MARYLAND TRANSPORTATION AUTHORITY … · amendment will be issued by MDTA and posted on eMaryland Marketplace. ... GP-2.06 PREPARATION OF THE BID ... SECTION 104.08 – TEMPORARY

MARYLAND TRANSPORTATION AUTHORITY Baltimore, Maryland

Invitation for Bids

JOHN F. KENNEDY MEMORIAL HIGHWAY

FACILITY

Contract No. KH 2602-000-006

BRIDGE DECK SEALING OF VARIOUS BRIDGES ON

I-95 (JOHN F. KENNEDY MEMORIAL HIGHWAY)

Harford and Cecil Counties

APRIL 2012

INTENTIONALLY LEFT BLANK

Maryland Transportation Authority

BRIDGE DECK SEALING, VARIOUS BRIDGES


A

NOTICE TO BIDDERS/OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement as defined in COMAR 21.11.01.06, for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are registered with the Department of General Services Small Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

It is independently owned and operated;

It is not a subsidiary of another business;

It is not dominant in its field of operation;

Its wholesale operations did not employ more than 50 persons, and its gross sales did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;

Its retail operations did not employ more than 25 persons, and its gross sales did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;

Its manufacturing operations did not employ more than 100 persons, and its gross sales did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;

Its service operations did not employ more than 100 persons, and its gross sales did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;

Its construction operations did not employ more than 50 persons, and its gross sales did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and

The architectural and engineering services of the business did not employ more than 100 persons and the gross sales of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.

* If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at www.dgs.state.md.us and click on the Small Business Reserve hyperlink.

Updated September /2010




B

NOTICE TO BIDDERS/OFFERORS Please review the checklist prior to submitting your bid on this Contract.

• When submitting your completed bid, do not separate the book. Submit the whole book including all addenda acknowledgment pages. • Make sure that all addenda letters are attached outside of the front cover of the bid book. • If the addendum has revised the Schedule of Prices, make sure that you have included the revised pages in your bid. Your price should reflect any and all changes. • Prices must be written numerically and in words, unless approved substitute forms are used (Refer to GP-2.06). Don’t leave any items blank. • When tabulating your final price, make sure all your calculations are correct.

• There are no Minority Business Enterprise (MBE) requirements for this project.

• The Bid/Proposal Affidavit must be completely filled out and signed by all the parties as indicated. • If Escrow is being offered in a contract, the contractor must indicate whether or not

it wishes to utilize an Escrow Account for Retained Funds on the provided form.

• A bid bond must accompany all bids of One Hundred Thousand Dollars ($100,000.00) or more. The bid bond document must be completely filled out and have an original Power of Attorney form attached. • If the document is too large for the envelope that we have provided, you can place the document in another form of packaging that can be sealed and submitted. If the document is too large for the bid box, you should alert the receptionist. • Make sure that your company’s name, address, the Contract number and the bid date appears on the front of the packaging. • When submitting bid packages via US Mail, Federal Express, DHL, UPS or any other delivery service it is your responsibility to make sure that the bid reaches the bid box before the time deadline. It may be in your best interest to send the package 24 hours in advance of the deadline. Also, when sending packages this way, make sure that the

labeling specifies that it is a bid submission.

Updated September /2010




C

EMaryland Marketplace

Prospective Bidders who have received this document from a source other than eMaryland

Marketplace (www.emarylandmarketplace.com) (eMM) or from the Procurement Officer should immediately register on eMaryland Marketplace so that any changes or additional materials related to this IFB can be sent to them

In the event it becomes necessary to revise any part of the IFB, or if any additional

information is required to enable potential offers to interpret the provisions of the IFB, an amendment will be issued by MDTA and posted on eMaryland Marketplace. PROSPECTIVE BIDDERS SHOULD REVIEW EMARYLAND MARKETPLACE PERIODICALLY TO DETERMINE WHETHER OR NOT MDTA HAS ISSUED AN AMENDMENT TO THIS IFB. MDTA is not responsible for notifying Bidders of amendments to this IFB other than by posting amendments on eMaryland Marketplace.

In order to receive a contract award, a vendor must be registered on eMM. To register, go to the eMM website at www.eMarylandMarketplace.com.




D





I

TABLE OF CONTENTS NOTICE TO BIDDERS/OFFERORS SMALL BUSINESS RESERVE PROCUREMENT................................... A

NOTICE TO BIDDERS/OFFERORS ............................................................................................................................B

EMARYLAND MARKETPLACE ................................................................................................................................ C

TABLE OF CONTENTS ..................................................................................................................................................I

INVITATION FOR BIDS ................................................................................................................................................. 1

CONTRACT PROVISIONS............................................................................................................................................ 3

NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP) REPORT 350 IMPLEMENTATION SCHEDULE FOR DEVICES USED IN THE MAINTENANCE OF TRAFFIC ................ 3

OCCUPYING WETLANDS............................................................................................................................................ 5

HIGH VISIBILITY SAFETY APPAREL POLICY ...................................................................................................... 6

NOTICE TO CONTRACTOR........................................................................................................................................ 8

APPRENTICESHIP TRAINING FUND........................................................................................................................ 9

MANUAL ON UNIFORM TRAFFIC CONTROL ..................................................................................................... 14

SP 1-1 PROJECT DESCRIPTION................................................................................................................................ 15 SP 1-2 SPECIFICATIONS............................................................................................................................................. 17 SP 1-3 ORIGINAL FACILITY PLANS AND SITE VISITS....................................................................................... 17 SP 1-4 PROMPT PAYMENT TO SUBCONTRACTORS .......................................................................................... 17 SP 1-5 WORK HOURS................................................................................................................................................... 18 SP 1-6 INSURANCE....................................................................................................................................................... 18 SP 1-7 MINORITY BUSINESS ENTERPRISE REGULATIONS ............................................................................. 20 SP 1-8 PROGRESS SCHEDULE REQUIREMENTS................................................................................................. 21 SP 1-9 CORPORATE REGISTRATION ..................................................................................................................... 21 SP 1-10 CONTRACTOR’S EMPLOYEE IDENTIFICATION.................................................................................. 21 SP 1-11 PROGRESS PHOTOGRAPHS ....................................................................................................................... 22 SP 1-12 ACCESS TO PROJECT SITE ......................................................................................................................... 22 SP 1-13 BIDDERS LIST................................................................................................................................................. 22

GENERAL PROVISIONS............................................................................................................................................. 24

GP-1.03 ORGANIZATIONAL DEFINITIONS .......................................................................................................... 24 GP-1.05 DEFINITIONS.................................................................................................................................................. 25 GP-2.04 SITE INVESTIGATION ................................................................................................................................ 26 GP-2.06 PREPARATION OF THE BID ...................................................................................................................... 27 GP-2.23 BID PROTESTS.............................................................................................................................................. 29 GP-4.10 WARRANTY OF CONSTRUCTION ........................................................................................................... 30 GP-5.06 COOPERATION BETWEEN CONTRACTORS ........................................................................................ 31 GP-5.12 FAILURE TO MAINTAIN ENTIRE PROJECT ......................................................................................... 33 GP-7.05 CONSTRUCTION SAFETY AND HEALTH STANDARDS ...................................................................... 34 GP-8.01 SUBCONTRACTING..................................................................................................................................... 42 GP-8.09 LIQUIDATED DAMAGES............................................................................................................................ 43 GP-9.01 SCOPE OF PAYMENT .................................................................................................................................. 44




II

TERMS AND CONDITIONS........................................................................................................................................ 46

TC-4.01 WORKING DRAWINGS............................................................................................................................... 46 TC-4.02 FAILURE TO MAINTAIN PROJECT ......................................................................................................... 54 TC-5.01 INSURANCE................................................................................................................................................... 55 TC-6.14 RESTRICTIONS FOR PLACING AND USING EQUIPMENT ON STRUCTURES, OR STORING

MATERIALS ON/OR AGAINST STRUCTURES...................................................................................................... 56 TC-7.05 PROGRESS PAYMENTS............................................................................................................................... 57 TC-7.07 LATE PAYMENTS......................................................................................................................................... 59

SECTION 104 – MAINTENANCE OF TRAFFIC...................................................................................................... 60

SECTION 104 – MAINTENANCE OF TRAFFIC...................................................................................................... 61

SECTION 104.01 – TRAFFIC CONTROL PLAN (TCP) .......................................................................................... 61

SECTION 104.02 –MAINTENANCE OF TRAFFIC.................................................................................................. 67

SECTION 104.07 –ARROW PANEL (AP). ................................................................................................................. 68

SECTION 104.08 – TEMPORARY TRAFFIC SIGNS (TTS).................................................................................... 70

SECTION 104.11–TEMPORARY PAVEMENT MARKINGS. ................................................................................ 71

SECTION 104.12 – DRUMS FOR MAINTENANCE OF TRAFFIC........................................................................ 74

SECTION 104.14 – CONES FOR MAINTENANCE OF TRAFFIC......................................................................... 75

SECTION 104.21 – CELLULAR TELEPHONES ...................................................................................................... 76

SECTION 104.31-ACCESSIBLE PEDESTRIAN MAINTENANCE OF TRAFFIC............................................... 77

SECTION 113 – DIGITAL CAMERA ......................................................................................................................... 79

SECTION 400.01 – CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM..................................... 81

SECTION 400.02 – ADDITIONAL REPAIRS............................................................................................................ 84

SECTION 499 – WORKING DRAWINGS ................................................................................................................. 85

SECTION 557 – SNOWPLOWABLE RAISED PAVEMENT MARKERS ............................................................. 86

SECTION 559 — PERMANENT PREFORMED PATTERNED REFLECTIVE PAVEMENT MARKINGS.... 89

SECTION 565 — REMOVAL OF EXISTING PAVEMENT MARKINGS............................................................. 92

SECTION 831 – MISS UTILITIES .............................................................................................................................. 94

SECTION 875 – UTILITIES STATEMENT............................................................................................................... 97

SECTION 950 – TRAFFIC MATERIALS ................................................................................................................ 100

SECTION 951 — PAVEMENT MARKING MATERIALS .................................................................................... 101




III

WAGE RATES ............................................................................................................................................................. 109

CONTRACTOR AFFIRMATIVE ACTION PROGRAM ....................................................................................... 116

AFFIRMATIVE ACTION REQUIREMENTS UTILIZATION OF MINORITY BUSINESS ENTERPRISES FOR STRAIGHT STATE CONTRACTS.................................................................................................................. 133

SCHEDULE OF PRICES ............................................................................................................................................ 143

CONTRACT TIME AND BONDING ........................................................................................................................ 151

BUY AMERICAN STEEL ACT ................................................................................................................................. 152

FOR INFORMATIONAL PURPOSES ONLY ......................................................................................................... 155

DUAL CERTIFICATION PROCUREMENT INFORMATION ............................................................................ 155

BID/PROPOSAL AFFIDAVIT ................................................................................................................................... 156

PROPOSAL GUARANTY .......................................................................................................................................... 161

BID GUARANTEE....................................................................................................................................................... 162

BID BOND .................................................................................................................................................................... 164

EXPERIENCE QUESTIONNAIRE ........................................................................................................................... 167




IV


1

MARYLAND TRANSPORTATION AUTHORITY Baltimore, Maryland

Invitation for Bids

JOHN F. KENNEDY MEMORIAL HIGHWAY FACILITY


BRIDGE DECK SEALING OF VARIOUS BRIDGES ON I-95 (JOHN F. KENNEDY MEMORIAL HIGHWAY)

Harford and Cecil Counties

APRIL 2012

NOTICE TO BIDDERS A “Pre-Bidding Session” for the purpose of answering or obtaining answers to questions of parties interested in constructing the work will be conducted at 10:00 am on May 9, 2012 in the Conference Room at the Maryland Transportation Authority I-95 Express Toll Lanes Project Office, 8019 Corporate Drive, Suite F, White Marsh, MD 21236. While attendance at the Pre-Bid conference is not mandatory, this is the bidders/offeror’s opportunity to raise questions and/or issues of concern regarding the Project. This is a Small Business Reserve Procurement.

BRIDGE DECK SEALING,

VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. KH 2602-000-006 (NCHRP) REPORT 350 IMPLEMENTATION SCHEDULE

3 08-04-09

1 of 2 CONTRACT PROVISIONS

NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP) REPORT 350

IMPLEMENTATION SCHEDULE FOR DEVICES USED IN THE MAINTENANCE OF TRAFFIC

Except as otherwise specified in this Section, all items for the maintenance of traffic, including those listed under the following categories, shall be crashworthy in conformance with Level 3 or other Level as specified by the Engineer in conformance with the safety crash testing and performance criteria published in the National Cooperative Highway Research Program (NCHRP) Report 350, “Recommended Procedures for the Safety Performance Evaluation of Highway Features.” When conformance with NCHRP Report 350 is required, the Contractor shall provide the Engineer with the manufacturers’ certifications that the devices comply with the specified criteria. Unless specifically waived by an attachment to these Contract Provisions, devices must be approved by the Office of Traffic and Safety. Category 1 Devices These devices are cones, tubular markers, flexible delineator posts, and drums, all without any accessories or attachments, which are used for channelization and delineation. Category 2 Devices These devices are Type I, II, and III barricades; portable sign supports with signs; intrusion alarms; and drums, vertical panels, and cones, all with accessories or attachments. Category 3 Devices (a) Truck Mounted Attenuators (TMAs) and Trailer Truck Mounted Attenuators (TTMAs). (b) Temporary Barrier. (1) Concrete Barrier. (2) Traffic Barrier W Beam and Water Filled Barrier. (3) Steel/Aluminum Barrier. (c) Temporary End Treatments. Category 4 Devices These devices are area lighting supports, arrow panels, and portable variable message signs that are usually portable or trailer-mounted.


VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. KH 2602-000-006 (NCHRP) REPORT 350 IMPLEMENTATION SCHEDULE

4 08/04/09

2 of 2

WORK ZONE DEVICES IMPLEMENTATION SCHEDULE TO CONFORM TO NCHRP REPORT 350 CRITERIA

CATEGORY 1 Cones, tubular markers, flexible delineator posts, and drums (all without any accessories or attachments)

All devices shall conform to NCHRP Report 350 criteria.

CATEGORY 2 Type I, II, and III barricades; portable signs supports with signs; intrusion alarms; and drums, vertical panels, and cones (all with accessories or attachments)


CATEGORY 3 (a) Truck Mounted Attenuators (TMAs); Trailer Truck Mounted Attenuators (TTMAs) (b) Temporary Barriers

(1) Concrete Barrier (2) Traffic Barrier W Beam and Water Filled Barrier

(3) Steel/Aluminum Barrier

(c) Temporary End Treatments


CATEGORY 4 Portable trailer mounted devices including area lighting supports, arrow panels, and changeable message signs

The Contractor may use devices that do not conform to NCHRP Report 350 criteria, until compliance dates are established. Use of these devices shall comply with the provisions of Part 6 of the MUTCD.


VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. KH 2602-000-006 OCCUPYING WETLANDS

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1 of 1 OCCUPYING WETLANDS

The Contractor is hereby alerted to the importance of preserving wetland areas. The Administration, in conjunction with the various environmental agencies, has developed these Contract Documents so as to minimize or eliminate disturbance and damage to existing wetland areas. In order to accomplish this, the following must be rigidly adhered to: (a) Prior to performing any work on the project, the areas of wetland will be identified and marked as

directed by the Administration. All personnel of the Contractor or sub-contractors shall be alerted to these designated areas.

(b) The Contractor or sub-contractors shall not impact any wetland or waterway, whether it be

permanently or temporarily unless otherwise stipulated in the permit application and approved as an authorized action by the appropriate regulatory agency. No fill shall be placed in these areas without a permit.

(c) If a Contractor or sub-contractor has to impact a wetland or waterway that is not covered by an

existing wetland permit, they shall immediately notify the Engineer. The Engineer will notify the Environmental Programs Division to determine the extent of any permit modification. At that time the Environmental Programs Division will request a permit modification or submit a permit application.

(d) If the Contractor impacts any wetland or waterway for which they do not have a wetland permit,

they shall be responsible for restoring the wetland areas and possibly mitigating the wetland impacts to the full satisfaction of the environmental agencies, which could include monetary compensation.

(e) The cost of restoration and mitigation of the impacted areas shall be at no additional cost to the

Administration. The importance of not abusing the wetland areas cannot be overemphasized. Abuse of wetland areas could jeopardize the operation of the total Contract and could be cause for a shut-down. If a shut-down occurs because of the Contractor's failure to secure the required permits (i.e. the Contractor’s method of work includes impacts not approved by previously acquired permits), the Contractor’s negligence or operations, all costs and damages to the Contractor and to the State will be at no additional cost to the Administration. Noncompliance with these requirements will not be considered for an extension of Contract time.


VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. KH 2602-000-006 HIGH VISIBILITY SAFETY APPAREL POLICY

6 10/31/08

1 of 2 NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

HIGH VISIBILITY SAFETY APPAREL POLICY BACKGROUND. Research indicates that high visibility garments have a significant impact on the safety of employees who work on highways and rights-of-way. In addition, high visibility garments may help to prevent injuries and accidents and to make highway workers more visible to the motoring public, which ultimately improves traffic safety. STATEMENT OF POLICY.

(a) The High Visibility Safety Apparel Policy provides a standardized apparel program. (b) The program seeks to improve the visibility of all persons who work on Administration

highways and rights-of-way. (c) All apparel shall contain the appropriate class identification label. (d) Compliance with this policy is retroactive and becomes effective immediately. All affected

employees shall receive high visibility apparel awareness training. APPLICABILITY. This policy applies to all Administration employees and all other persons who work on Administration highways and rights-of-way. All workers shall wear, at a minimum, Class 2 ANSI/ISEA 107/2004 apparel.

(a) For Administration employees, this apparel shall have a fluorescent yellow-green background material color and be the outermost garment worn.

(b) Retro-reflective material color for Administration employee apparel shall be silver or white

and be visible at a minimum distance of 1,000 feet. The retro-reflective safety apparel shall be designed to clearly recognize and differentiate the wearer from the surrounding work environment. The retro-reflective material may be contrasted by fluorescent orange background material not exceeding one and one half inches on either side of the retro-reflective material.

(c) For non-Administration employees, this apparel shall be either fluorescent orange-red or

fluorescent yellow-green background material color and be the outermost garment worn. (d) Retro-reflective material color for non-Administration employee apparel shall either be

orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors, and be visible at a minimum distance of 1,000 feet. The retro-reflective safety apparel shall be designed to clearly recognize and differentiate the wearer from the surrounding work environment.


VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. KH 2602-000-006 HIGH VISIBILITY SAFETY APPAREL POLICY

7 10/31/08

2 of 2 REFERENCES.

(a) ANSI/ISEA 107/2004 standard – American National Safety Institute/International Safety Equipment Association

(b) MUTCD 2003 – Manual for Uniform Traffic Control Devices - Sections 6D.03B and 6E.02 (c) Visibility Research – The VCTR 1989 report concludes that fluorescent colors, when

compared with non-fluorescent colors, enhance the daytime conspicuity of worker clothing. DEFINITIONS.

(a) Apparel – The outermost high-visibility garment worn by employees who work on Administration highways and rights-of-way.

(b) Highways – All roads owned by the Maryland Department of Transportation and maintained

by the Administration. (c) High Visibility – The ability for workers to be distinguishable as human forms to be seen, day

and night, at distances that allow equipment operators and motorists to see, recognize, and respond.


VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. KH 2602-000-006 NOTICE TO CONTRACTOR

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NOTICE TO CONTRACTOR

EARLY SUBMISSIONS. The last sentence of the first paragraph of TC-5.02, “No work shall be started before receipt of the Notice to Proceed” shall not apply to the following: After notification to the Contractor from the Administration that the Contractor is the apparent low bidder, the Contractor will be permitted to provide a written request to the Engineer to submit documentation for materials sources and working drawings for any items of work that have a long lead time and could jeopardize the project schedule. Upon written approval from the Engineer the Contractor may submit the applicable documentation to the Engineer. Should the Contract not be awarded to the apparent low bidder who meets the requirements of the Contract, GP-8.10 will apply for all costs accrued for the preparation and approval of the working drawings and any resultant material purchase approved by the District Engineer and steel fabricated in conformance with the approved working drawings between the date the Contractor received notice of apparent low bidder and the date of notice that the apparent low bidder will not be awarded this Contract. Should this Contract not be awarded to the apparent low bidder due to failure of the Contractor to comply with all award and execution requirements, all costs accrued for the preparation of the specific items and any resultant material purchased and steel fabrication shall be borne by the Contractor. Failure of the Contractor to submit the early submissions will not be basis for delaying issuance of the Notice to Proceed or be considered a reason for a time extension.


VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. KH 2602-000-006 APPRENTICESHIP TRAINING FUND

9

1 of 5 CONTRACT PROVISIONS

APPRENTICESHIP TRAINING FUND Effective October 1, 2009, State Law requires all contractors and subcontractors working on State prevailing wage projects with prevailing wage determinations to register (Apprenticeship Training Fund Site) with the Division of Labor and Industry Prevailing Wage Unit prior to the commencement of work and to make certain contributions toward improving and expanding apprenticeship programs in the State. In addition, registered apprenticeship programs and organizations that have registered apprenticeship programs that have been selected by contractors and subcontractors for contributions also are required to register with the Division of Labor and Industry Prevailing Wage Unit.

The following information concerning the requirements of the apprenticeship training fund program are being provided for informational purposes only. It is the Contractor’s responsibility to contact the Maryland Department of Labor, Licensing and Regulation (DLLR), prior to commencement of any work, to determine how these provisions are being implemented and enforced by DLLR. Definitions. The following terms have the meanings indicated.

(a) Terms Defined. (1) “Approved apprenticeship program” means an apprenticeship program or an organization

with an apprenticeship program which has been registered with, and approved by, the Maryland Apprenticeship and Training Council or the United States Department of Labor.

(2) “Commissioner” means the Commissioner of Labor and Industry. (3) “Covered craft” means a classification of workers listed in the prevailing wage

determination applicable to a prevailing wage project. (4) “Fund” means the State Apprenticeship Training Fund. (5) “Monthly Certified Verification Report” means the monthly report that details contractor

and subcontractor contributions for that month available on the Division of Labor and Industry’s website.

(6) “Public body” means a unit of State government as defined in § 17-201(l), State Finance

and Procurement Article, Annotated Code of Maryland. (7) “Unit” means the Division of Labor and Industry, Prevailing Wage Unit and the public

body that awarded the procurement contract.



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2 of 5 (8) “Yearly Certified Verification Report” means the yearly report that details contractor and

subcontractor contributions for the preceding year available on the Division of Labor and Industry’s website.

Contractor/Subcontractor Registration. Contractors and subcontractors awarded a procurement contract on a public work contract subject to the Maryland Prevailing Wage Law shall register on the Division of Labor and Industry’s website at www.dllr.state.md.us/labor prior to the commencement of work. Contractor/Subcontractor Project Management. Upon registration under Contractor/Subcontractor Registration of this Chapter, contractors and subcontractors are required to provide information to the Division of Labor and Industry on its website at www.dllr.state.md.us/labor about each public work contract including the following:

(a) The prevailing wage project number for each prevailing wage project the contractor or

subcontractor is performing work on; and (b) The contract value for each prevailing wage project the contractor or subcontractor is

performing work on.

Contractor/Subcontractor Notification to Subcontractors. Contractors and subcontractors who hire subcontractors on a public work contract subject to the Maryland Prevailing Wage Law shall provide all subcontractors with written notice of the following requirements:

(a) Subcontractors are required to register on the Division of Labor and Industry’s website at

www.dllr.state.md.us/labor prior to the commencement of work; (b) After registration, subcontractors are required to enter certain information about each

prevailing wage project on the Division of Labor and Industry’s website; and (c) Subcontractors performing work on a prevailing wage project valued at $100,000 or more are

required to make payments to approved apprenticeship programs or to the Fund for workers in classifications listed on the prevailing wage determination, or both.

Contractors and subcontractors shall retain a copy of the written notice required in §A of COMAR 09.12.43.03A that was provided to all subcontractors for inspection and review by the Commissioner for three years.

Contributions to the Fund. Currently not being enforced

Contributions to Approved Apprenticeship Programs. Currently not being enforced



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3 of 5 Contractor/Subcontractor Obligations Relating to Approved Apprenticeship Program.

(a) Contractors and subcontractors are required to complete and to file on the Division of Labor and Industry’s website at www.dllr.state.md.us/labor the Monthly Certified Verification Report which shall include the following: (1) A list of the contributions to each approved apprenticeship program during the last month; (2) A statement signed by the contractor or subcontractor that the information is correct and

that the contractor or subcontractor has complied with the requirements of Subtitle 6, Title 17, State Finance and Procurement Article, Annotated Code of Maryland.

(b) Contractors and subcontractors are required to submit the Monthly Certified Verification

Report by the 30th calendar day of each month for the previous month.

(c) Contractors and subcontractors are required to complete and to file on the Division of Labor and Industry’s website at www.dllr.state.md.us/labor the Yearly Certified Verification Report which shall include the following: (1) A summary of monthly contributions with total annual contributions; and (2) A statement signed by the contractor or subcontractor that the information is correct and

that the contractor or subcontractor has complied with the requirements of Subtitle 6, Title 17, State Finance and Procurement Article, Annotated Code of Maryland.

(d) Contractors and subcontractors shall post a copy of their Yearly Certified Verification Report

in a prominent and easily accessible place in the workplace near where work is performed. Notification to Division of Labor of Changes to Designated Approved Apprenticeship Programs or Fund. Contractors and subcontractors shall provide the Commissioner with written notice of each approved apprenticeship program or the Fund to which it will make contributions. If a contractor or subcontractor changes their designation, it shall notify the Division of Labor and Industry 30 days prior to the change in designation. Approved Apprenticeship Program Obligations. Upon notification from the Division of Labor and Industry that the approved apprenticeship program has been designated for contributions by a contractor or subcontractor, the approved apprenticeship program shall register on the Division of Labor and Industry’s website at www.dllr.state.md.us/labor.

After registering under COMAR 09.12.43.03A of this Regulation, an approved apprenticeship program will receive a summary of contractor and subcontractor contributions from the Division of Labor and Industry on a monthly basis and shall comply with the following:



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4 of 5 (a) Review and certify that the contribution amounts are correct;

(b) Certify that all funds received are used solely for the purpose of improving or expanding apprenticeship training in the State; and

(c) File a response within 30 days of receipt of the Division of Labor and Industry’s summary.

