2-1-26-5-18-8 Special Provisions.pdf

SPECIAL PROVISIONS

Cox Creek DMCF Capacity Recovery Project Special Provisions

TABLE OF CONTENTS

SP-1.0 PLANS AND SPECIFICATIONS FURNISHED TO THE CONTRACTOR

SP-2.0 PERMITS

SP-3.0 COMMUNICATIONS

SP-3.1 CORRESPONDENCE AND POINT OF CONTACT

SP-4.0 INSPECTIONS

SP-5.0 VIDEO FOOTAGE AND PHOTOGRAPHS

SP-6.0 CONTRACTOR’S WORK AREA

SP-7.0 CONTRACTOR PARKING

SP-8.0 CONTRACTOR FACILITIES

SP-8.1 TEMPORARY SANITARY PROVISIONS

SP-8.2 TEMPORARY WATER SUPPLY

SP-9.0 NOTIFICATION OF UTILITY AGENCIES

SP-10.0 MAINTENANCE OF PARKING AND ACCESS ROADS

SP-11.0 DUST CONTROL

SP-12.0 SPECIAL HEALTH, SAFETY AND ENVIRONMENTAL PRECAUTIONS

SP-12.1 HEALTH AND SAFETY PLAN

SP-12.2 FUEL SPILLS

SP-12.3 MDE VIOLATIONS

SP-13.0 ENVIRONMENTAL AWARENESS FOR CONTRACTORS

SP-14.0 HARMFUL ALGAL BLOOM (HAB)

SP-15.0 PHYSICAL DATA

SP-15.1 CONTRACTOR’S INTERPRETATIONS

SP-15.2 EXISTING CONDITIONS

SP-15.3 WEATHER

SP-15.4 OFFEROR’S EXAMINATION OF SITE CONDITIONS

SP-16.0 DIFFERING SITE CONDITIONS

SP-17.0 HISTORICAL ARTIFACTS

SP-18.0 LIQUIDATED DAMAGES

Colgate Creek DMCF Capacity Recovery Project Special Provisions

SPECIAL PROVISIONS

SP-1.0 PLANS AND SPECIFICATIONS FURNISHED TO THE CONTRACTOR

A. The CONTRACTOR will be supplied a digital copy of the Contract Documents in

PDF Format.

B. If the CONTRACTOR requests copies of the Contract Documents in their original format (.xlsx, CAD, Microsoft Word), the CONTRACTOR will be required to submit a signed document release form to receive such copies of the Contract Documents.

SP-2.0 PERMITS AND REGULATIONS

A. The SERVICE will obtain the following permits required for the proposed construction work. All other permits to conduct business or for the normal course of construction are the responsibility of the CONTRACTOR. Permits obtained by the SERVICE include:

State Discharge Permit Number 13-DP-3424A MDE Dam Safety Permit Number 20-OB-0132.

Water Appropriation and use Permit Number AA2003S009 (05) Ground Water Appropriation and Use Permit Number AA2017G001 (03)

B. The CONTRACTOR shall perform the work under this Contract in strict compliance with the terms and provisions of all permits issued. All permits are provided in Appendix B.

C. The CONTRACTOR guarantees that in the performance of the Work, they and every person in their direct or indirect employment (i.e. subcontractors) shall abide by and comply with all Federal, State, and local laws including, but not limited to, the Occupational Safey and Health Act.

D. All other approvals, permits, licenses, and any associated charges, fees or taxes required for the implementation of the Project beyond those obtained by The SERVICE shall be the responsibility of the Contractor.

SP-3.0 COMMUNICATIONS

SP-3.1 CORRESPONDENCE AND POINT OF CONTACT

A. All correspondence shall be provided in electronic format. All information sent to the SERVICE shall be complete and legible. The SERVICE will not accept any correspondence or submittals by fax.

B. The CONTRACTOR shall assign an individual, satisfactory to the SERVICE, to be the single point of contact for all job-related correspondence and communication.

This individual shall be assigned to the project from start to finish and shall not be replaced without permission or direction from the SERVICE. This individual shall be responsible for disseminating information to other members of the CONTRACTOR’s staff and to applicable subcontractors as necessary. This individual shall be the CONTRACTOR’s designated representative at the site and shall be authorized to represent the CONTRACTOR for all matters, financial and otherwise, on the CONTRACTOR’s behalf. The CONTRACTOR’s Representative shall attend all project meetings and shall always be on site or readily available while the CONTRACTOR or his Subcontractors are present on site.

