maryland transportation authority baltimore, maryland

VERSION 15.1 – July 6, 2016

MARYLAND TRANSPORTATION AUTHORITY Baltimore, Maryland

Invitation for Bids

FORT McHENRY TUNNEL

Contract No. FT-3005-0000

DECK SEALING AND MISCELLANEOUS

REHABILITATION TO BRIDGES ON I-395 AND I-95 NORTH OF THE FORT MCHENRY TUNNEL

Baltimore City

October 2, 2017

SMALL BUSINESS PREFERENCE (SBP)

Prospective Bidders who have received this document from a source other than https://emaryland.buyspeed.com/bso/ and wish to assure receipt of any changes or additional materials to the IFB, should immediately log into the eMaryland Marketplace website for this Solicitation so that amendments or other communications are sent directly to them.

**Minority Business Enterprises are Encouraged to respond to this Solicitation.**

INTENTIONALLY LEFT BLANK

Maryland Transportation Authority

Deck Sealing and Miscellaneous Rehabilitation to Bridges on I-395 And I-95 North of the Fort McHenry Tunnel


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

INVITATION FOR BIDS ...................................................................................................... 5

KEY INFORMATION SUMMARY SHEET ...................................................................................................... 5 PROJECT SCOPE OF WORK ............................................................................................................................. 7 QUALIFICATIONS AND EXPERIENCE REQUIREMENTS ........................................................................... 8

PART A ................................................................................................................................. 9

GENERAL INFORMATION ............................................................................................. 10

GI-1 SPECIFICATIONS .................................................................................................................................... 10 GI-2 PROJECT DESCRIPTION ....................................................................................................................... 10 GI-3 PROJECT TIME ....................................................................................................................................... 10 GI-4 PROCUREMENT OFFICER .................................................................................................................... 10 GI-5 CONTRACT MANAGER ........................................................................................................................ 11 GI-6 PRE-BID MEETING AND SITE VISIT ................................................................................................... 11 GI-7 QUESTIONS DUE DATE ........................................................................................................................ 12 GI-8 EMARYLAND MARKET PLACE ........................................................................................................... 12 GI-9 BIDDER’S LIST ........................................................................................................................................ 12 GI-10 ELECTRONIC COMMUNICATIONS ................................................................................................... 13 GI-11 BID DUE DATE AND SUBMITTAL REQUIREMENTS ..................................................................... 13 GI-12 REVISIONS TO THE IFB ....................................................................................................................... 14 GI-13 CONTRACTORS RESPONSIBILITY .................................................................................................... 15 GI-14 BID GUARANTY AND BONDING REQUIREMENTS ........................................................................ 15 GI-15 ELECTRONIC FUNDS TRANSFER ...................................................................................................... 18 GI-16 VERIFICATION OF REGISTRATION AND TAX PAYMENT ............................................................ 19 GI–17 ARREARAGES ...................................................................................................................................... 19 GI-18 BID/PROPOSAL AFFIDAVIT ............................................................................................................... 19

CONTRACT PROVISIONS ............................................................................................... 20

CP-1 MINORITY BUSINESS ENTERPRISE/AFFIRMATIVE ACTION/CONTRACT ................................ 20 COMPLIANCE .................................................................................................................................................. 20 CP–2 MBE FORMS ........................................................................................................................................... 21 CP–3 MBE LIQUIDATED DAMAGES ............................................................................................................ 22 CP-4 SMALL BUSINESS PREFERENCE ........................................................................................................ 23 CP-5 IMPORTANT INFORMATION REGARDING VETERAN-OWNED SMALL BUSINESS

ENTERPRISE (VSBE) BIDDING AND REQUIREMENTS ................................................................... 24 CP-7 INVESTMENT ACTIVITIES IN IRAN ACT........................................................................................... 27

PART B ............................................................................................................................... 28

PART B-1 ............................................................................................................................. 29

SPECIAL PROVISIONS .................................................................................................... 29

SP 1-1 TC-5.02 EARLY SUBMISSIONS ......................................................................................................... 29 SP 1-2 WORK HOURS ...................................................................................................................................... 29 SP 1-3 PROGRESS SCHEDULE REQUIREMENTS ....................................................................................... 30 SP 1-4 CONTRACTOR’S EMPLOYEE IDENTIFICATION ........................................................................... 30 SP 1-5 PROGRESS PHOTOGRAPHS ............................................................................................................... 30 SP 1-6 ACCESS TO PROJECT SITE ................................................................................................................. 31




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SP 1-7 REFERENCE DOCUMENTS ................................................................................................................ 31 SP1-8 RIGHT-OF-WAY STATUS .................................................................................................................... 31 SP1-9 RECYCLE, REUSE, RECLAIM REPORTING REQUIREMENTS ....................................................... 32 SP 1-10 MONTHLY STATUS REPORT ........................................................................................................... 33

GENERAL PROVISIONS .................................................................................................. 35

GP-1.03 ORGANIZATIONAL DEFINITIONS ................................................................................................ 36 GP-1.05 DEFINITIONS ..................................................................................................................................... 37 GP-2.04 SITE INVESTIGATION ..................................................................................................................... 38 GP-2.23 BID PROTEST ..................................................................................................................................... 39 GP-4.10 WARRANTY OF CONSTRUCTION ................................................................................................ 40 GP-5.06 COOPERATION BETWEEN CONTRACTORS ............................................................................... 41 GP-5.12 FAILURE TO MAINTAIN ENTIRE PROJECT ................................................................................. 44 GP-7.05 CONSTRUCTION SAFETY AND HEALTH STANDARDS ............................................................ 45 GP-7.14 LIABILITY INSURANCE ................................................................................................................... 53 GP-8.01 SUBCONTRACTING ......................................................................................................................... 54 GP-8.09 LIQUIDATED DAMAGES ................................................................................................................ 55 GP-9.01 SCOPE OF PAYMENT ....................................................................................................................... 56

TERMS AND CONDITIONS ............................................................................................. 58

TC-4.01 WORKING DRAWINGS .................................................................................................................... 59 TC-4.02 FAILURE TO MAINTAIN PROJECT ............................................................................................... 67 TC-5.01 INSURANCE ...................................................................................................................................... 68 TC-5.02 NOTICE TO PROCEED AND PROJECT SCHEDULE ..................................................................... 71 TC-5.03 SUBCONTRACTING AND SUBCONTRACTORS .......................................................................... 72 TC-6.14 STORING MATERIALS AND EQUIPMENT ON/AGAINST STRUCTURES RESTRICTIONS ... 76 TC-6.15 SECURITY GUIDELINES AND PROCEDURES APPLICABLE TO CONTRACTORS WORKING ON NON-

SECURITY SENSITIVE CONTRACTS ............................................................................................................. 77 TC-7.05 PROGRESS PAYMENT ..................................................................................................................... 81 TC-7.07 LATE PAYMENTS ............................................................................................................................ 83

CONTRACT SPECIFICATIONS ...................................................................................... 84

SECTION 103 – ENGINEER’S OFFICE ........................................................................................................... 85 SECTION 104 – MAINTENANCE OF TRAFFIC (GENERAL) ....................................................................... 89 SECTION 104.01 – TRAFFIC CONTROL PLAN ............................................................................................. 90 SECTION 104.02 – MAINTENANCE OF TRAFFIC (MOT). .......................................................................... 99 SECTION 104.07 –ARROW PANEL (AP). ..................................................................................................... 100 SECTION 104.08 – TEMPORARY TRAFFIC SIGNS (TTS). ........................................................................ 102 SECTION 104.12 – DRUMS FOR MAINTENANCE OF TRAFFIC .............................................................. 106 SECTION 104.14 – CONES FOR MAINTENANCE OF TRAFFIC ............................................................... 107 SECTION 104.23 – PROTECTION VEHICLE ............................................................................................... 110 SECTION 109 – CRITICAL PATH METHOD PROJECT SCHEDULE ........................................................ 111 SECTION 111– SAMPLING DEVICES, TESTING AND SAFETY EQUIPMENT ...................................... 112 SECTION 114 – TRUCK STAGING AREAS AND IDLING REQUIREMENTS .......................................... 120 SECTION 400.01 – CONCRETE BRIDGE DECK SEALING SYSTEMS ..................................................... 122 SECTION 400.02 – MISCELLANEOUS REPAIRS ....................................................................................... 125 SECTION 400.03 – CONCRETE BRIDGE DECK REPAIRS ........................................................................ 126 SECTION 400.04 – REPLACE CHAIN LINK FENCING FABRIC ............................................................... 128 SECTION 400.05 – BRIDGE PARAPET JUNCTION BOX REPAIRS .......................................................... 130 SECTION 400.06 – REPAIR/REPLACE CHAIN LINK FENCING HARDWARE ....................................... 131 SECTION 400.07 – TROWEL GRADE MORTAR FOR BRIDGE REPAIRS ................................................ 133 SECTION 400.08 – METHYL-METHACRYLATE (MMA) CRACK REPAIR ............................................. 134




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SECTION 423 – PNEUMATICALLY APPLIED MORTAR .......................................................................... 135 SECTION 460 – EXPANSION JOINTS IN STRUCTURES ........................................................................... 136 SECTION 499 – WORKING DRAWINGS ..................................................................................................... 139 SECTION 500.01 – RUMBLE STRIPS ........................................................................................................... 140 SECTION 549 – PAVEMENT MARKINGS ................................................................................................... 141 SECTION 557 – SNOWPLOWABLE RAISED PAVEMENT MARKERS .................................................... 145 SECTION 558 – REMOVAL OF EXISTING PAVEMENT MARKINGS ...................................................... 147 SECTION 559 – PERMANENT PERFORMED PATTERNED REFLECTIVE PAVEMENT MARKINGS . 150 SECTION 563 – PERMANENT PREFORMED PATTERNED REFLECTIVE CONTRAST PAVEMENT

MARKINGS ............................................................................................................................................ 153 SECTION 604 – CONCRETE TRAFFIC BARRIER ....................................................................................... 156 SECTION 831 – MISS UTILITY ..................................................................................................................... 157 SECTION 875 – UTILITIES STATEMENT ................................................................................................... 171

SECTION 901 — AGGREGATES ................................................................................................................... 175 SECTION 902 — PORTLAND CEMENT CONCRETE AND RELATED PRODUCTS ............................... 181 SECTION 908 — REINFORCEMENT STEEL ............................................................................................... 201 SECTION 911 — JOINTS ............................................................................................................................... 203 SECTION 914 — CHAIN LINK FENCE ........................................................................................................ 204 SECTION 918 — TRAFFIC BARRIERS ........................................................................................................ 205 SECTION 950 – TRAFFIC MATERIALS ....................................................................................................... 206 SECTION 951.08 – REMOVABLE PAVEMENT MARKING TAPE ............................................................ 212 NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP) REPORT 350 AND THE

MANUAL FOR ASSESSING SAFETY HARDWARE (MASH) IMPLEMENTATION SCHEDULE

FOR DEVICES USED IN THE MAINTENANCE OF TRAFFIC .......................................................... 217 OCCUPYING WETLANDS ............................................................................................................................ 219 HIGH VISIBILITY SAFETY APPAREL POLICY ......................................................................................... 220 FHWA FORM 47 & ENVIRONMENTAL STEWARDSHIP .......................................................................... 222 TRAFFIC CONTROL PLAN CERTIFICATION ............................................................................................ 223 MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MDMUTCD) REQUIREMENTS ................. 224 ELECTRONIC DATA SUBMISSION REQUIREMENTS FOR GEOGRAPHICAL INFORMATION

SYSTEM ................................................................................................................................................. 225

PART B-2 ........................................................................................................................... 231

SCHEDULE OF PRICES ................................................................................................. 232

EXPERIENCE QUESTIONNAIRE FORMS .................................................................................................. 245

PART C ............................................................................................................................... 249

BUY AMERICAN STEEL ACT ...................................................................................................................... 251 MDOT MBE FORM A ........................................................................................................................................ 254 MDOT MBE FORM B ........................................................................................................................................ 256 MDOT MBE FORM C ........................................................................................................................................ 262 MDOT MBE FORM D ........................................................................................................................................ 263 MDOT MBE/DBE FORM E ................................................................................................................................ 264 BID/PROPOSAL AFFIDAVIT ........................................................................................................................ 275 BID GUARANTY ............................................................................................................................................ 285 BID BOND ....................................................................................................................................................... 288 ESCROW ACCOUNT FOR RETAINED FUNDS .......................................................................................... 292 CONTRACT AFFIDAVIT ............................................................................................................................... 294 VENDOR ELECTRONIC FUNDS TRANSFER (EFT) ............................................................................................... 299 SMALL BUSINESS PREFERENCE AFFIDAVIT ......................................................................................... 302 VETERAN-OWNED SMALL BUSINESS ENTERPRISE (VSBE) FORM ................................................... 305




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DEPARTMENT OF LABOR, LICENSING AND REGULATION DIVISION OF LABOR AND INDUSTRY

PREVAILING WAGE SECTION ........................................................................................................... 309 NOTICE TO VENDORS/CONTRACTORS ................................................................................................... 314 APPRENTICESHIP TRAINING FUND ......................................................................................................... 315 WAGE RATES ................................................................................................................................................ 321

CONTRACTOR AFFIRMATIVE ACTION PROGRAM ............................................ 329

CONTRACTOR AFFIRMATIVE ACTION PROGRAM – TABLE OF CONTENTS ................................... 330 CONTRACTOR AFFIRMATIVE ACTION PROGRAM ............................................................................... 332 CONTRACTOR AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY PROGRAM ........ 334 LEGAL MANDATES ...................................................................................................................................... 335 ASSIGNMENT OF RESPONSIBILITIES ....................................................................................................... 337 DISSEMINATION OF POLICY ...................................................................................................................... 338 RECRUITMENT ............................................................................................................................................. 339 PERSONNEL ACTIONS ................................................................................................................................. 340 TRAINING AND PROMOTION ..................................................................................................................... 341 UTILIZATION OF UNIONS ........................................................................................................................... 342 UTILIZATION OF SUBCONTRACTORS ..................................................................................................... 343 RECORDS AND REPORTS ............................................................................................................................ 344 MONITORING ................................................................................................................................................ 345 AFFIRMATIVE ACTION REQUIREMENTS UTILIZATION OF MINORITY BUSINESS ENTERPRISES

FOR STRAIGHT STATE CONTRACTS ............................................................................................... 346




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Invitation for Bids KEY INFORMATION SUMMARY SHEET

CONTRACT NO.: FT-3005 eMM SOLICITATION: MDJ0731035146 TITLE: Deck Sealing and Miscellaneous Rehabilitation to Bridges on I-395 And

I-95 North of the Fort McHenry Tunnel. FACILITY: Fort McHenry Tunnel COUNTY: Baltimore City ADVERTISED: October 2, 2017 PRE-BID MEETING: October 10 2017, 10:00 am. Local time, at the Maryland Transportation

Authority Administration Building, 3990 Leland Avenue, Baltimore, MD 21224.

SITE VISIT: Will immediately follow the Pre-Bid Meeting QUESTIONS DUE DATE October 17, 3:00 p.m. Local Time See Section GI-7 PROCUREMENT OFFICER: Name: Janet Fleming Phone # 410-537-7510 Fax # 410-537-7801 Email Address: [email protected] BIDS ARE TO BE SENT TO: Maryland Transportation Authority - Division of Procurement ATTN: BID BOX 2310 Broening Highway - Baltimore, MD 21224

BID DUE DATE AND TIME: November 7, 2017, 1:00 p.m. Local Time CLASSIFICATION: Class - F ($5,000,001 to $10,000,000) PROJECT TIME: 540 Calendar Days from NTP LIQUIDATED DAMAGES: MBE Liquidated Damages – CP-3 Project Liquidated Damages – GP-8.09 MINIMUM MBE GOALS: Overall 29% with sub-goals: 7% for African American-owned firms and 4%

for Asian American-owned firms MINIMUM VSBE GOAL: 1% goal




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SBP: Small Business Preference Eligible BID DOCUMENTS: Bid documents can be downloaded from

https://emaryland.buyspeed.com/bso/. Any questions regarding this website, please contact the eMaryland Marketplace Help Desk at 410-767-1492.




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PROJECT SCOPE OF WORK The scope of work includes deck sealing and miscellaneous repairs to the following bridges on I-395 and I-95 north of the Fort McHenry Tunnel: 1. BCWT06001 (I-395 Ramp F over Middle Branch, Ramp G&H and I-95) 2. BCWT08021 (I-395 Ramp G over Middle Branch, MTA Light Rail, CSX Transportation and Stockholm St.) 3. BCWT11021 (I-395 SB over Ostend St. and Stadium Lots G and H) 4. BCWT14021 (I-395 SB over Hamburg St. and Stadium Lot F) 5. BCWT34001 (I-395 Ramp EE over Stadium Lot B) 6. BCWT36021 (I-395 SB Spur over Russell St. and Stadium Lot B) 7. BCWT40021 (I-395 Spur SB over West Hamburg St., MTA Light Rail, CSX Transportation, MARC and Stadium Lots B, C, F, and G) 8. BCW562001 (I-95 Ramp OT over CNX Railroad) 9. BCW563001 (I-95 Ramp O over Vacant Lot and Wetlands) 10. BCW564001 (I-95 Ramp P over Vacant Lot and Wetlands) 11. BCW565001 (I-95 Ramp OP over CNX Railroad) 12. BCW567011 (I-95 NB over Ramp O) 13. BCW567021 (I-95 SB over Ramp O) 14. BCW568001 (I-95 SB Ramp S to Keith Avenue) 15. BCW571001 (I-95 Ramp D over Rappolla St.) 16. BCW572001 (I-95 Ramp Q from Boston St. to I-95 SB) 17. BCW575001 (I-95 Ramp L to O’Donnell St.) 18. BCW576021 (I-95 SB over O’Donnell St. and Boston St.) 19. BCW579021 (I-95 SB over Gusryan St.) 20. BCW580001 (I-95 Ramp J over Gusryan St.) 21. BCW596011 (I-95 NB over Kane St., North Point Blvd., CSX Transportation, AMTRAK, Norfolk Southern RR, Quad Ave., and Herring Run) 22. BCW596021 (I-95 NB over Kane St., North Point Blvd., CSX Transportation, AMTRAK, Norfolk Southern RR, Quad Ave., and Herring Run) 23. BCW598021 (I-95 SB over CSX Transportation) 24. BCW600001 (I-95 Ramp A over CSX Transportation) 25. BCW601021 (I-95 SB over U.S. 40) 26. BCX146001 (I-895 Toll Lanes over I-95 SB and Moores Run) and implementation of temporary maintenance of traffic devices.




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QUALIFICATIONS AND EXPERIENCE REQUIREMENTS The Prime Contractor shall have at least three (3) years of experience as a Company performing bridge repairs, including rehabilitating bridge decks of the same scope and magnitude as required by this Contract. If the Company is a Joint Venture, at least one of the firms of the Joint Venture shall possess this experience. The Contractor must provide references with its Bid that will be able to demonstrate the required experience on a minimum of five (5) projects of similar scope. The experience of officers, employees, personnel, or subcontractors of the Company may not be counted to satisfy the required three (3) years’ experience requirement for the company. Pertinent work experience shall be submitted with the bid documents (See Experience Questionnaire). When submitting the Experience Questionnaire, the Contractor must include a name and phone number of a contact person for each project listed. Additionally, the company that will be performing the application of the sealant shall have a minimum of five (5) years of experience performing work similar in scope and magnitude as required by this Contract. The Contractor must provide references with its Bid that will be able to demonstrate successful application of the specified material on a minimum of five (5) projects of similar scope. The experience of officers, employees, personnel, or subcontractors of the Company may not be counted to satisfy the required five (5) years’ experience requirement for the company. Pertinent work experience shall be submitted with the bid documents (See Experience Questionnaire). When submitting the Experience Questionnaire, the Contractor must include a name and phone number of a contact person for each project listed.




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PART A


Deck Sealing and Miscellaneous Rehabilitation to Bridges on

I-395 And I-95 North of the Fort McHenry Tunnel

SPECIAL PROVISIONS Contract No. FT-3005-0000

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GENERAL INFORMATION GI-1 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. You can access the SHA’s Standard Specifications for Construction and Materials at the following web site link: www.roads.maryland.gov 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.

GI-2 PROJECT DESCRIPTION

This project includes installing a protective sealant on bridge decks, cleaning and replacing bridge deck joint seals, patching deteriorated concrete in bridge decks and parapets, replacing pavement markings, miscellaneous other bridge and roadway repairs and providing for all necessary maintenance of traffic for various bridges on I-95 and I-395 (Fort McHenry Tunnel).

GI-3 PROJECT TIME

The time to complete the Project resulting from this IFB shall be for a period of 540 Calendar Days.

GI-4 PROCUREMENT OFFICER

The sole point of contact for this IFB prior to the award of any contract is the Procurement Officer at the address listed below: Janet Fleming Division of Procurement Maryland Transportation Authority Phone No. 410-537-7510 2310 Broening Highway Fax No. 410-537-7801 Baltimore, MD 21224 E-mail: [email protected]

The MDTA may change the Procurement Officer at any time by written notice to the Contractor.





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GI-5 CONTRACT MANAGER

The Contract Manager monitors the daily activities of the Contract and provides guidance to the Contractor. The State Contract Manager is: William N. Pines, P.E. Maryland Transportation Authority 8019 Corporate Drive, Ste. F Phone No. 410-931-0808 Baltimore, MD 21236 Fax No. 410-931-4110 E-mail: [email protected] The MDTA may change the Contract Manager at any time by written notice to the Contractor.

GI-6 PRE-BID MEETING AND SITE VISIT

A Pre-Bid Meeting will be held on Tuesday, October 10, 2017, beginning at 10:00 a.m. Local Time, Maryland Transportation Authority, Fort McHenry Tunnel, 4000 Leland Ave., Baltimore, MD 21224. Attendance at the Pre-Bid Conference is not mandatory, but all interested Bidders are encouraged to attend to raise questions and/or issues of concern regarding this IFB, gain an understanding of the bidding process, and facilitate better preparation of their bids. In addition, attendance may facilitate the Bidders understanding of the IFB requirements. A Site Visit will be held immediately following the Pre-Bid Meeting, at 4000 Lelend Avenue, Baltimore MD 21224. Attendance at the Site Visit is not mandatory. All interested Bidders are encouraged to attend in order to become familiar with the project environment. It is the sole responsibility of the Bidders to familiarize themselves fully with the scope of work and the contents of these specifications. Failure to attend the pre bid conference or site visit does not relieve the successful Bidder from their obligations to comply with all aspects of this bid package for the amount specified in their bid. As promptly as feasible after the Pre-Bid Meeting, a written summary of the Meeting and all questions and answers known will be distributed electronically via eMaryland Marketplace at https://emaryland.buyspeed.com/bso/.





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GI-7 QUESTIONS DUE DATE

Please submit all questions in writing to the Procurement Officer: Janet Fleming via email at: [email protected]. and cc: [email protected] Questions will be received until Tuesday, October 17, 2017, 3:00 p.m. Local Time. Oral questions will not be entertained. All questions and responses will be published as an Addendum to the solicitation on eMM. Bidders should receive an automatic electronic confirmation email from the MDTAProcurement mailbox once the question is received. If a bidder does not receive an email confirmation, please contact the Procurement Officer immediately. If a bidder does not receive an automatic electronic confirmation email and does not immediately contact the Procurement Officer, MDTA will not be able to accept questions after the question due date, provide answers to questions received after the question due date, or extend the bid due date because of questions not received.

GI-8 eMARYLAND MARKET PLACE

eMaryland Marketplace (“eMM”) is an electronic commerce system administered by the Maryland Department of General Services. All associated materials, the solicitation, the summary of the Pre-Bid meeting, bidder’s questions and the Procurement Officers responses, addenda, and other solicitation related information will be provided via eMaryland Marketplace. A Bidder must be registered on eMM in order to receive a Contract award. Registration is free; should you have any questions regarding registration, please call the eMM Help Desk at 410-767-1492.

GI-9 BIDDER’S LIST

The Bidders list for this solicitation is available on the eMaryland Marketplace website, (https://emaryland.buyspeed.com/bso/). To view this list:

On the eMaryland website;https://emaryland.buyspeed.com/bso/; Click Open Bids on the Login screen (DO NOT LOG IN to eMaryland); Open bid opportunities will be listed (you can filter the list by category, if desired); On the open bids screen, the right hand column is labeled Bid Holders List; When the solicitation is found, double click the List link to view the Bid Holders List

If you need additional assistance, please contact the eMaryland Helpdesk at (410) 767-1492.





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GI-10 ELECTRONIC COMMUNICATIONS

With the exception of questions received prior to the Questions Due date as indicated in GI 7, the MDTA will not accept bids, protests, notices of claim, or claims by any electronic means (including by facsimile or email).

GI-11 BID DUE DATE AND SUBMITTAL REQUIREMENTS

Bids are due no later than 1:00 p.m. Local Time, Tuesday, November 7, 2017. Bids received after the time deadline will be considered late and returned unopened to the Bidder. A. Bid documents shall be submitted in sealed packaging and include the following

information clearly marked and identified on the outside of the package: Contract Number Contract Title Bid Opening Date Bidder Name Bidder Address

B. When submitting your completed bid, the following documents must be submitted: All Addenda Acknowledgment Pages Bid Form Schedule of Prices Buy American Steel Act MDOT MBE Form A MDOT MBE Form B VSBE Utilization Affidavit and Participation - Schedule Form A Bid Affidavit Bid Guaranty Bid Bond Experience Questionnaire Small Business Preference Affidavit (SBP) (If Applicable)

C. If the Bid document package is too large for the bid box, you should alert the Security Guard on duty in the building Lobby, who will notify the Division of Procurement to come to the Lobby and physically receive the Bid.

D. When submitting bid packages via US Mail, Federal Express, DHL, UPS or any other

delivery service, the MDTA shall not be responsible for ensuring that the bid reaches the bid box before the time deadline. It may be in your best interest to send the package 24





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hours in advance of the deadline. Also, when sending packages this way, make sure that

the outside labeling clearly identifies the above referenced information.

E. Please note that all information submitted with your bid is considered public information and will be available for review by the public at time of bid opening or otherwise upon request. Therefore, a Bidder shall identify any portion of its Bid that the Bidder considers to be confidential or proprietary information, and shall provide any justification as to why these materials should not be disclosed by the MDTA. Any information believed to be confidential or proprietary should be placed in a separate envelope and submitted at time of Bid with the bid documents. The separate envelope should be clearly labeled or marked “Confidential”.

The MDTA will make the final determination as to whether or not the documents are

confidential in accordance with the provisions of the Maryland Public Information Act, which may be found in the General Provisions Article, Title 4 Annotated Code of Maryland.

F. On the Schedule of Prices, bid amounts for each Line Item, Unit Price and Total Amount

must be written both numerically and in words. Each line item must be completed with a price, don’t leave any items blank. If a specific line item is priced at Zero Dollars ($0.00), it must be written as such.

G. When tabulating your final price, make sure all your calculations are correct.

H. Each Bidder shall submit with its bid, a fully executed bid bond on the MDTA Bid Bond

form provided or any other form of Bid Guaranty offered. GI-12 REVISIONS TO THE IFB

In the event it becomes necessary to revise any part of the IFB, or if any additional information is required to enable potential Bidders to interpret the provisions of the IFB, an addendum 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 ADDENDUM TO THIS IFB. MDTA is not responsible for notifying Bidders of addendums to the IFB other than by posting addendums on eMaryland Marketplace.

If an Addenda has revised any of the required Bid documents, make sure that you submit the revised pages in your bid. Pricing submitted shall reflect any and all changes made through an Addenda.





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GI-13 CONTRACTORS RESPONSIBILITY

A. This IFB is to be read and construed as a whole.

B. Bidders agree to comply with each and every section, subsection and addendum of this

solicitation. Failure to comply will result in the rejection of the Bid. Bidders shall not change or alter any Attachment or alter any other State attachments or the Bid will be rejected.

C. Each Bidder is responsible for fully reading and understanding the terms and conditions

of this IFB. Any Bidder finding any discrepancy in or omission from the IFB, or who is in doubt as to the meaning of any provision of this IFB, must direct questions or requests for clarification in writing to the Procurement Officer at the earliest possible time.

D. If the Bid submitted for this contract is $100,000 or more, the Awardee shall 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. (Refer to COMAR 21.07.02.10 for a sample of forms.)

E. The Awardee shall begin work as specified in the "Notice to Proceed". F. Awardee shall 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.

G. Awardee shall 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, Awardee agrees to perform such work on a "Force Account" basis, as provided by the General Provisions.

H. Awardee shall supply such additional information as may be required by the

Specifications.

GI-14 BID GUARANTY AND BONDING REQUIREMENTS

A Bid Security totaling five percent (5%) of the bid amount will be required on bids of $100,000 or more.





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No bid will be considered for any Contract in excess of $100,000 unless accompanied by a guaranty in the amount not less than five percent (5%) of the amount bid. A Bidder who elects to furnish a Bid Bond is requested to use the form provided with this IFB. 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 blank check as security shall complete the Bid Guaranty Form provided with this IFB.

A. Acceptable security for bid, performance, and payment bonds is limited to:

1. A bond in a form satisfactory to the State underwritten by a surety company

authorized to do business in this State;

2. A bank certified check, bank cashier's check, bank treasurer's check, cash, or trust account;

3. Pledge of securities backed by the full faith and credit of the United States

government or bonds issued by the State of Maryland;

4. An irrevocable letter of credit in a form satisfactory to the Attorney General and issued by a financial institution approved by the State Treasurer. or

5. For performance security, on construction contracts, the grant of a mortgage or deed

of trust on real property located in the State of Maryland when:

a. The face amount of the instrument does not exceed seventy-five percent (75%) of the contractor’s equity interest in the property, and

b. The assignment of the mortgage or deed of trust is recorded in the county land

records pursuant to Real Property Article, §Annotated Code of Maryland. c. The assignment of the mortgage or deed of trust is recorded in the county land

records pursuant to Real Property Article, § 3-103, Annotated Code of Maryland.

B. When a bidder elects to use cash as security for bid, performance and payment bonds the acceptance of the cash security shall be acknowledged by a written receipt signed by the head of the General Accounting Division or his designee, and included in the Bidders bid package at the time of bid opening.





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C. Surety Bond Assistance Program

Small businesses may qualify for assistance in obtaining bid, performance and payment bonds through the Maryland Small Business Development Financing Authority (MSBDFA). MSBDFA can directly issue bid, performance or payment bonds up to $5 million. MSBDFA may also guarantee upt to 90% of a surety’s losses resulting from a contractor’s breach of bid, performance or payment bond or $1,350,000, whichever is less. Bonds issued directly by the MSBDFA Surety Bond Program (Program) will remain in effect for the term of the contract. Bond guarantees will remain in effect for the term of the bond. To be eligible for bonding assistance, an applicant must: 1. Have its principal place of business in Maryland or be a Maryland resident; 2. First be denied bonding by at least one surety in both the standard and specialty markets within 90 days of submitting a bond application to MSBDFA; 3. Employ fewer than 500 full-time employees or have gross sales of less than $50 million annually; 4. Not subcontract more than 75 percent of the work; 5. Have good moral character and a history of financial responsibility; 6. Demonstrate that the contract will have a substantial economic impact; and 7. Never have defaulted on any loan or financial assistance made or guaranteed by MSBDFA. Applicants are encouraged to apply for loan assistance under the Program through their respective bonding agents. Questions regarding the bonding assistance program shall be referred to:

Maryland Small Business Development Financing Authority c/o Meridian Management Group, Inc.

826 East Baltimore Street Baltimore, Maryland 21202

Phone: 410-333-2548 Fax: 410-333-2552

Email: [email protected]





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GI-15 ELECTRONIC FUNDS TRANSFER

By submitting a response to this IFB, the Bidder agrees to accept payments by electronic funds transfer unless the MDTA grants an exemption. The selected Bidder shall register using the Maryland Transportation Authority, Vendor Electronic Funds Transfer (EFT) Registration Request Form. Any request for exemption must be submitted to the MDTA’s Office of Finance for approval at the address specified on the EFT Registration Request Form and must include the business identification information as stated on the form and the reason for the exemption.





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GI-16 VERIFICATION OF REGISTRATION AND TAX PAYMENT

Before a corporation can do business in the State of Maryland it must be registered with the Department of Assessments and Taxation, State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A Bidder’s failure to complete registration with the Department of Assessments and Taxation may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award.

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 MDTA, 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.

Forms can be obtained via the Maryland Department of Assessments and Taxation web site at: www.dat.state.md.us.

GI–17 ARREARAGES

By submitting a response to this Invitation For Bids, a Bidder shall be deemed to represent that is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of he contract if selected for contract award.

GI-18 BID/PROPOSAL AFFIDAVIT

The Bid/Proposal Affidavit must be completely filled out and signed by all the parties as indicated. Bidders shall affirm to each item by entering the word “none” in the space provided. The Bid/Proposal Affidavit shall be signed by an authorized representative of the Company, if signed by someone other than the President of the Company, a Corporate Resolution must be submitted with the Bid, verifying signatory authority on behalf of the Company.





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CONTRACT PROVISIONS CP-1 MINORITY BUSINESS ENTERPRISE/AFFIRMATIVE ACTION/CONTRACT COMPLIANCE

A. This Contract is subject to Executive Order 01.01.1995.19, July 17, 1995 (Code of Fair Practices). This Contract is subject to the applicable provisions of Title 14, Subtitle 3 of State Finance and Procurement Article 21.11.03, Minority Business Enterprises Policies; and COMAR 21.11.04, Contractor Affirmative Action Program Manual, MDTA; and the provisions of COMAR 11.01.10 which incorporates by reference the Minority Business Enterprise Program Manual. Copies of the Minority Business Enterprise Program Manual may be requested from the Maryland Department of Transportation (MDOT), Office of Minority Business Enterprise Office, located at 7201 Corporate Center Drive, Hanover, MD 21076 or can be found on the MDOT website at http://www.mdot.maryland.gov/Office%20of%20Minority%20Business%20Enterprise/Resources%20Information. This Contract is also subject to all applicable federal and State laws and regulations pertaining to Minority Business Enterprise and Affirmative Action.

B. An overall MBE subcontract participation goal of Twenty-Nine Percent (29%) of the

total contract dollar amount, including all renewal option terms, if, any, has been established for this procurement.

The overall MBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

Seven percent (7 %) for African American MBEs, Four percent (4%) for Asian-American MBEs, By submitting a response to this solicitation, the Bidder acknowledges the overall MBE subcontractor participation goal, and commits to achieving the goal by utilizing certified minority business enterprises or requests a full or partial waiver of the goal.

NOTE: New Guidelines Regarding MBE Prime Self-Performance. Please note that when a certified MBE firm participates as a prime contractor on a contract, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own forces toward fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract.”.





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CP–2 MBE FORMS

A. A Bidder shall include with their Bid:

1. A completed MDOT MBE Form A, Certified MBE Utilization and Fair Solicitation Affidavit, whereby the Bidder acknowledges the certified MBE participation goal and subgoals or requests a waiver, commits to make a good faith effort to achieve the goal and affirms that the MBE subcontractors were treated fairly in the solicitation process. Use the attached form only.

COMAR 21.11.03.08 C (5). If the bidder fails to accurately complete and submit this affidavit as required, the bid shall be deemed non-responsive. 2. A completed MDOT MBE Form B, MBE Participation Schedule, whereby the

Bidder responds to the degree of MBE participation as stated in the solicitation, by identifying the specific commitment of certified MBE’s at the time of submission. The Bidder shall specify the percentage of Contract value associated with each MBE subcontractor. Use the attached form only.

B. Within ten (10) working days from notification that it is the apparent lowest Bidder and

apparent awardee, the apparent awardee shall provide the following documentation to the Procurement Officer:

1. A completed MDOT MBE Form C, Outreach Efforts Compliance Statement. 2. A completed MDOT MBE Form D, Subcontractor Project Participation

Affidavit.

3. If the apparent awardee has requested a waiver (in whole or part) of the overall MBE goal or any subgoal as part of the previously submitted MDOT MBE Form A, it shall submit: a completed MDOT MBE Form E, Good Faith Efforts Guidance and Documentation Form; and documentation supporting the waiver request that complies with COMAR 21.11.03.11, within the ten (10) working days with MDOT MBE FORM C, MDOT MBE FORM D and MDOT Form E.

C. If the apparent awardee fails to return the required documentation within the allotted

ten (10) days, the Procurement Officer may determine that the apparent awardee is not responsible and therefore not eligible for contract award.

D. If the MBE Forms are not submitted with your bid, your bid shall be rejected from

consideration. If the MBE Forms are not completed and accurately submitted, your bid shall be rejected from consideration.





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CP–3 MBE LIQUIDATED DAMAGES

The Contract that will result from the solicitation will require the Contractor to make good faith efforts to comply with the Minority Business Enterprise (“MBE”) Program and Contract provisions. The MDTA and the Contractor acknowledge and agree that the State will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision and that liquidated damages present a fair, reasonable, and appropriate estimation of damages.

Therefore, upon a determination by the MDTA that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or Contract provisions and without the MDTA being required to present any evidence of the amount or character of actual damages sustained, the Contractor agrees to pay liquidated damages to the MDTA at the rates set forth below. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty. The Contractor expressly agrees that the MDTA may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of such violation.

A. Failure to submit each monthly payment report in full compliance with COMAR

21.11.03.13B (3): $23.00 per day until the monthly report is submitted as required.

B. Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $82.00 per MBE subcontractor.

C. Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing

the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the contract.

D. d. Failure to meet the Contractor’s total MBE participation goal and subgoal commitments:

the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

Notwithstanding the use of liquidated damages, the MDTA reserves the right to terminate the

contract and exercise all other rights and remedies provided in the contract or by law.





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CP-4 SMALL BUSINESS PREFERENCE

This procurement has been designated as a Small Business Preference in accordance with Title 14, Subtitle 2, of the State Finance and Procurement Article of the Maryland Annotated Code. The preference percentages for this procurement are as follows:

� State-certified, small business (not a veteran-owned or disabled or disabled-veteran-

owned small business) 5 %

� State-certified, veteran-owned small business 7 %

� State-certified, disabled-veteran-owned small business 8 %

The MDTA will accept the most favorable responsive bid from a responsible, certified small business if the bid does not exceed the most favorable responsive bid received from a bidder who is not a certified small business by more than the percentage(s) listed above.

*Eligibility* To be eligible for the preference, your company must have a current small business certification from the Maryland Department of General Services.

Small business size standards in Maryland are different than federal standards. You CANNOT substitute an SBA 8(a) certification or VetBiz verification for Maryland small business certification.

If your small business is eligible but not certified by the State, apply for certification on the

Department of General Services website at www.smallbusinessreserve.maryland.gov and obtain a small business certification number.

State Law requires that the veteran business owner be domiciled in Maryland. There is no

Maryland residency requirement for owners of small businesses participating in the Preference as small businesses without the veteran-owned or disabled-veteran-owned designation.

*Required Information* The bidder must provide the following to the Procurement Officer to prove eligibility for the preference:

� Certified small business that is not veteran-owned or disabled veteran-owned: Provide the DGS

small business certification number.

� Veteran-owned certified small business: Provide the DGS small business certification number AND a copy of the business owner’s DD Form 214 attesting to discharge or release under conditions other than dishonorable.

� Disabled-veteran-owned small business that is currently verified and

registered on www.VetBiz.gov: Provide the DGS small business certification number AND a copy of the letter from the U.S. Department of Veterans Affairs Verification Program showing your verification is current.





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� Disabled-veteran-owned small business that is NOT currently verified and

registered on www.VetBiz.gov: Provide the DGS small business certification number AND a copy of your DD Form 214 showing discharge or release under conditions other than dishonorable AND a copy of your Adjudication Letter from the U.S. Veterans Administration.

CP-5 IMPORTANT INFORMATION REGARDING VETERAN-OWNED SMALL

BUSINESS ENTERPRISE (VSBE) BIDDING AND REQUIREMENTS Veteran-owned Small Business Enterprises, or VSBEs, MUST be verified by the Center for Veterans Enterprise of the United States Department of Veterans Affairs. The VSBE list can be found at http://www.vetbiz.gov. Questions or concerns regarding the VSBE requirements of this IFB must be raised before the opening of bids. NOTE: New Guidelines Regarding VSBE Prime Self-Performance. Please note that when a certified VSBE firm participates as a prime contractor on a contract, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified VSBE firm performs with its own forces toward fulfilling up to one hundred percent (100%) of the VSBE participation goal. PURPOSE Contractor shall structure its procedures for the performance of work required in this contract to attempt to achieve the VSBE goal stated in the Invitation for Bids. VSBE performance must be in accordance with this Section and as authorized by Code of Maryland Regulations (COMAR) 21.11.13. Contractor agrees to exercise all good faith efforts to carry out the requirements set forth in this Section. VSBE GOALS A VSBE subcontract participation goal of One Percent (1%) of the total contract dollar amount has been established for this procurement. By submitting a response to this solicitation, the Bidder agrees that this percentage of the total dollar amount of the contract will be performed by verified VSBEs. SOLICITATION AND CONTRACT FORMATION A Bidder must include with its bid a completed VSBE Utilization Affidavit whereby:





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(1) the Bidder acknowledges it a) intends to meet the VSBE participation goal; or b) requests a full

or partial waiver. If the Bidder commits to the full VSBE goal or requests a partial waiver, they shall commit to making a good faith effort to achieve the stated goal.

(2) the Bidder responds to the expected degree of VSBE participation as stated in the solicitation,

by identifying the specific commitment to VSBEs at the time of submission. The Bidder shall specify the percentage of contract value associated with each VSBE subcontractor identified on the VSBE Participation Schedule.

If a Bidder fails to submit the VSBE Utilization Affidavit with the bid as required, the Procurement Officer may determine that the bid is non-responsive. Within ten (10) working days from notification that it is the apparent awardee, the awardee must provide the following documentation to the Procurement Officer: (1) VSBE Participation Schedule; (2) If the apparent awardee believes a full or partial waiver of the overall VSBE goal is

necessary, it must submit a fully documented waiver request that complies with COMAR 21.11.13.07; and

(3) Any other documentation required by the Procurement Officer to ascertain Bidder responsibility in connection with the VSBE participation goal.