Enforcement Procedures.

(a) The Commissioner may investigate whether Subtitle 6 of Title 17 of the State Finance and Procurement Article, Annotated Code of Maryland, has been violated: (1) On the Commissioner’s own initiative; (2) On receipt of a written complaint; or (3) On referral from another State agency.

(b) The Commissioner may require a contractor, subcontractor, or an approved apprenticeship program to produce records as part of its investigation.

(c) The Commissioner may enter a place of business to: (1) Interview individuals; or (2) Review and copy records.

(d) If after an investigation, the Commissioner determines that there is a violation of Subtitle 6,

Title 17 or a regulation adopted to carry out the title, the Commissioner shall issue a citation that shall: (1) Describe in detail the nature of the alleged violation;

(2) Cite the provision of law or regulation that is alleged to have been violated; and (3) State the penalty, if any.

(e) Within a reasonable amount of time after the issuance of the citation, the Commissioner shall

send a copy of the citation to the alleged violator by certified mail with notice of the opportunity to request a hearing.



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5 of 5

(f) Within 15 days after the alleged violator receives the citation, the employer may submit a written request for a hearing on the citation and proposed penalty.

(g) If a hearing is not requested within fifteen days, the citation, including any penalties, shall

become a final order of the Commissioner.

(h) If there is a request for a hearing, the Commissioner may delegate the hearing to the Office of Administrative Hearings in accordance with Title 10, Subtitle 2 of the State Government Article, Annotated Code of Maryland.

(i) A proposed decision of an administrative law judge shall become a final order of the Commissioner unless, within 15 days of the issuance of the proposed decision: (1) The Commissioner orders review of the proposed decision; and (2) The alleged violator submits to the Commissioner a written request for review of the

proposed decision.

(j) After review of the proposed decision under Subsection I, with or without a hearing on the record, the Commissioner shall issue an order that affirms, modifies or vacates the proposed decision.


VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. KH 2602-000-006 MUTCD REQUIREMENTS

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NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) REQUIREMENTS

On December 16, 2009 a final rule adopting the 2009 Edition of the Federal Highway

Administration’s (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) was published in the Federal Register. States must adopt the 2009 National MUTCD, or a State Manual having similar standards, as their legal State standard for traffic control devices within two years.

Notwithstanding any reference to the standards presented in the 2006 MdMUTCD, all traffic

control devices (temporary or permanent) utilized on Administration projects shall be in conformance with the requirements provided in the 2009 Edition of the FHWA’s MUTCD for Streets and Highways.


VARIOUS BRIDGES SPECIAL PROVISIONS Contract No. KH 2602-000-006

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1 of 9 SP 1-1 PROJECT DESCRIPTION CONTRACT NO.: KH 2602-000-006 TITLE: Bridge Deck Sealing of Various Bridges on I-95 FACILITY: John F. Kennedy Memorial Highway COUNTY: Harford and Cecil ADVERTISED: April 25, 2012 PRE-BID MEETING: May 9, 2012 at 10:00 a.m. in the Conference Room, at the I-95

Express Toll Lanes Project office(8019 Corporate Drive – Suite F White Marsh Baltimore, Maryland, 21236.

QUESTIONS DUE DATE: Please summit all questions in writing to, Procurement Officer: Mrs.

Lisa Dunlap via email at: [email protected] . Questions will be received until May 18, 2012 at 2:00 p.m. Oral questions will not be entertained.

PROJECT CONTACT: Project Manager: Mr. Kevin Doherty at (410) 931-0808 Contract Administration: Lisa Dunlap at (410) 537-7807 BIDS DUE: 12 Noon, June 1, 2012, in the Bid Box on the 2nd floor of the

Maryland Transportation Authority, Division of Procurement and Statutory Program Compliance Building, 303 Authority Drive, Baltimore, MD 21222 (Please use side entrance closest to Key Bridge)

CLASSIFICATION: Class - B ($5,000,001 to $10,000,000) CONTRACT TIME: 120 Calendar Days LIQUIDATED DAMAGES: $530.00 per Calendar Day MINIMUM MBE GOALS: MINIMUM MBE GOALS: 0% OVERALL AND 0% SUBGOALS -

SMALL BUSINESS RESERVE PROCUREMENT (SBR) BID DOCUMENTS: Bid documents can be downloaded from

www.emarylandmarketplace.com. Any questions regarding how to get to this website, please contact the Division of Procurement and Statutory Program Compliance at 410-537-7807.



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2 of 9 PROJECT SCOPE

The work to be performed under this contract is located on various overpass bridges crossing Interstate Route 95 in Harford and Cecil Counties. The scope of work includes sealing existing bridge decks as defined in the Contract Documents and providing for all necessary Maintenance of Traffic (MOT) for the following bridges:

1) H-X73400: Old Joppa Road over I-95 2) H-X78000: Abingdon Road over I-95 3) H-X79600: MD 136 (Calvary Road) over I-95 4) CEX93400: MD 222 over I-95 5) CEX95200: Winch Road over I-95 6) CEXA0000: MD 272 over I-95 7) CEXA2700: Union Church Road over I-95 8) CEXA3800: Deaver Road over I-95 9) CEXA8300: MD 316 over I-95



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SP 1-2 SPECIFICATIONS

All work on this project shall conform to the Maryland Department of Transportation, State Highway Administration's Specifications entitled, "Standard Specifications for Construction and Materials" dated July, 2008, “Standard Specification” revisions thereof, or additions thereto, and the Special Provisions included in this Invitation for Bids. In addition, all terms and conditions of the standard specifications for construction and materials dated July 2008, revisions thereof or addition thereto shall apply to this Invitation For Bids unless otherwise specified herein. All reference to the Maryland State Highway Administration’s offices and/or positions shall be construed to mean the Maryland Transportation Authority’s corresponding offices and/or positions. Prior to any submittal or contact specified, the Contractor shall have the Construction Project Manager verify that the current office and/or position are shown in the specifications. The Authority will not be responsible for any loss resulting from the Contractor not verifying the current office and/or position.

SP 1-3 ORIGINAL FACILITY PLANS AND SITE VISITS

The original facility plans are on file at the Engineering Building of the Francis Scott Key Bridge and will be made available for inspection to prospective bidders. Parties interested in viewing the plans should contact Mr. Bhuvan Eshwar, Deputy Project Manager at (410) 931-0808. Parties interested in visiting the site should contact Mr. John Lohmeyer, Facility Administrator at (410) 537-1101.

SP 1-4 PROMPT PAYMENT TO SUBCONTRACTORS The prime Contractor is responsible for making timely payments to all Subcontractors and Suppliers and provide written certification as required by Section 17-106 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended.

This contract requires the Contractor to make payment to all Subcontractors within 10 days of receiving payment from the Authority. Each month, the construction Project Engineer will review the current pay items with the prime Contractor and all involved Subcontractors to ensure that all work satisfactorily completed within specifications is included in the monthly progress payment. For payment purposes, the same quantity totals used to compute the payment to the prime Contractor will be the basis for payment to the Subcontractor. If the Subcontractor does not receive payment within the required 10 days, the Subcontractor shall notify the Project Engineer in writing of the amount in dispute including the item numbers and payment quantity for each. The Project Engineer will then notify the Chief of Construction of the dispute. The Chief of Construction or his representative will verbally contact the prime Contractor within 48 hours to ascertain whether or not a performance dispute exists which necessitates non-payment to the Subcontractor. If a performance dispute exists, the prime Contractor must demonstrate that there is a valid basis to withhold payment from the Subcontractor. If the prime Contractor withholds payment from a Subcontractor, the prime Contractor shall provide to the Subcontractor written notice of the withholding of payment. The notice shall detail the reasons for withholding payment as well as the amount. A copy of the notice shall be provided to the Surety and the



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Authority. If no valid dispute exists, the prime Contractor will be directed to make immediate payment to the Subcontractor. The Subcontractor will be responsible for notifying the Chief of Construction if this payment is not made. Upon receipt of notification, the Chief of Construction will schedule a meeting with the Contractor and Subcontractor to verify and discuss the non-payment issue. This meeting will be held at the Authority’s offices within 2 working days of the Authority’s contact with the subcontractor. If it is determined that the prime Contractor has withheld payment to the Subcontractor without cause, further progress payments to the prime Contractor will be withheld until the Subcontractor is paid. In addition, the Authority may order a suspension of work or other administrative actions as it sees fit. If an action is taken as stated above the Contractor shall notify the Authority’s Project Engineer when payment is made. After the Authority’s Project Engineer verifies that payment has been made to the Subcontractor the Authority shall release withheld progress payments.

Nothing in this Special Provision shall be construed to prevent the Subcontractor from pursuing a claim with the surety under the prime Contractor’s payment bond at any time.

SP 1-5 WORK HOURS

Refer to Section 104 “Maintenance of Traffic” and contract plans for lane and shoulder closures.

SP 1-6 INSURANCE

TC-5.01 INSURANCE Section TC 5.01 of the Standard Specifications is supplemented as follows:

1. The Contractor shall not commence work under this contract until he has obtained all of the

minimum amounts of insurance required by these Special Provisions and the insurance has been approved by the Engineer. The Contractor shall furnish to the Maryland Transportation Authority ("Authority") duly executed certification of all required insurance on forms satisfactory to the Authority. The certificates of insurance shall state that it is in force and cannot be cancelled, released or non-renewed except upon thirty (30) days prior written notice, registered mail to the Authority. All Contractors' insurance policies, with the exception of the Worker's Compensation and Employer's Liability, shall be endorsed to provide as additional insured the Maryland Transportation Authority and the State of Maryland.

2. The Contractor shall purchase and maintain such insurance as is specified herein which will

protect the Authority, its members, employees and agents, as well as the Contractor from claims which may arise out of or as a result of the Contractor's operations under this contract, whether such operations be by the Contractor, by any subcontractor, by anyone directly or indirectly employed by any of them or by anyone whose acts for which any of them may be held liable. This insurance shall be maintained in full force until the Contract has been accepted by the Authority and final payment is made.



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5 of 9 3. The Authority requires the following minimum levels of insurance coverage for this

contract:

a) Worker's Compensation and Employer's Liability

The Contractor shall, at all times, maintain and keep in force such insurance as will protect him from claims under the Worker's Compensation Act of the State of Maryland and maintain and keep Employer's Liability Insurance at a limit of One Hundred Thousand Dollars ($100,000). The Contractor shall also maintain United States Long Shore and Harbors Act coverage, if such exposure exists.

b) Commercial General Liability Insurance

The Contractor shall maintain Commercial General Liability Insurance in the amount of at least One Million Dollars ($1,000,000) Combined Single Limit for Bodily Injury Liability and Property Damage Liability Insurance per occurrence and in the aggregate. Such insurance shall specifically include the Commercial General Liability Broad Form Endorsement and indicate explosion, collapse, and underground damage coverage.

c) Comprehensive Automobile Liability Insurance

The Contractor shall maintain Comprehensive Automobile Liability Insurance (including all automotive equipment owned, operated, rented, or leased), in the amount of at least Five Hundred Thousand Dollars ($500,000) Combined Single Limit for bodily injury and property damage.

d) Additional Insurance

The Contractor shall also procure and keep in effect:

Excess liability (umbrella coverage) in excess of and applicable to the coverage in the Commercial General Public Liability and Property Damage Insurance, "X, C, U" and Comprehensive Automobile Insurance in the amount of at least Two Million Dollars ($2,000,000) for each occurrence.

4. Accident Notification - The Contractor shall send a written report to the Engineer and to the

Maryland Transportation Authority within twenty-four (24) hours of any accident or other event arising in any manner from the performance of the contract which results in or might result in personal injury or property damage.

5. Failure to comply with these Special Provisions may lead to termination for default or

termination for convenience.



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6 of 9 6. There will be no special payment for the insurance as required by this contract and all costs

incidental thereto shall be included in the Lump Sum for "Mobilization", (refer to Section 108), or if the Contract does not include such an item, the insurance costs are to be included in pay items for the Proposal.

For Informational Purposes Only SP 1-7 MINORITY BUSINESS ENTERPRISE REGULATIONS

GOVERNING CONSTRUCTION CONTRACTS IN EXCESS OF $50,000 EFFECTIVE JULY 1, 2001

GP - 7.29 of the General Provisions is supplemented as follows: The Contractor shall:

1. Identify specific work categories appropriate for subcontracting;

2. At least 10 days before bid opening, solicit Minority Business Enterprises, through written notice that:

a) describe the categories of work: and,

b) provide information regarding the type of work being solicited and specific

instructions on how to submit a bid.

3. Attempt to make personal contact with Minority Business firms;

4. Assist Minority Business Enterprises to fulfill bonding requirements or to obtain a waiver of these requirements;

5. Upon acceptance of a bid, provide the Maryland Transportation Authority (Authority) with a list of Minority Businesses with whom the Contractor negotiated, including price quotes from Minority and Non-minority firms.

Third Tier Subcontracting:

Third Tier MBE/DBE Subcontracting will be approved by the Authority only when the Authority is satisfied that there is no way except by Third Tier contracting that an MBE/DBE goal can be achieved. The Contractor's written request must be submitted with the bid and contain specifics as to why a Third Tier contracting agreement is being requested.

Waivers: If for any reason the bidder/offeror is unable to achieve the specified overall contract goal or subgoals for each certified MBE classification, the bidder/offeror must request, in writing, on MDOT MBE FORM A, (Certified MBE Utilization and Fair Solicitation Affidavit), a waiver at time of bid.



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7 of 9 Strict adherence regarding documentation of the rationale for the waiver request and documentation of “Good Faith Efforts” of the Contractor are required for consideration of any waiver. For additional information on waivers, please see COMAR 21.11.03.11.

Criminal Fraud Provisions:

All Contractors are reminded that Criminal Fraud Provision and Administrative Sanctions may be imposed for failure to achieve and maintain established MBE/DBE goals.

SP 1-8 PROGRESS SCHEDULE REQUIREMENTS Refer to Section 109 of the Standard Specifications. SP 1-9 CORPORATE REGISTRATION

A foreign corporation is any corporation not incorporated under the Laws of the State of Maryland. All foreign corporations, prior to performing any services for the Authority, must register with the Maryland State Department of Assessments and Taxation in compliance with Subtitle 2, Title 7 of the Corporations and Associations Article of the Annotated Code of Maryland. Compliance is required of the successful vendor as well as the proposed subcontractors.

To accomplish the required registration, a foreign corporation must request and complete “Qualification Application Forms” which can be obtained from the Department of Assessments and Taxation, State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. Forms can be obtained via the Maryland Department of Assessments and Taxation web site at: www.dat.state.md.us.

The Contractor will be responsible for documenting compliance with the aforesaid. This documentation will be required prior to the execution of a contract with the successful bidder.

SP 1-10 CONTRACTOR’S EMPLOYEE IDENTIFICATION

The Contractor shall provide to the Authority, a list containing the following for Contractor and all sub-contractors that would be working at the site. This shall include trucking companies who would come to the site on a repetitive basis for supply or remove materials: Name of Company Name and title of contact person Address of the Company Phone Number Facsimile number E-Mail address of contact person (if any)



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All Contractor’s employees, including employees of subcontractors, on this project, present at the site, shall be in possession of a valid employee identification card provided by the Employer, which shall contain a photograph and identify the employee by name and job title. The employee must produce the said identification if required by the Engineer or the Authority Police.

When working in or around the Authority’s buildings, said employees identification shall be displayed at all time. While working in the Tunnels or on one of the major bridges of the Authority, Contractor’s personnel shall have an ID decal displayed on their hardhat. These decals will be provided by the Authority. All Contractor’s vehicles shall have a parking decal, attached to the rear view mirror. These parking decals will also be provided by the Authority and a distribution list will be maintained. At the time of project completion these decals shall be returned to the Authority. Request for hardhat and rearview mirror decals shall be made to the Construction Section before begin of construction and should include the number required of each type.

All costs associated with ID’s will not be paid for separately and shall be incorporated under other items of payment in the contract.

SP 1-11 PROGRESS PHOTOGRAPHS

On or about the last day of each month, at important stages of the work, and upon final completion, the Contractor shall take color photographs of the work under construction as directed by the Engineer. An average of 18 views per month will be required for the Contract. The Contractor shall use a digital camera and furnish to the Engineer a CD and three prints of each photograph, linen mounted, to a uniform standard size of approximately 8 inches by 11 inches with at least one inch margin for binding on the left hand side. Each print shall show inconspicuously on the face, the name of the contract, followed by the Contract number, subject of the photograph, date of the exposure, “Maryland Transportation Authority,” and the name of the Contractor. The furnishing of the progress photograph prints, including disks will not be measured for payment, but cost thereof shall be included under various pay items appearing in the Proposal.

SP 1-12 ACCESS TO PROJECT SITE

Access to the work site shall be via I-95 and local or state roadways. SP 1-13 BIDDERS LIST It is strongly recommended that each potential bidder who downloads plans from eMaryland Marketplace sends an email to [email protected] stating that plans by your



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9 of 9 company were downloaded and request your company’s information to be placed in the Bidder’s List. In the subject of the email, please place the contract number (KH-2602-000-006) and the body of the email should include the following: Contact Person; Company name; Company Address; Contact Number; and Facsimile Number Please also note whether your company will be bidding as a prime contractor or if you are a certified MBE firm. The email address from which the request was originated will also be added to the contact information for that company. The Bidders List will be updated weekly and posted on the MDTA’s web site under the corresponding contract number in the Contractors Information Center at the link below: http://www.mdta.maryland.gov/Contracts/Construction/contractors.html If you need additional assistance, please contact the Division of Procurement and Statutory Program Compliance at 410-537-7832.




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GENERAL PROVISIONS GP-SECTION 1

DEFINITIONS AND TERMS

GP-1.03 ORGANIZATIONAL DEFINITIONS 1 DELETE: The definition of “Administration” INSERT: The following.

Administration – The word “Administration” shall mean the “Maryland Transportation Authority”. Except for Office of Materials Technology, all references to the Maryland State Highway Administration’s offices and positions shall mean the Authority’s corresponding Engineering Divisions and positions such as Bridge, Traffic, Highway, and Environmental Sections. Highways – The word “Highways” shall mean all highways owned by the Maryland Transportation Authority and maintained by the MDTA.

Maryland State Highway Administration Reference

Maryland Transportation Authority Corresponding position

District Engineer John Lohmeyer – Facility Administrator Environmental Programs Division Douglas Novocin – Environmental

Manager District Office Francis Scott Key Bridge Facility, 304

Authority Drive, Baltimore, MD 21222 Office of Structures Joseph Miller – 300 Authority Drive,

Baltimore, MD 21222




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DEFINITIONS AND TERMS

GP-1.05 DEFINITIONS 5 ADD: The following.

Highway Standards – The official Book of Standards for Highway and Incidental Structures, edited by the State Highway Administration, with the latest incorporated revisions issued on or before the date of advertisement on the contract.




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BIDDING REQUIREMENTS AND CONDITIONS GP-2.04 SITE INVESTIGATION 8 DELETE: Entire paragraph.

INSERT: The following. The Contractor acknowledges that he has investigated and satisfied himself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, tides, or similar physical conditions at the site, and confirmation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as the information is reasonably ascertainable from an inspection of the site, including all exploratory INFORMATION IN POSSESSION OF THE STATE, as well as from information presented by the drawings and Specifications made part of this contract. Any failure by the Contractor to acquaint himself with the available information may not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The State assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the State.




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BIDDING REQUIREMENTS AND CONDITIONS GP-2.06 PREPARATION OF THE BID 9 ADD: After paragraph (a), the following. The Contractor may elect to submit his bid on forms he has generated in the development of his bid. These may be submitted in lieu of the schedule of prices bid forms furnished by the Authority in the Invitation for Bids. These forms shall emulate the forms currently furnished by the Authority and, as a minimum, contain the following information. (1) State Contract No.

(2) State Item Nos. (3) State’s Proposed Quantities

(4) Description of Items

(5) Unit Price

(6) Total Cost of Each Item

(7) Total Bid Amount

The document shall be 8-1/2 x 11 inches, and oriented in a landscape format. The font size shall be no less than 10 points with horizontal lines dividing each item. Any addendum which revised items or quantities shall be noted on all affected schedule of prices sheets. Any special bid requirements that are noted in the schedule of prices shall also be listed on the form. Should the Contractor elect to submit bids on the Contractor’s own forms, the Contractor shall submit a sample of the form to the Authority at least two weeks prior to the scheduled opening of bids. The use of Contractor generated forms shall be approved, in writing, prior to their use. If the Contractor’s forms were previously approved in writing on another Authority project and have not changed, they need not be resubmitted for this project.




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2 of 2 Sample forms shall be submitted to:

Ms. Beverly Hill, Director of Procurement and Statutory Program Compliance Maryland Transportation Authority 303 Authority Drive, Second Floor Baltimore, MD 21222




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BIDDING REQUIREMENTS AND CONDITIONS

GP-2.23 BID PROTESTS 18 ADD: The following.

The Board of Public Works does not have the jurisdiction to consider protests relating to this solicitation or an award of this contract under this solicitation.

All protests relating to this solicitation, the selection, and/or award must be filed in writing with the Authority’s Procurement Officer, within the time limitations set forth in COMAR 21.10.07 and 21.10.02. Bid protests shall be filed not later than 7 days after the basis for protest is known, or should have been known, whichever is earlier. Oral protests will not be considered.

The specific details of the protest procedures shall be followed by aggrieved actual or prospective bidders or offerors are contained in COMAR 21.10.




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GENERAL PROVISIONS GP - SECTION 4

SCOPE OF WORK

GP-4.10 WARRANTY OF CONSTRUCTION 26 DELETE: The first paragraph in its entirety.

INSERT: The following.

The Warranty as defined under paragraphs (a) through (g) in GP 4.10 “Warranty of Construction” shall apply to this Maryland Transportation Authority Contract unless specified elsewhere in this Invitation for Bids.




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CONTROL OF WORK

29 DELETE: Section GP-5.06 in its entirety.

INSERT: The following. GP-5.06 COOPERATION BETWEEN CONTRACTORS

(a) The Contractor shall cooperate and coordinate with Authority contractors and any other adjoining work performed by outside agency contractors. Such cooperation and coordination shall include, and be not limited to, the following:

1) Arrangement, staging, and conduct of work; 2) Storage and disposal of materials, etc., in such a manner as to not interfere with, limit

access, or hinder the progress of the work being performed by other contractors. Contiguous work shall be joined as required in the Contract Documents.

3) Keeping apprised of other contractors’ activities, sharing information, working collaboratively, attending corridor coordination meetings and conforming to all other activities requiring cooperation and coordination efforts between contractors as identified in these special provisions.

(b) The Authority shall have the right, at any time, to Contract for and perform other work on, near, over or under the work covered by this Contract. In addition, other work may be performed under the jurisdiction of another Administration or State agency. In cases when a dispute arises among contractors, the Authority’s decision shall be final and binding on the contractors. The Contractor shall cooperate fully with such other contractors and carefully fit his own work to such other work as may be directed by the Authority. (c) The Contractor agrees to make no claims against the Authority for any inconvenience, delay or loss experienced by them because of the presence and operations of other Authority contractors, except when such a delay is not due to any fault or negligence of the Contractor. All such justifiable and approved delays may be considered for an extension of time only in accordance with the requirements of Section TC-5.05 of the Standard Specifications.




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When the failure to gain access is not due to any fault or negligence of the Contractor, an extension of the contract time may be allowed on a day to day basis for the amount of time delayed. The impact on Contractor’s schedule shall be justifiable and supported by mutually corroborative facts, figures, and documentation. Except as provided herein, the Authority will not assume any responsibility for acts, failures, or omissions of other contractors that delay the work. The Contractor shall assume all liability in connection with his contract and shall protect and save harmless the Authority from any and all damages and claims that may arise because of any inconvenience, delay, or loss experienced as a result of the presence and operations of other contractors working in or near the work covered by his contract. Staging or storage areas are not available for the exclusive and long-term use by any contractor within the project limits, except as approved by the Authority and for the necessary work which each contractor is responsible of constructing. The Contractor shall remove the equipment, materials, and rubbish from the work areas and other Authority-owned property which the Contractor occupies and shall leave the areas in a presentable condition, in conformance with the provisions in Section GP-4.09, Final Clean Up, of the Standard Specifications. The Contractor shall secure, at the Contractor's own expense, areas required for storage of plant, equipment, and materials or for other purposes if sufficient area is not available to the Contractor within the contract limits. (d) Measurement and Payment Cooperation between contractors shall be incidental to the various contract bid items provided for in this Contract, and no additional payment shall be made to the Contractor.




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CONTROL OF WORK

GP-5.12 FAILURE TO MAINTAIN ENTIRE PROJECT 33 DELETE: Entire section.


Failure on the part of the Contractor, at any time, to comply with the provisions of GP 5.11 above, will result in the procurement officer immediately notifying the Contractor to comply with the required maintenance provisions. In the event that the Contractor fails to COMPLETE CORRECTIONS SO AS TO CONFORM TO THE PROVISIONS OF GP 5.11 within four (4) hours of receipt of such notice, the procurement officer MAY NOTIFY THE CONTRACTOR TO SUSPEND ALL OTHER WORK ON THE CONTRACT UNTIL SUCH TIME AS THE UNSATISFACTORY MAINTENANCE IS CORRECTED. In the event that the Contractor fails to comply with GP 5.11 within four (4) hours after receipt of such notice, the procurement officer will immediately proceed with adequate forces and equipment to maintain the project, and the entire cost of this maintenance will be deducted from monies due to the Contractor ON THE NEXT MONTHLY ESTIMATE.




