responsible for geometric control of construction so that the completed structure will conform to the lines, grades, and dimensions and hanger stresses shown on the Plans. A geometric control plan shall provide the regular monitoring of the superstructure deflections during arch span erection. The plan shall include procedures for adjusting bridge geometry during erection to achieve interim and final geometry targets.

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b) The Contractor shall furnish competent engineering and surveying personnel and equipment to establish and verify elevations and alignment of the structure and hangers at critical stages of construction. Personnel involved in hanger prefabrication, installation and stressing activities shall have a minimum experience of at least three (3) similar projects within the previous ten (10) years. Hangers shall be installed with sufficient shims or other adjustment devices to permit at least 2 inches of detensioning without releasing hanger anchorage component devices. Reseating of wedges for detensioning operations will not be permitted. The reference target for detensioning capability shall be the as-engineered state at the end of construction. The Contractor shall be responsible to determine the need for the amount of shims or adjustments which may be required during erection. The DCES shall review each such use of shims.

c) The Contractor shall check the elevations and alignment of the structure at every stage of the construction. All surveying shall be performed at a time that will minimize the influence of temperature gradients on the structure. Surveying shall be provided to an accuracy of 1/8 inch. The Contractor shall maintain a record of all surveys, check readings, adjustments, and corrections and shall file such data with the DCES.

d) The structure shall have a geometric configuration at 55°F normal temperature in general conformance with the dimensions shown on the Plan for the dead load condition. Final adjustments shall be made to obtain the dead load cable stress and deck elevations within the following tolerances:

1) Absolute tolerance in deck elevation at centerline of bridge shall be +3 inches to -2 inches provided that deck elevations at panel points (hanger/floorbeam locations) follow a smooth curve consistent with the grade profile, within a tolerance of ½ inch.

2) In general, hangers shall be adjusted for the dead load condition such that each individual hanger shall not exceed values at ±5% of the hanger dead load computed from approved working drawings. No individual hanger dead load force shall fall outside a range of ±10% of the hanger dead load computed from approved working drawings.

3) The hanger cross sections and geometric lengths shown on the plans are for the convenience of the Contractor only. Final fabrication lengths shall be calculated by the Contractor after erection loads and methods are known and detailed erection stress calculations have been completed. The tolerance in the fabricated length of the cable, in the unstressed condition, shall be as plus 1 inch, minus 0 inches.

Intermediate values may be interpolated. Differences between the actual and planned fabricated length shall be compensated for by shims or other adjustment devices at the bottom anchorage.

4) The elevations shown are final elevations to be achieved and do not include the effects of elastic shortening during the construction period. The Contractor shall consider these effects in his analysis and in his construction plan.

Permits

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The Contractor shall obtain required permits for float-in and heavy lift operations, and comply with the requirements of said permits, from the U.S. Coast Guard, U.S. Corps of Engineers, and other agencies having relevant jurisdiction in connection with the vessel traffic (including obstructions and vertical clearances).

Deflection

The Contractor shall monitor the deflections in the permanent structure caused by the erection process, and report values to the DCES for evaluation. The procedures are to be listed in the geometric control plan above. The DCES will be the sole judge of the degree of compliance with the erection process and the requirements specified herein.

At intermediate and final stages of arch erection, which the DCES will designate depending on the approved sequence and method of erection, the tension in selected hangers will be verified using lift-off methods to ensure that the measured hanger force is generally consistent with the computed hanger forces provided in the approved working drawings and erection sequence.

Arch Closure

At the time of closing the steel arch ribs, the Contractor shall bring the ribs into alignment by jacking, counterweighting or adjusting selected hangers. This shall be included in the Contractor’s erection scheme submittal to the DCES.

Once the closure of the ribs is completed, the hangers shall be adjusted as required to produce the required stresses and profile grade adjustment necessary at that time.

Restressing Hanger Cables

Upon completion of placing the deck, sidewalks, bridge rail, and pedestrian railing, the hanger cables shall be restressed as required to maintain geometry tolerance and/or target cable tensions as specified herein.

Clean Up of Tie Girder

After completion of hanger installation and adjustments, all debris shall be removed from inside of the tie girders and end floorbeams to the satisfaction of the Engineer.

Basis of Payment

No separate payment will be made for the erection of the arch span. The cost of furnishing all equipment, materials, and labor and performing all work required for erecting the Arch Span, as prescribed above and as shown on the plans, shall be included in the appropriate 564 series items.

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ORNAMENTAL PEDESTRIAN RAILING AND PEDESTRIAN RAILING LIGHTING

The posts, panels, and all hardware of the pedestrian railing shall be galvanized and paid for under Item 568.80010010 – Ornamental Pedestrian Railing. The handrail of the pedestrian rail and lighting fixtures therein will be included in the 670 series of items included in the contract. Railing posts shall be oriented normal to the theoretical grade line and as shown on the Contract Plans. The contractor shall submit shop drawings to the Engineer for approval in accordance with the Steel Construction Manual. Drawings shall show clearly all materials, connecting methods, and catalog cuts for fixtures. The Contractor shall be required to create a full size mock up of one full panel of the pedestrian railing, including posts, panel, and handrail with operating lighting fixtures, for approval by the Department prior to ordering materials for the ornamental pedestrian railing and pedestrian railing lighting to be installed on the structure. The cost for all work associated with the fabrication of the aforementioned mock up shall be included in the unit bid price for Item 568.80010010.

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BUY AMERICA AND MICROPILE STEEL

Structural steel casing used for micropiles must meet the Buy America Provisions in Section 106-11 of the Standard Specifications. Items 551.99300917 and 551.99450017 require mill certificates be provided for the casings. These certificates will be required without exception.

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BUILDING CONDITION SURVEY – ITEM 634.99010017 VIBRATION MONITORING (NONBLASTING) – ITEM 634.99020017

The Contractor’s attention is directed to the close proximity of structures to the bridge highway approaches throughout the project limits. Excavation, sheet piling, installation of micropiles, backfill and compaction, and any other construction operations shall be conducted in a manner which will not damage or distress any structures, including but not limited to, adjacent buildings and structures, historic structures and/or artifacts, utilities or tunnels. Any damage caused by or related to the Contractor’s operations shall be repaired by the Contractor at no additional cost to the State.

The Contractor is required to engage the services of a Professional Engineer to conduct a pre and post condition survey of the existing structures listed in the table below and an experienced vibration monitoring consultant to measure peak particle velocities prior to, and during construction operations. The Contractor must perform all work in a manner that will limit construction vibration at the specified locations to within the limits determined by the Professional Engineer, as agreed upon by the Engineer. Payment for the Building Condition Survey will be paid for under Item 634.99010017 and payment for the Vibration Monitoring (nonblasting) will be paid for under Item 634.99020017.

House/Structure Side Reason for Bldg. Condition Survey at Sta.: 105+00 LT Historic Significance/Proximity to highway Fort St. Frederic Ruins 103+00 RT Historic Significance/Proximity to highway Lake Champlain Toll Keeper’s House (Visitor Center) 126+00 RT Historic Significance/Proximity to highway Chimney Point Historic Tavern & Museum 130+00 RT Historic Significance/Proximity to highway Chimney Point Historic Site 131+50 LT Proximity to highway Cottonwood on Lake Champlain, LLC

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pH AND TURBIDITY MONITORING DURING IN-LAKE TREMIE CONCRETE PLACEMENTS

The Contractor is alerted to the need to monitor pH levels and turbidity of water being discharged from the pier shafts and from the pile caps during in-Lake concrete operations. The contractor shall use one continuous pH monitor outside the turbidity curtain and another continuous pH monitor at the top of the pier shafts during active concrete pours. The monitor outside the curtain will establish the baseline pH of Lake Champlain prior to beginning each shaft pour. If at any time during the concrete placement either monitor measures a pH level change more than 1.5 from the baseline reading, all water being discharged from the pier shaft shall be immediately redirected to a temporary containment unit.

The contractor shall also visually monitor the water at the top of the pier shaft throughout the operation. If the water appears progressively more turbid than the water outside the turbidity curtain, then all the water being discharged from the pier shaft shall be immediately redirected to a temporary containment unit.

At no time during an in-Lake concrete pour operation shall any concrete be released into the Lake or into the area enclosed by the turbidity curtain. When the pour of each shaft is nearing completion, the top layer of concrete and water shall be collected into a temporary containment unit.

After the pour is complete, any water diverted to the temporary containment unit shall be measured for pH and overall turbidity. The contractor shall treat the water, using a method approved by the State, to bring the pH to within the 6.5 – 8.5 pH range. After any suspended fines settle out and the water is of a clarity acceptable to the Engineer in Charge, the adjusted water can be slowly released back into the Lake. Silts and other solids left in the containment unit shall be discharged properly to an approved disposal site.

All work associated with this note shall be paid for under Item 551.99496017, Drilled Shafts or Item 553.20000X01, Watertight Enclosure with Tremie Seal Precast Slab and Removable Cofferdam Wall Segments, as applicable.

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TURBIDITY CURTAIN AND DISPOSAL OF EXCAVATED MATERIAL FOR DRILLED SHAFT CONSTRUCTION

The Contractor is advised that turbidity curtains must be utilized around all piers constructed in open water for Drilled Shafts, as detailed below and in the Contract Plans. Turbidity curtains shall extend from the water surface to the mud line. Turbidity curtains will not be required for construction operations within a functioning cofferdam that prevent sediments or soils from becoming suspended in the lake.

Notes: 1. All material removed from the casing shall be temporarily stored on the barge and subsequently disposed of at an approved off-site and upland waste site. 2. The use of turbidity curtains will be required around each foundation constructed in open water. Turbidity curtains shall remain in place until after all fines in any turbid water have settled. 3. The tremie concrete will be placed from the bottom and displace water upwards; minimal, if any, mixing of concrete and water will result. The interface of the tremie concrete may be alkaline. The Contractor shall monitor the PH of displaced water and, if not within acceptable limits, shall make provisions to balance the PH or dispose of this water without harm to the environment (see also the pH and Turbidity Monitoring Special Note).

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ARCHITECTURAL TREATMENT OF VERTICAL CONCRETE SURFACES

A concrete textured pattern shall be added to the exposed vertical face of the ABUTMENT WALL and T-WALLS, and on any other location as indicated in the contract documents, in accordance with the following requirements:

Texture Pattern:

The texture shall consist of horizontal groves, 1 ½ inches O.C., a fractured face and having a minimum to maximum relief of ¾ inch.

