SECTION 5 CONTROL OF THE WORK
SP-5.01 Archaeological and Historical Findings
A. Unless otherwise specified in the Contract Documents, the Contractor is advised that the site of the work is not within any property, district, site, or does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of the Interior.
B. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he/she shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor either to resume his/her operations or to suspend operations as directed.
C. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement).
SP-5.02 Environmental Protection
A. To prevent land, water and air pollution, delay of operations may be required until climate or wind conditions dissipate or inhibit the potential pollutant in a manner satisfactory to the Engineer. In the event of conflict between the requirements of this Contract and the requirements of pollution control laws, rules, or regulations of other federal, state, or local agencies, the more restrictive laws, rules, regulations shall apply.
B. The Contractor shall comply with all Federal, State, and local laws and regulations controlling pollution of the environment. He/she shall take necessary precautions to prevent pollution of waterways, streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Such measures, as determined by the Engineer, may consist of construction of berms, drains, and sediment basins, or use of fiber mats, turbidity curtains, woven plastic filter cloths or other erosion and pollution control devices and/or methods.
C. Environmental Protection Agency’s National Pollutant Discharge Elimination System (NPDES) Permit for Construction Activity
On projects involving disturbance of one (1) acre or more, a Notice of Intent (NOI) to comply with the General Permit for Stormwater Discharge Associated with Construction Activity (General NPDES Permit Number MDRC0000, State Discharge Permit Number 20CP0000, referred to as “20-CP”) in accordance with the Environmental Protection Agency’s NPDES stormwater program, will be submitted to the Maryland Department of the Environment Water and Science Administration (MDE/WSA) by the Administration. The 20-CP authorizes the discharge of stormwater from the project site, in accordance with the Clean Water Act. The 20-CP requires strict compliance with the contract erosion & sediment control and stormwater management plans, including weekly recorded inspections and within 24-hours following a storm event.
Upon notification from MDE/WSA of coverage under the 20-CP, the Administration will transfer to the Contractor the responsibilities and requirements of the 20-CP, including any special conditions (as determined by MDE/WSA). The Contractor will be responsible for compliance under all terms of the 20-CP including the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) if applicable to the project. The Contractor will assume full responsibility of the permitted activities by completing and submitting to MDE/WSA the Transfer of Authorization process within five (5) calendar days of receiving. In addition, the Contractor will, in accordance with the 20-CP requirements, conduct inspections of erosion and sediment controls, dewatering operations as applicable, and maintain records of these inspections. Dewatering information and inspection reports shall be submitted to MDE/WSA in accordance with 20-CP requirements. The Contractor shall submit a Notice of Termination upon completion of the construction activity and establishment of final stabilization of the project site, and meet all other obligations described in the 20-CP. Copies of any documentation required by the 20-CP will be submitted to the Administration at the completion of the project. A copy of the 20-CP, Transfer of Authorization, and Notice of Termination are to be made available for review at the Administration’s Division of Planning & Engineering.
SP-5.03 Equal or Approved Equal
A. When any article is specified by proprietary name, trade name, and/or name of the Manufacturer, with or without the addition of such expressions as "or equal" or "or approved equal", it is to be understood that the article named or the equal thereof is intended, subject to the approval of the Engineer as to the quality thereof; and it is distinctly understood:
1. That the Engineer is to use his/her own judgment in determining, from time to time, whether or not any article proposed to be substituted is the equal of any article so specified;
2. That the decision of the Engineer on all such questions of equality shall be final; and
3. That, in the event of any adverse decision by the Engineer, no claim of any sort shall be made or allowed against the Engineer, or the Maryland Aviation Administration because of such decision.
B. All contractors are hereby instructed to use for the preparation of their bid the Products and the Manufacturers of the same type as specified in the Contract Documents. The offer of an equal but different product by the Contractor in lieu of the specified product will raise the presumption that it is for the purpose of saving money. If, in such a case, the article is approved, the Maryland Aviation Administration shall be given credit in the amount of the difference between the net cost to the Contractor of the article submitted and the price at which he/she could have obtained the lowest price article specified. For convenience in checking the credit, if any, the Contractor shall submit these figures when the offer is made, and no article will be considered without such figures.
C. The word "article," wherever used in this subsection entitled "Equal or Approved Equal," shall be taken to mean any article, material or thing.
SP-5.04 Request for Substitutions
A. Requests for substitutions shall be made for any material or equipment which is to be utilized on the project which varies or deviates from the requirements of the Contract Documents. The intention of this section is to allow for the use of new and improved products passing specified tests after the completion of design. The Contractor is also referred to Special Provisions Section SP-5.03, Equal or Approved Equal.
B. When requesting substitutions, the Contractor must complete and submit the "Substitution Request Form" in addition to the requirements set forth under this item. A sample "Substitution Request Form" is included in the Special Provisions, Section 10, SP-10.02, and in the Technical Provisions.