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LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC GP-7.05 CONSTRUCTION SAFETY AND HEALTH STANDARDS

40 ADD: After the last paragraph.

All Contractor personnel shall comply with the following at a minimum, unless otherwise determined unsafe or inappropriate in accordance with the regulations referenced in the Specifications: 1. Hard hats shall be worn while participating in or observing all types of field work when outside of a building or outside of the cab of a vehicle, and exposed to, participating in or supervising construction. 2. Respiratory protective equipment shall be worn whenever an individual is exposed to any item listed in the referenced regulations. 3. Adequate eye protection shall be worn in the proximity of grinding, breaking of rock and/or concrete, while using brush chippers, striking metal against metal or when working in situations where the eyesight may be in jeopardy. 4. Safety vest shall be worn by all personnel exposed to vehicular traffic and construction equipment. 5. Standards and guidelines of the current Maryland State Highway Administration’s work zone safety shall be used when setting, reviewing, and removing traffic controls. 6. No person shall be permitted to position themselves under any raised load or between hinge points of equipment without first taking steps to support the load by the placing of a safety bar or blocking. 7. All electrical tools shall be adequately grounded or double insulated. Ground Fault Circuit Interrupter (GFCI) protection must be installed in accordance with the National Electrical Code (NEC) and current Maryland Occupational Safety and Health agency (MOSH). If extension cords are used, they shall be free of defects and designed for their environment and intended use. 8. No person shall enter a confined space without training, permits and authorization. 9. Fall protection devices shall be used in accordance with the referenced regulations. 1.1 Initial Safety Plan Thirty (30) calendar days after the date the contract is executed, the Contractor shall submit a written initial project site-specific Safety Plan (Initial Safety Plan) that complies with the requirements of the Specification. The Initial Safety Plan shall address all on-site activities anticipated within the first ninety (90) calendar days of the contract time. 1.2 Safety Plan Within sixty (60) calendar days of the written Notice to Proceed date, the Contractor shall submit a written project site-specific Safety Plan (Safety Plan) that covers all contract work




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2 of 8 and which complies with the requirements of the Specifications. Incomplete or generic Safety Plan submittals are not acceptable and will be returned without review. The Contractor is responsible for the review of the specific safety requirements, as inherent in the scope of the contract work or implied by the Contract, for the analysis of planned methods of operation, and for the incorporation of any additional specific or unique safety requirements or measures in the Safety Plan. The Safety Plan shall be project site-specific and address eliminating or controlling hazards, exposures and risks endemic to the site and the contract work to be performed. The Engineer is under no obligation to detect safety issues or issue a notice of deficiency or non-compliant condition, in the Safety Plan or during performance of contract work by the Contractor, Subcontractor(s), Suppliers, or any other Contractor’s agents. Under no circumstances shall the Contractor (or Subcontractor(s), Suppliers, or any other Contractor’s agents) consider relieved of the obligations, pursuant to any applicable law or regulatory requirements, to provide a safe work place and comply fully with the safety laws and regulations. The Safety Plan shall: a) Acknowledge that the Contractor is responsible to be in compliance with all Federal

and State requirements and other applicable rules and orders that require employers to provide a safe and healthy workplace.

b) Outline administrative responsibilities for implementing the Safety Plan, and identify

and define the personnel accountable for incident prevention. Incidents include, but are not limited to, employee injuries, equipment and property damage, fires, and injury to the public. Include the name of the Contractor's Primary Safety Representative, delineating his/her authority to direct work stoppage and cause the elimination or correction of hazardous conditions.

c) Establish performance objectives for all line supervisors for the achievement of a

zero incident goal. d) Develop the means for coordinating and controlling work activities of contractors,

subcontractors, and suppliers. e) Provide for on-going safety inspections of work sites, material, and equipment to

ensure compliance with the Safety Plan. All Safety Plans shall include at a minimum the requirements set forth in Appendix A, included herein.




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3 of 8 1.3 Safety Operations a) The Contractor shall post the following in a jobsite location visible to all personnel:

i. Emergency procedures. ii. Emergency phone numbers. iii. Job safety and health poster. iv. Notice of workers’ compensation carrier. v. OSHA 200 Summary (during February of each year). vi. Location of Material Safety Data Sheet (MSDS) documents.

b) Assign a dedicated Contractor’s Primary Safety Representative. Non-exempt

subcontractor(s) shall appoint a Subcontractor’s Primary Safety Representative. A Contractor’s Primary Safety Representative (and Subcontractor’s Primary Safety Representative, if applicable) shall be assigned to each shift of construction, and be responsible for the administration of the Safety Plan. The Contractor’s Primary Safety Representative (and Subcontractor’s Primary Safety Representative, if applicable) shall have no other duties that could inherently conflict with his/her abilities to fulfill these safety related duties. Duties that would inherently conflict include production supervision and production management.

c) A non-exempt subcontractor is defined as one that has a subcontract value in excess

of one million dollars and who is otherwise exempt under subsection 1.4 below. d) Designate a competent person for each shift. e) Develop a Job Safety Analysis (JSA) for high-risk operations prior to their

commencement, and review specific JSA requirements with their employees. High risk operations include such activities as shoulder or lane closure; confined spaces; any excavation greater than 6 ft. in depth; pile driving; rebar placement; falsework erection; concrete placements involving cranes or pumps; and setting structural steel or precast elements, overhead sign structures, signals, high-mast lighting, etc. A copy of the JSA form is herewith included in Appendix B. Copies of completed JSA forms shall be kept on file at the Contractor’s field office and made available to the Engineer upon request.

f) Ensure that all subcontractor and suppliers are provided with a copy of Contractor's

project site-specific Safety Plan and are informed of their obligations with regard to safety.

g) Immediately address noted deficiencies upon observation. Where deficiencies cannot

be corrected immediately, the Contractor shall develop a corrective action plan outlining the procedures and schedule for completion.




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4 of 8 h) Notify the Authority of all written or oral warnings of safety violations/citations

within 24 hours upon their receipt. i) Employ any additional measures that are necessary for project safety. 1.4 Exemptions The following are exempt from the requirements of providing a Safety Plan: a) General Contractors or subcontractors who are certified by the International

Organization for Standardization ("ISO certified") at the time of receipt of bids and who continuously maintain ISO certification for the duration of the contract.

b) In the case of a joint venture, each joint venture partner must be ISO certified.

Should a Contractor or subcontractor lose the ISO certification during contract performance, the Contractor or subcontractor will lose the exemption. Once lost, an exemption cannot be reinstated. In the event the Contractor or subcontractor loses the exemption, the Contractor or subcontractor shall immediately submit the project site-specific Safety Plan, in no case later than 15 calendar days from losing the ISO certification.

c) Off site fabricators and suppliers. d) If the Contractor is exempt and one or more of its subcontractors are non-exempt,

then each non-exempt subcontractor shall prepare and submit a Safety Plan that is acceptable to the Contractor. The Contractor shall forward a copy of each Contractor-approved subcontractor Safely Plan to the Department for information and file, within thirty (30) calendar days of the Contractor’s issuance of Notice to Proceed to the non-exempt subcontractor.

1.5 Measurement and Payment The price for safety requirements under this Special Provision will be incidental to the entire work, and shall not be measured for pay items. The Contractor's submittal of a compliant Safety and Health Plan is a condition precedent to 25% payment of the Contractor’s mobilization payment.




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APPENDIX A

MINIMUM BASIC OUTLINE FOR PROJECT SITE-SPECIFIC SAFETY PLAN 1. SIGNATURE SHEET Title, signature and phone number of the following:

a. Plan preparer (for example, corporate safety person or project safety person) b. Plan approver, who shall be an officer of the company; and c. Plan concurrer, who shall be the most senior Contractor representative that the

Contractor intends to assign full time to the project.

2. BACKGROUND INFORMATION

a. Contractor; b. Contract number; c. Project name;

d. Brief project description, description of work to be performed, and location (map); and

e. Contractor accident experience (provide information such as EMR, OSHA 200/300 Forms).

3. STATEMENT OF SAFETY AND HEALTH POLICY In addition to the corporate policy statement, a copy of the corporate safety program may provide a significant portion of the information required by the accident prevention plan. 4. RESPONSIBILITIES AND LINES OF AUTHORITIES Identification and accountability of personnel responsible for safety at both the corporate and project level.

5. SUBCONTRACTORS AND SUPPLIERS Provide the following:

a. Identification of subcontractors and suppliers; b. Means for controlling and coordinating subcontractors and suppliers; and c. Safety responsibilities of subcontractors and suppliers.




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6. TRAINING

a. List subjects to be discussed with employees in the safety indoctrination; b. List mandatory training and certifications which are applicable to this project [for

example, explosive-actuated tools, confined space entry, crane operator, diver, vehicle operator, Hazardous Waste Operations and Emergency Response (HAZWOPER) training and certification, personal protective equipment, etc.] and any requirements for periodic retraining / recertification;

c. Identify requirements for emergency response training; and d. Outline requirements (who attends, when given, who will conduct, etc.) for

supervisory and employee safety meetings.

7. SAFETY AND HEALTH INSPECTIONS Provide details on when inspections will be conducted, how inspections shall be recorded, deficiency tracking system, follow-up procedures, etc. 8. SAFETY AND HEALTH EXPECTATIONS, INCENTIVE PROGRAMS, AND

COMPLIANCE

a. The company’s written safety program goals, objectives, and accident experience goals for this contract should be provided;

b. A brief description of the company’s safety incentive programs (if any) should be provided;

c. Policies and procedures regarding noncompliance with safety requirements (to include disciplinary actions for the violation of safety requirements) should be identified; and

d. Provide written company procedures for holding managers and supervisors accountable for safety.

9. ACCIDENT REPORTING

The Contractor shall identify the person or persons who shall provide the following information pertaining to the incident:

a. Exposure data (personnel hours worked); b. Reports and logs for accident investigations; and c. Immediate notification of major accidents

10. MEDICAL SUPPORT

Outline on-site medical support and off-site medical arrangements.




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7 of 8 11. PERSONAL PROTECTIVE EQUIPMENT Outline procedures (e.g. who, when, how) for conducting hazard assessments and written certifications for use of personal protective equipment. 12. PLANS (PROGRAMS, PROCEDURES) REQUIRED BY THE APPLICABLE

REGULATIONS The Contractor shall provide information on how the requirements of major sections of Title 29 CFR 1910 and 1926 in the project site-specific Safety Plan will be met. Particular attention shall be paid to excavations, fall protection, scaffolding, medical and first aid requirements, sanitation, personal protective equipment, fire prevention, machinery and mechanized equipment, electrical safety, public safety requirements, and chemical, physical agent and biological occupational exposure prevention requirements. Detailed site-specific hazards and controls shall be provided in the job safety analysis for each phase of the operation, not in the program.




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APPENDIX B

JOB SAFETY ANALYSIS

Activity: ___________________ Analysis by/Date: ___________________

PRINCIPAL STEPS

POTENTIAL SAFETY/HEALTH HAZARD

RECOMMENDED CONTROL

Identify the principal steps involved and the

sequence of work activities.

Analyze each principal step for potential hazards

Develop specific Controls for each potential hazard

EQUIPMENT TO BE

USED

EQUIPMENT INSPECTION

REQUIREMENTS

TRAINING

REQUIREMENTS

List equipment to be used in the work

activity.

List equipment inspection requirements for the type of

equipment utilized for the work activity.

List training requirements, including hazard communication.




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PROSECUTION AND PROGRESS GP-8.01 SUBCONTRACTING

56 DELETE:

INSERT: The following. Except as may be provided elsewhere in the Contract, the Contractor to whom a Contract is

awarded shall perform with his own organization and with the assistance of workers under his immediate supervision, work of a value of not less than 50 percent of the total original value of the Contract.

No portion of the Contract shall be subcontracted, assigned or otherwise disposed of except

with the written consent of the procurement officer. Any assignment, subcontract or other disposition of all or part of this Contract without the express written consent of the procurement officer shall be null and void. Consent to subcontract, assign or otherwise dispose of any portion of the Contract shall not be construed to relieve the Contractor or surety of any responsibility for the fulfilling of all the requirements of the Contract.

The Contractor shall incorporate by reference or otherwise include these General Provisions in every subcontract issued pursuant to or under this Contract, and shall require that the same reference or inclusion be contained in every subcontract entered into by any of its subcontractors.




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GENERAL PROVISIONS GP SECTION 8

PROSECUTION AND PROGRESS

GP-8.09 LIQUIDATED DAMAGES

62 DELETE: Both paragraphs

INSERT: The following. Time is an essential element of the Contract and it is important that the work be

vigorously prosecuted until completion.

For every calendar day that the contract remains uncompleted after the expiration of the contract time specified herein, or amended by extra work authorization, change orders or supplemental agreements, the Contractor will be liable for Liquidated Damages. The amount of Liquidated Damages shall be as specified in Contract Time and Bonding. This amount shall be deducted from any money due the Contractor, not as a penalty, but as Liquidated Damages. Damages in excess of any retained percentage shall be paid to the Authority by the Contractor.

Refer to Contract Time and Bonding contained elsewhere herein.




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GENERAL PROVISIONS GP SECTION 9

PAYMENT

70 DELETE: Section GP 9.01 in its entirety INSERT: The following. GP-9.01 SCOPE OF PAYMENT Payment to the Contractor will be made for the actual quantities of Contract items performed in

accordance with the Plans and Specifications and if, upon completion of the construction, these actual quantities show either an increase or decrease from the quantities given in the bid schedule, the Contract unit prices will still prevail, except as provided in GP-4.04 Variations in Estimated Quantities.

The payment of any partial estimate or of any retained percentage except by and under the

approved final estimate and voucher, in no way shall affect the obligation of the Contractor to repair or renew any defective parts of the construction or to be responsible for all damages due to such defects.

When requested in writing by the Contractor and approved by the procurement officer,

payment allowance will be made for nonperishable material to be incorporated in the work delivered and stockpiled at the work site or other approved site. Material for which payment has been made, wholly or partially, shall not be removed from the worksite or other approved site.

Payment to the Contractor under this section for materials on hand in no way will be construed

as acceptance by the Authority of title to the material. Title shall remain with the Contractor until the project has been completed and accepted in accordance with GP-5.13.

The Contractor shall indicate his Federal Tax Identification or Social Security Number on the

face of each invoice billed to the State. On Contracts in excess of $25,000, the Contractor and any subcontractor with a lower tier

subcontract, prior to receiving a progress or final payment under this Contract, shall first certify in writing that he has made payment from proceeds of prior payments, and that he will make timely payments, from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements with them.




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The Contractor shall also obtain from each subcontractor a certification that it has made payment from proceeds of prior payments to any of its lower tier subcontractors, and will make timely payments to its lower tier subcontractors and suppliers in accordance with its contractual arrangements with them. This certification is not required from subcontractors who have no lower tier subcontracts. These certifications may be required by the procurement officer for contracts of $25,000 or less.

In addition to any other remedies provided by law or this Contract, any Contractor or subcontractor of any tier who fails to make payments as required by the certifications set forth in the above paragraphs within thirty (30) days from the date such payment is due shall be obligated to include with such payment interest at the rate of 10 percent per annum from the date the payment was due to the date the payment was actually made to the subcontractor or lower tier subcontractor.




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TERMS AND CONDITIONS TC SECTION 4

CONTROL OF WORK

TC-4.01 WORKING DRAWINGS 95 DELETE: Section (a) in its entirety


(a) General. The Plans will be supplemented by shop plans, working drawings, catalog cuts, schematics, material data, installation plans and manuals, user manuals, and other data necessary to demonstrate to the Engineer adequate control of the work, proper installation and handling, conformance to the specifications, and that the proposed materials and equipment is suitable for the intended use. All authorized alterations affecting the requirements and information given on the working drawings shall be in writing to the Engineer. Any deviations from the Specifications, Special Provisions, or Plans shall be clearly highlighted and explained. When reference is made to the working drawings, the interpretation shall be the working drawings as affected by all authorized alterations then in effect. When reference is made to the working drawings, the interpretation shall be that working drawings include working drawings, catalog cuts, schematics, material data, installation plans and manuals, user manuals, and other data necessary to demonstrate to the Engineer adequate control of the work, proper installation and handling, conformance to the specifications, and that the proposed material or equipment is suitable for the intended use.

Working drawings shall show details of all structures, lines, grades, typical cross sections of roadway, general cross sections, location and designation of all units and elements. Cabinet drawings shall be to-scale showing the location of all equipment proposed to be mounted within the cabinet. One-line diagrams and schematics shall be provided for equipment cabinets showing the interconnection of all devices located therein. Equipment layouts shall include rack-level elevation views as well as floor plans for all equipment racks. All working drawings, regardless if submitted as specified or submitted as equal substitutes, shall be furnished with complete, specific, detailed information from the manufacturer or supplier for the material or equipment the Contractor proposes to furnish, in which the requirements of the Specifications and Special Provisions shall be clearly shown to be met. When any article is specified by trade name of manufacturer with or without the clause “or equal”, it is intended to establish the quality of the article. If the Contractor proposes to use material or equipment of another manufacturer as an “or equal” to the material or equipment specified, all working drawings shall conform to the following requirements, conditions, and procedures:




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Substitution of equipment or materials other than those specified will be considered, providing, in the opinion of the Engineer, such equipment or material is equal to, or better than specified. The decision of the Engineer with respect to approval or disapproval of any material or equipment proposed to be substituted as an “or equal” is final. The Contractor shall have no claim of any sort by reason of such decision.

If the Contractor proposes to substitute materials or equipment as “or equal” to those specified, it shall be his responsibility to furnish, in addition to the information discussed above, a point by point comparison of the material or equipment specified under the contract and that proposed to be substituted. The burden of responsibility in furnishing this information is with the Contractor.

If the substitute material or equipment requires any re-design or affects other aspects of the project, the Contractor shall be responsible to provide such re-design including details and to adjust elements as necessary to achieve the re-design at no additional cost to the Authority. Cost saving re-designs will be considered under the value engineering specifications.

If incomplete or irrelevant data is submitted as evidence of compliance with Specifications, Special Provisions, or Plans, the data will be returned and the request for approval of working drawings will be denied.

The Contractor shall provide, at no additional cost to the Authority, all required working drawings which shall be thoroughly checked and stamped by the Contractor, after which they shall be submitted to the Engineer for review. The Engineer may reject working drawings and return them for revisions, in which case the Contractor shall submit revised working drawings as required. No items involving working drawings shall be incorporated into the work until working drawings have been accepted by the Engineer, however, acceptance shall not relieve the Contractor of any responsibility in connection with the working drawings. All engineering calculations and bridge falsework and support of excavation working drawings shall bear the signature and stamp of a Professional Engineer registered in the State of Maryland.

The working drawings shall be prepared on sheets no smaller than 8.5" x 11" and no larger than 22" x 34". The sheet size and scale of the drawings shall be appropriate for the work depicted.

All working drawings shall be submitted by the Contractor. Working drawings submitted directly by subcontractors, fabricators, suppliers, etc. will NOT be accepted. Acceptance of a material source or equipment source by the Engineer or Authority shall NOT constitute approval of the material or equipment nor approval of the materials or equipment as a substitute or an “equal” product.




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Requests for information (RFI) may be submitted by the Contractor as required to clarify the contract requirements. RFI’s shall be subject to the same submittal requirements described below for other submittals required by the Contract.

The working drawings and all other submittals required by the Contract shall be submitted electronically as files (FAXES are NOT acceptable). Electronic submission shall be made via the internet to a secure ProjectSolve2 © website established for this purpose. Email submission is not acceptable. Reviewed working drawings shall be returned to the Contractor via the secure website. The Contractor shall be notified via e-mail when reviewed working drawings are ready. Protocols, instructions, user names and passwords will be provided for the use of the secure website, electronic submissions and return of working drawings after award of the Contract.

The minimum computer requirements for use of the secure website are as follows:

• Hardware

– Dictated by the Internet Browser: ensure the hardware meets minimum requirements specified by the browser manufacturer.

• Operating System

– Windows XP or Windows 7 for full functionality.

• Internet Browser

– Microsoft Internet Explorer 5.x or 6.x (7.x not currently supported)

– Netscape Navigator / Communicator 4.7x (6.x and 7.x not currently supported).

• Internet Access

– High-speed access (DSL, ISDN, T1, cable-modem or similar),

• Pop-up Blockers

– Interfere with ProjectSolve2© operation: disable for session.

• Spyware

– Can interfere with operation: recommend monitoring or blocking, and periodic cleaning.




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Electronic Submittal Format. All electronic submittals shall be in a format readable by the Authority. The submittals shall be in Adobe portable document format (PDF) compatible with version 6.0 of Adobe Acrobat.

Submittals shall be submitted as single files or multiple files. Multiple files shall be used for submittals that are over 5MB in size. Submittals shall be broken into files of approximately 5MB. Submittals made as multiple files shall be accompanied by a text file that describes the contents of each file and the total number of files in the submittal.

The first page of each submittal shall be a cover page. The cover page must be in the 8.5" x 11" sheet format. The cover page must include:

(1) The Contract number.

(2) The Contract title.

(3) Submittal Number. For each project (Contract), a sequential number starting with number 1 shall be used. Where a submittal is rejected, or otherwise requires re-submittal or replacement, the Submittal number shall be appended with an “R” followed by the revision number.

(4) The Contractor’s name, mailing address, contact phone number and contact email address.

(5) The relevant line items in the contract that the submittal is associated with.

(6) A brief description of the materials or data represented in the submittal package.

(7) The date of the submittal.

(8) The manufacturer’s name, web site address, mailing address, and contact phone number, if applicable.

(9) The vendor’s or reseller’s name, web site address, mailing address, and contact phone number if applicable.

The cover page must contain a 6" x 3" blank space where engineering stamps may be placed (electronically) without covering data in the page.

The electronic file must not be secured. The review process for electronic submittals will place electronic stamps and may include electronic comments in the electronic submittals by the Contractor. Any security or compatibility problems that prevent the use of the electronic stamps or electronic commenting will render the submittal unacceptable. The returned file may be secured to prevent accidental changes.




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File naming conventions and rules. It is necessary and required that file naming conventions and rules be followed to lend to organization and reduce confusion regarding the electronic submissions. Submittals that do not follow the file naming conventions described herein will be rejected without review. Strict adherence to the file naming rules is required. The file names for electronic submissions shall follow these rules:

(1) The first six characters must be the first six characters of the contract number. For example, for this contract, KH 2602-000-006, the first six characters of the file name must be KH2602.

(2) The seventh character must be a dash.

(3) The eighth through tenth characters shall be the text format. “SUB” short for Working Drawing and Catalog submittals, “RFI” short for Request for Information, “SOS short for Source of Supply, “LTR” short for letter (correspondence), “SAP short for Subcontractor Approval Request, and “MD” short for Mix Design submittals.

(4) The eleventh character must be a dash.

(5) The twelfth through fourteenth characters must be the submittal number, e.g., 001.

(6) In the event of a re-submittal, the 15th character will be an R followed by the revision number.

(7) The remaining filename characters may be any short descriptive characters that may be useful to identify the nature of the submittal (fewer than 40 additional characters). If multiple files are used to make a submittal, the indication “File X of Y” shall be included in this part of the file name, where “X” is a two digit number indicating the where in the sequence of files the file falls and “Y” is the total number of files. The value of “X” shall not exceed the value of “Y”.




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1. Examples of filenames:

i. Original Submission:

1. KH2602-SOS-001-Paint System.pdf

ii. Resubmission:

1. KH2602-SOS-001R2-Paint System.pdf

iii. Submission with multiple files:

1. KH2602-SUB-109-Structural Steel File 02 of 05.pdf

2. The Contractor will have access to the data base containing the final submissions.

Section TC 4.01 of the Specifications is amended to add:

98 ADD: The following

All shop plans, working drawings and material submittal for this project shall be submitted via the ProjectSolve2© website. Immediately upon approval, the Contractor shall arrange for delivery of three print copies of working drawings and submittals for use by the inspection staff. The delivery of printed drawings and submittals shall be within three working days from the date of posting of approved submittal on the ProjectSolve2© website. The printing shall be performed by a third-party reproduction facility which shall be pre-approved by the Authority. All costs for such reproduction shall be considered incidental to the various items of work in the Contract and no additional payment shall be made therefore.

Further to the electronic submission requirement, the Contractor must provide one original copy for all correspondence.

The Contractor shall allow 30 Calendar days turnaround time on all shop drawings and material submittal from the date they are received by the Authority. All shop plans and working drawings shall be reviewed and approved by the Contractor prior to submitting for approval to the Maryland Transportation Authority and shall be submitted by the General Contractor only. No drawings sent to the Authority directly by subcontractors, fabricators, etc. will be accepted.




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Scheduling & Additional Requirements:

Within 7 calendar days of submitting the ICPM, the Contractor shall submit a Preliminary Submittal Package (PSP), which contains a list of items to be submitted for review within the first 6 months of the Contract.

Within 7 calendar days after the Engineer’s receipt of the PSP List, the Engineer shall review the PSP List and meet with the Contractor to discuss the Engineer’s comments. The Engineer shall be apprised of any highly critical items in need of an early review at the time that the Contractor submits the PSP.

Within 7 calendar days of acceptance of the ICPM as the CPM of record, the Contractor shall submit a Master Submittal Package (MSP), which contains a comprehensive and complete list of all items to be submitted for review for the entire Contract.

Within 7 calendar days after the Engineer’s receipt of the MSP List, the Engineer shall review the MSP List and meet with the Contractor to discuss the Engineer’s comments. Within 7 calendar days after the meeting, the Contractor shall incorporate the agreed changes to the MSP List. If required, the Contractor and Engineer shall continue to meet and amend the MSP List until the Engineer accepts it.

Any delay in starting the submittal process caused by the time required for Engineer acceptance of the PSP List or MSP List will not be considered a basis for any adjustment in the Contract amount or time.

The Contractor shall submit a Submittal Item for review no more than 30 days in advance of the “Submittal Start Date”. The “Submittal Start Date” is defined as the latest date that the submittal preparation MUST start in order to be completed in time for the successor activity to commence as outlined in the ICPM / CPM schedule. The Contractor shall allow 30 calendar days for the review and acceptance of Submittals exclusive of Contractor’s Re-Submittal preparation time, for Re-Submittal Items. The Engineer and Contractor may agree to adjust this requirement if an item is identified as a highly critical item in need of early approval. The Engineer shall be apprised of such highly critical items in need of an early review prior to the submission of the identified Submittal Packages. The Contractor submits the Submittal Package for early review, once permission has been obtained from the Engineer.

All shop plans and working drawings shall be reviewed and approved by the Contractor prior to submitting for approval to the Maryland Transportation Authority and shall be submitted by the General Contractor only. No drawings sent to the Authority directly by subcontractors, fabricators, etc. will be accepted.




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Acceptance of a material source by the Engineer does not constitute approval of the material as a substitute as an "equal". Submission of a material as an "or equal" must be done in accordance with the following paragraphs:

All shop drawings, regardless if "Submitted as Specified" or "Submitted as Equal to Specified", shall be furnished with complete, specific, detailed information from the manufacturer or supplier of the material or equipment the Contractor proposes to furnish, in which the requirements of the Specifications are clearly shown to be met. This shall include a point by point comparison with the detail requirements of the Specifications.