If the apparent awardee fails to return each completed document within the required time, the Procurement Officer may determine that the apparent awardee is not responsible and therefore not eligible for contract award. CONTRACT ADMINISTRATION REQUIREMENTS

Contractor shall: 1. Submit monthly to the MDTA a report listing any unpaid invoices, over 45 days old, received

from any VSBE subcontractor, the amount of each invoice and the reason payment has not been made.

2. Include in its agreements with its VSBE subcontractors a requirement that those subcontractors

submit monthly to the MDTA a report that identifies the prime contract and lists all payments received from Contractor in the preceding 30 days, as well as any outstanding invoices, and the amount of those invoices.

3. Maintain such records as are necessary to confirm compliance with its VSBE participation

obligations. These records must indicate the identity of VSBE and non-VSBE subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work performed. Subcontract agreements documenting the work performed by all VSBE





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participants must be retained by the Contractor and furnished to the Procurement Officer on request. 4. Consent to provide such documentation as reasonably requested and to provide right-of-entry at

reasonable times for purposes of the State’s representatives verifying compliance with the VSBE participation obligations. Contractor must retain all records concerning VSBE participation and make them available for State inspection for three years after final completion of the contract.

5. At the option of the procurement agency, upon completion of the contract and before final

payment and/or release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from VSBE subcontractors.

CP-6 APPRENTICESHIP TRAINING FUND The State Apprenticeship and Training Fund (Fund) Law provides that contractors and certain subcontractors performing work on certain public work contracts are required to make contributions toward apprenticeship. See §17-601 through 17-606, State Finance and Procurement Article, Annotated Code of Maryland. Contractors and subcontractors have three options where they can choose to make their contributions: (1) participate in a registered apprenticeship training program; (2) contribute to an organization that has a registered apprenticeship training program; or (3) contribute to the State Apprenticeship and Training Fund.





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CP-7 INVESTMENT ACTIVITIES IN IRAN ACT Companies appearing on the Investment Activities in Iran list are ineligible for Award. This list can be found at www.bpw.state.md.us. A Company listed on the Investment Activities in Iran list is ineligible to bid on, submit a proposal for, or renew a contract for goods and services with a State agency or any public body of the State. Also ineligible are any parent, successor, subunit, direct or indirect subsidiary of, or any entity under common ownership or control of, any listed company. In addition, all bidders must complete the Certification Regarding Investment Activities in Iran included herein and submit at time of bid.





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PART B





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PART B-1

SPECIAL PROVISIONS SP 1-1 TC-5.02 EARLY SUBMISSIONS

NOTICE TO CONTRACTOR

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 Authority 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 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. SP 1-2 WORK HOURS

Refer to Section 104 “Maintenance of Traffic” for lane and shoulder closure restrictions. All construction activities which cause excessive noise that is in violation of local noise ordinances will not be permitted between the hours of 9:00 p.m. and 7:00 a.m. Except for the above restrictions, the Contractor will be permitted to work twenty-four (24) hours a day, seven (7) days a week.





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SP 1-3 PROGRESS SCHEDULE REQUIREMENTS Refer to Section 109 of the Standard Specifications. SP 1-4 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)

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 times. 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 start of construction and should include the number required of each type.

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

SP 1-5 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 photographs of the work under construction as directed by the Engineer. An average of 18 views per month will be required for the Contract.





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The Contractor shall use a digital camera and furnish to the Engineer digital photographs of the progress of construction via email or electronic file sharing. Each photograph file should be titled with the date it was taken, a photograph description indicating the location and subject of the photo, and the contract number of the construction project. The furnishing of the progress photograph, including file storage will not be measured for payment, but cost thereof shall be included under various pay items appearing in the Bid.

SP 1-6 ACCESS TO PROJECT SITE

Access to the work site shall be via I-395, I-95, and all city and state roadways. It will be the Contractor’s responsibility to coordinate all such access with the MDTA, MDSHA and Baltimore City. Although not anticipated, should access via railroad property be needed it shall be the Contractor’s responsibility to secure authorization from the railroad. Any access from within and/or crossing Railroad Right-of-Way will be subject to the rules and requirements of the individual railroad right of Entry/Construction Agreements and the Contractor’s responsibility to coordinate such access.

Any work within an existing Utility Easement will require approval and Right of Entry from that entity which MDTA will secure.

SP 1-7 REFERENCE DOCUMENTS

Project reference documents, which include available as-built drawings, cross-section drawings, geotechnical data, and permits can be obtained by submitting a formal request to the Project Manager referenced in GI-5. All such reference documents shall be considered as supplemental information to the Contract Documents, the governing order of which shall be as described in TC-3.01.

SP1-8 RIGHT-OF-WAY STATUS

With the possible exception of Railroad Right-of-Way and Utility Easements, all right-of-way and easements are currently in possession of the Maryland Transportation Authority. All railroad rights-of-entry shall be dictated by individual railroad agreements.

The Maryland Transportation Authority will not honor any claims arising from the lack of clear right-of-way. Contractor(s) are to refer to the clear right of way certificate for Right-of-Way Status and may make entry only when notified the right-of-way for a parcel is cleared for construction.





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SP1-9 RECYCLE, REUSE, RECLAIM REPORTING REQUIREMENTS

The Contractor shall recycle, reuse, reclaim as much of the removed materials (structural steel, rebar, concrete, asphalt, bearings, fencing, etc.) as practical. Report and/or provide receipts indicating the disposition of all removed materials to the Project Engineer. The reports and/or receipts shall indicate the item description, amount by weight (in tonnage), disposition (recycled, reused, reclaimed, disposed of, stockpiled for future recycling or use), place where material was taken (company name, phone number and address), and date. The Contractor shall provide the reports and/or receipts on at most a quarterly basis (every 3 months maximum) for the Contract and provide the following overall summary for recycled, reuse, reclaimed and landfilled tonnage:

Date Range for Qtr. =

to

Materials (tons)

Recycled steel/metal =

Recycled concrete =

Recycled asphalt =

Solid waste (landfilled) =





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SP 1-10 MONTHLY STATUS REPORT

A monthly Defect Status Report (example attached) shall be submitted at the end of each month during the completion of this contract. This report shall show each Bridge Identification Number (BIN), MDTA Defect ID, and the actual completion date for each defect repair. The reports shall be submitted electronically in Microsoft Excel (xlxs) format into the Contractor In-Tray on ProjectSolve2 (PS2) and by email to [email protected]. A data file in Excel (xlxs) showing the BINs and MDTA Defect IDs identified on the contract plans will be provided after award of the contract and upon request from the contractor. The Contractor shall verify correlation of the data provided with the contract plans. Preparation and submittal of the Monthly Defect Status Report will not be measured, but the cost shall be incidental to other pertinent items in the Contract documents.





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GENERAL PROVISIONS





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GENERAL PROVISIONS

GP-SECTION 1 DEFINITIONS AND TERMS

GP-1.03 ORGANIZATIONAL DEFINITIONS

DELETE: The definition of “Administration” INSERT: The following.

Administration – The word “Administration” shall mean the “Maryland Transportation Authority”. Except for Office of Materials Technology (OMT), 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 Mike Rice – Facility Administrator Environmental Programs Division Peter Mattejat – Environmental Manager District Office Fort McHenry Tunnel Facility:

1200 Frankfurst Avenue Baltimore, MD 21226

Office of Structures Brian Wolfe – Bridge and Tunnel Manager 300 Authority Drive, Baltimore, MD 21222

Office of Traffic & Safety Serena Liu – Traffic Manager 300 Authority Drive, Baltimore, MD 21222

District Maintenance Jeff Robson – FMT Chief Facility Maintenance Officer





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GENERAL PROVISIONS GP-SECTION 1

DEFINITIONS AND TERMS

GP-1.05 DEFINITIONS

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

DELETE: Section GP-2.04 in its entirety. INSERT: The following.

GP-2.04 SITE INVESTIGATION 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 Railroad impact, Utility Impact, 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 and referenced 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-2.23 BID PROTEST GP18 ADD: After the last paragraph, 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 to 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

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

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 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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2 of 2 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 this 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. Project Information The FT 3005 – Deck Sealing and Miscellaneous Rehabilitation to Bridges on I-395 and I-95 North of the Fort McHenry Tunnel. Included, but not necessarily limited to, are the following Authority contracts that may be ongoing simultaneously:

CONTRACT NO. DESCRIPTION

FT-3003 RESTRIPING TO ADD CAPACITY ALONG I-95 FROM MORAVIA ROAD TO THE FORT MCHENRY TUNNEL

FT-3006 DECK SEALING AND MISCELLANEOUS REHABILITATION TO BRIDGES ON I-395 AND I-95

SOUTH OF THE FORT MCHENRY TUNNEL The achievement of individual contract interim milestones and contract completion dates is essential to the coordinated completion of the Project. The Contractors must, therefore, recognize and keep appraised of the interdependence of their operations and must work collaboratively. E. Access/Work Area Limitations In planning the sequence of work, the Contractor shall be aware that certain areas or portions of work within the Contract may not be available until a certain time after the contract has





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commenced, or certain portions of work may need to be completed by a certain time and the designated work areas vacated. If so indicated, the Contractor shall specifically include all relevant activities and limiting dates in the logic and CPM schedule as a measure of acknowledgement of such restriction in planning for Contract work. F. 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 DELETE: Section GP-5.12 in its entirety INSERT: The following.

GP-5.12 FAILURE TO MAINTAIN ENTIRE PROJECT

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; 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 loosing 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 an MDTA approved Safety and Health Plan is a condition precedent to 25% payment of the Contractor’s initial 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. Additional safety requirements may be necessary when working within the limits of Railroad Rights of Way and the Contractor shall abide by the rules and regulations of the Railroad as directed by the Engineer.





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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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LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

GP-7.14 LIABILITY INSURANCE Section GP 7.14, Page 7 of the Standard Specifications is amended as follows:

MODIFY: The first paragraph under GP 7.14 in its entirety.

The requirement of GP-7.14 “Liability Insurance” to submit Certificate of Insurance prior to starting work is modified for MDTA Contracts to require the certificate of insurance to be submitted prior to the execution of the Contract.





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PROSECUTION AND PROGRESS

GP56 DELETE: Section GP 8.01 in its entirety INSERT: The following. GP-8.01 SUBCONTRACTING 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

DELETE: Section GP 8.09 in its entirety INSERT: The following.

GP-8.09 LIQUIDATED DAMAGES 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 $1,000.00 per Calendar Day. 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.





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GENERAL PROVISIONS GP SECTION 9

PAYMENT

GP70 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





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TERMS AND CONDITIONS TC SECTION 4

CONTROL OF WORK

TC-4.01 WORKING DRAWINGS DELETE: Section (a) in its entirety INSERT: The following.

(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. Where applicable, working drawings will also need Railroad approval as determined by the Engineer and processed by the Engineer.

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





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2 of 8 specified, all working drawings shall conform to the following requirements, conditions, and procedures:

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 and Railroad (where applicable), 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.

Working drawings for standard scuppers are required.

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.





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• Spyware

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

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:

(a) The Contract number.

(b) The Contract title.

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

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

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

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

(g) The date of the submittal.

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

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

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





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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.

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, FT3005-0000, the first six characters of the file name must be FT3005.

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 fifteenth 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. FT3005-SOS-001-Conduit.pdf

2. FT3005-MD-015-Foundation Concrete Mix Design.pdf

ii. Resubmission:

1. FT3005-SOS-001R2-Conduit.pdf

2. FT3005-MD-015R4-Foundation Concrete Mix Design.pdf

iii. Submission with multiple files:

1. FT3005-SUB-109-Structural Steel File 02 of 05.pdf

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

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.

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 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 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 or 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 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 300 Authority Drive Baltimore, Maryland 21222





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2 of 3 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 MDTA 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 MDTA. 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 MDTA, 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 MDTA and final payment is made.

3. The MDTA 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 Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall specifically include the Commercial General Liability Broad Form Endorsement and indicate explosion, collapse, and underground damage coverage.





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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.

e) Pollution Liability Insurance The Contractor shall maintain Pollution Liability Insurance throughout the entire project in the amount of at least Two Million Dollars ($2,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate.

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

the MDTA 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.

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 Bid.





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TC - SECTION 5 LEGAL RELATIONS AND PROGRESS

TC-5.02 NOTICE TO PROCEED AND PROJECT SCHEDULE 101 DELETE: The last sentence of the first paragraph of TC-5.02, “No work shall be started

before receipt of the Notice to Proceed”

INSERT: the following at the end of the first paragraph within Section TC-5.02: No work shall be started before receipt of the Notice to Proceed, except as noted in the following subsection, Early Submissions.

EARLY SUBMISSIONS. 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.





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TC - SECTION 5 LEGAL RELATIONS AND PROGRESS

TC-5.03 SUBCONTRACTING AND SUBCONTRACTORS

DELETE: TC-5.03 Subcontracting and Subcontractors in its entirety. INSERT: The following: TC – 5.03 SUBCONTRACTING AND SUBCONTRACTORS

In addition to the provisions of GP-8.01 (Subcontracting), the following shall apply on MDTA Contracts: The subcontractors named in the Contractor’s bid and approved by the MDTA and those approved when subsequently submitted shall perform the Contract items as approved by the MDTA. Requests for permission to sublet, assign, or otherwise dispose of any portion of the Contract shall be in writing and include the item number or numbers and the dollar value. The Contractor shall give assurance that the minimum wage for labor, as specified in the Contract Documents, shall apply to labor performed on all work sublet, assigned, or otherwise disposed of. When a subcontractor has been approved by the MDTA for the performance of specific items of work on the Contract, the MDTA will not allow the Contractor to substitute another subcontractor, except in the event the Contractor requests in writing that the approved subcontractor be relieved of the necessity of performance of the work. Any change of subcontractors shall be requested in writing by the Contractor and shall have the written concurrence of the previously designated subcontractor. Concurrence shall not be unreasonably delayed, in the judgment of the MDTA. If a subcontractor does not perform to the satisfaction of the Contractor, the Contractor may request to be allowed to perform the work with his own forces or request that another subcontractor, mentioned by name, be substituted. When reasons submitted for the substitution of the subcontractor indicate that the change will be in the best interest of the MDTA, approval of the request will be granted. Roadside production of materials, unless performed by the Contractor, shall be considered as subcontracting. This shall be construed to mean the production of crushed stone, gravel, or other materials by means of portable or semi-portable crushing, screening, or washing plants, established or reopened in the vicinity of the work for the purpose of supplying materials to be incorporated into the work on a designated project or projects.

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2 of 3 The purchase of sand, gravel, crushed stone, crushed slag, batched concrete aggregates, ready mix concrete, or other materials produced at and furnished from established and recognized commercial plants, together with the delivery of the materials to the site of the work by the producer or by recognized commercial hauling companies, will not be considered as subcontracting. Subcontractors Prompt Payment. The Contractor is responsible for making timely payments to all Subcontractors and Suppliers and providing written certification as required by Section 15-226 of the State Finance and Procurement Article of the Annotated Code of Maryland and COMAR 21.10.08. This Contract and all subcontracts issued under this Contract are subject to the provisions of Section 15-226 of the State Finance and Procurement Article and COMAR 21.10.08. A Contractor shall include in its subcontracts for work under this Contract, wording that incorporates the provisions, duties and obligations of State Finance and Procurement Article, Section 15-226 and COMAR 21.10.08.

This Contract requires the Contractor to make prompt payment to all subcontractors any undisputed amount including retainage to which the subcontractor is entitled for work under the Contract within 10 days of receiving payment from the MDTA. Each month, the Construction Project Engineer (CPE) will review the current pay items with the Contractor 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 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 Director of Construction of the dispute. The Director of Construction or his representative will verbally contact the 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 Contractor must demonstrate that there is a valid basis to withhold payment from the subcontractor. If the Contractor withholds payment from a subcontractor, the 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 Project Engineer. If no valid dispute exists, the Contractor will be directed to make immediate payment to the subcontractor. The subcontractor will be responsible for notifying the Director of Construction if this payment is not made. Upon receipt of notification, the Director 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 MDTA’s offices within 2 working days of the MDTA’s contact with the subcontractor.

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3 of 3 If it is determined that the Contractor has withheld payment to the subcontractor without cause, further progress payments to the Contractor will be withheld until the subcontractor is paid. In addition, MDTA may order a suspension of work or other administrative actions as it sees fit. The MDTA may require the Contractor to pay a penalty to the subcontractor, in an amount not exceeding $100 per day, from the date the payment was required. A penalty will not be imposed for any period that the Director of Construction determines the subcontractor was not diligent in reporting nonpayment in conformance with the Contract documents. If an action is taken as stated above, the Contractor shall notify the MDTA’s Project Engineer when payment is made. After the MDTA’s Project Engineer verifies that payment has been made to the subcontractor, the MDTA shall release withheld progress payments. A Contractor or subcontractor may appeal the decision of the Director of Construction to the Chief Engineer in conformance with GP-5.15 (Disputes). The Chief Engineer will render a final decision on this issue in conformance with GP-5.15 (Disputes). A decision of the MDTA under these Terms and Conditions is not subject to judicial review or the provisions of COMAR 21.10.04.

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





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TC - SECTION 6 RESTRICTIONS AND PERMITS

TC-6.09 HAZARDOUS MATERIAL

111 ADD: After section (c): (d) The Contractor shall control all disturbed materials in order to prevent a release of cleaning

agents, removed materials, and disturbed substrates into the environment. All removed and disturbed materials and their by-products shall be recaptured and characterized to evaluate the proper handling, storage, and disposal requirements. The MDTA project engineer shall be informed of any such activity as soon as possible. Any materials requiring special handling and disposal (i.e. non-hazardous and/or hazardous) shall be managed according to State and Federal requirements with documentation submitted to MDTA upon receipt. Any hazardous waste generated will be handled as required by law and upon removal contractor will be requested to contact MDTA Office of Environment, Safety and Risk Management (OESRM) to review and sign all manifests.





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TERMS AND CONDITIONS TC-SECTION 6

RESTRICTIONS AND PERMITS TC-6.14 STORING MATERIALS AND EQUIPMENT ON/AGAINST STRUCTURES RESTRICTIONS DELETE: The first paragraph “Materials and equipment….be possibly overstressed.” INSERT: The following: Materials and waste will not be stored on or against any structure or structure element and equipment will 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 Authority 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 will 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 will 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 will 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 will be submitted for review and loading cannot be imposed until written approval is received. Such submission does not guarantee acceptance by the Authority, which reserves the sole right to accept or reject the proposed loading.





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TERMS AND CONDITIONS TC-SECTION 6

RESTRICTIONS AND PERMITS ADD: The following: TC-6.15 Security Guidelines and Procedures Applicable to Contractors Working on Non-Security Sensitive Contracts

The following guidelines and procedures shall be enforced for Contractors. Contractors shall include vendors, prime contractors, subcontractors, consultants, or service personnel.

A. General

1. All Contractor personnel shall exercise due diligence in carrying out the MDTA required security policies, laws, and regulations, as described below, while conducting work for the MDTA.

2. The Contractor shall coordinate on-site visitations with the Office of Engineering – Construction (OEC). Situations that require Contractor employees to make “on site” visits will need to be planned in advance and coordinated with the MDTA in order to have supervision provided. The Contractor shall coordinate with the MDTA in advance of his/her visit. For roadway access, the Contractor shall follow the MOT requirements (i.e., apply for a right of access and/or roadway closure permit with MDTA).

3. In the event of a security incident or suspected security incident, Contractor employees shall notify the Contractor’s Project Manager immediately. An incident report will be completed by the MDTA Police, as appropriate. The Contractor’s Project Manager will in turn notify the nearest police detachment for investigation. The Contractor shall cooperate fully in all security incident investigations. In addition, the Contractor shall notify the Project Engineer and or on site inspector of the incident.

Note: for the purposes of this document a security incident shall be any act, threat, or circumstance that jeopardizes the health, safety, or well-being of the Authority, it’s employees and/or customers.

4. All personnel who require extended (e.g., more than 1 day) unescorted access to MDTA owned and/or operated properties must participate in an MDTA-sponsored 1-hour Security Awareness training session. This training will be sponsored by the MDTA Security Office. Any personnel having completed the training within 3 years (under any current or past MDTA Contract) of the proposed site-visit shall not be required to complete the training again. Each trainee is required to be in attendance for the duration of the class and must complete and sign a form at the end of the training class acknowledging he/she is aware of the MDTA’s security issues and will adhere to the procedures provided in the training. The MDTA Security Office will be responsible for maintaining the records of personnel who have completed the training and will furnish this information to the Projector Engineer or Inspector, as needed. The Contractor is not





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required to carry this documentation. Any personnel found to be working on MDTA premises without having completed this training, will be escorted off MDTA premises by the MDTA Police, until such time as the training is completed. The training course will be conducted as part of each Contract’s Pre-Construction kickoff meeting. Additionally, there will be a make-up class once per month, or as needed, for new employees.

5. The MDTA may perform a random on-the-spot inspection of any person entering the premises

with tools, equipment, briefcases, and other baggage. This inspection may be done, with or without probable cause.

6. The Contractor shall not connect unauthorized equipment (including but not limited to laptops,

desktops, storage devices, such as thumb drives, or other peripherals) or other personal equipment to any MDTA LAN/WAN without prior written approval by the MDTA. The MDTA will provide equipment as necessary for support that requires connection to the MDTA LAN/WAN, or give prior written approval as necessary for connection. All approvals shall be in writing from a Director or Assistant Director from the Division of Information Technology. Unauthorized equipment shall be any equipment that is not intended to be part of a final delivery to the MDTA as part of the contract deliverable items.

B. Decals, Tags, Badges

1. The Contractor shall provide to the MDTA, a minimum of the following information (additional information may be requested by the Security Office) for the Contractor and all subcontractors that would be working at the job site (including trucking companies who would come to the site on a daily basis for supply or material removal):

Name of Company

Name and Title of Contact Person

Address of Company

Phone Number

Facsimile Number

E-mail Address of Contact Person

2. All Contractor’s employees, including employees of subcontractors, on this project, present at the job 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 said identification if required by the Project Engineer, field inspection staff, maintenance personnel or any other representative of the MDTA, or the MDTA Police. When working in, or around, the MDTA’s buildings, facilities, or job sites, said employee’s identification shall be displayed at all items.





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3 of 4 No costs associated with the identification cards will be paid for separately. Instead, all costs shall be incorporated as incidental or overhead related to other items of payment in the Contract.

3. While working in the Tunnels or on one of the major bridges of the MDTA, the Contractor’s personnel shall have an ID decal displayed on their hardhat. These decals will be provided by the MDTA. All Contractors’ vehicles shall have a hanging tag, attached to the rear view mirror. These parking hanging tags will also be provided by the MDTA and a distribution list will be maintained. At the time of project completion, these decals and hanging tags shall be returned to the MDTA. Requests for hardhat decals and rearview mirror hanging tags shall be made to the OEC before the beginning of construction and should include the number required of each type. An application form will be provided by OEC and must be completed by the Contractor. The application will then be forwarded to the MDTA Security Office who will then issue the requested number of hanging tags and decals. Audits will also be conducted by the MDTA Security Unit (a unit within the MDTA Police) to assure compliance.

4. Under no circumstances shall a Contractor escort any unauthorized personnel (e.g., friends, or co-workers who are not properly badged) to any MDTA-owned and/or operated facility or job-site.

5. The Contractor’s personnel – who, in the performance of their duties, must have access to the

site and security systems – shall obtain a valid MDTA temporary/contractual ID badge. This temporary/contractor ID badge will be given out only on a daily basis and must be returned prior to the Contractor leaving the premises. The badge will only be issued to the Contractor’s personnel requesting the badge. The Authority will require the requestor to relinquish his or her driver’s license prior to being issued a temporary/contractual ID. Upon return of the temporary/contractual ID badge, the license will be returned to the Contractor employee. The Contractor shall, on behalf of its personnel, apply for a badge and is required to present two forms of identification, including a photo identification of each individual in its personnel.

6. While at MDTA facilities, ID badges must be displayed at all times on outer garment above the waist.

7. The Contractor is hereby warned that all persons not properly identified by an MDTA issued ID badge or without a Company badge may be challenged, and if positive identification cannot be made, the appropriate corrective action shall be taken. As stated above, this may include being escorted off MDTA property by the MDTA Police.

At the completion of the contract or when work at a given facility is complete, or in the event any employees are terminated, the Contractor must return all ID badges, decals, and hanging tags to the MDTA Security Unit within one business day. If the Contractor fails to return an ID





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badge of one of their employees at the completion of their work for any reason, including employee termination, and/or lost IDs, an administrative fee of $50 will be imposed on the

Contractor.

If an ID badge is lost, it must be reported to the Security Unit within 24 hours. In addition, if an access card, issued to a Contractor, is used by anyone other than the “authorized user”, including terminated employees, other unauthorized employees, or strangers (in the event of a stolen card that goes unreported to MDTA), any damages resulting to MDTA property, their employees, or customers, will be the responsibility of the Contractor. An authorized user is defined as the individual working for the Contractor that received the ID, who is using the badge only during the dates/times authorized, at the locations authorized, for the purposes authorized on the stated Contract (s), while employed with the Contractor. Please keep in mind that an authorized user does not include personnel that have been terminated or that have separated from the Company under which the card was issued.





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PAYMENT

TC-7.05 PROGRESS PAYMENT DELETE: TC-7.05 PROGRESS PAYMENTS Subsection (a) (2) Variable Retainage

INSERT: The following.

(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 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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TC SECTION 7 PAYMENT

TC-7.07 LATE PAYMENTS

ADD: the following: (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 thirty (30) days from that date may entitle the Contractor to interest at the rate of 9 percent per annum beginning on the 31st day.





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CONTRACT SPECIFICATIONS





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1 of 4 CATEGORY 100 PRELIMINARY

SECTION 103 – ENGINEER’S OFFICE

144 DELETE: 103.03.06 Microcomputer System for all Offices in its entirety.

INSERT: The following. 103.03.06 Computer System. Furnish 1 desktop computers and 2 laptop computers, Printers and or multifunction printers and other equipment as specified herein. General Requirements.

(a) IBM compatible with an Intel Core i5 processor. (b) Minimum hard drive storage of 500 GB (gigabyte). (c) One CD-RW drive (re-writable CD-ROM). 16X Minimum speed. (d) Operating System. Minimum Microsoft Windows 7 Professional Edition. The computer

system will not be acceptable unless all Microsoft Windows Critical Updates are installed. (e) Printer. When an Engineers Office is specified, furnish a color all-in-one laser

printer/scanner/copier/fax with at least 64 MB of RAM and meeting the following minimum requirements: (1) Input paper capacity of 150 sheets. (2) Automatic document feed of 35 page capacity. (3) Printer resolution up to 600 X 2400 dpi, and a print speed (color) of at least 15 ppm. (4) Scanner resolution must be capable of 1200 X 2400 dpi optical. Built in Copier resolution

must be capable of up to 600 X 600 dpi. Copier speed of at least 15 ppm. (5) Fax speed of at least 2 sec / page. (6) For security reasons a printer with an internal hard drive installed is not allowed.

(7) Capability to print, scan and reproduce 11 X 17 in. prints and copies.





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2 of 4 (f) Software. Supply all manuals, license numbers, software key numbers, and/or software on

original disks for retention in the Engineers Office or Authority facility for the duration of the Contract. (1) Microsoft Office 2007 Professional (32-Bit version only), for Windows or later. The

computer system will not be acceptable unless all available Microsoft Office Professional critical updates and service packs are installed.

(2) Install and configure antivirus/antispyware software to perform an automatic virus

signature update when the microcomputer system connects to the internet. No Freeware allowed (Antivirus/AntiSpyware software approved for Authority web email: *Norton, *McAfee, Sophos, or ETrust.)

(g) Internet Access. Provide unlimited internet service approved by the Engineer. Where

available, provide internet high-speed service from cable. DSL service will be acceptable only if cable service is not available. Provide an external router device with cable or DSL internet service. Provide firewall software to protect the computer from security intrusions. *Both Norton Internet Security and McAfee Internet Security include Antivirus and a Personal Firewall.

(h) Accessories.

(1) When an Engineers office is specified, provide a standard computer workstation with

minimum desk space of 60 X 30 in. and a padded swivel type chair with armrests. (2) 8-1/2 X 11 in. and 11 X 17 in. xerographic paper as needed. (3) Toner and ink as needed. (4) Maintenance agreement to provide for possible down time. (5) Physical security system to deter theft of the computer and components. (6) Three 4-GB (minimum size acceptable) USB flash drive storage devices. (7) Blank recordable CD-RW media as needed.

Desktop Specific Requirements. (a) IBM compatible with an Intel Core i5 processor.





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(b) Minimum processor speed of 3.0 GHz. (c) Minimum of 4 GB RAM. (d) Enhanced 101 key keyboard with wrist rest. (e) Super video graphics accelerator (SVGA). (f) Mouse and mouse pad. (g) Flat-panel LCD monitor (19 in. minimum) meeting Energy Star requirements. (h) Uninterruptible power supply (UPS).

Laptop Specific Requirements. (a) Must meet military standard of durability MIL-STD 810G. (b) Minimum processor speed of 3.2 GHz. (c) Minimum 4 GB SDRAM. (d) Minimum 15 in. 1024x768 (XGA), daylight-readable, 500nits (cd/m2) LCD display. (e) Power Supply. Two lithium ion battery packs with overcharge protection, an AC adaptor, and

a vehicle DC power adaptor that operates the laptop and simultaneously charges the laptop’s internal battery.

(f) Carrying Case.

Have the computer system completely set up and ready for use on or before the day the Engineers office is to be occupied. When an Engineers office is not specified, have the computer system furnished complete and ready for use at least five days prior to beginning any work on the project.





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4 of 4 The computer system is for the sole use of the Engineer. The engineer will have complete access to the system. After all specified software is satisfactorily installed by the contractor an SHA technician/ representative will ensure that no user accounts exist on the computer system except those used by the Engineer. If for any reason the system fails to operate, is stolen, or is otherwise unavailable for use, it shall be replaced or repaired within 48 hours. Any remote access to the computer system by the contractor may be performed only with the permission and supervision of the Engineer. When the computer system is no longer required, the Construction Management software system including original user/operator guide manuals, program disks, and all data files (including those stored on USB flash drives, CD-R’s, etc.) will be removed by the Engineer and delivered to the District Engineer and become the property of the Administration. The remaining computer systems shall remain the property of the Contractor.

103.04 MEASUREMENT AND PAYMENT. 147 ADD: The following as a fourth paragraph.

Computer. The computer system will not be measured but the cost will be incidental to the Contract price for the Engineers Office item.





89 November 24, 2015

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CATEGORY 100 PRELIMINARY

SECTION 104 – MAINTENANCE OF TRAFFIC (GENERAL)

104.00 GENERAL. ADD: After the last paragraph.

This project affects I-395 and the Fort McHenry Tunnel (I-95) in Baltimore City. 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 Baltimore City.







SECTION 104 – MAINTENANCE OF TRAFFIC (GENERAL)

SECTION 104.01 – TRAFFIC CONTROL PLAN

149 DELETE: The fourth paragraph sentence, “Refer to contract Documents for Work

Restrictions.”

INSERT: The following:

AGENCY CONTACTS

CONTACT TITLE PHONE NUMBER William Pines Director of Project Development 410-931-0808


CONTACT TITLE PHONE NUMBER Mr. Mike Rice Director of Facility Operations 410-537-8041

Mr. Jeff Robson FMT Chief Facility Maintenance Officer

410-537-1269

Mr. Brian Wolfe Bridge and Tunnel Section Manager 410-537-7823 Ms. Serena Liu OEC Traffic Manager 410-537-7848

MDTA AOC (Central) AOC/CHART-SOC 410-537-8031 Mr. Eric Morris FMT Deputy Administrator 410-537-1250

Maryland State Highway Administration Contacts

CONTACT TITLE PHONE NUMBER

Ms. Erin Kuhn MDSHA ADE Traffic – District 4 410-229-2381 CHART-SOC CHART-SOC 410-582-5650

Baltimore City Contacts

CONTACT TITLE PHONE NUMBER

Mr. Robert Ferguson Baltimore City Traffic 410-984-2154 Ms. Helen Marinelli or

Mr. Tim Knight Baltimore City Department of General

Services 410-396-1675






2 of 9 Work Restrictions. The Contractor shall provide the Engineer with a complete list of anticipated lane and shoulder closures, allowing the Authority a minimum of fourteen (14) calendar days or ten (10) working days notification. The Engineer shall then notify the affected facilities, the Office of Engineering and Construction Division’s Traffic Section and other appropriate offices. No lane closures shall be made without prior written approval of the Engineer in the form of an Authority lane/shoulder closure permit. No additional payment for delays due to late submission of lane closure schedules or conflicts with other work or special events will be allowed. 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. Changes must receive written approval from both the facility Administrator and the Authority’s Office of Engineering and Construction. The Contractor shall submit a copy of the original work restrictions with the written request. No lane closures shall be made without prior written approval of the Engineer in the form of an Authority lane/shoulder closure permit. Schedules are required to establish traffic control requirements and to coordinate TCP work zones. 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 them, including those listed in this Special Provision. The Contractor shall make contact directly with the representative from the affected agency, through the Project Engineer, and provide a copy of all correspondence to the Authority. Sufficient time shall be allowed for review and approval of the permit application.

The Contractor shall abide by the Allowable Lane or Shoulder Closure Schedules as provided herein and as determined by the approval of his lane closure permit application. The Contractor shall provide ten (10) working days advanced notice of intent to close lanes. Notice shall be given to the MDTA Engineer, affected agency representative as listed herein as well as the local Fire Departments and local Police Departments of any lane closures that could affect their emergency operations. As outlined on Drawing MT-2 of the plan set, several bridges will require full closures and detours. The contractor shall contact MDTA operations a minimum of two weeks prior to any planned closures. Contact Eric Morris, Acting Deputy Administrator, MDTA division of operations at 410-537-1250.






3 of 9 ALLOWABLE LANE OR SHOULDER CLOSURE SCHEDULES

Time of Day Days of the Week Allowed Closures

Fort McHenry Tunnel - Roadway

9:00 AM – 2:30 PM Monday – Thursday Single Lane Closure/Shoulder Southbound, South of I-395

9:30 AM – 2:30 PM Monday – Thursday Single Lane Closure/Shoulder Southbound, North of I-395

9:30 AM – 2:30 PM Monday – Thursday Single Lane Closure/Shoulder Northbound, South of I-395

7:00 AM – 2:30 PM Monday – Thursday Single Lane Closure/Shoulder Northbound, North of I-395

9:00 AM – 1:00 PM Friday Single Lane Closure/Shoulder Southbound, South of I-395

9:30 AM – 1:00 PM Friday Single Lane Closure/Shoulder Southbound, North of I-395

9:30 AM – 1:00 PM Friday Single Lane Closure/Shoulder Northbound, South of I-395

7:00 AM – 1:00 PM Friday Single Lane Closure/Shoulder Northbound, North of I-395

7:30 PM – 5:00 AM Monday – Thursday Single Lane Closure/Shoulder Southbound, South of I-395

7:00 PM – 5:00 AM Monday – Thursday Single Lane Closure/Shoulder Southbound, North of I-395

7:30 PM – 5:00 AM Monday – Thursday Single Lane Closure/Shoulder Northbound, South of I-395

7:30 PM – 7:00 AM Monday – Thursday Single Lane Closure/Shoulder Northbound, North of I-395

9:00 PM – 9:00 AM Friday and Saturday Single Lane Closure/Shoulder Northbound and Southbound

9:00 PM – 5:00 AM Sunday Single Lane Closure/Shoulder

Northbound, South of I-395 and Southbound

9:00 PM – 7:00 AM Sunday Single Lane Closure/Shoulder Northbound, North of I-395

9:30 PM – 5:00 AM Sunday – Thursday Double Lane Closure, 4-Lane Section

Northbound and Southbound

10:30 PM – 5:00 AM Sunday – Thursday Double Lane Closure, 3-Lane Section


10:00 PM – 9:00 AM Friday and Saturday Double Lane Closure, 4-Lane Section


10:30 PM – 8:00 AM Friday and Saturday Double Lane Closure, 3-Lane Section

Northbound and Southbound 11:00 PM – 5:00 AM Monday – Thursday Triple Lane Closure, 4-Lane Section

12:00 Midnight – 5:00 AM Monday – Thursday 15 Minute Full Closure

(See Note 3) Fort McHenry Tunnel – Tunnel Bore Closures (See Note 2)

8:00 PM – 5:00 AM Monday – Thursday I-95 Northbound 7:00 PM – 5:00 AM Monday – Thursday I-95 Southbound






4 of 9 ALLOWABLE LANE OR SHOULDER CLOSURE SCHEDULES (Con’t)

Time of Day Days of the Week Allowed Closures

Fort McHenry Tunnel – Tunnel Bore Closures (See Note 2)


(See Note 3) I-395 NORTHBOUND & I-395 SOUTHBOUND

Continuous Monday - Sunday Shoulder Closure 9:30 AM – 2:30 PM Monday – Thursday Single Lane Closure 7:30 PM – 5:00 AM Monday – Thursday Single Lane Closure 9:30 AM – 1:00 PM Friday Single Lane Closure 9:00 PM – 9:00 AM Friday & Saturday Single Lane Closure 9:00 PM - 5:00 AM Sunday Single Lane Closure

I-95 RAMPS (RAMPS A, B, C, D, F, G, H, J, K) Continuous Monday - Sunday Shoulder Closure

10:00 PM – 5:00 AM Monday - Sunday Full Closure of Ramp I-395 RAMPS (RAMPS B-B, D, E, EE, F, G, H)

Continuous Monday - Sunday Shoulder Closure 10:00 PM – 5:00 AM Monday - Sunday Full Closure of Ramp

John F. Kennedy Highway (I-95)9:00 AM – 12:00 Noon Friday in Four Lane Sections Single Lane Closure/Shoulder

9:00 AM – 3:00 PM Monday – Thursday in Four Lane Sections Single Lane Closure/Shoulder

Southbound

7:00 PM – 5:00 AM Monday – Thursday

in Four Lane Sections Single Lane Closure/Shoulder

Southbound


in Three Lane Sections Single Lane Closure/Shoulder

Southbound Thanksgiving through New Years


in Four Lane Sections Single Lane Closure/Shoulder

Southbound Thanksgiving through New Years


in Three Lane Sections Single Lane Closure/Shoulder

Southbound


in Four Lane Sections Double Lane Closure Southbound

Thanksgiving through New Years 10:00 PM – 5:00 AM

Monday – Thursday in Four Lane Sections

Double Lane Closure Southbound


in Three Lane Sections Double Lane Closure Southbound


in Four Lane Sections Triple Lane Closure Southbound

8:30 AM – 2:30 PM Monday – Thursday in Four Lane Sections Single Lane Closure/Shoulder

Northbound

9:00 PM – 5:00 AM Monday – Thursday Single Lane Closure/Shoulder

Northbound


in Three or Four Lane Sections Double Lane Closure Northbound

12:00 Midnight – 5:00 AM Monday – Thursday

in Four Lane Sections Triple Lane Closure Northbound


(See Note 3)






5 of 9 Allowable Lane or Shoulder Closure Schedules Notes: 1. Maintenance of Traffic for Baltimore Harbor Tunnel - tunnel bore closures are furnished and installed by MDTA Operations

personnel. 2. Maintenance of Traffic for Fort McHenry Tunnel – tunnel bore closures are furnished and installed by MDTA Operations

personnel. Only one bore in each direction may be closed at any given time. 3. Full closures (i.e. traffic drags) will be permitted only with prior written approval as directed by the Engineer.






6 of 9 HOLIDAY WORK RESTRICTIONS

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Fort McHenry Tunnel – Roadway x x x x x x x x See Notes 1, 2, 3, 5 Fort McHenry Tunnel – Tunnel Bore x x x x x x x x See Notes 1, 2, 3, 5

John F. Kennedy Highway (I-95) x x x x x x x x See Notes 2, 3, 4, 5

Holiday Work Restrictions Notes: 1. No lane/shoulder closures are permitted two hours before, during, or two hours after any major traffic generating event in

Baltimore City, including, but not limited to, events at Orioles Park at Camden Yards, M&T Bank Stadium, Royal Farms Arena, Baltimore Convention Center, or other events deemed major by the Engineer.

2. No lane closures are permitted two days before or two days after the following holidays: Christmas, New Year’s Day.

3. 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 and Sunday of that weekend.

4. No work will be allowed on Tuesday prior to Thanksgiving Day, and the following Monday after Thanksgiving Day.

5. If a holiday happens to fall during a weekend, no work will be permitted on that weekend or on the day preceding and following that weekend.






7 of 9 149 ADD: The following after the last paragraph, “Any monetary savings…..and the

Authority.”

Contractor’s requests for changes to the Allowable Lane or Shoulder Closure Schedules must be submitted in writing to the Engineer. Changes must receive written approval at least 72 hours in advance of the changes from both the facility Administrator and the Authority’s Office of Engineering and Construction.

The Contractor will not be permitted to use any portions of the existing roadway or interfere with or impede the free flow of traffic in any manner during prohibited hours.

As directed by the Engineer, 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 closed 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 30 minutes.

The Contractor must provide a means of communication to the MDTA/MSP Police detachment/barracks as a safety requirement. Acceptable forms of communication shall consist of a mobile telephone, citizens band or portable two-way radio.

When a temporary lane or shoulder closure is in effect, work shall begin within one hour after the lane or shoulder is closed. Any delay longer than one hour with no work in progress shall require the Contractor to remove the lane or shoulder closure at no additional cost to the Authority. 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 lane and shoulder closures shall be in conformance with the approved TCP and under the direction of the Contractor’s Certified Traffic Manager and the Engineer. The Contractor shall have a certified Temporary Traffic Control Manager on site at all times active work is being completed. Additionally, the Certified Temporary Traffic Control Manager shall be made available during non-work hours in cases of emergency. The contractor shall provide contact name and 24/7 contact information for the designated Temporary Traffic Control Manager.