The following texture patterns meet the above requirement:

The Reinforced Earth Company (978) 664-2830 “Fractured Fin”

LB Foster (703) 499-9818 Scott Systems, Inc. Pattern #109 “Fractured Fin”

Hilfiker Retaining Walls (800) 762-8962 “Fractured Fin”

Or an equal pattern, approved in writing by the Engineer-in-Charge after consulting with the Regional Landscape Architect.

The “Maple Leaf” pattern shall be added to the wing walls, as indicated on the contract drawings. A Maple Leaf formliner shall be used. It can either be cast in place or cast-and- placed and bolted in the wall. The color shall match the colors of the piers. In order to achieve the desired shading, a relief of 3 inches will be required which may necessitate special forming considerations. An example of a full-size Maple Leaf Pattern is available to view in the NYSDOT Region One Landscape Architecture Office at 328 State Street, Schenectady, New York.

The Contractor is required to submit a 4 ft by 8 ft sample of the simulated finish. The Engineer, in consultation with the Regional Landscape Architect, shall approve the sample panel before work commences.

All cost associated with the texturing shall be included in the unit price bid for Item 555.72940001, Architectural Treatment - Vertical Concrete Surfaces.

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PERMITS The New York State Department of Transportation and the Vermont Agency of Transportation have (or will) secure the permits listed in the table below for the project. The Contractor shall give all necessary notices, obtain any unforeseen or additional permits and pay all legal fees encountered in the work. Additionally, compliance is required with all public agency laws, ordinances, or regulations of the States of New York and Vermont, and all local agencies having jurisdiction over work of this character. Where a conflict occurs between these specifications and the requirements of a permit, ordinance, regulation, or local agency law, the most restrictive requirements shall prevail.

Issues/ Responsibilities/ Prerequisites Permit Agency Name Or Status - Time Frame Consultation

The Contractor is alerted to the fact that the USCG permit application has been submitted but not yet issued. There is a possibility that the permit will not be issued prior to award of the contract. Although this may be the case, work on the project shall commence. However, until the permit is US Coast Guard Section 9 issued, the Contractor will not be allowed to work or place any equipment or materials within Lake Champlain and construction of the proposed bridge will not be allowed. Anticipated Date of permit: May 31, 2010

The New York State Department of Transportation pursuant to the Council on Environmental US Army Corps of Quality Regulation for Implementing the Procedural Provisions of the National Environmental Engineers (ACOE) NWP 23 Policy Act (NEPA) (40 CFR part 1500 et seq.) will secure a United States Army Corps of NY Engineers (USACE) Section 10 Nationwide #23 Permit – Approved Categorical Exclusion for this project.

The New York State Department of Transportation and the Vermont Agency of Transportation US Army Corps of pursuant to the Council on Environmental Quality Regulation for Implementing the Procedural Individual Engineers (ACOE) Provisions of the National Environmental Policy Act (NEPA) (40 CFR part 1500 et seq.) will Permit VT secure a United States Army Corps of Engineers (USACE) Individual Permit. Anticipated date of permit: April 15, 2010

The contractor is alerted to the fact the Indiana Bat is a federally-designated threatened and endangered species known to inhabit the proposed project area. Indiana bats utilize Crown Point Concurrence US Fish and Wildlife as a migratory route across Lake Champlain. The tree line at the edge of Lake Champlain is to be letter received, Service (USFW) maintained to all extents possible. Any tree removal activities associated with construction of the “no effects” new bridge must be confined to the time period between November 15 and March 31. COMPLETED

The Contractor is alerted to the Section 106 Programmatic Agreement contained in the Contract Documents. The Programmatic Agreement specifically details the historic and cultural resources Advisory Council on in the project area and outlines the need to avoid and minimize impact during construction to Historic Consultation those resources. It establishes a Historic Preservation Monitor that needs to be made aware of all Preservation construction activities that may have an impact on resources. The Programmatic Agreement also details procedures for archaeological investigation and monitoring underground during construction.

NYS Department of The New York State Department of Transportation pursuant to Article 15, NYCRR 608, Protection Environmental of Waters will secure an Individual 401 Water Quality Certification (WQC) from the New York Conservation State Department of Environmental Conservation (NYSDEC). All conditions and requirements IWQC (NYSDEC) must be adhered to during construction activities. Anticipated date of permit: March 30, 2010

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Issues/ Responsibilities/ Prerequisites Permit Agency Name Or Status - Time Frame Consultation

Adirondack Park 814 Order The New York State Department of Transportation pursuant to Section 814 of the Adirondack Agency (APA) Park Agency (APA) Act, 9 NYCRR 4.150, 9 NYCRR part 577 and Executive Order 150 will secure an APA Project Permit and Order for this project. General areas of concern and/or traditional permit conditions are listed below and shall be applicable to this contract. Wetlands Wetlands boundaries shown on the plans have been delineated using both onsite and offsite methodology in consultation with the APA resource staff. Avoidance of impacts to wetland resources is a high priority for this contract. General The Contractor is advised that additional permits may be required from the APA for the following work locations: • Engineers Office • Contractor's staging and storage • Surplus material and borrow locations

The Contractor shall be responsible for obtaining all applicable approvals and/or permits for alternative work locations not shown in the contract documents as pre-approved. Delays to the Contractor's operations due to lack of approvals or permits for additional locations not shown in the contract documents shall be the responsibility of the Contractor and not be a justifiable reason for extension of time under Section 108-04 of the Standard Specifications. Staging areas, within the New York State , will be required to be permitted through APA. Staging Areas, Storage Areas, and Waste /Surplus Material Disposal The Contractor is advised that any staging areas, storage areas, and waste or surplus material disposal locations in New York need to provide for the protection and restoration of property and the landscape and shall be in accordance with section 107-08 of the NYSDOT standard specifications. The APA has determined that disposal of uncontaminated waste materials resulting from construction activities from Department projects is considered "disposal of other wastes". As such it is a "regulated activity" subject to APA jurisdictional review and permitting within APA regulated areas. Also, it should be noted that for the disposal of surplus material, the disposal of waste is not consider a "Rivers Project" pursuant to the NYS Wild, Scenic and Recreational Rivers System Act in an Area classified as Hamlet on the Official Adirondack Park Land Use and Development Plan Map. Prior to applying to the APA for any permit application for staging area, storage location, and/or waste/surplus material disposal, the Contractor must field review the proposed site(s) with the Department staff to determine the suitability of the site(s) and to assess the presence of wetlands, cultural resources and endangered species. Department staff will review the draft application materials with the Contractor to determine whether all of the required information is being provided, prior to the Contractor submitting the application to the APA. The Department will provide a letter to APA stating it has reviewed the Contractor's proposed staging area, storage area and/or waste/surplus material disposal plan and finds it environmentally sound and acceptable to the Department. The Department will also review the completed sites to determine whether it has been properly undertaken and stabilized. As a minimum, prior to contacting the APA staff, the Contractor should be able to provide the following proposed site information; the Town or Village, property owners name, property; parcel numbers, land use classification, wetland determination and disposal waste volume. Truck and Equipment Cleaning All earth moving equipment, including but not limited to excavators and dump trucks, shall be clean prior to being brought on site. Per Section 107-01 of the Standard NYSDOT Specifications, during construction, the Contractor shall thoroughly clean all construction equipment and vehicles operating in any invasive plant areas prior to moving to non-invasive locations. The intent is to ensure that invasive plant species are not spread within or out of the construction site. The cost of washing equipment shall be included in the bid price for the associated earthwork items. APA Jurisdictional inquiries should be directed to: Mr. Tom Saehrig, Environmental Program Specialist Adirondack Park Agency P.O. Box 99 Ray Brook, N.Y. 12977 (518) 891-4050 Anticipated date of permit: April 15, 2010

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Issues/ Responsibilities/ Prerequisites Permit Agency Name Or Status - Time Frame Consultation

The Vermont Agency of Transportation (VAOT) pursuant to 29 Vermont Statutes Annotated (VSA) VT Agency of Lakes and Chapter 11 Management of Lakes and Ponds will secure a Shoreland Encroachment Permit Natural Resources ( (“Lakes and Ponds Permit”). This includes Section 401 Water Quality Certification. ponds VT ANR) Anticipated date: March 12, 2010

State of VT Construction NPDES Anticipated date: March 31, 2010 GP

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PROGRAMMATIC AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION THE NEW YORK STATE HISTORIC PRESERVATION OFFICE THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION THE VERMONT STATE HISTORIC PRESERVATION OFFICE THE ADVISORY COUNCIL ON HISTORIC PRESERVATION THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND THE VERMONT AGENCY OF TRANSPORTATION

REGARDING IMPLEMENTATION OF THE LAKE CHAMPLAIN BRIDGE REPLACEMENT

January 29, 2010

WHEREAS, the Federal Highway Administration (FHWA), the New York State Department of Transportation (NYSDOT), and the Vermont Agency of Transportation (VTRANS) propose a federally-funded undertaking to develop a permanent transportation facility to replace the functionality of the Lake Champlain bridge with a replacement structure in the same location, crossing Lake Champlain between Crown Point, New York and Addison, Vermont; and

WHEREAS, the Lake Champlain Bridge was closed on October 16, 2009 by NYSDOT and VTRANS and a State Disaster Emergency was declared under Executive Order No. 28 by Governor David A. Paterson of New York, and a Declaration of Emergency was issued on October 16, 2009 by Vermont Secretary of Transportation David Dill; and

WHEREAS, planned, intentional razing of the existing Lake Champlain Bridge superstructure, piers, and abutments began on December 28, 2009 to avoid the risk of sudden, potentially catastrophic bridge failure; and

WHEREAS, the Governors of New York and Vermont have made it a priority to restore a permanent crossing to meet the critical needs of communities that face significant hardships in the absence of a permanent highway crossing; and

WHEREAS, new locations for the crossing were eliminated from further consideration based upon input received from the public and from local communities; and

WHEREAS, replacing the bridge with a permanent ferry was dismissed based on input from the public, and from the Lake Champlain Bridge Public Advisory Committee (PAC), that a permanent ferry would not meet the needs of the local communities; and