When any article is specified by trade name of manufacturer with or without the clause "or equal", it is intended to establish the quality of the article. If the Contractor proposes to use material or equipment of another manufacturer as an "or equal" to material or equipment specified, all shop drawings shall conform to the following requirements, conditions, and procedure:

(1) Substitution of equipment or materials other than those specified will be considered, provided, in the opinion of the Engineer, such equipment or material is equal to, or better than specified. The decision of the Engineer with respect to approval or disapproval of any material or equipment proposed to be substituted as an "or equal" is final. The Contractor shall have no claim of any sort by reason of such decision.

(2) If the Contractor proposes to substitute materials or equipment as "or equal" to those specified, it shall be his responsibility to furnish, in addition to the information discussed above, a point by point comparison of the material or equipment specified under the Contract and that proposed to be substituted. The burden of responsibility in furnishing this information is with the Contractor.

If incomplete or irrelevant data is submitted as evidence of compliance with this section of the Specifications, the data will be returned and the request for approval will be denied.




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1 of 1 TERMS AND CONDITIONS

TC SECTION 4

CONTROL OF WORK

TC-4.02 FAILURE TO MAINTAIN PROJECT 98 ADD: To the second paragraph. Additionally, an appropriate deduction will be made from the Contractor's next progress

estimate for each day or portion thereof that Maintenance of Traffic deficiencies exist, and will continue until the deficiencies are satisfactorily corrected and accepted by the Engineer. Any portion of a day will be assessed a full day deduction.

The above noted deduction will be assessed on the next progress estimate if: The Contractor does not take action to correct the deficiencies and properly assume the

responsibilities of maintaining the project (as determined by the Engineer) within four hours of receiving a notice to comply with the required maintenance provisions.

The deduction established by using the working days (based upon calendar dates when

required) divided into the total value of the bid item will be equal to the daily prorated share of the lump sum price bid for Maintenance of Traffic or $1,000.00 per day, whichever is more for each day or portion thereof that the deficiencies exist, and will continue until the deficiencies and proper assumption of the required maintenance provisions are satisfactorily corrected and accepted by the Engineer. The amount of monies deducted will be a permanent deduction and are not recoverable. Upon satisfactory correction of the deficiencies, payment of the Maintenance of Traffic lump sum item will resume.




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LEGAL RELATIONS AND PROGRESS

TC-5.01 INSURANCE 100 DELETE: The first three paragraphs under Section TC-5.01 in their entireties. INSERT: The following. The requirement of GP-7.14 “Liability Insurance” to submit Certificate of Insurance prior to

starting work is modified for Authority Contracts to require the certificate of insurance to be submitted prior to the execution of the Contract.

The Contractor shall maintain in full force and effect third party legal liability insurance

necessary to cover claims arising from the Contractor's operations under this agreement which cause damage to the person or property of third parties. The insurance shall be under a standard commercial general liability (“CGL”) form endorsed as necessary to comply with the above requirements; or other liability insurance form deemed acceptable by the State. The State of Maryland shall be listed as an additional named insured on the policy. The limit of liability shall be no less than One Million Dollars ($1,000,000.00) per occurrence/Two Million Dollars ($2,000,000.00) general aggregate. The insurance shall be kept in full force and effect until all work has been satisfactorily completed and accepted. The policies shall be endorsed to provide thirty (30) days notice of cancellation or non-renewal to:

Director of Construction Maryland Transportation Authority 304 Authority Drive Baltimore, Maryland 21222


VARIOUS BRIDGES SPECIAL PROVISIONS INSERT Contract No. KH 2602-000-006

56 11/04/10

TERMS AND CONDITIONS

TC SECTION 6 RESTRICTIONS AND PERMITS

115 DELETE: TC-6.14 STORING MATERIALS AND EQUIPMENT ON/AGAINST

STRUCTURES RESTRICTIONS in its entirety. INSERT: The following.

TC-6.14 RESTRICTIONS FOR PLACING AND USING EQUIPMENT ON STRUCTURES, OR STORING MATERIALS ON/OR AGAINST STRUCTURES Materials, and waste shall not be stored on or against any structure or structure element and equipment shall not be placed or used on any structure during the construction phase or finished or final configuration unless the written permission is obtained from the Administration’s District Office and the Office of Structures for each type of material or equipment to be stored. Loads, vehicle or other weight (materials etc.) that exceeds the bridge posted weight limit, if posted, or exceeds Maryland’s legal vehicle loads on bridges, (with no posted bridge weight limits), are prohibited on the structure at any time, except as modified by the following. If the Contractor’s intended operations will impose loads on the structure that exceed the weights listed above, the Contractor shall submit to the Engineer the type of material, its weight, the area that will be affected by the load, and its location on the structure. No stock pile of material regardless of unit weight shall be more than 4 ft high. If equipment is to be used, submit the maximum gross weight, axle spacing, load per axle, and proposed location on the structure. The maximum gross weight must include the vehicle weights in the most critical load position, i.e. front axle on crane with boom extended and element hanging. A special Hauling Permit is a requirement anytime equipment is moved over a structure that is over legal weight limit. If any load requires evaluation, then a professional engineer registered in the State of Maryland and experienced in bridge design shall perform a load analysis to ensure that the load on the structure will not create an overstress condition on any bridge element. This analysis also includes effects of legal loads crossing the structure, if applicable. Analyses shall be submitted for review and loading cannot be imposed until written approval is received. Such submission does not guarantee acceptance by the Office of Structures, which reserves the sole right to accept or reject the proposed loading. For structures under construction or rehabilitation, the Contractor shall also submit information pertaining to the phase of construction, such as which members have been modified or separated from the remainder of the structure, or have been newly constructed. Any materials or equipment that would have a detrimental affect to the structure such as aluminum products placed against concrete surfaces shall be adequately protected to prohibit them from coming in contact with each other. Any discoloration or damage to the structure as a result of material or equipment being stored on/against the structure shall be removed or repaired.




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PAYMENT

TC-7.05 PROGRESS PAYMENTS 127 DELETE: Section TC-7.05 (a) (2) Variable Retainage in its entirety.


(3) Variable Retainage. The Contract will be subject to a variable retainage based upon the Authority’s performance evaluations of the Contractor. Those qualifying may have retainage reduced upon request of the Contractor with consent of surety. This request must be processed through the Project Engineer. If at any time during the performance of the work, the evaluation of the Contractor changes, retainage reduction may be reconsidered.

After 15 percent project completion and upon request, Contractors with “A” evaluations for the last two years may be reduced from 5 percent to 2 percent. Project completion percentage will be based upon actual work completed (excluding monies paid for stored materials). An interim evaluation of the current project would need to be completed and must be an “A”. Contractors with “A” evaluations for the last two years may petition to have all retainage at that point released upon completion of a significant milestone. Release of full retainage will be at the discretion of the Project Engineer. Retainage will continue at 2.0 percent until the next milestone or completion of the contract. At 50 percent project completion and upon request, Contractors with “B” evaluations or any combination of “A” and “B” evaluations for the last two years may be reduced from 5 percent to 2.5 percent, and remain at that level until released upon final payment. Project completion percentage will be based upon actual work completed (excluding monies paid for stored materials). An interim evaluation of the current project would need to be completed and would need to be an “A” or “B”. Contractors with “C” evaluations or any combination of “C” and “D” evaluations for the past two years will begin and remain at 5 percent for the life of the project. Contractors with a “D” evaluation for the last two years will begin at 5 percent. Project performance will be evaluated monthly with the retainage being raised to 10 percent for continued “D” performance. New Bidders. Contractors who have not been previously rated by the Authority may be eligible for a reduction in retainage. To be eligible, their past performance on highway and bridge work shall be documented by the government agency with whom they had a contract and their performance shall be documented on Authority forms.




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PAYMENT

TC-7.07 LATE PAYMENTS 134 ADD: The following at the end of the section. (e) Payments will be made within thirty (30) days of the date when the contract amount

becomes due and payable or the date of receipt of a proper invoice, whichever is later. The State's failure to remit payment within forty-five (45) days from that date may entitle the Contractor to interest at the rate of 9 percent per annum beginning on the 31st day.




60

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SECTION 104 – MAINTENANCE OF TRAFFIC

104.00 GENERAL. 148 ADD: The following.

This project affects Interstate 95 (the John F. Kennedy Memorial Highway Facility) in Harford and Cecil Counties. Additionally, this project affects Old Joppa Road, Abingdon Road, and MD 136 in Harford County, and also MD 222, Winch Road, MD 272, Union Church Road, Deaver Road, and MD 316 in Cecil County. This work will require coordination with the Maryland Transportation Authority who may require that notification of traffic control changes be provided to and coordinated with the Maryland State Highway Administration Districts 2 and 4, Harford County and Cecil County.




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SECTION 104 – MAINTENANCE OF TRAFFIC SECTION 104.01 – TRAFFIC CONTROL PLAN (TCP)

104.01.01 DESCRIPTION.

149 DELETE: The fourth paragraph sentence: “Refer to the Contract Documents for Work Restrictions.” in its entirety. INSERT: The following.

Agency Contacts.

CONTACT TITLE / OFFICE PHONE NUMBER Mr. John Lohmeyer JFK Facility Administrator 410-537-1101

Mr. Eric Rumer JFK Facility Maintenance Supervisor

410-537-8102

Mr. Eric Morris JFK Facility Maintenance Supervisor

410-537-8153

Ms. Roxane Y. Mukai MDTA Traffic Manager 410-537-7848 Maryland State Highway Administration Contacts

CONTACT TITLE / OFFICE PHONE NUMBER Mr. Jeffrey Wentz MDSHA ADE Traffic – District 2 410-778-3061 Ms. Erin Kuhn MDSHA ADE Traffic – District 4 410-229-2381

Harford County Contact

CONTACT TITLE / OFFICE PHONE NUMBER Ms. Cheryl L. Banigan Chief, Traffic and Transportation

Planning 410-638-3545

Cecil County Contact

CONTACT TITLE / OFFICE PHONE NUMBER Mr. Wesley Wagner Chief, Engineering and

Construction 410-996-5268

A site-specific Traffic Control Plan has not been developed for all work areas of this contract. Instead, the Contractor is directed to use the appropriate MSHA, Book of Standards for Highways and Incidental Structures, Temporary Traffic Control Typical Applications (MD 104.00-01 thru MD 104.06-25) for all work with the following site specific plans for the following nine (9) work areas:




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MD 272 over I-95

MD 104.04-01 Shoulder Work

MD 104.04-03 Left Lane Closure

MD 104.04-05 Right Lane Closure

MD 104.05-13 Auxiliary Lane Closure at Exit/Entrance Ramp

MD 104.05-15 Entrance Ramp Treatment

MD 136 (Calvary Road) over I-95 and MD 222 over I-95


MD 104.02-10 Flagging Operation

Old Joppa Road, Abingdon Road, Winch Road, Union Church Road, Deaver Road, and MD 316 over I-95


MD 104.02-10 Flagging Operation

Work Restrictions. The Contractor shall notify MDTA Traffic 45-days in advance of initiating work that will restrict the number of available travel lanes. The Contractor’s notification to MDTA shall include information on the specific location. MDTA Traffic has to complete a significant amount of coordination with local stakeholders prior to construction operations commencing. No lane closures shall be made without prior written approval of the Engineer in the form of an Authority lane/shoulder closure permit. The Authority is not responsible for lost workdays resulting from the Contractor failing to submit schedules or providing notification of maintenance of traffic requirements in a timely manner. Other contractors may be actively working in or around the vicinity of this project. The Contractor shall cooperate with and coordinate work activities with contractors in adjoining or overlapping work areas. The Contractor is responsible for obtaining lane/shoulder closure or other Permits from all affected agencies that require permits for work on their right of way, including those listed in this Special Provision. The Contractor shall make contact with the representative from the affected agency, through the Project Engineer and provide a copy of all coordination correspondence to the Authority. Sufficient time shall be allowed for review and approval of the permit application.




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ALLOWABLE LANE CLOSURE SCHEDULE

JOHN F. KENNEDY MEMORIAL HIGHWAY (I-95 NORTHBOUND & I-95 SOUTHBOUND)

TIME OF DAY DAYS OF THE WEEK ALLOWED CLOSURES

Continuous Monday - Sunday Shoulder Closure 9:00 AM – 3:00 PM Monday – Thursday Single Lane Closure 9:00 PM – 5:00 AM Monday – Thursday Single Lane Closure

9:00 AM – 12:00 Noon Friday Single Lane Closure 11:00 PM – 5:00 AM Monday – Thursday Double Lane Closure

12:00 Midnight – 5:00AM Monday – Thursday Triple Lane Closure

MD 136, MD 222, MD 272, & MD 316


Continuous Monday - Sunday Shoulder Closure 9:00 AM – 3:00 PM Monday – Friday Single Lane

9:00 PM – 5:00 AM Sunday night – Friday

morning Single Lane

Old Joppa Road, Abingdon Road, Winch Road, Union Church Road, & Deaver Road


Continuous Monday - Sunday Shoulder Closure 9:00 AM – 3:00 PM Monday - Friday Single Lane

8:00 PM – 5:00 AM Sunday night – Friday

morning Single Lane




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Work is not permitted on the holidays, or work day preceding and following holidays indicated below with an “X”:

New Year's Day, January 1 Martin Luther King's Birthday, the third Monday in January President’s Day, the third Monday in February Good Friday Easter Weekend Memorial Day, the last Monday in May Independence Day, July 4 Labor Day, the first Monday in September Columbus Day, the second Monday in October

No lane closures are permitted two days before, two days after and on the following Holidays:

Thanksgiving Holiday, the fourth Thursday in November Christmas Day, December 25

If a holiday happens to fall on a Thursday, Friday or Monday, no closures will be permitted on the Holiday, the day preceding or following the Holiday nor the Saturday or Sunday of that weekend.

The Engineer reserves the right to modify or expand the methods of traffic control or working hours as specified in the Contract Documents. Any request from the Contractor to modify the work restrictions shall require written approval from the Engineer at least 72 hours prior to implementing the change. The Contractor shall submit a copy of the current work restrictions with the written request for modification. As directed by the Engineer, temporary lane and shoulder closures will not be permitted during periods of falling precipitation, in heavy fog or otherwise poor visibility, or in the event of emergencies such as serious traffic accidents or unusually severe traffic congestion. In the event that a temporary lane or shoulder must be reopened as directed by the Engineer or authorized Authority staff, the Contractor shall evacuate all equipment, materials and personnel from the lane within thirty (30) minutes.

149 ADD: The following after the last paragraph, “Any monetary savings...and the Administration.”

When closing or opening a lane on freeways, expressways, and roadways with posted speed ≥ 45 mph, a work vehicle shall be closely followed by a protection vehicle (PV) during installation and removal of temporary traffic control devices. A PV shall also be provided




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for all work zones adjacent to active travel lanes. The PV shall consist of a work vehicle with approved flashing lights, a truck-mounted attenuator (TMA) with support structure designed for attaching the system to the work vehicle, and arrow panel (arrow mode for multilane roadways and caution mode on two-lane, two-way roadways) The work vehicle size and method of attachment shall be as specified in the TMA manufacture’s specification as tested under NCHRP Test Level 3. When a temporary lane or shoulder closure is in effect, work shall begin within one hour after the lane is closed. Any delay greater than one hour with no work in progress shall require the Contractor to remove the lane closure at no additional cost to the Administration. The Contractor's Certified Traffic Manager shall attend Pre-Construction meetings and shall discuss traffic control and the Traffic Control Plan including procedures to be implemented for lane closures.

All closures shall be in conformance with the approved TCP and under the direction of the Contractor's Certified Traffic Manager and the Engineer. Workers and equipment, including temporary traffic control devices needed for setting up a lane closure or restriction, are prohibited in the lane or shoulder to be closed or restricted before the time permitted in the Contract work restrictions unless otherwise noted below or as approved by the Engineer. Temporary traffic control devices to be used for lane/shoulder closure may be placed on the shoulder of the roadway by workers no earlier than 15 minutes prior to actual time lane/shoulder closure or restriction is permitted. Temporary traffic signs may be displayed to traffic at this time. Workers shall not enter a lane open to traffic. Workers may be present on shoulders to prepare for lane closure setup no earlier than 15 minutes prior to actual time lane/ shoulder closure or restriction is permitted. All temporary lane or shoulder closures shall be restored at the end of the closure period and no travel lane shall be reduced to less than 11 ft. Prior to opening the closed lane or shoulder, the Contractor shall clear the lane or shoulder of all material, equipment, and debris. On I-95 no equipment, material or debris shall be stored or permitted to stand in open areas closer than thirty (30) feet from where traffic is being maintained unless protected by traffic barrier. On MD 136 (Calvary Road), MD 222, and MD 272 no equipment, material or debris shall be stored or permitted to stand in open areas closer than twenty-four (24) feet from where traffic is being maintained unless protected by traffic barrier. On MD 316 no equipment, material or debris shall be stored or permitted to stand in open areas closer than sixteen (16) feet from where traffic is being maintained unless protected by traffic barrier.




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Equipment, material or debris stored behind protective barrier shall not be less than four (4) feet distance from the outside face (farthest face from traffic lane) of the protective barrier. The Contractor’s employees shall not park their vehicles within the right-of-way of the through highway, unless written permission for an exception is given by the Engineer.

The Contractor is not permitted to have temporary/short-term shoulder closures on both sides of the road at the same time (left-side and right-side shoulder). Failure to restore full traffic capacity within the time specified will result in a deduction being assessed on the next progress estimate in conformance with the following. This is in addition to the requirements specified in TC-4.02.

ELAPSED TIME, MINUTES

DEDUCTION

1 - 5 $ 75.00

Over 5

$ 50.00 per Minute (In addition to the

Original 5 minutes)




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SECTION 104 — MAINTENANCE OF TRAFFIC

SECTION 104.02 –MAINTENANCE OF TRAFFIC.

104.02.04 MEASUREMENT AND PAYMENT 155 DELETE: The first paragraph. INSERT: The following. 104.02.04 MEASUREMENT AND PAYMENT. Unless otherwise specified,

Maintenance of Traffic will not be measured but will be paid for at the Contract lump sum price. The payment will be full compensation for relocating, turning, completely covering and uncovering or removing and resetting, maintaining in like new condition, and cleaning existing and temporary traffic signs and other traffic control devices. Included is the inventory of all existing pavement markings and the treatment of any other traffic control device not included in these Specifications but necessary for the fulfillment of the Contract requirements and implementation of the approved Traffic Control Plan, and for all material, labor, equipment, tools, and incidentals necessary to complete the work. Payment of the Contract lump sum price will be made following completion of the work on each individual bridge and will be prorated and paid in equal amounts on each monthly estimate. The number of months for prorating the individual payments will be the number shown on the contractor’s CPM schedule for completing the work on each individual bridge.




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SECTION 104.07 –ARROW PANEL (AP). 104.07.01 DESCRIPTION.

159 DELETE: The second and third paragraphs “Furnish APs that are………units unless

otherwise specified” and “APs shall have both ………dimmer device is operational.

104.07.03 CONSTRUCTION.

160 ADD: The following after the first paragraph.

Furnish APs that are self-contained, vehicle-mounted or portable, and approved. Use self-contained trailer units unless otherwise specified.

Provide APs that have both manual and automatic dimmer devices capable of reducing the light intensity by 50 percent. Periodically clean the photocells in order to prevent malfunctioning of the brightness control. Dimmer devices are mandatory during night operation. The devices shall include a fail-safe system that ensures maximum brightness during daytime operations and a reduction in brightness of up to 50 percent during periods of darkness, regardless of which dimmer device is operational.

The AP’s shall provide full illumination within at least a 24-degree cone perpendicular to the panel face.

Power Supply. The AP shall operate from a solar powered electrical system and consist of

battery power and solar array panels, and be capable of providing power supply to the AP for 21 consecutive days without auxiliary charge.

ADD: The following after the Arrow Panel Lamp Options table.

Arrow Board Type Minimum Size Minimum Legibility

Distance Minimum Number

of Elements A 48x24 in. ½ mile 12 B 60x30 in. ¾ mile 13 C 96x48 in. 1 mile 15 D None* ½ mile 12

* Length of arrow equals 48 in. width of arrowhead equals 24 in.




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2 of 2 DELETE: (b) “Aim the AP at approaching………that the display is level”.

INSERT: (b) “Aim the AP at approaching traffic in conformance with the minimum

legibility distances specified above. Ensure that the display is level”.




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CATEGORY 100 PRELIMINARY

SECTION 104.08 – TEMPORARY TRAFFIC SIGNS (TTS).

104.08.04 MEASUREMENT AND PAYMENT.

160 DELETE: First paragraph on this page “Temporary Traffic Signs will be…to complete the work”. INSERT: The following. Temporary Traffic Signs (TTS) will be incidental to the contract lump sum price for Maintenance of Traffic.




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166 DELETE: Section 104.11 TEMPORARY PAVEMENT MARKINGS. in its entirety. INSERT: The following. SECTION 104.11 –TEMPORARY PAVEMENT MARKINGS. 104.11.01 DESCRIPTION. Furnish, install, and remove temporary pavement markings as specified in the Contract Documents or as directed by the Engineer. These markings shall include lines, letters, numbers, arrows, and symbols. 104.11.02 MATERIALS. Removable Preformed Pavement Marking Material Refer to the Nontoxic Lead Free Waterborne Pavement Markings Contract Documents Black Out Tape QPL 104.11.03 CONSTRUCTION. 104.11.03.01 Quality Assurance/Quality Control. Quality control testing shall be completed by the Contractor’s Administration certified technicians. The Engineer will complete the quality assurance checks in conformance with MSMT 729 by performing the Nighttime Visibility Evaluations. 104.11.03.02 Warranty Period. The Contractor shall maintain and be responsible for any defects in the pavement markings for a period of 180 days from the date of application. The Contractor shall replace the pavement markings as necessary within this period as directed by the Engineer at no additional cost to the Authority. Refer to GP-5.11. 104.11.03.02 Application and Removal. The pavement markings shall be applied in conformance with the manufacturer’s recommendations and the Contract Documents. Markings shall be applied in the same direction as the flow of traffic. The markings shall be located as specified in the Contract Documents or as directed by the Engineer. Pavement markings may be applied to either new or existing paved surfaces. When applied to newly paved surfaces, the markings shall be placed before traffic is allowed on the pavement. Nontoxic lead free waterborne pavement markings shall be used for all temporary pavement markings except for the final surface. However, the Contractor may use removable preformed pavement markings at no additional cost to the Authority. When at the “end of season”, the temperatures are too low to allow the placement of removable tape on the final surface, a written exception request may be submitted to the Engineer to allow the use of nontoxic lead free waterborne paint in lieu of removable tape until the following striping season.




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2 of 3 When it is appropriate to shift lanes, all nonapplicable pavement markings within the travel way and adjacent to the travel way as directed by the Engineer shall be completely removed. Temporary pavement markings shall be applied to all concrete bridges deck surfaces following surface preparation and prior to the application of the deck sealer as specified in Section 400.01 – Concrete Bridge Deck Sealing protection System. Surface Condition. Prior to application of pavement markings, the pavement surface shall be clean, dry, and free of all contaminants, including curing compound, dirt, and loose particles. Residual pavement markings shall be removed. Loose or poorly constructed markings shall also be removed. Pavement Marking Removal. All removable preformed pavement markings shall be completely removed prior to application of the permanent markings. On stage construction or final surfaces of portland cement concrete pavements, any objectionable adhesive residue shall be removed by water blasting or other methods as may be approved by the Engineer. Open flame is prohibited to remove adhesive residue, or any pavement markings. The Contractor shall remove all nonapplicable pavement markings so that there is no damage to the existing or final surface. Retroreflectance. The initial retroreflectance readings for temporary pavement markings shall be a minimum of 250 and 150 millicandellas/lux/square meter for white and yellow, respectively. The Engineer will monitor the pavement markings in conformance with MSMT 729 during the Contractor’s 180 day period of responsibility. 104.11.04 MEASUREMENT AND PAYMENT. Payment for Removable Preformed Pavement Markings, Removal of Removable Preformed Pavement Markings, Nontoxic Lead Free Waterborne Pavement Marking Paint, and the Removal of Existing Pavement Markings will be measured and paid for using one or more of the items listed below and as specified in the Contract Documents. The payment will be full compensation for furnishing, placing, complete removal of lines, letters, numbers, arrows, symbols, and the removal of all residue. In addition, payment will cover maintenance and replacement during the 180 day period, and for all material, labor, equipment, tools, and incidentals necessary to complete the work. Removal and replacement of temporary pavement markings required beyond the 180 day period will be measured and paid for at the Contract unit price for the pertinent temporary pavement marking item. Temporary markings replaced during the 180 day period as a result of plowing (as determined by the Engineer) will be paid for at the Contract unit price for the pertinent temporary marking item. (a) Nontoxic Lead Free Waterborne Pavement Marking Paint-in width specified-per linear foot. (b) Removable Preformed Pavement Line Markings-in width specified-per linear foot. (c) Removable Preformed Letters, Symbols, Arrows, and Numbers per each. (d) Removal of Removable Preformed Pavement Markings-any width-per linear foot. (e) Removal of Removable Preformed Letters, Symbols, Arrows and Numbers per each. (f) Removal of Existing Pavement Line Markings-any width per linear foot.




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(g) Removal of Existing Letters, Symbols, Arrows, and Numbers per each.

(h) Black Out Tape Lines-in width specified-per linear foot.

(i) Removal of Black Out Tape Lines-any width-per linear foot.




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SECTION 104.12 – DRUMS FOR MAINTENANCE OF TRAFFIC

104.12.02 MATERIALS.

169 ADD: The following to the end of the first paragraph.

Drums may include recycled plastic content. The drum base may contain up to 100 percent recycled content. 104.12.03 CONSTRUCTION. ADD: The following to the end of the third paragraph. Damaged drums shall be recycled to the extent possible. The disposition of the damaged drums shall be provided prior to payment for any replacement drums. 104.12.04 MEASUREMENT AND PAYMENT.

169 DELETE: First paragraph on this page “Drums for Maintenance of Traffic will be…to complete the work”. INSERT: The following. Drums for Maintenance of Traffic will be incidental to the lump sum item of 104.02 Maintenance of Traffic.




