829433roadAllegany.pdf

Allegany County Department of Public Works

County Road Rehabilitation Project Contract No. ACRD-26-01

TABLE OF CONTENTS

Page

Advertisement for Bids 3 Information for Bidders 5 Bid Proposal 7 Bid Bond 11 Affidavit of Qualification to Bid 13 Agreement 15 Performance Bond 18 Payment Bond 20 Notice of Award 22 Notice to Proceed 23 Change Order 24 Waiver of Liens 25 Affidavits by General-Prime Contractor 27 Certification of General Prime Contractor 28 General Conditions 29 Appendix A – Environmental Specifications 38 Appendix B - AIS Documents 279 Appendix C - County Technical Specifications 282 Appendix D - Contractor’s Qualification Statement 289

ADVERTISEMENT FOR BIDS

ALLEGANY COUNTY COMMISSIONERS

ALLEGANY COUNTY, MARYLAND

CONTRACT NO. ACRD-26-01

COUNTY ROAD REHABILITATION PROJECT

Sealed bids for construction of Contract ACRD-26-01 consisting of rehabilitation of the following County Roads: Cherry Lane, Welsh Hill Road, Cash Valley Road, Old Lake Drive, N. Belair Drive, Pleasant Valley Road, and Orleans Road in Allegany County will be received by the County Commissioners of Allegany County, Cumberland, Maryland, until Friday, July 17, 2026 at 3:00 P.M., local time, in the Commissioners’ Office, Allegany County Office Complex, 701 Kelly Road, Suite 407, Cumberland, Maryland 21502. Said bids will then be opened and publicly read aloud at 3:00 P.M., Friday, July 17, 2026 in the Allegany County Commissioners’ Meeting Room.

The CONTRACT DOCUMENTS may be examined at the Allegany County Department of Public Works, 701 Kelly Road, Cumberland, Maryland 21502.

Copies of the CONTRACT DOCUMENTS may be obtained at the above office between the hours of 8:00 A.M. and 4:00 P.M., daily except Saturdays, Sundays and holidays upon payment of $50.00 for each set. Information is also available at http://alleganygov.org/Bids.aspx. Bidders must purchase the Contract Documents directly from Allegany County to submit a bid for consideration.

Each bidder must furnish with his bid an acceptable bid bond or certified check as bid guarantee, in an amount not less than five (5) percent of the bid, payable to the Allegany County Commissioners.

No bidder may withdraw a bid within 90 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidder.

It is the stated policy of the Allegany County Board of Commissioners to encourage Minority Business Enterprise (MBE) participation on the bid.

All bids must be submitted in a sealed envelope and addressed to Allegany County Commissioners, 701 Kelly Road, Suite 407, Cumberland, Maryland 21502 and marked “CONTRACT NO. ACRD-26-01 – COUNTY ROAD REHABILITATION PROJECT” on the outside of the envelope.

A Pre-Bid meeting for the purpose of answering or obtaining answers to questions of parties interested in contracting for the work will be conducted at the Allegany County Office Complex, Suite 300, 701 Kelly Road, Cumberland, Maryland at 10:00 AM , local time, on Tuesday, June 30, 2026. Bidder attendance is encouraged but not mandatory.

http://alleganygov.org/Bids.aspx

INFORMATION FOR BIDDERS

BIDS will be received by Allegany County Commissioners (herein called the “OWNER”), at 701 Kelly Road, Suite 407, Cumberland, Maryland 21502 until 3:00 PM, Friday, July 17, 2026 and then at said office publicly opened and read aloud.

Each BID must be submitted in a sealed envelope, addressed to Allegany County Commissioner at 701 Kelly Road, Suite 407, Cumberland, Maryland 21502. Each sealed envelope containing a BID must be plainly marked on the outside as BID for County Road Rehabilitation Project, Contract ACRD-26-01. The envelope should bear on the outside the BIDDER’S name, address, and license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at Allegany County Commissioners, 701 Kelly Road, Suite 407, Cumberland, Maryland 21502.

All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 90 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the contractor from fulfilling any of the conditions of the contract.

Each BID must be accompanied by a BID bond payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS.

When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID.

Further, the BIDDER agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in these Specifications.

A pre-bid meeting for prospective BIDDERS will be held at 10:00AM, local time on March 14, 2019 at the Allegany Department of Public Works, 701 Kelly Road, Cumberland, Maryland – Room 313.

The ENGINEER is Allegany County Department of Public Works.

The ENGINEER’s address is 701 Kelly Road, Suite 300, Cumberland, Maryland 21502 .

BID

Proposal of ______________________________________________ (hereinafter called

“BIDDER”), organized and existing under the laws of the State of __________________ doing business as __________________________________*. To the Allegany County Commissioners, 701 Kelly Road, Suite 407, Cumberland, Maryland (hereinafter called “OWNER”).