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 and permit unless otherwise noted below or as approved by the Engineer.






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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 the actual time listed on the approved lane/shoulder closure permit. Temporary traffic signs may be displayed to traffic at this time. Workers shall not enter a lane open to traffic earlier than the actual time listed on the approved lane/shoulder closure permit. Workers may be present on shoulders to prepare for lane closure setup no earlier than 15 minutes prior to the actual time listed on the approved lane/shoulder closure permit.

All lane and shoulder closures shall be restored at the end of the closure period and no travel lanes 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.

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. 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.

If a shoulder closure is requested and approved for additional hours than is permitted by the Allowable Lane or Shoulder Closure Schedules, the Contractor shall protect the work area, including all equipment, material, construction and personal vehicles, and personnel around by installing temporary concrete barrier in accordance with MD 104.01-23, MD 104.01-24, MD 104.01-25, and MD 104.06-14. All leading concrete barrier blunt-ends shall be properly protected with crash cushions in accordance with MD 104.01-70, MD 104.01-72, MD 104.01-72, and MD 104.01-73. The contractor shall maintain function for all access points (including emergency/police turn-arounds) in, or adjacent to, the work area. All temporary diamond work zone traffic control signs installed along sections of I-95, I-895 and I-395 where the posted speed limit is 60 MPH or greater shall be 60” x 60” in size. Failure to restore traffic capacity within the time specified will result in 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:






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ELAPSED TIME, MINUTES

DEDUCTION

1 - 5 $ 750.00 Over 5 $ 500.00 per minute (in addition to the original 5 minutes)

A protection vehicle (PV) shall be required in any lane and/or shoulder closure. 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 approved arrow panel (arrow mode for multilane roadways and caution mode on shoulder and 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 350 Test Level 3.






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SECTION 104 – MAINTENANCE OF TRAFFIC

SECTION 104.02 – MAINTENANCE OF TRAFFIC (MOT).

104.02.04 MEASUREMENT AND PAYMENT.

155 DELETE: 104.02.04 (a) in its entirety. INSERT: The following. Unless otherwise specified, no materials, equipment, or labor associated with providing Maintenance of Traffic will be measured, but the costs will be incidental to the Contract lump sum price for Maintenance of Traffic. Payment will be full compensation for drums, cones, temporary barriers, barricades, signs, channelizing devices, arrow panels, protection vehicles, temporary pavement markings, temporary RPMs, crash cushions, flaggers, temporary orange construction fence, and all material, labor, equipment, tools, and incidentals necessary to implement, maintain, reset, and remove all temporary traffic controls. Portable variable message signs (PVMS) and Additional Protection Vehicles will be measured and paid for as specified in sections 104.19.04 and 104.23.04, respectively.





100


SECTION 104 — MAINTENANCE OF TRAFFIC

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.





101

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”.


160 DELETE: First paragraph on this page “Arrow Panels will be…for as a unit day”. INSERT: The following. Arrow Panel will be incidental to the lump sum item Maintenance of Traffic.





102


SECTION 104.08 – TEMPORARY TRAFFIC SIGNS (TTS).


161 ADD: The following before the first paragraph.

All temporary diamond-shaped work zone traffic control signs installed along I-95 and I-395 shall be 60 x 60 in. in size.


163 DELETE: First paragraph on this page “Temporary Traffic Signs will be…to complete the work”. INSERT: The following. If needed, temporary Traffic Signs (TTS) including low vertical clearance signs, if required, will be incidental to the lump sum item Maintenance of Traffic.





103


SECTION 104 — MAINTENANCE OF TRAFFIC 166 DELETE: Section 104.11 - TEMPORARY PAVEMENT MARKINGS in its entirety. INSERT: The following. 104.11 TEMPORARY PAVEMENT MARKINGS. 104.11.01 DESCRIPTION. Furnish, install, and remove temporary pavement markings as specified or as directed by the Engineer. Markings include lines, letters, numbers, arrows, and symbols. 104.11.02 MATERIALS.

(g) Pavement Marking Paint 951.01 (h) Black Out Tape 951.02 (i) Removable Pavement Markings 951.08

104.11.03 CONSTRUCTION. 104.11.03.01 Quality Assurance/Quality Control. Refer to 504.03. Employ certified technicians to perform quality control testing. The Engineer will perform quality assurance checks by completing the Nighttime Visibility Evaluations per MSMT 729. 104.11.03.02 Warranty Period. Maintain and correct any defects in the pavement markings for a period of 180 days from the date of application for tape, thermoplastic or epoxy, and 60 days for paint. Replace defective pavement markings within this warranty period as necessary and as directed at no additional cost to the Administration. When paint is used as a temporary marking for a lane shift/closure that is to be greater than 60 days in length, it shall be reapplied every 60 days. 104.11.03.03 Application and Removal. Apply pavement markings per the manufacturer’s recommendations and as specified. Apply markings in the same direction as the flow of traffic. Apply the markings to the locations specified or as directed. Pavement markings may be applied to either new or existing paved surfaces. Apply markings to newly paved surfaces before traffic is allowed on the pavement. For milling and paving operations, non tape markings may be used for temporary markings between lifts and temporary raised pavement markings (RPM)s are not required. Use removable tape for temporary markings applied to the final surface.





104

2 of 3 When temperatures are too low to allow the placement of removable tape on the final surface, request a written exception for the use of other type of markings in lieu of removable tape. Completely remove all non-applicable pavement markings within the travel way and adjacent to the travel way for lane shifts as necessary and as directed. Surface Condition. Ensure the pavement surface is clean, dry, and free of all contaminants prior to applying any pavement markings. Remove all residual, loose or poorly applied pavement markings as necessary and as directed. Pavement Marking Removal. Completely remove all removable pavement markings prior to applying permanent markings. Remove any objectionable adhesive residue on stage construction or final surfaces of portland cement concrete pavements by water blasting or other methods as approved. Do not use open flame to remove any pavement markings or adhesive residue. Remove all pavement markings in a manner that ensures there is no damage to the existing or final surface. Black out Tape. Black out tape may be used for masking existing markings in accordance with MdMUTCD. Use to mask existing marking for temporary shift conditions of less than 14 days and where the traffic will return to the original alignment and markings. For shifts longer than 14 days, remove the existing marking by hydro blasting and replace with new permanent /final markings when original alignment returns. 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 markings, respectively. The pavement markings will be monitored per MSMT 729 during the Warranty Period. 104.11.04 MEASUREMENT AND PAYMENT. Payment for Removable Pavement Markings, Removal of Removable Pavement Markings, 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. Payment will be full compensation for furnishing, placing, complete removal of lines, letters, numbers, arrows, symbols, and the removal of all residue. Payment will also cover maintenance and replacement of the markings 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 will be paid for at the Contract unit price for the pertinent temporary marking item, as determined.





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(a) Pavement Marking Paint-in width specified-per linear foot.

(b) Removable Pavement Line Markings-in width specified-per linear foot.

(c) Removable Letters, Symbols, Arrows, and Numbers per square foot. (d) Removal of Removable Pavement Marking Lines-any width-per linear foot.

(e) Removal of Removable Letters, Symbols, Arrows and Numbers per each.

(f) Removal of Existing Pavement Line Markings-any width per linear foot.

(j) Removal of Existing Letters, Symbols, Arrows, and Numbers per square foot. (k) Blackout Tape Lines-in width specified-per linear foot. (l) Removal of Blackout Tape Lines-any width-per linear foot.





106



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. 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 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 32 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.





108 08-06-13



SECTION 104.19 - PORTABLE VARIABLE MESSAGE SIGNS (PVMS)


104.19.03.01 Equipment.

PVMS UNIT.

Sign Controller.

179 DELETE: (j) in its entirety.


(j) Contained in a secure weatherproof cabinet located on the controller housing and insulated to protect against excessive vibration, temperature or tampering. (1) Equipped with a lockable door latch and an interior cabinet dome light. (2) Provided with a keyboard storage location inside the cabinet. (3) Security locks shall include those installed by the manufacturer and an additional

hardened hasp/lock combination with a user changeable combination. This hasp/lock setup shall be installed in a manner to maximize its effectiveness in stopping unauthorized access to the sign controls. For control box surfaces not compatible with the hasp/lock setup, other supplemental high security locking devices may be approved by the Engineer.

Security.

(a) Lock all trailer control cabinets when not attended by Administration employee or

contractors, whether being stored, in transport, or deployed and activated.

(b) Do not store or maintain any passwords on the PVMS.

(c) Remove any password attached or inscribed on the PVMS trailer or equipment.





109 08-06-13

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(d) Change the password when it is no long secure or every six months.

(e) Some older model PVMS may not have a changeable password, so extra measures shall be taken to hide the password.

(f) Do not leave Owner/Instruction manuals in the trailer control cabinets. Manuals should be copied and made available to the personnel responsible for deploying the PVMS Signs.

(g) When equipped with a detachable keyboard remove it from the trailer and secure in the transport vehicle, field office or at the respective shop.

(h) Failure to comply with these security standards or any subsequent PVMS tampering incidents will be cause for penalty under TC-4.02.

(i) Construction and District Inspectors will ensure contractor compliance.





110



SECTION 104.23 – PROTECTION VEHICLE

104.23.01 DESCRIPTION.

182 DELETE: Fourth paragraph, “The rear facing…….Standard No. MD 104.01-18”. INSERT: The following. The rear facing surface of the TMA/TTMA shall have an inverted "V" chevron pattern formed by alternating 4 in. wide black and yellow stripes as shown in Standard No. MD 104.01-19C. The sides of the TMA/TTMA shall have a border of 4 in. red and white reflective tape as shown on Standard No. MD 104.01-18A. 104.23.04 MEASUREMENT AND PAYMENT.

183 DELETE: The entire paragraph. INSERT: The following. Protection Vehicles required by MOT standards will not be measured but will be

incidental to the lump sum MOT item. If a protection vehicle is used for part of the day, it will be incidental to the lump sum MOT item regardless of how many times it is relocated. The payment will be full compensation for the complete protection vehicle, including the truck mounted attenuator/trailer truck mounted attenuator and arrow panel, licensed work vehicle operator, relocating the protection vehicle, and for all material, labor, equipment, tools and incidentals necessary to complete the work.

Additional protection vehicles beyond those required by MOT standards and approved by

the Project Engineer, will be measured and paid for at the Contract price per unit day. A unit day shall consist of any approved usage within a 24 hour calendar day period. If a protection vehicle is used for part of a day, it will be measured as a unit day, regardless of how many times it is relocated. The payment will be full compensation for the complete protection vehicle, including the truck mounted attenuator/trailer truck mounted attenuator and arrow panel, licensed work vehicle operator, relocating the protection vehicle, and for all material, labor, equipment, tools, and incidentals necessary to complete the work.




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SECTION 109 – CRITICAL PATH METHOD PROJECT SCHEDULE

109.01 DESCRIPTION.

200 DELETE: The last sentence of the first paragraph “Utilize CPM software…with Primavera Project Planner.” in its entirety. INSERT: Utilize CPM software that generates output files compatible with the latest version of Oracle/Primavera version P6 or newer.

206 ADD: The following, after the second paragraph:

1) Each resource/ cost-loaded activity on the Contractor’s schedule shall have an apportioned activity cost assigned based on the schedule of values.

2) Each cost-loaded activity in the schedule shall be coded with a bid item number and a cost

code corresponding to the trade, whether approved Minority Subcontractor (i.e. MBE/ WBE) or supplier, performing the work so that subtotals for each division of the cost can be prepared.

3) The construction schedule shall, in the best judgment of the Contractor, represent a fair,

reasonable and equitable dollar (cost) allocation for each activity on the schedule of values. The amounts shall not be unbalanced, and must be summarized to equal the bid item and total contract amount.

4) Using the cost assigned to each cost-loaded activity of the detailed schedule, the Contractor

shall develop a cash flow analysis in graphic form, depicting the estimated cash draw down in aggregate, by month, over the life of the project. The cash flow projections shall be updated each month to show a forecast of the remaining payments as of the update.




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SECTION 111– SAMPLING DEVICES, TESTING AND SAFETY EQUIPMENT 209 DELETE: SECTION 111 — SAMPLING DEVICES AND TESTING EQUIPMENT in it

entirety. INSERT: The following.

SECTION 111 — SAMPLING DEVICES, TESTING AND SAFETY EQUIPMENT

DESCRIPTION. Furnish and maintain Sampling Devices and Testing and Safety Equipment with accessories that are required to sample and test materials used on the project. The sampling and testing and safety equipment will be used by Authority employees as directed by the Engineer. All equipment shall be as approved by the Office of Materials Technology. Furnish the sampling devices and testing equipment to the Engineer at least five days prior to commencement of work on the project. All equipment shall remain in the Engineers’ possession until completion of all sampling and testing on the project. Unless otherwise specified, all testing equipment, accessories, and unused sampling devices and safety equipment will be returned to the Contractor at the completion of the project. MATERIALS. Furnish all applicable sampling devices and containers required by the Authoritys’ Materials Manual, including all inserts, Sample Testing and Frequency Guide, and this Specification. Quantities will be designated by the Engineer at the preconstruction meeting. CONSTRUCTION. Testing Equipment Requirements. Maintain the equipment in good working condition and submit a written certification to the Authority stating when the testing equipment was last calibrated or inspected by an Authority approved testing agency. Ensure that the equipment is calibrated at the frequency required for that type of equipment as specified in the test method and AASHTO R18.

If any testing equipment or accessories are stolen, become defective, or for any other reason do not function as intended, replace with an equal or better unit at no additional cost to the Authority within eight hours after notification. Sampling Devices and Testing Equipment with Accessories. The following is a general list for sampling devices and testing equipment to be furnished by the Contractor for the specified testing. Contact the Office of Materials Technology, Materials Management Division with any questions




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2 of 6 concerning the requirements for Sampling Devices, Testing Equipment, and Accessories. The devices, testing equipment, and accessories will be randomly inspected during Independent Assurance Audits.

(a) Sampling Devices from the Administration’s Materials Manual. (1) Soil bags (able to hold at least 35 lb.). (2) Screw top cans - 1 qt.

(3) Friction top cans - 1 qt. and 1 gal.

(4) Plastic jar - 1 gal.

(5) Flow panels for joint sealer.

(b) Testing Equipment and Accessories from the Administration’s Materials Manual - Determination of Moisture Content of Aggregates (MSMT 251). (1) Electric hot plate or a gas burner, including bottle and fuel. (2) Scale or balance conforming to M 231, Class G2.

(3) Metal container, such as large frying pan or equivalent.

(4) Pointing trowel or large spoon.

(c) Field Determination of the Amount of Stabilization Agent in Bases and Subbases (MSMT 254).

(1) Scale or balancing conforming to M 231, Class G 100 having a capacity of at least

100 lb./sample containers. (2) Bench brush.




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(3) Large spoon or scoop.

(4) Sampling mat consisting of a sheet of plywood or canvas with a surface of at least 1 yd².

(5) Tape measure.

(d) Field Determination of Moisture Density Relations of Soils (MSMT 351). Refer to MSMT 350.

(e) Hot Applied Joint Materials Sealer and Crack Filler (MSMT 404). Flow panels (brass panel may be used in lieu of a tin panel).

(f) In-Place Density of Embankment, Subbase, Base, Surface and Shoulder Material (T 99, T 180, T 191, and MSMT 350).

(1) Cylindrical compaction molds, 1/30 and 1/13.33 ft3. (2) Compaction rammers, 5.5 and 10 lb.

(3) 12 in. straightedge.

(4) Scale or balance conforming to M 231, Class G 100, having a capacity of at least 100 lb.

(5) Two 10 in. pie pans.

(6) 12 in. frying pan.

(7) 12 in. rocker set complete with pan. (8) One each of the following sieves conforming to M 92:

SIZE (in.) SHAPE SIZE

OPENINGS 12 Square 2 in. 12 Square 3/4 in. 12 Square No. 4 12 Square No. 10 *8 Round No. 10

* For density sand.




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4 of 6 (9) Field density plate with recess to accommodate sand cone apparatus. (10) Steel pan, 12 x 30 in. (11) Electric plate or gas burner, including bottle and fuel. (12) Soil density pick. (13) Precalibrated sand cone density apparatus. (14) Spatula, 3 in. (15) Two water pails. (16) Bag of density sand. (17) Stencil brush, bench brush, sprinkling can, large spoon, and sample shovel.

(g) Sampling Hot Mix Asphalt prior to Compaction (MSMT 457) - Performed by the paving contractor). (1) A 25 ft. measuring tape. (2) Random selection cards numbered from 0 to width of the paving lane in 1 ft. increments

(3) Sample boxes

(4) Spatula.

(5) Spray paint or other suitable marking material.

(6) GPS equipment.

(7) Masonry nails or equivalent. (8) Thermometers (50 to 550ºF).

(9) Square end shovel, fire shovel, or grain shovel. (10) Scoop.




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5 of 6 (11) 24 ft. of 18 gauge mechanical wire or equivalent to tie through each hole of the plate

template.

(h) Concrete Tests.

TEST METHOD

Sampling R 60 Making and Curing Concrete Test Specimens

T 23

Slump T 119 Air Content - Pressure Method T 152 Air Content - Volumetric Method T 196 Temperature T 309

(1) Air meter, pressure type for conventional concrete and volumetric air meter (Roll-a-Meter)

for lightweight Concrete. (2) Air Bulb. (3) Air pump.

(4) Rubber mallet. (5) Slump cone with rod. (6) Steel straight edge. (7) Large and small scoop. (8) Trowel. (9) 3/8 in. diameter tamping rod. (10) Unit weight bucket for light weight concrete. (11) Sprinkle can or bucket for water. (12) Postal scale (only for lightweight concrete).




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6 of 6 (13) Thermometer (0 to 220 F). (14) 4 x 8 in. cylinder molds (for compressive strength specimens). (15) 3 x 6 in. cylinder molds for latex concrete. (16) 6 x 12 in. cylinder molds for density (unit wt.) of lightweight concrete and when

otherwise specified. (17) Isopropyl alcohol for light weight concrete. (18) Protective gloves.

(i) Other Measuring Devices.

(1) Hand held pile driving monitoring device (as approved by the Engineer).

111.03.02 Safety Equipment. Approved Safety Equipment. (a) Fall Protection Devices for SHA Inspection Personnel. (b) Life vests where applicable.

111.04 MEASUREMENT AND PAYMENT. Sampling devices, testing equipment, and safety equipment will not be measured but the cost will be incidental to items of work for which they are required.




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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) Operating system compatible with the contractor-provided computer 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 Engineer’s Office item. 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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SECTION 114 – TRUCK STAGING AREAS AND IDLING REQUIREMENTS

114.01 DESCRIPTION. Locate truck staging areas and avoid unnecessary idling of construction equipment in order to reduce engine emissions and to provide air quality benefits to those who live or work in or adjacent to the construction site. 114.02 MATERIALS. Not applicable. 114.03 CONSTRUCTION. Establish truck staging areas for all vehicles waiting to load or unload materials at the job site. Subject to review and approval by the Authority, locate staging areas where emissions will have the least impact on sensitive areas and the public. Sensitive areas include, but are not limited to, hospitals, schools, residences, motels, hotels, daycare facilities, and elderly housing and convalescent facilities. All sources of emissions shall be located as far away as possible from fresh air intakes, air conditioners, and windows.

Idling of all mobile construction equipment, including delivery trucks, shall be limited to five minutes except under any of the following circumstances:

(a) When forced to remain motionless because of traffic conditions or mechanical difficulties over

which the operator has no control.

(b) When necessary to operate defrosting, heating, or cooling equipment to ensure the safety or health of the driver or passenger.

(c) When necessary to operate auxiliary equipment that is located in or on the mobile source to

accomplish the intended use of the mobile source. (d) To attain the recommended operating temperature.

(e) When the outdoor temperature is below 32 F.

(f) When undergoing maintenance that requires operation for more than five consecutive minutes.

The above requirements do not prohibit the operation of an auxiliary power unit or generator set

as an alternative to idle the main engine of a motor vehicle operating on diesel fuel.




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114.04 MEASUREMENT AND PAYMENT. All methods and procedures required to comply with these requirements will not be measured for payment but will be incidental to the pertinent Contract items.




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1 of 3 CATEGORY 400 STRUCTURES

SECTION 400.01 – CONCRETE BRIDGE DECK SEALING SYSTEMS

400.01.01 DESCRIPTION. Furnish and apply silane or methyl-methacrylate (MMA) sealant system on the concrete deck surface. 400.01.02 MATERIALS. 400.01.02.01 Silane Sealant. Silane Sealant shall be a clear, breathable, high-performance, 100% silane (by weight) sealant suitable for use on existing concrete surfaces. The surface appearance after application shall be unchanged. (a) Acceptable Products: - MasterProtect H 1000 by BASF Corporation; or - KlereSeal 9100-S by Pecora Corporation; or - Baracade Silane 100 C by Euclid Chemical; or - Approved Equal. 400.01.02.02 Methyl-Methacrylate (MMA) Sealant. Methyl-Methacrylate Sealant shall be a low-viscosity, rapid-curing, high-performance sealant suitable for use on existing concrete surfaces. (a) Acceptable Products: - FX-821 MMA by Simpson Strong-Tie; or - T-78 Polymer Crack Sealer by Transpo Industries, Inc.; or - TK-2414 by TK Products; or - Approved Equal. 400.01.03 CONSTRUCTION. (a) Submittals. Submit the following drawings, plans and information.

(1) Product Data: Submit manufacturer’s technical data sheets and instructions for each

product including concrete surface preparation requirements, mixing/application requirements, temperature/weather restrictions, curing requirements and safety precautions.

(2) Qualifications: Submit documentation for the following qualifications.

(i) Manufacturer Qualification: Manufacturer shall have a minimum of five (5) years’ experience in manufacturing of specified products.

(ii) Manufacturer Certification: Manufacturer shall be ISO 9001:200 Certified or provide evidence of an acceptable quality control program.




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(iii) Applicator Qualifications: The Company performing the application of the sealant shall have a minimum of five (5) years of experience in similar work and demonstrate successful application of the specified material on a minimum of five (5) projects of similar scope. Submit name and phone number of a contact person for each project.

(b) Test Areas. The Contractor shall prepare Test Areas as specified herein. Upon acceptance of

the Test Areas by the Engineer, they shall serve as the standard for judging workmanship for the remainder of the contract.

(1) One (1) Test Area shall be prepared using the Silane Sealant and one (1) Test Area shall

be prepared using the MMA Sealant. The Test Area shall be prepared on a bridge deck for which the sealant type is to be applied. Additional tests may be required If initial tests are unacceptable. Additional tests will be provided at no additional cost to the authority.

(2) Each Test Area shall be a minimum of 1,000 square feet.

(3) A representative of the Manufacturer shall be available on-site to review technical aspects of the work, including surface preparation, application, application rate, dry time and workmanship. If during the test, the application rate and/or dry time is not sufficient to reopen to traffic, the contractor, engineer and manufacturer will develop alternatives to ensure the bridge deck is reopened to traffic in the allotted time. If the initial application of sealant is found not be acceptable, additional tests must be performed until the sealant is approved by the engineer.

(4) The Engineer shall be on-site during the execution and anticipated dry time of the work.

(c) Silane Sealant Application. Clean and prepare the concrete surface and apply the Silane sealant in accordance with the manufacturer’s recommendations. Repairs to the concrete deck surface shall be performed and cured prior to applying the sealant. Application rate shall be in accordance with the manufacturer. Do not apply during inclement weather or when inclement weather is anticipated within 12 hours. Do not apply the sealant if standing water is visible on the concrete surface or if the moisture conditions are not suitable for application of the material in accordance with the manufacturer’s recommendations. No traffic shall be permitted on the sealed area until the material has fully cured.

(d) Methyl-Methacrylate Sealant Application. Clean and prepare the concrete surface and

apply the Methyl-Methacrylate sealant in accordance with the manufacturer’s recommendations. Repairs to the concrete deck surface shall be performed and cured prior to applying the sealant. Cracks in the concrete deck surface 1/8” wide or greater shall be pre-treated by filling the crack with sand and saturating the sand with the sealant material. Application rate shall be in accordance with the manufacturer. Sealant shall be worked into the deck to ensure all voids and cracks are filled. While the sealant is still wet, broadcast sand over the area in accordance with the manufacturers recommendations. Do not apply during inclement weather or when inclement weather is anticipated within 12 hours. Do not apply the sealant if standing water is visible on the concrete surface or if the moisture conditions are not suitable for application of the material in accordance with the manufacturer’s




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recommendations. No traffic shall be permitted on the sealed area until the material has fully cured.

(e) Pavement Markings. If existing pavement markings are to be removed and replaced as part

of this contract, they shall be removed prior to or concurrent with cleaning and preparing the deck surface. New permanent pavement markings shall not be applied until the sealant is fully cured. If permanent pavement markings cannot be applied prior to opening a lane to traffic, temporary pavement markings shall be applied. Temporary pavement markings shall then be removed prior to application of the permanent pavement markings. If existing pavement markings are to be maintained, they shall be protected from damage during the cleaning and deck surface preparation and shall be masked during application of the sealant. Existing reflective pavement markers shall be protected from damage during execution of the work.

(f) Removal of Debris from Scupper Grates and Deck Joints. The Contractor shall completely

remove all dirt, debris, trash, vegetation and other foreign materials from all scupper grates and deck joints. Care shall be taken not to damage the existing scupper grate, joint seal and armoring. Removal may be accomplished using compressed air, by sweeping or by other approved means. Debris removed from the joint shall be collected and removed from the bridge site. No debris shall be permitted to enter the drainage system or fall from the bridge.

(g) Bridge Deck Drainage System and Deck Joints. The Contractor shall ensure that no sealant

material is permitted to enter the bridge deck drainage system through the drainage scuppers and inlets or enter the deck joint system. Drainage scuppers, inlets and deck joints shall be sealed-off, blocked or covered as necessary during application of the sealant material to prevent infiltration of the sealant material. Drainage scuppers, inlets and deck joints shall be restored to their original condition prior to reopening the lane(s) to traffic.

(h) Control of Waste Material. During cleaning and preparatory work, the Contractor shall control disturbed materials in order to prevent a release of cleaning agents, removed materials, and disturbed substrates to the environment. All removed and disturbed materials and their by-products shall be recaptured and characterized to evaluate the proper handling, storage, and disposal requirements. The MDTA project engineer shall be informed of any such activity as soon as possible. Any materials requiring special handling and disposal (i.e. non-hazardous and/or hazardous) shall be managed according to State and Federal requirements with documentation submitted to MDTA upon receipt. Any hazardous waste generated will be handled as required by law and upon removal contractor will be requested to contact MDTA Office of Environment, Safety and Risk Management (OESRM) to review and sign all manifests.

400.01.04 MEASUREMENT AND PAYMENT. Silane Sealant for Bridge Deck and MMA Sealant for Bridge Deck will be measured and paid for at the Contract unit price bid per square foot. The payment will be full compensation for Test Areas, concrete deck surface cleaning and preparation, control of waste material, furnishing and installing sealant, curing, protecting pavement markings and reflective markers, sealing-off or blocking drainage scuppers and deck joints and for all materials, labor, equipment, tools and incidentals necessary to complete the work. Measurement for payment shall exclude areas of metal expansion dams and scuppers.




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CATEGORY 400 STRUCTURES

SECTION 400.02 – MISCELLANEOUS REPAIRS

400.02.01 DESCRIPTION. An allowance of $475,000.00 has been included in the IFB to perform miscellaneous repairs assigned by the Engineer within any of the bridges or approach slabs included in the assigned scope of work. This work includes various miscellaneous repairs to the existing bridges under this contract that may be assigned to the Contractor during this contract. The repairs included in this section are:

1. Repair/replace fencing hardware. 2. Remove debris from bridge drainage trough. 3. Removal of existing and temporary pavement marking letters, symbols, arrows, and

numbers. 4. Shielding for full depth deck repairs. 5. Replace sliding plate at parapet joint. 6. Junction box cover plate. 7. Snowplowable raised pavement markers 8. Replace chain link fencing fabric.

400.02.02 MATERIALS. Not applicable. 400.02.03 CONSTRUCTION. Not applicable. 400.02.04 MEASUREMENT AND PAYMENT. Payment for Miscellaneous Repairs as determined by the Engineer will be paid for under the miscellaneous repairs item. All work performed under this item will be measured and paid for in accordance with TC 7.03 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 400.03 – CONCRETE BRIDGE DECK REPAIRS

400.03.01 DESCRIPTION. The work shall consist of partial or full-depth removal and replacement of deteriorated concrete bridge decks. 400.03.02 MATERIALS. Refer to Standard Specification Section 426.02 and the following. (a) Acceptable Products. Rapid-set mortar/concrete for bridge deck patch repairs shall conform to

the following. - Duracrete II cement-based mortar by Kaufman, or - EUCO MP by Euclid Chemical Company, or - SHA Mix No. 6 concrete with Sika Rapid-1 Hardening Accelerator by Sika Corporation, or - Rapidset DOT Repair Mix by CTS Cement Manufacturing, or

- Approved Equal. Course aggregate (1/2” maximum) shall be added to the rapid-setting mortar in accordance with the

manufacturer’s recommendations. 400.03.03 CONSTRUCTION. Refer to Standard Specifications Section 426.03 and the following. (a) Concrete Deck Removal. The Contractor shall field mark the repair areas denoted on the

contract plans and obtain acceptance of the marked areas by the Engineer prior to beginning concrete removal. Concrete shall be removed a minimum of 1” under the top mat of reinforcing steel. Care shall be exercised to prevent cutting or damaging any exposed reinforcing steel. Damaged reinforcing steel and epoxy coated reinforcing steel shall be replaced in accordance with Standard Specifications Section 421. All reinforcing bars located within a repair area will be coated with epoxy paint prior to placement of concrete. Grinding or chipping the existing concrete deck within 6 feet of a newly repaired area is prohibited until the concrete has cured for a minimum of 12 hours. Removal of concrete shall be limited to an area that can be repaired within the allotted work hours. If the removal of material is anticipated to extend to the full depth of the deck, the Contractor must provide shielding to protect the area beneath the bridge.

(c) Proportioning and Mixing the Concrete Materials. Materials shall be mixed at the site in

accordance with the specified requirements of the manufacturer and for the equipment used.




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2 of 2 The concrete discharged from the mixer shall be uniform in composition and consistency. Mixing shall be capable of permitting repair operations to proceed at a steady pace.

(c) Placing Concrete. The finished concrete repair area will be part of the riding surface of the

bridge. The top surface of the deck repair shall be even with the top of the remaining deck and be placed to the true as planned line and grade of the roadway. The Contractor shall take every reasonable precaution to ensure a smooth riding bridge deck by placing the concrete in a manner that meets the grade and finish of the adjoining portions of the existing bridge deck. Apply a bonding agent to all surfaces where fresh concrete will be placed against existing concrete. While the bonding agent is still tacky, place the fresh concrete. If the bonding agent dries prior to placing the fresh concrete, another coat shall be placed at no additional cost to MDTA. Any required forms supplied to enable placement of the concrete may be suspended from the deck by wire ties. The new concrete shall not be placed at temperatures lower than the manufacturer’s specifications without approved cold weather protection. Adequate precautions shall be taken to protect freshly placed concrete repairs from sudden or unexpected rain. Concrete placement shall be limited to an area that will allow an appropriate time for curing within the allotted work hours.

(d) Curing Concrete. Concrete shall be wet cured for a minimum of one (1) hour. Curing

compound may be used as a substitute when a water cure is not practical. All traffic (Contractor’s or public) is prohibited on the concrete repair area until curing is complete and the material has achieved a minimum compressive strength of 2,500 psi.

400.03.04 MEASUREMENT AND PAYMENT. Concrete Deck Patching Repair will be measured and paid for at the Contract unit price bid per cubic foot. The payment will be full compensation for field marking repair areas, removing deteriorated concrete to the required depth, cleaning and preparing the surface to be repaired, control of waste material, replacing deteriorated or damaged reinforcing steel, furnishing and installing the repair materials, curing and for all materials, labor, equipment, tools and incidentals necessary to complete the work. Concrete Deck Patching Repair locations are anticipated to be Type 3 Deck Repairs, where the depth of deck removal is over 3 inches deep but not full depth. If during the concrete removal process, it is determined by the Engineer that there is sufficient deteriorated concrete to warrant full-depth repair, measurement and payment for full-depth deck patch repair and shielding shall be made under the Miscellaneous Repairs item.




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SECTION 400.04 – REPLACE CHAIN LINK FENCING FABRIC

400.04.01 DESCRIPTION. The work shall consist of repairing or replacing portions of chain link fence fabric and all associated hardware on bridges. 400.04.02 MATERIALS. Chain Link Fencing Fabric 914.01 Tie Wares, Line Post Clips, 914.02 Tension Wires and Tension Wire Clips Posts, Braces, Fittings and 914.03 Hardware 400.04.03 CONSTRUCTION. Refer to Standard Specifications Section 607.03 and the following.

(a) Replacement of Existing Chain Link Fencing Fabric. Where broken or damaged fencing fabric is denoted on the plans, the Contractor shall remove the broken or damaged fencing section between two adjacent posts and replace the fencing and any required hardware associated with the new fencing fabric. Care shall be taken not to damage existing chain link fence elements to remain.

(b) Lead Paint. Chain link fences may contain lead paint. Any painted chain link fences, posts, or securing devices to be sanded, scraped, grinded, or otherwise disturbed by the Contractor in a manner sufficient to generate dust shall be evaluated by the Contractor for lead-based paint content prior to disturbance using either an x-ray fluorescence device or EPA Method SW-846-3050 B. Should these materials contain lead-based or lead-containing paint, the Contractor shall handle the materials, and ensure protection of worker and environmental health in a manner sufficient with State and Federal regulations.

400.04.04 MEASUREMENT AND PAYMENT. Replace Chain Link Fencing Fabric will not be measured for payment but will be paid for through the Miscellaneous Repairs item. The payment will be full compensation for furnishing and installing all materials, labor, equipment, tools and incidentals necessary to complete the work. In the event that the chain link fence and its hardware contains lead paint, the Repair Chain Link Fencing will not be measured for payment but will be paid for through the miscellaneous repairs item.




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2 of 2 The payment will be full compensation for furnishing and installing all materials, labor, equipment, tools, proper disposal and managing of lead paint and incidentals necessary to complete the work.




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SECTION 400.05 – BRIDGE PARAPET JUNCTION BOX REPAIRS

400.05.01 DESCRIPTION. The work shall consist of replacing utility conduit junction box cover plates on bridge parapets. 400.05.02 MATERIALS. Junction box cover plates shall be aluminum. Gaskets shall be neoprene. Screws shall be stainless steel. 400.05.03 CONSTRUCTION. Refer to Standard Specifications Section 811 and the following. (a) Replace Junction Box Cover Plate. Where damaged or missing junction box cover plates are

denoted on the plans, the Contractor shall furnish and install new junction box cover plates with new neoprene gaskets and new stainless steel screws. The Contractor shall determine the replacement cover plate dimensions and connectors. The Contractor shall field verify the existing dimensions prior to order any materials.

(b) Removal of Existing Gaskets. MDTA does not currently have any data on the material

composition of existing gaskets associated with the bridge parapet junction boxes. Prior to any disturbance of these materials, the Contractor shall conduct material testing for the presence of asbestos according to PLM 600 analysis through an NVLAP accredited laboratory and provide MDTA with the sampling data. Should the material contain asbestos, the Contractor shall handle the materials in a manner sufficient with State and Federal requirements.

400.05.04 MEASUREMENT AND PAYMENT. Replace Junction Box Cover Plate will not be measured for payment but will be paid for through the Miscellaneous Repairs item. The payment will be full compensation for measuring existing cover plate dimensions, removing existing cover plates, material testing/handling, furnishing and installing new cover plates, gaskets, screws, and for all materials, labor, equipment, tools and incidentals necessary to complete the work.




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SECTION 400.06 – REPAIR/REPLACE CHAIN LINK FENCING HARDWARE

400.06.01 DESCRIPTION. The work shall consist of repairing and replacing miscellaneous fencing hardware not associated with repairing or replacing fencing fabric. 400.06.02 MATERIALS. Concrete Mix No. 2 902.10 Chain Link Fencing Fabric 914.01 Tie Wares, Line Post Clips, 914.02 Tension Wires and Tension Wire Clips Posts, Braces, Fittings and 914.03 Hardware 400.06.03 CONSTRUCTION. Refer to Standard Specifications Section 607.03 and the following. (a) Tighten Loose Fence Rails. Where loose or disconnected horizontal fence rails are denoted on

the plans, the Contractor shall reattach and tighten the connection of the horizontal rail to the vertical post. Care shall be taken not to damage existing chain link fence elements to remain.

(b) Tighten Loose Fence Posts. Where loose vertical fence posts are denoted on the plans, the

Contractor shall secure the loose post by tightening loose anchor bolt nuts at the base plate. If nuts are missing, they shall be replaced in-kind. Care shall be taken not to damage existing chain link fence elements to remain.

(c) Lead Paint. Chain link fences may contain lead paint. Any painted chain link fences, posts, or

securing devices to be sanded, scraped, grinded, or otherwise disturbed by the Contractor in a manner sufficient to generate dust shall be evaluated by the Contractor for lead-based paint content prior to disturbance using either an x-ray fluorescence device or EPA Method SW-846-3050 B. Should these materials contain lead-based or lead-containing paint, the Contractor shall handle the materials, and ensure protection of worker and environmental health in a manner sufficient with State and Federal regulations.

400.06.04 MEASUREMENT AND PAYMENT. Repairing or replacing miscellaneous chain link fencing hardware will not be measured for payment but will be paid for through the miscellaneous repairs item. The payment will be full compensation for all materials, labor, equipment, tools, proper disposal and managing of lead paint and incidentals necessary to complete the work.




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2 of 2 Missing anchor bolt nuts and other fence elements that are determined by the Engineer to be unsatisfactory shall be replaced as directed by the Engineer. Payment for this work shall be made through the Miscellaneous Repairs item.




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SECTION 400.07 – TROWEL GRADE MORTAR FOR BRIDGE REPAIRS

400.07.01 DESCRIPTION. The Contractor shall have the option to furnish and place trowel grade mortar for parapet concrete repairs less than 1.0 cubic feet in volume in lieu of cast-in-place concrete repairs. 400.07.02 MATERIALS.

Synthetic Fibers 902.06.06 Curing Materials 902.07 Mortar for Grout 902.11(a) or (b), 4500 psi Reinforcement 908.01, 908.02, and 908.08 Water 921.01

The mortar shall be fiber reinforced, trowelable, patching mortar designed for overhead use. Color shall match existing. 400.07.03 CONSTRUCTION. Refer to Section 423 except that trowel grade mortar shall be used. Ensure that all surfaces of the removal areas are either vertical or horizontal after preparation. Feathered edges are not be permitted. 400.07.04 MEASUREMENT AND PAYMENT. The payment will be full compensation for all removal of existing deteriorated concrete, cleaning existing reinforcing steel, furnishing and placing new reinforcing steel as required, drilling and grouting holes, furnishing and installing wire fabric, furnishing and placing trowelable mortar, and for all material, labor, equipment, tools, and incidentals necessary to complete the work. 400.07.04.01 The cost of Trowel Grade Mortar Repairs located within the parapet will be measured at the contract price per cubic foot for the Concrete Patching item.




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SECTION 400.08 – METHYL-METHACRYLATE (MMA) CRACK REPAIR

400.08.01 Description. Furnish and place a concrete sealer mixed with sand along existing cracks in concrete surfaces, as indicated on the Plans, to seal cracks from 1/8” wide or greater. 400.08.02 Materials. Methyl-Methacrylate (MMA) Sealant. Methyl-Methacrylate Sealant shall be a low-viscosity, rapid-curing, high-performance sealant suitable for use on existing concrete surfaces. (a) Acceptable Products: - FX-821 MMA by Simpson Strong-Tie; or - T-78 Polymer Crack Sealer by Transpo Industries, Inc.; or - TK-2414 by TK Products; or - Approved Equal. (b) Sand 901.01 400.08.03 Construction. Cracks in the concrete deck surface 1/8” wide or greater shall be pretreated by filling the crack with sand and saturating the sand with the sealant material. The MMA Sealant shall be applied in a 6 inch width along the entire length and worked into the crack to ensure all voids are filled. Surface preparation and application rate shall be in accordance with the manufacturer’s recommendations. All crack repairs shall take place prior to sealing of the concrete deck. Both Silane and MMA deck sealants can be applied directly on top of the crack repairs. 400.08.04 MEASUREMENT AND PAYMENT. MMA Crack Sealant will be measured and paid for at the Contract unit price per linear foot of 6 inch wide crack sealant applied. The payment will be full compensation for furnishing material, all surface preparation, mixing, and application of sealer and sand, and all material, labor, equipment, tools, and incidentals necessary to complete the work.




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SECTION 423 – PNEUMATICALLY APPLIED MORTAR

423.01 DESCRIPTION.

341 ADD: The following.

This work also includes cast-in-place repair of concrete bridge elements as specified in the Contract Documents.

423.02 MATERIALS. 341 ADD: The following.

Concrete for cast-in-place repair of parapets, medians, curbs, sidewalks and other elements shall be very rapid setting concrete in accordance with Standard Specifications Sections 902.10 and 902.14.

423.03 CONSTRUCTION. 345 ADD: The following.

423.03.10 Cast-In-Place Concrete Repairs. The Contractor shall field mark the repair areas denoted on the contract plans and obtain acceptance of the marked areas by the Engineer prior to beginning the work. Surface preparation shall be in accordance with Section 423.03.03. Refer to Section 423.03.04 for reinforcing steel requirements.

423.04 MEASUREMENT AND PAYMENT. 345 ADD: The following.

The Concrete Patching item will be measured and paid for at the Contract unit price bid per cubic foot for the Concrete Patching item. The payment will be full compensation for field marking repair areas, removing deteriorated concrete to the required depth, cleaning and preparing the surface to be repaired, replacing deteriorated or damaged reinforcing steel, repairing conduit in parapets, furnishing and installing the repair materials, curing and for all materials, labor, equipment, tools and incidentals necessary to complete the work.