WHEREAS, the undertaking proposes to construct a new bridge in the same location as the previous 1929 Lake Champlain Bridge, which includes reconstruction and minor reconfiguration of bridge approaches on both the New York and Vermont sides,

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construction of new bridge piers near the shore and in the waters of Lake Champlain, and construction of a new bridge superstructure atop the piers to carry vehicular, pedestrian, and bicycle traffic across Lake Champlain between Crown Point, New York and Addison, Vermont; and

WHEREAS, the undertaking will also require water and shoreline access locations, and equipment and material staging areas, in order to facilitate construction; the specific size and location of these areas has not yet been fully determined; and

WHEREAS, the Federal Highway Administration will be providing funding for this undertaking; and other Federal Agencies, including the U. S. Army Corps of Engineers and the U. S. Coast Guard, will be involved in permitting construction activities; and

WHEREAS, the area of potential effect (APE) for this undertaking, as accurately as it can be determined at the time of the drafting and acceptance of this Programmatic Agreement, is shown on the attached map (see Appendix 1); and

WHEREAS, the proposed new bridge is located within a geographical area of historic and cultural significance to the people of New York State and the people of the State of Vermont; and

WHEREAS, NYSDOT and VTRANS have consulted with the New York State Historic Preservation Office (NY SHPO), the Vermont State Historic Preservation Office (VT SHPO), the Lake Champlain Maritime Museum, the New York State Department of Environmental Conservation (NYSDEC) and the New York State Office of Parks Recreation and Historic Preservation (NYS OPRHP) to solicit information about historic resources in the area around the proposed undertaking; and

WHEREAS, NYSDOT and VTRANS have referenced National Register nomination records and National Historic Landmark records, kept online and in paper format, to identify historic resources in the area around the proposed undertaking, and within the APE; and

WHEREAS, the known resources of historic and cultural significance in the area include:  The Adirondack Forest Preserve, a National Historic Landmark (NHL) in New York, significant in the history of conservation of American natural resources, as the first state forest preserve in the nation.  Fort Crown Point, a National Historic Landmark in New York that includes the Fort at Crown Point, Fort St. Frederic, the Light Infantry, Grenadier, and Gage's Redoubts as contributing features. Fort Crown Point and its related military structures are significant in the history of English exploration and settlement of North America, mid 1700s; according to the National Register nomination this property is a "superior example of 18th century military engineering."  Fort St. Frederic, a National Historic Landmark in New York. The site is historically significant in the area of French exploration and settlement of North America, early 1700s. The fort ruins have been designated as an individual NHL and were later included in the boundary of the Fort Crown Point NHL as a contributing feature.

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 The Champlain Memorial Lighthouse in New York, a property eligible for listing in the National Register of Historic Places; significant in the history of transportation on Lake Champlain and significant for the architectural style, commemorative value and high artistic significance. It is located within the boundary of the Fort Crown Point NHL (non-contributing to the NHL).  The Crown Point Steamboat Pier, a property eligible for listing in the National Register of Historic Places; significant in the history of transportation on Lake Champlain. It is located within the boundary of the Fort Crown Point NHL (non- contributing to the NHL).  The Champlain Bridge Toll Keeper's House, the Historic Area Visitor Center (built ca. 1929) and listed to the National Register of Historic Places as a contributing feature along with the now demolished Lake Champlain Bridge. It is located within the boundary of the Fort Crown Point NHL (non-contributing to the NHL).  A 19th century Lime Kiln has been determined eligible for inclusion in the National Register of Historic Places in the area of engineering. It is located within the boundary of the Fort Crown Point NHL (non-contributing to the NHL).  the Chimney Point State Historic Site in Vermont, which includes the Chimney Point Tavern, a property listed in the National Register of Historic Places, is significant in the military, maritime, transportation, and architectural history of development of the state of Vermont. The site, listed in the National Register of Historic Places, includes the c.1785 Chimney Point Tavern in which the museum is located, the education building, a barn, privy and grounds and historic docks. The buildings are architecturally significant. The site is of archeological and historic significance for its Native American history, starting 7,500 years ago, and was the site of a British and Dutch military outpost in 1690, a French fort in 1731, French settlement on a military frontier from the 1740s until 1759, English and American settlement, American, British, and German occupation during the American Revolution, and early American settlement. The site contains recorded and as yet undiscovered archaeological sites from these various time periods. These sites have extraordinary integrity.  The Watson House located to the north of the bridge approach on the Vermont side is an architecturally significant, Italianate style residence that is eligible for the National Register of Historic Places; and

WHEREAS, NYSDEC has care, custody and control of the land adjacent to the New York landing of the Lake Champlain Bridge on the Crown Point Reservation, which includes the Crown Point State Historic Site and the Crown Point Public Campground; and

WHEREAS, the Crown Point State Historic Site is operated by NYS OPRHP; and

WHEREAS, the Vermont Agency of Commerce and Community Development, Division for Historic Preservation owns and has care, custody and control of the land adjacent to the Vermont landing of the Lake Champlain Bridge on the Chimney Point State Historic Site; and

WHEREAS, NYSDOT commissioned a cultural resource study to investigate potential for archaeological sites on the New York side, in the area southwest of the bridge in the Crown

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Point Public Campground for a temporary ferry facility; one site was found which was avoided, and which falls outside of the APE; and

WHEREAS, VTRANS commissioned a limited cultural resource study to investigate potential for archaeological sites on the Vermont side, around the existing bridge abutment and piers; several National Register eligible sites containing intact, pre-contact and historic archaeological deposits were located under and around the bridge to the south or lakeside of the existing abutment; and

WHEREAS, the area surrounding the bridge in both New York and Vermont also includes a number of National Register eligible archaeological sites both known and yet to be discovered, as well as the historic structures and standing ruins; and

WHEREAS, the Lake Champlain Maritime Museum has previously completed underwater surveys of the bottom of Lake Champlain, and has inventoried locations of underwater archaeological sites; both NYSDOT and VTRANS consulted with the Lake Champlain Maritime Museum regarding potential underwater archaeological sites within the undertaking's APE; no underwater archaeological sites are located within the APE; and

WHEREAS, constructing a replacement bridge on the same location will minimize harm to the National Historic Landmark properties, and other known natural and historic resources in New York and Vermont, by avoiding or minimizing direct impacts; and

WHEREAS, FHWA has notified the Advisory Council on Historic Preservation (ACHP) of the proposed undertaking to restore a permanent lake crossing at this location by building a new replacement bridge to carry traffic between Crown Point, New York and Addison, Vermont; and

WHEREAS, FHWA in coordination with NYSDOT and VTRANS, has identified Section 106 Consulting Parties, as detailed in the attached list (see Appendix 2); and

WHEREAS, FHWA in coordination with NYSDOT and VTRANS, has invited the Consulting Parties to participate in the process to consider effects of a new crossing on contiguous historic properties, in accordance with 36 CFR Part 800;

WHEREAS, FHWA in coordination with NYSDOT and VTRANS, has consulted with the St. Regis Mohawk Tribe and the Stockbridge-Munsee Community Band of Mohican Indians, federally-recognized Native American Tribes with an indicated interest in the project area, in accordance with the requirements of 36 CFR 800 and established procedures for Section 106 tribal consultation for New York and Vermont; and

WHEREAS, outreach to inform the public of the bridge status, results of the engineering analysis, and proposed bridge types for the new bridge structure have been implemented through a public website, newsletter, press releases, meetings with the PAC, and public informational meetings; and

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WHEREAS, NYSDOT and VTRANS developed five feasible design alternatives for the conceptual design and look of the replacement of the Lake Champlain Bridge; a sixth design alternative was developed in response to public and PAC input; and

WHEREAS, NYSDOT and VTRANS met with the PAC, anticipated Consulting Parties, regulatory agencies and the public on December 10 – 12, 2009 to review replacement bridge design concepts and potential measures to commemorate the historic Lake Champlain Bridge; and

WHEREAS, NYSDOT and VTRANS conducted a public survey via NYSDOT’s Web site with the result that a majority of participants favored the sixth design alternative presented, the Modified Network Tied Arch Bridge concept, as a replacement to the previous 1929 Lake Champlain Bridge; and

WHEREAS, the PAC issued a final recommendation for its preferred design concept and agreed with the public survey results in favor of a Modified Network Tied Arch Bridge; and

WHEREAS, NYSDOT on behalf of FHWA and VTRANS, continued to receive input from the public and Consulting Parties regarding the conceptual design alternatives throughout a 30 day review period ending January 11, 2010; and

WHEREAS, FHWA in coordination with NYSDOT and VTRANS, has fully considered and taken into account views of the public and Consulting Parties regarding the bridge design concept, and has also considered overall cost, future maintenance requirements, and constructability issues, as well as a variety of other aesthetic, practical, economic, and engineering considerations, and has selected the Modified Network Tied Arch Bridge design concept to progress to final design and construction; and

WHEREAS, FHWA, in consultation with NYSDOT, VTRANS, NY SHPO, VT SHPO, ACHP, and Consulting Parties, has determined that the design concept itself, the Modified Network Tied Arch Bridge, to be progressed to final design, is a suitable and appropriate complement to the scenic qualities and adjacent cultural resources in New York and Vermont; and

WHEREAS, FHWA, in consultation with NYSDOT, VTRANS, NY SHPO, VT SHPO, ACHP, and Consulting Parties, has determined that no underwater archaeological sites on the lake bottom of Lake Champlain will be affected by this undertaking, as no underwater archaeological sites fall within the APE; and

WHEREAS, the potential effects of construction impacts including, but not limited to, access, staging and vibration, on known and/or as yet unidentified historic and cultural resources cannot be fully determined prior to anticipated approval of the undertaking, and

WHEREAS, based on a comprehensive understanding of the proposed project that was developed taking into account the following:  the results of cultural and archaeological investigations undertaken in the APE in New York and Vermont, and  the input received from cooperating agencies, Consulting Parties, the public, NY SHPO, and VT SHPO, and

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 the application of the Criteria of Adverse Effect (36 CFR 800.5), the parties have concluded that no above-ground historic resources will be adversely affected by construction of the replacement bridge on the New York or Vermont sides, and that the likelihood for potential adverse effects to historic properties resulting from the subject project is related to the potential and yet unknown archaeological properties located under and directly adjacent to the Vermont and New York bridge approaches; and further, the parties agree that the stipulations in this Programmatic Agreement are appropriate and sufficient to mitigate any adverse effects to these resources; and

WHEREAS, cooperating Federal agencies that recognize FHWA as the lead agency for an undertaking (e.g., US Army Corps of Engineers and US Coast Guard) may fulfill their obligations under Section 106 of the NHPA according to 36 CFR 800.2(a)(2), provided that FHWA and NYSDOT follow the requirements of this Programmatic Agreement (PA) and the cooperating Federal agency’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and NYSDOT; and

NOW, THEREFORE, FHWA, the New York State Historic Preservation Officer (NY SHPO), the Vermont State Historic Preservation Officer (VT SHPO), NYSDOT, VTRANS, NYSDEC and ACHP agree that this undertaking shall be administered in accordance with the terms of this Programmatic Agreement to satisfy FHWA’s Section 106 responsibilities.

