ATTACHMENT 1

Index to Special Provisions & Special Provisions

S-1 Contract No. 524048

SPECIAL PROVISIONS

SP-1 SCOPE AND GENERAL DESCRIPTION OF THE WORK

A. The Work as defined in General Provisions GP-1.05 to be performed under this Contract consists of the furnishing of all materials and equipment and the performance of all labor to complete the work including, but not limited to the following:

supervision, labor, materials (furnishing, delivery, testing, sampling/certifying, storage, handling, installation, etc.), equipment, tools and all associated work necessary to fulfill certain of the Administration’s requirements for paving work, as needed.

The work under this Contract includes, but is not limited to: asphalt paving; removal and patching of asphalt and concrete pavements; pavement milling; joint and crack sealing; bituminous asphalt overlays; slurry seal coating; adjustment and reconstruction of manholes and inlets; removal of concrete curbs, gutters, and sidewalks; pavement markings; maintenance of traffic; sediment and erosion control; trenching; excavation and grading; to be completed in accordance with the Specifications; all applicable codes, sketches and other contract documents and any addenda thereto, at locations designated by the Engineer.

All aforementioned work shall conform to the Specifications, the Contract Drawings and as directed by the Engineer and as called for in these specifications by section reference to Maryland Department of Transportation, Maryland State Highway Administration (MSHA) Standard Specifications for Construction and Materials, dated July 1, 2022, with all the latest addenda, hereinafter abbreviated as “MSHA Standard Specifications”).

B. By agreeing to undertake this Contract, the Contractor acknowledges to have reviewed, is familiar and will comply with the terms and conditions enumerated herein.

C. Note that some bid items have a quantity threshold, such as but not limited to: First Unit, Less Than, or Greater Than. The quantity threshold listed applies per individual work order, regardless of time, schedule, or phasing.

SP-2 SCHEDULE OF WORK

A. The Contractor shall complete the Work including transmittal and approval of submittals, procurement and delivery of materials and equipment; and execution of all other related Work; and receive Final Acceptance of the Work for Maintenance by the Administration as defined in the Contract Documents, within one thousand ninety-five (1095) calendar days from the written Notice to Proceed. The Contractor shall submit shop drawings and other submittals in a timely manner for approval in accordance with SP-14. Work requiring shop drawings or other submittals shall not be constructed without written approval from the Engineer.

B. During the period of work under a “Work Order” or “Subtask” it is necessary that the existing facilities now being used by others continue in operation while the Work progresses. The Contractor’s equipment accessing the site and construction activity

S-2 shall not interrupt cargo processing (loading/unloading) and storage activity. Also, the Contractor is alerted to the fact that other construction contracts may be underway in the vicinity of this site while Work on this Contract is ongoing.

C. The Engineer will provide a brief description and/or details of the “Work Order” or

“Subtask” to the Contractor ten (10) calendar days in advance of scheduled work period.

D. The Contractor shall have sufficient manpower, material and equipment to undertake multiple “Work Orders” or “Subtasks” simultaneously at any or all terminals and complete them as assigned; and meet schedules determined by the Engineer. When directed by the Engineer to prosecute simultaneous “Work Orders” or “Subtasks,” the Contractor shall provide up to three (3) independent and distinct crews capable of completing the “Work-Order(s)” or “Subtask(s)” independently with no overlap or common use of manpower, material or equipment.

E. Upon notification by the Engineer, the Contractor will meet with the Engineer at a pre-construction conference within five (5) calendar days of notification to discuss the scope and schedule of repairs for a “Work Order” or “Subtask.” The Engineer shall organize and schedule this pre-construction conference. Within ten (10) calendar days after the meeting, the Contractor shall start work in accordance with the approved repair plan and work schedule as specified below.

F. As part of each pre-construction conference, the Engineer and the Contractor will inspect each “Work Order” or “Subtask” location. The Engineer shall delineate the areas requiring repair.

G. The pre-construction conference is intended to review the “Work Order” or “Subtask” repair plan and develop a work schedule. The meeting should address areas of work, schedule of work, maintenance of traffic, sediment and erosion control, coordination, testing and inspection, haul routes, staging areas, etc. The Engineer shall accompany the Contractor's representative(s) at all pre-construction conferences.

H. The Engineer will be responsible for preparation of pre-construction(s) conference meeting minutes and distribution of same to the meeting attendees.

I. It is the intent of this contract that the work will be performed within the construction times approved in the work schedule for each “Work Order” or “Subtask” as required by the Engineer. The Contractor is expected to meet the completion times for each area as scheduled. Completion times for each “Work Order” or “Subtask” will be defined in workdays. A workday is defined in Paragraph TC-1.03 in the MSHA Standard Specifications, except and if approved in advance by the Engineer, the Contractor may schedule his Work on weekends and holidays and such days will not be counted against workdays. The importance of these times is stressed by the inclusion of liquidated damages as defined in Section 1.3.1, Liquidated Damages of the RFP.