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SECTION 460 – EXPANSION JOINTS IN STRUCTURES

460.01 DESCRIPTION.


This work also consists of furnishing and installing pourable silicone seals, compression seals and closed-cell foam seals in existing bridge deck joints, replacing drainage troughs, cleaning debris from existing bridge deck joints and drainage troughs, and replacing parapet joint plates as specified in the Contract Documents.

460.02 MATERIALS. 438 ADD: The following.

460.02.02 Pourable Silicone Seal. Pourable silicone seal shall be a two-part, self-leveling, low-modulus sealant suitable for use in bridge deck expansion joints. The seal shall be capable of accommodating a movement range with respect to the initial joint opening of 100% elongation and 50% compression. Backer rods should be sized in accordance with the manufacturer’s recommendations to ensure proper configuration of the sealant. 460.02.03 Closed-Cell Foam Seal. Closed-cell foam seal shall be an impermeable closed cell, resilient and non-extrudable foam material with a UV stabilizer meeting the following requirements: Elongation at Break (ASTM D 3575) 255% +/- 25% Tensile Strength (ASTM D 3575) 115 psi +/- 21 psi Compression Recovery (AASHTO T42) 87% +/- 3% Compression Set (ASTM D3575) 10% (2-hour recovery) 9% (24-hour recovery) Weathering/Deterioration (AASHTO T42) No deterioration Tear Resistance (ASTM D 624) 15 lbs/in +/- 20% Density (ASTM D 3575) 2.7 – 3.2 Water Absorption (ASTM D 3575) 0.02 lbs/ft3 Specimen Extrusion (ASTM D 3575) < 0.25” (free side)

460.02.04 Parapet Joint Plate. Steel for parapet joint plates shall conform to ASTM A 709, Grade 36 or better.




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460.03 CONSTRUCTION. 439 ADD: The following to Joint Replacement and Modification.

Prior to ordering any joint materials, the Contractor shall measure the joint opening at each location and record the air temperature at the time of the measurement for comparison with the tabulated data on the plans. If there is significant variation between the measured joint opening and the anticipated joint opening, the Contractor shall notify the Engineer. For compression seal joints, existing seal retainer bars determined by the Engineer to be unsatisfactory shall be replaced in-kind as shown on the plans.

The seals shall be suitable for the proposed application and range of movement and shall be installed in accordance with the manufacturer’s recommendations.


460.03.02 Removal of Debris from Drainage Troughs. Where removal of debris from drainage troughs is denoted on the plans, the Contractor shall completely remove all dirt, debris, trash, vegetation and other foreign materials from the drainage trough and any catch basin connected to the trough. Care shall be taken not to damage the existing drainage trough, trough supports, catch basins, downspouts, deck joints, seals or the deck drainage system. Debris removed from the trough shall be collected and removed from the bridge site.

460.03.03 Parapet Joint Plate Repair. Where repair of steel sliding plates at parapet joints is denoted on the plans, the Contractor shall completely remove the existing 3/8” sliding plate (if present) and replace the plate in-kind. Existing ½” diameter flat head cap screws used to attach the sliding plate shall be replaced in-kind. The new sliding plate and all existing adjacent steel joint plates to remain shall be cleaned and painted in accordance with Standard Specifications Section 435. The color of the finish coat shall be as directed by the Engineer. The limit of cleaning and painting shall include the top face and roadway face of the parapet. 460.03.04 Removal of Existing Joint Seals. MDTA does not currently have any data on the material composition of existing expansion joint seals/sealants in the bridge deck joints.




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3 of 3 460.04 MEASUREMENT AND PAYMENT. 440 ADD: The following.

460.04.05 Replace Bridge Roadway Seal with Pourable Silicone Seal and Replace Bridge Roadway Seal with Closed Cell Foam Seal will be measured and paid for at the Contract unit price bid per linear foot. The payment will be full compensation for removing the existing seals, material testing/handling, cleaning and painting the steel joint armoring, furnishing and installing all seal materials, leak testing the new seals and for all materials, labor, equipment, tools and incidentals necessary to complete the work.

460.04.06 Remove Debris from Bridge Drainage Trough will not be measured for payment but will be paid for through the miscellaneous repairs item. The payment will be full compensation extending the complete length of the trough for all materials, labor, equipment, tools and incidentals necessary to complete the work.

460.04.07 Replace Sliding Plate at Parapet Joint will not be measured for payment but will be paid for through the miscellaneous repairs item. The payment will be full compensation for removing the existing plate and hardware, furnishing and installing the new sliding plate and hardware, cleaning and painting and all materials, labor, equipment, tools and incidentals necessary to complete the work.


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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: “MDTA Project Office.” 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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CATEGORY 500 PAVING

SECTION 500.01 – RUMBLE STRIPS

500.01.01 DESCRIPTION. Furnish and install heat applied preformed thermoplastic pavement marking lines to create transverse rumble strips. 500.01.02 MATERIALS. Preformed Thermoplastic is a durable pavement marking material. Preformed Thermoplastic Pavement Marking material shall be selected from the Qualified Products List. Heat Applied Permanent Preformed Thermoplastic Pavement Marking Material 951.06 500.01.03 CONSTRUCTION. Refer to Section 556. Cleaning Pavement Surfaces. Refer to Section 549.03.02. Existing rumble strip marking material shall be completely removed. Rumble Strips. After removing existing rumble strips and cleaning the pavement surface, install new rumble strips at the same location as the previous rumble strips. Rumble strip placement shall consist of three groups of ten rumble strips. Rumble strips within each group shall be spaced at 6 foot on-center. There shall be 90 foot clear distance between each group of rumble strips. Rumble strips shall extend across the entire width of the travel lanes. Form transverse rumble strips by placing two pieces of 5” white reflective thermoplastic pavement marking material on top of each other. Control of Waste Material. Removed rumble strips and other pavement marking materials shall be handled, stored, and disposed of by the Contractor in a manner sufficient with their composition. If necessary, the Contractor may be required to characterize these materials for composition prior to disposal. Any materials requiring special handling and disposal (i.e. non-hazardous and/or hazardous) shall be managed according to State and Federal requirements with documentation submitted to MDTA upon receipt. 500.01.04 MEASUREMENT AND PAYMENT. Rumble Strips will be measured and paid for at the actual length of rumble strips installed multiplied by the number of layers of pavement marking material placed to form each rumble strip. Payment will be full compensation for removing existing rumble strips, pavement surface preparation, pavement marking material, testing, and for all material, labor, equipment, tools, and incidentals necessary to complete the work.

BRIDGE DECK SEALING AND MISCELLANEOUS

REPAIRS FOR VARIOUS BRIDGES SPECIAL PROVISIONS INSERT Contract No. FT-3005-0000

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PAVING

SECTION 549 – PAVEMENT MARKINGS 516 DELETE: SECTION 549 — PAVEMENT MARKINGS in its entirety. INSERT: The following. 549.01 DESCRIPTION. Apply durable and nondurable pavement markings (lines, letters, numbers, arrows and symbols) to various surfaces at locations and in patterns as specified or as directed. 549.02 MATERIALS. As specified. 549.03 CONSTRUCTION. 549.03.01 Quality Control. Submit a proposed Quality Control Plan (QCP) at least 30 days prior to the pre-striping meeting. Address procedures for random sampling as specified in MSMT 729. Provide detail as to how the equipment and material will be controlled to ensure conformance with the specifications. Include the following.

(a) Manufacturer’s application recommendations, (b) Personnel certifications, (c) Inspection and record keeping procedures, (d) Minimum frequencies of sampling and testing as specified.

Detail when and how corrective actions will be taken for unsatisfactory construction practices and deviations from specifications. Deviations from the QCP shall be cause for immediate suspension of the marking operation. Operations will not resume without approval.

(a) Certified Technicians. MSMT 729. Provide certified technicians to perform quality control testing and sampling. The technicians shall demonstrate that they have a thorough knowledge of sampling and testing procedures. Duties shall include: (1) Perform quality control during the marking operations in conformance with the approved

QCP.



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2 of 4 (2) Identify the location of quality control tests. Should a certified technician be delinquent in

any of their duties as determined, then the technician’s certification shall become invalid and a recertification is required.

(3) All pavement marking operations shall be suspended until a certified replacement

technician is provided.

(b) Records. Maintain complete records of quality control inspection results, including actions taken to correct problems. Submit a copy of the QC results daily, signed by the certified technician. Identify the location of the following quality control tests. (1) Ambient temperature. (2) Pavement surface temperature. (3) Material temperature. (4) Material thickness. (5) Retroreflectivity. (6) Alignment. (7) Color.

549.03.02 Quality Assurance. The Authority will provide certified technicians to conduct quality assurance to:

(a) Perform independent sampling and testing. (b) Periodically observe Quality Control testing. (c) Direct additional sampling and performing additional tests at any time and at any location. (d) Monitor conformance with the QCP. (e) Evaluate quality control results.

Quality assurance testing will provide the basis for final acceptance. Independent assurance audits will be performed to confirm and assure that both the quality control personnel's test methods and quality control test equipment conform to specifications.



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3 of 4 549.03.03 Placement. Do not begin placement operations until the QCP is approved and a walkthrough with the Engineer and pavement marking foreman has been performed to approve the layout. 549.03.04 Widths. The traveled way lane widths and width of longitudinal lines shall be as specified. Lane widths shall be measured from center to center of the lane lines once a control line is established for the lane configuration of the roadway. When measurements are taken from existing longitudinal lines, the point of reference shall be the center of the single line or the center of the space between dual lines. The traveled way lane widths are in compliance when they have an acceptable appearance and are within 2 in. of the proposed lane widths. 549.03.05 Alignment. Place markings in a straight and uniform manner. Lane lines are in compliance when they have an acceptable appearance and are visually in alignment, with no more than a 3/8 in. variation in any 40 ft. section of traveled way. Maintain longitudinal alignment through all intersections and breaks, even though the lines may discontinue. Do not apply markings over longitudinal joints. Offset the markings 2 in. Place surface applied tape back 1 in. from transverse joints or cracks. 549.03.06 Layout Markings. Remove layout markings that detract from the overall appearance or function of the final markings as determined and at no additional cost. 549.03.07 Cleaning Pavement Surfaces. Prior to application, clean pavement surfaces of oil, dirt, grease, concrete laitance and other contaminants to a width 4 to 6 in. wider than the markings to be applied. 549.03.08 Marking Removal. Section 558. Remove existing pavement markings that conflict with new or altered traffic patterns. Use an approved method, and ensure that the pavement surface in not damaged by the process. Repair or replace damaged pavement at no additional cost. 549.03.09 Quality Control Test Strips. Conduct a quality control strip at the beginning of each day’s operations for the contract or job to demonstrate that the application equipment is working properly and applying markings as required. Repeat the demonstration whenever there is a change in the equipment settings or as directed when the quality of the line being applied is in question. Authorization to proceed will be given when the quality control test indicates conformance. If the application of the control strip test strip is on the actual roadway, correct any application that is not in compliance. 549.03.10 Curing. Protect the markings until dry or cured by placing warning devices per MdMUTCD or as approved. If a vehicle damages uncured markings, reapply the markings and remove marks left on the pavement by the vehicle at no additional cost. For pavements in service, only one lane of traffic will be permitted to close at a time.



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4 of 4 549.03.11 Observation Period. The Contractor shall be responsible for repairing any defects in materials and workmanship of the pavement markings for a period of 180 days for durable and 60 days for nondurable materials from the date the pavement is opened to traffic. The observation period for inlaid tape is 365 days. Time charges will not be assessed during the observation period provided all other work is complete. At the end of the observation period, the pavement markings will inspected for durability, color, and retroreflectivity. The Contractor will be informed of pavement markings that have failed and that require corrective action. Pavement markings will be failed for any of the following conditions.

(a) More than 5 percent of the substrate is exposed in any 2000 ft. section of longitudinal marking.

(b) Retroreflectance values have dropped below the minimum retroreflectivity specified.

(c) Marking is discolored when compared visually with the color chips.

Restripe or remove and replace all failed markings within 30 days of receiving written notification. 549.04 MEASUREMENT AND PAYMENT. Payment for furnishing and applying pavement marking (lines, letters, numbers, arrows and symbols) will be made under the pertinent pavement markings items. Quality control will not be measured but the cost will be incidental to the other pertinent items specified. 549.04.01 Removal, Replacement, or Corrective Actions. Provide corrective actions for markings unsatisfactorily installed or that fail during the observation period as determined and at no additional cost, including Maintenance of Traffic. The current road user fee will also be applied when traffic disruption occurs during corrective actions.



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PAVING

SECTION 557 – SNOWPLOWABLE RAISED PAVEMENT MARKERS 557.01 DESCRIPTION. Furnish and install new Snowplowable Raised Pavement Markers (SRPM) and replacement components as specified and directed. Install SRPM in holders or direct to pavement in grooves at the locations as specified and in conformance with the Maryland Manual of Uniform Traffic Control Devices (MdMUTCD). 557.02 MATERIALS. Holders 951.07 Pavement Marker Reflector Lenses 951.07 Epoxy Holder Adhesive 951.07 Lens Adhesive 951.07 Snowplowable Raised Pavement Markers are durable materials. Select SRPMs from the Qualified Products List (QPL). 557.03 CONSTRUCTION. 549.03. 557.03.01 Quality Control/Quality Assurance. 549.03.01. 557.03.02 Quality Control Test Strip. 549.03.09. Install a minimum of 10 groove cuts spaced as specified to verify the accuracy and ability of the equipment and personnel. Replace any incorrect groove cuts and any incorrect casting placements within the test strip at no additional cost. 557.03.04 Pavement Marker Reflector Lenses. 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 or as directed.

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

adjacent pavement marking. 557.03.05General Installation Requirements.

(a) Ensure all materials and equipment needed to perform the installation are on site.

(b) Ensure the road surface and ambient temperatures meet the manufacturer’s recommendations for installation. Installing markers on wet pavement surfaces is prohibited.

(c) Replace any incorrect groove cut, incorrect casting placement, or incorrect lens replacement at no additional cost. An additional test strip may be required in the event of incorrect installations.



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557.03.06 Replacement Holder.

(a) Steel Casting Replacement. Do not replace with damaged or removed castings. Do not reuse existing groove cuts. The location of the replacement groove cut shall be within 10 percent longitudinally ahead (with the direction of traffic) and with no lateral deviation exceeding 1.5 in. Permanently patch previously used groove cuts per Sections 504, 505, and 522 or as directed.

(b) Polycarbonate Replacement. Refer to 557.03.06(a). (c) Direct Replacement.

(1) Remove and dispose of any damaged reflector lenses and replace with lenses that conform

to the original lens requirements unless otherwise specified or as directed. Install replacement lenses per the manufacturer’s recommendations.

(2) Reuse existing groove cuts that comply with D 4383. (3) Repair damaged groove cuts per Section 504, 505, 522, or as directed. Locate the

replacement groove cut within one longitudinal foot ahead of the damaged cut (with the direction of traffic) with no lateral deviation exceeding 1.5 in.

557.05.07 Reflector Lens Replacement. Remove from holder and dispose of any damaged reflector lens and replace with a new lens on undamaged steel castings or plastic holders that have missing or damaged lenses. Install replacement lenses per the manufacturer’s recommendations. 557.03.08 Observation Period. Replace damaged, non-retroreflective or missing Pavement Marker Reflector Lenses within 180 days after opening to traffic at no additional cost. 557.03.09 Submittals. Submit product data sheets including instructions for installation, MSDS and a Quality Control Plan for review and approval. 557.04 MEASUREMENT AND PAYMENT. 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. Snowplowable Raised Pavement Markers will not be measured for payment but will be paid for through the miscellaneous repairs item. Furnishing and installing SRPM includes the holder, reflector, adhesive and grooving.




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PAVING

SECTION 558 – REMOVAL OF EXISTING PAVEMENT MARKINGS 558.01 DESCRIPTION. Remove existing pavement markings (lines, letters, numbers, arrows, and symbols) during temporary or permanent traffic shifts or restriping operations, and repair any roadway areas damaged during the removal process. 558.02 MATERIALS. Not applicable. 558.03 CONSTRUCTION. Section 549. Layout and apply all new pavement markings (temporary or permanent) for traffic shifts as specified before removing any existing pavement markings. 558.03.01 Quality Control. Refer to 549.03. Submit a Quality Control Plan (QCP) for approval at least two weeks prior to the start of pavement marking removal. The QCP shall contain the following:

(a) Location and quantity to be removed. (b) Proposed method(s) of performing the work. Consider pavement conditions, types and

quantities of equipment to be used, manpower estimates, and time frame to complete the work based on Maintenance of Traffic (MOT) restrictions.

(c) Protective shielding plan and containment system for dust and in case the markings contain

toxic materials. The QCP shall also detail when, how, and what corrective actions will be taken to address unsatisfactory construction practices and deviations from the QCP. Any deviation from the Plan shall be cause for immediate suspension of work. Operations shall not resume without approval. 558.03.02 Quality Control Test Strip. Remove a minimum of 100 ft. of existing pavement marking as a test strip at a determined location to demonstrate the proposed removal method for approval prior to beginning the work. If the method does not work or shows signs of damaging the pavement, then employ another method. Additional control strips may be required. The preferred method is that which completely removes the markings with the least damage to the pavement. 558.03.03 Methods of Removal. Use removal methods determined by pavement condition and type of marking material being removed, unless otherwise directed.




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(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.

558.03.04 Lane Shifts and Temporary Traffic Markings. Remove markings to bare pavement as determined.

(a) Grooves created shall be uniform throughout and may be no more than 1/8 in depth, with no

gouge areas.

(b) If a second pass is necessary to completely remove the markings, feather the edges of the groove to a width of 1.25 in. on each side for every additional 1/8 in. of depth.

Blackout tape may be used in accordance with MdMUTCD. Refer Section 104.

(c) Use hydro blasting to remove existing markings when lane shifts are temporary and markings will be returned to original alignment.

558.03.05 Existing Markings for Restriping. Remove markings so that new markings may be placed in the same location and alignment. Refer to D 913 for a visual guide to determine percent bare pavement.

(a) Use methods that remove the markings to 80-90 percent bare pavement across the surface of

the eradicated area and only slightly abrade the pavement surface without grooving of the pavement or fracturing of the aggregate.

(b) The applied markings shall be capable of filling slight irregularities while maintaining the full thickness requirements above the pavement surface.

558.03.06 Existing Inlaid and Surface Tapes for Restriping. Remove markings to bare pavement as determined so that new markings may be placed in the same location and alignment.

(a) Use hydro blasting methods or other non-grooving method to eradicate to bare pavement.




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(b) The applied markings shall be capable of filling slight irregularities while maintaining the full thickness requirements above the pavement surface.

(c) Apply temporary markings in accordance with MdMUTCD if eradicated markings cannot be replaced on the same day. Do not install any temporary markings in the eradicated area.

558.03.07 Cleaning Pavement Surfaces. Refer to 549.03.07. 558.03.08 Alignment. Perform removal in a straight and uniform manner and 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. 558.03.09 Corrective Actions. Refer to 549.03.01. 558.04 MEASUREMENT AND PAYMENT. 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. Removal of the existing pavement markings will be measured and paid for at the Contract unit price for one or more of the following items:

(a) Removal of Existing Pavement Marking Lines per linear foot, any width.

(b) Removal of Existing and Temporary Pavement Marking Letters, Symbols, Arrows, and Numbers shall be paid through the Miscellaneous Repairs Allowance Item.



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CATEGORY 500 PAVING

SECTION 559 – PERMANENT PERFORMED PATTERNED REFLECTIVE PAVEMENT

MARKINGS

559.01 DESCRIPTION. Furnish and apply 10 inch permanent preformed patterned reflective pavement (PPPRP) markings for gore lane lines and 15 inch permanent preformed patterned reflective pavement (PPPRP) markings for gore “Chevron” 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 stripping 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 to the manufacturer’s recommendations and be approved by the Engineer. After PPPRP markings are applied, they shall be immediately ready for traffic. 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: (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.



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2 of 3 (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 None

Yellow 250 or higher

White less than 350 Necessary corrective actions, removal,

replacement Yellow less than 250

(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. 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:



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3 of 3 (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. The payment will be full compensation for all pavement preparation, furnishing and placing of markings, testing, and for all material, labor, equipment, tools, and incidentals necessary to complete the work. 559.04.01 15 Inch White Preformed Permanent Patterned Reflective Pavement Markings – Chevron Pattern will be measured and paid for at the Contract unit price per linear foot for the color and width specified. 559.04.02 10 Inch White Preformed Permanent Patterned Reflective Pavement Markings will be measured and paid for at the Contract unit price per linear foot for the color and width specified.



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CATEGORY 500 PAVING

SECTION 563 – PERMANENT PREFORMED PATTERNED REFLECTIVE CONTRAST

PAVEMENT MARKINGS 563.01 DESCRIPTION. Furnish and apply permanent preformed patterned reflective contrast pavement (PPPRCP) markings. 563.02 MATERIALS. Permanent Preformed Patterned Reflective Contrast Pavement Marking Materials 951.10 563.03 CONSTRUCTION. 563.03.01 General. PPPRCP markings shall be applied in conformance with the manufacturer’s recommendations or as directed by the Engineer. When the Contract Documents specifies the use of PPPRCP 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. PPPRCP 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 PPPRCP markings shall conform to the manufacturer’s recommendations and be approved by the Engineer. After PPPRCP markings are applied, they shall be immediately ready for traffic. The PPPRCP markings shall consist of durable retroreflective white or yellow pliant polymer markings with durable matte black nonreflective pliant polymer borders. The total width of the PPPRCP markings shall be an additional 3 in. wider than the nominal width specified. This additional 3 in. shall be a black nonreflective film with 1-1/2 in. on both sides of the white or yellow film. 563.03.02 Quality Assurance/Quality Control. Refer to 549.03.01.

563.03.03 Cleaning Pavement Surfaces. Refer to 549.03.02 and the following: When PPPRCP markings are to be placed on any pavement surface where there are pre-existing pavement markings and adhesive, the pre-existing pavement markings and adhesive shall be removed as determined by the Engineer. The PPPRCP markings shall be applied to a clean and dry pavement surface. 563.03.04 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 PPPRCP 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 PPPRCP 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 PPPRCP markings match the specified color.

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

MINIMUM RETROREFLECTANCE

COLOR RETROREFLECTIVITY CORRECTIVE ACTION

White 350 or higher None

Yellow 250 or higher

White less than 350 Necessary corrective actions, removal, replacement Yellow less than 250

(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). 563.03.05 Quality Control Test Strip. Refer to 549.03.03. 563.03.06 Observation Period. The Contractor shall be responsible for any defects in materials and workmanship of the PPPRCP 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 PPPRCP 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 PPPRCP markings. 563.04 MEASUREMENT AND PAYMENT. Permanent Preformed Patterned Reflective Contrast Pavement Markings will be measured and paid for at the Contract unit price per linear foot for the color and width specified. The payment will be full compensation for all pavement preparation, furnishing and placing of markings, testing, and for all material, labor, equipment, tools, and incidentals necessary to complete the work.



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CATEGORY 500 PAVING

CATEGORY 600

SHOULDERS

SECTION 604 – CONCRETE TRAFFIC BARRIER

604.01 DESCRIPTION. 513 ADD: The following.

This work also includes replacing reflective delineators on bridge parapets as specified in the Contract Documents.

604.03 CONSTRUCTION. 516 ADD: The following to Section 604.03.04.

Where replacement of bridge parapet mounted reflective delineators is denoted on the plans, the Contractor shall remove remnants of the previous delineators and install new parapet mounted delineators. Delineators shall be yellow in color when placed on the left (median) side barrier and white in color when placed on the right (shoulder) side barrier. Delineators shall be side mounted at a height of 2’-8” (+/- 2”) above the roadway surface. The reflective face shall be perpendicular to the top of the barrier wall. Delineator spacing shall match the existing spacing as directed by the Engineer but shall not exceed the following: 50’ in curves with a radius less than 300’; 75’ in curves with a radius less than 1,000’; and 100’ in curves with a radius of 1,000’ or greater and tangent segments. Delineator installation shall be in accordance with the applicable Maryland SHA Standard Details MD 665.01 through MD 665.06, which are included in Appendix 2.

604.04 MEASUREMENT AND PAYMENT. DELETE: 604.04.03 in its entirety. INSERT: The following. Bridge Parapet Reflectors will not be measured but will be paid for using the Miscellaneous Repairs Allowance item. The payment will be full compensation for all surface preparation, and all material, labor, equipment, tools, and incidentals necessary to complete the work.



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SECTION 831 – MISS UTILITY

831.01 DESCRIPTION. This work shall consist of contacting Miss Utility as required under the Underground Facilities – Damage Prevention Law (Miss Utility Law) and providing evidence of Miss Utility Marking of the construction area.

831.02 MATERIALS. Not Applicable

831.03 CONSTRUCTION

831.03.01 The Contractor shall contact Miss Utility at 1-800-257-7777 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.

831.03.02 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-Maryland Transportation Authority right of way/property if applicable. See 831.03.08 for other Maryland Department of Transportation (MDOT) agencies.

(b) The Contractor must specify to Miss Utility that the ticket is to be sent to MDTA-Maryland Transportation Authority or other pertinent MDOT agency if applicable.

(c) Applying for ticket using the on line ITIC Miss Utility ticket system: When using the One Call ITIC on line ticket program four (4) requirements must be entered into

the ticket. (See attached diagram) 1. Contractor must enter ‘MDTA’ in the ‘Work Being Done For’ box. 2. Contractor must select ‘YES’ in the ‘MD STATE ROW’ box. 3. Contractor must select ‘MDTA-MD Transportation Authority’ in the ‘MD Agency

Controlling Property or State Road Right Of Way’ box. 4. Contractor must insert the MDTA contract number in the ‘MDOT Permit’ box. (Note: For tickets being sent to MDTA the ‘MDTA Contract Number’ is considered to be the MDOT number)



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(d) Applying for ticket by Phone Call:

1. When applying to Miss Utility for a utility ticket by phone the contractor shall provide to the Call Center the MDTA Contract Number in place of the MDOT Permit number. (note: the MDTA contract number is considered to be the MDOT number)

2 The contractor shall then inform the Call Center that the excavation is on a Maryland State Right of Way and request the ticket be sent to the MDTA- Maryland Transportation Authority.

Further information can be found at the Miss Utility web site. www.missutility.net/Maryland/

For questions regarding MDTA Miss Utility and SHA Miss Utility requirements, property Right of

Way and utility locates contact Bill Pross 410-537-7829…email [email protected]



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Diagram 1) ‘Work Being Done For’ box: Insert MDTA



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Diagram 2) ‘MD STATE ROW’ box: Select and click YES



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Diagram 3) ‘MD Agency Controlling Property or State Road Right of Way’ box: You must select the state

agency controlling the property/road right of way where the excavation is being performed. In the example

work is being performed on MDTA road right of way.



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Diagram 4) ‘MDOT Permit’ box: You must insert the MDTA contract number in place of an MDOT permit

number to complete filling in the ticket. The MDTA contract number is considered the MDOT permit

number.



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Sample Miss Utility Locate Ticket



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8 of 13 31.03.03 The Contractor must notify Miss Utility an additional full business day in advance for areas, or numerous small areas, that contain more than 2500 linear feet of utility marking, and an additional full business day in advance for each additional increment of 2500 linear feet of utility marking.

831.03.04 LARGE AREAS. Requests for locating MDTA underground facilities within areas larger than 2,500 linear feet or numerous smaller areas that contain more than 2,500 linear feet shall be at the Approval of the Engineer and subsequently the pertinent MDTA Skilled Trade Specialist Supervisor (STSS). The Contractor shall make all requests in writing to the Engineer and the Chief Facility Maintenance Officer (CFMO) a minimum of five (5) business days prior to the minimum Miss Utility three (3) full business day notification as specified herein. Refer to the MDTA Facility Contacts shown below for the pertinent MDTA representatives.



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MDTA Operations Facility Personnel Contact Table

FACILITY(CFMO)

Chief Facility Maint. Officer(STSS)

Skilled Trade Specialist Supervisior

Fort McHenry Tunnel(FMT)

Jeff RobsonOffice: 410-537-1269Mobile: 443-829-1058

Andrew CoroneosOffice: 410-537-1274Mobile: 443-829-4945

Baltimore Harbor Tunnel(BHT)

Jeff Alter Office: 410-537-1315Mobile: 443-829-1760

Chong YooOffice: 410-537-1324Mobile: 443-324-6607

Francis Scott Key Mem. Bridge

(FSK)

Stacie SregenaOffice: 410-537-7677Mobile: 443-934-0140

James QuinnOffice: 410-537-7673Mobile: 443-324-6651

John F. Kennedy Highway, Maint. I

(JFK - I)

Maintance I: Rick GibsonOffice: 410-537-8105Mobile: 443-829-1705

Dan SawyersOffice: 410-537-1118Mobile: 443-829-1703

John F. Kennedy Highway, Maint. II

(JFK - II)

Maintance II: John MonkOffice: 410-537-8153Mobile: 410-365-5882


Thomas J. Hatem Mem. Bridge

(TJH)

Maintance II: John MonkOffice: 410-537-8153Mobile: 410-365-5882


William Preston Lane Jr. Mem. Bridge

(Bay Bridge)

Scott StillOffice: 410-537-6651Mobile: 443-829-1710

Richard HolthausOffice: 410-537-6669Mobile: 443-790-0517

Harry W. Nice Mem. Bridge

(Nice Bridge)

Tommy CrouchOffice: 410-537-6818Mobile: 443-677-7321

Melvin ProutOffice: 410-537-6921Mobile: 443-829-1713

Intercounty Connector MD 200 (ICC)

Ted WilliamsOffice: 410-537-6929Mobile: 443-790-9316

James DaviesOffice: 410-537-6927Mobile: 443-630-9472



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9 of 13 831.03.05 SCHEDULE IMPACTS. For the purpose of maintaining project construction schedules, the following items are dependent on completion of the prior item with the durations given regarding underground MDTA facilities.

a) For areas larger than 2500LF allow at least 5 business days’ notice to CFMO, STSS 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 2500LF increment of utility marking for the on-site marking operation. All digging or earth disturbances, as defined within the Underground Facilities – Damage Prevention Law, will be permitted to proceed at the direction of the Engineer upon completion of the marking operation.

831.03.06 MDTA UTILITIES. The MDTA is a Miss Utility Subscriber as of October 1, 2010. The MDTA will ONLY mark its own utilities that remain undisturbed within the construction limits of the active contract (see Error! Reference source not found. details below for Contractor Disturbed underground MDTA utilities) and only after notification through the Miss Utility notification system. Coordination of construction schedules will be performed after Miss Utility tickets are submitted as specified herein. The Contractor shall supply the Engineer, the facility CFMO and the facility STSS with the construction schedule affecting underground MDTA facilities a minimum of three (3) weeks in advance of construction. The Engineer shall provide the facility CFMO with the construction schedule.

831.03.07 CONTRACTOR DISTURBED UTILITIES. Underground MDTA facilities installed, 831.03.07 CONTRACTOR DISTURBED UTILITIES. Underground MDTA facilities installed, modified, relocated, or removed by the Contractor within the limits of construction and/or designated locate areas shall be understood to be “Contractor Disturbed” MDTA underground facilities and shall be considered the Contractor’s responsibility to field locate and mark. The duration of Contractor’s responsibility in this matter will remain until such time as the Contractor submits both the completed 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” law regarding marking standards, rules and regulations including marking colors and ticket response times.

b) The Contractor shall cooperate fully with the MDTA facility CFMO, facility STSS, the MDTA Utility locating personnel, other contractors, and 3rd parties with respect to the field marking of MDTA underground “Contractor Disturbed” facilities installed, modified or relocated by the Contractor within the designated locate areas of the limits of construction under this Contract. The Contractor’s facility field locate marking schedule shall be coordinated with the Engineer and the MDTA utility locating representative (either the STSS or the MDTA Utility locating person).



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10 of 13 c) When the MDTA utility locating representative (as noted above) receives a “Miss Utility”

locate request ticket from the One Call Center, the MDTA utility locating representative shall notify the Contractor and the Engineer via fax or email regarding the MDTA’s needs for investigating and processing the Miss Utility ticket. The purpose of this notification is to receive verification from the Contractor defining locating responsibilities for MDTA underground facilities. The Contractor must respond to the MDTA utility locating representative within two (2) full business days with a proper response. The response must state one or more of the following:

(1) If the designated Miss Utility ticket locate area does not contain any “Contractor Disturbed” MDTA underground facilities, the Contractor must inform, in writing, the Engineer and the MDTA utility locating representative of that fact.

(2) In the event the area of the Miss Utility ticket locate request is an area of “Contractor Disturbed” MDTA underground facilities, the Contractor must acknowledge responsibility for locating the underground facility and shall field mark the underground facility. If the field marking or a portion of the field marking for “Contractor Disturbed” underground facilities cannot be completed in a timely manner, a schedule must be provided defining the completion date for the field marking.

(3) If no “Contractor Disturbed” MDTA underground facilities exist within the designated locate area Miss Utility locate request, the Contractor shall provide the Engineer and the MDTA utility locating representative a written statement that no utilities or underground facilities installed, modified, relocated, or removed by the Contractor are present in the area.

(4) If “Contractor Disturbed” MDTA underground facilities have been located and marked by the Contractor within the designated Miss Utility ticket locate area, the Contractor shall provide the Engineer and the MDTA utility locating representative a written statement that the MDTA underground facilities installed, modified or relocated within the limits of “Contractor Disturbed” underground MDTA facilities have been marked in the designated area as described on the Miss Utility locate request ticket.

831.03.08 OTHER MDOT STATE AGENCY RIGHT OF WAY. The Contractor shall obtain Miss Utility locate clearance tickets from the Maryland State Highway Administration (SHA) or other pertinent state agency when the work requires the Contractor to perform excavation in SHA right of way or other pertinent state agency right of way.

(a) The Maryland Transportation Authority (MDTA) is conjoined with the State Highway Administration (SHA) at numerous interchanges throughout the State of Maryland. As example these locations include but are not limited to I-95 at MD 24, I-895 at I-95, I-695 at I-95, ICC/MD200 at I-95 etc. These conjoined interchanges, for both the MDTA and SHA agencies, will most likely contain each agencies underground electric, communication and/or fiber optic facilities within their respective conjoined Rights of Way. In these



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conjoined areas, SHA may have underground utilities within MDTA right of way and likewise MDTA may have underground utilities within SHA right of way.

(b) Multiple State Agency Ticket Notification: MDTA and SHA Circumstances within these conjoined right of ways may require the contractor to generate multiple agency tickets to multiple state agencies. The contractor will be required to send a ticket to MDTA for clearance of MDTA utilities and in addition the contractor shall send a new/or additional ticket to SHA for a utility clearance. After completing a ticket using MDTA as the agency affected, the Contractor is required to call in (or apply online) a new/additional Miss Utility ticket using the same locate information, but replacing Agency Controlling Right of Way from MDTA to SHA.

(1) The Maryland Transportation Authority (MDTA) owns and maintains underground utility electric conduit and fiber optic servicing various electronic message signs and overhead guide sign lighting structures located within SHA right of way. An example would be a Dynamic Message Sign structure located on SHA owned I-95 one mile distance approaching the ICC/MD200 interchange. This is also recognized as an MDTA/SHA conjoined area. The contractor shall generate a ticket to MDTA for utility Clarence and an additional ticket to SHA for a utility clearance.

(2) In order to ensure the proper locating and marking of these individual agency underground facilities within these conjoined right of way areas, the Contractor must submit a separate Miss Utility ticket locate request to SHA for a utilities locate clearance and a separate Miss Utility ticket locate request to the MDTA for a utility locate clearance.

831.03.09 The Maryland Transportation Authority (MDTA) owns and maintains underground utility conduit facilities and infrastructure in the state of Virginia and the state Delaware. The Contractor shall request a Miss Utility locate ticket clearance from the pertinent One Call Miss Utility Center for excavations outside of the state of Maryland and in addition a separate Miss Utility clearance locate ticket request shall be sent to MDTA.

831.03.10 Miss Utility /SHA requirements for sending a utility locate ticket to the Maryland State Highway Administration (SHA).

(a) Miss Utility will not send a utility locate ticket to the Maryland State Highway Administration (SHA) without an SHA permit number being included on the ticket request. This requirement has been established by SHA.

(b) SHA has assigned special permit numbers to the MDTA for MDTA to use in obtaining Miss Utility locate tickets. The contractor shall include the appropriate special MDTA assigned SHA permit number when requesting a ticket located for SHA.



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(c) The following list of special SHA permit numbers assigned to the MDTA MUST be included with the locate request when applying to Miss Utility for a SHA ticket locate request. These permit numbers are assigned per the respective SHA District Office and Maryland county. See 831.03.02. The special SHA permit number shall be used as the requested ‘MDTA Permit’.

Example for a ticket locate request in Cecil County to SHA District 2

SHA roadway MD 222 and the MDTA I-95 interchange are located in Cecil County. The SHA permit number to use for a Miss Utility SHA utility locate ticket in Cecil County would be “SHA-2-CE-0003-12”

List of special SHA permit numbers assigned to MDTA:

All SHA roadways in District 2 permit number

Cecil County permit number: SHA-2-CE-0003-17

Queens Anne County permit number: SHA-2-QA-0004-17


Montgomery County permit number: SHA-3-MO-0001-17

Prince George’s County permit number: SHA-3-PG-0002-17


Baltimore County permit number: SHA-4-BA-0003-17

Harford County permit number: SHA-4-HA-0004-17


Anne Arundel County permit number: SHA-5-AA-0003-17

Charles County permit number: SHA-5-CH-0004-17


Howard County permit number: SHA-7-HO-0003-17

For questions regarding all MDTA roadways and utility locates on MDTA right of way and SHA right of way, contact Bill Pross 410-537-7829.



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For questions regarding utility locates on SHA right of way, contact SHA Miss Utility 443-572-5264.

Information pertaining to Miss Utility Maryland Department of Transportation (MDOT) requirements and Maryland State law can be found at the Miss Utility web site. http://www.missutility.net/maryland/

831.04 MEASUREMENT AND PAYMENT:

This work will not be measured or paid separately, but shall be considered incidental to other work on the project. Any and all fees or costs charged by locating agencies, member utilities or contractors are also incidental to this bid item



REPAIRS FOR VARIOUS BRIDGES Contract No. FT-3005

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CATEGORY 800

SECTION 875 – UTILITIES STATEMENT

875.01 DESCRIPTION. This work shall consist of the Contractor’s attention and action to avoid construction conflicts with existing utilities. 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), and 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 MDTA assumes no responsibility for the accuracy of these locations.

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

the “Miss Utilities” 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 MDTA 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.

(d) On the Intercounty Connector (ICC) MD200 in both directions between mile markers 5.6 through 5.7 the Contractor shall not dig, excavate or drive any type of posts without first contacting Transcontinental Gas.




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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

Jody Williams 202-369-5470 First Response

Rick Miller 702-888-7568 Second Response

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

Primary : Office: 410-747-8590 Damages: 443-572-5264

1) Ray Edwards

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

2) Paul Runion

Office: 410-747-8590

Cell: 443-604-8158

Cell/Pager: 443-365-9826

SHA Lighting Les Towsend 410-321-2800 Pager: 410-307-2624 Nextel Direct; 164*75*1654

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

Contact State AOC (Advanced Operations Center)

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

MDTA Lighting and Utilities

John Lohmeyer Mike Rice Mike Rice Benjamin Gilmore

410-537-1101(O) 443-802-7539(C) 410-537-8041(O) 443-324-3470(C) 410-537-7513(O) 443-324-6660(C) 410-537-6807(O) 443-915-7789(C)

I-95 North of I-895/I-95 Tunnels split and Hatem Bridge and Tydings Bridge Baltimore Harbor Tunnel (I-895) and Fort McHenry (I-95) Tunnel Key Bridge (I-695) Nice Bridge (US 301)




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Richard Jaramillo Don Smith

410-295-8157(O) 443-271-7981(C) 410-537-6934(O) 443-829-5075(C)

Bay Bridges (US 50) Intercounty Connector (ICC /MD200)

Comcast Response Call Center

410-649-4944 410-536-0070

Damages: 877-359-1821

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 410-536-0070

Damages: 888-496-1588

Baltimore County Sanitary Bureau of Utilities

410-887-7415

Baltimore City Waste Water (Sanitary)

Utility Maint. Division

410-396-7870

Baltimore City Water Utility Maint. Division

410-396-7870

Baltimore City is responsible for both Baltimore City and County facilities as well as the 108in. Conowingo water transmission main residing within the I-95 corridor.

Pepco John Koroma

202-388-2632 301-210-0355

Damages: 202-833-7500

Washington Gas Theresa Curtis

703-750-5816

Transcontinental Gas 1-800-440-8475

Colombia Gas 1-800-853-7191

Washington Suburban Sanitary Commission

Marci Tucker

301-206-8577

Delmarva Power 1-800-898-8042 1-800-375-7117

Damages:800-778-9140

Harford County DPW 410-638-3285 Damages:410-612-1612

Cecil County DPW Wastewater 410-996-6260

Ann Arundel County DPW Bureau of Utilities

410-222-7500 Damages: 410-939-1800




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Utilities 410-880-5822 410-313-4940

Damages: 443-896-3941

Queens Anne’s County DPW

Water / Sewer 410-758-0920 410-643-3535

Charles County DPW Utilities and Water

301-609-7400 24 hours/7 days a week

Montgomery County DPW 301-258-6370 301-868-06803

Damages: 434-942-8192

Prince Georges Co. DPW 301-883-5600

City of Havre De Grace 41-939-2006

QWest 800-283-4237

City of Rockville 240-314-8577 Damages: 240-314-8567

MCI 800-289-3427

ATT Transmission 800-241-3624 Damages: 800-252-1133

FiberTech Networks 800-497-5578

Fibrlight/Sunbelt Telecom 727-596-1500 Damages;800-672-0181

Atlantic Broadband 302-856-9626 Damages: 410-490-5617

Maryland Dept. of Broadband

410-553-2605 Damages:410-553-2605

(d) Any 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.