C. Submit a minimum of six (6) copies, fully identified for a product or method being proposed for substitution, including related Specification Section and Drawing Number(s), and fully documented to show compliance with requirements for substitutions. The request for substitution submittal should include the following:
1. Project data/drawings,
2. Descriptions of methods,
3. Samples where applicable,
4. Contractor's detailed comparison of significant qualities between specified item and proposed substitution,
5. Statement of effect on construction time and coordination with other affected work,
6. Cost information or proposal, and
7. Contractor's statement to the effect that proposed substitution will result in overall work equal to or better than work originally indicated.
D. In making a formal request for substitution, the Contractor represents that:
1. He/she has investigated the proposed product and has determined that he/she is equivalent to or superior in all respects to that specified.
2. He/she will provide the same warranties for substitution as for the product specified.
3. He/she will coordinate the installation of an accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.
4. He/she waives claim for additional costs caused by the substitution that may subsequently become apparent.
5. Cost data are complete and include related costs under the construction contract.
6. Proposed product will not affect or delay the construction progress schedule.
7. He/she will pay for changes to the design, including architectural or engineering design, detailing, and construction costs caused by the requested substitution.
E. Document each request with supporting data substantiating compliance of proposed substitution with Contract Documents, including:
1. The Manufacturer's name and address, product, trade name, model or catalog number, performance and test data, and reference standards.
2. Itemized point by point comparison of proposed substitution with specified product, listing variations in quality, performance, and other pertinent characteristics.
3. Changes required in other work.
4. Availability of maintenance service and a source of replacement parts, as applicable.
5. Certified test data to show compliance with performance characteristics specifies.
6. Samples, when applicable or requested.
7. Complete cost analysis including a breakdown of materials, equipment and labor costs with separate breakdowns labor burdens, overhead and profit.
8. Other information as necessary to assist in the Engineer's evaluation.
9. All such associated costs for confirmation or acceptance testing of new materials not outlined in the specifications shall be borne by the Contractor at no cost to the MAA.
10. Where a requested deviation or waiver on a particular aspect of the work has a relation to, or affects other aspects of the work, those other aspects of the work shall be clearly identified and referenced. If the requested deviation or waiver necessitates a deviation or waiver on the other aspects of the project, requests for all such deviations and waivers must be submitted concurrently.
F. Requests will only be considered in documented cases of product unavailability or other cases beyond the control of the Contractor. Such requests must be submitted to allow adequate time for review of associated submittals in accordance with the schedule requirements. Allow a minimum of forty five (45) calendar days for review of requested substitutions. All requests must contain a complete cost comparison.
G. Substitutions not submitted in strict accordance with this provision will not be considered for acceptance when:
1. They are indicated or implied on shop drawings or product data submittals without a formal request from the Contractor.
2. Acceptance will require substantial revision of the Contract Documents.
3. Submittal for substitution request does not include point by point comparison of proposed substitution with the specified product.
4. In the judgment of the Engineer, the submittal does not include adequate information necessary for a complete evaluation.
5. If requested directly by a subcontractor or supplier.
H. The Contractor shall be responsible for obtaining any and all required permits and licenses resulting from substitutions approved by the Engineer.
I. All costs associated with confirmation or acceptance testing of new materials not outlined in the specifications shall be borne by the Contractor at no cost to the Owner.
J. Substitute products shall not be ordered or installed without written acceptance of the Engineer.
K. The Engineer will determine acceptability of proposed substitutions and reserves the right to reject any and all materials or methods not in accordance with the Contract Documents.
SP-5.05 Disposal of Excess Material
A. Material to be removed or demolished which shall not be requested by the State shall become the property of the Contractor and shall be removed from the site and disposed of at his/her cost and expense.
B. It is the Contractor's responsibility to transport and dispose of demolished materials and refuse in licensed disposal areas off site at his expense. The Contractor shall be responsible for obtaining all permits and licenses required by authorities having jurisdiction and shall transport materials in accordance with all Federal, State and local ordinances, laws and regulations in effect.
SP-5.06 Authority of the Procurement Officer
A. Contractor’s Staff
The Contractor shall submit in writing the names and qualifications of all individuals assigned to the Contract [including principals of the Company, Project Manager and superintendent(s)] for the approval of the Procurement Officer. In the event the Procurement Officer does not approve of an individual offered by the Contractor, the Contractor shall offer a suitable substitute. At any time during the course of work, if, in the judgment of the Procurement Officer, any individual is deemed unacceptable, upon written notification from the Procurement Officer, the Contractor shall promptly offer a replacement for the Procurement Officer's approval. The Contractor will be responsible for any cost arising from the action of the Procurement Officer relative to SP-5.06A.