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SECTION 104.14 – CONES FOR MAINTENANCE OF TRAFFIC

104.14.02 MATERIALS.

171 DELETE: First paragraph on this page “Cones shall be…an upright position”. INSERT: The following. All cones shall meet MdMUTCD and be new or like new condition. All cones shall be orange in color. Cones shall be at least 28 in. high, 10 in. diameter at the inside of the base, and reflectorized with two white retroreflective stripes. The top stripe shall be 6 in. wide and located 3 to 4 inches from the top of the cone. The second stripe shall be 4 in. wide and located 2 inches below the top band. Tall-Weighted Cones. When specified, tall-weighted cones shall be at least 42 in. high and 7 in. diameter at the inside of the base. Tall-weighted cones shall be manufactured of low density polyethylene (LDPE) and have four high performance wide angle white and orange retroreflective stripes. The stripes shall be horizontal, circumferential and 6 in. wide. Alternate stripe colors with the top stripe being orange. Any nonretroreflective spaces between the orange and white stripes shall not exceed 1/2 in. 104.14.03 CONSTRUCTION. ADD: The following after the first paragraph “The Contractor’s name…away from traffic”. Equip all cones with approved weights or anchor collars, (15 lb maximum) as needed to maintain an upright position. Anchor collars shall fit to the base of the cone. For tall-weighted cones use anchor collars weighing 10 to 30 lb.



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SECTION 104.21 – CELLULAR TELEPHONES 104.21.01 DESCRIPTION. Furnish and maintain new or like new cellular telephones for use by the appropriate Administration personnel. Each telephone shall be furnished with a hands-free device and be delivered to the Engineer at time of Notice to Proceed, fully activated and operational. They shall remain operational until returned to the Contractor at final acceptance of the entire project in conformance with GP-5.13. 104.21.02 MATERIALS. Cellular Telephones As approved by the Engineer 104.21.03 CONSTRUCTION. Not applicable.

104.21.04 MEASUREMENT AND PAYMENT. The number of cellular telephones required for this Contract is 2. The cellular telephones will not be measured but will be incidental to the Contract price for the Engineer’s Office item. If an item for Engineer’s Office is not specified, payment for the cellular telephones will be incidental to the payment for Mobilization. In the absence of either item, payment will be incidental to the other items specified in the Contract Documents. The payment will be full compensation for furnishing the telephones and hands-free devices, activation fees, battery replacement, monthly service fees, extended coverage charges, air time (peak and nonpeak time per minute), roaming rates, long distance fees in conformance with the schedules provided, and for all material, labor, equipment, tools, and incidentals necessary to complete the work. If any of the telephones become defective, are stolen, or for any other reasons do not function as intended, they shall be replaced in-kind at no additional cost to the Administration. Nonfunctioning or stolen telephones shall be replaced within eight hours after the Contractor is notified by the Engineer. Ownership of the telephones will remain with the Contractor. The Administration assumes no responsibility or liability for the condition of the telephones when they are returned.



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SECTION 104 MAINTENANCE OF TRAFFIC

SECTION 104.31-ACCESSIBLE PEDESTRIAN MAINTENANCE OF TRAFFIC.

104.31.01 DESCRIPTION. Provide and maintain an accessible pedestrian route, to the “maximum extent feasible”, throughout the project’s limits. When an existing pedestrian access route within the public right of way is blocked by construction, alteration, or maintenance activity, an alternate accessible pedestrian route shall be provided. The phrase to the “maximum extent feasible” applies in areas where the nature of an existing facility or site conditions makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alternate accessible pedestrian route shall provide the maximum physical accessibility that is feasible, or a design waiver must be approved by SHA’s Office of Highway Development. 104.31.02 MATERIALS. Not applicable 104.31.03 CONSTRUCTION. The following considerations shall be taken into account when addressing accessible pedestrian maintenance of traffic:

(a) All pedestrians, including persons with disabilities, shall be provided with a reasonably safe, convenient and accessible path that replicates as much as practicable the existing pedestrian facilities.

(b) The width of the existing pedestrian facility should be maintained if practical. When it is

not possible to maintain a minimum width of 60 in. throughout the entire length of the pedestrian route, a minimum width of 36 in. shall be provided with 60 x 60 in. passing zones at least every 200 ft, to allow individuals in wheelchairs to pass.

(c) Traffic control devices and other construction materials and features shall not intrude into

the usable width of the sidewalk, temporary pathway or other pedestrian facility.

(d) Signs and other devices mounted lower than 7 ft above the temporary pedestrian pathway shall not project more than 4 in. into accessible pedestrian route.

(e) A smooth, continuous hard surface shall be provided throughout the entire length and width

of the pedestrian route throughout construction. There shall be no curbs or vertical elevation changes greater than 1/4 in. in grade or terrain that could cause tripping or be a barrier to wheelchair use. Vertical elevation differences between 1/4 in. and 1/2 in. shall be beveled at a maximum 2:1 slope.



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(f) When channelization is used to delineate a pedestrian pathway, a continuous detectable edging should be provided throughout the length of the facility such that pedestrians using a white cane can follow it. Edging should protrude at least 6 in. above the surface of the sidewalk or pathway with the bottom of the edging a maximum of 2.5 in. above the surface

(g) Temporary ramps shall be provided when an alternate pedestrian route crosses a curb and no

permanent ramps are in place. The width of the ramp shall be a minimum of 36 in. and the slope of the ramp shall not exceed 12:1. Temporary detectable warning mats must be installed at street crossings and signalized entrances.

(h) When possible, an accessible pedestrian route shall be provided on the same side of the

street as the disrupted route. When it is not feasible to provide a same-side accessible pedestrian route an accessible pedestrian detour route shall be provided.

(i) Information regarding closed pedestrian routes, alternate crossings, and sign and signal

information shall be communicated to pedestrians with visual disabilities by providing devices such as audible information devices, accessible pedestrian signals or barriers and channelizing devices that are detectable to the pedestrians traveling with the aid of a white cane or who have low vision.

(j) It is desirable that pedestrians cross to the opposite side of the roadway at intersections

rather than mid-block. Appropriate signing shall be placed at the intersections.

(k) Access to transit stops shall be provided and maintained at all times. 104.31.04 MEASUREMENT AND PAYMENT. Unless otherwise specified, Accessible Pedestrian Maintenance of Traffic will not be measured but the cost will be incidental to the Lump Sum item for Maintenance of Traffic. The payment will be full compensation for all materials, labor, equipment, tools, and incidentals necessary to complete the work.




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SECTION 113 – DIGITAL CAMERA

113.01 DESCRIPTION. Furnish a new or like new digital camera with a Color Inkjet Printer for use by Authority personnel. The digital camera and printer shall be delivered to the Engineer at the time of the Notice to Proceed. They shall remain operational and not be returned to the Contractor until final acceptance of the entire project, in conformance with GP-5.13. 113.02 MATERIALS.

(a) Digital Camera. The digital camera shall meet the following requirements and be furnished with the specified accessories:

(1) Windows 2000, ME, XP compatible operating system.

(2) Photo Suite, Photo Deluxe, Picture Works, Photo Shop, or similar Photo Managing Software.

(3) 4.0 megapixel image resolution (minimum).

(4) 3X optical zoom (minimum).

(5) Two (2) sets of rechargeable batteries.

(6) SmartMedia Card or memory stick (512 MB minimum).

(7) Pop-up or built-in flash modes.

(8) All items required for quick downloading.

(9) Auto-quick focus.

(10) Lens Cover, Shoulder Strap, and Carrying Case.

(11) AC adapter and Battery Charger.

(b) Color Inkjet Printer. The printer shall conform to the following minimum requirements:

(1) Resolution of 2400 x 1200 DPI (dots per inch).

(2) Print speed of 17 PPM (pages per minute) for black and white and 13 PPM for color.

(3) Memory 8 MB.

(4) Duty cycle of 5000 pages/month.

Office-jets and Bubble-jets will not be accepted.




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113.03 CONSTRUCTION. Not applicable. 113.04 MEASUREMENT AND PAYMENT. The Digital Camera will not be measured but the cost will be incidental to the Contract price for the Engineers Office item. If an item for Engineers Office is not specified, payment for the digital camera will be incidental to the payment for Mobilization. In the absence of either item, payment will be incidental to the other items specified in the Contract Documents. If the digital camera or printer becomes defective, is stolen, or for any other reason does not function as intended, it shall be replaced with an approved camera or printer at no additional cost to the Authority. A nonfunctioning or stolen camera or printer shall be replaced within eight hours after the Engineer notifies the Contractor. Ownership of the camera and printer will remain with the Contractor. The Authority assumes neither responsibility nor liability for the condition of the camera when returned.




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CATEGORY 400 STRUCTURES

SECTION 400.01 – CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM

400.01.01 DESCRIPTION. Furnish and apply water repellent sealer to concrete deck surface. The limits of work shall be from Abutment joint to Abutment joint and from curb to curb in both directions of traffic. Both concrete approach slabs at Bridge No. CEXA0000 shall also be sealed from approach slab joint to the joint with the approach HMA pavement. 400.01.02 MATERIALS.

(a) Water Repellent Sealer. Clear, breathable, high-performance, 100 percent silane sealer for protecting existing concrete surfaces. Penetrates into concrete substrate, sealing out water, chloride ions, acids and prevents damage from freeze/thaw cycles.

(1) Acceptable Products:

i) Hydrozo 100 by BASF Building Systems ii) FX-427 by Fox Industries, Inc. iii) KlereSeal 9100-S by Pecora Corporation, or approved equal.

(b) Sealer Performance Requirements. Sealer shall have the following minimum performance: (1) Silane Content by Weight: 100 percent (ASTM D5095). (2) Penetration, average depth, depending upon substrate: 0.35 inch (9 mm). (3) Waterproofing Performance: Greater than 85% after abrasion (Alberta DOT B388). (4) Vapor Transmission Performance: Greater than 85% (Alberta DOT B388). (5) Surface Appearance after application: Unchanged. (6) Flash Point: Greater than 145 degrees F. (7) Water Weight Gain, NCHRP 244 Series II Cube Test: 85 percent reduction. (8) Absorbed Chloride, NCHRP 244 Series II Cube Test: 87 percent reduction. (9) Absorbed Chloride, NCHRP 244 Series IV Southern Climate: 98 percent reduction.

i) VOC Content: 365 g/L maximum.

400.01.03 CONSTRUCTION.

(a) Submittals. Submit the following drawings, plans, and information for accomplishing the work. Do not proceed with the work until the submittals are approved.

(1) Product Data: Submit manufacturer’s technical data sheets and instructions for each product. Submit additional technical data sheets that indicate the anticipated drying time when temperatures are below 70 degrees F and when relative humidity is above 50%. Technical data sheets shall be submitted for both normal concrete and latex modified overlay surfaces.




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(2) Qualifications: Submit list of project references documenting the following qualifications.

Include contact name and phone number of person charged with oversight of each project. i) Manufacturer Qualifications: Company with minimum 5 years experience in

manufacturing of specified products. ii) Manufacturer Certifications: Company shall be ISO 9001:2000 Certified or provide

evidence of an acceptable quality control program. iii) Applicator Qualifications: Company with a minimum of 5 years experience in

application and successful completion of a minimum of 5 projects using specified products on projects of similar size and scope.

The Contractor shall not construe approval of the submittals to imply approval of any

particular method or sequence for conducting the work, or for addressing health and safety concerns. Approval of the proposed plans shall not remove the Contractor’s responsibility to conduct the work in accordance with Federal, State, or Local regulations, this Specification, or to protect the health and safety of all workers involved in the project and any members of the public who may be affected by the project. The Contractor remains responsible for the adequacy and completeness of the programs and work practices, and adherence to them.

(b) Test Strips. Provide test strip application of sealer, as directed by the Engineer. The

following items will be performed on site with the presence of the Engineer. (1) Provide two (2) separate, on site, test strips with a footprint of at least 1000 square feet

each for the entire project. One test strip shall be provided for each of the following location: i) Normal reinforced concrete deck surface. ii) Latex Modified Concrete (LMC) deck surface.

(2) Conduct absorption test on cured field test strips in conformance with ASTM C1585 or as approved by the Engineer. Adjust application until required repellent performance is achieved.

(3) Apply material to test strips in accordance with manufacturer’s instructions. (4) Manufacturer’s representative or designated representative will review technical aspects, surface preparation, application and workmanship. (5) Field test strips will be standard for judging workmanship on remainder of project. (6) Obtain Engineer’s written approval of acceptance of field test strips before start of material application.

(c) Delivery, Storage, and Handling. Comply with manufacturer’s ordering instructions and

lead-time requirements to avoid construction delays. Deliver materials in manufacturer’s original, unopened, undamaged containers with identification labels intact. Store material in unopened containers in clean, dry area between 35 and 110 degrees F or in accordance with manufacturer’s instructions.

(d) Environmental Requirements. Minimum application temperature is 20 degrees F and

rising. Do not apply in rain or when rain is expected within 4 hours. Do not apply above 96 degrees F or below 40 degrees F when temperatures are expected to fall below 20 degrees F within 12 hours.




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3 of 3 (e) Mixing and Application. Mix and apply according to the manufacturer’s recommendations.

Prior to the application of the water repellent silane sealer, ensure that the concrete surfaces to be treated are thoroughly cleaned of all dust, dirt, oil, grease, chemical films, coatings, contaminants and deleterious material. Use waterblast, sandblast, or shotblast as necessary to achieve the desired surface condition, as verified by the manufacturer’s representative or designated representative. Do not apply sealer if standing water is visible on the surface to be treated.

(1) Apply sealer in accordance with manufacturer’s instructions. (2) Stir material thoroughly before and during application. (3) Apply sealer with flooding action. Eliminate ponding. (4) Apply even distribution of sealer.

(f) Material Precautions. Use the manufacturer’s Material Safety Data in handling and use of the material.

(g) Limitations of Operations. All traffic (Contractor’s or public) is prohibited on the repair

material until the curing of the material is complete.

Adequate time shall be allowed between the application of the sealer and opening to traffic so that the sealer will dry. Any ponding of material or accumulated liquid in the rain grooves shall be removed by squeegee, broom or other means to eliminate the material. All traffic (Contractor’s or public) is prohibited on the applied material areas during this period. Temporary striping of the roadway shall be performed before opening a lane for traffic if the existing striping has been removed due to surface preparation operations or for any other reason. Temporary striping shall remain in place until the sealant is applied and cured, then shall be removed and replaced with permanent pavement markings.

400.01.04 MEASUREMENT AND PAYMENT. The payment will be full compensation for all removal and cleaning, surface preparation, application, drying, disposal of material removed, field test strips and for all material, labor, equipment, tools, and incidentals necessary to complete the work. 400.01.04.01 Surface preparation, and the furnishing, placing, and curing of the protection system, including equipment, labor and materials necessary to accomplish the work will be measured and paid for at the Contract unit price per square foot for the Concrete Bridge Deck Sealing Protection System for Bridge item. 400.01.04.02 The actual areas placed and cured will be measured, exclusive of areas of metal expansion dams exposed on the finished surface.




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SECTION 400.02 – ADDITIONAL REPAIRS

400.02.01 DESCRIPTION. An allowance of $50,000.00 has been included in the proposal book to perform additional repairs assigned by the Engineer within any of the bridges included in the assigned scope of work. The scope of repairs will be determined by the Engineer. This item will only be used if necessary and will not be used without prior approval of the Engineer. 400.02.02 MATERIALS. Not applicable. 400.02.03 CONSTRUCTION. Not applicable. 400.02.04 MEASUREMENT AND PAYMENT. Payment for Additional Repairs as determined by the Engineer will be paid for under the Additional Repairs item. All work performed under this item will be measured and paid for in accordance with GP-9.02 of the Specifications. If the Contractor and the Engineer can agree upon unit prices or other method of payment, the agreed upon method of measurement and payment shall then be used. There is no guarantee that any or all of this item will be used during the term of the contract.




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SECTION 499 – WORKING DRAWINGS

499.03 CONSTRUCTION. 499.03.02 Consultant Engineering Firm. 454 ADD: The following after the first paragraph, “When the Contract...to that firm.” Working drawings for this Contract shall be submitted electronically as outlined in TC-4.01

Shop Plans and Working Drawings.

454 DELETE: The last paragraph on the page, “To expedite……….time extension.” in its entirety.

455 DELETE: The first paragraph on this page, “The Contractor, fabricator...for primary

review." in its entirety. INSERT: The following. The Contractor, fabricator, or supplier shall submit all working drawings, etc. for approval

in accordance with, and as outlined in TC-4.01. 455 In the 2nd and 3rd complete paragraphs

REPLACE: “Administration’s Office of Bridge Development.” WITH: “GEC Partners.” 455 DELETE: 499.03.03 Office of Bridge Development. In its entirety. 499.03.04 Revisions and Substitutions. 455 REPLACE: “Director-Office of Bridge Development.” WITH: “Director of Engineering-Maryland Transportation Authority.”




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1 of 3 CATEGORY 500

PAVING

SECTION 557 – SNOWPLOWABLE RAISED PAVEMENT MARKERS 557.01 DESCRIPTION. Furnish and install new Snowplowable Raised Pavement Markers (SRPM) and replacement components as specified in the Contract Documents or as directed by the Engineer. 557.02 MATERIALS. Castings Qualified Products List / 951.05 Pavement Marker Reflector Lenses Qualified Products List / 951.05 Epoxy 951.05 Snowplowable Raised Pavement Markers are durable materials. 557.03 CONSTRUCTION. Casting. Recycled iron castings are prohibited. Placement. Snowplowable Raised Pavement Markers shall be installed and located as specified in the Contract Documents and in conformance with the Maryland Manual of Uniform Traffic Control Devices (MdMUTCD). General Installation Requirements.

(a) The Contractor shall install the SRPM no later than two weeks after the completion of the final surface or as directed by the Engineer.

(b) At the time of installation, the road surface and ambient temperature shall be as specified in

the manufacturers’ recommendations. Installing markers on wet pavement surfaces as determined in MSMT 729 is prohibited.

(c) At the time of installation, the Contractor shall have on the jobsite all the materials necessary

to complete the installation.

(d) The quality control test strip containing a minimum of 10 groove cuts spaced as specified in the Contract Document shall be constructed to verify the accuracy and ability of the equipment and personnel. The Contractor shall replace at no additional cost to the Authority any incorrect groove cuts and any incorrect casting placements within the test strip.

(e) At the time of installation, SRPM castings delivered with Pavement Marker Reflector Lens

affixed should be free of dirt, dust, oil, grease, rust, moisture, or any foreign matter that will impair adhesion to the pavement. Any residual material that inhibits retroreflectivity of the reflector lens shall be removed without damage to the lens surface. It shall be the Contractor’s responsibility to clean each contaminated casting by sand blasting, wire brushing or other

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procedure approved by the Engineer to remove all foreign matter prior to installation. The use of chemicals to remove rust from the castings is prohibited.

(f) The Contractor shall replace at no additional cost to the Authority any incorrect groove cut

and any incorrect casting placement. An additional test strip may be required by the Engineer in the event of incorrect installations. Incorrect installations, as determined by the Engineer, shall be corrected and repaired by the Contractor at no additional cost to the Authority.

Pavement Marker Reflector Lens. Reflector lenses for pavement markers shall be the same color as the adjacent pavement marking except the back side shall be as follows;

(a) One-Way Applications: The backside for One-Way Markers shall be red or blank as specified in the Contract Documents or as directed by the Engineer.

(b) Two-Way Applications: The backside for Two-Way Markers shall be the same color as the

adjacent pavement marking.

The pavement marker reflector lens shall be imprinted with the model/batch number and the manufacturers’ name.

Castings. The casting shall be imprinted with the model number and the manufacturer's name. New Installation.

(a) The SRPM shall be installed in accordance with manufacturer’s recommendations and D 4383. The installed height shall not exceed 0.25 in. above the road surface. The surface of the keel and web shall be free of scale, dirt, oil, grease or any other contaminant which may reduce its bond to the epoxy adhesive. All requirements of the manufacturer’s installation instructions shall be met.

(b) The groove cut for the casting shall be the appropriate dimensions to allow 0.125 in.

movement side to side of the casting. All leveling lugs on the casting must contact the pavement. The leading and trailing edges of the casting must lie below the pavement surface and the casting properly seated. All other requirements of the manufacturer’s installation instructions shall be met.

(c) Lenses used shall be of a type specifically manufactured and approved for use as SRPM

reflector lenses. Lenses that are manufactured exclusively for recessed pavement markers are not permitted as substitutes for SRPM reflector lenses.

Replacement.

(a) Casting Replacement. The re-use of damaged or removed castings is prohibited.

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(b) Pavement Marker Reflector Lens Replacement. The Contractor shall remove and dispose of any damaged reflector lens and replace with a new lens. Previously installed undamaged castings which are missing a reflector lens shall have a new reflector lens installed. The replacement lenses shall be installed per manufacturer’s written instructions.

(c) Casting Groove Cut Replacement and Accuracy. The re-use of existing groove cuts is

prohibited; castings shall only be installed in new groove cuts. Previously used groove cuts shall be permanently patched in accordance with applicable sections of 504, 505 and 522 or as directed by the Engineer. The location of the replacement groove cut shall be within 10 percent longitudinally in front (with the direction of traffic) and no lateral deviation exceeding 1½ in.

Casting Adhesive. The epoxy adhesive used to fasten the castings to the pavement surface shall conform to D 4383-05 Table X1.1. Reflector Lens Adhesive in Casting. The adhesive used to fasten the reflector lens to the casting shall meet the manufacturers’ recommendations. Quality Assurance/Quality Control. Section 549. Observation Period. The Contractor shall replace at no additional cost to the Authority, any SRPM or Pavement Marker Reflector Lenses found to be damaged, non-retroreflective or missing due to improper installation or manufacturing defects within 180 days after opening to traffic. 557.04 MEASUREMENT AND PAYMENT. The payment will be full compensation for all pavement preparation, furnishing and placement of SRPM’s, testing, removal, groove cutting, repair and all materials, labor, equipment, tools and all incidentals necessary to complete the work.

(a) Snowplowable Raised Pavement Markers will be paid for at the Contract unit price per each. Furnishing and installing SRPM includes the casting, reflector, adhesive and grooving.

(b) Removal of existing Castings, excluding any incorrect installation by the Contractor, and

repair of Groove Cuts will be paid for at the Contract unit price per each.

(c) Replacement of Pavement Marker Reflector Lenses will be paid for at the Contract unit price per each.




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CATEGORY 500 PAVING

SECTION 559 — PERMANENT PREFORMED PATTERNED REFLECTIVE PAVEMENT MARKINGS

559.01 DESCRIPTION. Furnish and apply permanent preformed patterned reflective pavement (PPPRP) markings. 559.02 MATERIALS. Permanent Preformed Patterned Reflective Pavement Marking Materials 951.07 559.03 CONSTRUCTION. 559.03.01 General. PPPRP markings shall be applied in conformance with the manufacturer’s recommendations or as directed by the Engineer. On new hot mix asphalt projects, the PPPRP markings shall be inlaid into the hot surface of the top course of pavement. No top course paving shall be permitted unless the striping crew and marking materials are at the project site. When the Contract Documents specifies the use of PPPRP markings on concrete pavements or existing asphalt pavements, the Contractor shall use heat, solvent, or other type of adhesive primer in conformance with the manufacturer’s recommendations. Preformed legends and symbols shall conform to the applicable shape and sizes as specified in the MdMUTCD, and Contract Documents. PPPRP markings shall conform to pavement contours and be resistant to deformation by traffic and damage from snow removal equipment. Surface preparation, use of solvents and primers and equipment used in the application of PPPRP markings shall conform with the manufacturer’s recommendations and be approved by the Engineer. After PPPRP markings are applied, they shall be immediately ready for traffic. PPPRP markings shall only be applied to bridge deck surfaces which are clean and dry and free of any coating or sealants related to the Concrete Bridge Deck Sealing Protection System. This can be done by installing temporary pavement marking tape prior to sealing the bridge and removing that temporary tape prior to installation of the PPPRP markings. The Concrete Bridge Deck Sealing Protection System not be applied on top of PPPRP markings. 559.03.02 Quality Assurance/Quality Control. Refer to 549.03.01.

559.03.03 Cleaning Pavement Surfaces. Refer to 549.03.02. 553.03.04 Application. Refer to 549.03.03 and the following:




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2 of 3 (a) Manufacturer’s Recommendations. The Contractor shall provide a copy of the

manufacturer’s recommendations to the Engineer, and shall follow them for the installation of the line markings.

(b) Adherence. Adherence of PPPRP markings shall be randomly checked by using a paint

scraper or another approved tool, which shall be held nearly parallel with the highway surface, so there is no dislodging of the tape.

(c) Thickness. The finished thickness of the PPPRP markings shall have a minimum caliper of

0.060 in. at the thickest portion of the patterned cross section, and a minimum caliper of 0.020 in. at the thinnest portion of the cross section. Measurements shall be made from the top of finished pavement surface.

(d) Color. The color of the markings shall match Federal Standard 595 (33538 - yellow, 37886 –

white, or 37038 - black). The Contractor shall supply the specified color chips for the Engineer’s use to visually determine that the PPPRP markings match the specified color.

(e) Retroreflectance. Refer to MSMT 729 and the following:

MINIMUM RETROREFLECTANCE

COLOR RETROREFLECTIVITY

CORRECTIVE ACTION

White 350 or higher

Yellow 250 or higher None

White less than 350

Yellow less than 250

Necessary corrective actions, removal,

replacement

(f) Width. Refer to 549.03.01(a). (g) Alignment. Refer to 549.03.01(a). (h) Layout Markings. Refer to 549.03.01(a). 559.03.05 Quality Control Test Strip. Refer to 549.03.03. 559.03.06 Responsibility. Section 549. 559.03.07 Observation Period. The Contractor shall be responsible for any defects in materials and workmanship of the PPPRP markings for a period of 180 days from the date the markings are applied and under traffic.




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3 of 3 The Engineer will not assess time charges during the observation period provided all other work on the Contract is complete. At the end of the observation period, the Engineer will inspect the pavement marking for durability, color, reflectivity, and inform the Contractor of all pavement markings that have failed and require replacement. The pavement marking will be considered failed for any of the following conditions: (a) More than five percent of the substrate is exposed in any 2000 ft section of longitudinal

pavement marking line. (b) Retroreflectance values have dropped below 300 mcd/L/m2 for white or 220 mcd/L/m2 for

yellow. (c) Marking is discolored on a visual comparison with the color chips. The Contractor shall remove and replace all failed PPPRP markings within 30 days of receiving written notification from the Engineer at no additional cost to the Authority. Work shall be in conformance with the manufacturer’s recommendation and as approved by the Engineer before the project is accepted. The replacement markings shall conform to the same requirements as the original markings. If the work is not completed in this period, the Engineer will resume time charges until this work is completed. At the end of the observation period, the Engineer will accept the work and terminate the Contractor’s responsibilities upon satisfactory inspection of the PPPRP markings. 559.04 MEASUREMENT AND PAYMENT. Measurement and payment for the pertinent Permanent Preformed Patterned Reflective Pavement Marking items will be as specified in 549.04. The reflectometer will become the property of the Contractor at the completion of the project.