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.


REPAIRS FOR VARIOUS BRIDGES SPECIAL PROVISIONS INSERT Contract No. FT-3005

175 02-09-17

1 of 6 CATEGORY 900

MATERIALS

SECTION 901 — AGGREGATES

655 DELETE: 901.01 - Tables 901 A, 901 B, 901 C, and 901 D in their entirety.


NSERT CONTRACT NO. FT-3005

TABLE 901 A 2 of 6

AGGREGATE GRADING REQUIREMENTS TEST METHOD T 27

SIEVE SIZE

” 2” 1-1/2” 1” 3/4” 1/2” 3/8” No. 4 No. 8 No. 10 No. 16 No. 30 No. 40 No. 50 No. 100 No. 200

m 50 mm 37.5 mm 25 mm 19 mm

12.5 mm

9.5 mm 4.75 mm

2.36 mm

2.0 mm 1.18 mm

600 µm 425 µm 300 µm 150 µm 75 µm

100 90–100 — 60–90 — — 30–60 — — — — — — 0–15

— — 90–100 — 60–100 — — — 35–90 — — 20–55 — — 5–25

100 95–100 — 70–92 — 50–70 35–55 — — — 12–25 — — — 0–8

— — — — — — — — c

— — 85–100 — 60–100 — — — 35–75 — — 20–50 — — 3–20

— 100 95–100 — 25–60 — 0–10 0–5 — — — — — — —

— — 100 90–100 — 20–55 0–10 0–5 — — — — — — —

— — — 100 90–100 40–70 0–15 0–5 — — — — — — —

— — — — — 100 95–100 — — 45–85 — — 5–30 0–10 —

— — 100 90–100 — 10–50 0–15 — — — — — — — —

— — — — — 100 85–100 — — 40–80 — — 10–35 5–25 —

SPECIAL PROVISIONS INSERT CONTRACT NO. FT-3005 901 AGGREGATES

177 02-09-17

3 of 6 (a) To establish target values for design. (b) Production tolerance. (c) ±2 for field grading (omitting T 11). (d) Fine aggregate includes natural or manufactured sand. (e) Crushed glass shall not contain more than one percent contaminants by weight. (f) Not to be used in the structural part of any Administration project. (g) Recycled asphalt pavement may be used as a component not to exceed 15 percent and is not

subject to aggregate physical property requirements in TABLE 901 B. (h) Recycled concrete is prohibited in drainage applications.



178 02-09-17

4 of 6 TABLE 901 B

AGGREGATE PHYSICAL PROPERTY REQUIREMENTS

(a) Other approved inert materials of similar characteristics may be used provided they meet these provisions. For crushed reclaimed concrete, the soundness loss shall not exceed 18 percent after magnesium sulfate testing as specified in T 104.

(b) Test coarse and fine aggregate for PCC for alkali silica reactivity (ASR) per MSMT 212. (c) 1.5 if material passing No. 200 sieve is dust of fracture, free of clay or shale. (d) In areas exposed to traffic, manufactured sand shall have a minimum ultimate Dynamic Friction Value (DFV) of 40, based on the parent rock. (e) 5.0 for concrete not subject to surface abrasion. (f) Fine aggregate meeting M 6 may be used if the lightweight concrete does not exceed the maximum unit weight specified in the Contract

Documents. (g) Fly ash shall not exceed 12 percent loss on ignition. (h) For use as a granular road base material. Not intended for use in locations where surfacing will not be placed over the base.

MATERIAL

TEST METHOD

SP E C I F I C A T I O N

T 90 T 11 T 96 T 104

PI

max

MATERIALFINER

THAN No. 200 SIEVE

% max

LOSANGELES ABRASION

% max

SODIUMSULFATE

SOUNDNESS

% max

CRUSHER RUN AGGREGATE CR-6 D 1241(a) 6 — 50 —

BANK RUN GRAVEL — SUBBASE

D 1241 6 — 50 —

GRADED AGGREGATE — BASE D 1241 6 — 50 —

BANK RUN GRAVEL — BASE D 1241 6 — 50 —

COARSE AGGREGATE — PCC (b) M 80 CLASS A

—

1.0(c)

50

12

FINE AGGREGATE — PCC (b)(d) M 6 CLASS B

—

4.0(e)

—

10

COARSE AGGREGATE — LIGHTWEIGHT PCC

M 195

—

—

—

—

FINE AGGREGATE — LIGHTWEIGHT PCC (f)

M 195

—

—

—

—

FINE AGGREGATE/SAND MORTAR and EPOXIES

M 45

—

—

—

10

MINERAL FILLER (g) M 17 4 — — —

GLASS CULLET (h) M 318 — — — —


179 02-09-17

TABLE 901 C 5 of 6 ASPHALT MIXES

AGGREGATE GRADING REQUIREMENTS, % PASSING FOR MIX DESIGN

TEST METHOD T 27

MATERIAL

SIEVE SIZE

3/4in. 1/2in. 3/8in. No. 4 No. 8 No. 16 No. 30 No. 50 No. 100 No. 200

19.0 mm 12.5 mm 9.5 mm 4.75 mm 2.36 mm 1.18 mm 600 µm 300 µm 150 µm 75 µm

GAP GRADED STONE MATRIX ASPHALT MIX - 9.5mm

100 100 75–90 30–50 20–30 — — — — 8–13

GAP GRADED STONE MATRIX ASPHALT MIX -12.5mm

100 90–99 70–85 28–40 18–30 — — — — 8–11

GAP GRADED STONE MATRIX ASPHALT MIX -19.0mm

100 82–88 60 max 22–30 14–20 — — — — 9–11

OPEN GRADED FRICTION COURSE – 9.5mm (a) — 100 85–100 20–40 5–10 — — — — 2–4

OPEN GRADED FRICTION COURSE – 12.5 mm (a) 100 85–100 55–75 15–25 5–10 — — — — 2–4

OPEN GRADED FRICTION COURSE – 12.5mm (b) 100 80–100 35–60 10–25 5–10 — — — — 1–4

SLURRY SEAL (SS) AND MICRO -SURFACING (MS)

TYPE II — — 100 90–100 65–90 45–70 30–50 18–30 10–21 5–15

TYPE III — — 100 70–95 45–70 28–50 19–34 12–25 7–18 5–15

CHIP SEAL SURFACE TREATMENT

7 100 90–100 40–70 0–15 0–5 — — — — —

8 — 100 85–100 10–30 0–10 0–5 — — — — (a) Less than Design Level 4 (ESAL) (b) Porous European Mix (PEM) – Design Level 4 (ESAL)


180 02-09-17

TABLE 901 D 6 of 6

AGGREGATE PHYSICAL PROPERTY REQUIREMENTS FOR ASPHALT MIXES

MATERIAL

S P E C I F I C A T I O N

TEST METHOD

T 11 T 96

T 104 D 4791

MSMT

216 T 279

MATERIALFINER THAN No. 200 SIEVE

% max

LOSANGELES ABRASION

(LA)

% max

SODIUMSULFATE

SOUNDNESS

% max

FLATand

ELONGATED (a)

% max

DYNAMIC FRICTION

VALUE (DFV) (b) (c)

min

BRITISH PENDULUM

NUMBER (BPN)

(c)

min

SURFACE COURSE 4.75mm, 9.5mm, 12.5mm, and 19.0mm

M323 — 45 12 10 25 —

SURFACE COURSE — HIGH DFV

4.75mm, 9.5mm, 12.5mm, and 19.0mm M323 — 45 12 10 40 (e) —

BASE COURSE

19.0mm, 25.0mm and 37.5mm M323 — 45 12 10 — —

GAP GRADED STONE MATRIX ASPHALT

9.5mm, 12.5mm, and 19.0mm M323 — 30 12 20/5 (g) 40 (e) —

OPEN GRADED FRICTION COURSE

9.5 mm, 12.5 mm, 12.5 mm PEM (h) MSMT 409 0.5 30 12 20/5 (g) 40 (e) —

SLURRY SEAL (SS) and MICRO-SURFACING (MS) — — — 12 — 40 (f) 30

CHIP SEAL SURFACE TREATMENT M 80, CLASS A 1.0 (d) 45 — — — —

(a) Testing for flat and elongated particles shall be conducted on the blended aggregates. Dimensional ratio of calipers shall be 5:1. (b) The minimum Dynamic Friction Value (DFV) shall be based on a single aggregate source or a blend of aggregates used. Determine proportions of blended aggregates using MSMT 416. (c) DFV and British Pendulum Number (BPN) determined on parent rock. Reclaimed asphalt pavement (RAP) shall have a DFV of 30.0. (d) 1.0 for samples taken at the point of production. Samples taken at any point after shipment shall have no more than 1.5 percent finer than 0.075 mm sieve. (e) Carbonate rock shall have a minimum of 25 percent insoluble residue retained on the 0.075 mm sieve. (f) No blending allowed. (g) Testing conducted on particles retained on the 4.75 mm sieve. . Dimensional ratio of calipers shall be 3:1/5:1. (h) Porous European Mix



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1 of 20

CATEGORY 900 MATERIALS

665 DELETE: SECTION 902 — PORTLAND CEMENT CONCRETE AND

RELATED PRODUCTS in its entirety. INSERT: The following.

SECTION 902 — PORTLAND CEMENT CONCRETE AND RELATED PRODUCTS 902.01 STORAGE. Storage of materials shall conform to the Contract Documents and as directed by the Engineer. 902.02 CERTIFICATION OF PORTLAND CEMENT AND BLENDED HYDRAULIC CEMENT. The manufacturer shall furnish certification as specified in TC-1.03. The certification shall also include: (a) The mill shall report its quality control procedures, and submit a new report whenever there

is a procedural change. (b) The mill's control laboratory shall be inspected by the Cement and Concrete Reference

Laboratory of the National Institute of Standards and Technology on their regularly scheduled visits. The Engineer shall be provided with copies of the reports of these inspections along with an account of the action taken to correct cited deficiencies.

(c) Records of data accumulated by the quality control procedures shall be produced upon

request. (d) A certified document shall accompany each shipment stating that the contents conform to

all applicable requirements. Additionally, the document shall show the producer's name, mill location, carrier number, date loaded, weight contained in carrier, silo number, consignee, destination, Contract number, and type of cement. The signature and title of the signer shall be shown on the document.

(e) The mill shall, upon request, supply certified chemical and physical test values that can be

associated with any sample representing cement drawn from a particular silo on a given date.

(f) Acceptance of cement by certification will be terminated if test results differ from mill

results by more than the precision limits given in the test method. The acceptance procedure will then revert to storage testing and approval prior to shipment.



182 02-09-17

2 of 20 902.03 HYDRAULIC CEMENT. 902.03.01 Portland Cement. M 85, with the fineness and the time of setting determined using T 153 and T 131, respectively. 902.03.02 Slag Cement. M 302, Grade 100 or 120. The Contractor may request to substitute up to a maximum of 50 percent of the weight of cement with slag cement. When slag cement is used, the minimum cement factor and water/cement ratio will be determined on the basis of the combined weight of the portland cement and slag cement. 902.04 BLENDED HYDRAULIC CEMENT. M 240 Type IP containing 15 to 25 percent Fly Ash by weight of cement or Type 1S containing 25 to 50 percent slag cement by weight of cement. Maximum loss on ignition is 3.0 percent. The requirement for a manufacturer’s written statement of the chemical composition is waived. 902.05 MASONRY CEMENT. C 91, except the water retention and staining tests are waived. 902.06 CONCRETE ADMIXTURES. Do not use concrete admixtures that contribute more than 200 ppm of chlorides based on the cement content when tested per MSMT 610. Use only prequalified admixtures. 902.06.01 Air Entraining Admixtures. M 154. 902.06.02 Chemical Admixtures. M 194, Type A, D, or nonchloride C. 902.06.03 High Range Water Reducing Admixtures. M 194, except that it shall be a liquid, the water content shall be a maximum of 85 percent of that of the control, and the durability factor shall be a minimum of 90. Use Type F for early strength, which shall produce a minimum compressive strength in 12 hours of 180 percent of that of the control. Use Type G when early strength is not specified. The manufacturer shall furnish certification as specified in TC-1.03. The certification shall include curves indicating the fluid ounces of admixture per 100 lb of cement as related to water reduction and strength gain for 12 hours when used with a minimum cement factor of 700 lb. 902.06.04 Pozzolans. When a pozzolan is used, determine the minimum cement factor and water/cement ratio on the basis of the combined weight cement and pozzolan. Do not use pozzolan and Blended Hydraulic Cement in the same mix. (a) Fly Ash. M 295, pozzolan Class C or F, except that the maximum permissible moisture

content shall be 1.0 percent, and when used in concrete Mix Nos. 3 and 6 the maximum loss on ignition 3.0 percent. Fly Ash may be substituted up to a maximum of 25 percent of the weight of cement.



183 02-09-17

3 of 20 (b) Microsilica. C 1240, except that the oversize requirement is waived. Microsilica may be

substituted up to a maximum of 7 percent of the weight of cement. 902.06.05 Corrosion Inhibitors. Corrosion inhibitors shall be calcium nitrite based and contain a minimum of 30 percent active ingredients by mass. The gallonage of corrosion inhibitor used in the concrete mixture shall be included as water when determining the water/cementitious materials ratio. 902.07 PORTLAND CEMENT CONCRETE CURING MATERIALS. Use burlap cloth, sheet materials, liquid membrane forming compounds, or cotton mats. 902.07.01 Burlap. M 182, Class 1, 2, or 3. 902.07.02 Sheet Materials. C 171 with the following exceptions: (a) White Opaque Burlap Polyethylene Sheeting. Tensile strength and elongation

requirements are waived. Use sheeting having a finished product weight of not less than 10 oz/yd2.

(b) White Opaque Polyethylene Backed Nonwoven Fabric. 902.07.02(a), with the

thickness requirement waived. Use material having a finished product weight of not less than 5 oz/yd2.

(c) White Opaque Polyethylene Film. Tensile strength and elongation requirements are

waived. 902.07.03 Liquid Membrane. C 309. Field control testing of the white pigmented curing compounds is on the basis of weight per gallon. The samples shall not deviate more than 0.3 lb/gal from the original source sample. 902.07.04 Cotton Mats. Cotton mats consist of a filling material of cotton bats or bats covered with unsized cloth and tufted or stitched to maintain the shape and stability of the unit under job conditions of handling. Use coverings of either cotton cloth, burlap or jute having the following properties: (a) Cotton cloth covering shall weigh not less than 6.0 oz./yd2 and have an average of not less

than 32 threads/in. of warp and not less than 28 threads/in. of filling. Use raw cotton, cotton comber waste, cotton card strip waste, or combinations thereof as the raw material used in the manufacture of the cotton cloth.



184 02-09-17

4 of 20 (b) Burlap or jute covering for cotton mats shall weigh not less than 6.4 oz/yd2 and shall have

not less than of 8 threads/in. of warp and not less than 8 threads/in. of filling. Use the grade known commercially as "firsts" and they shall be free from avoidable imperfections in manufacture and from defects or blemishes affecting the serviceability.

Use a cotton bat, or bats made of raw cotton, cotton waste, cotton linters, or combinations thereof, as the filling material for the mats. Mats shall weigh not less than 12 oz/yd2. 902.08 FORM RELEASE COMPOUNDS. Use form release compounds that effectively prevent the bond of the concrete to the forms. Form release compounds shall not cause discoloration of the concrete or adversely affect the quality or rate of hardening at the interface of the forms. The flash point of the form release compound shall not be less than 100 F when tested per D 93. 902.09 PARAFFIN WAX. Use clear paraffin wax for use as a bond breaker for concrete. The flash point shall not be less than 380 F when tested under D 92. 902.10 PORTLAND CEMENT CONCRETE. Section 915 and as specified herein. 902.10.01 Proportioning. Prior to the start of construction, submit to the AME the source and proportions of materials to be used for each concrete mix. The mixture shall meet 902.10.03. The concrete, with the exception of water and chemical admixtures, shall be proportioned by weight. Water and chemical admixtures may be proportioned by volume or weight. The mix shall be uniform and workable. 902.10.02 Materials.

Coarse Aggregate 901.01 Fine Aggregate 901.01 Cement 902.03 and 902.04 Concrete Admixtures 902.06 Synthetic Fibers 902.15 Water 921.01

902.10.03 Portland Cement Concrete Mixtures.



185 02-09-17

5 of 20 The concrete mixes shall conform to the following:

TABLE 902 A

PORTLAND CEMENT CONCRETE MIXTURES

MIX NO.

SPECIFIED

ACCEPTANCE COMPRESSIVE

STRENGTH psi

COMPRESSIVE STRENGTH

ACCEPTANCE TEST AGE

days

STD. DEV.

psi

CRITICALVALUE

psi

MIN CEMENTFACTOR

lb./yd3

COARSE AGGREGATE

SIZE

M 43 / M 195

MAX WATER/ CEMENT

RATIO

by wt.

SLUMP RANGE

in.

TOTALAIR

CONTENT

%

CONCRETE TEMP.

°F .

1 2500 28 375 2430 455 57, 67 0.55 2 - 5 5 - 8 50 - 95

2 3000 28 450 3010 530 57, 67 0.50 2 - 5 5 - 8 50 - 95

3 3500 28 525 3600 580 57, 67 0.50 2 - 5 5 - 8 50 - 95

4 3500 28 525 3600 615 57, 67 0.55 4 - 8 N/A 50 - 95

5 3500 28 525 3600 580 7 0.50 2 - 5 5 - 8 50 - 95

6 4500 28 675 4770 615 57, 67 0.45 2 - 5 5 - 8 50 - 80

7 4200 28 630 4420 580 57 0.50 1½ - 3 5 - 8 50 - 95

8 4000 28 600 4180 750 7 0.42 2 - 5 5 - 8 50 - 80

9 3000 (a) N/A N/A 800 57, 67 0.45 4 - 8 5 - 8 60 - 100

10 4500 28 675 4770 700 ¾” – No. 4 0.45 2 - 5 6 - 9 50 - 80

11 4200 28 630 4420 — 57, 67 0.45 2 - 5 5 - 8 50 - 80

12 4200 28 630 4420 — ¾” – No. 4 0.45 2 - 5 6 - 9 50 - 80

HE 3000 (b) N/A N/A N/A N/A N/A 3 - 9 5 - 8 60 - 100

PC (c)

N/A N/A

N/A N/A 450 7, 8 0.45 N/A 15 - 25 N/A

WT 2500 (d) NA NA 650 57 0.45 5 max 5 - 8 50 - 95 Note 1: When concrete is exposed to water exceeding 15,000 ppm sodium chloride content, Type II cement shall be used. In

lieu of Type II cement, a Type I cement may be used in combined form with an amount of up to 50 percent replacement with slag cement, or an amount of up to 25 percent replacement with Class F fly ash. The Contractor shall submit to the Engineer the proposed mix proportions and satisfactory test results per C 1012 showing a sulfate resistance expansion not exceeding 0.10 percent at 180 days

Note 2: The temperature of Mix No. 6 when used for other than superstructure work as defined in TC-1.03 shall be 50 - 95 F. Note 3: Type A or D admixture shall be added to bridge, box culvert, and retaining wall concrete. Note 4: Nonchloride Type C admixtures may be used when approved by the Engineer. Note 5: Other Slump Requirements:

When a high range water reducing admixture Type F or Type G is specified, the slump shall be 4 to 8 in. When synthetic fibers are specified, the slump shall be 5 in. maximum. When concrete is to be placed by the slip form method, the slump shall be 2-1/2 in. maximum. When the absorption of the coarse aggregate is greater than 10 percent, the slump shall be 3 in. maximum.

Note 6: Mix 9 shall contain a Type F high range water reducing admixture. Note 7: Mix 10 and 12 shall be proportioned as specified in 211.2 of the ACI’s Recommended Practices for Selection

Proportions for. Structural Lightweight Concrete. The maximum average Density of Cured Concrete shall be 118 lb/ft3. Control testing for Density of Cured Concrete shall be two companion cylinders for each 100 yd3, or fraction thereof, as specified in M 195.



186 02-09-17

6 of 20 Note 8: Mix 11 and 12 shall also conform to all requirements as specified in Table 902 C. Note 9: Add Polyolefin Macro Fibers to Mix No. 8, Mix No. 9 and High Early Strength Patch Mix (HE). The dosage rate shall be per the manufacturer’s recommendations.

(a) Mix 9 is for concrete pavement repair only. Match cure of the samples is permissible in accordance with AASHTO PP 54. Strength tests shall be scheduled accordingly on weekdays and acceptance will be based on a minimum compressive strength of 3000 psi in 24 hours or 3600 psi in 3 days. Acceptance testing shall conform to 902.10.08 except that cylinders shall be field cured and remain in the molds until tests are conducted. Mix 9 when specified for incidental work and not requiring traffic control in conformance with 522.03.15 will not require the addition of fibers.

(b) Match cure the samples in accordance with AASHTO PP 54. Design approval will be given based on trial batch obtaining a minimum compressive strength of 2500 psi in 6 hours. Strength tests shall be scheduled accordingly on weekdays and acceptance will be based on a minimum compressive strength of 3000 psi in 24 hours or 3600 psi in 3 days. Acceptance testing shall conform to 902.10.08 except that cylinders shall be field cured and remain in the molds until tests are conducted.

(c) Pervious Concrete (PC) shall be proportioned as specified in 522R of the ACI’s Recommended Practices for Pervious Concrete Mixture Proportions. Acceptance of freshly mixed Pervious Concrete shall be made based on Density and Total Void Content. Density and Total Air Voids of Freshly Mixed Pervious Concrete shall be performed per C 1688

(d) Whitetopping (WT) mix shall contain a high range water reducing admixture, macro-fibers at 3 lbs/yd3 Max, and acceptance will be on a minimum compressive strength of 2500 psi in 24 hours.

Preventive Measures for Aggregate Alkali-Silica Reactivity (ASR). All aggregate, both coarse and fine, intended for use in concrete shall be tested for ASR in accordance with C 1260. Testing shall be performed by an accredited laboratory. Coarse and fine aggregate from the same source shall be tested separately. Testing shall be performed once every 3 years.

The following limitations apply for C 1260 results:

EXPANSION @ 14 DAYS CLASS AND REACTIVITY STATUS

MITIGATION NOTE

≤ 0.10% R0- Innocuous No mitigation required >0.10 but ≤0.20% R1- Potentially Reactive Mitigation Required* >0.20 but ≤0.30% R2- Reactive Mitigation Required*

>0.30% Highly Reactive Shall not be used in PCC

*See Table 902 B for the minimum Supplementary Cementitious Material (SCM) replacement levels for ASR mitigation

Optional C 1293 Concrete Prism Testing. Testing in accordance with C 1293 is non-mandatory but recommended. The test may be used to verify the ASR class status of aggregate having C 1260 result greater than 0.10 percent expansion. If C 1293 testing is not performed, then compliance is assessed based entirely on the C 1260 result.

The requirements for compliance when using C 1293 are as follows; (a) Test frequency is once every 3 years.



187 02-09-17

7 of 20 (b) The Administration will not perform this test. Testing must be performed by an

accredited laboratory.

(c) Coarse and Fine aggregate from the same source shall be tested separately (d) Each sample shall be split and tested in accordance with both C 1260 and C 1293.

This is required to provide comparable data for future reference. Scheduling of the testing is at the producer’s discretion, but both results must be submitted together for approval review.

(e) The C 1293 result will supersede the C1260 result for compliance status.

The following limitations apply for C 1293 results:

EXPANSION AT 1 YEAR CLASS AND REACTIVITY STATUS

MITIGATION NOTE

≤ 0.04% R0- Innocuous No mitigation required >0.04 but ≤0.12% R1- Potentially Reactive Mitigation Required* >0.12 but ≤0.24% R2- Reactive Mitigation Required*. No

structural use allowed.>0.24% Highly Reactive May not be used in PCC

*See Table 902 B for the minimum Supplementary Cementitious Material (SCM) replacement levels for ASR mitigation

TABLE 902 B

MINIMUM MITIGATION REQUIREMENTS

SCM Type

Low Alkali Cement (≤0.7% Na20

equiv.) R1

Normal Alkali Cement

(≤1.0% Na20 equiv.)

R1

Low Alkali Cement (≤0.7% Na20 equiv.)

R2

Normal Alkali Cement

(≤1.0% Na20 equiv.)

R2Class F Fly Ash 20% 25% 25% 25% Slag (GGBFS) 35% 50% 50% 50% Ternary Blends Approval Required Approval Required Approval Required Approval Required

Ternary blends using two SCM’s will require C 1567 testing by an accredited laboratory. The

expansion test results shall not be greater than 0.10 percent to be considered acceptable. Changes to the SCM blend percentages will require retesting.



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TABLE 902 C

MIX PHYSICAL PROPERTIES

TEST PROPERTY TEST METHOD

SPECIFICATION LIMITS

Minimum Cementitious Materials Factor, lb./yd.3 — 580

Maximum Content of Portland Cement, lb./yd.3 — 550

Water/Cementitious Materials Ratio by Wt. — 0.45

Corrosion Inhibitor, gal/yd3 902.06.05 2.0

Synthetic Fibers, lb./yd3 902.15 1.5

Permeability of Field Concrete, moving average of three tests, coulombs max

T 277

2500

Permeability of Field Concrete, individual test, coulombs max

T 277

3000

Shrinkage at 28 days, microstrains C 157 400

Note 1: Only Type I or II Portland cement shall be used.

Note 2: Mixes shall contain slag cement, fly ash or microsilica.

Note 3: The water to cement ratio shall be based upon the total water to cementitious materials ratio. The gallonage of the corrosion inhibitor shall be included in the water/cementitious materials ratio.

Note 4: The permeability test value of field concrete shall be the average of two test specimens representing production concrete. Test specimens shall be molded on the project site in 4 x 8 in. molds conforming to M 205. Test specimens shall be handled in accordance with T 277 - Accelerated Moist Curing. Test for the geometry of test specimens will be waived.

Note 5: Shrinkage tests will be performed on trial mixes only.

Note 6: High range water reducing admixture may be used except the water reducing requirements will be waived.

Note 7: A sealer conforming to 902.12 shall be used on the finished surface.

902.10.04 Trial Batch. A trial batch shall be prepared to certify that each mix meets 902.10.05 and 902.10.06 except for mix 9. Approval will be given when the test results meets the minimum required average strength. Mix 9 design approval will be given based on trial batch obtaining a minimum compressive strength of 2500 psi in 12 hours. Make arrangements with the AME at least two weeks in advance, to have an authorized representative present during the batching and testing. Each trial batch shall consist of at least 3 yd3 of concrete. Laboratory testing in lieu of plant trial batches may be conducted when approved by the AME. Supply all equipment, and labor required to produce the trial batches and conduct the required tests at no additional cost to the Authority.



189 02-09-17

9 of 20 The AME may waive the requirement for a trial batch when past performance records show that the required average strength requirement has been met. 902.10.05 Design Required Average Strength.

Specified compressive strength,

fc´, psi

Required average compressive

strength, fcr´, psi

fc´ ≤ 5000

Use the larger value computed from Eq. (A-1) and (A-2)

fcr´ = fc´ + 1.34s (A-1) fcr´ = fc´ + 2.33s – 500 (A-2)

Over 5000

Use the larger value computed from Eq. (A-1) and (A-3)

fcr´ = fc´ + 1.34s (A-1) fcr´ = 0.90 fc´ + 2.33s (A-3)

where:

fc´ = the 28 day specified compressive strength. s = the standard deviation as specified in 902.10.06.

A test is defined as the average strength of two companion cylinders.

902.10.06 Standard Deviation. (a) When past performance records are available, a standard deviation will be established from

documented performance records of the producer consisting of a minimum of 15 consecutive 28 day compressive strength tests obtained within the last 12 months.

The standard deviation will be established as the product of the calculated standard deviation and multiplier.



190 02-09-17

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NUMBER OF

TESTS

MULTIPLIER FOR

STANDARD DEVIATION

15 1.16

20 1.08

25 1.03

30 or more 1.00

Interpolate for intermediate number of tests.

(b) When past performance records are not available, the required average strength shall meet

to the following:

Specified compressive strength,

fc´, psi

Required average compressive

strength, fcr´, psi

fc´ < 3000 fcr´ = fc´ + 1000

3000 ≤ fc´ ≤ 5000 fcr´ = fc´ + 1200

fc´ > 5000 fcr´ = 1.10 fc´ + 700

902.10.07 Standard of Control. The average of all sets of three consecutive strength tests shall equal or exceed the critical value as specified in 902.10.03 which shall be computed using the following formula: Critical Value = fc' + (1.14 X S) – 500 Failure to conform to this criterion shall be cause for immediate investigation and remedial action up to and including suspension of production. A design standard deviation equal to 15 percent of the specified strength shall be used for calculation until a minimum of 15 test results are obtained. The actual average strength and standard deviation shall be computed upon the availability of 28 day strength data comprising a minimum of 15 tests. Should this determination indicate an excessive margin of safety, the concrete mix may be modified to produce lower average strength as approved by the Engineer. If these calculations indicate a coefficient of variation greater than 15, the quality of the concrete and testing will be evaluated.



191 02-09-17

11 of 20 902.10.08 Testing. Sampling per R 60. Testing as follows:

TEST METHOD MINIMUM TEST

FREQUENCY RESPONSIBILITY

Temperature (e) T 309 1 per 50 yd3

(or fraction thereof) Project Engineer

Slump (a)(e) T 119 1 per 50 yd3


Air Content (a)(e) T 152 T 196

1 per 50 yd3 (or fraction thereof)

Project Engineer

Compression (b)(c)(d) T 23 1 per 50 yd3


Compression (b)(c)(d) Mix No. 7 Only

T 23 3 per Day Project Engineer

(a) A second test will be made when the first slump or air content test fails. Acceptance or

rejection will be based on the results of the second test. (b) Compressive strength tests are defined as the average of two companion cylinders. (c) The Contractor shall be responsible for the making of all early break cylinders and furnishing the molds,

stripping, curing/delivery of all cylinders, including 28 day cylinders, to the testing laboratory. (d) The Project Engineer will be responsible for making, numbering and signing the 28 day cylinders. (e) When constructing plain and reinforced concrete pavements, the testing frequency for slump, air content,

and temperature shall be 1 per 100 yd3 or fraction thereof.

902.10.09 Acceptance. Concrete will be acceptable if both of the following requirements are met: (a) The average of all sets of three consecutive strength tests equal or exceed the specified

design strength. (b) No individual strength test (average of two companion cylinders) falls below the specified

design strength by more than 500 psi. 902.10.10 Price Adjustment. A price adjustment will be based on the Contract unit price per cubic yard of concrete. If the unit is a lump sum item, the price per cubic yard for the concrete will be determined by dividing the cubic yards into the Contract lump sum price. (a) Test Results More Than 500 psi Below the Specified Design Strength. Failing strength

tests will be considered individually with a price adjustment being applied on the percentage basis as shown below.

(Price per yd3) X (quantity of yd3 represented by the failing concrete strength) X (percent of failure).



192 02-09-17

12 of 20

Example: $400.00 per yd3 X 50 yd3 X [1-(3600/ 4500 psi)] = $4,000.00

No payment will be allowed when the test results fall below 50 percent of the specified design strength for structural concrete or 40 percent for incidental concrete. The Engineer will determine when the strength of the concrete represented by the failing tests is sufficient to remain in place or whether it must be removed and replaced with Specification concrete.

(b) Test Results 500 psi or Less than the Specified Design Strength. Strength failures 500 psi or less than the specified design strength will be averaged with the next two consecutive tests. If those two tests include a failure greater than 500 psi, those tests will be evaluated as in 902.10.10(a) and replaced with the next consecutive test. If the resulting average falls below the specified design strength, a price adjustment will be applied as specified in the table below. Any failure will only be included in one grouping.

STRENGTH BELOW THE SPECIFIED (avg. of 3 tests)

DESIGN LEVEL, psi ADJUSTMENT FACTOR

MIX NO. 1 THRU MIX NO. 12

EXCLUDING MIX 9

1 – 100 0.005

101 – 200 0.01

201 – 300 0.02

301 – 400 0.04

401 – 500 0.08

Adjustment price equals (price per yd3) X (quantity of yd3 represented by the failing cylinders) X (the adjustment factor).

Example:

$400.00 per yd3 X 50 yd3 X 0.01 = $200.00

902.11 MORTAR FOR GROUT. Mortar used for grouting anchor bolts, pipe, handrail posts, and miscellaneous items shall be composed in accordance with one of the following: (a) One part Portland cement or blended hydraulic cement and one part mortar sand by dry

loose volume.



193 02-09-17

13 of 20 (b) Prepared bag mixes consisting of Portland cement or blended hydraulic cement and mortar

sand. The prepared mixes shall produce a mortar meeting the strength requirements specified in the Contract Documents.

(c) Use nonshrink grout when specified. The grout shall have a minimum compressive

strength of 5000 psi in seven days when tested as specified per T 106, except that the cube molds shall remain intact with a top firmly attached throughout the curing period. The nonshrink grout shall have a minimum expansion of 0.0 percent after seven days when tested as specified per T 160.

(d) Epoxy grout shall consist of sand and epoxy mixed by volume in per the manufacturer's recommendations. The grout shall be capable of developing a minimum compressive strength of 6500 psi in 72 hours when tested per MSMT 501. Sand for epoxy grout as specified in 901.01.

(e) An epoxy or polyester anchoring system may be used when approved by the Engineer in

accordance with the manufacturer's recommendations. Strength values shall be as specified in the Contract Documents.

902.12 LINSEED OIL. Shall consist of a 50-50 mixture (by volume) of boiled linseed oil meeting Federal Specification TT-L-190 and kerosene per D 3699. 902.13 LATEX MODIFIED CONCRETE. Portland cement concrete containing prequalified Laboratory approved styrene butadiene latex emulsion is defined as Latex Modified Concrete (LMC). Latex emulsion shall have a minimum of 90 percent of the nonvolatiles as styrene butadiene polymers. The latex emulsion as specified in Table 902.13 A. The material shall be stored in suitable containers and be protected from freezing and exposure to temperatures in excess of 85 F. LMC shall be proportioned using volumetric mixing and designed as follows:

LATEX MODIFIED CONCRETE MATERIAL SPECIFICATION

LIMITS

Portland Cement, CWT/yd3, min

6.6

Latex Emulsion/Cement Ratio 0.31 – 0.34

Water/Cement Ratio, max 0.22

Entrained Air, % 6.0 3

Slump, in. 5 1



194 02-09-17

14 of 20 The physical properties of LMC shall conform to Table 902.13 B. The Contractor shall furnish the necessary 3 X 6 in. molds per M 205 to be used for the fabrication of compressive strength cylinders. Control and Acceptance Sampling. (a) Submit a two quart minimum sample, of the styrene butadiene latex emulsion to the AME

daily for each lot of material used in a day's production.

(b) A batch for LMC is defined as the capacity of the equipment being used on the project. Slump and air samples will be taken and tested before the placement of a batch is permitted. The slump shall be measured four to five minutes after discharge from the mixer. The test material shall be deposited off the deck and not be disturbed during this waiting period. One additional sample for slump and air will be taken randomly during the placement of each batch. For seven day compressive strength, two tests each per batch are required. A test is defined as consisting of two companion cylinders. The samples for these tests will be taken at random while the placement is in progress.



195 02-09-17

15 of 20

TABLE 902.13 A

REQUIREMENTS FOR CHEMICAL PROPERTIES OF LATEX EMULSION MATERIALS

PROPERTY

SPECIFICATIONS QUALITY ASSURANCE TESTS

LIMITS TOLERANCE PREQUALIFICATIONTESTS

CONTROL AND

ACCEPTANCE

Color White — X X

pH 9.0 – 11.0 — X X

Weight, lb./gal 8.40 – 8.47 — X X

Solids Content, % 46 – 53 — X X

*Butadiene Content, % of polymer

30 – 40

—

—

—

Viscosity @ 10 rpm-cps

Match Original

20

X

X

*Surface Tension, dynes/cm max

50

—

—

—

*Mean Particle Size, polymer – Å

1400 – 2500

—

—

—

Coagulum, % max 0.10 — X X

*Freeze-Thaw Stability, coagulum, % max

0.10

—

X

X

Infrared Spectra of Latex Film

Match Original

—

X

X

Infrared of Alcohol, Soluble Portion of Latex

Match Original

—

X

X

Shelf Life, min 1 yr. — X —

Note 1: Quality assurance tests shall be conducted as specified in MSMT 612 except those denoted by an * shall be conducted as specified in FHWA RD – 78-35.

Note 2: The original or prequalification sample shall be accompanied by the producer's certification on all of the tests and properties noted above and as specified in TC-1.03. The certification shall contain actual test values of the product and the infrared spectrograph.

Note 3: A separate certification is required for each lot of material. The certification shall note the date of manufacture, lot size, and whether or not the material is identical to the formulation of the original sample.



196 06-02-15

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TABLE 902.13 B

LATEX MODIFIED CONCRETE PHYSICAL PROPERTIES

TEST PROPERTY

TEST

VALUES

QUALITY ASSURANCE TESTS

PREQUALIFIEDTESTS

CONTROL AND ACCEPTANCE

7 Day Compressive Strength, psi min

3000

X

X


3500

X

—


3500

X

—

7 Day Flexural Strength, psi min

550

X

—

28 Day Flexural Strength, psi min

650

X

—

42 Day Shear Bond Strength, psi min

2000

X

—

Durability Factor, 300 cycles, % min

85

X

—

Chloride Permeability, Ppm max

510

X

—

Scaling Resistance, 50 cycles, max

3

X

—

Note 1: Quality assurance tests shall be conducted as specified in MSMT 721.

Note 2: Seven Day Compressive Strength Test will be used for Control & Acceptance of the material. The minimum specified design strength is 3000 psi at seven days. The mix design approval and acceptance will be based on a coefficient of variation of 10 percent with a probability of 1 in 10 tests falling below the specified strength. Only test values 80% or greater than the specified strength will be accepted

902.14 RAPID HARDENING CEMENTITIOUS MATERIALS FOR CONCRETE PAVEMENT REPAIRS. Materials shall be a dry, packaged cementitious mortar having less than 5 percent by weight of aggregate retained on the 3/8 in. sieve and meet the following requirements: Classification.

Class I — For use at ambient temperatures below 50 F.

Class II — For use at ambient temperatures of 50 to 90 F.

Class III — For use at ambient temperatures above 90 F.

Chemical Requirements. C 928 except that no organic compounds such as epoxy resins or polyesters as the principal binder.



197 06-02-15

17 of 20 Physical Requirements. Meet the following when tested per MSMT 725:

COMPRESSIVE STRENGTH, psi min

CLASSIFICATION < 2 hr. 2-6 hr. 6 hr. 28 days

Type I — Slow — — 2000 4500

Type II — Rapid — 2000 — 4500

Type III — Very Rapid 2500 — — 4500

TEST RESULTS

TEST PROPERTY LIMITS

Bond Strength, 7 days, psi min 2000

Length Change, increase after 28 days in water, based on length at 3 hr., % max

+ 0.15

Length Change, decrease after 28 days, % max - 0.15

Freeze Thaw, loss after 25 cycles in 10% CaCl2 solution, % max

8

Initial Setting Time, minutes min 10

Marking. All packages delivered to the project shall be marked with the following information: (a) Date material was packaged. (b) Approximate setting time. (c) Recommended dosage of water or liquid component. (d) Mixing instructions. (e) Class or temperature range. Certification. The manufacturer shall furnish certification as specified in TC-1.03 showing the actual test results for each class and type of material submitted to the Laboratory. 902.15 SYNTHETIC FIBERS. When synthetic fibers are specified in the Contract Documents, the fibers shall be 1/2 to 1-1/2 in. long and conform to C 1116, Type III. The manufacturer shall furnish certification as specified in TC-1.03. The quantity of fibers used and their point of introduction into the mix shall conform to the fiber manufacturer's recommendations. 902.15.01 Macro Polyolefin Fibers. D 7508 with a minimum length of 1-1/2 in.



198 06-02-15

18 of 20 902.16 CONTROLLED LOW STRENGTH MATERIAL. 902.16.01 Usage. Controlled Low Strength Material (CLSM) shall consist of the types described below:

Type A – Used where future excavation of the CLSM may be necessary (e.g. utility trenches, pipe trenches, bridge abutments, and around box culverts). Type B – Used where future excavation of the CLSM is not anticipated (e.g. filling abandoned conduits, pipes, tunnels, mines, etc. and replacing unsuitable soils below roadway and structure foundations where extra strength is required).

902.16.02 Materials.

Coarse Aggregate 901.01* Fine Aggregate 901.01 Cement 902.03 and 902.04 Concrete Admixtures 902.06 Fly Ash 902.06.04 Water 921.01

*maximum size of 3/4 in. Produce CLSM in conformance with the applicable portions of Section 915 and the following: 902.16.03 Proportioning. Submit the sources and proportions of materials, and certified test data as specified in TC-1.03 for each CLSM mixture prior to construction. CLSM shall be proportioned, on the basis of field experience and/or laboratory trial mixtures, to produce a flowable and self-compacting mixture meeting the requirements of 902.16.04. CLSM shall be proportioned by weight; with the exception of water and chemical admixtures. Water and chemical admixtures may be proportioned by volume or weight. 902.16.04 CLSM Mixtures. Proportion CLSM with sufficient amounts of Portland cement, fly ash, or slag cement; individually or in combination, to produce a cohesive, non-segregating mixture that conforms to the physical properties in the following table:

CLSM Mix

28 Day Compressive Strength, (psi)

D 4832

Flow Consistency, (in.)

D 6103

Type A 50 - 200 8 min.

Type B 500 min. 8 min.



199 06-02-15

19 of 20 902.17 SELF CONSOLIDATING CONCRETE (SCC). The SCC mixture must meet the following requirements.