SP-4.0 INSPECTIONS

A. The SERVICE or its Inspectors will inspect all dredging, placement, and dewatering operations. The presence of the SERVICE or its Inspector shall not relieve the CONTRACTOR of responsibility for the proper execution of the work in accordance with the Contract documents. The CONTRACTOR shall be responsible for providing access to and from the dredge.

SP-5.0 VIDEO FOOTAGE AND PHOTOGRAPHS

A. As evidence of work completed, the CONTRACTOR shall furnish the SERVICE with color photographs and/or video footage (as applicable) of work in progress.

Photographs and videos shall be in electronic format acceptable to the SERVICE and shall be taken and submitted at the start of the project, on a weekly basis, and at the completion of the project. Photos shall be taken with a digital camera. Digital camera shall have a minimum resolution of 2240 x 1500 pixels. A minimum of ten (10) photographs shall be taken each week. Provide photographs for each week in a separate directory. The following information shall be provided with each photograph:

Contract Number;

Brief description of picture including direction of view, and;

Date picture taken.

B. All the photographs and videos furnished under this provision shall be the property of the SERVICE, and no rights therein shall be reserved in the photographer or in the CONTRACTOR, or in any other person, firm, or corporation.

C. Security sensitive items or locations, as determined by the SERVICE shall not be photographed.

SP-6.0 CONTRACTOR’S WORK AREA

A. The SERVICE will not furnish or make available any storage, work areas or utilities for the CONTRACTOR’s use, except for what is shown on the contract drawings, on this Contract. This section is exclusive of any area at the Cox Creek DMCF that may be furnished for the CONTRACTOR’s use in accordance with operations approved by the SERVICE and following the Standards and Procedures for Placement of Dredged Material at Cox Creek DMCF provided in Appendix D.

B. At the CONTRACTOR’s expense, the CONTRACTOR’s working areas shall be cleaned by them on a day-to-day basis, with all rubbish removed from the site and all work areas cleaned at the end of each day. At completion of all work, the CONTRACTOR shall leave the entire premises within the site of their operations, clean and free from rubbish resulting from their construction operations.

C. The CONTRACTOR shall be responsible for the maintenance and repair to roads, rights of way, and other access points throughout the CONTRACTOR’s performance at Cox Creek DMCF. This responsibility includes only those roads and areas which the CONTRACTOR actually uses in their operations. Maintenance of roadways shall include the control of dust which may occur as a result of the CONTRACTOR’s activities. The CONTRACTOR may employ only those methods of dust control which have been approved by the SERVICE.

SP-7.0 CONTRACTOR PARKING

A. CONTRACTOR shall not park on public roadways unless approved by the

SERVICE.

B. CONTRACTOR shall make its own arrangements for parking areas. If necessary, the CONTRACTOR shall make offsite arrangements for employees and other vehicle parking.

SP-8.0 CONTRACTOR FACILITIES

SP-8.1 TEMPORARY SANITARY PROVISIONS

A. The CONTRACTOR shall provide and maintain, at its own expense, in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the Maryland Department of Health, the Occupational Safety and Health Administration (OSHA) 29 Code of Federal Regulations (CFR) 1910.141, or of other governmental bodies or tribunals having jurisdiction there over. The CONTRACTOR shall not permit any public nuisance.

B. Use of SERVICE’s facilities is not permitted.

SP-8.2 TEMPORARY WATER SUPPLY

A. The CONTRACTOR shall provide and maintain, at its own expense, a temporary potable water supply for construction activities. The SERVICE does not guarantee a fresh water supply within a reasonable distance. The CONTRACTOR may supply bottled water for drinking.

SP-9.0 NOTIFICATION OF UTILITY AGENCIES

A. Prior to commencement of construction and dredging activities and every two weeks during construction and dredging activities, the CONTRACTOR shall notify Miss Utility in writing with a copy to the SERVICE.

B. The CONTRACTOR shall notify Miss Utility by processing a ticket, which can be done by contacting a Miss Utility operator at (410) 712-0056, or by registering online at www.missutility.net. If done online, the CONTRACTOR shall use ITIC by selecting the region, registering and/or logging in, and submitting a locate request.