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CATEGORY 500 PAVING

SECTION 565 — REMOVAL OF EXISTING PAVEMENT MARKINGS

565.01 DESCRIPTION. Remove existing pavement markings (lines, letters, numbers, arrows, and symbols) during temporary or permanent traffic shifts, and repairing any roadway areas damaged during the removal process. This Specification does not apply to raised or recessed pavement markers. Temporary blackout tape shall be applied when existing pavement markings will require salvaging for reuse after completion of temporary traffic shifts necessary to perform work specified in the Contract Documents. Refer to 104.11.02. 565.02 MATERIALS. Not applicable. 565.03 CONSTRUCTION. The Contractor shall layout and apply all new pavement markings (temporary or permanent) as specified in Section 549 before any removal of existing pavement markings begin. 565.03.01 Quality Control/Quality Assurance. At least two weeks prior to the start of pavement markings removal, the Contractor shall submit a Quality Control Plan (QCP) to the Engineer for review. The QCP shall contain (as a minimum) the following information:

(a) How the Contractor proposes to perform the work while ensuring conformance with the Specifications.

(b) Proposed method of removal based on road conditions, type and number of equipment to be

used, manpower expectations, and time frame to complete the work based on maintenance of traffic (MOT) restrictions.

(c) Location and quantity of markings to be removed. (d) Protective shielding plan and containment system, particularly in the case of markings that

may contain toxic materials. The QCP shall also detail when, how, and what corrective actions will be taken for unsatisfactory construction practices and deviations from the Contract Documents. Any deviation from the QCP shall be cause for immediate suspension of work. Operations shall not resume without the Engineer’s approval. 565.03.02 Quality Control Test Strip. Prior to the beginning of work, the Contractor shall demonstrate the removal method to the Engineer for approval. A minimum of 100 ft of existing




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2 of 2 pavement markings shall be removed as a test strip at a location determined by the Engineer. If the method does not work or shows signs of damaging the road surface, then another method shall be tried. Additional control strips will be required. The preferred method is that which least damages the roadway and completely removes the markings. 565.03.03 Methods of Removal. The following removal methods are based on the pavement condition and type of marking material:

(a) Manual. A scraper or putty knife shall be used to lift tape from the pavement surface. Open

flame for tape removal is prohibited. (b) High Pressure Water Blasting. A high pressure water blast shall be used to break the bond

between the marking material and the pavement surface. The water blast may contain fine grit.

(c) Alternate Methods. Abrasive blasting or grinding methods shall be submitted for approval to

the Office of Materials Technology prior to use. 565.03.04 Cleaning Pavement Surfaces. Immediately behind the removal operation, a vacuum equipped street sweeper capable of removing all loose material shall be used to remove all dust and debris generated by the removal process prior to returning the area to traffic. The Contractor shall prevent debris from draining into inlets and waterways, and all debris shall be collected and disposed of on an approved spoil area or landfill. 565.03.05 Alignment. Removal shall be performed in a straight and uniform manner, and shall follow the longitudinal alignment of the markings with a lateral deviation of no more than 1 in. in any 10 ft section. Affected area shall not exceed 1/2 in. on either side of the existing marking. The depth shall be uniform throughout, 1/8 in. or less, with no gouge areas in the pavement surface. If a second pass is necessary to completely remove the markings, the edges of the groove shall be feathered to a width of 1.25 in. on each side for every additional 1/8 in. of depth. 565.03.06 Corrective Action. Any pavement surface damaged beyond the requirements specified herein by the Contractor’s operations shall be repaired or repaved as determined by the Engineer at no additional cost to the Authority. 565.04 MEASUREMENT AND PAYMENT. The removal of existing pavement markings will not be measured nor paid for, but will be incidental to the price per Square Foot for Concrete Bridge Deck Sealing Protection System established for each bridge. The payment will be full compensation for the removal of the markings, pavement clean up, test strips, protective shielding, containment, disposal of marking material and pavement debris, and for all material, labor, equipment, tools, and incidentals necessary to complete the work.




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CATEGORY 800

MATERIALS

SECTION 831 – MISS UTILITIES 831.01 DESCRIPTION. This work shall consist of contacting Miss Utility as required by Law and providing evidence of Miss Utility Marking of the construction area. 831.02 CONSTRUCTION. 831.02.01 The Contractor shall contact Miss Utility at 1-800-257-777 or through the ITIC One Call Internet Ticket Entry system at www.missutility.net and assure that all construction areas are marked for the presence of underground utilities where excavation, earthwork, earth penetration, or any other underground work or disturbance will take place. The Contractor shall maintain the utility location markings. The Contractor shall pay any Miss Utility fees. The Contractor shall submit copies of Miss Utility tickets to the Engineer as evidence of this work. 831.02.02 The Contractor shall at a minimum notify Miss Utility at least three (3) full business days prior to any anticipated digging. (Please note that this exceeds the minimum in the law.)

(a) When contacting Miss Utility the Contractor shall inform Miss Utility that the area requested for locating is on MDTA right of way/property if applicable.

(b) When completing a locate request form the Contractor shall insert the term MDTA and the

first part of the contract number (eg: MA-2341, FT-3224, KH-1302, etc...) within the “Work Being Done For” space on the Miss Utility ticket. The following example shall be used on the Miss Utility ticket “MDTA-MA-2341”.

831.02.03 For larger areas, or numerous small areas, that contain more than 2500 linear feet of utility marking the contractor must notify Miss Utility an additional full business day in advance, and an additional full business day in advance for each additional increment of 2500 linear feet of utility marking. 831.02.04 Requests for locate areas larger than 2,500 linear feet or for numerous smaller areas that contain more than 2,500 linear feet shall be at the approval of the Engineer and Chief Facility Maintenance Officer (CFMO); John Lohmeyer (CFMO, JFK) 410-537-1101. Requests shall be presented in writing to the Engineer and CFMO a minimum of five (5) business days prior to the minimum Miss Utility three (3) full business day notification as specified herein.




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831.02.05 For the purpose of project schedules the follow items are dependent on completion of the prior item with the durations given.

(a) For areas larger than 2500LF allow at least 5 business days notice to CFMO and Engineer. (b) Allow at least 3 business days + 1 business day per 2500LF increment of utility marking for miss utility ticket submittal and review. (c) Allow at least 1 business day per 2500 LF increment of utility marking for the on-site marking operation. All digging or earth disturbances, as defined in the applicable miss utility laws, in the affected area is dependent upon completion of the marking operation.

831.02.06 The MDTA is a Miss Utility Subscriber as of October 1, 2010. The MDTA will ONLY mark its own utilities that have not been disturbed under this contract after notification through the Miss Utility notification system. Coordination of exact schedules will be performed after Miss Utility tickets are submitted as specified herein. The Contractor shall supply the Engineer and the (CFMO) an advance construction schedule a minimum of three (3) weeks in advance of utility related construction. 831.02.07 Underground utilities and underground infrastructure installed, modified, relocated, or removed by the Contractor within the limits of construction shall be considered the Contractor’s responsibility and must be field located and marked by the Contractor, until such time as the Contractor submits both the completed contract and accurate contract ‘As Built’ plan documentation to the MDTA and the contract is accepted by the MDTA for maintenance. (a) The Contractor shall be required to comply with the “Miss Utility” marking standards, rules and regulations including marking colors and ticket response times. (b) The Contractor shall fully cooperate with the MDTA’s Facility CFMO and MDTA Utility locating personnel, other contractors, and 3rd parties with respect to field marking utilities installed, modified, relocated, or removed by the Contractor within this contract. The Contractor’s marking schedule shall be coordinated with the MDTA Utility locating personnel. (c) When the MDTA receives a “Miss Utility” request ticket from the One Call Center, the MDTA representative shall notify the Contractor via fax or email regarding the location of the marking needs. The Contractor must respond to the MDTA within two (2) full business days. The response must include:




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1. If the marking or a portion of the marking cannot be completed, a schedule for when the field marking will be completed. 2. If no utilities exist, a statement that no utilities installed, modified, relocated, or removed by the Contractor are present in the area. 3. If utilities have been marked, a statement that the underground utilities installed, modified, relocated, or removed under the contract have been marked for the ticket request area.

831.03 MEASUREMENT AND PAYMENT. This work will not be measured or paid separately, but shall be considered incidental to other work on the project.




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CATEGORY 800

MATERIALS

SECTION 875 – UTILITIES STATEMENT

875.01 DESCRIPTION. The Contractor's attention is called to the requirements of Sections GP-5.05, GP-7.13 and GP-7.17. 875.02 MATERIALS. Not Applicable. 875.03 CONSTRUCTION. (a) Attention of the Contractor is directed to the possible presence of various utilities

consisting of but not limited to: water, sewer, gas, electrical wires or ducts and/or conduit, communication cables (both overhead and underground), poles within the limits of construction. The Contractor shall exercise special care and extreme caution to protect and avoid damage to utility facilities as described in the preceding sentence. The Contractor shall take into consideration the possible adjustments and/or installations of the various utilities within the limits of construction. Existing utilities have been generally located and shown on the Plans as they are believed to exist; however, the Authority assumes no responsibility for the accuracy of these locations. The Contractor is directed to the “Miss Utility” Special Provisions included within these contract documents.

(b) The Contractor shall contact “MISS UTILITY” 1-800-257-7777 in accordance with

the “Miss Utility” Special Provision included within these Contract Documents. (c) The Contractor shall be responsible for the locating of all existing utilities and their

safety. Should any existing utilities be damaged or destroyed due to the operations of the Contractor, the damaged or destroyed components shall be immediately replaced or repaired as necessary to restore the utility to a satisfactory operating condition. These repairs or replacements shall be at no additional expense to the Authority or the owner of the utility. In the event of damage to any existing utility while under construction, please refer to the proceeding Emergency Utility Contact Information.




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EMERGENCY UTILITY CONTACT INFORMATION LIST

Utility Name Emergency Number Comments

Level 3 Communication Fiber Optic Cable

877-366-8344 (877-dont dig)

First Response

Gil Ceniceros Cell: 410-299-8205 First Response Tad Okninski Cell: 703-863-0117 Second Response

Primary : Office: 410-747-8590

1) Ray Edwards

Office: 410-582-5690 Cell: 443-506-4035

2) Jerry McVey

Office: 410-582-5690 Cell: 443-365-9826

3) Paul Runion

Office: 410-747-8590

Cell: 443-604-8158

SHA Fiber Optic Cable to Traffic Devices (i.e., DMS, Cameras, Sensors, etc.)

Cell/Pager: 443-365-9826

410-321-2800 Pager: 410-307-2624

SHA Lighting Les Towsend

Nextel Direct: 164*75*1654

MdTA Fiber Optic Cable to Traffic Devices (i.e., DMS, Cameras, Toll Facilities, etc.)

Contact State AOC (Advanced Operations Center)

410-537-1233 On Call Duty Contact: Page: 410-434-3318

MdTA Lighting John Lohmeyer

410-537-1102 I-95 North of Tunnel

Comcast Response Call Center

410-649-4944

BGE - Gas 410-685-0123 General Number, Use Prompts

BGE - Electric Distribution 410-685-0123 General Number, Use Prompts

BGE - Transmission Lines 410-685-0123 General Number, Use Prompts

Verizon Maint. Center

866-481-0100

Baltimore City Water Utility Maint. Division

410-396-7870 Baltimore City is responsible for the 108in. Conowingo water transmission main




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3 of 3 (d) The existing utilities requiring relocation or adjustment shall be relocated or adjusted by

the agency responsible for their maintenance or by the owner of the utility unless otherwise indicated in the Contract Documents. The Contractor shall give sufficient notice to the specific utilities of the Contractor's overall plan for construction. The utility companies will establish the lead time necessary to meet the applicable utility work schedule and coordinate with the Contractor's work operations based upon the Contractor's overall plan. Existing utilities shall remain in service for the duration of construction until relocated facilities are permanently installed and in service.

(e) Should Utility Relocation Designs or Utility assistance be required please contact the

MDTA-GEC Utility Coordinator Mr. Stuart Vosburg at 410- 931-0808.

875.04 MEASUREMENT AND PAYMENT. All Contractor responsibilities described above and referenced within the contract documents concerning the location and safety of existing utilities including but not limited to the protecting of utilities, removal of temporary materials from adjusted utilities and cooperation with the owners of the utilities and with other contractors will not be measured for payment and the cost will be incidental to the items specified in the Contract Documents.




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CATEGORY 900 MATERIALS

SECTION 950 – TRAFFIC MATERIALS

950.03 REFLECTORIZATION OF SIGNS AND CHANNELIZING DEVICES. DELETE: 950.03.03 Type IX Retroreflective Sheeting in its entirety. INSERT: The following. 950.03.03 Permanent Signs Retroreflective Sheeting. Retroreflective sheeting for permanent signs shall conform to ASTM D 4956-05, except as modified below:

MINIMUM REFLECTIVE INTENSITY VALUES FOR RETROREFLECTIVE SHEETING

Minimum Coefficient of Retroreflection·(RA) cd/(lx · m2) Per ASTM E-810 (Average of 0 and 90 degree orientation)

Observation Angle°

Entrance Angle°

White YellowFluor. Yellow

Fluor. Yellow-Green

Red Green Blue Fluor.

Orange

0.2 -4 570 425 340 455 114 57 26 170 0.2 30 215 160 130 170 43 21 10 64 0.5 -4 400 300 240 320 80 40 18 120 0.5 30 150 112 90 120 30 15 6.8 45 1 -4 120 90 72 96 24 12 5.4 36 1 30 45 34 27 36 9 4.5 2 14

INSERT: 950.03.07 Permanent Traffic Signs (PTS). Unless otherwise specified in the Contract Documents, retroreflective sheeting for permanent signs shall conform to 950.03.03.




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SECTION 951 — PAVEMENT MARKING MATERIALS

951.04 REMOVABLE PAVEMENT MARKING TAPE. Removable pavement marking tape shall remain in place on the pavement surface without being displaced by traffic, or affected by weather conditions. The material shall be capable of being removed without the use of heat, solvents, grinding, or sand blasting and shall not leave an objectionable residue. The material shall be of good appearance and free from cracks. Edges shall be true, straight and unbroken. Line marking material shall be in rolls having no more than three splices per 150 ft of length. All marking materials shall be packaged in conformance with accepted commercial standards and shall have a minimum shelf life of one year. Performance Requirements. When applied in conformance with the manufacturer’s recommendations, the material shall provide a neat, durable marking that will not flow or distort due to temperature if the pavement surface or underlying markings remain stable. The material shall be weather resistant and, through normal traffic wear, shall show no lifting or shrinkage that will significantly impair the intended usage of the tape throughout its useful life, and shall show no significant tearing while in place, or other signs of poor adhesion. The material shall be capable of easy removal without tearing into small pieces. 951.04.01 White and Yellow. Removable preformed pavement marking materials shall conform to the requirements of the MdMUTCD and the following:

(a) Composition. The marking material shall consist of a mixture of polymeric materials, pigment, and glass beads distributed uniformly throughout the surface.

(b) Color. The color of the marking materials shall match Federal Test Standard No. 595 for the

following color numbers:

White - 37925 Yellow - 38907

(c) Glass Beads. Glass beads shall conform to the General Requirements of M 247 and have a

minimum refractive index of 1.90 when tested as specified in MSMT 211. (d) Frictional Resistance. The British Pendulum Number shall be a minimum of 50 when tested

as specified in E 303. (e) Certification. Samples submitted to the Office of Materials Technology (OMT) for testing

shall be accompanied by the manufacturer’s certified analysis in conformance with TC-1.03. Any material supplied for a Contract shall be identical in composition to the material originally submitted for testing. Conformity will be determined by OMT.




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(f) Field Testing. Line marking materials conforming to the Contract Documents will be field tested by The National Transportation Product Evaluation Program (NTPEP) and over 180 day period as specified in MSMT 723 for conformance with the following: (1) Ease of Application - satisfactory. (2) Removability - a minimum rating of 2. (3) Residue Remaining at Time of Removal (day and night) - minimum rating of 2. (4) Durability, Appearance, and Night Visibility - minimum weighted rating of 4. (5) Loss or Movement - minimum rating of 2. Upon satisfactory completion of the field testing, the marking materials will be placed on OMT’s Qualified Products List. The material shall conform to all criteria for a minimum period of 120 days to be considered satisfactory.

951.04.02 Black. Removable preformed pavement marking materials shall conform to the requirements of the MdMUTCD and the following:

(a) Composition. The non-reflective blackout tape shall not contain metallic foil and shall consist of a mixture of high quality polymeric materials, pigments, and inorganic fillers distributed throughout its cross-sectional area, with a matte black non-reflective surface. The film shall be pre-coated with a pressure sensitive adhesive. A nonmetallic medium shall be incorporated to facilitate removal. For patterned materials, a minimum of 20 percent of the total surface area shall be raised and coated with nonskid particles. The channels between the raised areas shall be substantially free of particles.

(b) Color. The color of the blackout material shall match Federal Test Standard No. 595 for the

following color numbers:

Black - 37038 (or as approved by the Engineer) (c) Frictional Resistance. The British Pendulum Number shall be a minimum of 50 when tested

as specified in E 303. (d) Certification. Samples submitted to OMT for testing shall be accompanied by the

manufacturer’s certified analysis in conformance with TC-1.03.

Any material supplied for a Contract shall be identical in composition to the material originally submitted for testing. Conformity will be determined by OMT.

(e) Field Testing. Line marking materials conforming to the Contract Documents will be field

tested by The National Transportation Product Evaluation Program (NTPEP) and over a 180 day period as specified in MSMT 723 for conformance with the following:




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3 of 3 (1) Ease of Application - satisfactory. (2) Removability - a minimum rating of 2. The manufacturer shall show that the blackout

tape can be manually removed after its intended use, intact or in large pieces, at temperatures above 40 F without the use of heat, solvents, grinding, or sand or water

blasting. The blackout tape shall remove cleanly from existing markings that are adequately adhered to the pavement surface.

(3) Residue Remaining at Time of Removal (day and night) - minimum rating of 2. (4) Durability, Adhesion, Appearance, and Night Visibility - minimum weighted rating of 4.

The manufacturer shall demonstrate that the properly applied blackout tape adheres to the roadway and existing stable roadway markings under climatic and traffic conditions normally encountered in the construction work zone.

(5) Loss or Movement - minimum rating of 2. Upon satisfactory completion of the field testing, the marking materials will be placed on OMT’s Qualified Products List. The material shall conform to all criteria for a minimum period of 180 days to be considered satisfactory.

951.04.03 Packaging. Preformed pavement markings shipping package shall conform to the manufacturer’s shipping requirements to prevent damage during delivery and unloading of all shipments. The shipping package shall be marked with the following information placed on each container:

(a) Description of item. (b) Date of manufacture. (c) Successful Bidder’s Name. (d) Purchase Order Number. (e) Lot Number. (f) Color. (g) Installation instructions.




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SECTION 951 PAVEMENT MARKING MATERIALS

951.05 SNOWPLOWABLE RAISED PAVEMENT MARKERS (SPRPM) AND RECESSED PAVEMENT MARKERS (RPM). Pavement Marker Reflector Lenses. Pavement marker reflector lenses shall conform to the requirements of D 4383 and shall be comprised of materials with adequate chemical, water and UV resistance for the intended use. The reflector lens shall contain one or two prismatic reflective faces to reflect incident light from opposite directions. The reflector lens shall be in the shape of a shallow frustum of a pyramid. The bottom of the reflector lens shall be equipped with an elastomeric pad to permit its attachment to the surface of the casting using the manufacturer’s recommended adhesive. The lens faces shall provide extremely hard and durable abrasion resistant surfaces. Pavement marker reflector lenses shall be 4.00 x 2.00 x 0.46 in. The slope of the reflecting surface shall be 30 degrees and the area of each reflecting surface shall be 1.7in.2. The outer surface of the shell shall be smooth except in identification areas. The pavement marker reflector lens shall be imprinted with the model number and the manufacturer’s name. SPRPM Casting. Both ends of the casting shall be shaped to deflect a snow plow blade. The bottom of the casting shall incorporate two parallel keels and an arcuately shaped web designed to fit into a grooved surface. Casting dimensions shall be a minimum of 9.25 x 5.86 x 1.69 in. and shall not exceed 10.5 x 7.25 x 1.69 in. The installed height shall not exceed 0.25 in. above the road surface. The casting shall be nodular iron conforming to A 536, Grade 80-55-06, hardened to 51 to 55 RC. The surface of the keel and web shall be free of scale, dirt, oil, grease or any other contaminant, which may reduce its bond to the epoxy adhesive. The casting shall be imprinted with the model number and the manufacturer’s name. Recessed Pavement Marker Adhesive. The adhesive used to fasten the pavement marker lens to the pavement surface shall conform to D 4383-05 Table X1.4.2.3 M 237 Type II. Rapid Set Type adhesives shall not be used. Casting Adhesive. The epoxy adhesive used to fasten the castings to the pavement surface shall conform to D 4383-05 Table X1.1. Reflector Lens Adhesive in Casting. The adhesive used to fasten the reflector lens to the casting shall conform to the manufacturers’ recommendations.




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2 of 3 951.05.01 Field Testing. Materials conforming to SPRPM Specification shall be field evaluated at the National Transportation Product Evaluation Program (NTPEP) Northeast test deck for performance. Materials conforming to recessed pavement marker specification shall be field evaluated at any (NTPEP) test deck for performance. Materials performing satisfactorily throughout the test period will be placed on the Administrations Prequalified Materials List. All marking materials supplied during the Contract shall be identical in composition to the materials submitted for initial testing. Random sampling will be performed on projects sites. Conformity with these requirements will be determined by the Office of Materials Technology (OMT). 951.05.02 Facility Sampling. Random testing of samples will be performed by the Administration as Quality Assurance and certification verification. Materials will be periodically sampled at the manufacturer’s facility by the Administration. Each sample shall be accompanied by a certification showing compliance with the physical requirements of this Specification. Materials supplied during the Contract shall be identical in composition to the materials submitted for initial testing. Conformity with these requirements will be determined by OMT.

Sources supplying materials shall be submitted by the Contractor to the Engineer for approval in conformance with the Contract Documents.

The material manufacturer shall reimburse the Administration for the cost of sampling and shipment of the samples when sampled by the Administration.

Material Shipment. The components shall be shipped in containers sealed by the manufacturer. The label on each container shall include the following information:

(a) Manufacturer’s Name. (b) Place of Manufacture.

(c) Color of Material and Component Type.

(d) Date of Manufacture (month-year).

(e) Batch and Lot Identification Number.

(f) Size/quantity of lot represented.

951.05.03 Certification. The Contractor shall furnish notarized certification as specified in TC-1.03.




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The manufacturer shall certify that any SPRPM materials supplied during the Contract conforms to the identical composition of the samples submitted for evaluation on the NTPEP Northeast Test Deck, and identify the SPRPM materials by referring to the code used on the deck. PRPM materials which fail to conform will be rejected.

The manufacturer shall certify that any recessed pavement marker materials supplied during the Contract conforms to the identical composition of the samples submitted for evaluation on any NTPEP Test Deck, and identify the recessed pavement marker materials by referring to the code used on the deck. Recessed pavement marker materials which fail to conform will be rejected. The manufacturer shall also provide the following:

(a) Material Safety Data Sheets for all materials submitted for testing and use. (b) A facility, in operation, capable of producing the materials in the quantity and quality required

by the Administration. (c) A laboratory capable of performing the required tests. This laboratory will be subject to the

Administration’s approval.




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CATEGORY 900

MATERIALS

SECTION 951 — PAVEMENT MARKING MATERIALS 951.07 PERMANENT PREFORMED PATTERNED REFLECTIVE PAVEMENT (PPPRP) MARKING MATERIAL. The material shall be capable of adhering to hot mix asphalt and portland cement concrete surfaces, and to any existing pavement markings in accordance with manufacturer's recommendations by a pre-coated pressure sensitive adhesive. A primer shall be used to precondition the surface if recommended by the manufacturer. The markings shall be capable of being inlaid in new hot mix asphalt surfaces during the paving operation. The material shall be highly durable and retroreflective and shall be fabricated of a polymeric material designed for longitudinal and legend/symbol markings subjected to high traffic volumes and severe wear conditions, such as shear action from crossover or encroachment on typical longitudinal configurations, and where high levels of reflectivity are required to ensure the safety of the motoring public. The material shall be of good appearance and free from cracks. Edges shall be true, straight and unbroken. Line marking material shall be in rolls having no more than three splices per 150 ft of length. All marking materials shall be packaged in conformance with accepted commercial standards and shall have a minimum shelf life of one year. The material shall remain in place on the pavement surface without being displaced by traffic, and shall not be affected by weather conditions. 951.07.01 Permanent Preformed Patterned Reflective Pavement Marking Material Components. Composition. The material shall consist of a mixture of polymeric materials, pigments and reflective spheres distributed throughout the base cross-sectional area and reflective spheres bonded to the topcoat surface to provide immediate and continuing retroreflection. Restrictions. The combined total of lead, cadmium, mercury and hexavalent chromium shall not exceed 100 ppm. Diarylide based pigments and non-leachable lead pigmentation are not acceptable. The presence of these compounds shall be tested for compliance to the specification by X-ray diffraction, ICP, or another comparable method, capable of this level of detection. 951.07.02 Permanent Preformed Patterned Reflective Pavement Marking Material Physical Requirements. (a) Reflectance. The manufacturer shall certify that the white and yellow materials shall have the

minimum initial retroreflectance values of 350 mcd/L/m2 for white and 250 mcd/L/m2 for yellow markings in any 528 ft section. Reflectance shall be measured using a reflectometer with CEN 30-meter geometry (88.76 degree entrance angle and 1.05 degree observation angle).




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2 of 2 (b) Color. The color of preformed markings shall essentially match the 37886, 33538 or 37038

color chips for white, yellow or black respectively as shown in Federal Standard 595A. (c) Frictional Resistance. The surface of the retroreflective pliant polymer shall provide a

minimum initial average skid resistance value of 45 BPN when tested according to ASTM E 303.