A. As used herein, the term " Hazardous Material" means:
1. any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder;
2. any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended from time to time, and regulations promulgated thereunder;
3. any oil, petroleum products, and their by-products; and
4. any substance which is or becomes regulated by any federal, state or local governmental authority.
B. All Contractors shall refer to the definition of hazardous materials and regulations for handling and disposing hazardous wastes in 40 CFR 261 Subpart D and Resource Conservation and Recovery Act, 42 USCA 6903 (3) and 6924, COMAR 26.13.01.03, COMAR 26.13.05 and 49 CFR Part 172. Work involving the disturbance of Fasbestos containing materials shall comply with the requirements of 40 CFR Part 61 Subpart A and 40 CFR Part 61 Subpart M and 29 CFR Part 1926.1101.
C. The Contractor shall bring to the attention of the Engineer any material suspected of being hazardous that he/she encounters during execution of the work. A determination will be made by the Engineer as to whether the tests are necessary to determine if the material is hazardous. If the Engineer directs the Contractor to perform tests, and/or if the material is found hazardous and additional protective measures are needed, a change order may be required, subject to applicable provisions of the Contract.
D. If required, a hazardous material handling plan may be necessary. The plan shall contain the following:
1. number, type, and experience of employees to be used for the work;
2. description of how applicable safety and health regulations and standards are to be met;
3. type of protective equipment and work procedures to be used;
4. emergency procedures for accidental spills or exposures;
5. procedures for disposing of or storing the toxic/hazardous materials;
6. identification of possible hazards, problems, and proposed control mechanisms;
7. protection of public or others not related to the operation;
8. interfacing and control of subcontractors, if any;
9. identification of any required analyses, test demonstrations, and validation requirements; and
10. method of certification for compliance.
E. Any hazardous material shall be disposed of in a manner that complies with all federal, state and local laws or regulations applicable to any such hazardous materials. If hazardous materials are disposed of off-site, submit copies of permits from applicable Federal, State or municipal authorities and necessary certificates that the material has been disposed of as per applicable regulations.
F. The Contractor hereby agrees that he/she shall be fully liable for all costs and expenses related to the disposal of hazardous material that have been identified in this Contract. The Contractor shall defend, indemnify and hold harmless the Administration and its Agents, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney and consultant fees, court cost and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to:
1. the presence, disposal, release, or threatened release of any such hazardous material which is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise:
2. any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such hazardous material;
3. any lawsuit brought or threatened, settlement reached or government order relating to such hazardous material, and/or
4. any violation of any laws applicable thereto.
SP-5.08 Environmental Permits
Depending on the impacts of a project, the environmental permits/approvals may include, but not be limited to, those listed below.
1. U.S. Army Corps of Engineers: wetlands impacts; dredging or filling waters of the U.S.
2. Federal Emergency Management Administration: floodplain impacts.
3. U.S. Coast Guard Permit: changes to navigable waterways.
4. Maryland Department of Environment: sediment/erosion control; stormwater management; water quality; wetland impacts; floodplain impacts; waterway construction; water appropriation and use; waste water discharge (surface, groundwater); water or sewer connection; monitoring well construction.
5. Chesapeake Bay Critical Area Commission: construction within boundaries of the Critical Area.
6. Department of Natural Resources, Forest Conservation Program: tree cutting and conservation.
SP-5.09 HVACR Licensing Requirements
A. The heating, ventilation, air-conditioning or refrigeration (HVACR) law requires all individuals who provide or assist in providing heating, ventilation, air-conditioning and/or refrigeration services to be licensed prior to engaging in installation or servicing of such systems.
B. Contractors bidding on any contract involving HVACR systems must be a current Maryland-licensed HVACR Master or Master Restricted Contractor who is qualified in the areas of work specified in the Contract Documents.
C. By submitting a bid, the successful Contractor agrees to employ only individuals who hold valid licenses issued by the State HVACR Board to provide, or assist in providing, HVACR services as specified in the Contract Documents during the term of the Contract.
D. If the successful Contractor subcontracts any or all of the HVACR work specified in the Contract Documents, the subcontractor(s) must possess the appropriate license required by the State HVACR Board.
E. The HVACR subcontractor(s) must agree to consistently use only individuals who hold the appropriate licenses issued by the State HVACR Board to provide or assist in providing heating, ventilation, air-conditioning and/or refrigeration services as specified in the Contract Documents during the life of the Contract.
F. For each individual proposed to be engaged in the installation and/or servicing of HVACR systems, the Contractor and/or the subcontractor(s) must submit a copy of a valid HVACR Master or Master Restricted license issued by the State of Maryland to the Engineer a minimum of fourteen (14) days prior to starting HVACR work. For the systems installed or serviced by unlicensed individuals the Contractor agrees to remove and re-install and/or re-service the system by licensed individuals at no cost to MAA.