STIPULATIONS

FHWA, in coordination with NYSDOT and VTRANS, will ensure that the following stipulations are met:

I. ONGOING BRIDGE DESIGN CONSULTATION

A. The preliminary design concept, the Modified Network Tied Arch Bridge, has been selected as a result of consultation among the FHWA, NYSDOT, VTRANS, NY SHPO, VT SHPO, Consulting Parties, and the Public. FHWA, NYSDOT and VTRANS are committed to continuing consultation, and will consider comments, that will inform the final bridge design.

B. FHWA, in consultation with NYSDOT and VTRANS, shall invite the identified Consulting Parties to comment on proposed bridge design details including, but not limited to, the following:

1. Arch and supporting girders 2. Piers and abutments 3. Bridge typical section 4. Railing, approach railing, and transition design 5. Approach roadway typical section and alignments 6. Colors of bridge elements 7. Lighting 8. Wing wall design and placement 9. Sidewalk locations

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10. New paths and/or restored connections to the historic sites 11. Associated landscaping

C. NYSDOT and VTRANS will consider the comments of the Consulting Parties regarding the bridge design details listed in I. B. 1.-11. above.

II. HISTORIC PROPERTIES AT CROWN POINT (NEW YORK )

A. FHWA, NYSDOT, and VTRANS will make every effort to ensure protection of the National Historic Landmarks and the National Register listed and eligible properties in proximity to the location of the replacement bridge. Construction of the new bridge will be designed and carried out in a manner that protects nearby historic buildings, structures, and archaeological sites at the Crown Point State Historic Site and the Crown Point Public Campground, New York, including:

1. Adirondack Forest Preserve, a National Historic Landmark 2. Fort Crown Point, a National Historic Landmark includes the Fort at Crown Point, Fort St. Frederic, the Light Infantry, Grenadier, and Gage's Redoubts as contributing features 3. Fort St. Frederic, a National Historic Landmark 4. The Champlain Memorial Lighthouse, a property eligible for listing in the National Register of Historic Places 5. The Crown Point Steamboat Pier, a property eligible for listing in the National Register of Historic Places 6. The Champlain Bridge Toll Keeper's House, listed to the National Register of Historic Places as a contributing feature to the now- demolished 1929 Lake Champlain Bridge 7. 19th century Lime Kiln, eligible for inclusion in the National Register of Historic Places

B. To minimize the potential for inadvertent impacts associated with vibration, NYSDOT will prepare a pre-construction protection plan based on the results of a structural assessment of the visible ruins of Fort St. Frederic and Fort Crown Point. The structural assessment of the Forts was performed by a qualified engineer experienced in dealing with stone construction during the preparations for the demolition and removal of the 1929 Lake Champlain Bridge. The pre- construction protection plan may include:

1. Temporary stabilization, support or other temporary protection measures will be developed and implemented as needed, in consultation with the NYSHPO, NYS OPRHP and NYSDEC to ensure any potentially unstable portions of the ruins are appropriately supported during the work. 2. Appropriate fencing will be placed around Fort St. Frederic in consultation with NYS OPRHP. 3. Vibration monitoring as needed will be conducted during construction of the new replacement bridge.

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4. Any damage caused by or related to the Contractor’s operations will be repaired by the Contractor in accordance with the Secretary of the Interior’s Standards for Restoration in consultation with the NY SHPO and NYS OPRHP.

C. To address the potential archaeological sensitivity around Fort St. Frederic, NYSDOT will:

1. Arrange for the preparation of a written Archaeological Monitoring Plan to address monitoring of any construction work conducted within 60' (sixty feet) of the visible wall ruins of Fort St. Frederic. The Archaeological Monitoring Plan will be provided to NY SHPO for their review and approval, prior to construction work commencing in the vicinity of Fort St. Frederic. 2. Arrange for an archaeological monitor to be present on-site at the time of any and all work conducted within 60' (sixty feet) of the visible wall ruins of Fort St. Frederic. This monitor will have the ability to stop work if the contractor's actions have the potential to impact the ruins of Fort St. Frederic.

D. NYSDOT will direct the Contractor to ensure there are no impediments to public access to the Crown Point State Historic Site and the Crown Point Public Campground in New York throughout the duration of the project.

E. NYSDOT will consult with NYS OPRHP and NYSDEC regarding locations for equipment storage, materials, and staging on land owned and/or managed by NYS OPRHP and NYSDEC. Only areas mutually agreed upon between NYSDOT, NYS OPRHP, and NYSDEC as appropriate for these uses may be used by the Contractor. All NYS OPRHP and/or NYSDEC lands used for equipment storage, materials, and/or staging will be fully restored to pre- construction conditions at the completion of bridge construction.

F. NYSDOT will direct the Contractor to ensure there are no land or lake impediments to access to the Crown Point Steamboat Pier. The NYS Environmental Conservation Police moor a boat at the Crown Point Steamboat Pier. The Crown Point Steamboat Pier is also used by the NYS Forest Rangers for search and rescue or other emergency response purposes.

G. After the bridge construction is complete, NYSDOT will develop a Site Restoration Plan for the Crown Point State Historic Site and the Crown Point Public Campground that will list any damage caused by construction activities, site access, equipment storage, materials storage, and/or staging, and will outline strategies and commitments to fully restore the areas to pre-construction conditions. NYSDEC, NYSOPRHP, and NY SHPO will have an opportunity to review and approve the Site Restoration Plan prior to its implementation.

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III. CHIMNEY POINT STATE HISTORIC SITE (VERMONT)

A. FHWA, NYSDOT, and VTRANS will make every effort to ensure protection of the National Register listed and eligible properties in proximity to the location of the replacement bridge. Construction of the new bridge will be designed and carried out in a manner that protects nearby historic buildings, structures, and archaeological sites at the Chimney Point State Historic Site, including:

1. The Chimney Point Tavern, a property listed in the National Register of Historic Places. 2. The education building, a barn, privy and grounds and historic docks, contributing historic resources.

B. VTRANS / VT SHPO CONSULTATION AND REPORTING

1. The VTRANS Historic Preservation Officer (VTRANS HPO) and VTRANS Archaeology Officer (VTRANS AO) will consult and collaborate with VT SHPO as owners of the Chimney Point State Historic Site which is owned by the Vermont Division for Historic Preservation on all plans, measures and actions that may affect the site. 2. The VTRANS HPO and VTRANS AO shall generate a brief report for the VT SHPO by the end of each month during construction summarizing actions taken, problems encountered, or any other relevant issues related to implementation of the Programmatic Agreement.

C. VIBRATION MONITORING PLAN shall be developed for the construction of the new replacement bridge and include:

1. A written plan developed and implemented in consultation with and approved by VTRANS Historic Preservation Officer (VTRANS HPO) before construction begins. 2. Installation of vibration sensors appropriately located in the Tavern, associated buildings and foundation sites as approved by VTRANS HPO. 3. Continuous monitoring of sensors during construction operations and inspections of the museum buildings as required to assess impacts. 4. A requirement that damage to any Chimney Point buildings caused by construction vibration shall be repaired in a timely manner appropriate to structural needs and life safety issues at the contractor’s expense in accordance with the Secretary of the Interiors Standards for Restoration.

D. SITE PROTECTION

1. The Chimney Point State Historic Site will be fenced off from construction activities throughout the construction project. Locations of fence to be

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determined in consultation with and approved by VTRANS HPO and VTRANS AO. The VTRANS HPO will consult with the VT SHPO through the Regional Historic Site Administrator regarding fencing. 2. Underground utilities shall be protected and maintained in operation for the residence and museum offices. VTRANS shall, in coordination with the Vermont Department of Buildings and General Services, provide the existing plan for water and utility lines beside and underneath the driveway to the NYSDOT Design Project Manager during bridge design. VTRANS shall also provide the plan for water and utility lines beside and underneath the driveway to the NYSDOT Engineer in Charge and to the Contractor at commencement of bridge construction. 3. A post construction damage assessment survey will be conducted by a qualified expert in conjunction with the VT SHPO, VTRANS HPO, and VTRANS AO to assess any damage to the Chimney Point site and identify appropriate remedies. 4. Damage to the Chimney Point site of any kind caused by the construction project shall be repaired in a timely manner appropriate to structural needs and life safety issues at the contractor’s expense in accordance with the Secretary of the Interiors Standards for Restoration. 5. The cottonwood trees are an important part of the historic setting and shall be protected from damage unless otherwise deemed necessary and approved by the VTRANS HPO.

E. CHIMNEY POINT BUILDINGS ACCESS AND USE

1. NYSDOT and VTRANS will direct the Contractor to ensure there are no impediments to public access to and operational requirements of the Chimney Point State Historic Site throughout the duration of the project. 2. The Chimney Point State Historic Site, its buildings and exhibits will remain open during construction for museum staff, tenants, and visitors throughout the construction period. 3. VTRANS will ensure that the driveway and parking areas for the Chimney Point State Historic Site will remain clear and open during all times of the year including plowing during the winter season, as possible. 4. At a minimum, a 5-foot wide pedestrian path for the museum staff and tenants and visitors will be maintained and protected throughout construction to ensure access to the museum and residential property. 5. Parking spaces will be maintained and marked for the museum staff and tenants and visitors at a reasonable distance from the buildings. 6. The Chimney Point tenant is a State Law Enforcement Officer who must have access to his cruiser and ability to exit the premises 24/7 to respond to emergencies.