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J. Commencing on the date designated in the Administration’s written Notice of Award, the Contractor shall submit to the Administration cost breakdowns for all lump sum bid items listed on the Price Proposal Form within 14 days. The Contractor shall breakdown all lump sum bids to the unit or system cost for material, equipment, and labor with appropriate mark-ups in a format acceptable to the Engineer. The Contractor shall submit additional or more extensive breakdowns if required by the Engineer.

K. Extension of Contract Term to Permit Expenditure of Funds: The term of this contract may be extended for a reasonable, limited, and defined term, as determined in the discretion of the Engineer, to permit the expenditure of funds remaining on the contract, as provided in Board of Public Works Advisory 1995-1 (as revised).

L. The Contractor shall confirm the warranty of construction duration and percentage of work performed by the prime contractor’s own employee work force under its immediate supervision by referencing SP-28 and SP-29 respectively in these Special Provisions.

M. PROGRESS SCHEDULE (In Lieu of GP-8.04.A)

1. General:

a. Full compliance with the following schedule submission requirement is essential to ensure the timely processing of progress payments.

b. The Contractor shall prepare and maintain a detailed progress schedule. This schedule shall be the Contractor's working schedule and shall be used to plan, organize, and execute the Work; record and report actual performance and progress; and forecast remaining Work.

c. Schedule Work such that any specified intermediate milestone(s) and completion dates are met as specified in these Special Provisions.

d. The initial baseline construction schedule submittal shall reflect zero status, addressing the Contract Work as viewed from Notice to Proceed looking forward in time.

2. Progress Schedule: Develop a precedence schedule to include the dates the Contractor intends to start and complete all items of Contract Work and submit to the Engineer within 7 days after Notice of Award for approval per task.

a. Required Submittals:

(1) Time scaled bar chart, reflecting milestone(s) and completion dates.

(2) Narrative containing supplementary information describing the construction methods and any resource restraints to enable the Engineer to evaluate the schedule for its usefulness as a valid and workable project control tool. Include in this narrative an explanation of activities where the computerized activity description is insufficient to determine the intended scope. Also, include an explanation of any schedule restraints that were used, activity links other than start to finish links, or a statement that none have been used.

b. Construct the schedule to indicate a logical sequence of required Work and major restrictions from the availability and use of manpower, materials, and

S-4 equipment. Include all activities of subcontractors and suppliers. Show constraints/activity links graphically.

c. In the Progress Schedule, provide sufficient detail so that the Contractor can properly control the Contractor's Work and the Engineer can readily monitor and follow progress of the Contract Work. The schedule shall reflect on time completion of contractually specified intermediate milestone(s) and completion dates. The degree of detail shall be to the satisfaction of the Engineer. As a minimum, the following factors shall have a bearing on the required depth of activity detail:

(1) The types of Work to be performed.

(2) Procurement, fabrication, delivery, installation, and test activities for major systems and equipment.

(3) Submittal and approval of shop/working drawings and material samples.

(4) Access and availability to Work areas.

(5) Delivery of any furnished equipment.

(6) Interfaces and dependencies with preceding, concurrent, and follow-on contractors.

(7) Plans for subcontracted Work.

(8) Manpower, material, equipment, and resource requirement restrictions.

(9) Planned normal workweek and planned exceptions.

d. Except for non-construction activities such as procurement of materials, delivery of equipment, or other such activities as may be approved by the Engineer, do not make activity durations in excess of 7 days. For other long activities (construction or other), subdivide the activity showing an estimated time for an appropriate percent completion or other significant milestone. All durations shall be the result of definitive manpower and resource planning under contractually defined Work conditions and shall be in units of whole working days.

e. A unique activity numbering system may be used to code or identify activities by bid items, Work items, areas, procurements or subcontractors. If subnetworks are used, no two activities shall bear the same activity number or description.

3. Administration's Review and Approval

a. After submission of the complete schedule submittal, participate in a conference with the Engineer to appraise and evaluate the proposed schedule.

Make any revisions necessary as a result of this review and resubmit the complete revised schedule submittal within 3 days after the conference.

b. When the Progress Schedule and Narrative documentation satisfy the Specification requirements and completion dates, the Engineer will approve the Contractor's submittal and the initial approved schedule will be the baseline schedule with which to measure progress.

4. Monthly Progress Schedule Updates (required for tasks exceeding one month)

a. All monthly Progress Schedule updates shall be plotted and updated against the approved baseline schedule.

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b. Prior to the formal submittal, the parties shall participate in a pre-update conference to verify progress and review update modifications to the Progress Schedule.

c. Within five days subsequent to the pre-update conference submit:

(1) Time scaled bar chart derived from the updated schedule data.

(2) Narrative, covering as a minimum:

(a) A description of the physical progress during the report period.

(b) Problem areas, current and anticipated.

(c) Delays incurred during the report period and explanation of same.

(d) Delaying factors, their impact and an explanation of corrective actions taken or proposed to mitigate those delays.

(e) Changes in activity duration including an explanation.