In compliance with your Advertisement for Bids, BIDDER hereby proposes the County Road Rehabilitation Project, Contract ACRD-26-01 in strict accordance with the CONTRACT DOCUMENTS, within the time set forth herein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER acknowledges receipt of the following ADDENDUM:

*Insert “a corporation”, “a partnership”, or “an individual” as applicable.

BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sum:

NOTE: BIDS shall include sales tax and all other applicable taxes and fees.

Contract: ACRD-27-01

Old Lake Drive (County Route 0266)

Item No. Item Description Estimated

Quantity Unit Unit Price Total Price

1 Mobilization 1 LS

2 Maintenance of Traffic 1 LS

3 2.25" Milling 4,681 SY

4 0.75" HMA Wedge/Level Course -9.5mm 195 TON

5 Continuous Paving Fabric 4,681 SY

6 1.5" HMA Overlay -12.5mm 390 TON

7 5" Double Yellow Line Pavement Markings 2,006 LF

8 Driveway Tie-In - HMA 12.5mm - Contingent 50 TON

SUBTOTAL:

N. Bel Air Drive (County Route 0257)

1 Maintenance of Traffic 1 LS

2 2.25" Milling 5,108 SY

3 0.75" HMA Wedge/Level Course -9.5mm 213 TON

4 1.5" HMA Overlay -12.5mm 426 TON

5 5" Double Yellow Line Pavement Markings 2,376 LF

6 Driveway Tie-In - HMA 12.5mm - Contingent 150 TON

Pleasant Valley Road (County Route 0481)

3 2.25" Milling 8,126 SY

4 0.75" HMA Wedge/Level Course -9.5mm 339 TON

5 Continuous Paving Fabric 6,720 SY

6 1.5" HMA Overlay -12.5mm 677 TON

7 5"Single White Line Pavement Markings 5,040 LF

8 5" Double Yellow Line Pavement Markings 2,520 LF 9 Driveway Tie-In - HMA 12.5mm - Contingent 30 TON

Cash Valley Road (County Route 0658)

3 2.25" Milling 25,167 SY

4 0.75" HMA Wedge/Level Course -9.5mm 1,049 TON

5 1.5" HMA Overlay -12.5mm 2,097 TON

6 5"Single White Line Pavement Markings 7,550 LF

7 5" Double Yellow Line Pavement Markings 7,550 LF

8 Driveway Tie-In - HMA 12.5mm - Contingent 210 TON

Cherry Lane (County Route 0846)

3 2.25" Milling 5,744 SY

4 0.75" HMA Wedge/Level Course -9.5mm 239 TON

5 1.5" HMA Overlay -12.5mm 479 TON

6 5"Single White Line Pavement Markings 4,700 LF

7 5" Double Yellow Line Pavement Markings 2,350 LF

Welsh Hill Road (County Route 0699)

1 Maintenance of Traffic 1 LS

2 2.25" Milling 1,500 SY

3 0.75" HMA Wedge/Level Course -9.5mm 63 TON

4 Continuous Paving Fabric 1,500 SY

5 1.5" HMA Overlay -12.5mm 125 TON

6 5"Single White Line Pavement Markings 750 LF

7 5" Double Yellow Line Pavement Markings 750 LF

8 Driveway Tie-In - HMA 12.5mm - Contingent 10 TON

Orleans Road (County Route 0660)

3 2.25" Milling 10,560 SY

4 0.75" HMA Wedge/Level Course -9.5mm 440 TON

5 Continuous Paving Fabric 10,560 SY

6 1.5" HMA Overlay -12.5mm 880 TON

7 5"Single White Line Pavement Markings 10,560 LF

8 5" Double Yellow Line Pavement Markings 5,280 LF

9 Driveway Tie-In - HMA 12.5mm - Contingent 40 TON

TOTAL STATE-AID PAVING PROJECT (7 LOCATIONS):

1. Allegany County will select the lowest, responsible bidder based on the lowest total bid.

2. Allegany County shall have the right to eliminate work from the project based on the available funding.

3. The Contractor will not be entitled to any price adjustments based on the work selected for award.

Respectfully Submitted:

Signature Address

Title Date

Phone No.

License No. (if applicable) Fax No.

SEAL (if BID is by a corporation) Email Address

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and ______________________________________________________ as Surety, are hereby held and firmly bound unto The Allegany

County Commissioners as OWNER in the penal sum of _________________________________________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.

Signed, the day of , 2026.

The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the County Road Rehabilitation Project, Contract ACRD-26-01 NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the

Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect: it being expressly understood and agreed that the liability of the Surety for any all claims hereunder shall, in no event, exceed the penal amount of the obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID: and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

Principal

Surety

By:

IMPORTANT- Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

AFFIDAVIT OF QUALIFICATION TO BID

I hereby affirm that

1. I am the and the duly (Title) authorized representative of the firm of ______

(Name of Corporation) whose address is _____________________ and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting.