951.07.03 Field Testing. Materials conforming to this specification shall be field evaluated at the National Transportation Product Evaluation Program (NTPEP) Northeast test deck for performance. Materials performing satisfactorily throughout the test period will be placed on the Administration’s Prequalified Materials List. All marking materials supplied during the Contract shall be identical in composition to the materials submitted for initial testing. Conformity with these requirements will be determined by the Office of Materials and Technology. 951.07.04 Prequalification. Samples shall be taken by Administration for testing. The manufacturer shall submit any data from AASHTO NTPEP Northeast Test Deck which support material performance. Materials conforming to this Specification will be placed on the Administration’s Prequalified List of Patterned Tapes. 951.07.05 Certification. The Contractor shall furnish notarized certification as specified in TC-1.03. The manufacturer shall certify that any reflective thermoplastic materials supplied during the Contract conforms to the identical formulation as the samples submitted for evaluation on the NTPEP Northeast test deck, and identify the formulas by referring to the code used on the deck. Reflective thermoplastic materials which fail to conform will be rejected.

The manufacturer shall also provide the following:

(a) Material Safety Data Sheets for all materials submitted for testing and use. (b) A facility, presently in operation, capable of producing the reflective thermoplastic materials

in the quantity and quality required by the Administration. (c) A laboratory subject to the Administration’s approval which is capable of performing the

required tests.




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WAGE RATES

Minimum Wage Rates for "Class A" or "Class B" Projects

For contracts with a low bid amount of less than $500,000, the Contractor shall pay at least the minimum wage to all labor in accordance with Sections 3-413, 3-415 and 3-420 of the Labor and Employment Article of the Annotated Code of Maryland. The Contractor's attention is also directed to the provision of the Federal Fair Labor Standards Act (29 U.S.C. 201-219) and the Fair Minimum Wage Act of 2007 (Pub L. 110-28). Prevailing Wage Rates for "Class B" through "Class H” Projects

For contracts with a low bid amount of $500,000 or more, the contract will be subject to the attached "Wage Rate Schedule," in accordance with Annotated Code of Maryland, State Finance and Procurement Article, Sections 17-201 to 17-216. A review has been made of the wage conditions in the locality and, based on the information available, the wage rates and fringe payments listed are determined by the Commissioner of the Department of Labor and Industry to be prevailing for the contract for the described classes of labor in accordance with the law. It shall be the responsibility of the Contractor to comply fully with the law and to contact the Office of the Commissioner for interpretation of the provisions of the law.




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MARYLAND TRANSPORTATION AUTHORITY

CONTRACTOR AFFIRMATIVE ACTION PROGRAM




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CONTRACTOR AFFIRMATIVE ACTION PROGRAM – TABLE OF CONTENTS

Maryland Transportation Authority Contractor Affirmative Action Program

Page Contractor Affirmative Action Program General Information.........................................................…….……………………..4 Contractor Affirmative Action Program Applicability.....................................................................…………………………..4 Section I Contractor Affirmative Action/Equal Employment Opportunity Program..........................................................…………………………5 Contractor Affirmative Action/Equal Employment Opportunity Program - Definitions.........................................………………………6 Contractor Affirmative Action/Equal Employment Opportunity Program - Legal Mandates...................................……………………...7 Contractor Affirmative Action/Equal Employment Opportunity Program - Assignment of Responsibilities..............................................9 Contractor Affirmative Action/Equal Employment Opportunity Program - Dissemination of Policy.........................……………………10 Contractor Affirmative Action/Equal Employment Opportunity Program - Recruitment........................................………………………11 Contractor Affirmative Action/Equal Employment Opportunity Program - Personnel Actions................................……………………..12 Contractor Affirmative Action/Equal Employment Opportunity Program - Training and Promotion.........................……………………13 Contractor Affirmative Action/Equal Employment Opportunity Program - Utilization of Unions.............................……………………14 Contractor Affirmative Action/Equal Employment Opportunity Program - Utilization of Subcontractors................................................15




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3 of 17 Contractor Affirmative Action/Equal Employment Opportunity Program - Records and Reports.............................……………………...16 Contractor Affirmative Action/Equal Employment Opportunity Monitoring.....................................................……………………………17




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MARYLAND TRANSPORTATION AUTHORITY CONTRACTOR AFFIRMATIVE ACTION PROGRAM

I. General

A. The Contractor shall cooperate with the Maryland Department of Transportation in carrying out its equal opportunity obligations and in the Department's review of the Contractor's activities performed under this contractual agreement.

B. All Contractors shall comply with the Governor's Code of Fair Employment

Practices, Promulgated July, 1976. (Exec. Order No. 01.01.2007.16, COMAR 01.01.2007.16) The Contractor shall include these requirements in every subcontract with such modifications of language as is necessary to make these provisions binding on the subcontractor.

C. All Contractors shall comply with Maryland Department of Transportation Minority

Business Enterprise Program requirements. II. Applicability

A. The Maryland Department of Transportation Contractor Affirmative Action/Equal Employment Opportunity Program requirements are applicable to all Contractors doing business with the Maryland Transportation Authority.




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CONTRACTOR AFFIRMATIVE ACTION PROGRAM




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CONTRACTOR AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY PROGRAM

DEFINITIONS

Affirmative Actions - The efforts exerted toward achieving equal employment opportunity through positive, aggressive and continuous result - oriented measures to correct past and present discriminating practices and their effects on the conditions and privileges of employment. Contractor/Subcontractor - The individual, partnership, firm or corporation undertaking the execution of work under the terms of a contract and acting directly or through its agents or employees. Corrective Action - A Contractor's written and signed commitment outlining specific actions to be taken with time limits, goals, etc., to correct a violation of applicable EEO regulations. Discrimination - A distinction in treatment, whether intentional or unintentional, based on: political or religious opinion or affiliation; race; color; creed; marital status; national origin; ancestry; sex; physical or mental handicap; age, except where sex, handicap or age involves a bona fide job requirement. Equal Employment Opportunity Officer - A designated employee of the Contractor whose responsibility it shall be to implement and maintain the Affirmative Action Plan. Good Faith Effort - A results-oriented positive action designed to achieve Affirmative Action objectives or goals. Personnel Actions - All decisions respecting employment including, but not limited to hiring, upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training to include apprenticeship, pre-apprenticeship or on-the-job training.




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LEGAL MANDATES A. Title VI, Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibits discrimination based on

race, color, or national origin in all programs and activities which receive Federal financial assistance. Employment discrimination is prohibited if a primary purpose of Federal assistance is a provision of employment, e.g., apprenticeship, training, work study, or similar programs. Revised guidelines in 1973 prohibit discriminatory employment practices in all programs if such practices cause discrimination in services provided to beneficiaries of the program.

B. Title VII, Civil Rights Act of 1964 (as amended) (42 U.S.C. § 2000e et seq.). Title VII

prohibits employment discrimination based on race, color, religion, sex, or national origin. C. Executive Order 11246 (as amended). This order, issued by the President on September 24,

1965, requires Equal Employment Opportunity/Affirmative Action Program by all Federal Contractors and subcontractors; it is administered and enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”). It also requires that firms with contracts over $50,000.00 and 50 or more employees develop and implement written programs, which are to be monitored by the OFCCP. Specific requirements for such result-oriented programs are identified in the Revised Order #4 (41 C.F.R. pt. 60-2) issued by the OFCCP. These requirements include identifying areas of minority and female under-utilization, numerical promotional and hiring goals, and other actions to increase minority employment in classifications where they are currently under-utilized.

D. The Age Discrimination in Employment Act of 1967 (as amended) (29 U.S.C. §§ 621-34 )

prohibits employers of 20 or more persons from discriminating against persons who are at least 40 years of age in any area of employment based on their age.

E. National Labor Relations Act of 1935. It shall be unlawful for employers to participate with

unions in the commission of any discriminatory practices under this Act, or to practice discrimination in a manner which gives rise to racial or other division amongst employees to the detriment of organized union activity. It shall be unlawful for unions to exclude individuals discriminatorily from union memberships, thereby causing them to lose job opportunities, to discriminate in the representation of union members or non-members in collective bargaining, in the processing or grievance, or in any other respect which may cause or attempt to cause employers to enter into discriminatory agreements, or otherwise discriminate against members and non-members.




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8 of 17 F. Governor's Code of Fair Employment Practices For The State Of Maryland (amended) (Exec.

Order No. 01.01.2007.16, COMAR 01.01.2007.16). This amended executive order provides an Equal Employment Opportunity Program in Maryland State Government allowing for personnel matters to be taken on the basis of merit and fitness and without regard to age; ancestry; color; creed; gender identity and expression; genetic information; marital status; mental or physical disability; national origin; race; religious affiliation, belief or opinion; sex; or sexual orientation. This code was amended so as to be in compliance with Federal mandates regulating laws pertinent to Equal Employment Opportunity/Affirmative Action.

G. Rehabilitation Act of 1973 (Pub. L. 93-112) (as amended) (29 U.S.C. § 701 et seq.). This law

provides a statutory basis for the Rehabilitation Services Administration and to authorize programs to promote and expand employment opportunities in the public and private sectors for handicapped individuals.

H. Section 13-219 of the State Finance and Procurement Article of the Annotated Code of

Maryland. This law provides for non-discrimination in State construction contracts and sub-contracts. This provision obligates the Contractor not to discriminate in any manner against any employee or applicant for employment because of sex, race, age, color, creed, or national origin and obligates subcontractors to the same.

I. Other Laws. Employment discrimination has also been ruled by courts to be prohibited by the

Civil Rights Acts of 1866 and 1870, the Equal Protection Clause of the Fourteenth Amendment of the Constitution of the United States, and the Equal Pay Act of 1963 (29 U.S.C. 206(d)). Action under these laws on behalf of individuals or groups may be taken by individuals, private organizations, trade unions or other groups.




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ASSIGNMENT OF RESPONSIBILITIES

The Contractor will designate an Equal Employment Opportunity Officer. He/she will have the responsibility of implementing the Contractors Affirmative Action Plan. He/she will coordinate, advice and assist management and other key officials. He/she will render periodic reports to the responsible executives relative to the state of progress and make appropriate recommendations along these lines to the executives of this project.

The name of the EEO Officer, telephone number and address where he/she can be reached concerning any acts or alleged acts of discrimination, will be posted on the bulletin board at the home office as well as on the bulletin boards at all job-sites.




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DISSEMINATION OF POLICY

The Contractor will take appropriate steps to ensure that all employees are advised of its policy of non-discrimination and of its interest in actively and affirmatively providing equal employment opportunity for all citizens. The steps include:

1. Meetings of supervisory and personnel office employees are to be conducted at least every six (6) months so that the Contractor's EEO policy and plan may be revised and explained.

2. All new supervisory and personnel office employees are to be made aware of the

Contractor's EEO policy and plan as soon as practicable, but certainly within thirty (30) days following the date of first reporting for duty.

3. The Contractor will make its EEO policy known to all employees, prospective

employees, and potential sources of employees, through schools, employment agencies, labor unions, college placement officers, etc., by taking the following actions:

a. Notice and posters setting forth the Contractor's EEO policy will be placed in

areas readily accessible to employees and applicants for employment.

b. The Contractor's EEO policy and the procedures for implementing the EEO policy will be brought to the attention of employees through meetings, employee handbooks, or other appropriate means.




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RECRUITMENT A. The Contractor will include in all advertising the following notation: "An Equal

Opportunity Employer". The Contractor will insert such advertisement in newspapers or other publications having large circulation among minorities and females in the area from which the project work is derived.

B. The Contractor will, unless precluded by a valid collective bargaining agreement, conduct

systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority and female applicants, including, but not limited to, State Employment agencies, school, college and minority/female organizations, i.e., The Urban League, NAACP, etc. To meet this requirement, the Contractor shall identify sources of potential minority/female employees and establish with such sources procedures whereby minority/female applicants may be referred to it for employment consideration.

C. The Contractor will develop procedures for promoting the employment of minority/female

youth on an after-school, summer and vacation basis. D. The Contractor will encourage its employees to refer minority/female applicants for

employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority/female applicants will be discussed with employees.




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PERSONNEL ACTIONS

To avoid discrimination in any of the Contractors personnel actions, the following will be done:

A. Periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory practices.

B. Periodic evaluations of the spread of wages paid within each classification to

determine whether there is any evidence of discriminatory wage practices.

C. Periodic reviews of personnel actions in depth to determine whether there is any evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action.

D. Investigations of all complaints of alleged discrimination attempts I order to resolve

such complaints. Additionally, if the investigation indicates that the discrimination may affect persons other than the complainant, then appropriate corrective actions will include those other persons. Upon completion of each investigation, the Contractor will inform every complainant of all avenues of appeal.




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TRAINING AND PROMOTION

To eliminate any discrimination in training and promotion, the following actions will be taken:

A. Contractor will assist in locating, qualifying, and increasing the skills of minority/female employees and applicants for employment.

B. Consistent with Contractor's employment requirements and as permissible under

State regulations, contractor will make full use of training programs, i.e., on-the-job training programs for the geographical area of contract performance.

C. Contractor will advise both employees and applicants for employment of available

training programs and entrance requirements for the program. D. Contractor will periodically review the training and promotion potential of

minority/female employees and shall encourage eligible employees to apply for such training and promotions.




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UTILIZATION OF UNIONS

In carrying out its Affirmative Action Plan, the Contractor will use good faith efforts to obtain the cooperation from unions it relies on, in whole or part, as a source of employees, to increase opportunities for minority/female groups. The Contractor, either directly or through a contractor's association acting as its agent, will;

A. Use good faith efforts to develop, in cooperation with the unions, joint training programs aimed at qualifying more minorities/females for membership in the unions and increasing their skills so they may qualify for higher paying employment; and

B. Incorporate an Equal Employment Opportunity clause into all union agreements so

that unions shall be contractually obligated not to discriminate in the referral of job applicants.




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UTILIZATION OF SUBCONTRACTORS

A. The Contractor will use good faith efforts to employ subcontractors whose employees reflect minority/female groups approximately equal to the number available in the current labor pool populations, or owned by minority/female.

B. The Contractor will use good faith efforts to assure that all subcontractors comply

with equal employment obligations as defined in the amended Governor’s Code of Fair Employment Practices. (Exec. Order No. 01.01.2007.16 COMAR 01.01.2007.16)




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RECORDS AND REPORTS

In accordance with the Governor's Code, of Fair Employment Practice (Exec. Order No. 01.01.2007.16 COMAR 01.01.2007.16), the Contractor will keep such records as are necessary to determine compliance with its equal opportunity obligations. The records kept shall be designed to indicate:

1. The number of minority/female and other persons employed in each work classification of the project.

2. The progress and efforts being made in cooperation with unions, if any, to increase

minority/female employment opportunities.

3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority/female employees.

4. The progress and efforts being made in securing the services of minority/female

subcontractors.

All such records will be retained for a period of three (3) years following completion of the Contract work and shall be available at reasonable times and places for inspection by authorized representatives of the Maryland Transportation Authority.

The Contractor will submit to the Authority a monthly report for the first three months after construction begins and, and thereafter, upon request for the duration of the project. This report shall indicate the number of minority/female employees currently engaged in each work classification.




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MONITORING

The Contractor will periodically evaluate its Affirmative Action Plan and the results achieved to ensure that the plan is in compliance with its commitments.




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AFFIRMATIVE ACTION REQUIREMENTS UTILIZATION OF MINORITY BUSINESS ENTERPRISES FOR STRAIGHT STATE CONTRACTS

(Where the Contractor’s bid exceeds $50,000) A. General

For the purpose of these requirements, the following terms as defined below shall apply: Administration Representative – A Minority Business Enterprise (MBE) Officer of an Administration who enforces the laws and regulations pertaining to minority business enterprise and Contract compliance. Affirmative Actions – Specific steps taken to eliminate discrimination and its effects, to ensure nondiscriminatory results and practices in the future, and to involve minority businesses fully in contracts and programs. Business Enterprises – A legal entity which is organized in any form other than as a joint venture (e.g., sole proprietorship, partnership, corporation, etc.) to engage in lawful commercial transactions. Certified Business – A business which by order of the Chair/MBE Advisory Council or his/her designee, has been certified as a bona fide MBE. Director, Office of Equal Opportunity – The individual designated for the Administration’s overall MBE compliance. Joint Venture – An association of a MBE firm and one or more other firms to carry out a single, for profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the MBE is responsible for a distinct, clearly defined portion of the work of the Contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. Minority Business Enterprise (MBE) – Any legal entity, other than a joint venture, organized to engage in commercial transactions which is at least 51 percent owned and controlled by one or more minority persons, or a nonprofit entity organized to promote interests of the physically or mentally disabled. MBE Directory – A compilation of businesses certified by MDOT as minority or socially and economically disadvantaged businesses. The directory will be published annually with quarterly supplements. It will also be provided in automated format and on the Internet to be updated as changes are made. MBE Program – A program developed by MDOT to implement the requirements of Title 14, Subtitle 3 of the State Finance Procurement Article, Annotated Code of Maryland and Title 10, Subtitle 3 of the State Finance Procurement Article of the Annotated Code of Maryland for Leases of State-Owned Property.




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MBE Participation Packet – The documents submitted by the bidder or proposer pursuant to the appropriate special bid provisions. The MBE Participation Packet shall consist of the MBE Utilization Affidavit and the MBE Participation Schedule, both of which must be submitted with your bid or initial price proposal. The MBE Participation Packet also includes the following documents which are submitted after bids or proposals are opened: MDOT Outreach Efforts Compliance Statement (Form MDOT-OP-014-2), the MDOT MBE Subcontractor Project Participation Affidavit (Form MDOT-OP-015-2), the MDOT Joint Venture Disclosure Affidavit (Form D-EEO-006) and the Minority Contractor Unavailability Certificate (Form OOC46). Minority or Minority Person for Straight State Contracts - Member of one of the following socially and economically disadvantaged groups: 1. African American – An individual having origins in any of the Black racial groups of

Africa; 2. American Indian/Native American – An individual having origins in any of the original

peoples of North America and who is a documented member of a North American tribe, band, or otherwise organized group of native people who are indigenous to the continental United States or who otherwise have a special relationship with the United States or a state through treaty, agreement, or some other form of recognition. This includes an individual who claims to be an American Indian/Native American and who is regarded as such by the American Indian/Native American community of which he/she claims to be a part, but does not include and individual of Eskimo or Aleutian origin;

3. Asian – An individual having origins in the far East, Southeast Asia, or the Indian

Subcontinent and who is regarded as such by the community of which the person claims to be a part;

4. Hispanic – An individual of Mexican, Puerto Rican, Cuban, Central or South American,

Portuguese or other Spanish culture or origin regardless of race, and who is regarded as such by the community or which the person claims to be a part;

5. Women – This category shall include all women, regardless of race or ethnicity, although a

woman who is also a member of an ethnic or racial minority group may elect that category in lieu of the gender category; or

6. Physically or Mentally Disabled – An individual who has an impairment that substantially

limits one or more major life activity, who is regarded generally by the community as having such a disability, and whose disability has substantially limited his or her ability to engage in competitive business.

B. MBE and Good Faith Effort Requirements This contract includes an MBE participation goal for subcontracting, and/or procurement of materials, and/or services. Bidders/Offerors must make a good faith effort to meet the MBE participation goal before bids or proposals are due, including outreach efforts. A bid or initial proposal must include both a completed and executed Certified MBE Utilization and Fair




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3 of 9 For Informational Purposes Only Solicitation Affidavit and MBE Participation Schedule. The failure of a bidder to complete and submit the Certified MBE Utilization and Fair Solicitation.

1. Affidavit and MBE Participation Schedule shall result in a determination that the bid is not responsive. The failure of an offeror to complete and submit the Certified MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule shall result in a determination that the proposal is not susceptible of being selected for award.

2. In making a good faith effort to achieve the MBE goal, prior to completing the Certified MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule and prior to submitting a bid or initial proposal bidders (or offerors) including those bidders or offerors that are certified MBEs must: a. Identify specific work categories within the scope of the procurement appropriate for

subcontracting and/or procurement of materials and/or services; b. Solicit certified MBEs in writing at least 10 days before bids or initial proposals are

due, describing the identified work categories and providing instructions on how to bid on the subcontracts and/or procurement of materials and/or services;

c. Attempt to make personal contact with the certified MBEs solicited and to document

these attempts; d. Assist certified MBEs to fulfill, or to seek waiver of, bonding requirements; and e. Attend prebid or other meetings the procurement agency schedules to publicize

contracting opportunities to certified MBEs.

3. The bidder shall seek commitments from minority business enterprises by subcontracting and/or procurement of materials and/or services, the combined value of which equals or exceeds the established Contract goal of 0 percent of the total value of the prime Contract. The Administration has further established that, within this Contract goal, there shall be a sub-goal of a minimum of 0 percent participation by firms classified as African American-owned firms, a sub-goal of 0 percent participation by firms classified as Other-owned firms, and a sub-goal of a minimum of 0 percent participation by firms classified as Asian American-owned firms. A bidder may count toward its MBE goals expenditures for materials and supplies obtained from MBE regular dealers and/or manufactures provided that the MBE assume the actual and contractual responsibility for the provision of the materials and supplies. The bidder may count its entire expenditure to a MBE manufacturer (i.e., a supplier that produces goods from raw materials or substantially alters them before resale). The bidder may count sixty (60) percent of its expenditures to a MBE regular dealer, that is not a manufacturer, provided that the MBE supplier performs a commercially useful function in the supply process. The apparent low bidder shall submit to the Administration, within ten (10) business days after notification that it is the apparent low bidder, an acceptable Affirmative Action Plan for the utilization of Minority Business Enterprises in this Contract. The Contract will not be awarded without the bidder’s Affirmative Action Plan being approved by the Administration. 4. The Affirmative Action Plan shall include as a minimum:




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a. The name of an employee designated as the bidder’s Minority Business Liaison Officer. b. A complete MBE Subcontractor Project Participation Affidavit (MDOT-OP 015-2), of minority business enterprises, from among those whose names appear in the MDOT MBE Directory or who are otherwise certified by MDOT as being minority business enterprises. Except as permitted by law and approved by the Administration, the MBE Subcontractor Project Participation Affidavit (MDOT-OP 015-2) submitted after the opening of bids or proposals shall include all MBE firms identified on the MBE participation schedule submitted with the bid or initial proposal with a percentage of participation that meets or exceeds the percentage of participation indicated in the bid or initial proposal. The MBE Subcontractor Project Participation Affidavit (MDOT-OP 015-2) shall be completed and signed by the Bidder and MBE for each business listed in the MBE Participation Schedule. c. A completed Outreach Efforts Compliance Statement (MDOT-OP 014-2).

5. When a bidder intends to attain the appropriate goal for minority business enterpriseparticipation by use of a joint venture, the bidder shall submit a Joint Venture Disclosure Affidavit (MDOT D-EEO-006-A) showing the extent of the MBE participation. If a bidder intends to use a joint venture as a subcontractor to meet its goal, the affidavit shall be submitted through the bidder by the proposed subcontractor and signed by all parties.

6. When the proposed MBE participation does not meet the MBE Contract goals, information sufficient to demonstrate that the bidder has made good faith efforts to meet these goals shall be required.

7. Request for Exception to the MBE Goal If the bidder is unable to secure from MBEs by subcontracting and/or by procurement of materials and/or services, commitments which at least equal the appropriate percent of the value of the prime Contract at time of bid, the bidder shall request, in writing, waiver of the unmet portion of the goal. This request must be initiated by checking the appropriate box on the Certified MBE Utilization and Fair Solicitation Affidavit submitted with the bid or initial proposal. The waiver may be granted by the Administrator. To obtain approval of a waiver, the bidder shall submit the following: a. A detailed statement of efforts made prior to bid to contact and negotiate with MBEs

including the dates, names, addresses, and telephone numbers of MBEs who were contacted; a description of the information provided to the MBEs regarding the work to be performed, anticipated schedule for portions of the work to be performed; and a detailed statement of the reasons why additional prospective agreements with MBEs were not reached;

b. A detailed statement of the efforts made to select portions of the work proposed to be

performed by MBEs in order to increase the likelihood of achieving the stated goals.




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c. For each MBE that the Contractor considers not qualified, but from which a bid has been

received, a detailed statement of the reasons for the bidder’s conclusion; and d. For each MBE contacted but unavailable, a Minority Contractor Unavailability

Certificate, (OOC46), signed by the minority business enterprise, or a statement from the bidder stating that the MBE refused to sign the Certificate.

8. Guidance concerning good faith efforts The following is a list of the types of actions and factors that will be used to determine the

bidder's or offeror’s good faith efforts to obtain MBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.

(1) Soliciting through all reasonable and available means (e.g. attendance at pre-bid

meetings, advertising and/or written notices) the interest of certified MBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the MBEs to respond to the solicitation. The bidder must determine with certainty if the MBEs are interested by taking appropriate steps to follow up initial solicitations.

(2) Selecting portions of the work to be performed by MBEs in order to increase the likelihood that the MBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE participation, even when the bidder or offeror might otherwise prefer to perform these work items with its own forces.

(3) Providing interested MBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.

(4) (a) Negotiating in good faith with interested MBEs. It is the bidder's or offeror’s responsibility to make a portion of the work available to MBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE subcontractors and suppliers, so as to facilitate MBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of MBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for MBEs to perform the work.

(b) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including MBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using MBEs is not in itself sufficient reason for a bidder's failure to meet the contract MBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to




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perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Bidders and offerors are not, however, required to accept higher quotes from MBEs if the price difference is excessive or unreasonable.

(5) Not rejecting MBEs as being unqualified without sound reasons based on a thorough

investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal.

(6) Making efforts to assist interested MBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.

(7) Making efforts to assist interested MBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.

(8) Effectively using the services of available minority/women community organizations;

minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of MBEs.

(9) In determining whether a bidder or offeror has made good faith efforts, the Administration may take into account the performance of other bidders or offerors in meeting the contract goal. For example, when the apparent successful bidder or offeror fails to meet the contract goal, but others meet it, the Administration may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder or offeror could have met the goal. If the apparent successful bidder or offeror fails to meet the goal, but meets or exceeds the average MBE participation obtained by other bidders or offerors, the Administration may view this, in conjunction with other factors, as evidence of the apparent successful bidder or offeror having made good faith efforts.

9. Bidder Use of MBE Special Services

The bidder shall consider, whenever possible, utilizing the services of minority-owned banks. Most minority banks are full-service corporations that can provide an array of financial services such as Treasury and Tax Loan fund accounts, time and demand deposit accounts, payroll services and if needed, organization investment counseling. It is the policy of MDOT to encourage its Contractors to utilize, on a continuing basis, MBE banks.