(f) Changes in activity sequence including an explanation.

(g) Listing with explanation of added activities.

(h) Listing with explanation of deleted activities.

(i) Explanation of any schedule restraints that were used or a statement that none have been used.

(j) Plans for forthcoming report period.

(k) Contractor's projected cash flow.

(3) Submit, for approval, a revised Progress Schedule in the same form as set forth in subparagraph b above, when one or more of the following conditions occur:

(a) When a change or delay significantly affects any specified intermediate milestone date, the Contract or task completion date or the sequence of activities.

(b) When the Contractor elects to change a sequence of activities affecting any critical path or to significantly change the previously approved schedule submittal.

(c) When, in the opinion of the Engineer, the status of the Work is such that the Progress Schedule and Narrative documentation are no longer representative for planning, executing, and evaluating the Work.

(4) If project progress slips more than two weeks, then schedule updates shall be performed every two weeks until project is back on schedule.

(5) The monthly payment estimate will not be processed prior to the Engineer's approval of the monthly Progress Schedule and cash flow updates.

(6) The Contractor shall submit as part of the monthly schedule submittal a project cash flow which is directly tied to the progress schedule. The cash flow shall be submitted in a graphical and tabular format. Progress of cash flow updates shall be plotted against the approved baseline cash flow. Cash flow submittals shall be submitted as a part of all progress schedule submittal packages.

5. Change Orders, Delays and Time Extensions: Articles GP-4.06, GP-5.14, and GP-

8.08 of the General Provisions are augmented by the following requirements:

a. When proposed change orders are initiated or delays are experienced, submit to the Engineer in writing:

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(1) A Time Impact Analysis illustrating the influence of each change or delay on any specified intermediate milestone date or completion date. The Time Impact Analysis is to include, as a minimum, what critical path activities are affected on what specified workdays and why for each activity for each workday. Also, if the claim is for more than one Contract milestone, the Time Impact Analysis is to address each Contract milestone individually.

(2) A proposal demonstrating how the Contractor plans to incorporate the change or delay into the current Progress Schedule with minimal impact to milestone completion dates. Justification of the plan shall be based on revised activity logic and/or durations in addition to such other supporting evidence as the Engineer deems necessary.

(3) Submit each Time Impact Analysis and Schedule Revision Proposal within 30 days after a delay occurs or notice of direction is given to the Contractor.

b. The Engineer will, within a reasonable time after receipt of the Contractor's Time Impact Analysis and Schedule Revision Proposal, review the submittal and advise the Contractor in writing thereof. Upon agreement by both parties, the appropriate revisions shall be incorporated into the Progress Schedule at the next monthly update.

c. It is understood and agreed that schedule float time is not for the exclusive use of either the Administration or the Contractor. Extensions of time for performance under any and all of the provisions of this Contract will be granted only to the extent the equitable time adjustment for activities affected exceed the total float along the paths involved.

6. Where the Engineer has not yet made a final determination, or the parties are unable to agree on the schedule revisions or time extensions, if any, the Contractor shall incorporate such revision as the Engineer may determine to be appropriate for such interim purposes. It is understood and agreed that any such interim determination for the purpose of this paragraph shall not be binding on either party for any other purpose and that, after the Engineer has made a final determination, the Contractor shall revise the Progress Schedule in accordance with the final decision.

N. The Administration reserves the right to delete a “Work Order” or “Subtask” or adjust the quantities and/or schedule of work at any time after the pre-construction conference for any work to meet MDOT MPA's schedules and priorities.

SP-3 QUALITY ASSURANCE

A. The Contractor shall satisfy all experience and quality assurance specifications contained in these Special Provisions, in compliance with GP-8.01 or as may be superseded in SP-28 Special Subcontracting Provisions; and as otherwise referenced in the Technical Specifications or indicated on Contract Drawings relating to labor, materials, and equipment the Contractor uses to perform the Work.

B. Unless otherwise expressly stated in the Technical Specifications to this Contract, the

Contractor shall submit to the Administration documentation verifying its fulfillment of the experience and quality assurance specifications within 14 days after Award of Contract.

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C. If, in the sole discretion of the Administration, the Contractor fails to demonstrate its ability to satisfy the experience or quality assurance requirements specified herein, the Contractor shall immediately cure its failure within 14 days. Failure of the Contractor to cure its failure to comply with these specifications may result in termination of the Contract for default, in addition to any other lawful remedies.

D. This Special Provision is intended to supplement, not replace, the requirements and obligations set forth in General Provision 8.06.

SP-4 SUBSURFACE CONDITIONS AND HISTORY

A. Subsurface conditions or history are not included as part of these Contract Documents.

SP-5 CONTRACT DRAWINGS

A. Contract Drawings are not included as part of these Contract Documents. Appendix

IV includes Typical Construction Details. Submit Attachment V to the Procurement Officer to receive access to these documents.