SELF-CONSOLIDATING CONCRETE PROPERTIES PRESTRESS BEAMS PRECAST

Compressive Strength C1758 / T 23

As per Contract Documents As per Contract Documents

Min. Cement Factor lbs./yd3 700 615 W/C ratio .32 -.45 .32-.50

Total Air Content 5.5 +/- 1.5 6.5 +/- 1.5 Concrete Temperature F 65 +/- 15 70 +/- 20

Slump Flow C 1611 22 – 28 in. 22 – 28 in. Visual Stability Index (VSI) 0 to 1 0 to 1

T20(T50) 2 – 10 sec. 2 – 10 sec. J-Ring C 1621 +/- 2 in. design slump flow +/- 2 in. design slump flow

Column Segregation C 1610 12 % maximum - Rapid Chloride Permeability

Coulombs maximum

2500 -

Freeze Thaw C 666 Minimum durability factor 80 - Shrinkage at 28 Days C 157 400 -

Note 1: Column Segregation (C 1610), Rapid Chloride Permeability (T 277), Freeze Thaw (C 666), and Shrinkage at

28 Days (C 157) are required only at time of trial batch for mix approval or any time there is a change in materials.

Note 2: Report water/cement ratio, aggregate moistures and cement temperature on each batch ticket.Note 3: Mold a minimum of one set of Compressive Strength Test Cylinders for each trial batch and for each day’s production or each 50 CY lot. Take the temperature of the mix once for each day’s production or each 50 CY lot. Slump Flow, T20 and VSI testing shall be performed at trial batch and at the beginning of each day’s production or each 50CY lot. Conduct J-Ring testing during each trial batch or on the next batch following a failure of either the spread or VSI test.

Note 4: For ASR Mitigation see 902.10.03 - Preventive Measures for Aggregate Alkali-Silica Reactivity Note 5: High Range Water Reducing admixtures must be Type F or Type G and meet M 194. Note 6: Viscosity modifying admixtures may be used only with prior approval by the Administration.



200 06-02-15

20 of 20 902.18 CONCRETE STAIN.

The material shall conform to the following requirements:

TEST PROPERTY

TEST METHOD

SPECIFICATION LIMITS

Accelerated Weathering G7 Passing results

Mildew Resistance/fungus growth Fed. Test Method

STD.141, Method 6271 Resistance

Weatherometer, 1000 hours minimum ASTM G26

No crazing, cracking, chipping, or flaking. Light chalk and color change. No

other deterioration.

Total Non Volatile Vehicle, % D2369 Mfr. Stated Value +/- 2%

Viscosity, Krebs Units, 77 deg. F D562 Mfr. Stated value +/- 10 KU

Drying time ( to touch) D1640 1 hour minimum

Recoat dry time D1640 Able to recoat within 24

hours

Infrared Spectrogram D2621 n/a

Color Fed. Std. 595 As specified in contract

documents

Weight/gallon, lb.gal D1475 Mfr. State value +/- 0.3

lb./gal

Shelf life 6 months minimum

Material more than six months old shall be retested. Material must be VOC compliant for

Maryland.



201 04-14-17

1 of 2 CATEGORY 900

MATERIALS SECTION 908 — REINFORCEMENT STEEL

703 DELETE: SECTION 908 — REINFORCEMENT STEEL in its entirety. INSERT: The following.

SECTION 908 — REINFORCING STEEL

908.01 DEFORMED REINFORCEMENT. A615, Grade 60 or A 706, Grade 60. Use A706 Grade 60 when welding of the reinforcement is required. Deformed bars shall be epoxy powder coated per 917.02 when specified. 908.02 PLAIN REINFORCEMENT A615, Grade 60. Bars used as ties in Portland cement concrete pavement expansion and contraction joints shall be plain round steel bars unless otherwise specified. Bars shall be epoxy powder coated per 917.02. Bars used for traverse joints shall not exceed the maximum pullout strength per M254. 908.03 STAINLESS STEEL BARS. A276, Type SM-29. Stainless steel bars may be used in lieu of epoxy powder coated plain bars. Deformed stainless steel bars shall meet A615 for cross sectional area and deformations. 908.04 SLEEVES FOR DOWEL BARS IN PAVEMENT EXPANSION JOINTS. Sleeves for dowel bars shall be sheet metal and capable of fitting over 2 ± 1/4 in. of the bar. Sleeves shall have a closed end with a stop to hold the end of the sleeve a minimum distance of 1 in. from the end of the dowel bar. 908.05 WELDED STEEL WIRE REINFORCEMENT, PLAIN. A185. Reinforcement shall be furnished in flat sheets. 908.06 WELDED STEEL WIRE REINFORCEMENT, DEFORMED. A497. 908.07 WELDED DEFORMED STEEL BAR MATS. A184. 908.08 STEEL WELDED WIRE REINFORCEMENT FOR PNEUMATICALLY APPLIED MORTAR AND CONCRETE ENCASEMENT. A185, galvanized per A123. The reinforcement shall be fabricated from size W1.4 wire on 3 in. centers in each direction or from W0.9 wire on 2 in. centers in each direction. 908.09 COLD DRAWN STEEL WIRE. M32 for concrete reinforcement.



202 04-14-17

2 of 2 908.10 TIE DEVICES FOR CONCRETE PAVEMENT. Tie device sizes shall be as specified and made from deformed bar meeting 908.01 with a threaded connection. Tie devices shall have a minimum tensile strength of 48000 psi. 908.11 STEEL STRAND. M203, Grade 70, Low Relaxation Strand. 908.12 CERTIFICATION. TC1.03. The steel manufacturer shall furnish certification for each heat of steel supplied.



203 02-09-17

1 of 1 CATEGORY 900

MATERIALS

SECTION 911 — JOINTS

911.01 JOINT SEALER AND CRACK FILLER.

708 INSERT: The following. 911.01.02 Asphalt Repair Mastic. Asphalt repair mastic shall be composed of quality-selected asphalt and/or resins, select aggregates with structural integrity, synthetic rubber polymers, antioxidants, naturally occurring and man-made reinforcing material, and other modifiers. The aggregate and polymer modified binder shall be pre-measured and packaged in a plastic bag, but shall not be pre-mixed. Asphalt repair mastic shall meet the following.

MATERIAL PHYSICAL

PROPERTIES TEST LIMITS

Asphalt Repair Mastic

Shelf Life - 2 years

Pot Life - 12 hours maximum

VOC, g/l - 0

Asphalt Binder

Cone Penetration, 77°F (25°C)

D 5329 60 Maximum

Cone Penetration, 122°F (50°C)

D 5329 120 Maximum

Softening Point (R&B) D 36 195°F (93°C) Minimum

Aggregate Aggregate, Factory

Blended in Compound D5444

100% Passing 5/8 in. 8% Passing #200 Maximum

Mix Design

Tensile Adhesion, psi (kPa)

D 5329 Modified1

15 psi (83 kPa) Minimum, 0.5 in. (12 mm) Minimum

Elongation

Impact Testing, 5/8 in. dart, 2 in. (50 mm)

Diameter. 1 in. (25 mm) Thick Specimen

D 2794 No Cracking, Chipping or

Separation at 6 ft-lb, at 20 F

Flexibility D 5239

Modified2 No Cracking or Loss of

Aggregate Adhesion Notes: 1. The specimen for the tensile adhesion is 3 in. long x 2 in. wide x 1.5 in. thick. 2. The specimen is 6 x 4 in. at 20 mm thickness. The test is run at 77 F and bent over a 1 in. mandrel to 180 F over 10 seconds.



204 02-07-11

1 of 1 CATEGORY 900

MATERIALS

SECTION 914 — CHAIN LINK FENCE 725 DELETE: 914.03 POSTS, BRACES, FITTINGS, AND HARDWARE in its entirety.

INSERT: The following. 914.03 POSTS, BRACES, FITTINGS, AND HARDWARE. M 181. When PVC coating is specified, PVC shall be thermally fused and bonded. The PVC thickness shall be 10 to 15 mil except that bolts, nuts, and washers shall be metallic coated steel. Polyester powder coating material for galvanized metal meeting 465.03.02(b) may be used in lieu of PVC. Round posts shall meet industry standards for Class 1 or 2.



205 02-07-11

1 of 1 CATEGORY 900

MATERIALS

SECTION 918 — TRAFFIC BARRIERS

747 DELETE: 918.01 TRAFFIC BARRIER W BEAM in its entirety. INSERT: The following. 918.01 TRAFFIC BARRIER W BEAM/THRIE-BEAM. M 180, Type II for rail elements and end treatments. Coat galvanized rail and end treatment elements designated for fusion bonded polyester powder coating in accordance with 465. Galvanized rail and end treatments to be fusion bonded powder coated shall be fabricated and have holes punched prior to being hot dipped galvanized. DELETE: 918.02 TRAFFIC BARRIER POSTS in its entirety. INSERT: The following. 918.02 TRAFFIC BARRIER POSTS. A36 for steel and M 111 for galvanized coating. Coat galvanized post elements designated for fusion bonded polyester powder coating in accordance with Section 465. Galvanized posts to be fusion bonded powder coated shall be fabricated and have holes punched prior to being hot dipped galvanized.



206 08-02-12

1 of 2


SECTION 950 – TRAFFIC MATERIALS

SECTION 950.03 - REFLECTORIZATION OF SIGNS AND CHANNELIZING DEVICES


SECTION 950 — TRAFFIC MATERIALS

792 DELETE: 950.03 REFLECTORIZATION OF SIGNS AND CHANNELIZING DEVICES

in its entirety. INSERT: The following.

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



207 08-02-12

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. .



208 02-09-17

1 of 2 CATEGORY 900

MATERIALS

SECTION 951 — PAVEMENT MARKING MATERIALS

SECTION 951.06 - PREFORMED THERMOPLASTIC PAVEMENT MARKINGS 951.06 PREFORMED THERMOPLASTIC PAVEMENT MARKINGS. The material shall be highly durable retroreflective polymeric materials designed for use as transverse lines, numbers, legends, symbols and arrow markings subjected to high traffic volumes and severe wear conditions such as shear action from crossover or encroachment.

(a) The material shall adhere to all asphalt pavement and portland cement concrete (PCC)

pavement surfaces and any existing pavement markings when applied per the manufacturer’s recommendations.

(b) The material shall be capable of conforming to pavement contours, breaks and faults, shall not

be affected by weather conditions, and shall remain in place on pavement surfaces without being displaced by traffic.

(c) The material shall have a minimum shelf life of one year.

The material shall conform to the requirements of the MdMUTCD and the following:

(a) Composition. Refer to the relevant sections of M 249. The material shall consist of polymeric materials, pigments, binders and glass beads distributed throughout the entire cross-sectional area.

Restrictions. The combined total of lead, cadmium, mercury and hexavalent chromium shall not exceed 100 ppm when tested by X-ray diffraction, ICP, or comparable method capable. Non-leachable lead based pigments will not be permitted. Diarylide type pigments shall only be used when the manufacturer’s recommended application temperature does not exceed 392 F.

(b) Color. Federal Standard 595 color chip Nos. 17886 for white and 13538 for yellow.

(c) Frictional Resistance. E 303. The surface of the applied material shall provide a minimum

average skid resistance value of 50 BPN when tested as specified. (d) Patching. The material shall be capable of use for patching worn areas of the same type.

(e) Thickness. The minimum thickness without adhesive shall be 120 mils.



209 02-09-17

2 of 2 (f) Adhesion. C 666, Method B. The material shall retain a minimum of 65 percent adhesive

bond after 100 freeze-thaw cycles. (g) Beads. M 247, Type I. (1) Refractive Index. MSMT 211. (2) Acid Resistance. MSMT 211. 15 percent of the beads (maximum) shall show formation

of a distinct opaque white layer on the entire surface. Field Testing. Materials selected for use on Administration projects shall be field tested for performance at AASHTO regional test facilities, such as National Transportation Product Evaluation Program (NTPEP). The materials shall meet a minimum retained reflectance of 100 mcd/m2/lux after evaluation testing. Materials performing satisfactorily throughout the test period will be placed on the Qualified Products List (QPL) maintained by the Office of Materials Technology. Certification. TC-1.03. Samples submitted for testing shall be accompanied by the manufacturer’s certified analysis. Any marking materials supplied shall be identical in composition to the material submitted for initial testing.



210 02-09-17

1 of 2 CATEGORY 900

MATERIALS

SECTION 951 PAVEMENT MARKING MATERIALS SECTION 951.07 - SNOWPLOWABLE RAISED PAVEMENT MARKERS (SPRPM) AND

RECESSED PAVEMENT MARKERS (RPM). 951.07.01 Pavement Marker Reflector Lenses. D 4383. Pavement marker reflector lenses shall conform as specified and 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 surfaces of the lens faces shall provide extremely durable abrasion resistance. 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. All pavement marker reflector lens shall be imprinted with the model number and the manufacturer’s name. 951.07.02 RPM Adhesive. M 237, Type III. Use to fasten the RPM to the pavement as specified. Do not use Rapid Set adhesives. 951.07.03 SRPM Casting. A 536, Grade 80-55-06, hardened to 51 to 55 RC per E18. 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. 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 accurately shaped web designed to fit into a grooved surface. 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. The casting shall be imprinted with the model number and the manufacturer’s name. 951.07.04 SRPM Casting Adhesive. M237 Type IV. Use to fasten the SRPM casting to the pavement as specified. 951.07.05 Reflector Lens Adhesive. Use to fasten the reflector lens to the casting in accordance with the manufacturers’ recommendations. 951.07.06 Field Evaluation. SRPMs shall be evaluated on the National Transportation Product Evaluation Program’s (NTPEP) North Test Deck. RPMs may be field evaluated on any NTPEP Test Deck. SRPMs and RPMs that perform satisfactorily throughout the evaluation period will be placed on the Administration’s Qualified Products List (QPL). Random testing of samples will be performed and conformance will be determined by the Office of Materials Technology (OMT).



211 02-09-17

2 of 2 951.07.07 Quality Assurance Sampling. Refer to 549.03.02. 951.07.08 Material Shipment. SRPMs and RPMs shall be shipped in containers sealed by the manufacturer. The label on each container shall include the following.

(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.

951.07.09 Certification. Furnish certification for all SRPMs and RPMs per TC-1.03. All SRPMs and RPMs supplied shall conform to the identical composition of the samples submitted for NTPEP evaluation. Identify SRPMs and RPMs by referring to the code used on the test deck SRPMs and RPMs that 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 capable of producing the SRPMs and RPMs in the quantity and quality required. (c) A laboratory capable of performing the required tests; subject to Administration approval.


REPAIRS FOR VARIOUS BRIDGES SPECIAL PROVISIONS Contract No. FT-3005-0000

212 10-31-08

1 of 3


SECTION 951 – PAVEMENT MARKING MATERIALS

SECTION 951.08 – REMOVABLE PAVEMENT MARKING TAPE

951.08 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 tape shall be capable of being removed without the use of heat, solvents, grinding, or sand blasting and shall not leave an objectionable residue. The tape shall be of good appearance and free from cracks. Edges shall be true, straight and unbroken. Line tape shall be in rolls having no more than three splices per 150 ft. of length. All tape shall be packaged in conformance with accepted commercial standards and have a minimum shelf life of one year. Select Removable pavement marking tape from the Qualified Products List (QPL). Performance Requirements. The tape shall be applied in conformance with the manufacturer’s recommendations to provide a neat, durable marking that will not flow or distort due to temperature. The tape shall be weather resistant and show no signs of lifting, tearing, shrinkage or other indications of poor adhesion that may reduce its useful life. The tape shall be capable of being removed without tearing into small pieces. 951.08.01 White and Yellow Tape. Removable pavement marking tape shall conform to the requirements of MdMUTCD and the following:

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

(b) Glass Beads. 951.09. Glass beads shall not contain more than 200 parts per million when tested in accordance with EPA Methods 3052, 6010B and 6010C.

(c) Color. The color of the tape shall match Federal Test Standard No. 595 color number 37925 -

White and color number 38907 - Yellow. (d) Retroreflectivity. The minimum retroreflectivity shall be 500 mcd/lux/sq./m. for white tape

and 300 mcd/lux/sq./m. for yellow tape. (e) Frictional Resistance. E 303. The British Pendulum Number shall be a minimum of 50.



213 10-31-08

2 of 3

951.08.02 Blackout Tape. Blackout tape shall conform to the requirements of the MdMUTCD and the following:

(a) Composition. Blackout tape 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 and shall not contain metallic foil. The tape shall be pre-coated with a pressure sensitive adhesive. A nonmetallic medium shall be incorporated to facilitate removal. Patterned tapes shall have a minimum of 20 percent of the total surface area 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 tape shall match Federal Test Standard No. 595 color

number 37038 – Black, or as approved. (c) Frictional Resistance. E 303. The British Pendulum Number shall be a minimum of 50.

951.08.03 Qualification. Manufacturers desiring to have their tape approved for Administration use shall have their products evaluated on the NTPEP North Test Deck. Materials meeting the requirements and performing satisfactorily throughout the evaluation period will be placed on the QPL. Only NTPEP evaluated products will be considered candidates for selection, unless otherwise waived. The Office of Materials Technology will determine qualification. 951.08.04 Certification. TC-1.03. The manufacture shall certify that any pavement marking material batch supplied conforms to all specifications and that the material supplied conforms to the identical formulation as the samples submitted for evaluation on the NTPEP North test deck. The formulas shall be identified by referring to the code used on the deck. Nonconforming materials will be rejected. Certification shall also contain the following:

(a) Manufacturer’s name. (b) Place (address) of manufacture. (c) Color of material. (d) Date of manufacture (month-day-year). (e) Lot or batch identification.



214 10-31-08

3 of 3 (f) Batch/ lot size. (g) Material Safety Data Sheets.

951.08.05 Quality Assurance. Random samples may be taken on the project and evaluated for conformance with these specifications. Nonconformance may result in suspension from the certification program until conformance is reestablished. 951.08.06 Production Facility.

(a) The manufacturer shall have a facility capable of producing the tape in the quantity and quality required; subject to Administration approval.

(b) The manufacturer shall have a laboratory capable of performing the required tests; subject to

Authority approval. 951.08.07 Packaging. Packaging shall conform to the manufacturer’s shipping requirements to prevent damage during handling and delivery. Installation instructions shall be included with all shipments. The shipping package shall be marked with the following:

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




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SECTION 951 — PAVEMENT MARKING MATERIALS

SECTION 951.10 – PERMANENT PREFORMED PATTERNED REFLECTIVE

CONTRAST PAVEMENT (PPPRCP) MARKING MATERIAL. 951.10 PERMANENT PREFORMED PATTERNED REFLECTIVE CONTRAST PAVEMENT (PPPRCP) 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 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. 951.10.01 Permanent Preformed Patterned Reflective Contrast 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. The PPPRCP material shall consist of yellow and black or white and black tapes bonded together at the manufacturer’s facility to form a one piece roll. The PPPRCP material may consist of two separate tapes; yellow and black or white and black tapes that are placed together in the field. The single roll or the two separate rolls shall have a total width 3 in. wider than the normal width of the tape. The black portion shall be evenly divided with 1-1/2 in. on each side of the white or yellow markings. 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.




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2 of 2 951.10.02 Permanent Preformed Patterned Reflective Contrast 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). The black material shall have no reflectance when measured with a reflectometer.

(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.

951.10.03 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. 951.10.04 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. 951.10.05 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 Authority. (c) A laboratory subject to the Authority’s approval which is capable of performing the required

tests.


REPAIRS FOR VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. FT-3005-0000 (NCHRP) REPORT 350 IMPLEMENTATION SCHEDULE

217 03-02-11

1 of 2 CONTRACT PROVISIONS

NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP) REPORT 350

AND THE MANUAL FOR ASSESSING SAFETY HARDWARE (MASH) 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” or the Manual for Assessing Safety Hardware (MASH). When conformance with NCHRP Report 350 or MASH 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.


REPAIRS FOR VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. FT-3005-0000 (NCHRP) REPORT 350 IMPLEMENTATION SCHEDULE

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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 or MASH 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 or MASH criteria, until compliance dates are established. Use of these devices shall comply with the provisions of Part 6 of the MUTCD.


REPAIRS FOR VARIOUS BRIDGES CONTRACT PROVISIONS Contract No. FT-3005-0000

219

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 Authority. 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 Authority. 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.



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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-Authority 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.



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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 Authority highways and rights-of-way.

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

by the Athority. (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.



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1 of 1 FHWA FORM 47 & ENVIRONMENTAL STEWARDSHIP

NOTICE TO CONTRACTORS

FHWA Form-47

The Federal Highway Administration has published a final rule that eliminates the requirement that contractors performing work on NHS projects valued at more than One Million dollars submit the form FHWA-47 Bid Price Data. Currently, the Administration includes a federal specification FHWA-1273 in all of our federally funded projects that contains this requirement. Therefore, based on the final rule Contractors are no longer required to submit the FHWA-47 form in accordance with the current language of the FHWA-1273 specification.

Environmental Stewardship

The Maryland State Highway Administration is committed to the development and maintenance of the Administration’s highway system in an environmentally responsible manner. Therefore, Contractors are encouraged to consider the use of Administration-approved recycled and reclaimed materials in construction projects where practicable, and in accordance with the Plans and Specifications. The Contractor is also encouraged to reuse, salvage, or recycle all generated waste materials to the extent possible. Materials that are easily recognizable, maintain their physical properties, meet the required material properties for recycling, are easily separated and transported, and have value as commodities are candidates for recycling. These types of materials generally include metals (steel, iron, copper, aluminum, bronze, etc.), plastics (cones, barrels, barricades, crash cushion plastic barrels, conduit, containers, etc.), aluminum poles and signs, electronic and electrical components, signals and signal components, topsoil, formwork, temporary falsework, brick, masonry, stone, wood, paper, and timber and yard waste from clearing and grubbing operations.

05/04/10



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TRAFFIC CONTROL PLAN CERTIFICATION

PRIOR TO THE COMMENCEMENT OF WORK ON THIS PROJECT, THE SUCCESSFUL BIDDER WILL BE REQUIRED TO COMPLETE A TRAFFIC CONTROL PLAN CERTIFICATION, CONTAINING THE INFORMATION SHOWN BELOW. THE CERTIFICATION FORM WILL BE PROVIDED TO THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT. The Administration's Traffic Control Plan (TCP) has been reviewed and the following course of action shall be followed: Option 1 The TCP is accepted and shall be used on this project. Option 2 The TCP is accepted; however, revisions and/or additions shall be submitted for approval in

conformance with the Administration's Specifications 104.01. Option 3 The TCP is not accepted and revision shall be submitted for approval in accordance with the

Administration's Specifications 104.01. It is understood that the effective implementation of the approved TCP is the responsibility of the Contractor. Minor modifications may be made by the Traffic Manager if field conditions warrant and prior concurrence is obtained from the Engineer. Significant changes to the TCP will be submitted to the Engineer in writing, for approval, in conformance with the Administration's Specifications 104.01. (DATE) (SIGNATURE) (PRINT SIGNATURE) (TITLE)



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1 of 1 NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MdMUTCD)

REQUIREMENTS The 2011 Maryland Manual on Uniform Traffic Control Devices (MdMUTCD) is the legal State standard for traffic control devices. All traffic control devices (temporary or permanent) utilized on MDTA projects shall be in conformance with the requirements provided in the 2011 Edition of the MDTA’s MdMUTCD for Streets and Highways.




225

1 of 6 ELECTRONIC DATA SUBMISSION REQUIREMENTS FOR GEOGRAPHICAL

INFORMATION SYSTEM 1.0 Purpose

The purpose of this document is to provide guidelines for submitting and subsequent evaluation of the dataset

for inclusion into the MDTA Geographical Information System (GIS) application. Only certain contract submissions

must comply with the data submission requirements identified in this section. These requirements for the electronic

data submission are in addition to any other requirements in this solicitation and are merely an additional submission

requirement and not in lieu of any other contract requirements.

Contract submissions that shall comply with the following electronic data submission requirements for inclusion in the

GIS system are the following:

Submission Title Submission Description

2.0 Overview

MDTA currently utilizes an Enterprise Geographic Information System (GIS) application which hosts its own

data (imagery, terrain and property data), thus providing a fast, easy-to-use geovisualization tool for navigating GIS

data.

The MDTA Enterprise GIS application currently uses the following software:

Environmental System Research Institute (ESRI)

ArcGIS / SDE database 10.x

ArcGIS Server 10.x

ArcGIS Desktop (ArcInfo, ArcView) 10.x

Google’s Earth Enterprise (GEE)

Google Earth and Fusion Enterprise 4.1.x

Google Enterprise Client 6.1.x

Red Hat Linux 5.5

Windows 2003

Oracle 10g /11g

PostgreSql and Crystal Reports 9.x / 10.x

It is essential that the datasets be thoroughly and accurately documented to ensure the integrity of the

information being included and presented via the MDTA GIS system. All data that is required to be submitted in this

format to be included in the MDTA GIS system shall be accompanied with GIS Deliverable Form (Attachment A) and




226

2 of 6 the MDTA GIS Metadata Form (Attachment B), which shall be completed by the Contractor in accordance with the

Contract electronic submission.

Datasets that do not meet the standards or conform to the requirements below will be returned to the Contractor for

revisions so that the datasets may be revised in accordance with the requirements and resubmitted to the MDTA for

inclusion in the MDTA GIS system.

3.0 Data requirements

The Contractor shall ensure that all data (GEODATABASE) submitted for publishing meets the necessary standards

and requirements. All columns and data formats need to follow the data dictionary approved by the Contract Manager.

All data should be submitted to the MDTA in the following format:

A. GEODATABASE File Requirements

1. Naming convention is correct and follows the template below.

SDE.CATEGORY_DESCRIPTION_ORGANIZATION_FILE TYPE.

Example. SDE.UTIL_FIBER_MDTA_LINE.

2. Projection is set to NAD_1983_HARN_StatePlane_Maryland_FIPS_1900_Feet.

If layer does not display correctly when brought into Google Earth, set projection to

GCS_WGS_1984.

3. Attribute table has a maximum of 50 fields or less.

If over 50 fields contact the Contract Manager.

4. Field names have properly defined alias under field properties.

Example. Alias is Zip Code NOT ZCTA5CE.




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5. Ensure that there is only one feature class for a single type of data with a “Facility” column in the attribute

table to designate the facility associated with the feature, as opposed to separate feature classes for every

single facility.

6. All individual links to the documents / pages in the document should be preserved and working

7. Labeling of features is consistent throughout the layer.

Text size and color of labels remain consistent.

Symbology colors should remain the same in the map as well as in the layer category

4.0 Required documentation to be included as part of data submission

4.1 GIS Deliverable Form - Required

When providing a dataset provide as much information to the Contract Manager to identify how the data should be

symbolized. The specification for symbology can be in the form of a written specification or an Environmental Systems

Research Institute (ESRI) ArcGIS map document file (.mxd). All datasets submitted, when required, must include a

completed GIS Deliverable Form, Attachment A.

4.2 Metadata forms – Required

Each dataset submitted for inclusion into the MDTA GIS must include Federal Geographic Data Committee (FGDC) compliant metadata. FGDC Standards can be found at (www.fgdc.gov/metadata). Attachment B is a template of the metadata form.




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4 of 6 ATTACHMENT A

GIS DELIVERABLE FORM RECEIPT OF GEOGRAPHICAL INFORMATION SYSTEM (GIS) DELIVERABLE

Title: # Title if applicable MDTA Contract Number: Title of Deliverable: _______________________________________________________ Reference Section # ______________________

ID Deliverables for the entire project section

1 All data has to be submitted in ESRI Geodatabase format – Required (Apart from ESRI Geodatabase format submission, if data is available in DGN/DWG format, it can be submitted as part of the submission)

2 All relevant document/s referenced in deliverables 1 should be submitted in PDF format – Required

3 Metadata/s in Microsoft Word or XML – Required

Name of Contractor: ________________________________ Contractor Project Manager:________________________________ Signature _________________________________ Printed Name To Be Completed by MDTA Contract Manager __________________________________ __________________________________ Contract Manager Signature Date Printed Name of MDTA Contract Manager: __________________________________




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5 of 6 ATTACHMENT B

MDTA GIS METADATA FORM

MEDTADATA IDENTIFICATION INFORMATION - All fields are Required Section Field Description Dataset Information

Des

crip

tion

Abstract A brief statement describing what the data set is comprised of. [Contractor Identifies]

Purpose Summary discussing why the data set was developed. (Project initiatives.)

Contract No. ____________ [Submission Description]

Supplemental Information Source Scale Denominator and any additional descriptive information about the data set that may not be suitable for the abstract and purpose.

Acc

ess

Con

str

ain

ts

Access Constraints Restrictions and legal prerequisites for accessing the data. This is to protect privacy and intellectual property.

N/A

Use

C

onst

rain

ts Use Constraints

Restrictions and legal prerequisites for using the data set. Removes liability for misuse of the data set. Also allows for human error.

N/A

Con

trac

tor

Poi

nt

of C

onta

ct

Contact Person Primary The name of the individual who is the primary contact for the dataset.

Contract No. _________ Manager

Organization Position Contact Phone Number

Contact e-mail address Contact Instruction

Address Type The type of address. (mailing, physical, or mailing and physical)

Street Address City State Postal Code Country

Cit

atio

n

Originator The name of the organization or individual(s) that developed the data. Please note if they are editors or compilers.

Publication Date Date when the data was published or released for use.

Tim

e P

erio

d

of

Con

ten

t Calendar Date Date that the data was collected. Could also be a range of dates

Correctness Reference Basis for time period of content. (Publication Date, Ground Condition)

Sta

tus Progress State of the data set. (Complete, In Work, or Planning Stages)

Maintenance and Update Frequency

How often changes or updates are made. (Monthly, Annually, Bi-weekly, Continually, None planned)

Key

wor

d

Theme Keyword ISO category (see list below, most likely transportation) and additional words or phrase that describes the data set for database search.

Place Keyword Geographic name of the location of the data set




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6 of 6

METADATA REFERENCE INFORMATION Section Field Description

Met

ada

ta D

ates

Metadata Date Date that metadata was created. Metadata Review Date

Date that metadata was last reviewed.

Con

trac

tor

Met

adat

a C

onta

ct

Contact Person Person that created the metadata. Organization Position Contact Phone Number

Contact e-mail address

Contact Instruction

Address Type Street Address City State Postal Code

Country

ISO Category Selection List Farming Biota Boundaries Climatology/Meteorology/Atmosphere Economy Elevation Environment Geoscientific Information Health Imagery/Base Maps/Earth Cover Intelligence/Military Inland Waters Location Oceans Planning Cadastre Society Structure Transportation Utilities/Communications




231

PART B-2

ATTACHMENTS




232

SCHEDULE OF PRICES




233

1 of 12 CONTRACT TITLE: _____________________________________________________ CONTRACT NUMBER: __________________________________________________ BIDDER IDENTIFICATION: Firm full legal name: _____________________________________________________ Address: ________________________________________________________________ ________________________________________________________________________ Telephone Number: ____________________ Fax Number: ___________________ eMail Address: ________________________ Bidder’s Contact (for clarification): Name:__________________________________________________________________ Telephone Number:____________________ Fax Number: __________________ Email Address: ___________________________________________________________ Federal Employer Identification Number: ______________________________________ eMarylandMarketplace (eMM) Number: ______________________________________ PROPOSAL OFFER: The undersigned Bidder hereby submits this Bid in response to the MDTA Invitation For Bid (IFB) issued on _____________ with regard to the Contract named above. By submitting this Bid, the Bidder warrants it is a financially responsible entity and has the capacity and capability to execute the work as described in the IFB in accordance with the requirements of the IFB. It warrants it has carefully examined the IFB including any Addenda issued and the Contract Documents for the above project, including the insurance requirements, and applicable Terms and Conditions, and hereby offers to the MDTA to execute the work in the manner described in the Bid as submitted supplying all labor, materials, equipment and services necessary for the project. This Bid shall remain open for 90 days for acceptance by the MDTA until such time as the Bid has been considered by the MDTA and either rejected in writing or an award has been made by the MDTA.




234

2 of 12 Award of this Contract will be based on the lowest responsive and responsible bid meeting the specifications. The foregoing prices include and cover the furnishing of all vendor/subcontractor labor and materials, mark-up, overhead, and profit, delivery, storage, burden, installation, equipment, tools, supervision, insurance, and all incidental costs to complete each individual task, as set forth, described and shown in the Specifications and other Contract Documents. Each and every person bidding and named above must sign here. In case of firm, give the first and last name of each member in full with residence. In the event Bid is submitted by or on behalf of any corporation, it must be signed in the name of such corporation by an authorized officer, or agent thereof, who shall also subscribe his name and office. The seal of the corporation shall be fixed. ****************************************************************************** Attest: Corporate Principal _____________________________ By:______________________________________ Date Printed Name: _____________________________ Title:_____________________________________ In presence of Witness: Co-Partnership Principal _____________________________ By:______________________________________ Date Printed Name: _____________________________ Title:_____________________________________ In presence of Witness: Individual Principal/Owner _____________________________ By:______________________________________ Date Printed Name: _____________________________ Title:_____________________________________




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3 of 12 FOR JOINT VENTURE

_____________________________ ___________________________________ Name Name _____________________________ ___________________________________ Street and/or P.O. Box Street and/or P.O. Box _____________________________ ___________________________________ City/State/Zip Code City/State/Zip Code _____________________________ ___________________________________ Fed. ID or SSN Fed. ID or SSN NAME OF JOINT VENTURE: _____________________________________ BY: _____________________________ WITNESS _________________________ Signature Date TITLE: __________________________ (SEAL) ____________________________ Signature Secretary’s Signature BY: _____________________________ WITNESS _________________________ Signature Date TITLE: __________________________ (SEAL) ____________________________ Signature Secretary’s Signature IF A BIDDER IS A JOINT VENTURE (JV), an officer from each JV member having the contractual authority to bind the proposed resources from its firm shall sign. Affix corporate seals, as applicable. IF A BIDDER IS A CORPORATION, in addition to authorized signing officer signature(s), affix the corporate seal. IF A BIDDER IS A PARTNERSHIP, a member of the firm fully authorized to bind the firm shall sign. IF A BIDDER IS A SOLE PROPRIETORSHIP, the owner of the proprietorship or its fully authorized representative shall sign. In the event anyone other than those designated above signs, a Corporate Resolution must be provided with the Bid, demonstrating that the signee has legal authority to bind the firm.



REPAIRS FOR VARIOUS BRIDGES

SPECIAL PROVISIONS Contract No. FT-3005

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. BIDDER’S NAME:________________________________________________________________________________________

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ITEM NOS.

CATEGORY CODE

APPROXIMATE QUANTITIES

DESCRIPTION OF ITEM AND PRICE BID (IN WRITTEN WORDS)

UNIT PRICE AMOUNTS DOLLARS CTS. DOLLARS CTS.

1001 110360 1

TYPE C ENGINEERS OFFICE AT ________________________________________

PER LUMP SUM

1002 120500 1

MAINTENANCE OF TRAFFIC AT ________________________________________

PER LUMP SUM

1003 120747 60

FLAGGER AT ________________________________________

PER HOUR

1004 120860 200

PORTABLE VARIABLE MESSAGE SIGN AT ________________________________________

PER UNIT DAY

4 of 12






237

ITEM NOS.

CATEGORY CODE




1005 120890 450

ADDITIONAL PROTECTION VEHICLE AT ________________________________________

PER UNIT DAY

1006 130850 1

MOBILIZATION AT ________________________________________

PER LUMP SUM

1007 131000 1

CPM PROJECT SCHEDULE AT ________________________________________

PER LUMP SUM

5 of 12






238

ITEM NOS.

CATEGORY CODE




4001 400000 946,240

SILANE SEALING OF MAINLINE BRIDGES AT ________________________________________

PER SQUARE FOOT

4002 400000 161,440

SILANE SEALING OF RAMP BRIDGES AT ________________________________________

PER SQUARE FOOT

4003 400000 69,500

SILANE SEALING OF OVERPASS BRIDGES AT ________________________________________

PER SQUARE FOOT

4004 400000 203,050

MMA SEALING OF MAINLINE BRIDGES AT ________________________________________

PER SQUARE FOOT

4005 40000 19,400

MMA SEALING OF RAMP BRIDGES AT ________________________________________

PER SQUARE FOOT

6 of 12






239

ITEM NOS.

CATEGORY CODE




4006 400000 90

CONCRETE DECK PATCHING REPAIR AT ________________________________________

PER CUBIC FOOT

4007 400000 100

CONCRETE PATCHING REPAIR AT ________________________________________

PER CUBIC FOOT

4008 400000 1,600

REPLACE BRIDGE ROADWAY SEAL WITH POURABLE SILICONE SEAL AT ________________________________________

PER LINEAR FOOT

4009 400000 750

REPLACE BRIDGE ROADWAY SEAL WITH CLOSED CELL FOAM SEAL AT ________________________________________

PER LINEAR FOOT

4010 400000 168

MMA CRACK REPAIR AT ________________________________________

PER LINEAR FOOT

7 of 12






240

ITEM NOS.

CATEGORY CODE




4011 400000 AL

MISCELLANEOUS REPAIRS AT FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS

ALLOWANCE

475,000

00

8 of 12






241

ITEM NOS.

CATEGORY CODE




5001 500000 161

15 INCH WHITE PREFORMED PERMANENT PATTERNED REFLECTIVE PAVEMENT MARKINGS - CHEVRON PATTERN AT ________________________________________

PER LINEAR FOOT

5002 585302 385

10 INCH WHITE PREFORMED PERMANENT PATTERNED REFLECTIVE PAVEMENT MARKINGS AT ________________________________________

PER LINEAR FOOT

5003 585360 2,260

RUMBLE STRIPS AT ________________________________________

PER LINEAR FOOT

5004 585601 5,331

5 INCH WHITE PERMANENT PREFORMED PATTERNED REFLECTIVE CONTRAST PAVEMENT MARKINGS (PPPRCP) AT ________________________________________

PER LINEAR FOOT

9 of 12






242

ITEM NOS.

CATEGORY CODE




5005 585603 2,871

5 INCH YELLOW PERMANENT PREFORMED PATTERNED REFLECTIVE CONTRAST PAVEMENT MARKINGS (PPPRCP) AT ________________________________________

PER LINEAR FOOT

5006 585700 8,747

REMOVAL OF EXISTING PAVEMENT MARKING LINES, ANY WIDTH AT ________________________________________

PER LINEAR FOOT

10 of 12






243

ITEM NOS.

CATEGORY CODE




6001 620079 167

CONCRETE TRAFFIC BARRIER REFLECTIVE DELINEATORS AT ________________________________________

PER EACH

11 of 12






244

ITEM NOS.

CATEGORY CODES




AGGREGATE AMOUNT AT UNIT PRICES IS USING BID 1001 – 1007, 4001 – 4011, 5001 – 5006, 6001

THIS PROPOSAL SHALL BE FILLED IN BY THE BIDDER WITH PRICES IN NUMERALS AND EXTENSIONS SHALL BE MADE BY HIM/HER.

12 of 12




245

1 of 4 EXPERIENCE QUESTIONNAIRE FORMS

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.)




246

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




247

3 of 4

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.




248

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: _________________




249

PART C




250

ATTACHMENTS




251

1 of 3 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 supplyare 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 Bidder 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)




252

2 of 3 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




253

3 of 3 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




254

MDOT MBE FORM A STATE-FUNDED CONTRACTS

CERTIFIED MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT PAGE 1 OF 2

THIS AFFIDAVIT MUST BE INCLUDED WITH THE BID/PROPOSAL. IF THE BIDDER/OFFEROR FAILS TO

ACCURATELY COMPLETE AND SUBMIT THIS AFFIDAVIT AS REQUIRED, THE BID SHALL BE DEEMED NOT

RESPONSIVE OR THE PROPOSAL NOT SUSCEPTIBLE OF BEING SELECTED FOR AWARD. In connection with the bid/proposal submitted in response to Solicitation No. , I affirm the following: 1. MBE Participation (PLEASE CHECK ONLY ONE)

I have met the overall certified Minority Business Enterprise (MBE) participation goal of percent ( %) and the following subgoals, if applicable: percent ( %) for African American-owned MBE firms percent ( %) for Hispanic American-owned MBE firms percent ( %) for Asian American-owned MBE firms percent ( %) for Women-owned MBE firms I agree that these percentages of the total dollar amount of the Contract, for the MBE goal and subgoals (if any), will be performed by certified MBE firms as set forth in the MBE Participation Schedule - Part 2 of the MDOT MBE Form B (State-Funded Contracts).

OR

I conclude that I am unable to achieve the MBE participation goal and/or subgoals. I hereby request a waiver, in whole or in part, of the overall goal and/or subgoals. Within 10 business days of receiving notice that our firm is the apparent awardee or as requested by the Procurement Officer, I will submit a written waiver request and all required documentation in accordance with COMAR 21.11.03.11. For a partial waiver request, I agree that certified MBE firms will be used to accomplish the percentages of the total dollar amount of the Contract, for the MBE goal and subgoals (if any), as set forth in the MBE Participation Schedule - Part 2 of the MDOT MBE Form B (State-Funded Contracts). 2. Additional MBE Documentation I understand that if I am notified that I am the apparent awardee or as requested by the Procurement Officer, I must submit the following documentation within 10 business days of receiving such notice: (a) Outreach Efforts Compliance Statement (MDOT MBE Form C - State-Funded Contracts); (b) Subcontractor Project Participation Statement (MDOT MBE Form D - State-Funded Contracts); (c) If waiver requested, MBE Waiver Request Documentation and Forms (MDOT MBE/DBE Form E – Good Faith Efforts Guidance and Documentation) per COMAR 21.11.03.11; and (d) Any other documentation required by the Procurement Officer to ascertain bidder’s responsibility/ offeror’s susceptibility of being selected for award in connection with the certified MBE participation goal and subgoals, if any. I acknowledge that if I fail to return each completed document (in 2 (a) through (d)) within the required time, the Procurement Officer may determine that I am not responsible and therefore not eligible for contract award or that the proposal is not susceptible of being selected for award.