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10. Bidder Records

The bidder shall maintain records showing actions which have been taken to comply with procedures set forth herein.

11. Bidders Cooperation

The bidder shall cooperate with the Administration representative in any review of the Contractor’s procedures and practices, with respect to the MBEs, which the Administration’s representative may, from time to time, conduct.

12. Bidder MBE Modifications During the life of the Contract, all plans to modify the approved MBE participation program will require the approval of the Administrator or his authorized representative. This will include any changes to items of work to be sublet or materials and services to be obtained which differs from those in the original MBE participation program. All requests for revisions shall be directed to the appropriate District Engineer for disposition.

The low bidder’s failure to participate in any of the above proceedings or failure to furnish information after written request may result in rejecting the bid and non-award of the Contract.

C. RECORDS AND REPORTS

1. The Contractor shall keep such records as are necessary to determine compliance with its Minority Business Enterprise utilization obligations. The records kept by the Contractor shall be designed to include:

a. The name of minority and non-minority subcontractors and suppliers, the type of work

materials or services being performed on or incorporated in this project, the monetary value of such work materials or services, the terms of performance and/or delivery, copies of all cancelled checks paid to subcontractors and suppliers and a record of all payments made to subcontractors and suppliers.

b. Documentation of all correspondence, contacts, telephone calls, etc., to obtain the services of minority business enterprises on this project.

c. The progress and efforts made in seeking out minority contractor organizations and individual minority contractors for work on this project.

2. The Contractor shall submit reports, on a quarterly basis, of those contracts and other business transactions executed with minority business enterprises, with respect to the records referred to in C. 1., above, in such form, manner and content as prescribed by the Administration. The quarterly reports shall be due on the 15th calendar day of January, April, July, and October. If the Contractor cannot submit their report on time, the Contractor shall notify the Administration’s representative and request additional time to submit the report. Failure of the Contractor to report in a time manner may result in a




140


finding of noncompliance. Additional report may be required by the Administration upon request.

3. To insure compliance with the certified MBE Contract participation goal, the Contractor shall: a. Submit monthly reports listing all unpaid invoices over 30 days, from certified MBE

subcontractors, and the reason payment has not been made. b. Include in its agreement, with certified MBE subcontractors a, requirement that MBE

subcontractors are to submit monthly, to the Administration, a report identifying the prime Contractor and listing the following: (1) Payment received from the prime Contractor, in the proceeding 30 days; (2) Invoices for which the subcontractor has not been paid.

4. All such records and reports shall be retained for a period of three years following acceptance of final payment and shall be available for inspection by the Maryland Department of Transportation and this Administration.

D. ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT

1. Whenever the Administration believes the prime Contractor or any subcontractor may not be operating in compliance with the terms of these provisions, the Administration’s representative will conduct an investigation. If the Administration representative finds the prime Contractor or any subcontractor is not in compliance with these provisions, the representative will make a report of noncompliance and notify such Contractor in writing of the steps that will, in the judgement of the Administration, bring the Contractor into compliance. If the Contractor fails or refuses to comply fully with such steps, the Administration’s representative will make a final report of the noncompliance to the Administrator, who may direct the imposition of one or more of the sanctions listed below: a. Suspension of work on the project, pending correction; b. Withholding payment or a percentage thereof, pending correction; c. Referral of MBEs to the MDOT office of MBE, for review for decertification, for

review/referral to the Attorney General’s Office for review/initiation of debarment or for review for criminal prosecution through the MDOT Office of General Counsel;

d. Initiation of suspension in accordance with COMAR regulations; e. Referral to the Attorney General’s Office for review for debarment or for criminal

prosecution through the MDOT Office of General Counsel; f. Any other action as appropriate, within the discretion of the Administrator.

If the documents used to determine the status of a MBE contains false, or misleading or misrepresenting information, the matter will be referred to the MDOT Office of the General Counsel for appropriate action. In addition, when directed by the Administrator, the




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Contractor shall terminate, without liability to the Administration, its contract with a firm,

which for any reason, is either no longer certified or no longer eligible to do business in the State. The Contractor shall promptly submit plans for maintaining the required MBE participation on the project or appropriate request for waiver of all or part of the Contract goal with appropriate documentation to support Good Faith Efforts (as established by COMAR including the MDOT MBE/MBE Program Manual). The program and all revisions require the Administrator’s approval.

E. SUBCONTRACTING.

Subcontracting by the Prime Contractor. Form B Request for Approval of Subcontractor shall be used by the Prime Contractor to request approval of a Subcontractor and also to ensure that a formal Subcontract has been or will be written and kept on file by the Prime Contractor. Completion and submittal of the form by the Prime Contractor acknowledges that the Administration’s Contracting Officer may require the submission of the written Subcontract for review by the Administration and/or FHWA. Lower Tier Subcontracting by an Approved Subcontractor. Form B Subcontractor’s Request for Approval of Lower Tier Subcontractor shall be used by an Approved Subcontractor to request approval of a Lower Tier Subcontractor and also to ensure that a formal Subcontract has been or will be written and kept on file by the Subcontractor. Completion and submittal of the form by the Subcontractor acknowledges that the Administration’s Contracting Officer may require the submission of the written Subcontract for review by the Administration and/or FHWA. Form Acquisitions. Maryland State Highway Administration Form B may be acquired through the Administration’s Contracts Award Team or District Office. All questions should be directed to the Office of Construction, Contracts Award Team.

It is the Administration’s intention to randomly select during each calendar quarter a representative sample of written Subcontracts for review. This review will be conducted by the Office of Construction's Contracts Award Team.




142

BID / PROPOSAL FORM

Contract No. KH 2602-000-006 Bid/ Proposal Of_________________________________________________________

(Name) _______________________________________________________________________

(Address) _______________________________________________________________________

(Phone Number) To furnish and deliver all materials and to perform all work in accordance with the Specifications and the other Contract Documents except as specifically stated otherwise in the Special Provisions relating to Contract No. KH 2602-000-006 for Bridge Deck Sealing, Various Bridges in Harford and Cecil Counties. As defined in the Special Provisions on which bid/proposal will be received until twelve (12) Noon on June 1, 2012 in the Bid Box on the 2nd floor of the Maryland Transportation Authority, Division of Procurement and Statutory Program Compliance Building, 303 Authority Drive, Baltimore, MD 21222 (Please use side entrance closest to Key Bridge). Bids will be opened publicly at 12:00 Noon on the Bid Date in the Division of Procurement and Statutory Program Compliance Building Conference Room of the Transportation Authority which is located directly adjacent to the Bid Box. To the Maryland Transportation Authority, Baltimore, MD:

In accordance with the published "Notice to Contractors" of the Maryland Transportation Authority, inviting proposals for the work; identified above, I/We certify; that I/We am/are the only person or persons interested in this Proposal as principals; that it is made without collusion with any person, firm or corporation; that an examination has been made of the Contract Documents and of the work site; that I/We certify have the equipment, labor, supervision and financial capacity to perform this contract either with my/our organization or with subcontractors; that I/We propose to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribed; that I/We understand that the quantities of work as indicated herein are to be determined by me/us; that I/We further understand that all work required by this contract is to be performed in accordance with the following Schedule of Prices:




143

SCHEDULE OF PRICES



VARIOUS BRIDGES

SPECIAL PROVISIONS Contract No. KH 2602-000-006

SCHEDULE OF PRICES NOTE: This proposal shall be filled in by the bidder, with the prices written in words and numerals. The extension amounts of unit costs shall also be filled in. For complete information concerning these items, see Specifications, Special Provisions and Contract Form.

144

UNIT PRICE AMOUNTS ITEM

NOS. CATEGORY

CODE APPROXIMATE

QUANTITIES DESCRIPTION OF ITEM AND PRICE BID

(IN WRITTEN WORDS) DOLLARS CTS. DOLLARS CTS.

1001 114215 4,850

LINEAR FEET OF 5 INCH YELLOW REMOVABLE PREFORMED PAVEMENT LINE MARKINGS AT ________________________________________

PER LINEAR FOOT

1002 114220 5,210

LINEAR FEET OF 5 INCH WHITE REMOVABLE PREFORMED PAVEMENT LINE MARKINGS AT ________________________________________

PER LINEAR FOOT

1003 114275 10,060

LINEAR FEET OF REMOVAL OF REMOVABLE PREFORMED PAVEMENT MARKINGS – ANY WIDTH AT ________________________________________

PER LINEAR FOOT

1004 120500 LUMP SUM

MAINTENANCE OF TRAFFIC AT ________________________________________

PER LUMP SUM

1005 120610 56

UNIT DAYS OF ARROW PANEL AT ________________________________________

PER UNIT DAY



VARIOUS BRIDGES



145

UNIT PRICE AMOUNTS ITEM NOS.

CATEGORY CODE

APPROXIMATE QUANTITIES

DESCRIPTION OF ITEM AND PRICE BID (IN WRITTEN WORDS) DOLLARS CTS. DOLLARS CTS.

1006 120860 56

UNIT DAYS OF PORTABLE MESSAGE SIGN AT ________________________________________

PER UNIT DAY

1007 120890 56

UNIT DAYS OF PROTECTION VEHICLE AT ________________________________________

PER UNIT DAY

1008 130850 LUMP SUM

MOBILIZATION AT ________________________________________

PER LUMP SUM

1009 131000 LUMP SUM

CPM PROJECT SCHEDULE AT ________________________________________

PER LUMP SUM

AT ________________________________________



VARIOUS BRIDGES



146

UNIT PRICE AMOUNTS ITEM NOS.

CATEGORY CODES


DESCRIPTION OF ITEM AND PRICE BID (IN WRITTEN WORDS) DOLLARS CTS. DOLLARS CTS.

4001 400000 6,320

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. H-X73400 (OLD JOPPA RD. OVER I-95) AT ________________________________________

PER SQUARE FOOT

4002 400000 7,130

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. H-X78000 (ABINGDON RD. OVER I-95) AT ________________________________________

PER SQUARE FOOT

4003 400000 6,670

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. H-X79600 (MD 136 OVER I-95) AT ________________________________________

PER SQUARE FOOT

4004 400000 7,770

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. CEX93400 (MD 222 OVER I-95) AT ________________________________________

PER SQUARE FOOT



VARIOUS BRIDGES



147

UNIT PRICE AMOUNT ITEM NOS.

CATEGORY CODES


DESCRIPTION OF ITEM AND PRICE BID (IN WRITTEN WORDS) DOLLARS CTS

. DOLLARS CTS.

4005 400000 5,610

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. CEX95200 (WINCH RD. OVER I-95) AT ________________________________________ PER SQUARE FOOT

4006 400000 34,050

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. CEXA0000 (MD 272 OVER I-95) AT ________________________________________ PER SQUARE FOOT

4007 400000 5,630

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. CEXA2700 (UNION CHURCH RD. OVER I-95) AT ________________________________________ PER SQUARE FOOT

4008 400000 5,800

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. CEXA3800 (DEAVER RD. OVER I-95) AT ________________________________________ PER SQUARE FOOT

4009 400000 6,720

SQUARE FEET OF CONCRETE BRIDGE DECK SEALING PROTECTION SYSTEM FOR BRIDGE NO. CEXA8300 (MD 316 OVER I-95) AT ________________________________________ PER SQUARE FOOT



VARIOUS BRIDGES



148

UNIT PRICE AMOUNT ITEM NOS.

CATEGORY CODES


DESCRIPTION OF ITEM AND PRICE BID (IN WRITTEN WORDS) DOLLA

RS CTS. DOLLAR

S CTS.

4010 400001 ALLOWANCE

ADDITIONAL REPAIRS AT _FIFTY THOUSAND DOLLARS AND ZERO CENTS_ ALLOWANCE

$50,000 00

AT ________________________________________

AT ________________________________________

AT ________________________________________

AT ________________________________________



VARIOUS BRIDGES



149


NOS. CATEGORY

CODE APPROXIMATE



5001 585351 20

EACH OF REPLACEMENT OF PAVEMENT MARKER REFLECTIVE LENSES AT ________________________________________

PER EACH

5002 585601 5,210

LINEAR FEET OF 5 INCH WHITE PERMANENT PREFORMED PATTERNED REFLECTIVE CONTRAST PAVEMENT MARKINGS AT ________________________________________

PER LINEAR FOOT

5003 585604 4,850

LINEAR FEET OF 5 INCH YELLOW PERMANENT PREFORMED PATTERNED REFLECTIVE PAVEMENT MARKINGS AT ________________________________________

PER LINEAR FOOT

AT ________________________________________

AT ________________________________________



VARIOUS BRIDGES



150


NOS. CATEGORY

CODE APPROXIMATE



AT ________________________________________

AGGREGATE AMOUNTS AT UNIT PRICES USING ITEMS 1001-1009, 4001-4010, 5001-5003 AT ________________________________________

AT ________________________________________

AT ________________________________________

AT ________________________________________




151

CONTRACT TIME AND BONDING

IT IS FURTHER PROPOSED: A) To do all "Extra Work" required to complete the work contemplated at unit prices or lump

sums to be agreed upon in writing prior to starting such extra work. If unit prices or lump sums cannot be agreed upon, to perform such work on a "Force Account" basis, as provided by the General Provisions.

B) To begin work as specified in the "Notice to Proceed" and to prosecute said work so as to

complete the Contract by: 120 Calendar Days C) If the Bid submitted for this contract is $100,000 or more, to furnish both a Payment Bond

and also a Performance Bond in the full amount of Contract Award as security for the completion of the Contract, in accordance with the Plans, Specifications and Special Provisions.

D) To guarantee that all work performed under this contract will be done in accordance with the

Specifications and Special Provisions and in a good workmanlike manner and to guarantee to renew or repair any work which may be rejected due to defective materials or workmanship prior to final acceptance of the work.

E) To supply such additional information as may be required by the Specifications. F) It is hereby acknowledged that liquidated damages in the amount of Five Hundred Thirty

Dollars ($530.00)/Calendar Day will be assessed for unauthorized extensions beyond the contracted time of completion.




152

BUY AMERICAN STEEL ACT

The steel products used or supplied in the performance of work under this contract shall be

from steel made in the United States in accordance with the requirements of Annotated Code of Maryland, State Finance and Procurement Article, Sections 17-301 through 17-306 and COMAR 21.11.02.

In accordance with COMAR 21.11.02.06, if any steel products proposed for use or supply are not of domestic origin, bidders must, in their bid proposals:

1. Identify by name, type, or otherwise, those steel products that are proposed to be of foreign origin and indicate the proposed source of supply of those products.

2. Certify that the bid or offered price of similar domestic steel products is unreasonable pursuant to COMAR 21.11.02.

The use or supply of foreign steel products will only be allowed in accordance with State Finance and Procurement Article, Sections 17-301 through 17-306 and COMAR 21.11.02.

The bidder who elects to supply Domestic Steel Products need not complete this form.

However, the bidder who elects to supply steel of Foreign Manufacture must complete this form. When steel of Foreign Manufacture is proposed, the Contractor must include the costs of Domestic Steel.

American Steel must be utilized if the total cost of Domestic Steel (D) is less than the amount of a twenty percent (20%) increase to the total cost of Foreign Steel (F).

In reference to Section 21.11.02:

A) Buy American Steel if the total cost of Domestic Steel (D) is less than the amount of a twenty percent (20%) increase to the total cost of Foreign Steel (F).

total cost (D) 1.2 x total cost (F); and

B) In a Substantial Labor Surplus Area, Buy American Steel if the total cost of Domestic Steel (D) is less than the amount of a thirty percent (30%) increase to the total cost of Foreign Steel (F).

total cost (D) 1.3 x total cost (F)




153

Structural Steel Items Domestic (D) Foreign (F) Category Item No. Description

Costs: Furnishing

Erection/Placement Inspection Cost Duties Transportation Other Costs

Total Item Cost

Structural Steel Items Domestic (D) Foreign (F)

Category Item No. Description

Costs: Furnishing

Erection/Placement Inspection Cost Duties ___ Transportation ___ Other Costs

Total Item Cost

Structural Steel Items Domestic (D) Foreign (F)


Costs: Furnishing

Erection/Placement Inspection Cost

Duties Transportation

Other Costs

Total Item Cost




154

Other Than Structural Domestic (D) Foreign (F) Steel Items


Costs: Furnishing

Erection/Placement Inspection Cost Duties Transportation Other Costs

Total Cost of All Steel Items D) F) ________

I hereby certify that the bid or offered price of domestic steel products similar to those listed above is unreasonable pursuant to COMAR 21.11.02.

__________________________ ______________________________ Date Signature

Title




155

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FOR INFORMATIONAL PURPOSES ONLY

DUAL CERTIFICATION PROCUREMENT INFORMATION Effective on October 1, 2009, Minority Business Enterprise (MBE) firms may elect to be dually certified as woman-owned businesses and as members of an ethnic or racial category. For purposes of achieving any gender or ethnic/racial MBE participation subgoals in a particular contract, an MBE firm that has dual certification may participate in the contract either as a woman-owned business or as a business owned by a member of a racial or ethnic minority group, but not both. WARNING – PLEASE READ:

A firm must be listed in the MDOT MBE/DBE Directory with the gender category in order to be used to meet the gender subgoal.

A firm must be listed in the MDOT MBE/DBE Directory with an ethnic/racial category in order to be used to meet the ethnic/racial subgoal.

A firm must be listed in the MDOT MBE/DBE Directory with both the gender and ethnic/racial categories in order for a contractor to have the option of selecting which of those categories it will use for the firm on a State contract.

Contractors should designate whether the MBE firm will be used as a woman-owned business or as a business owned by a member of a racial/ethnic group before calculating the percentage of MBE participation goals and subgoals they intend to meet.

Maryland’s MBE/DBE Directory will reflect the dual certification status beginning October 1, 2009. You can access the MBE/DBE Directory at http://mbe.mdot.state.md.us. Firms with dual certification will now be listed as follows: Example: ABC Corporation, Inc. 123 Corporate Circle Hanover, MD 21076 Female/African American 00-000




156 08/08/11

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BID/PROPOSAL AFFIDAVIT

A. Each solicitation shall provide notice that the affidavit in §B of this regulation shall be completed and submitted to the procurement agency with the vendor's bid or offer.

B. Mandatory Solicitation Addendum. The solicitation addendum shall be in substantially the same form as follows:

BID/PROPOSAL AFFIDAVIT

A. AUTHORITY

I HEREBY AFFIRM THAT:

I, ________________________ (print name), possess the legal authority to make this Affidavit.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in §19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal;




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(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

____________________________________________________________

____________________________________________________________

___________________________________________________________.

D. AFFIRMATION REGARDING OTHER CONVICTIONS


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;




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(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)—(5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; or

(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§B and C and subsections D(1)—(8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

____________________________________________________________

____________________________________________________________

___________________________________________________________.

E. AFFIRMATION REGARDING DEBARMENT


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension,




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and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).

____________________________________________________________

____________________________________________________________

___________________________________________________________.

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES


(1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

____________________________________________________________

____________________________________________________________

___________________________________________________________.

G. SUB-CONTRACT AFFIRMATION


Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION


Neither I, nor to the best of my knowledge, information, and belief, the above business has:

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of




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free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted.

I. CERTIFICATION OF TAX PAYMENT


Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES


The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

K. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

Date: _______________________

By: __________________________________ (print name of Authorized Representative and Affiant)

___________________________________ (signature of Authorized Representative and Affiant)




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PROPOSAL GUARANTY

A Bid Security will not be required on Contract Proposals under $100,000.

A Bid Security totaling 5% of the bid amount will be required on bids of $100,000 or more.

Acceptable security for bids shall be as follows:

1) A bond in a form satisfactory to the State underwritten by a company licensed to issue bonds in this State.

2) A bank certified check, bank cashier's check, bank treasurer's check, or cash; or

3) Pledge of securities backed by the full faith and credit of the United States

government or bonds issued by the State of Maryland.

A bidder who elects to furnish a Bid Bond is requested to use the form provided with this Proposal. On all Bid Bonds, the amount should be specified in dollars, both in words and in figures, or in percentages. A bidder who elects to furnish a bank check as security shall complete the Bid Guarantee Form provided with this Proposal.




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BID GUARANTEE

(For use with bank certified, bank cashiers or bank treasurer’s checks)

KNOW ALL MEN BY THESE PRESENTS, That

(Bidding Company) hereinafter called the Principal is held and firmly bound unto the State of Maryland, by and through the Maryland Transportation Authority, for the sum of ______________________________________________________________________ ($ _____________________) for payment of which sum the Principal binds itself, its heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for MDTA Contract No. KH 2602-000-006 , Bridge Deck Sealing, Various Bridges _____________________________________________________________________; and

WHEREAS, as security for said bid the Principal has elected to provide a bank certified check, bank cashier’s check, or bank treasurer’s check in the sum stated above; and

WHEREAS, said bank certified check, bank cashier’s check, or bank treasurer’s check is attached hereto and incorporated herein in the sum stated above as security for this bid guarantee.

NOW, THEREFORE, if the Principal, upon acceptance by the State of its bid identified above, within the period specified for acceptance (ninety (90) days if no period is specified) fails to execute such further contractual documents and give such payment and performance guarantees as may be required by the terms of the bid within the time specified (ten 10) days if no period is specified), then the State may recover from the security provided for this bid guarantee any cost of procuring the work which exceeds the amount of the Principal’s bid, to the limits of the sum stated above.




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FOR INDIVIDUALS

In Presence Of: Individual Principal

Witness ______________________________ as to __________________________________ _____________________________________________________________________

FOR PARTNERSHIPS In Presence Of: Co-Partnership Principal

Witness _________________________________________ (Name of Co-Partnership)

____________________________ By: _________________________________ ____________________________ as to __________________________________ ____________________________ as to ___________________________________ ____________________________________________________________________ SP 800

FOR CORPORATIONS

Corporate Principal Attest: _____________________________________ (Name of Corporation)

AFFIX ____________________________ By ________________ CORPORATE

President SEAL _____________________________________________________________________




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BID BOND

Bond No.____________________________ We, __________________________________________ as Principal, hereinafter called the “Principal”, and _________________________________________________a corporation duly organized under the laws of the State of ________________________ or an individual surety qualified in accordance with State Finance and Procurement Article, Section 13-207 or Section 17-104, Annotated Code of Maryland, as Surety, hereinafter called the “Surety”, are held and firmly bound unto the State of Maryland, hereinafter called “State” for the sum of ___________________________________________________________________________ ($ _______________________________),for the payment of which sum, the Principal and the Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for _______________________________ _____________________________________________________________________________ _____________________________________________________________________________ NOW, THEREFORE, if the Principal, upon acceptance by the State of its bid identified above, within the period specified therein for acceptance (ninety (90) days, if no period is specified), shall execute such further contractual documents, if any, and give such bond(s) as may be required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms, or in the event of failure so to execute such further contractual documents and give such bonds, if the Principal shall pay the State the difference not to exceed the penalty hereof between the amount specified in Principal’s bid and such larger amount for which the State may in good faith contract with another party to perform the work covered by said bid, then the above obligation shall be void and of no effect. The Surety executing this instrument hereby agrees that its obligation shall not be impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the State, notice of which extension(s) to the Surety being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating not more than ninety (90) calendar days in addition to the period originally allowed for acceptance of the bid. .




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FOR INDIVIDUALS In Presence of: Individual Principal Witness __________________________________ (Name) _____________________________ as to ________________________________ (SEAL) FOR PARTNERSHIPS In Presence of: Partnership Principal Witness __________________________________ (Name) _____________________________ as to ________________________________ (SEAL) Partner _____________________________ as to ________________________________ (SEAL) Partner _____________________________ as to ________________________________ (SEAL) Partner FOR CORPORATIONS Attest: Corporate Principal __________________________________ (Name of Corporation) _____________________________ By: ______________________________ Secretary President

AFFIX SEAL




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SURETY Name of Surety: ______________________________________________________ Business Address: ____________________________________________________ ____________________________________________________ Attest: ______________________________ By: __________________________________ Attorney-in-fact

Bonding Agent’s Name __________________________________________________ Agent’s Address ________________________________________________________ Approved as to form and legal sufficiency this _____ day of _____________________ 20 _____ ______________________________ Assistant Attorney General

AFFIX SEAL




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EXPERIENCE QUESTIONNAIRE

Contract No._____________________ I. General a. Legal Title and Address of Organization

b. Maryland Representative's Name, Title and Address

c. Corporation Co-Partnership Individual

(Check One) II. Experience

a. Indicate type of contracting undertaken by your organization and years' experience General Sub Type ____________________ Years Years

b. State construction experience of principle members of your organization

Construction Experience

Name Title Years

Experience Type of Work

Highway, Etc.

In What Capacity Foreman, Etc.

c. Give any special qualifications of firm members (Registered Engineer, Surveyors, etc.)




168

2 of 4 d. List some principal projects completed by your organization.

Description General or Sub (If Sub, what

Type of Work)

Your Contract

Amount

Year

Contract Name/Number




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e. Have you ever performed work for the U.S Government? ________; any State Government? __________ (List State); any County or City Government?________

(List). If yes to any of above please list references.

f. Have you ever failed to complete any work awarded to you?__________________ If so, where and why?

g. Has any officer or partner of your organization ever been an officer or partner of

some other organization that failed to complete a construction contract? ______ If so, state name of individual, other organization and reason therefore.

h. Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? ________________________________________

If so, state name of individual, name of Owner and reason therefore.

Ill. Award of Contract a. If awarded this contract, do you intend to sublet any portion of the work? If so,

state item numbers or description, and if known, the name and address of the subcontractor.




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4 of 4 b. Work presently under contract to, or pending award to your organization.

Contract No. Or Description

Total Cost of Project

Amount of Work

Completed

Amount to be

Completed

Probable Date of Completion

IV. Bidder Certification The above statements are certified to be true and accurate and we have the equipment, labor, supervision and financial capacity to perform this contract, either with our organization or with subcontractors, as provided in Section GP-8.01. Dated at _____________________ this _________________ day of___________ 20_______ By ________________________________ ___________________________________ Title of Person Signing ___________________________________ Name of Organization State of ______________________ County of ____________________ ___________________________________________ being duly sworn states that he is ____________________________ of __________________________ and that the answers to the foregoing questions and all statements therein contained are true an Sworn to before me this _________________ day of ________________ 20_______ ________________________________ Notary Public My Commission expires: _________________