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7. Signage shall be erected and maintained at the project site subject to approval from the VTRANS HPO in consultation with the Regional Historic Site Administrator indicating when the Chimney Point State Historic Site is open and directing traffic to the parking area. 8. VTRANS will ensure that crane and other equipment placement within the site’s driveway is scheduled with the Regional Historic Site Administrator.

F. GROUND DISTURBANCE

1. The VTRANS AO shall develop an Archaeological Protection Plan for the Vermont approach including the Chimney Point State Historic Site. Refer to Section IV B for details and stipulations.

G. ON SITE CONSTRUCTION STAGING AND STORAGE

1. The VTRANS Resident Engineer will consult with VTRANS HPO and/or AO regarding locations for equipment and materials storage and staging on the Chimney Point site. The VTRANS HPO shall consult with the VT SHPO through the Regional Historic Site Administrator regarding on-site storage and staging. 2. Only areas mutually agreed upon between VTRANS and VT SHPO as appropriate for these uses may be used by the Contractor. 3. A post-construction damage assessment survey of the any areas used for equipment and materials storage and staging will be conducted by VT SHPO in conjunction with VTRANS HPO and AO to assess any damage to the Chimney Point site and identify appropriate remedies. 4. The Chimney Point site areas used for equipment and materials storage and/or staging will be fully restored to pre-construction conditions at the completion of bridge construction. H. CHANGES TO CHIMNEY POINT CONDITIONS

1. Changes to the Section III (Chimney Point) Programmatic Agreement Conditions that are reasonably required to carry out the construction of the new replacement bridge may be made, however they must be reviewed and approved in writing by the VTRANS HPO in consultation with the VT SHPO in advance of implementing any changes.

IV. ARCHAEOLOGICAL RESOURCES

A. Archaeological Resources In New York:

1. NYSDOT and FHWA, in consultation with the NY SHPO, will take the following actions to address archaeological resources:

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(a) refine the Area of Potential Effects (APE) for potential impacts associated with construction activities in New York; (b) conduct a cultural resource survey as needed in archaeologically sensitive areas to identify resources; (c) develop measures to avoid, minimize, or mitigate (including but not limited to research and curation) potential impacts associated with construction, access, staging and waste areas for construction of the new replacement bridge. 2. In the event that effects to archaeological resources cannot be avoided, NYSDOT will ensure the recovery of significant data, appropriate analysis, report preparation and curation of artifacts. 3. Any artifacts recovered from the New York side shall ultimately be curated at the NYS OPRHP facility at the Peebles Island Resource Center.

B. Archaeological Resources in Vermont:

1. An Archaeological Resource Protection Plan will be developed by the VTRANS Archaeology Officer (AO) in consultation with the VT SHPO. A detailed construction scope of work will be made available to the VTRANS AO to enable development of the resource protection plan. The plan will lay out procedures, processes, schedules and responsibilities for the following measures to be undertaken by VTRANS, including but not limited to: (a) Refining the Area of Potential Effects (APE) for potential impacts associated with construction activities in Vermont; (b) Identifying and mapping known resources and sensitive areas; (c) Conducting a cultural resource survey as needed in archaeologically sensitive areas in Vermont to identify resources; (d) Determining measures to avoid, minimize, or mitigate (including but not limited to research and curation) potential impacts associated with access, staging, waste and borrow areas for construction of the new replacement bridge; (e) Monitoring ground disturbance during all construction excavation activities; (f) Pre-construction meeting(s); (g) Providing specifications for construction documents; (h) Preparing Vermont archaeology-related education and outreach activities and products. 2. In the event that effects to archaeological resources cannot be avoided, VTRANS will ensure the recovery of significant data, appropriate analysis, report preparation and curation of artifacts.

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3. All Vermont-located waste, borrow and staging areas for materials and equipment associated with construction of the new replacement bridge will need to be reviewed and cleared by the VTRANS AO prior to use. 4. All archaeological work will conform to the Secretary of the Interior’s Standards and the State Historic Preservation Office’s Guidelines for Conducting Archaeology in Vermont.

V. HISTORIC PRESERVATION MONITOR

A. In consultation with FHWA, VTRANS, NY SHPO, VT SHPO, and the other Consulting Parties, NYSDOT shall develop qualifying criteria for the project’s Historic Preservation Monitor. Any Consulting Party may submit the names of persons who they believe would be appropriate to serve as a Historic Preservation Monitor. NYSDOT will make the final selection of an individual to fill the position of Historic Preservation Monitor.

1. This individual will have knowledge or awareness of the cultural and historic background and significance of both the New York and Vermont historic properties within and near the project's Area of Potential Effect. 2. This individual will have knowledge and understanding of Section 106 of the National Historic Preservation Act, Section 14.09 of the New York State Historic Preservation Act, and Vermont Statutes, Title 22, Chapter 14 Historic Preservation. 3. This individual will monitor construction activities in both New York and Vermont. B. Historic Preservation Monitor Responsibilities

1. The primary responsibility of the Historic Preservation Monitor is to ensure that the stipulations of this Programmatic Agreement regarding the monitoring and protection of historic properties are carried out during the construction period. 2. The Historic Preservation Monitor will become aware of the general scope and requirements of the on-site construction Lake Champlain Bridge including, but not limited to, becoming familiar with: project boundaries, identified areas of historic/cultural sensitivity, the “Construction Best Management Practices Plan” (BMP), the construction worker responsibilities, responsibilities of any archaeological monitors, and the sequence of operations to ensure that protective actions are implemented. 3. The general site plans, excavation, grading, erosion and sediment control, drainage, and landscaping drawings for the NY and VT bridge abutments and approaches, and for the staging areas, will be provided to the Historic Preservation Monitor.

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4. The Historic Preservation Monitor will provide, as he/she deems necessary, historic preservation orientation to individuals who are associated with the on-site construction. For safety purposes, all communication for the purpose of cultural orientation between project personnel and the Historic Preservation Monitor will be scheduled and overseen by the NYSDOT Engineer In Charge. 5. The NYSDOT Engineer In Charge and/or the VTRANS Resident Engineer will provide to the Historic Preservation Monitor a weekly schedule of all construction activities planned for the following week. Based on that schedule, the Historic Preservation Monitor will determine his/her need to visit the site during construction as deemed necessary by him/her. For safety purposes, prior to entering the site, the Historic Preservation Monitor will meet and confer with the NYSDOT Engineer In Charge and/or the VTRANS Resident Engineer. 6. The Historic Preservation Monitor shall keep a log and map notes of every visit — noting date of visit; identifying work locations; noting findings date; and reporting on correct practices employed and/or potential problems, if any. All findings identified and deemed to be significant by the Historic Preservation Monitor shall be reported to the following persons, based on the location of the findings: (a) If the finding is in New York, the Historic Preservation Monitor shall report the finding to the NYSDOT Engineer In Charge and the NYSDOT Regional Cultural Resources Coordinator. In turn, the NYSDOT Regional Cultural Resources Coordinator shall notify the NY SHPO. (b) If the finding is in Vermont, the Historic Preservation Monitor shall report the finding to VTRANS Resident Engineer, the VTRANS Historic Preservation Officer, and the NYSDOT Engineer in Charge. In turn, the VTRANS Historic Preservation Officer shall notify the VT SHPO. (c) If the finding is significant to the point where the Historic Preservation Monitor believes that work must stop, the Historic Preservation Monitor shall communicate this immediately to the NYSDOT Engineer In Charge, and then follow state-specific reporting protocol above. 7. The Historic Preservation Monitor will submit monthly reports summarizing the project's progress and the implementation of the stipulations of this Programmatic Agreement to the NYSDOT Engineer In Charge, the NYSDOT Regional Cultural Resources Coordinator, and the VTRANS Historic Preservation Officer. (a) In turn, the NYSDOT Regional Cultural Resources Coordinator shall forward the monthly report to the NY SHPO, the NYS OPRHP Regional Site Manager, and the NYSDEC Agency Historic Preservation Officer.

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(b) In turn, the VTRANS Historic Preservation Officer shall forward the monthly report to VT SHPO and the Regional Historic Site Manager. (c) Copies of the monthly summary reports shall also be posted to the project website for review by interested Consulting Parties. 8. The Historic Preservation Monitor shall consult with the NYSDOT Engineer In Charge to determine under what circumstances the Historic Preservation Monitor should have direct authority to halt construction activities in a given area. 9. Additional duties of the Historic Preservation Monitor may be established by NYSDOT and VTRANS together, in consultation with NY SHPO, VT SHPO, and other Consulting Parties as appropriate.

VI. ARCHAEOLOGICAL DISCOVERIES DURING CONSTRUCTION

A. If FHWA, NYSDOT, or VTRANS determines that the undertaking will affect a previously unidentified property that may be eligible for the National Register, or will affect a known historic property in an unanticipated manner, the agency official shall make reasonable efforts to avoid, minimize or mitigate adverse effects to such properties and determine actions that it can take to resolve adverse effects following the procedures in 36 CFR 800.13(b). In the event that a post-review discovery involves a property or properties that may have traditional cultural and religious significance to federally-recognized Indian tribes, FHWA, in coordination with NYSDOT and/or VTRANS, shall consult with Indian tribes in accordance with the requirements of 36 CFR 800.13(b) and established procedures for Section 106 tribal consultation for New York and Vermont. If pre- Contact cultural resources are discovered or unanticipated effects on pre-Contact period resources are found, FHWA in coordination with NYSDOT and/or VTRANS will consult with federally-recognized tribal nations in accordance with established procedures for Section 106 tribal consultation for New York and Vermont.