MDOT-OP 012-2 (9/11) (Revised 7/14)




255

MDOT MBE FORM A STATE-FUNDED CONTRACTS

CERTIFIED MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT PAGE 2 OF 2

3. Information Provided to MBE firms In the solicitation of subcontract quotations or offers, MBE firms were provided not less than the same information and amount of time to respond as were non-MBE firms. 4. Products and Services Provided by MBE firms I hereby affirm that the MBEs are only providing those products and services for which they are MDOT certified. I solemnly affirm under the penalties of perjury that the information in this affidavit is true to the best of my knowledge, information and belief. _________________________ ________________________ Company Name Signature of Representative _________________________ ________________________ Address Printed Name and Title _________________________ ________________________ City, State and Zip Code Date

MDOT-OP 012-2 (9/11) (Revised 7/14)




256

MDOT MBE FORM B STATE-FUNDED CONTRACTS

PART 1 – INSTRUCTIONS FOR MBE PARTICIPATION SCHEDULE PAGE 1 OF 3

PARTS 2 AND 3 MUST BE INCLUDED WITH THE BID/PROPOSAL. IF THE BIDDER/OFFEROR FAILS TO

ACCURATELY COMPLETE AND SUBMIT PART 2 WITH THE BID/PROPOSAL AS REQUIRED, THE BID SHALL BE

DEEMED NOT RESPONSIVE OR THE PROPOSAL SHALL BE DEEMED NOT SUSCEPTIBLE OF BEING SELECTED

FOR AWARD.

PLEASE READ BEFORE COMPLETING THIS FORM

1. Please refer to the Maryland Department of Transportation (MDOT) MBE Directory at www.mdot.state.md.us to determine if a firm is certified for the appropriate North American Industry Classification System (“NAICS”) Code and the product/services description (specific product that a firm is certified to provide or specific areas of work that a firm is certified to perform). For more general information about NAICS, please visit www.naics.com. Only those specific products and/or services for which a prime or subcontractor is a certified MBE in the MDOT Directory can be used for purposes of achieving the MBE participation goals.

2. In order to be counted for purposes of achieving the MBE participation goals, the MBE firm (whether a prime or subcontractor)

must be certified for that specific NAICS Code (“MBE” for State-funded projects designation after NAICS Code). WARNING: If the firm’s NAICS Code is in graduated status, such services/products will not be counted for purposes of achieving the MBE participation goals. Graduated status is clearly identified in the MDOT Directory (such graduated codes are designated with the word graduated after the appropriate NAICS Code).

3. Examining the NAICS Code is the first step in determining whether an MBE firm is certified and eligible to receive MBE

participation credit for the specific products/services to be supplied or performed under the contract. The second step is to determine whether a firm’s Products/Services Description in the MBE Directory includes the products to be supplied and/or services to be performed that are being used to achieve the MBE participation goals. If you have any questions as to whether a firm is certified to perform the specific services or provide specific products, please contact MDOT’s Office of Minority Business Enterprise at 1-800-544-6056 or via email at [email protected].

4. Complete the Part 2 – MBE Participation Schedule for all certified MBE firms (including primes and subcontractors) being used

to achieve the MBE participation goal and subgoals, if any.

5. MBE Prime Self-Performance. When a certified MBE firm participates as a prime (independently or as part of a joint venture) on a contract, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own forces toward fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract. In order to receive credit for self-performance, an MBE prime must be (a) a certified MBE (see 1-3 above) and (b) listed in the Part 2 – MBE Participation Schedule with its certification number, the certification classification under which it will self-perform, and the percentage of the contract that can be counted as MBE self-performance. For the remaining portion of the overall goal and any subgoals, the MBE prime must also list, in the Part 2 – MBE Participation Schedule, other certified MBE firms used to meet those goals or, after making good faith efforts to obtain the participation of additional MBE firms, request a waiver. Note: A dually-certified MBE firm can use its own forces toward fulfilling ONLY ONE of the MBE subgoals for which it can be counted.

6. The Contractor’s subcontractors are considered second-tier subcontractors. Third-tier contracting used to meet an MBE goal is

to be considered the exception and not the rule. The following two conditions must be met before MDOT, its Modal Administrations and the Maryland Transportation Authority may approve a third-tier contracting agreement: (a) the bidder/offeror must request in writing approval of each third-tier contract arrangement, and (b) the request must contain specifics as to why a third-tier contracting arrangement should be approved. These documents must be submitted with the bid/proposal in Part 2 of this MBE Participation Schedule.

MDOT-OP 013-2 (7/14)




257



7. For each MBE firm that is being used as a supplier/wholesaler/regular dealer/broker/manufacturer, please follow these

instructions for calculating the amount of the subcontract for purposes of achieving the MBE participation goals:

A. Is the firm certified as a broker of the products/supplies? If the answer is YES, please continue to Item C. If the answer is NO, please continue to Item B.

B. Is the firm certified as a supplier, wholesaler, regular dealer, or manufacturer of such products/supplies? If the answer is

YES, continue to Item D. If the answer is NO, continue to Item C only if the MBE firm is certified to perform trucking/hauling services under NAICS Codes 484110, 484121, 484122, 484210, 484220 and 484230. If the answer is NO and the firm is not certified under these NAICS Codes, then no MBE participation credit will be given for the supply of these products.

C. For purposes of achieving the MBE participation goal, you may count only the amount of any reasonable fee that the

MBE firm will receive for the provision of such products/supplies - not the total subcontract amount or the value (or a percentage thereof) of such products and/or supplies. For Column 3 of the MBE Participation Schedule, please divide the amount of any reasonable fee that the MBE firm will receive for the provision of such products/services by the total Contract value and insert the percentage in Line 3.1.

D. Is the firm certified as a manufacturer (refer to the firm’s NAICS Code and specific description of products/services) of

the products/supplies to be provided? If the answer is NO, please continue to Item E. If the answer is YES, for purposes of achieving the MBE participation goal, you may count the total amount of the subcontract. For Column 3 of the MBE Participation Schedule, please divide the total amount of the subcontract by the total Contract value and insert the percentage in Line 3.1.

E. Is the firm certified as a supplier, wholesaler and/or regular dealer? If the answer is YES and the MBE firm is furnishing

and installing the materials and is certified to perform these services, please divide the total subcontract amount (including full value of supplies) by the total Contract value and insert the percentage in Line 3.1. If the answer is YES and the MBE firm is only being used as a supplier, wholesaler and/or regular dealer or is not certified to install the supplies/materials, for purposes of achieving the MBE participation goal, you may only count sixty percent (60%) of the value of the subcontract for these supplies/products (60% Rule). To apply the 60% Rule, first divide the amount of the subcontract for these supplies/products only (not installation) by the total Contract value. Then, multiply the result by sixty percent (60%) and insert the percentage in Line 3.2.

8. For each MBE firm that is not being used as a supplier/wholesaler/regular dealer/broker/manufacturer, to calculate the amount

of the subcontract for purposes of achieving the MBE participation goals, divide the total amount of the subcontract by the total Contract value and insert the percentage in Line 3.1.

Example: $ 2,500 (Total Subcontract Amount) $10,000 (Total Contract Value) x 100 25%

9. WARNING: The percentage of MBE participation, computed using the percentage amounts determined per Column 3 for all of

the MBE firms listed in Part 2, MUST at least equal the MBE participation goal and subgoals (if applicable) as set forth in MDOT MBE Form A – State-Funded Contracts for this solicitation. If a bidder/offeror is unable to achieve the MBE participation goal and/or any subgoals (if applicable), then the bidder/offeror must request a waiver in Form A or the bid will be deemed not responsive, or the proposal not susceptible of being selected for award. You may wish to use the attached Goal/Subgoal Worksheet to assist you in calculating the percentages and confirming that you have met the applicable MBE participation goal and subgoals (if any).

MDOT-OP 013-2 (7/14)




258



GOAL/SUBGOAL PARTICIPATION WORKSHEET

1. Complete the Part 2 – MBE Participation Schedule for each MBE being used to meet the MBE goal and any subgoals.

2. After completion of the Part 2 – MBE Participation Schedule, you may use the Goal/Subgoal Worksheet to calculate the total

MBE participation commitment for the overall goal and any subgoals.

3. MBE Overall Goal Participation Boxes: Calculate the total percentage of MBE participation for each MBE classification by adding the percentages determined per Column 3 of the Part 2 – MBE Participation Schedule. Add the percentages determined in Lines 3.1 and 3.2 for the MBE subcontractor (subs) total. Add the overall participation percentages determined in Line 3.3 for the MBE prime total.

4. MBE Subgoal Participation Boxes: Calculate the total percentage of MBE participation for each MBE classification by adding the percentages determined per Column 3 of the Part 2 – MBE Participation Schedule. Add the percentages determined in Lines 3.1 and 3.2 for the MBE subcontractor (subs) total. Add the subgoal participation percentages determined in Line 3.3 for the MBE prime total.

5. The percentage amount for the MBE overall participation in the Total MBE Firm Participation Box F1 should be equal to the sum of the percentage amounts in Boxes A through E of the MBE Overall Goal Participation Column of the Worksheet.

6. The percentage amount for the MBE subgoal participation in the Total MBE Firm Participation Box L should be equal to the sum of the percentage amounts in Boxes A through E of the MBE Subgoal Participation Column of the Worksheet.

GOAL/SUBGOAL WORKSHEET

MBE Classification MBE Overall Goal

Participation MBE Subgoal Participation

(A) Total African American Firm Participation (Add percentages determined for African American-Owned Firms per Column 3 of MBE Participation Schedule)

_________%subs

_________%prime

_________%subs

_________%prime

(B) Total Hispanic American Firm Participation (Add percentages determined for Hispanic American-Owned Firms per Column 3 of MBE Participation Schedule)

_________%subs

_________%prime

_________%subs

_________%prime

(C) Total Asian American Firm Participation (Add percentages listed for Asian American-Owned Firms per Column 3 of MBE Participation Schedule)

_________%subs

_________%prime

_________%subs

_________%prime

(D) Total Women-Owned Firm Participation (Add percentages determined for Women-Owned Firms per Column 3 of MBE Participation Schedule)

_________%subs

_________%prime

_________%subs

_________%prime

(E) Total for all other MBE Firms (Add percentages for firms listed as Other MBE Classification per Column 3 of the MBE Participation Schedule)

_________%subs

_________%prime

_________%subs

_________%prime

Total MBE Firm Participation (Add total percentages determined for all MBE Firms in each column of the Worksheet)

(F1)__________% (F2)__________%

MDOT-OP 013-2 (7/14)




259


PART 2 – MBE PARTICIPATION SCHEDULE PAGE __ OF ___

PARTS 2 AND 3 MUST BE INCLUDED WITH THE BID/PROPOSAL. IF THE BIDDER/OFFEROR FAILS TO

ACCURATELY COMPLETE AND SUBMIT PART 2 WITH THE BID/PROPOSAL AS REQUIRED, THE BID

SHALL BE DEEMED NOT RESPONSIVE OR THE PROPOSAL SHALL BE DEEMED NOT SUSCEPTIBLE OF

BEING SELECTED FOR AWARD. PAGE __ OF ___

Prime Contractor Project Description Solicitation Number

LIST INFORMATION FOR EACH CERTIFIED MBE PRIME OR MBE SUBCONTRACTOR YOU AGREE TO USE TO ACHIEVE THE MBE PARTICIPATION GOAL AND SUBGOALS, IF ANY. NOTE INSTRUCTIONS IN EACH COLUMN.

COLUMN 1 COLUMN 2 1. COLUMN 3 Unless the bidder/offeror requested a waiver in MDOT MBE Form A – State Funded Contracts for this solicitation, the cumulative MBE participation for all MBE firms listed herein must equal at least the MBE participation goal and subgoals (if applicable) set forth in Form A.

NAME OF MBE PRIME OR MBE SUBCONTRACTOR AND TIER

CERTIFICATION NO. AND MBE CLASSIFICATION

2. FOR PURPOSES OF ACHIEVING THE MBE PARTICIPATION GOAL AND SUBGOALS, refer to Sections 5 through 8 in Part 1 - Instructions. State the percentage amount of the products/services in Line 3.1, except for those products or services where the MBE firm is being used as a wholesaler, supplier, or regular dealer. For items of work where the MBE firm is being used as a supplier, wholesaler and/or regular dealer, complete Line 3.2 using the 60% Rule. For items of work where the MBE firm is the prime, complete Line 3.3.

MBE Name:

Check here if MBE firm is a subcontractor and complete in accordance with Sections 6, 7, & 8 of Part 1 - Instructions. If this box is checked, complete 3.1 or 3.2 in Column C, whichever is appropriate.

Check here if MBE firm is the prime contractor, including a participant in a joint venture, and self-performance is being counted pursuant to Section 5 of Part 1 - Instructions. If this box is checked, complete 3.3 in Column C.

Check here if MBE firm is a third-tier contractor (if applicable). Please submit written documents in accordance with Section 6 of Part 1 - Instructions

Certification Number:

(If dually certified, check only one box.)

African American-Owned

Hispanic American- Owned

Asian American-Owned

Women-Owned

Other MBE Classification

______________________

3.1. TOTAL PERCENTAGE TO BE PAID TO THE SUBCONTRACTOR (STATE THIS PERCENTAGE AS A PERCENTAGE OF THE TOTAL CONTRACT VALUE- EXCLUDING PRODUCTS/SERVICES FROM SUPPLIERS, WHOLESALERS OR REGULAR DEALERS).

__________% (Percentage for purposes of calculating achievement of MBE Participation goal and subgoals, if any) 3.2 TOTAL PERCENTAGE TO BE PAID TO THE SUBCONTRACTOR FOR ITEMS OF WORK WHERE THE MBE FIRM IS BEING USED AS A SUPPLIER, WHOLESALER AND/OR REGULAR DEALER) (STATE THE PERCENTAGE AS A PERCENTAGE OF THE TOTAL CONTRACT VALUE AND THEN APPLY THE 60% RULE PER SECTION 7(E) IN PART 1 - INSTRUCTIONS). _____________% Total percentage of Supplies/Products x _________60% (60% Rule) __________% (Percentage for purposes of calculating achievement of MBE Participation goal and subgoals, if any) 3.3. TOTAL PERCENTAGE TO BE PAID TO MBE PRIME FOR WORK THAT CAN BE COUNTED AS MBE SELF-PERFORMANCE (STATE THIS PERCENTAGE AS A PERCENTAGE OF THE TOTAL CONTRACT VALUE)..

(a) ____________% Total percentage for self-performed items of work in which MBE is certified)

(b) ____________% (Insert 50% of MBE overall goal)

(c) ____________% (Insert subgoal for classification checked in Column 2, if applicable)

Percentages for purposes of calculating achievement of MBE Participation goals:

For MBE Overall goal – Use lesser of (a) or (b) For MBE Subgoal – Use lesser of (a) or (c) If MBE Prime is supplier, wholesaler and/or regular dealer, apply the 60% rule.

Check here if Continuation Sheets are attached.

MDOT-OP 013-2 (7/14)




260


PART 2 – MBE PARTICIPATION SCHEDULE CONTINUATION SHEET

PAGE __ OF ___


LIST INFORMATION FOR EACH CERTIFIED MBE PRIME OR MBE SUBCONTRACTOR YOU AGREE TO USE TO ACHIEVE THE MBE PARTICIPATION GOAL AND SUBGOALS, IF ANY. NOTE INSTRUCTIONS IN EACH COLUMN.

COLUMN 1 COLUMN 2 1. COLUMN 3 Unless the bidder/offeror requested a waiver in MDOT MBE Form A – State Funded Contracts for this solicitation, the cumulative MBE participation for all MBE firms listed herein must equal at least the MBE participation goal and subgoals (if applicable) set forth in Form A.

NAME OF MBE PRIME OR MBE SUBCONTRACTOR AND TIER

CERTIFICATION NO. AND MBE CLASSIFICATION

2. FOR PURPOSES OF ACHIEVING THE MBE PARTICIPATION GOAL AND SUBGOALS, refer to Sections 5 through 8 in Part 1 - Instructions. State the percentage amount of the products/services in Line 3.1, except for those products or services where the MBE firm is being used as a wholesaler, supplier, or regular dealer. For items of work where the MBE firm is being used as a supplier, wholesaler and/or regular dealer, complete Line 3.2 using the 60% Rule. For items of work where the MBE firm is the prime, complete Line 3.3.

MBE Name:

Check here if MBE firm is a subcontractor and complete in accordance with Sections 6, 7, & 8 of Part 1 - Instructions. If this box is checked, complete 3.1 or 3.2 in Column C, whichever is appropriate.

Check here if MBE firm is the prime contractor, including a participant in a joint venture, and self-performance is being counted pursuant to Section 5 of Part 1 - Instructions. If this box is checked, complete 3.3 in Column C.

Check here if MBE firm is a third-tier contractor (if applicable). Please submit written documents in accordance with Section 6 of Part 1 - Instructions

Certification Number:

(If dually certified, check only one box.)

African American-Owned

Hispanic American- Owned

Asian American-Owned

Women-Owned

Other MBE Classification

______________________

3.1. TOTAL PERCENTAGE TO BE PAID TO THE SUBCONTRACTOR (STATE THIS PERCENTAGE AS A PERCENTAGE OF THE TOTAL CONTRACT VALUE- EXCLUDING PRODUCTS/SERVICES FROM SUPPLIERS, WHOLESALERS OR REGULAR DEALERS).

__________% (Percentage for purposes of calculating achievement of MBE Participation goal and subgoals, if any) 3.2 TOTAL PERCENTAGE TO BE PAID TO THE SUBCONTRACTOR FOR ITEMS OF WORK WHERE THE MBE FIRM IS BEING USED AS A SUPPLIER, WHOLESALER AND/OR REGULAR DEALER) (STATE THE PERCENTAGE AS A PERCENTAGE OF THE TOTAL CONTRACT VALUE AND THEN APPLY THE 60% RULE PER SECTION 7(E) IN PART 1 - INSTRUCTIONS). _____________% Total percentage of Supplies/Products x _________60% (60% Rule) __________% (Percentage for purposes of calculating achievement of MBE Participation goal and subgoals, if any) 3.3. TOTAL PERCENTAGE TO BE PAID TO MBE PRIME FOR WORK THAT CAN BE COUNTED AS MBE SELF-PERFORMANCE (STATE THIS PERCENTAGE AS A PERCENTAGE OF THE TOTAL CONTRACT VALUE)..

(a) ____________% Total percentage for self-performed items of work in which MBE is certified)

(b) ____________% (Insert 50% of MBE overall goal)

(c) ____________% (Insert subgoal for classification checked in Column 2, if applicable)

Percentages for purposes of calculating achievement of MBE Participation goals:

For MBE Overall goal – Use lesser of (a) or (b) For MBE Subgoal – Use lesser of (a) or (c) If MBE Prime is supplier, wholesaler and/or regular dealer, apply the 60% rule.

Check here if Continuation Sheets are attached.

MDOT-OP 013-2 (7/14)



REPAIRS FOR VARIOUS BRIDGES SPECIAL PROVISIONS Contract No. FT-3005

261


PART 3 – CERTIFICATION FOR MBE PARTICIPATION SCHEDULE

PARTS 2 AND 3 MUST BE INCLUDED WITH THE BID/PROPOSAL AS DIRECTED IN THE INVITATION TO BID/ REQUEST FOR PROPOSALS.

I hereby affirm that I have reviewed the Products and Services Description (specific product that a firm is certified to provide or areas of work that a firm is certified to perform) set forth in the MDOT MBE Directory for each of the MBE firms listed in Part 2 of this MBE Form B for purposes of achieving the MBE participation goals and subgoals that were identified in the MBE Form A that I submitted with this solicitation, and that the MBE firms listed are only performing those products/services/areas of work for which they are certified. I also hereby affirm that I have read and understand the form instructions set forth in Part 1 of this MBE Form B. The undersigned Prime Contractor hereby certifies and agrees that they have 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 business enterprise in its bid or proposal;

(2) fail to notify the certified minority business enterprise before execution of the contract of its inclusion of 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.

I solemnly affirm under the penalties of perjury that the contents of Parts 2 and 3 of MDOT MBE Form B are true to the best of my knowledge, information and belief. _________________________________ ____________________________________ Company Name Signature of Representative _________________________________ ____________________________________ Address Printed Name and Title

_________________________________ ____________________________________ City, State and Zip Code Date

MDOT-OP 013-2 (7/14)



REPAIRS FOR VARIOUS BRIDGES Contract No. FT-3005-0000

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MDOT MBE FORM C STATE-FUNDED CONTRACTS

OUTREACH EFFORTS COMPLIANCE STATEMENT In conjunction with the offer/proposal submitted in response to Solicitation No.___________, I state the following: 1. Bidder/Offeror took the following efforts to identify subcontracting opportunities in these specific work categories: 2. Attached to this form are copies of written solicitations (with bidding/proposal instructions) used to solicit certified MBE firms for these subcontract opportunities. 3. Bidder/Offeror made the following attempts to personally contact the solicited MBE firms: 4. Please Check One:

□ This project does not involve bonding requirements.

□ Bidder/Offeror assisted MBE firms to fulfill or seek waiver of bonding requirements. (DESCRIBE EFFORTS) 5. Please Check One:

□ Bidder/Offeror did attend the pre-bid/pre-proposal meeting/conference.

□ No pre-bid/pre-proposal meeting/conference was held.

□ Bidder/Offeror did not attend the pre-bid/pre-proposal meeting/conference. _________________________ ________________________ Company Name Signature of Representative _________________________ ________________________ Address Printed Name and Title _________________________ ________________________ City, State and Zip Code Date

MDOT-OP 014-2 (9/11)




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MDOT MBE FORM D STATE-FUNDED CONTRACTS

MBE SUBCONTRACTOR PROJECT PARTICIPATION AFFIDAVIT IF THE BIDDER/OFFEROR FAILS TO RETURN THIS AFFIDAVIT WITHIN THE REQUIRED TIME, THE PROCUREMENT OFFICER MAY DETERMINE THAT THE BIDDER/OFFEROR IS NOT RESPONSIBLE AND THEREFORE NOT ELIGIBLE FOR CONTRACT AWARD OR THAT THE PROPOSAL IS NOT SUSCEPTIBLE OF BEING SELECTED FOR AWARD. SUBMIT ONE FORM FOR EACH CERTIFIED MBE FIRM LISTED IN THE MBE PARTICIPATION SCHEDULE. BIDDERS/OFFERORS ARE HIGHLY ENCOURAGED TO SUBMIT FORM D PRIOR TO THE TEN (10) DAY DEADLINE.

Provided that _________________________________________________ (Prime Contractor’s Name) is awarded the State contract in conjunction with Solicitation No. _______________________, such Prime Contractor will enter into a subcontract with ____________________(Subcontractor’s Name) committing to participation by the MBE firm ___________________ (MBE Name) with MDOT Certification Number _______________ (if subcontractor previously listed is also the MBE firm, please restate name and provide MBE Certification Number) which will receive at least $___________ or ___% (Total Subcontract Amount/ Percentage) for performing the following products/services for the Contract:

NAICS CODE WORK ITEM, SPECIFICATION NUMBER, LINE ITEMS OR WORK CATEGORIES (IF APPLICABLE)

DESCRIPTION OF SPECIFIC PRODUCTS AND/OR SERVICES

I solemnly affirm under the penalties of perjury that the information provided in this MBE Subcontractor Project Participation Affidavit is true to the best of my knowledge, information and belief. I acknowledge that, for purposes of determining the accuracy of the information provided herein, the Procurement Officer may request additional information, including, without limitation, copies of the subcontract agreements and quotes.

PRIME CONTRACTOR Signature of Representative: __________________________________ Printed Name and Title:________________ ___________________________________ Firm’s Name: _______________________ Federal Identification Number: __________ Address: ___________________________ ___________________________________ Telephone: _________________________ Date: _____________________________

SUBCONTRACTOR (SECOND-TIER) Signature of Representative: ___________________________________ Printed Name and Title:________________ ___________________________________ Firm’s Name: ________________________ Federal Identification Number: __________ Address: ___________________________ ___________________________________ Telephone: _________________________ Date: ______________________________

SUBCONTRACTOR (THIRD-TIER) Signature of Representative: ___________________________________ Printed Name and Title:________________ ___________________________________ Firm’s Name: ________________________ Federal Identification Number: __________ Address: ___________________________ ___________________________________ Telephone: _________________________ Date: ______________________________

IF MBE FIRM IS A THIRD-TIER SUBCONTRACTOR, THIS FORM MUST ALSO BE EXECUTED BY THE SECOND-TIER SUBCONTRACTOR THAT HAS THE SUBCONTRACT AGREEMENT WITH THE MBE FIRM.

MDOT-OP 015-2 (9/11)




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MDOT MBE/DBE FORM E GOOD FAITH EFFORTS GUIDANCE AND DOCUMENTATION

PART 1 – GUIDANCE FOR DEMONSTRATING GOOD FAITH EFFORTS TO MEET MBE/DBE PARTICIPATION GOALS

In order to show that it has made good faith efforts to meet the Minority Business Enterprise (MBE)/Disadvantaged Business Enterprise (DBE) participation goal (including any MBE subgoals) on a contract, the bidder/offeror must either (1) meet the MBE/DBE Goal(s) and document its commitments for participation of MBE/DBE Firms, or (2) when it does not meet the MBE/DBE Goal(s), document its Good Faith Efforts to meet the goal(s). I. Definitions MBE/DBE Goal(s) – “MBE/DBE Goal(s)” refers to the MBE participation goal and MBE participation subgoal(s) on a State-funded procurement and the DBE participation goal on a federally-funded procurement. Good Faith Efforts – The “Good Faith Efforts” requirement means that when requesting a waiver, the bidder/offeror must demonstrate that it took all necessary and reasonable steps to achieve the MBE/DBE Goal(s), which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MBE/DBE participation, even if those steps were not fully successful. Whether a bidder/offeror that requests a waiver made adequate good faith efforts will be determined by considering the quality, quantity, and intensity of the different kinds of efforts that the bidder/offeror has made. The efforts employed by the bidder/offeror should be those that one could reasonably expect a bidder/offeror to take if the bidder/offeror were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. The determination concerning the sufficiency of the bidder's/offeror’s good faith efforts is a judgment call; meeting quantitative formulas is not required. Identified Firms – “Identified Firms” means a list of the DBEs identified by the procuring agency during the goal setting process and listed in the federally-funded procurement as available to perform the Identified Items of Work. It also may include additional DBEs identified by the bidder/offeror as available to perform the Identified Items of Work, such as DBEs certified or granted an expansion of services after the procurement was issued. If the procurement does not include a list of Identified Firms or is a State-funded procurement, this term refers to all of the MBE Firms (if State-funded) or DBE Firms (if federally-funded) the bidder/offeror identified as available to perform the Identified Items of Work and should include all appropriately certified firms that are reasonably identifiable. Identified Items of Work – “Identified Items of Work” means the bid items identified by the procuring agency during the goal setting process and listed in the procurement as possible items of work for performance by MBE/DBE Firms. It also may include additional portions of items of work the bidder/offeror identified for performance by MBE/DBE Firms to increase the likelihood that the MBE/DBE Goal(s) will be achieved. If the procurement does not include a list of Identified Items of Work, this term refers to all of the items of work the bidder/offeror identified as possible items of work for performance by MBE/DBE Firms and should include all reasonably identifiable work opportunities. MBE/DBE Firms – For State-funded contracts, “MBE/DBE Firms” refers to certified MBE Firms. Certified MBE Firms can participate in the State’s MBE Program. For federally-funded contracts, “MBE/DBE Firms” refers to certified DBE Firms. Certified DBE Firms can participate in the federal DBE Program.




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II. Types of Actions MDOT will Consider

The bidder/offeror is responsible for making relevant portions of the work available to MBE/DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE/DBE subcontractors and suppliers, so as to facilitate MBE/DBE participation. The following is a list of types of actions MDOT will consider as part of the bidder's/offeror’s Good Faith Efforts when the bidder/offeror fails to meet the MBE/DBE Goal(s). This list 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. A. Identify Bid Items as Work for MBE/DBE Firms

1. Identified Items of Work in Procurements (a) Certain procurements will include a list of bid items identified during the goal setting process as possible work

for performance by MBE/DBE Firms. If the procurement provides a list of Identified Items of Work, the bidder/offeror shall make all reasonable efforts to solicit quotes from MBE Firms or DBE Firms, whichever is appropriate, to perform that work.

(b) Bidders/Offerors may, and are encouraged to, select additional items of work to be performed by MBE/DBE

Firms to increase the likelihood that the MBEDBE Goal(s) will be achieved. 2. Identified Items of Work by Bidders/Offerors (a) When the procurement does not include a list of Identified Items of Work, bidders/offerors should reasonably

identify sufficient items of work to be performed by MBE/DBE Firms.

(b) Where appropriate, bidders/offerors should break out contract work items into economically feasible units to facilitate MBE/DBE participation, rather than perform these work items with their own forces. The ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder/offeror of the responsibility to make Good Faith Efforts.

B. Identify MBE Firms or DBE Firms to Solicit

1. DBE Firms Identified in Procurements

(a) Certain procurements will include a list of the DBE Firms identified during the goal setting process as available to perform the items of work. If the procurement provides a list of Identified DBE Firms, the bidder/offeror shall make all reasonable efforts to solicit those DBE firms.

(b) Bidders/offerors may, and are encouraged to, search the MBE/DBE Directory to identify additional DBEs who may be available to perform the items of work, such as DBEs certified or granted an expansion of services after the solicitation was issued.

2. MBE/DBE Firms Identified by Bidders/Offerors (a) When the procurement does not include a list of Identified MBE/DBE Firms, bidders/offerors should reasonably

identify the MBE Firms or DBE Firms, whichever is appropriate, that are available to perform the Identified Items of Work.

(b) Any MBE/DBE Firms identified as available by the bidder/offeror should be certified in the appropriate program

(MBE for State-funded procurements or DBE for federally-funded procurements) (c) Any MBE/DBE Firms identified as available by the bidder/offeror should be certified to perform the Identified

Items of Work.




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C. Solicit MBE/DBEs

1. Solicit all Identified Firms for all Identified Items of Work by providing written notice. The bidder/offeror should:

(a) provide the written solicitation at least 10 days prior to bid opening to allow sufficient time for the MBE/DBE Firms to respond;

(b) send the written solicitation by first-class mail, facsimile, or email using contact information in the MBE/DBE

Directory, unless the bidder/offeror has a valid basis for using different contact information; and

(c) provide adequate information about the plans, specifications, anticipated time schedule for portions of the work to be performed by the MBE/DBE, and other requirements of the contract to assist MBE/DBE Firms in responding. (This information may be provided by including hard copies in the written solicitation or by electronic means as described in C.3 below.) 2. “All” Identified Firms includes the DBEs listed in the procurement and any MBE/DBE Firms you identify as potentially available to perform the Identified Items of Work, but it does not include MBE/DBE Firms who are no longer certified to perform the work as of the date the bidder/offeror provides written solicitations. 3. “Electronic Means” includes, for example, information provided via a website or file transfer protocol (FTP) site containing the plans, specifications, and other requirements of the contract. If an interested MBE/DBE cannot access the information provided by electronic means, the bidder/offeror must make the information available in a manner that is accessible by the interested MBE/DBE. 4. Follow up on initial written solicitations by contacting DBEs to determine if they are interested. The follow up contact may be made: (a) by telephone using the contact information in the MBE/DBE Directory, unless the bidder/offeror has a valid basis for using different contact information; or (b) in writing via a method that differs from the method used for the initial written solicitation.

5. In addition to the written solicitation set forth in C.1 and the follow up required in C.4, use all other reasonable and available means to solicit the interest of MBE/DBE Firms certified to perform the work of the contract. Examples of other means include:

(a) attending any pre-bid meetings at which MBE/DBE Firms could be informed of contracting and subcontracting

opportunities;

(b) if recommended by the procurement, advertising with or effectively using the services of at least two minority focused entities or media, including trade associations, minority/women community organizations, minority/women contractors' groups, and local, state, and federal minority/women business assistance offices listed on the MDOT Office of Minority Business Enterprise website; and

(c) effectively using the services of other organizations, as allowed on a case-by-case basis and authorized in the

procurement, to provide assistance in the recruitment and placement of MBE/DBE Firms.

D. Negotiate With Interested MBE/DBE Firms Bidders/Offerors must negotiate in good faith with interested MBE/DBE Firms.

1. Evidence of negotiation includes, without limitation, the following: (a) the names, addresses, and telephone numbers of MBE/DBE Firms that were considered;




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(b) a description of the information provided regarding the plans and specifications for the work selected for

subcontracting and the means used to provide that information; and (c) evidence as to why additional agreements could not be reached for MBE/DBE Firms to perform the work. 2. A bidder/offeror using good business judgment would consider a number of factors in negotiating with

subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration.

3. The fact that there may be some additional costs involved in finding and using MBE/DBE Firms is not in itself

sufficient reason for a bidder's/offeror’s failure to meet the contract DBE goal, as long as such costs are reasonable. Factors to take into consideration when determining whether a MBE/DBE Firm’s quote is excessive or unreasonable include, without limitation, the following:

(a) the dollar difference between the MBE/DBE subcontractor’s quote and the average of the other subcontractors’ quotes received by the bidder/offeror;

(b) the percentage difference between the MBE/DBE subcontractor’s quote and the average of the other subcontractors’ quotes received by the bidder/offeror;

(c) the percentage that the DBE subcontractor’s quote represents of the overall contract amount;

(d) the number of MBE/DBE firms that the bidder/offeror solicited for that portion of the work;

(e) whether the work described in the MBE/DBE and Non-MBE/DBE subcontractor quotes (or portions thereof) submitted for review is the same or comparable; and

(f) the number of quotes received by the bidder/offeror for that portion of the work.

4. The above factors are not intended to be mandatory, exclusive, or exhaustive, and other evidence of an excessive or unreasonable price may be relevant.

5. The bidder/offeror may not use its price for self-performing work as a basis for rejecting a MBE/DBE Firm’s quote as excessive or unreasonable.

6. The “average of the other subcontractors’ quotes received by the” bidder/offeror refers to the average of the quotes received from all subcontractors, except that there should be quotes from at least three subcontractors, and there must be at least one quote from a MBE/DBE and one quote from a Non-MBE/DBE.

7. A bidder/offeror shall not reject a MBE/DBE Firm as unqualified without sound reasons based on a thorough investigation of the firm’s capabilities. For each certified MBE/DBE that is rejected as unqualified or that placed a subcontract quotation or offer that the bidder/offeror concludes is not acceptable, the bidder/offeror must provide a written detailed statement listing the reasons for this conclusion. The bidder/offeror also must document the steps taken to verify the capabilities of the MBE/DBE and Non-MBE/DBE Firms quoting similar work.

(a) The factors to take into consideration when assessing the capabilities of a MBE/DBE Firm, include, but are not limited to the following: financial capability, physical capacity to perform, available personnel and equipment, existing workload, experience performing the type of work, conduct and performance in previous contracts, and ability to meet reasonable contract requirements.




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(b) The MBE/DBE Firm’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 efforts to meet the project goal.

E. Assisting Interested MBE/DBE Firms When appropriate under the circumstances, the decision-maker will consider whether the bidder/offeror: 1. made reasonable efforts to assist interested MBE/DBE Firms in obtaining the bonding, lines of credit, or

insurance required by MDOT or the bidder/offeror; and 2. made reasonable efforts to assist interested MBE/DBE Firms in obtaining necessary equipment, supplies,

materials, or related assistance or services. III. Other Considerations In making a determination of Good Faith Efforts the decision-maker may consider engineering estimates, catalogue prices, general market availability and availability of certified MBE/DBE Firms in the area in which the work is to be performed, other bids or offers and subcontract bids or offers substantiating significant variances between certified MBE/DBE and Non-MBE/DBE costs of participation, and their impact on the overall cost of the contract to the State and any other relevant factors. The decision-maker may take into account whether a bidder/offeror decided to self-perform subcontract work with its own forces, especially where the self-performed work is Identified Items of Work in the procurement. The decision-maker also may take into account the performance of other bidders/offerors in meeting the contract. For example, when the apparent successful bidder/offeror fails to meet the contract goal, but others meet it, this reasonably raises the question of whether, with additional reasonable efforts, the apparent successful bidder/offeror could have met the goal. If the apparent successful bidder/offeror fails to meet the goal, but meets or exceeds the average MBE/DBE participation obtained by other bidders/offerors, this, when viewed in conjunction with other factors, could be evidence of the apparent successful bidder/offeror having made Good Faith Efforts. IV. Documenting Good Faith Efforts At a minimum, a bidder/offeror seeking a waiver of the MBE/DBE Goal(s) or a portion thereof must provide written documentation of its Good Faith Efforts, in accordance with COMAR 21.11.03.11, within 10 business days after receiving notice that it is the apparent awardee. The written documentation shall include the following: A. Items of Work (Complete Good Faith Efforts Documentation Form E, Part 2) A detailed statement of the efforts made to select portions of the work proposed to be performed by certified MBE/DBE Firms in order to increase the likelihood of achieving the stated MBE/DBE Goal(s). B. Outreach/Solicitation/Negotiation

1. The record of the bidder’s/offeror’s compliance with the outreach efforts prescribed by COMAR 21.11.03.09C(2)(a) through (e) and 49 C.F.R. Part 26, Appendix A. (Complete Outreach Efforts Compliance Statement)

2. A detailed statement of the efforts made to contact and negotiate with MBE/DBE Firms including:




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(a) the names, addresses, and telephone numbers of the MBE/DBE Firms who were contacted, with the dates and manner of contacts (letter, fax, email, telephone, etc.) (Complete Good Faith Efforts Form E, Part 3, and submit letters, fax cover sheets, emails, etc. documenting solicitations); and

(b) a description of the information provided to MBE/DBE Firms regarding the plans, specifications, and anticipated time schedule for portions of the work to be performed and the means used to provide that information.




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C. Rejected MBE/DBE Firms (Complete Good Faith Efforts Form E, Part 4)

1. For each MBE/DBE Firm that the bidder/offeror concludes is not acceptable or qualified, a detailed statement of the reasons for the bidder's/offeror’s conclusion, including the steps taken to verify the capabilities of the MBE/DBE and Non-MBE/DBE Firms quoting similar work.

2. For each certified MBE/DBE Firm that the bidder/offeror concludes has provided an excessive or unreasonable price, a detailed statement of the reasons for the bidder's/offeror’s conclusion, including the quotes received from all MBE/DBE and Non-MBE/DBE firms bidding on the same or comparable work. (Include copies of all quotes received.)

3. A list of MBE/DBE Firms contacted but found to be unavailable. This list should be accompanied by a Minority Contractor Unavailability Certificate signed by the MBE/DBE contractor or a statement from the bidder/offeror that the MBE/DBE contractor refused to sign the Minority Contractor Unavailability Certificate. D. Other Documentation

1. Submit any other documentation requested by the Procurement Officer to ascertain the bidder’s/offeror’s Good Faith Efforts.

2. Submit any other documentation the bidder/offeror believes will help the Procurement Officer ascertain its

Good Faith Efforts.




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PART 2 – CERTIFICATION REGARDING GOOD FAITH EFFORTS DOCUMENTATION PAGE __ OF ___ Prime Contractor Project Description Solicitation Number

PARTS 3, 4, AND 5 MUST BE INCLUDED WITH THIS CERTIFICATE ALONG WITH ALL DOCUMENTS SUPPORTING YOUR WAIVER REQUEST.

I hereby request a waiver of (1) the Minority Business Enterprise (MBE) participation goal and/or subgoal(s), (2) the Disadvantaged Business Enterprise (DBE) participation goal, or (3) a portion of the pertinent MBE/DBE participation goal and/or MBE subgoal(s) for this procurement.1 I affirm that I have reviewed the Good Faith Efforts Guidance MBE/DBE Form E. I further affirm under penalties of perjury that the contents of Parts 3, 4, and 5 of MDOT MBE/DBE Form E are true to the best of my knowledge, information and belief. ____________________________________ _______________________________________ Company Name Signature of Representative ____________________________________ _______________________________________ Address Printed Name and Title

____________________________________ _______________________________________ City, State and Zip Code Date

1 MBE participation goals and subgoals apply to State-funded procurements. DBE participation goals apply to federally-funded procurements. Federally-funded contracts do not have subgoals.




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PART 3 – IDENTIFIED ITEMS OF WORK BIDDER/OFFEROR MADE AVAILABLE TO MBE/DBE FIRMS

PAGE __ OF ___


Identify those items of work that the bidder/offeror made available to MBE/DBE Firms. This includes, where appropriate, those items the bidder/offeror identified and determined to subdivide into economically feasible units to facilitate the MBE/DBE participation. For each item listed, show the anticipated percentage of the total contract amount. It is the bidder’s/offeror’s responsibility to demonstrate that sufficient work to meet the goal was made available to MBE/DBE Firms, and the total percentage of the items of work identified for MBE/DBE participation equals or exceeds the percentage MBE/DBE goal set for the procurement. Note: If the procurement includes a list of bid items identified during the goal setting process as possible items of work for performance by MBE/DBE Firms, the bidder/offeror should make all of those items of work available to MBE/DBE Firms or explain why that item was not made available. If the bidder/offeror selects additional items of work to make available to MBE/DBE Firms, those additional items should also be included below.

Identified Items of Work Was this work listed in the procurement?

Does bidder/offeror normally self-perform this work?

Was this work made available to MBE/DBE Firms? If no, explain why?

□ Yes □ No □ Yes □ No □ Yes □ No










Please check if Additional Sheets are attached.




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PART 4 – IDENTIFIED MBE/DBE FIRMS AND RECORD OF SOLICITATIONS PAGE __ OF ___ Prime Contractor Project Description Solicitation Number

Identify the MBE/DBE Firms solicited to provide quotes for the Identified Items of Work made available for MBE/DBE participation. Include the name of the MBE/DBE Firm solicited, items of work for which bids/quotes were solicited, date and manner of initial and follow-up solicitations, whether the MBE/DBE provided a quote, and whether the MBE/DBE is being used to meet the MBE/DBE participation goal. MBE/DBE Firms used to meet the participation goal must be included on the MBE/DBE Participation Schedule, Form B. Note: If the procurement includes a list of the MBE/DBE Firms identified during the goal setting process as potentially available to perform the items of work, the bidder/offeror should solicit all of those MBE/DBE Firms or explain why a specific MBE/DBE was not solicited. If the bidder/offeror identifies additional MBE/DBE Firms who may be available to perform Identified Items of Work, those additional MBE/DBE Firms should also be included below. Copies of all written solicitations and documentation of follow-up calls to MBE/DBE Firms must be attached to this form. If the bidder/offeror used a Non-MBE/DBE or is self-performing the identified items of work, Part 4 must be completed. Name of Identified MBE/DBE Firm & MBE Classification

Describe Item of Work Solicited

Initial Solicitation Date & Method

Follow-up Solicitation Date & Method

Details for Follow-up Calls

Quote Rec’d

Quote Used

Reason Quote Rejected

Firm Name:

MBE Classification (Check only if requesting waiver of MBE subgoal.)