SP-6 PLANS AND SPECIFICATIONS FURNISHED TO CONTRACTOR

A. The Contractor will be supplied by the Engineer with five (5) copies of the Contract Specifications.

SP-7 CORRESPONDENCE

A. The Administration shall not accept any correspondence or submittals by fax. All correspondence and submittals shall be the original document or a clear hard copy of the original document. All information sent to the Administration shall be complete and legible. The Administration reserves the right to take no action or delay taking final action on documents that do not meet the requirements stated hereinbefore, until compliant documents are delivered by mail or courier.

B. PDF files of original documents sent via email are acceptable correspondence in accordance with the following requirements. All electronic files (PDF) sent to MDOT MPA via email attachment must be acknowledged as received by the MDOT MPA recipient (person sent To:). The Subject line of the email shall use brief concise titles.

The body text shall describe the PDF files attached including reference to the MDOT MPA contract number and other relevant reference numbers. Attached PDF files shall not exceed 7.5MB, so files larger than 7.5MB must be sent in parts. All parts must be acknowledged as received by the MDOT MPA recipient before the correspondence is accepted. Confirmation and record of receipt is the Contractors responsibility.

SP-8 FIELD OFFICES

A. The Contractor shall provide for his own use a suitable field office in an approved location convenient to the site. He shall also provide temporary sanitary facilities for the Contractor’s personnel.

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B. The Administration will provide office space and facilities for the Administration’s personnel.

C. The Contractor shall provide one (1) or two (2) cellular telephone(s) depending on the size of Administration staff required to manage the Contract and at the discretion of the Administration. These cellular phones shall be for the exclusive use of Administration personnel. Calling area shall include, but not be limited to, all of Maryland, Virginia, Pennsylvania, Delaware and Washington D.C. The Contractor shall provide digital or PCS cellular phones and service; phone recharging units; installation, setup and cancellation services; and pay monthly charges until written final acceptance of the

D. Measurement and payment for Field Offices shall be taken to be included in and covered by the Lump Sum Price Bid under Item No. 1001 on the Price Proposal Form.

SP-9 TEMPORARY WATER SUPPLY

A. The Contractor shall provide and maintain, at his own expense, a temporary potable water supply for building purposes, extending branches to convenient points and terminating same with proper stop and hose connection. The area around the water connection shall be maintained in a clean and safe condition. No undue waste of water shall be permitted.

B. The Contractor may use adjacent fire hydrants, which shall be designated by the

Engineer for the source of supply. The Contractor shall be responsible for any damage caused by or to the hydrant and make repairs at no cost to the Administration. The Administration may not be able to guarantee a fresh water supply within a reasonable distance. Laying of any hose to a distant hydrant is subject to the approval of the Engineer.

SP-10 TEMPORARY SANITARY PROVISIONS

A. The Contractor shall provide and maintain 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 and Mental Hygiene, or of other governmental bodies or tribunals having jurisdiction thereover.

The Contractor shall not permit any public nuisance.

SP-11 TEMPORARY ELECTRIC AND COMMUNICATION SERVICES

A. Any temporary electric service required shall be furnished by the Contractor. It shall be the responsibility of the Contractor to coordinate this Work with the Administration and to obtain the Engineer’s approval to secure service. The Contractor shall maintain the temporary electrical system in a safe and proper condition for the duration of the

B. If electric service is provided by the Administration, then the Contractor shall be charged for such use on the basis of a monthly flat rate ($100 per month per 20 foot trailer, $150 per month per 40 foot trailer, $150 per month per hookup for the

S-9 construction usage) or from submeter readings taken by the Engineer. Submeters shall be installed by the Contractor, as directed, at no additional cost to the Administration.

C. Any communication service required shall be furnished by the Contractor.

SP-12 COORDINATION WITH UTILITY COMPANIES

A. No coordination with utility companies is required, except as otherwise specified in the Technical Specifications or indicated on the Contract Drawings or required by applicable law, regulation or ordinance.

B. The Contractor shall notify the Engineer, at least seven (7) days in advance, when Miss

Utility will be contacted and who will perform utilities location, then notify the Engineer, in writing, when Miss Utility is formally contacted and utilities location is scheduled; and advise the Engineer when utilities location is complete.

1. The Contractor shall engage an independent third-party utility locator to locate and mark MDOT MPA-owned utilities for each Miss Utility locate request and all renewed (i.e. updated) Miss Utility tickets. The utility locator shall be approved by the Engineer prior to the start of utility locating services

2. NOTE: The Contractor shall ensure the following three (3) entries are inputted during Step 3 of each locate request’s application process regardless of whether the requesting party calls in or submits an on-line locate request to Miss Utility.

Adherence to these instructions ensures the Administration (specifically the Maryland Port Administration) is notified directly by Miss Utility of each locate request:

a. MD State ROW: Select “Yes” from the pull-down menu

b. MD Agency Controlling Property or State Road Right-Of-Way: Select

“MPA – MD Port Administration” from the pull-down menu

c. MDOT Permit: Enter the number of this Contract.