VII. TREATMENT OF HUMAN REMAINS

A. If a burial site, human remains, or bones thought to be human remains, are encountered during construction, the work will be stopped immediately and rescheduled to avoid disturbing the area. The remains will be left in place and protected from further damage. All appropriate and applicable federal and state laws will be followed. B. In accordance with NYSDOT Standard Specifications 203-3.02 (2006), the NYSDOT Engineer In Charge (EIC) will, through proper channels, notify the following persons, depending on the location of the finding: 1. If the finding is in New York, the following persons shall be notified:

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(a) the NYSDOT Director of the Construction Division, who will in turn notify the NYSDOT Landscape Architecture Bureau and the NYSDOT Regional Cultural Resources Coordinator, and (b) the project's Historic Preservation Monitor. 2. If the finding is in Vermont, the following persons shall be notified: (a) the VTRANS Resident Engineer, and (b) the VTRANS Historic Preservation Officer, and (c) the project's Historic Preservation Monitor, and (d) the NYSDOT Director of the Construction Division, who will in turn notify the NYSDOT Landscape Architecture Bureau and the NYSDOT Regional Cultural Resources Coordinator. C. The NYSDOT Engineer In Charge will report the discovery of human remains to the local police, and the country coroner having jurisdiction, or to the medical examiner, and will arrange immediate inspection of the site. D. If the site is determined to be part of a criminal investigation, the police will notify the NYSDOT Engineer in Charge when work in the area may resume. E. If determined that the remains are not a police issue, the following actions will be taken: 1. If the finding is in New York, the NYSDOT Regional Cultural Resource Coordinator will notify FHWA, NY SHPO, the NYS OPRHP Regional Site Manager, and the NYSDEC Agency Historic Preservation Officer, appropriate Native American contacts, and archaeologists, and arrange site visits accordingly. Work will be temporarily suspended in the area, and measures will be taken to secure the burial site and protect the remains from disturbance. 2. If the finding is in Vermont, the VTRANS Historic Preservation Officer shall notify the VTRANS Archaeology Officer, VT SHPO, the Regional Historic Site Manager, appropriate Native American contacts, and archaeologists, and arrange site visits accordingly. Work will be temporarily suspended in the area, and measures will be taken to secure the burial site and protect the remains from disturbance. F. NYSDOT or VTRANS, as appropriate based on the location of the finding, will arrange for professional skeletal analysis to identify the remains. G. NYSDOT or VTRANS, as appropriate based on the location of the finding, will invite designated Native American representative(s) to participate in the consultation process. Representatives will be determined on the basis of established contacts and identified areas of interest for tribal nations. H. NYSDOT or VTRANS, in consultation with NY SHPO or VT SHPO, as appropriate based on the location of the finding, will arrange for an archaeologist to establish horizontal and vertical extent of the burial(s) and assess measures for avoiding the human remains if possible.

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I. Any new location or alignment developed to avoid the burial(s) will be subject to archaeological investigation, to be arranged by NYSDOT or VTRANS, as appropriate based on the location of the finding. Results will be provided to the NY SHPO or VT SHPO, Native Americans, and other Consulting Parties for comment before the project proceeds in this area. J. If the alignment is unchanged, NYSDOT and/or VTRANS will develop a plan in coordination with FHWA, NY SHPO or VT SHPO, Native Americans, and Consulting Parties to preserve the site and protect the burial(s) before the project proceeds in this area. K. If removal and reburial of the remains is necessary, it will be undertaken in a manner agreed to by all involved parties. Temporary disposition of the remains until reburial will be determined by NYSDOT or VTRANS, as appropriate based on the location of the finding, in consultation with Native Americans, NY SHPO or VT SHPO, and consulting parties.

VIII. MONITORING AND REPORTING

A. Prior to commencing construction of the new replacement bridge, NYSDOT, in coordination with VTRANS, will report to other signatories to provide a summary report on the construction management plan, including schedule, staging, access, and waste or spoil areas; and on work carried out pursuant to the terms of this agreement. FHWA, in coordination with NYSDOT and VTRANS, will report any proposed scheduling changes, any problems encountered, and any disputes in its efforts to carry out the terms of this Programmatic Agreement.

IX. PROMOTING AND ENCOURAGING HERITAGE TOURISM OPPORTUNITIES

A. As previously stipulated in II. D. and III. E. 1. of this Programmatic Agreement, NYSDOT and VTRANS will direct the Contractor to ensure there are no impediments to public access to the Crown Point State Historic Site, the Crown Point Public Campground, and the Chimney Point State Historic Site throughout the duration of the project.

B. Signage shall be erected and maintained at the New York project site subject to approval from the Site Manager of the Crown Point State Historic Site and the Campground Manager of the Crown Point Public Campground indicating that the Historic Site and Campground are open, and directing traffic to the entrances and parking areas.

C. Signage shall be erected and maintained at the Vermont project site as stipulated in III. E. 7. of this Programmatic Agreement.

D. NYSDOT shall convene a meeting before March 31, 2010 with FHWA, NYDOT, VTRANS, NYS OPHRP, NYSDEC, and Vermont Division for Historic Preservation to discuss additional actionable measures to promote and

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encourage heritage tourism opportunities at the Crown Point State Historic Site, the Crown Point Public Campground, and the Chimney Point State Historic Site during the construction of the new Lake Champlain Bridge.

E. NYSDOT shall convene a meeting in early August 2010 to assess the effects of the construction project on visitation to the above sites and address what actions, if any, should be taken to ensure the continued viability of the sites.

F. Additional meetings and discussions to resolve issues that arise will be convened as necessary throughout the duration of the construction process.

X. COMMEMORATION OF THE 1929 LAKE CHAMPLAIN BRIDGE

A. As detailed in the "Programmatic Agreement Regarding Implementation of the Lake Champlain Bridge Removal, Nov. 25, 2009," fully executed on Nov. 30, 2009, in Stipulations I. A., I. B., and V. B., mitigation for the adverse effect caused by the loss of the National Register Listed 1929 Lake Champlain Bridge will be carried out. Mitigation actions may include, but are not limited to, any of the following: lectures or presentations open to the public, presentations to local schools, posting information on the project's website, publications, exhibits, displays, on-site interpretative material, on-line exhibits, signs or kiosks, interpretive panels on the new bridge describing adjacent historic properties, video history or documentary, or other materials. The appropriate strategy and specific products to mitigate the loss, and also to commemorate the engineering, aesthetic, and social importance, of the 1929 Lake Champlain Bridge will be decided on through further consultation among FHWA, NYSDOT, VTRANS, NY SHPO, VT SHPO, NYSDEC NYS OPRHP, the Public Advisory Committee (PAC), Native American tribes and communities, and other Consulting Parties.

B. NYSDOT shall convene one or more meetings before March 31, 2010 with the above parties to engage in collaborative discussion to decide which of these products will be implemented.

C. NYSDOT shall ensure that commemorative measures selected as per Stipulation X. B. above will be implemented and completed by the opening day of the new bridge, or as soon thereafter as feasible.

XI. CONSULTATION AND PUBLIC OUTREACH

A. NYSDOT and VTRANS will carry out all of the stipulations outlined above in consultation with the NY SHPO and Vermont SHPO.

B. NYSDOT and VTRANS, in consultation with FHWA, NY SHPO, and Vermont SHPO, will coordinate outreach efforts to notify the public of the project’s effect

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under Section 106 resulting from the construction of the new replacement bridge. If any historic properties are adversely affected, NYSDOT and VTRANS, in consultation with FHWA, NY SHPO, and Vermont SHPO, will coordinate outreach efforts to notify the public of the adverse effect and any mitigation efforts agreed upon. Public notification and dissemination of information may occur in the form of updates to the project's public website, press releases, publications, public informational meetings, meetings with the Lake Champlain Bridge Public Advisory Committee, or other formats and materials.

C. Consultation in accordance with 36 CFR Part 800 will continue until all obligations are met, and will include sharing information concerning the project’s status, cultural resource survey reports, and documentation for assessment of effects. Identified consulting parties will be provided 30 days to review and comment on any information shared concerning the project’s status, cultural resource survey reports, and documentation for assessment of effects.

XII. IMPLEMENTATION OF TERMS

A. If Programmatic Agreement stipulations are not carried out within three (3) years from the date of its execution, FHWA will consult with the other signatories to reconsider the terms of the PA and amend it in accordance with Stipulation XIII below. FHWA shall notify the signatories as to the course of action it will pursue.

XIII. DISPUTE RESOLUTION

A. Should any signatory to this Programmatic Agreement object at any time to any actions proposed or the manner in which the terms of this Programmatic Agreement are implemented, FHWA shall consult with such party to resolve the objection.

B. If FHWA determines that such objection cannot be resolved, FHWA will: 1. Forward all documentation relevant to the dispute, including the FHWA’s proposed resolution, to the ACHP. The ACHP shall provide FHWA with its advice on the resolution of the objection within seven (7) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, FHWA shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide them with a copy of this written response. FHWA will then proceed according to its final decision.

2. If the ACHP does not provide its advice regarding the dispute within the seven (7) day time period, FHWA may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, FHWA shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring

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parties to the Programmatic Agreement, and provide them and the ACHP with a copy of such written response.

C. FHWA's responsibility to carry out all other actions subject to the terms of this Programmatic Agreement that are not the subject of the dispute remain unchanged.

XIV. AMENDMENTS

A. This Programmatic Agreement may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP.

XV. TERMINATION

A. If any signatory to this Programmatic Agreement determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation XIII above. If within seven (7) days (or another time period agreed to by all signatories) an amendment cannot be reached, any signatory may terminate the Programmatic Agreement upon written notification to the other signatories.

B. Once the Programmatic Agreement is terminated, and prior to work continuing on the undertaking, FHWA must either (a) execute a replacement Programmatic Agreement pursuant to 36 CFR § 800.6, or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. FHWA shall notify the signatories as to the course of action it will pursue.

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LIMITATIONS FOR CONTRACTOR

Access within the project limits shall be in accordance with the Section 106 Programmatic Agreement (see Programmatic Agreement Special Note). The Contractor is further alerted to the following limitations on access within the project limits.

1. Causeways

The Contractor is alerted to the fact that there are two causeways that will be left in place from the demolition contract which the Contractor may utilize. The causeways are located just south of the bridge alignment: one off the New York shoreline and one off the Vermont shoreline. The causeways will be made available to the Contractor in their as-built condition. The causeway design plans are available to the Contractor as supplemental information. The Contractor shall submit calculations made by a Professional Engineer verifying the capacity of the causeway for the Contractor’s intended use before using the causeways.

2. Ferry Access Structures

The Contractor cannot use the ferry access structures (docks) without prior written approval from NYSDOT and/or VTrans.