Once the ticket is processed, the utility agencies will take 48 hours to respond.

i. Note that the Cox Creek DMCF is a MDOT STATE ROW with MDOT

MPA as the MD Agency controlling Property.

C. The CONTRACTOR shall verify the precise location of all utility, cable and transportation crossings and take precautions not to damage the crossings with spuds, anchors, and buckets or by any other method of construction. If damage occurs, construction operations shall cease until the damage is repaired by the CONTRACTOR and approved by the Utility OWNER. Costs of such repairs shall be at the CONTRACTOR’s sole expense.

D. The CONTRACTOR shall notify the SERVICE of all Miss Utility tickets immediately after any utility ticket has been submitted. MES Pre-Excavation checklist must be completed prior to excavation. The Pre-Excavation checklist is provided in Appendix C.

SP-10.0 MAINTENANCE OF PARKING AND ACCESS ROADS

A. Maintenance: CONTRACTOR shall maintain traffic and parking areas in a sound condition. CONTRACTOR shall repair breaks, low areas, standing water and other deficiencies, to maintain drainage in original or specified condition.

B. Cleaning of Roadways and Parking Areas: CONTRACTOR shall keep public and private rights-of-way and parking areas clear of construction-caused soiling, dust and http://www.missutility.net/ debris, especially debris hazardous to vehicle tires. CONTRACTOR shall perform cleaning as frequently as necessary.

SP-11.0 DUST CONTROL

A. The CONTRACTOR shall maintain all work areas free from dust. Approved temporary methods of stabilization consisting of sprinkling, chemical treatment, light bituminous treatment, or similar methods will be permitted to control dust.

Sprinkling, where used must be repeated at such intervals as to always keep parts of the disturbed area at least damp. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs.

B. The CONTRACTOR shall submit a Dust Control Plan in accordance with the Standards and Procedures for Placement of Dredged Material at Cox Creek DMCF.

SP-12.0 SPECIAL HEALTH, SAFETY AND ENVIRONMENTAL PRECAUTIONS

SP-12.1 HEALTH AND SAFETY PLAN

Health and Safety Documentation: The CONTRACTOR shall maintain a written Health and Safety Plan and provide documentation of its Health and Safety Program and those of its subcontractors, as described below. Such programs must be acceptable to the SERVICE. Health and Safety documentation shall be submitted to the SERVICE within fourteen (14) calendar days of written Notice of Intent to Award.

Health and Safety Program: Providing a safe and healthful workplace for all personnel working on or near the worksite is the responsibility of the CONTRACTOR and its subcontractors. The following sections are mandatory for all personnel working at the site. These mandatory sections are intended to be a minimum requirement and may need to be enhanced depending upon the circumstances of the project. The CONTRACTOR shall anticipate enhancements and add appropriate procedures to suit the Contract.

Applicable Safety Rules: The CONTRACTOR shall comply with all federal, state, local standards, regulations or laws.

Qualifications: Only trained, competent, certified or licensed personnel shall operate or service equipment, including but not limited to excavators, dump trucks, dozers, etc.

Contractor’s Health and Safety Written Program: The CONTRACTOR shall maintain a written health and safety program for its employees that is acceptable to the SERVICE and shall require that its subcontractors do the same. At a minimum, the health and safety program shall include the following elements:

1. Responsibilities: The responsibilities of the CONTRACTOR’s project manager, first line supervisors, superintendents, safety persons and others shall be defined.

2. Accident Investigations: All accidents/injuries must be reported to the SERVICE immediately. All accidents shall be investigated within 24 hours after the accident. A written report describing what happened, witnesses, causes, and corrective actions shall be completed and provided to the SERVICE within 48 hours. The SERVICE may require corrective actions.

3. Housekeeping and Inspections: The CONTRACTOR is required to perform periodic inspections, inclusive of housekeeping, and take appropriate corrective actions.

4. Safety Meetings: Daily safety meetings shall be conducted by the CONTRACTOR. A record of the meeting date, attendees, topics, and corrective actions shall be maintained and submitted to the SERVICE as part of the daily progress report.

5. Training: All CONTRACTOR and subcontractor employees shall be trained as required for the type of work being performed on the job site. This may include forklift training, hazard awareness, electrical safety, confined space training, etc. All CONTRACTOR and subcontractor employees that work on site for longer than one day must complete the SERVICE’s Site Safety Briefing. The CONTRACTOR shall submit appropriate training certificates for employees performing the work before they start work.