3. Additional Miss Utility information is available at www.missutility.net/maryland/.

C. It is the sole responsibility of the Contractor to verify existing site conditions and to locate and protect utilities against damage. The Contractor shall not rely on, and the Administration expressly disclaims any liability related to, the location of utilities or the absence of utilities in any drawings or diagrams provided by the Administration or Engineer to the Contractor.

SP-13 PHOTOGRAPHS

A. No photographs are required for this Contract.

SP-14 SUBMITTALS

A. Submittals are product/technical data, shop/fabrication drawings, construction details, schedules, diagrams, illustrations, mix designs, performance charts, certifications, reports, sample warranties, brochures and other data which are prepared by the Contractor, and subcontractor, manufacturer, supplier or distributor and which illustrate a particular part of the Work to be performed under the Contract. Submittals are required for all materials, equipment, systems, processes, etc. incorporated into the http://www.missutility.net/maryland/

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Work to be performed under the Contract including extra work, modifications or change orders. The Engineer reserves the right to require additional information on any materials, equipment, systems, processes, etc. submitted.

B. The Contractor shall provide the Engineer at the pre-construction meeting with a schedule for its delivery to the Administration of submittals as required by the Contract Documents. The schedule shall identify the Contract number, title and location and list each submittal including the numerical sequence, title, description, specification section and article reference, bid item reference and target date of delivery to the Engineer. The schedule shall be provided within 14 days of the Notice of Award or at the pre-construction meeting.

C. The Contractor shall submit to the Engineer for approval electronic copies of all submittals required to complete the construction. Submittals shall be packaged into logical system groups such that necessary or related components of a particular system to be installed or constructed are part of the same submittal. Independent construction materials, equipment, etc. shall be submitted as individual submittals. If all the items listed on the submittal will not be used, each item to be incorporated in the Work shall be appropriately marked so as to copy with clarity. The cover page of each shop drawing submittal including the attached transmittal letter shall show the following information: 1) Project Title; 2) Contract Number; 3) Submittal Sequence Number as determined by the Administration; 4) Date of Issuance; 5) Name, Address and Phone Number of Contractor/ Subcontractor/ Supplier/ Manufacturer as applicable; 6) Number of Technical Specification applicable to the Work being submitted; and 7) Contract drawing number and Section or Detail Reference Numbers as appropriate.

D. The Contractor shall allow 21 days for initial review and for each resubmittal. The

Contractor shall allow 21 days for response to each Request for Information (RFI).

E. When returned to the office of the Engineer, the original drawings of the revised shop/fabrication drawings will show (so as to print plainly) the date of revision and preliminary approval.

F. A record will be kept of all submittals in accordance with the above program in the office of the Engineer.

G. The Contractor shall keep copies of all approved submittals on the project site at all times.

H. Submittals in the form of drawings shall be checked with existing field dimensions by the Contractor who shall have full responsibility for their correctness. The Contractor shall provide a space approximately 4 x 5 inches on the cover page or beside the title block on all submittals to record the Contractor’s review and approval markings and the action taken by the Contractor. All submittals shall be reviewed by the Contractor and coordinated with interrelated Work prior to transmittal to the Engineer.

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I. The approval/review of submittals by the Engineer is in the nature of an aid to the Contractor but shall not relieve the Contractor from his responsibility to construct the Work in accordance with the Contract Drawings and all the conditions of the Specifications, unless any changes from such Contract Drawings and Specifications, indicated on the shop drawings, shall be called to the attention of the Engineer and his approval is given in writing.

The Engineer’s review is to check conformance with information given and design concept; not for determining accuracy and completeness of dimensions, quantities, installation or performance of equipment or systems designed by the Contractor which remain the Contractor’s responsibility. Review does not constitute approval of safety precautions, construction means, methods, techniques, sequences or procedures. Approval of a specific item does not indicate approval of the assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Engineer relies upon such certification to establish that materials, systems or equipment will meet performance criteria required by the Contract Documents.

J. The approval/review of submittals does not relieve the Contractor of his responsibility to coordinate the work of the several trades and subcontractors, nor is it under any circumstances, to be construed as a check or approval of dimensions or quantities.

K. The Engineer has the right to make such changes on the submittals in dimensions, connections and details as may be found necessary to coordinate the Work with other Work or to meet conditions encountered in the detailing, and no equitable adjustment (cost or time) or damages will be made on account of these changes.

L. In preparing schedules for the delivery of materials, the Contractor shall allow reasonable time for the submission, examination, correction, resubmission and approval of submittals in the manner above described.

SP-15 MATERIAL TESTING

A. All sources of supply and materials used in the Work will be inspected, sampled and tested by the MSHA’s Division of Materials and Research in accordance with Category 900, “Materials” of the MSHA Standard Specifications, except as otherwise specified in the Technical Specifications or indicated on the Contract Drawings.

B. In preparing schedules for delivery of materials, the Contractor shall allow reasonable time for inspecting, sampling and testing by the MSHA.

C. The Contractor shall submit samples of all materials to MSHA for testing and also to the Administration for review as directed by the Engineer.