3. Access Roads

The Contractor shall be advised that vehicular access to all residential and commercial driveways within the project limits must be maintained at all times during the contract. The Contractor shall coordinate driveway access during the contract with the individual property owners and the Engineer. The Contractor shall obtain the Engineer’s approval for any driveway access limitations or any other temporary deviations from the existing/proposed driveway configurations.

a. Vermont

The Contractor shall maintain clear access to the Cottonwood on Lake Champlain LLC property, the Chimney Point State Historic Site Museum of Native American and French Heritage and the entrance to the temporary ferry.

b. New York

The Contractor shall maintain clear access to the entrance to the NYSDEC Crown Point Public Campground, Day Use Area at the Crown Point Visitor’s Center and the entrance to the temporary ferry.

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CHANGES UNDERTAKEN BY THE CONTRACTOR

Changes to the scope, methods or materials of the approved project as presented to the Contractor may result in the need for additional or modified permits from the various regulatory agencies. The Engineer, in consultation with the NYSDOT Construction Environmental Contact and /or NYSDOT Landscape Architecture / Environmental Services Manager, will make the determination whether proposed changes warrant further coordination with the permitting agencies or may require additional permits. The Contractor shall be responsible to obtain any additional permit(s) required for his activities which extend beyond the scope of the work shown in the contract documents.

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STAGING AREAS

The roadway approach footprints within the highway right-of-way from Sta. 98+00 to Sta. 105+00 in New York and Sta. 127+00 to Sta. 132+00 in Vermont may be used by the Contractor as staging areas. However, the Contractor shall not obstruct driveways or access to any adjacent properties and shall not trespass beyond the ROW limit.

The Contractors attention is drawn to the fact that due to the significant and sensitive environmental, cultural, and historic nature of the area surrounding the project location, permits for other staging areas may be required from multiple Federal, New York State, or Vermont State Agencies. It is the Contractor’s responsibility to identify and obtain all necessary permits for the use of all staging areas. The contractor shall not occupy any staging area site without all final permits in-hand.

All costs associated with obtaining, permitting, preparing, using, and restoring staging areas are the responsibility of the Contractor and shall be included in the price bid for Mobilization, Item 699.040001.

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CULTURAL RESOURCES AND ARCHEOLOGY

The Contractor’s attention is directed to the fact that a large portion of the proposed project is within historically and archaeologically significant areas in both New York and Vermont. The project as designed may impact cultural and archaeological resources due to construction operations and foundation installation work at the New York and Vermont abutments, approaches and at Pier 7. A Programmatic Agreement (included in this Proposal) has been developed for this project which provides for consideration of Cultural and Archaeological Resources within the project area and requires the development of a Scope of Work to address these resources.

To this end, the New York State Department of Transportation (NYSDOT) will prepare a Pre- Construction Protection Plan and an Archaeological Monitoring Plan, while the Vermont Agency of Transportation (VTrans) will prepare an Archaeological Resource Protection Plan. It will be required that the contractor implemented these plans during the construction of the Contract. The contractor should familiarize him/herself with all aspects of the Section 106 Programmatic Agreement and the project sites’ resources, as they will affect construction operations and access, and bidding of the project. The Programmatic Agreement has been issued as a separate special note titled, “Programmatic Agreement”.

As per the Programmatic Agreement, a Historic Preservation Monitor will be observing and monitoring construction activities to assure that historic resources and access to sites are adequately protected, and all provisions of the Programmatic Agreement are carefully carried out. Additionally, as specified in the Programmatic Agreement and the Archaeological Plans, an On-Site Archaeologist will be present to perform archaeological monitoring during excavation, soil coring, land-based pile or micropile placement, and any other earth-disturbing construction activities. The Historic Preservation Monitor and On-Site Archaeologist shall be allowed full work access and shall be furnished with necessary information, equipment and assistance by the Contractor to identify and recover significant archaeological data. The Historic Preservation Monitor and archaeologist will be required to wear appropriate personal protective equipment required by the Contractor’s project health and safety plan and Department specifications, including, but not limited to: hard hats, eye protection, hearing protection, appropriate clothing and appropriate footwear.

The Contractor’s attention is directed to the contract documents, where known archaeologically sensitive areas in New York and Vermont are identified. As the boundaries of these sites have not been fully determined, archaeologically sensitive areas may extend into additional areas within the work limits for the Contract. The Contractor is further alerted that an archaeological investigation is currently underway in Vermont in the vicinity of the former bridge and the approach roadway. The approximate limits of this archaeological work extend from Sta. 123+50 to Sta. 133+50 and include the width of the proposed structure, the proposed approach roadway

Page 1 of 2 UNOFFICIAL P.I.N. 1805.81 SPECIAL NOTES earthwork limits and the respective contractor access roads and staging areas. This work is expected to be completed by June 1, 2010. The Contractor is also alerted that an archaeological investigation will occur along the New York approach from Sta. 100+00 to Sta. 106+00, encompassing all earthwork limits, during the Spring of 2010. The Contractor’s operations shall not interfere with the completion of these archaeological investigations. The Contractor shall not commence any excavation work in these areas, or as delineated in the plans, until after this investigation is complete.

The Contract has been designed in such a way as to minimize the impacts to virgin soils (pre 1929) and, therefore, impacts on undiscovered archaeological resources. The Contractor shall take caution not to disturb any virgin soils in operations except as indicated in the Contract Documents or as directed by the Engineer. Micropile installation at the New York and Vermont abutments will displace virgin soils. All soil that is extracted in coring shall be evaluated by the On-Site Archaeologist or Historic Preservation Monitor.

If the Historic Preservation Monitor or archaeologist determines that an archaeological site/feature identified during their monitoring of construction is significant and data recovery is needed, he/she shall notify the appropriate entities, as stated in the Programmatic Agreement. Archaeological recovery shall proceed according to procedures stipulated in the Programmatic Agreement and the Archaeological Monitoring Plan for discoveries in New York and the Archaeological Resource Protection Plan for discoveries in Vermont.

The Historic Preservation Monitor, in coordination with the NYSDOT Engineer in Charge, shall have the ability to stop work in limited circumstances, including but not limited to, imminent threats or inadvertent damage to adjacent historic properties.

The requirements of §203-3.02 Archaeological Salvage shall apply except as modified by this Special Note. The Contractor shall schedule his operations to the greatest extent possible to account for potential archaeological monitoring and data recovery. Construction delays related to these operations should be anticipated by the Contractor in his construction scheduling and will not be subject to Part A. Time Related Disputes as per §105-14 Dispute Resolution and Disputed Work Provisions. The Contractor shall consider these scheduling requirements and include any additional costs in his bid prices for the various items of work of the contract. Any delays to the Contractor due to the discovery of unknown archaeological resources discovered during monitoring may be subject to the Time Related Disputes procedures.

Any extra work including labor and equipment provided by the Contractor to support the Archeological monitoring and data recovery shall be paid for on a Force Account basis as per Section 109-05B of the NYSDOT Standard Specifications.

The On-Site Archeologist will utilize the contractor’s approved CPM schedule to plan for implementation of the Archeological Plans.

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NOISE RESTRICTIONS FOR NIGHTTIME WORK

There are restrictions on night work and noise levels during night time hours that shall apply to the work in this Contract. However, nighttime work may be permitted upon written request of the Contractor to the EIC.

No nighttime work shall be permitted during the Crown Point Campground quiet hours (10:00 P.M. to 7:00 A.M.) while the campground is open that exceeds the specific levels listed below. In 2010, the campground is scheduled to be open from May 21 to September 7; dates have not yet been set for 2011 and future seasons. It shall be the Contractor’s responsibility to verify the schedule and to abide by the noise restrictions of the campground or the limits below, whichever are more restrictive.

Department of Environmental Conservation (DEC) Crown Point Public Campground & Day Use Area 784 Bridge Road Crown Point, NY Campground Office: (518) 597-3603 Regional Office: (518) 891-1309 Regional Office Recreation Department Direct Line: (518) 891-1313

While the town of Addison, VT does not have a noise ordinance, the Chimney Point State Historic Site requests that excessive, unnecessary, or unreasonably loud noises or disturbances that could endanger the repose of residents within the historic site be avoided during the night time hours between 10:00 P.M. and 7:00 A.M.

The maximum permissible sounds levels of any approved nighttime construction operation, as measured from the closest utilized campsite and within the Chimney Point State Historic Site museum, shall be:

 60 dBA for Continuous Sound  80 dBA for Impulsive Sound

As such, if the New York State Department of Transportation deems construction activities undertaken in this Contract violate the provisions set forth in this special note, pursuant to Section 105-1 of the Standard Specifications, the Contractor shall be ordered to immediately stop work on the construction activity producing excessive noise levels or vibrations.

Nighttime Work:

All construction activities proposed and undertaken by the Contractor during the hours of 10:00 P.M. and 7:00 A.M. shall require a written request by the Contractor to the EIC and require the Department’s approval prior to beginning work.

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The written request shall identify and explain the construction activity to be undertaken and identify the noise impact the activity would have on the Crown Point Campground and the residence at the Chimney Point State Historic Site, and identify the reasons the construction activity must be completed between the hours of 10:00 P.M. to 7:00 A.M. The written request shall be made a minimum of fourteen (14) calendar days prior to the proposed start of the construction activity requested.

If the Contractor identifies the requested construction activity may be in violation of the provisions set forth in this special note, the Contractor shall include the following information along with the written request:

1. The plans, specifications, description and any other information pertinent to the source of sound and vibration.

2. The noise abatement and control methods the contractor proposes to use to restrict the emissions of sound and vibration.

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COORDINATION WITH THE UTILITY SCHEDULE

The Contractor must coordinate its schedule of operations with the various utility owners involved with the project in the states of New York and Vermont, and shall verify utility information found in the contract documents. Utility revisions required by the various utility owners in connection with this project are noted below.

National Grid supplies power to the following facilities which are in physical conflict with proposed construction at the following locations:

REF UTILITY COMPANY STATION OFFSET CONFLICT POLE # STENCIL 1 Light Standard 102+37.0 21.5 RT In Proposed Walk 2 Light Standard 102+65.5 20.2 Left In Proposed Walk 3 Electric Pullbox 103+14.7 22.5 RT In Proposed Walk 4 Electric Pullbox 103+19.8 19.8 RT In Proposed Walk 5 Light Standard 103+24.5 20.2 Left In Proposed Walk 6 Light Standard 104+13.0 19.4 RT In Proposed Walk 7* Electric Pullbox 127+15.9 27.0 RT In Fill Slope 8* Light Standard 127+36.7 24.9 RT In Fill Slope 9* Electric Pullbox 127+44.0 27.5 RT In Fill Slope 10* Light Standard 128+78.7 8.8 Left In Roadway 11* Electric Pullbox 128+60.9 8.4 Left In Roadway 12* Light Standard 129+78.7 21.8 RT In Roadway

* Reference pole numbers 7 through 12 are located in the State of Vermont.