6. First Aid and Emergency Response Procedures: A written description of how first aid and emergency response will be administered shall be included in the written program. A list of emergency phone numbers shall be included. Directions to the nearest medical care facility shall be included.

In addition to a written and practiced health and safety program, the CONTRACTOR and its subcontractors shall have the following programs in place. The Contractor shall furnish copies of all such programs to the SERVICE within fourteen (14) calendar days of written Notice of Intent to Award. All such programs must be acceptable to the SERVICE.

Personnel Protective Equipment (PPE): The CONTRACTOR shall have a personnel protective equipment program that establishes PPE requirements suited for the job site. At a minimum, each worker will be required to wear reflective clothing, hard hat, safety glasses, American National Standards Institute (ANSI) foot protection, and a personnel flotation device (PFD) for marine construction. All PPE shall comply with the appropriate ANSI standards. Special provisions and written programs may be necessary for fall and respiratory protection.

Hazardous Communication Program: The CONTRACTOR shall maintain a written Hazardous Communication program, a list of safety data sheets and copies of the Safety Data Sheets (SDS) for hazardous material that are used on the worksite, and training records to show that all employees have been training in compliance with the standard.

Hot Work Program: If the CONTRACTOR is doing any type of hot work under this Contract, the CONTRACTOR shall have a written hot work program that is acceptable to such work, shall require the same of its subcontractors, and supply three

(3) copies to the SERVICE. The SERVICE will issue a Hot Work Permit.

Lockout/Tagout Program: The CONTRACTOR shall have a written lockout/tagout program, which protects the persons performing the work as well as any person affected by the work.

Confined Space: The CONTRACTOR shall submit confined space procedures and training certificates. The CONTRACTOR shall be required to complete the SERVICE Contractor Notification Form prior to commencement of work and the SERVICE Contractor Debriefing Form after completion of work for Permit Required Confined Space Entry.

SP-12.2 FUEL SPILLS

Documentation: The CONTRACTOR shall maintain a Fuel Spill Prevention and Containment Plan. The CONTRACTOR shall provide documentation of its Fuel Spill Prevention and Containment Plan as discussed below. Plan must be acceptable to the SERVICE. Copy of plan must be submitted to the SERVICE within fourteen (14) calendar days of written Notice of Intent to Award.

Spill Responsibility: Immediate containment actions shall be taken as necessary to minimize the effect of any spill or leak. Cleanup shall be in accordance with applicable federal, state, and local laws and regulations, at no additional cost to the

SERVICE.

Contractor Reporting Requirements: If a spill occurs on or off the site, the Contractor shall immediately notify the SERVICE, the Maryland Department of the Environment (MDE), and the National Response Center (NRC). The Contractor shall also comply with Code of Maryland Regulations (COMAR) 26.10.08.04. A written follow-up shall be submitted to the Service no later than seven (7) calendar days after the initial report. The written report shall be in narrative form and as a minimum include the following:

1. Description of the material spilled.

2. Whether amount spilled is United States Environmental Protection Agency

(USEPA)/state reportable and when and to whom it was reported.

3. Exact time and location of spill, including description of the area involved.

4. Receiving stream or waters.

5. Cause of incident and equipment and personnel involved.

6. Injuries or property damage.

7. Duration of discharge.

8. Containment procedures initiated.

9. Summary of any communications Contractor has with agencies or Government officials other than the SERVICE.

10. Description of cleanup procedures employed or employed at the site, including disposal location of spill residue.

SP-12.3 MDE VIOLATIONS

A. Maryland Department of the Environment (MDE) Violations: The CONTRACTOR shall immediately report any MDE violations related to the Work to MDE and the

SERVICE.

SP-13.0 ENVIRONMENTAL AWARENESS FOR CONTRACTORS

A. The provisions of the Contract require the CONTRACTOR to be aware of the provisions within the Contractor, Tenant, and Port User Environmental Handbook and to communicate its contents to the employees and subcontractors. Records of this training shall be maintained by the CONTRACTOR and made available to the SERVICE upon request.