D. SHA Material Testing Center address and phone number:

Office of Materials Technology

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7450 Traffic Drive Hanover, MD 21076

(443) 572-0524 Office

SP-16 SURVEYS AND LEVELS

A. The Contractor shall employ and pay for the services of a third-party Maryland Registered Land Surveyor to be approved by the Engineer. The Surveyor shall lay out the lines of Work, stake out the location of all utilities, test the levels of all construction and furnish the Engineer, as the Work progresses, with certificates (including copies of survey notes and grade sheets) that each of the said levels is as required by the Contract Drawings. Upon project completion, the Contractor shall submit the complete as-built survey to the Engineer, in MicroStation digital format, in accordance with MDOT MPA CADD Standards.

B. All layout and survey work shall be tied into the established Administration grid system. The horizontal control shall be referenced to the appropriate datum for the facility. Vertical control shall be referenced to the Baltimore City datum.

C. Where calculation of pay quantities requires measurement of lines, grades, elevations or surface areas, the Engineer will require that such items be measured and such quantities be calculated by an approved Maryland Registered Land Surveyor employed by the Contractor at the Contractor’s expense. The survey notes, grade sheets and calculations shall be furnished to the Engineer upon request and shall be in a form approved by the Engineer.

SP-17 CONTRACTOR’S ACCESS

A. The Contractor is hereby notified that, due to increased security measures, the Contractor, its employees, agents, representatives, and subcontractors shall be required to comply with Administration security procedures that will be given to the Contractor at the preconstruction meeting. The Contractor, his subcontractors and suppliers shall strictly follow these procedures. Any failure by the Contractor, its employees, agents, representatives, or subcontractors to follow or comply with such procedures may be considered a material breach of the terms and conditions of this Contract. No additional cost to incorporate security measures may be claimed by the Contractor.

B. Contractor's access to work area at Dundalk Marine Terminal shall be from Broening

Highway via the personally owned vehicle (POV) gate at the Dundalk Marine Terminal. Contractor’s access to work area at South Locust Point Marine Terminal shall be at the POV gate at South Locust Point. Contractor’s Access to work areas at all other port facilities will be via each facilities main entrance.

C. Passes or stickers are required to be displayed on all vehicles on Administration

Property. The Contractor and his employees shall park company and personal vehicles within the areas designated by the Engineer. Personal vehicles may be required to be parked at a remote site from the Work area.

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D. Staging Area:

1. The Contractor will be provided with a staging area for his equipment. The location of staging area will be determined prior to each mobilization.

2. The Maryland Port Administration may require the Contractor to chain link fence the perimeter of his/her and/or his/her subcontractors staging area and to properly install approved visual barrier (such as geotextile fabric). The Contractor shall be responsible for security and maintenance of his staging area at all times. All costs incurred thereby shall be considered incidental to work under this contract.

3. It is intended that equipment and materials needed for the construction will be stored in the designated Contractor's staging area. Equipment and materials necessary at the work site(s) may be transported to those site(s) only as necessary to meet the approved schedules.

4. During the course of this contract the Contractor shall maintain all access and haul roads and his/her staging and work areas in a clean and usable condition acceptable to the Engineer.

5. All areas used for storage of equipment or material shall be restored to their original condition immediately upon completion of each “Task” or “Sub-Task”, as required by the Engineer. No additional compensation shall be provided for pavement repair, regrading, placement of topsoil, seeding and mulching in these areas, or for any restoration activity required by and to the satisfaction of the Engineer.

E. Time Restrictions:

1. Normally all work under this Contract is required to be performed during daytime hours, such hours shall be construed to be from 7:00 a.m. of the day of the week specified until 3:30 p.m., Monday through Friday.

2. When work involving closing of buildings, roadways, or parking entrances and exits is required the Contractor may be directed to work nights between the hours of 5:00 p.m. and 6:00 a.m. or weekend hours. In those instances all work shall be completed, including all cleanup, installation/removal of temporary safety measures and completion of requirements set forth by the Engineer, to allow for opening at the agreed upon date and time. No additional compensation shall be made for work performed on nights or weekends.

3. The time and duration of work for each repair area (Work Order/Subtask) will be as established at each pre-construction conference.

4. Some of the work performed under this Contract will be in areas that are considered critical to the operation of the terminals. Therefore, the length of time that the Contractor will be allowed to perform the work in the critical areas shall be reduced to the minimum practical time. As such, no compensation beyond the unit prices bid will be made to the Contractor for time restrictions imposed on him/her by the Engineer.

5. The Contractor is required to make any, and all requests for an exception to the “Time Restrictions” provision at pre-construction conferences, or in sufficient time to permit the Engineer to make a decision in the matter and reply. The Engineer’s decisions are final and binding.

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F. The Contractor shall comply with POV registration requirements as implemented by MDTA Police.

G. For more information see SP-32 Terminal Access Credentials.

SP-18 SITE INSPECTION

No site inspections are designated for this Contract.