The Contractor shall remove and dispose the light standards, pull boxes and electrical vaults as listed above and as shown on the contract plans.

The Contractor shall install three conduits to the power feed meter pole located at station 103+18.8, 30.8 feet right. The contractor shall confirm this location with National Grid prior to installing the new facilities. Three conduits shall be installed by the contractor, as shown in the contract plans, to accommodate separate circuits for pedestrian, navigation and decorative lighting.

National Grid will require two weeks to energize the contractor installed lighting on the new bridge, after receiving written notification that the facilities are inspected and ready to energize from the existing meter location.

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In addition to the above itemized revisions, other revisions may become necessary during the construction stage as the result of more precise location data or other changes that might develop. These revisions are to be performed by the utility owners with coordination by the Contractor.

UTILITY SPECIAL PROVISIONS FOR THE STATE OF VERMONT

Vermont Project No.: Addison – Crown Point, NY BHF 032 – 1(10)

Existing aerial facilities owned by Waitsfield Telecom and Green Mountain Power Corporation will not require adjustment. The Contractor is cautioned to protect these facilities from damage. The Contacts for these facilities are listed at the end of this note.

There will be no extra compensation paid to the Contractor for any inconvenience caused by working around and with the companies.

The Contractor is advised that exploratory excavation to locate existing underground facilities may be necessary to protect these facilities from damage. Where approved by the Engineer, these utilities shall be located and/or exposed by methods such as air/vacuum excavation and/or hand digging to determine their exact location. This exploratory work shall be paid for under Item 206.05.

Employees or agents of the above listed companies are to be allowed free and full access within the project limits with the tools, materials, and equipment necessary to install, operate, maintain, place, replace, relocate, and remove their facilities.

Act No. 86 of 1987 (30 VSA Chapter 86) ("Dig Safe") requires that notice be given prior to making an excavation. It is suggested that the Permit Holder or his/her contractor telephone 1- 888-344-7233 at least 48 hours before, and not more than 30 days before, beginning any exca- vation at any location.

Should the Contractor desire additional adjustments of the utility facilities for his/her convenience, proper arrangements shall be made in conformance with Subsection 105.07 of the Standard Specifications for Construction.

The following is a list of contacts for the utility companies in Vermont and New York State:

Crown Point Telephone Company Mr. Robin Knapp, Vice President Crown Point Telephone Company P.O. Box 275 Crown Point, New York 12928 (518) 597-3300

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Niagara Mohawk, A National Grid Company Mr. Bert Taaffe, Electric Planner National Grid 1125 Broadway Albany, New York 12204-2505 (518) 433-3827 [email protected]

Green Mountain Power Corp Bruce Bushey 1-802-655-8426 Green Mountain Power Corp 163 Acorn Lane Colchester, VT 05446

Waitsfield Telecom David Trombly 1-802-793-2775 Waitsfield Telecom P.O. Box Waitsfield, Vermont 05673

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SUPPLEMENTAL LANDSCAPE DEVELOPMENT SPECIFICATIONS

ITEM 201.06 CLEARING AND GRUBBING (LUMP SUM)

201-1 Description -1.01 General : Station to Station Side Quantity Remarks Contract Limits Lt & Rt Lump Sum Clearing and Grubbing shall be as indicated on the plans, typical sections, details, tables Contract Documents or in consultation with the Regional Landscape Architect

201-3 Construction Details -3.01 Limits of Work Areas: Clearing and Grubbing shall be as indicated in the Standard Specifications and as specified below : Clearing and grubbing shall extend 10 feet to the top of cut or toe of slope unless otherwise indicated in the Contract Documents or in consultation with the Regional Landscape Architect. In those areas which are beyond the actual construction work areas where the Contractor must remove vegetation in order to obtain access to the work area the following shall apply: a. The Contractor shall identify the limits of the area, which shall be approved by the Engineer after having consulted with the Regional Landscape Architect. b. The Contractor shall limit the vegetation removal to the least amount of clearing necessary. c. The Contractor instead of grubbing the vegetation in the area shall cut it approximately 3 inches above the ground unless directed by the Engineer in consultation with the Regional Landscape Architect. -3.02 Clearing and Grubbing The Contractor’s attention is directed to the fact that some trees to be cleared under this item may require topping and piecemeal removal in order to accomplish the work specified. Only the vegetation identified with an orange x and / or orange ribbon shall be removed unless otherwise directed by the Engineer.

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ITEM 209.1901 Furnishing and Placing Erosion Control Materials

-1.01 Location Station to Side Quantity Remarks Station Contract Limits Lt & Rt 2,673 sq. ft. Erosion control material will be placed as shown and/or as noted in the contract documents and as ordered by the Regional Total square feet 2,673 Landscape Architect (RLA) .

-2.01 Materials Approved Erosion Control Materials: Class II Type B -3.02 Furnishing and Placing Erosion Control Materials: -3.02D Care and Repair: As per the Standard Specification, except that mowing will not be required on slopes 1 on 2 or greater.

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ITEM 610.0203 ESTABLISHING TURF

610-1 Description -1.02 Establishing Turf Station to Station Side Quantity Remarks Contract Limits Lt & Rt 20,250 sq. Establishing turf will be as shown on ft. the plans, details, typical sections, tables, Contract Documents and as ordered by the Engineer. (A.O.B.E.). Total square feet 20,250

610-2 Materials

-2.02 Seeding Material Seeds: 713-04 and as indicated in detail specifications table Mulch: 713-19 Straw Mulch Anchorage: 713-12 Mulch Anchorage, Type A

610-3 Construction Details -3.02 A. Rates: Seed See specific seed mix for rate. Mulch: Straw Mulch; 0.5 lbs./sq. ft. Firm seed bed prior to mulch Mulch Anchorage: As per the manufacturer’s recommendation Limestone: 25 lb/ 1000 sq. ft.

-3.02 D. Ground Preparation and Seeding: As per the Standard Specifications. In those areas where topsoil is not specified, the areas to be seeded shall be scarified or tilled to a minimum depth of 2 inches immediately before seeding, unless otherwise directed by the Regional Landscape Architect. The mulch and mulch anchorage which shall be applied separate from the seeds shall be done within twenty-four (24) hours after seeding. Immediately following the mulching operation, limestone shall be spread on top of the mulch.

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>>>DETAIL SPECIFICATIONS FOR SEEDS <<< SEE BELOW

Seed Mix “B” - Roadside Mix A= Weight Pure Live Seed lb./acre Species Variety A Hard Fescue Commercial 71.55lb/acre (Festuca longifolia) Use 4 or more varieties Ladino Clover Commercial 4.83 lb./acre (Trifolium repens) Red Top Commercial 4.83 lb./acre (Agrostis gigantean) Perennial Ryegrass Commercial 48.81 lb./acre (Lolium perenne) Use 4 or more Varieties Annual Ryegrass Commercial 8lb. /acre (Lolium multiflorum) Total grams pure live seed per square foot 138lb/acre

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ITEM 613.02 TOPSOIL TYPE A

-1.00 Area Station to Station Side Item Quantity Remarks Contract Limits Lt & Rt 6,750 cub. ft. Topsoil will be placed as shown on the tables, plans, typical sections and as ordered by the Engineer; (A.O.B.E.) Total cubic feet 6,750

3.01 Preparation of Areas to be The subsoil shall be scarified or tilled to Topsoiled a depth of 6 inches before the topsoil is placed unless otherwise directed by the Engineer

3.02 Placing and Spreading of Topsoil A 4 inch depth of topsoil shall be Topsoil thickness maintained throughout the Designated areas unless otherwise indicated in the Contract Documents

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SPECIALTY ITEMS

The following items are designated as “Specialty Items” for this contract as defined in Section 108-05 of the Standard Specifications:

 Item 502.81010018 Full Diamond Grinding of PCC Pavement  Item 551.96000017 Crosshole Sonic Logging of Drilled Shafts  Item 551.99300917 Micropiles  Item 551.99496017 Drilled Shafts  Item 556.03 Stud Shear Connectors  Item 558.02 Longitudinal Sawcut Grooving of Structural Slab Surface  Item 559.18960118 Protective Sealing of Structural Concrete on New Bridge Decks  Item 560.0401 Stone Masonry  Item 564.00010001 Bridge Hanger Assemblies and Erection  Item 564.05XX Structural Steel  Item 564.40000X16 High Performance Steel  Item 565.1523 Type M.R. Expansion Bearing (451 to 675 K)  Item 565.1525 Type M.R. Expansion Bearing (Over 900 K)  Item 565.1725 Type M.R. Fixed Bearing (Over 900 K)  Item 566.02 Modular Expansion Joint System – Two Cell  Item 566.03 Modular Expansion Joint System – Three Cell  Item 567.50 Armored Joint System with Preformed Elastic Strip Seal – Type as Noted  Item 568.50 Steel Bridge Railing (Two-Rail)  Item 568.70 Transition Bridge Railing  Item 568.80010010 Ornamental Pedestrian Railing  Item 572.00010001 Metalizing  Item 576.02 Scuppers (Type B)  Item 606.XX Guide Railing Items  Item 607.0522 Vinyl Coated Steel Chain-Link Fence on Plastic Coated Frame With Top Tension Wire 1830 Millimeter High  Item 625.01 Survey operations  Item 634.99010017 Building Condition Survey  Item 634.99020017 Vibration Monitoring (Nonblasting)  Item 645.XX Ground Mounted Sign Items  Item 646.06XX Delineator Items  Item 646.0701 Reference marker, 4.0 Foot mounting height  Item 646.08XX Snowplowing Marker Items  Item 665.98000001 Navigation Lights  Item 665.00030001 Vertical Clearance Gauges  Item 670.XXXX0001 Compact Floodlight  Item 670.XXXX0001 Pedestrian Railing Lighting  Item 670.XXXX0001 Flexible Light Rope  Item 685.XX Pavement Marking Items

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