B. The CONTRACTOR shall set up standards to adhere to the Contractor, Tenant, and

Port User Environmental Handbook contents and all local, federal, and state regulations. These standards should be included in the CONTRACTOR’s Health and Safety Plan (See SP-12.1 Health and Safety Plan).

C. The Contractor, Tenant, and Port User Environmental Handbook provides general awareness guidance for environmental hazards associated with activities that may occur on Maryland Port Administration (MPA) property. More detailed planning may be required to fulfill this Contract and meet local, state and federal regulations:

https://mpa.maryland.gov/greenport/documents/MDOTMPAContractorsEnvironme ntalHandbook2025.pdf

SP-14.0 HARMFUL ALGAL BLOOM (HAB)

A. Ponded water at the Cox Creek DMCF has the potential to contain HABs. This site is being monitored by the SERVICE for the presence of HABs. If HABs are present within the DMCF during the time of the Contract, the SERVICE will notify the

CONTRACTOR.

B. If a HAB is present within the site at the time of the Contract, the CONTRACTOR shall be required to decontaminate equipment that came into contact with water from within the site as specified by the SERVICE as outlined in the Standard Operating Procedures for Harmful Algal Bloom Decontamination of Inflow and Dredging Equipment which is included in the Cox Creek DMCF Standards and Procedures for Placement of Dredged Material (August 2023). Decontamination shall be performed to the satisfaction of the SERVICE.

SP-15.0 PHYSICAL DATA

SP-15.1 CONTRACTOR’S INTERPRETATIONS

A. Information and data furnished or referred to by these Specifications or Contract Drawings are furnished for information only. It is expressly understood that the SERVICE will not be responsible for any interpretation or conclusion drawn therefrom by the CONTRACTOR.

SP-15.2 EXISTING CONDITIONS

A. The representation of existing conditions indicated on the Contract Drawings and in these Specifications are the result of site investigation and surveys. The SERVICE can make no warranty as to the actual conditions. The CONTRACTOR is to make an independent investigation.

SP-15.3 WEATHER

A. Complete weather records and reports may be obtained from the National Weather

SERVICE. The CONTRACTOR shall satisfy himself as to the hazards likely to arise from weather conditions during the contract period. The site of work is exposed. The CONTRACTOR can expect icing of the area during the winter months.

SP-15.4 OFFEROR’S EXAMINATION OF SITE CONDITIONS

A. In order that they shall be fully aware of all site conditions attendant upon all aspects of the project and site pursuant to General Conditions 3.04-3.05, Offerors are encouraged to make examinations of the work site together with the areas contiguous thereto; they shall also make inquiries concerning the locations as may be necessary to acquaint themselves with actual circumstances as to prevailing or changing conditions, in order that there may be no misunderstanding concerning present and probable obstacles and obstructions to the CONTRACTOR's conduct of onsite operations.

B. It must be distinctly understood that conditions which the Offeror might find to exist at the location, at the time of any examination, shall not be considered as permanent, nor shall conditions found to be existing at the time of any examination be considered as binding the SERVICE in any way toward providing a continuance of them, or to creating circumstances which will provide identical conditions.

SP-16.0 DIFFERING SITE CONDITIONS

A. Variations in the materials are to be expected and, if encountered, shall not be considered as being materially different within the purview of Section 3.03, "DIFFERING SITE CONDITIONS" of the General Conditions.

B. In addition to any requirements of the General Conditions, if the Offeror intends to make a claim for differing Site Conditions, it must:

1. Immediately notify the SERVICE verbally and in writing within twenty-four

(24) hours, with specificity of the location of the Differing Site Conditions and give the SERVICE opportunity to observe the condition; and

2. Preserve sufficient evidence through a comparative geotechnical study of soil boring and laboratory tests that demonstrates how the actual conditions encountered differ substantially from those indicated in the Contract information provided.

SP-17.0 HISTORICAL ARTIFACTS

A. The CONTRACTOR will immediately take action to protect and secure and notify the SERVICE’s representative upon discovery of any historic or archeological items during excavation or processing activities.

SP-18.0 LIQUIDATED DAMAGES

A. For each day the work shall be uncompleted after the Contract completion date, including extensions by the SERVICE, the CONTRACTOR shall be liable for liquidated damages in the amount specified in the Contract Documents.

B. Liquidated Damages of $3,000/calendar day will be assessed for failure to complete the project within the allotted timeframe.