SP-19 PERMITS

A. The Maryland Port Administration shall obtain any required permits for sediment and erosion control and for stormwater management from Maryland Department of the Environment. The Contractor shall be responsible for preparing and submitting any amendments to the approved sediment and erosion control plan which may become necessary due to Contractor’s [or it’s] operations.

SP-20 HEALTH, SAFETY AND ENVIRONMENTAL REQUIREMENTS

A.

A. Health and Safety Program (HASP)

Providing a safe and healthful workplace for all personnel working on or near the worksite is the responsibility of the Contractor. The Safety and Health Program shall require adherence to all applicable local, state, and federal regulations (see Attachment I Environmental Handbook). The following sections are mandatory, which are intended to be a minimum requirement and may need to be supplemented depending upon the circumstances of the project. It is the Contractor’s responsibility to fully evaluate the project and anticipate additional safety and health requirements.

The Contractor shall provide documentation of its HASP, at a minimum as described below. It is the responsibility of the Contractor to ensure that all subcontractors health and safety programs meet these minimum requirements. Such programs must be acceptable to the Administration. Health and Safety documentation shall be submitted to the Engineer within 14 days of written Notice of Award. Contractor shall submit the Site-Specific HASP electronically or provide a disc if the file is larger than 7.5MB.

i. Applicable Regulations: The Contractor shall comply with all federal, state, or local standards, regulations, or laws.

ii. Qualifications: Only trained, competent, certified, or licensed personnel shall operate or service equipment mobile/heavy equipment including but not limited to earth moving equipment, aerial lifts, mobile cranes, overhead cranes, powered industrial trucks, etc.

iii. Contractor’s HASP: The Contractor shall maintain a written HASP for its employees that is acceptable to the Administration and shall require that its

S-15 subcontractors do the same. At a minimum, the safety and health program shall include the following elements:

a. General Requirements: The Contractor shall ensure the OSHA poster, OSHA 300 Log and other required government documentation is posted.

Potable water and adequate bathroom facilities shall be provided.

b. Responsibilities of Project Personnel: The responsibilities of the Contractor’s project manager, first line supervisors, superintendents, safety persons, and others shall be defined.

c. Accident Investigations: All accidents shall be investigated within 24 hours after the accident. A report describing what happened, witnesses, causes, and corrective actions shall be completed and maintained at the job site. Copies of accident investigations must be submitted to the Administration within 48 hours of an accident.

d. Housekeeping and Safety Inspection Program: The Contractor is required to maintain proper housekeeping and perform periodic inspections, and take appropriate corrective actions.

e. Safety Meetings: Periodic safety meetings shall be conducted by the

Contractor. A written record of the meeting date, attendees, topics, and corrective actions shall be maintained.

f. Safety Training: All Contractor and subcontractor employees shall be trained as required by specific programs and for the type of work being performed on the job site. This may include forklift training, hazard awareness, electrical safety, personal protective equipment (PPE), etc.

Records of all training shall be maintained on site and available upon request.

g. First Aid: The HASP must identify the location of the first aid kit and the

Contractor must ensure that qualified personnel responsible for administering first aid are onsite during working hours.

h. Emergency Procedures/Response: An emergency is defined as fire, medical, or environmental. A description of emergency response procedures shall be included in the HASP. A list of MPA and contractor emergency phone numbers shall be included and posted at the work site. In the case of medical emergency DO NOT delay medical attention, call 911 first and then call MdTA Police (410.537.7911). For all other emergencies call the MdTA Police.

i. PPE: The Contractor shall have a personal protective equipment program that establishes PPE requirements suited for the job site and ensures that

S-16 employees are properly trained in its use. A Job Hazard Analysis shall be completed for the work to be performed to determine the appropriate level of PPE for the job. At a minimum, each worker will be required to wear head, eye, foot protection, and high visibility clothing. All PPE shall comply with the appropriate ANSI standards. Special provisions and written programs may be necessary for noise, fall and respiratory protection.

j. Hazard Communication: The Contractor shall maintain a written Hazard

Communication program, a chemical inventory list of all hazardous materials used on the worksite, and copies of the Safety Data Sheets (SDS).

k. Heat Illness Prevention and Management Program: The Contractor shall protect their employees from the hazards of hot working environments and have a program that establishes procedures and provides information necessary to educate employees in the recognition and prevention of heat-related illness and to ensure their own safety and the safety of others. Such plan shall comply or exceed with the Maryland Occupational Safety and Health (MOSH) heat stress standard, Code of Maryland Regulations

09.12.32. NOTE: MOSH’s heat stress standard applies to all indoor or outdoor workplaces where there is employee exposure to a heat index at or above 80˚F.

NOTE: Dependent on the work being performed, additional health and safety programs/policies/procedures may be required. Examples of such programs include but are not limited to the following:

• 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 submitted with the HASP. Prior to the start of any hot work, the Contractor shall acquire a Hot Work Permit from the Administration.

• 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.

• Excavation Program: The Contractor shall provide a copy of its written excavation procedures and the name of its competent person.