African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification

____________________

Date: □ Mail □ Facsimile □ Email

Date: □ Phone □ Mail □ Facsimile □ Email

Time of Call: Spoke With: □ Left Message

□ Yes □ No

□ Yes □ No

□ Used Other MBE/DBE □ Used Non-MBE/DBE □ Self-performing

Firm Name:

MBE Classification (Check only if requesting waiver of MBE subgoal.)

African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification

____________________

Date: □ Mail □ Facsimile □ Email

Date: □ Phone □ Mail □ Facsimile □ Email

Time of Call: Spoke With: □ Left Message

□ Yes □ No

□ Yes □ No

□ Used Other MBE/DBE □ Used Non-MBE/DBE □ Self-performing





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PART 5 – ADDITIONAL INFORMATION REGARDING REJECTED MBE/DBE QUOTES PAGE __ OF ___ Prime Contractor Project Description Solicitation Number

This form must be completed if Part 3 indicates that a MBE/DBE quote was rejected because the bidder/offeror is using a Non-MBE/DBE or is self-performing the Identified Items of Work. Provide the Identified Items Work, indicate whether the work will be self-performed or performed by a Non-MBE/DBE, and if applicable, state the name of the Non-MBE/DBE. Also include the names of all MBE/DBE and Non-MBE/DBE Firms that provided a quote and the amount of each quote. Describe Identified Items of Work Not Being Performed by MBE/DBE (Include spec/section number from bid)

Self-performing or Using Non-MBE/DBE (Provide name)

Amount of Non-MBE/DBE Quote

Name of Other Firms who Provided Quotes & Whether MBE/DBE or Non-MBE/DBE

Amount Quoted

Indicate Reason Why MBE/DBE Quote Rejected & Briefly Explain

□ Self-performing □ Using Non-MBE/DBE ________________

$_________

__________________ □ MBE/DBE □ Non-MBE/DBE

$__________

□ Price □ Capabilities □ Other


$_________

__________________ □ MBE/DBE □ Non- MBE/DBE

$__________



$_________


$__________


□ Self-performing □ Using Non- MBE/DBE ________________

$_________


$__________



$_________


$__________



$_________


$__________






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1 of 8 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, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, 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.




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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;

(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.

B-2. Certification Regarding Veteran-Owned Small Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, §14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran–owned small business enterprise in order to obtain or retain a bid preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;




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(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12; or

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(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of §B-2(1)—(5) of this regulation.

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:




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(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;

(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

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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;

(9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:

(a) §7201, Attempt to Evade or Defeat Tax;

(b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax,

(c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information,

(d) §7206, Fraud and False Statements, or




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(e) §7207 Fraudulent Returns, Statements, or Other Documents;

(10) Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States;

(11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;

(12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

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(i) Made in a contested case under the Maryland Administrative Procedure Act; and

(ii) Not overturned on judicial review;

(13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:

(a) A court:





(ii) Not overturned on judicial review;

(14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:

(a) A court:




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(ii) Not overturned on judicial review; or

(15) 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)—(14) of this regulation, 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):

____________________________________________________________

____________________________________________________________

___________________________________________________________.

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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, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).

____________________________________________________________

____________________________________________________________




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___________________________________________________________.

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




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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 free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted.

I. CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT: 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. CERTIFICATION REGARDING INVESTMENTS IN IRAN

(1) The undersigned certifies that, in accordance with State Finance and Procurement Article, §17-705, Annotated Code of Maryland:




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(a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland; and

(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland.

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2. The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities: ________________________________________________________

L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS)


The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law.

M. I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 CFR §260, that apply to claims about the environmental attributes of a product, package, or service in connection with the marketing, offering for sale, or sale of such item or service.

N. 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.




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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)

Rev. 4/3/2015




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1 of 3 BID GUARANTY

(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. FT-3005, Deck Sealing and Miscellaneous Rehabilitation to Bridges On I-395

And I-95 North of The Fort Mchenry Tunnel

_____________________________________________________________________; 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 guaranty.

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 guaranty 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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FOR JOINT VENTURE _____________________________ ___________________________________ Name Name _____________________________ ___________________________________ Street and/or P.O. Box Street and/or P.O. Box _____________________________ ___________________________________ City/State/Zip Code City/State/Zip Code _____________________________ ___________________________________ Fed. ID or SSN Fed. ID or SSN NAME OF JOINT VENTURE: _____________________________________ BY: _____________________________ WITNESS _________________________ Signature Date TITLE: __________________________ (SEAL) ____________________________ Signature Secretary’s Signature BY: _____________________________ WITNESS _________________________ Signature Date TITLE: __________________________ (SEAL) ____________________________ Signature Secretary’s Signature




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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 ________________________ 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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FOR JOINT VENTURE _____________________________ ___________________________________ Name Name _____________________________ ___________________________________ Street and/or P.O. Box Street and/or P.O. Box _____________________________ ___________________________________ City/State/Zip Code City/State/Zip Code _____________________________ ___________________________________ Fed. ID or SSN Fed. ID or SSN NAME OF JOINT VENTURE: _____________________________________ BY: _____________________________ WITNESS _________________________ Signature Date TITLE: __________________________ (SEAL) ____________________________ Signature Secretary’s Signature BY: _____________________________ WITNESS _________________________ Signature Date TITLE: __________________________ (SEAL) ____________________________ Signature Secretary’s Signature




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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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ESCROW ACCOUNT FOR RETAINED FUNDS

In accordance with Section 15-108 of the State Finance and Procurement Article of the Annotated Code of Maryland, a Contractor may elect to have funds that are retained pursuant to Section GP-9.03 of the General Provisions for Construction Contracts, paid to an Escrow Agent and held in an interest-earning Escrow Account.

If a Contractor or Bidder elects to utilize the Escrow Account Procedure, the Contractor or Bidder shall indicate such election in the space provided below. An Escrow Agreement must be signed by the Contractor, Contractor’s Surety, the Escrow Agent, and the Authority upon the execution of the Contract Documents. If a Contractor fails to indicate an election or refuses the election, the Contractor shall forfeit rights to the use of the Escrow Account.

Funds withheld for lack of progress or other Contractor violations may not be paid to the Escrow Agent. Retained Funds may be released only as directed by the Authority.

At the time of final payment, the Authority shall direct the Escrow Agent to settle the Escrow Account by paying funds from the Escrow Account as follows:

1. To the Authority for any claim it may have against the Contractor under this contract.

2. Unless waived by the Board of Public Works, to the Comptroller for any claim over $50 against the Contractor by the State, a unit, or a state-controlled governmental entity; and

3. To the Contractor.

The Contractor shall be liable to the Escrow Agent for the payment of fees and charges in connection with the establishment and maintenance of the Escrow Account. CHECK ONE: _______ Contractor elects to utilize an Escrow Account for Retained Funds _______ Contractor DOES NOT elect to utilize an Escrow Account for Retained Funds Contractor: _____________________ By: _________________________ Date: _____________________ Title: ________________________




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294

1 of 5 CONTRACT AFFIDAVIT

Contract Number:

A. AUTHORITY

I HEREBY AFFIRM THAT: I, _______________________________ (name of affiant) am the ______________________________ (title) and duly authorized representative of _______________________________________________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT: The business named above is a (check applicable box):

(1) Corporation — domestic or foreign; (2) Limited Liability Company — domestic or foreign; (3) Partnership — domestic or foreign; (4) Statutory Trust — domestic or foreign; (5) Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name and Department ID Number: _____________________________Address:_______________________________




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2 of 5 and that if it does business under a trade name, it has filed a certificate with the State Department

of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:

Name and Department ID Number: ____________________________________________ Address:__________________________________________________.

C. FINANCIAL DISCLOSURE AFFIRMATION


I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION


I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a procurement contract, with the State, a county a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a government entity in the amount of $200,000 or more shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31. E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this




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certification would be inappropriate in connection with the law enforcement agency’s undercover operations.)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its bid or offer, the business, if other than an individual, certifies and

agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b) Publish a statement notifying its employees that the unlawful manufacture,

distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone who the business knows, or in the

exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime

that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace; (ii) The business's policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee

assistance programs; and (iv) The penalties that may be imposed upon employees who abuse drugs and

alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;




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4 of 5 (h) Notify its employees in the statement required by §E(2)(b), above, that as a condition

of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an

offense occurring in the workplace not later than 5 days after a conviction;

(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including

termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol

abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), above.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and

this certification; (b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause

to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection

with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.




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F. CERTAIN AFFIRMATIONS VALID


To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated July 8, 2015 and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

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: __________________________ (printed name of Authorized Representative and Affiant) _ _________________________ (signature of Authorized Representative and Affiant)




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Vendor Electronic Funds Transfer (EFT)

Registration Request Form

Please submit this form

to: Maryland

Transportation

Authority Attn: Finance Division 2310 Broening Hwy. Baltimore, MD 21224

Company name and address

Company Name Tax ID:

Address 1

Address 2

Do you want to receive your

payments electronically?

Yes No

City State ZIP

Financial institution information: Please enter the information below or attach a voided check

Please retain a copy of this form for your records. Bank Name

Bank Address

Allow 30 days for us to process your request. Be sure to notify us of any changes to your banking information

City State ZIP

ABA Number

Account No.

Checking

Money Market

Savings




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I am authorized by this company to make the representations contained in this document. This company authorizes the Maryland Transportation Authority to register it for electronic funds transfer (EFT) using the information contained in and attached to this registration form. This company agrees to receive all funds from the Maryland Transportation Authority by electronic funds transfer according to the terms of the EFT program. This company agrees to return to the Maryland Transportation Authority any EFT payment incorrectly disbursed by the Maryland Transportation Authority to this company's account. This company agrees to hold harmless the State of Maryland and its agencies and departments for any delays or errors caused by inaccurate or outdated registration information or by the financial institution listed above. Initiate all disbursements via EFT to the above account.

Signature of individual, company treasurer, controller, or chief financial officer

Date

Remittance advice email addresses:

Printed Name 1 Telephone Number 2

MdTA Dept. of Finance 6/4/2008




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1 of 3 SMALL BUSINESS PREFERENCE AFFIDAVIT

I,_________________________(type or print your name legibly), affirm to the State of Maryland that:

1. I am the _____________________________(type or print legibly your title, office, or capacity) of ________________(type or print legibly the correct and complete company name) hereinafter referred to as the "Business."

2. The Business is:

(a) a for-profit enterprise;

(b) not a broker, as defined in COMAR 21.01.02.01B(13-1);

(c) independently owned and operated;

(d) not a subsidiary of another business; and

(e) not dominant in its field of operation.

(f) With respect to employees, either:

(i) The wholesale operations of the Business did not employ more than 50 persons in its most recently completed 3 fiscal years;*

(ii) The retail operations of the Business did not employ more than 25 persons in its most recently completed 3 fiscal years; *

(iii)The manufacturing operations of the Business did not employ more than 100 persons in its most recently completed 3 fiscal years; *

(iv) The service operations of the Business did not employ more than 100 persons in its most recently completed 3 fiscal years; *

(v) The construction operations of the Business did not employ more than 50 persons in its most recently completed 3 fiscal years; and *

(vi) The architect and engineering services of the Business did not employ more than 100 persons, in its most recently completed 3 fiscal years; or*

(g) With respect to gross sales:

(i) The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years; *




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(ii) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years; *

(iii) The gross sales of its manufacturing operations did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years; *

(iv) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years; *

(v) The gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and *

(vi) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years. *

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

3. For small businesses claiming an additional percentage preference for being veteran-owned (2%) or disabled-veteran-owned (3%), initial next to the applicable statement:

The business is at least 51% owned and controlled by one or more individuals who are veterans as efined in 38 U.S.C. §101(2) and who are domiciled in Maryland.

Or

The business is at least 51% owned and controlled by one or more individuals who are disabled veterans domiciled in Maryland and who have been certified by the U.S. Department of Veterans Affairs as having a service-connected disability regardless of the disability rating.

4. I am fully authorized by the Business to provide this Affidavit.

5. Upon request of the State of Maryland, the Business promises to provide the State promptly with copies of the complete federal and state (all states in which the Business filed returns) income tax returns for the most recently completed 3 fiscal years of the Business.

6. I understand that the State of Maryland may rely upon this affidavit and that if the information provided by me in this certification is false I may be subject to criminal prosecution for perjury, procurement fraud, and other crimes and any contract awarded to the Business in reliance upon this Affidavit may be void or subject to termination for default.




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UNDER PENALTIES OF PERJURY, I hereby swear that the matters stated in this Affidavit are true.

_______________________________(Date) _______________________________ Signature

Type or print name legibly _________________________________________

Penalties for Submitting False Information. If information provided by the business in the affidavit or by other means is materially false, the bidder or offeror and the individual providing the false information may be subject to criminal prosecution for perjury, procurement fraud, and other crimes and may be subject to debarment, and all contract awards to the business in reliance upon the inaccurate affidavit or other information may be void or subject to termination for default.

SMALL BUSINESS CERTIFICATION NUMBER __________

Date of Most Recent Qualification __________




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1 of 3 VETERAN-OWNED SMALL BUSINESS ENTERPRISE (VSBE) FORM

Veteran-Owned Small Business Enterprise (VSBE) Utilization Affidavit (Submit with bid or offer)

This document MUST BE included with the bid. If the Bidder fails to complete and submit this form with the bid, the Procurement Officer may determine that the bid is non-responsive. In conjunction with the bid submitted in response to Solicitation No. FT-3005-0000, I affirm the following: 1. I acknowledge and intend to meet the overall verified VSBE participation goal of

One Percent (1%). Therefore, I will not be seeking a waiver.

OR I conclude that I am unable to achieve the VSBE participation goal. I hereby request a

waiver, in whole or in part, of the overall goal. Within ten (10) business days of receiving notice that our firm is the apparent awardee, I will submit all required waiver documentation in accordance with COMAR 21.11.13.07.

2. I understand that if I am notified that I am the apparent awardee, I must submit the following

additional documentation within ten (10) working days of receiving notice of the apparent award or from the date of conditional award (per COMAR 21.11.13.06), whichever is earlier.

VSBE Participation Statement; and Any other documentation, including waiver documentation, if applicable, required by the

Procurement Officer to ascertain bidder responsibility in connection with the VSBE participation goal.

I understand that if I fail to return each completed document within the required time, the Procurement Officer may determine that I am not responsible and therefore not eligible for contract award. If the contract has already been awarded, the award is voidable.




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3. In the solicitation of subcontract quotations or offers, VSBE subcontractors were provided not less than the same information and amount of time to respond as were non-VSBE subcontractors.

4. Set forth below are the (i) verified VSBEs I intend to use and (ii) the percentage of the total

contract amount allocated to each VSBE for this project. I hereby affirm that the VSBE firms are only providing those products and services for which they are verified.

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Prime Contractor: (Firm Name, Address, Phone)

Project Description:

Project number: Name of Veteran-Owned Firm Percentage of Total Contract

DUNS Number

Name of Veteran-Owned Firm Percentage of Total Contract

DUNS Number


DUNS Number


DUNS Number


DUNS Number

Continue on a separate page, if needed.

SUMMARY

Total VSBE Participation: _____ % I solemnly affirm under the penalties of perjury that the contents of this Affidavit are true to the best of my knowledge, information, and belief. _____________________________________ _______________________________ Bidder Name Signature of Affiant




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(PLEASE PRINT OR TYPE) NAME: _____________________________ TITLE: _____________________________ DATE: ______________________________

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VSBE Participation Schedule Please complete and submit one form for each verified VSBE listed on the VSBE Utilization Affidavit within

10 working days of notification of apparent award.

_________________________ (prime contractor) has entered into a contract with _________________________ (subcontractor) to provide services in connection with the Solicitation described below.

Prime Contractor Address and Phone Project Description

Project Number Total Contract Amount $

Name of Veteran-Owned Firm DUNS Number

Work To Be Performed

Percentage of Total Contract

The undersigned Prime Contractor and Subcontractor hereby certify and agree that they have fully complied with the State Veteran-Owned Small Business Enterprise law, State Finance and Procurement Article, Title 14, Subtitle 6, Annotated Code of Maryland. PRIME CONTRACTOR SIGNATURE SUBCONTRACTOR SIGNATURE By: ________________________________ By: _________________________________




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Name, Title Name, Title

Date

Date




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1 of 5 STATE OF MARYLAND

DEPARTMENT OF LABOR, LICENSING AND REGULATION DIVISION OF LABOR AND INDUSTRY PREVAILING WAGE SECTION

1100 N. Eutaw Street, Room 607 Baltimore, MD 21201 (410) 767-2342

PREVAILING WAGE INSTRUCTIONS FOR THE CONTRACTOR & SUBCONTRACTOR

The Contractor shall electronically submit completed copies of certified payroll records to the Commissioner of Labor & Industry, Prevailing Wage Unit by going on-line to www.dllr.state.md.us/prevwage and following the instructions for submitting payroll information (NOTE: A contractor must register prior to submitting on –line certified payroll information).

If you have technical questions regarding electronic submittal, contact the Department at [email protected].

All certified payroll records shall have an accurate week beginning and ending date. The Contractor shall be responsible for certifying and submitting to the Commissioner of Labor and Industry, Prevailing Wage Unit all of their subcontractors' payroll records covering work performed directly at the work site. By certifying the payroll records, the Contractor is attesting to the fact that the wage rates contained in the payroll records are not less than those established by the Commissioner as set forth in the Contract, the classification set forth for each worker or apprentice conforms with the work performed, and the Contractor or subcontractor has complied with the provisions of the law.

A Contractor or subcontractor may make deductions that are (1) required by law; (2) required by a collective bargaining agreement between a bona fide labor organization and the Contractor or subcontractor; or (3) contained in a written agreement between an employee and an employer undertaken at the beginning of employment, if the agreement is submitted by the employer to the public body awarding the public work and is approved by the public body as fair and reasonable.

A Contractor or subcontractor is required to submit information on -line on their fringe benefit packages including list of fringe benefits for each craft employed by the Contractor or subcontractor, by benefit and hourly amount Where fringe benefits are paid in cash to the employee or to an approved plan, fund, or program, the contribution is required to be indicated.

Payroll records must be electronically submitted and received within 14 calendar days after the end of each payroll period. If the Contractor is delinquent in submitting payroll records, processing of partial payment estimates may be held in abeyance pending receipt of the records. In addition, if the Contractor is delinquent in submitting the payroll records, the Contractor shall be liable to the contracting public body for liquidated damages. The liquidated damages are $10.00 for each calendar day the records are late. Only apprentices registered with the Maryland Apprenticeship and Training Council shall be employed on prevailing wage projects. Apprentices shall be paid a percentage of the determined journey person's wage for the specific craft.




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2 of 5 PREVAILING WAGE INSTRUCTIONS FOR THE CONTRACTOR & SUBCONTRACTOR [con’t]

Overtime rates shall be paid by the Contractor and any subcontractors under its contracts and agreements with their employees which in no event shall be less than time and one-half the prevailing hourly rate of wages for all hours worked in excess of ten (10) hours in any one calendar day; in excess of forty (40) hours per workweek; and work performed on Sundays and legal holidays. Contractors and subcontractors employing a classification of worker for which a wage rate was not issued SHALL notify the Commissioner of Labor & Industry, Prevailing Wage Unit, for the purpose of obtaining the wage rate for said classification PRIOR TO BEING EMPLOYED on the project. To obtain a prevailing wage rate which was NOT listed on the Wage Determination, a Contractor or subcontractor can look on the DLLR webpage under prevailing wage. Contractors and subcontractors shall maintain a valid copy of proper State and county licenses that permit the Contractor and a subcontractor to perform construction work in the State of Maryland. These licenses must be retained at the worksite and available for review upon request by the Commissioner of Labor and Industry’s designee. Under the Maryland Apprenticeship and Training Council requirements, consistent with proper supervision, training and continuity of employment and applicable provisions in collective bargaining agreements, a ratio of one journey person regularly employed to one apprentice shall be allowed. No deviation from this ratio shall be permitted without prior written approval from the Maryland Apprenticeship and Training Council. Laborers may NOT assist mechanics in the performance of the mechanic's work, NOR USE TOOLS peculiar to established trades. ALL Contractors and subcontractors shall employ only competent workers and apprentices and may NOT employ any individual classified as a HELPER or TRAINEE on a prevailing wage project. In 2009, the State Apprenticeship and Training Fund law was enacted, and the Department is in the process of implementation. See §17-601-17-606, State Finance and Procurement Article, Annotated Code of Maryland. There is no obligation to make contributions under this law at this time. However, the Department anticipates that obligations under this law will be required beginning in the spring of 2013. You will receive notice prior to when the obligations will become due. Once implemented, this law will require that Contractors and certain subcontractors performing work on certain public work contracts are required to make contributions toward apprenticeship. Contractors and subcontractors will have three options where they can choose to make their contributions: ( 1) participate in a registered apprenticeship training program; (2) contribute to an organization that has a registered apprenticeship training program; or (3) contribute to the State Apprenticeship and Training Fund.

For additional information, contact: Division of Labor and Industry

Maryland Apprenticeship and Training 1100 North Eutaw Street, Room 606

Baltimore, Maryland 21201 (410) 767-2246 E-Mail Address: [email protected]




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ATTENTION IMPORTANT CHANGE TO CERTIFIED PAYROLL RECORD SUBMITTAL

Effective November 26, 2012, the Division of Labor and Industry, Prevailing

Wage Unit is requiring that all certified payroll records be submitted electronically. The regulation addressing this change can be found at COMAR 21.11.11.02. Please note that paper copies of certified payroll records will no longer be accepted.

For more information, go online to www.dllr.state.md.us/prevwage and follow

the instructions for registering and start submitting certified payroll records.

In addition, enclosed are step by step instructions how to register and how to submit. If you have further questions, please contact Mr. Edward Poarch, Director of Maryland Apprenticeship and Training, Administrator of Prevailing Wage Unit, at 410.767.2394 or via email at [email protected] or Mrs. Katrina Williams, Prevailing Wage Unit, at 410.767.2365 or via email at [email protected].

PHONE: 410.767.2342 FAX: 410.333.7303 www.dllr.maryland.gov/labor/prev.html

LARRY HOGAN, GOVERNOR . BOYD K. RUTHERFORD, LT. GOVERNOR . KELLY M. SCHULZ, SECRETARY

PREVAILING WAGE SERVICE 1100 N. EUTAW STREET, ROOM 607

BALTIMORE, MD 21201

E-mail: [email protected]




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4 of 5 Instructions for Registering and Submitting Certified Payroll Records

I. REGISTRATION NOTE: YOU MUST HAVE YOUR FEIN OR EIN, EMAIL ADDRESS AND COMPANY INFORMATION BEFORE YOU START THE REGISTRATION PROCESS Follow these steps to register:

Go to: www.dllr.state.md.us/PrevWage/PWRequestRates.aspx Click on Register Choose the correct link for registration, either Contractor Registration or Subcontractor Registration Insert FEIN or EIN. (No symbols or dashes) Click Submit Fill in all required boxes and create your own username Click Submit **Successful REGISTRATION will be indicated in GREEN at the top of the screen. To set your password: Locate temporary password in the email account given during registration Highlight and copy the password Return to the Prevailing Wage Homepage Click Log-In Insert Username Paste password Click on Log-in ***NOTE: If you forget your password, click on the link: “I forgot my password” and you will be emailed another temporary password. (Repeat above steps) The Homepage will now have additional links in the menu column Click Personnel Click My Details Change your password Re-enter new password Click Update **Successful submission will be indicated in GREEN at the top of the screen

II. SUBMITTAL OF CERTIFIED PAYROLL RECORDS

Once you have successfully registered, you can proceed with the submittal of payroll records electronically by following these steps:

1. Sign-In Log In with Username and Password Select certified payroll Click: Manual Payroll Submit (FEIN already entered) Select Type Choose Certified Payroll Entry or Amended Payroll Entry if a change to a previous submittal Enter Determination Number Click Submit Enter Payroll Week Start Date and Week Ending Date (mm/dd/yyyy format) Click Submit Choose Yes if there is a payroll to submit for the week Click Log Payroll Session




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2. Enter Worker Data Enter employee’s full social security number (No dashes or spaces) Enter employee’s complete name and address Choose Yes if the employee is an apprentice or Foreman/Superintendent Click on classification drop box Choose the correct classification for the employee Click submit

3. Enter Payroll Hours on Prevailing Wage Work Sites Only

Enter all straight time (ST) and overtime (OT) hours worked. Enter Hourly Fringes Enter Gross Pay Click Submit ***NOTE: If the employer does not have a bona fide benefit package for employees, the fringe amount MUST be added to the wages and ENTER in column for Cash in Lieu of Fringe Benefit

4. Enter Deductions Enter all deductions for employee Enter Net Pay Choose 1099 if the employee does not have deductions. Click Submit

5. Enter Fringe Benefits Enter all fringe benefits for the employee

6. Prepare to Submit Choose Back to Edit this Payroll Record if there are corrections to be made to the completed payroll record. Choose Add Next Payroll Record if there are other employees to enter FINALLY, choose Submit Payroll Data if you have completed payroll session.

NOTE: This is a reporting system for compliance with the State’s prevailing wage law. IT IS NOT AN ACCOUNTING SYSTEM, IT IS A REPORTING SYSTEM.




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STATE OF MARYLAND NOTICE TO VENDORS/CONTRACTORS

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding the enclosed solicitation. Please return your comments with your proposals. If you have chosen not to bid on this contract, please email this completed form to [email protected] and cc: [email protected].

Project No. FT-3005-0000 Project Title: Deck Sealing and Miscellaneous Rehabilitation to Bridges On I-395 and I-95 North of

The Fort McHenry Tunnel. 1. If you have responded with a "no bid", please indicate the reason(s) below: ( ) Other commitments preclude our participation at this time.

( ) The subject of the solicitation is not something we ordinarily provide. ( ) We are inexperienced in the work/commodities required. ( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.) ( ) The scope of work is beyond our present capacity. ( ) Doing business with Maryland Government is simply too complicated. (Explain in REMARKS section.) ( ) We cannot be competitive. (Explain in REMARKS section.) ( ) Time allotted for completion of the bid is insufficient. ( ) Start-up time is insufficient. ( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.) ( ) Bid requirements (other than specifications) are unreasonable or too risky. (Explain in REMARKS section.) ( ) MBE requirements. (Explain in REMARKS section.) ( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.) ( ) Payment schedule too slow. ( ) Other: ___________________________________________________________ 2. If you have submitted a bid, but wish to offer suggestions or express concerns, please use the Remarks section below. (Use reverse or attach additional pages as needed.) REMARKS: ________________________________________________________________________ Contractors Name: ___________________________________ Date: ________________ Contact Person: _____________________________________ Phone: (____) _____ - ______ Address:_____________________________________________________________________




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1 of 6 CONTRACT PROVISIONS

APPRENTICESHIP TRAINING FUND Effective July 1, 2013 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 State Apprenticeship Training Fund requires contractors and some subcontractors on public work contracts to make contributions to: (1) a registered apprenticeship program, (2) an organization that operates registered programs, or (3) the State Apprenticeship Training Fund. 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.

Hourly Contribution Rate.

(a) If a contractor participates in an apprenticeship training program for each covered craft, the contractor satisfies their obligation under State Finance and Procurement Article, §17-603(a)(1), Annotated Code of Maryland, by making contributions of at least 25 cents per person per hour. 05-07-13




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2 of 6 (b) If a subcontractor participates in an apprenticeship training program for each covered craft, the

subcontractor satisfies their obligation under State Finance and Procurement Article, §17-604(a)(1), Annotated Code of Maryland, by making contributions of at least 25 cents per person per hour.

(c) Contractors and subcontractors that do not participate in an apprenticeship training program

shall pay at least 25 cents per person per hour for each employee in each covered craft on the prevailing wage project to a registered apprenticeship program, an organization that has a registered apprenticeship program, or the Fund.

(d) Contractors and subcontractors who make contributions to the Fund shall do so on a monthly

basis. (e) Contractors and subcontractors who make contributions to a registered apprenticeship

program or an organization that has a registered apprenticeship program shall make contributions on a monthly basis or consistent with a collective bargaining agreement or other contractual arrangement.

(f) If there is a prevailing wage determination that includes a fringe benefit contribution for

apprenticeship that exceeds 25 cents per hour, a contractor or subcontractor that makes contributions to the Fund shall pay to the employee wages in the amount that the fringe benefit contribution for apprenticeship exceeds 25 cents per hour.

Contractor and Subcontractor Registration. (a) Contractors performing work on a prevailing wage project shall complete the registration

process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(b) Subcontractors who are performing work valued at $100,000 or more on a prevailing wage

project shall complete the registration process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(c) Prior to the commencement of work, a registered contractor or registered subcontractor shall

log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage and complete the required project log information including:

(1) The prevailing wage project number;

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(3) Identification of subcontractors to perform work on the project and subcontract value

amount; (4) Designation of the program or Fund where the contractor or subcontractor will make

contributions; and (5) Any other information that the Commissioner requires.

Contractor and Subcontractor Notification to Subcontractors.

(a) Contractors and subcontractors who hire subcontractors performing work valued at $100,000 or more on a public work contract subject to the Maryland Prevailing Wage Law shall provide the subcontractors with written notice of the following requirements:

(1) Subcontractors shall complete the registration process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage;

(2) Prior to the commencement of work, a subcontractor shall log onto the Division of Labor

and Industry’s website at https://www.dllr.state.md.us/prevwage and complete the required project log information including:

(a) The prevailing wage project number; (b) Contract value; (c) Identification of all subcontractors to perform work on the project and subcontract

value amount; (d) Designation of the program or Fund where the subcontractor will make

contributions; and (e) Any other information that the Commissioner requires; and (f) 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 each employee employed in classifications listed on the prevailing wage determination.

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(b) Contractors and subcontractors shall retain a copy of the written notice required in §A of this regulation that was provided to covered subcontractors for inspection and review by the Commissioner for 3 years after the completion of their work on a public work project.

Contractor and Subcontractor Obligations Related to Contributions. Contractors and subcontractors are required to:

(a) Indicate on their prevailing wage payroll record their contributions under State Finance and

Procurement Article, §17-603 or 17-604, Annotated Code of Maryland; and (b) Certify that the contributions were received by an approved apprenticeship program or the

Fund.

Notification to Division of Labor and Industry of Changes to Designated Approved Apprenticeship Programs or Fund.

(a) Contractors and subcontractors shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage and indicate each approved apprenticeship program or the Fund to which it will make contributions.

(b) If a contractor or subcontractor intends to change a designation, it shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage to indicate the change in designation 30 days prior to that change.

Approved Apprenticeship Program Obligations.

(a) Upon notice from the Division of Labor and Industry that the approved apprenticeship program has been designated for contributions by a contractor or subcontractor, an approved apprenticeship program shall register on the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(b) An approved apprenticeship program shall complete the requested information on contributions received from contractors and subcontractors for each covered craft for each prevailing wage project at the Division of Labor and Industry’s website at http://www.dllr.state.md.us/prevwage on or before the last day of the month immediately following each calendar quarter.

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

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Audit of an Approved Apprenticeship Program. The Commissioner may require an independent audit by a certified public accountant of an approved apprenticeship program to verify that contributions received are used consistent with this subtitle. Enforcement Procedures.

(a) The Commissioner may investigate whether State Finance and Procurement Article, Title 17, Subtitle 6, 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 State Finance and Procurement Article, Title 17, Subtitle 6, Annotated Code of Maryland, or a regulation adopted to carry out the title, the Commissioner shall issue an administrative charge 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 administrative charge, the Commissioner shall send a copy of the administrative charge to the alleged violator by certified mail with notice of the opportunity to request a hearing.

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

(g) If a hearing is not requested within 15 days, the administrative charge, 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 State Government Article, Title 10, Subtitle 2, 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; or (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 §I of this regulation, with or without a hearing on the record, the Commissioner shall issue an order that affirms, modifies, or vacates the proposed decision.

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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 L” 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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2 of 17 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; age; race; color; religion; creed; marital status; national origin; sex; ancestry; sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability; except where sex, disability 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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7 of 17 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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9 of 17 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.

1. Investigations of all complaints of alleged discrimination attempts in 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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14 of 17 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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16 of 17 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:

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

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

minority/female employment opportunities.

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

d 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 every month 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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17 of 17 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. Broker – An agent of a buyer who sells stocks, bonds, commodities, or services, usually on a commission basis. 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. Commercially Useful Function – as per COMAR 21.11.03.12-1 a certified MBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved: and with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. Director, Division of Civil Rights and Fair Practices – 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. Manufacturer – A firm that produces a product from raw materials or substantially alters a previously manufactured product by operating or maintaining a factory or establishment that produces or alters on the premises.




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Manufacturer Representative – A business that transfers title of a product from a manufacturer to an ultimate purchaser (e.g., a sales representative who invoices a product from the producing company to the contractors). 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. 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 MDOT MBE Form A, MBE Utilization Affidavit and MDOT MBE Form B, 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 MBE Form C, Outreach Efforts Compliance Statement, MDOT MBE Form D, Subcontractor Project Participation Affidavit; MDOT MBE Form E, Good Faith Efforts Guidance and Documentation; and the Minority Contractor Unavailability Certificate (Form D-005). 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;




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3 of 12 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.

Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as cement, gravel, stone and petroleum need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this section. A regular dealer must be engaged in selling the product in question to the public. This is important in distinguishing a Regular Dealer, which has a regular trade with a variety of customers, from a firm which performs supply-like functions on an ad-hoc basis or for only one or two contractors with whom it has a special relationship. A business that simply transfer title of a product from manufacturer to ultimate purchaser (e.g. broker or sales representative who re-invoices a product from the producing company to the recipient or contractor) or a firm that puts a product in a container for deliver would not be considered a Regular Dealer. A supplier of bulk goods may qualify as a regular dealer if it either maintains an inventory or owns or operates distribution equipment. With respect to the distribution equipment (e.g. a fleet of trucks), the term “operates” is intended to cover a situation in which the supplier leases the equipment on a regular basis for its entire business. It is not intended to cover a situation in the firm simply provides drivers for trucks owned or leased by another party, (e.g., a prime contractor) or leases such as party’s trucks on an ad-hoc basis for a specific job. Supplier – A regular dealer, who owns, operates, or maintains a store, warehouse, or other establishment in which the material or supplies required for the performance of a contract are placed, kept in stock, and regularly sold to the public in the usual course of business.




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4 of 12 The supplier must perform a commercially useful function consistent with normal industry practices. To be a regular dealer, the firm must engage in, as its principal businesses, and in its own name, the purchase and sale of the products in question.

A supplier of bulk goods (Cement, gravel, stone, and petroleum products) may qualify as a regular dealer if it either maintains an inventory or owns or operates distribution equipment. With respect to the distribution equipment (A fleet of trucks), the term “operates” is intended to cover a situation in which the supplier leases the equipment on a regular basis for its entire business. It is not intended to cover a situation in which the firm simply provides drivers for trucks owned or leased by another party, (such as a prime contractor) or leases such a party’s trucks on an ad-hoc basis for a specific job. Third Tier Contracting – The process in which a prime contractor subcontracts a portion of an original contract to a subcontractor who in turn subcontracts a portion of a subcontract to a third party. This latter action is termed entering into a third tier contract agreement. B. MBE and Good Faith Effort Requirements

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

2. In Accordance to COMAR 21.11.03.10;C(2) In making a good faith effort to achieve the MBE goal, prior to completing MDOT MBE Form A, Certified MBE Utilization and Fair Solicitation Affidavit and MDOT MBE Form B, 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




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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 Twenty-Nine Percent (29%) 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 Seven Percent (7%) percent participation by firms classified as African American-owned firms, a sub-goal of Zero Percent (0%) percent participation by firms classified as Woman-owned firms, a sub-goal of a minimum of Zero Percent (0%) percent participation by firms classified as Hispanic American-owned firms, and a sub-goal of a minimum of Four Percent (4%) 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: a. The name of an employee designated as the bidder’s Minority Business Liaison Officer. b. A complete MDOT MBE Form D, MBE Subcontractor Project Participation Affidavit,

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, MDOT MBE Form D MBE Subcontractor Project Participation Affidavit submitted after the opening of bids or proposals shall include all MBE firms identified on MDOT MBE Form B, 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. MDOT MBE Form D, MBE Subcontractor Project Participation Affidavit shall be completed and signed by the Bidder and MBE for each business listed in MBE Form B, MBE Participation Schedule.

c. A completed MDOT MBE Form C, Outreach Efforts Compliance Statement.




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5. 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.

6. 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 MDOT MBE Form A, Certified Utilization and Fair Solicitation Affidavit, submitted with the bid or initial proposal. To obtain approval of a waiver, the bidder shall submit a complete MDOT MBE Form E, Good Faith Efforts Guidance and Documentation, and any other supporting documentation.

7. 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.

8. Bidder Records

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

9. 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.

10. Bidder MBE Modifications During the life of the Contract, all plans to modify the approved MBE participation program will require the approval of the Executive Director 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 Director of Civil Rights and Fair Practices.

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.




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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 monthly 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 reports shall be due on the 15th calendar day of every month. 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 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. Consent to provide such documentation as reasonably requested and to provide right-of-

entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations.

5. At the option of the procurement agency, upon completion of the contract and before final

payment and/or release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.




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6. Upon request for the procuring agency or MBE Compliance Office, the bidder/contractor

will submit copies of cancelled checks, if those documents are needed to resolve payment disputes.

7. 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 judgment 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.

2. 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 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.




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9 of 12 3. Liquidated Damages. The Contract that will result from the solicitation will require the

Contractor to make good faith efforts to comply with the Minority Business Enterprise (“MBE”) Program and Contract provisions. The MDTA and the Contractor acknowledge and agree that the State will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision and that liquidated damages present a fair, reasonable, and appropriate estimation of damages. Therefore, upon a determination by the MDTA that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or Contract provisions and without the MDTA being required to present any evidence of the amount or character of actual damages sustained, the Contractor agrees to pay liquidated damages to the MDTA at the rates set forth below. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty. The Contractor expressly agrees that the MDTA may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of such violation.

A. Failure to submit each monthly payment report in full compliance with COMAR

21.11.03.13B (3): $23.00 per day until the monthly report is submitted as required.

B. Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $82.00 per MBE subcontractor.

C. Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing

the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the contract.

D. Failure to meet the Contractor’s total MBE participation goal and subgoal

commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

Notwithstanding the use of liquidated damages, the MDTA reserves the right to terminate the contract and exercise all other rights and remedies provided in the contract or by law.




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E. SUBCONTRACTING

Subcontracting by the Prime Contractor. MDOT MBE Form B, Fair Solicitation Affidavit 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. Form Acquisitions. MDOT MBE Form B, Fair Solicitation Affidavit may be acquired through the Division of Procurement. All questions should be directed to the Compliance Officer or the Records Specialist.

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 MBE Compliance Officer.

F. MBE COMPLIANCE FIELD MEETING A MBE Compliance Field Meeting will be conducted to review the responsibilities of the Administration and the Contractor’s personnel relative to MBE Compliance and documentation. The meeting will be held within two weeks after starting work on the project. The Compliance Officer, who will notify the following of the date, time, and location, will arrange the meeting. At least one week advanced notice will be required.

a. Administrative Representatives. i. MBE Compliance Officer

ii. MBE Field Compliance Officer iii. DLLR Representative iv. Construction Project Manager

b. Contract Representatives.

i. Superintendent- Prime Contractor ii. MBE Liaison – Prime Contractor

iii. Owner/Superintendent/Foreman - MBE Subcontractor The Compliance Officer and Project Engineer will jointly conduct the meeting. The Contractor shall notify the appropriate subcontractors and ensure their attendance.




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G. STRUCTURAL STEEL POLICY STATEMENT The Maryland Department of Transportation is committed to providing the maximum amount of contracting opportunities to certified Minority Business Enterprises (MBEs). The previously established policy excluded the consideration of the cost of supply structural steel for MBE participation since there were no structural steel manufacturers certified by MDOT. This exemption is no longer applicable since MBE firms have been certified under this category. The Administration reserves the right to verify the accuracy of the dollar value included on the Contractor’s Affirmative Action Plan, including the value associated with the manufacture, supply, and installation of structural steel. H. MBE DUAL CERTIFICATION 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.

a. A firm must be listed in the MDOT MBE Directory with the gender category in order to be used to meet the gender subgoal.

b. A firm must be listed in the MDOT MBE Directory with an ethnic/racial category in order to be used to meet the ethnic/racial subgoal.

c. A firm must be listed in the MDOT MBE 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.

d. 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 Directory will reflect the dual certification status beginning October 1, 2009. You can access the MBE Directory at http://mbe.mdot.state.md.us.




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I. JOINT VENTURE In accordance with COMAR 21.11.03.12-1, “When a certified MBE performs as a participant in a joint venture, a procurement agency may count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the certified MBE performs with its own forces toward fulfilling the contract goal.”

NOTE: New Guidelines Regarding MBE Prime Self-Performance. Please note that when a certified MBE firm participates as a prime contractor on a contract, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own forces toward fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract. For example, for a construction contract that has a 27% MBE overall participation goal and subgoals of 7% for African American firms and 4% for Asian American firms, subject to Section 4 above and this Section 5, a certified African American MBE prime can self-perform (a) up to 13.5 % of the overall goal and (b) up to 7% of the African American subgoal. The remainder of the overall goal and subgoals would have to be met with other certified MBE firms or a waiver request.