• Confined Space Program: The following areas are considered permit required confined spaced within MPA terminals: electrical manholes/vaults; dry sanitary ejector pits; submersible pump ejector pits/sewage holding tanks; water valve vaults; communication vaults that contain electrical lines; storm drains; storm drain outfalls; and shore power pits. In addition, the following areas are considered permit required confined spaced within the WTC: manholes and

S-17 basement sump pits. If entry into a confined space is necessary, the contractor is required to have a written Confined Space Program that must be included in the submission of this Health and Safety Plan.

B. Asbestos

Asbestos containing material (ACM) may be present within the MPA terminals and the WTC. If the work under the Contract requires disturbance of ACM, it will be further described in Technical Specifications and/or on Contract Drawings. The Administration maintains an Asbestos Management Plan that details location, condition, and analytical results. The Administration performs annual surveillance of the identified areas. The Contractor shall notify the Administration during the course of the Work, if any evidence of suspect ACM is observed that was not previously identified.

Construction materials and related components used in the Work shall not contain ACM as defined as less than 1% asbestos. Some products currently manufactured and available on the market contain asbestos. Therefore, the Contractor shall confirm that all products used in the work is considered non-ACM by providing analytical results to the Administration.

C. Crystalline Silica Respirable crystalline silica is generated by operations such as drilling, cutting, crushing, or grinding and milling of silica containing materials such as concrete, stone, and asphalt.

When engaged in these types of activities, the Contractor shall provide engineering (such as water or ventilation) and work practice controls to limit worker exposure to or below the PEL for respirable crystalline silica, 50 micrograms per cubic meter of air, averaged over an 8-hour shift. The Contractor shall have a written exposure plan that identifies tasks that involve exposure to crystalline silica and methods used to protect workers, including procedures to restrict access to work areas where high exposures may occur. The Contractor shall also provide medical exams to monitor highly exposed workers; train employees on silica risks and ways to limit their exposure; restrict housekeeping practices that expose workers to silica where feasible alternatives are available; and keep records of workers’ silica exposure and medical exams. The Contractor shall designate and provide a trained and competent person on site when respirable crystalline silica generating tasks are being performed. The competent person shall implement and oversee the program and shall also be identified in the program.

D. Lead-Containing Coatings

Lead-based paint (LBP) and lead-containing industrial coatings may be present within MPA terminals and the WTC. Many facilities were constructed prior to 1978 and may contain lead in architectural or industrial coatings. Unless the Administration provides documented analytical testing confirming the absence of lead, the Contractor shall assume painted surfaces and coatings to be disturbed to contain lead and shall plan and execute work accordingly.

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When engaged in activities that may disturb lead-containing materials - including abrasive blasting, cutting, welding, grinding, surface preparation, or demolition — the Contractor shall comply with OSHA 29 CFR 1926.62, OSHA 29 CFR 1910.1025, COMAR requirements, and all applicable Federal, State, and local regulations. The Contractor shall implement engineering and work practice controls to maintain exposures at or below the permissible exposure limit (PEL) for lead. The Contractor shall have a written Lead Compliance Program that identifies tasks involving potential lead exposure and methods used to protect workers. The program shall include exposure assessment and air monitoring, regulated areas where required, respiratory protection, PPE, hygiene facilities, medical surveillance where applicable, employee training, housekeeping controls, and proper waste handling and disposal.

The Contractor shall designate a trained and competent person on site when lead-disturbing activities are performed to implement and oversee the program.

Documentation related to exposure monitoring, training, and medical surveillance shall be maintained and provided to the Administration upon request.

E. Additional Health, Safety and Environmental Requirements

Additional Health, Safety and Environmental requirements may be necessary as specified in the Technical Specifications, Contract Drawings, and/or State and Federal Regulations.

SP-21 ADDED OR CHANGED WORK

A. The Contractor shall submit, for each added or changed Work to be performed in accordance with GP-4.06 of the General Provisions, a price proposal which shall include detailed material, equipment and labor costs with quantities and unit prices for each item. For any Work to be performed by a subcontractor, the Contractor shall submit the detailed price proposal including material, equipment and labor prepared by the subcontractor on their letter head. Overhead and profit shall be added as specified in GP-4.07 of the General Provisions.

SP-22 VALUE ENGINEERING

A. No Value Engineering is designated for this Contract.

SP-23 SUBCONTRACTORS - PROMPT PAYMENT

A. This Contract is subject to the provisions of COMAR 21.10.08. The Contractor shall promptly pay a subcontractor any undisputed amount to which the subcontractor is entitled for Work under a State procurement contract for construction within 10 days of receiving a progress or final payment from the State. In the event the Contractor fails to pay promptly, subcontractors may request remedy in accordance with COMAR

21.10.08. In each subcontract under this Contract, the Contractor shall include a clause that contains substantially the same provisions as this clause.

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SP-24 INSURANCE REQUIREMENTS

The requiring of any and all insurance as set forth in these…