2. Except as described in paragraph 3 below, neither I nor the above firm, nor to the best of my knowledge, any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State or any county, bi-county or multi-county agency, or subdivision of the State have been convicted of or have pleaded nolo contendere to a charge of, or have during the course of an official investigation or other proceeding admitted in writing or under oath acts of omissions which constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of

Article 27 of the Annotated Code of Maryland or under the laws of any state or the federal government (conduct prior to July 1, 1977 is not required to be reported).

3. (State "none" or, as appropriate, list any conviction, plea, or admission described in paragraph 2 above, with the date; court, official, or administrative body: the individuals involved and their position with the firm, and the sentence or disposition, if any.)

I acknowledge that this affidavit is to be furnished to the Allegany County

Commissioners and, where appropriate, to the Board of Public Works and to the Attorney General under section 16D of Article 78A of the Annotated Code of Maryland. I acknowledge that, if the representations set forth in the affidavit are not true and correct, the Allegany County

Commissioners may terminate any contract awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance with section 16D of Article 78A of the

Annotated Code of Maryland, which provides that certain persons who have been convicted of or have admitted to bribery, attempted bribery, or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from entering into contracts with the State or any of its agencies or sub-divisions.

I do solemnly declare and affirm under the penalties or perjury that the contents of the affidavit are true and correct.

(Signature)

(Date)

AGREEMENT

THIS AGREEMENT, made this day of , by and between the

Allegany County Commissioners , hereinafter called "OWNER" and doing business as [an individual,] or [a partnership], or [a corporation] hereinafter called

"CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the County Road Rehabilitation Project, Contract ACRD-26-01.

2. The CONTRACTOR will furnish and deliver the equipment and other services necessary for the completion of the PROJECT described herein.

3. The CONTRACTOR will commence with the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within

_60 calendar days unless the period for completion is extended otherwise by the CONTRACT

DOCUMENTS. Failure to complete the project will result in Liquidated Damages payment to the

OWNER of $150.00_ per calendar day.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT

DOCUMENTS and comply with the terms therein for the sum of

, or as shown in the BID schedule.

5. The term "CONTRACT DOCUMENTS" means and includes the following:

(A) Advertisement for BIDS

(B) Information for BIDDERS

(C) BID Proposal

(D) BID BOND

(E) Agreement

(F) Performance Bond

(G) Payment Bond

(H) General Conditions

(I) Appendix A – County Technical Specifications

(J) Appendix B – MD SHA Technical Specifications

(K) Appendix C – Contractor’s Qualification Statement

(L) Appendix D – Construction Drawings (Separate)

(L) ADDENDA:

No. , dated , 2026

No. , dated , 2026

No. , dated , 20265

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns.

IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in (four (4) ) each of which shall be deemed an original on the

(Number of copies) date first above written.

OWNER:

Allegany County Commissioners

BY

NAME Jason M. Bennett, CPA

TITLE County Administrator

(SEAL)

ATTEST:

Name (Please type)

Title Office Associate

CONTRACTOR:

BY

(Please Type)

Address

(Please Type)

Title

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

__ (Address of Contractor) a , hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

The Allegany County Commissioners 701 Kelly Road, Suite 407, Cumberland, MD 21502 hereinafter called OWNER, in the penal sum of ______________________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2026, a copy of which is hereto attached and made a part hereof for the construction of: County Road Rehabilitation Project

ACRD-26-01_____________________________________________________________________

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, convenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise effect its obligation on this

BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in four (4)

(Number) counterparts, each one which shall be deemed an original, this the day of , 2026.

(Principal) Secretary By (S)

(Witness as to Principal) (Address)

(Address)

(Surety)

ATTEST: By

(Surety) Secretary

By Witness as to Surety Attorney-in-Fact

(Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor) (Address of Contractor) a ________________ , hereinafter called Principal, and _ (Name of surety)

(Address of surety) hereinafter called Surety, are held and firmly bound unto

The Allegany County Commissioners (Name of Owner) 701 Kelly Road, Suite 407, Cumberland, MD 21502 _____ (Address Owner) hereinafter called OWNER, in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by the presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 2026, a copy of which is hereto attached and made a part hereof for the construction of:

Contract No.: ACRD-26-01

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for and performing labor in the prosecution of the WORK provided for in such contract, And any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect

PROVIDED FURTHER, that said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on the BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the SPECIFICATIONS.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in four (4) (Number) counterparts, each one which shall be deemed an original, this the day of , 2024.

(Principal) Secretary

By (S)

(Witness as to Principal)

(Address)

Surety

ATTEST: By ____ Attorney-in-Fact

Witness as to Surety (Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

NOTICE OF AWARD

To: ________________________________

PROJECT Description: County Road Rehabilitation Project

ACRD-26-01

The OWNER has considered the BID submitted by you for the above-described WORK in response to its ADVERTISEMENT for Bids dated June 2026 and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of:_____________________________________________________________________________

You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond and certificates of insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture to your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the

OWNER.

Dated this day of , 2026.

Owner

Daniel S. DeWitt, P.E.

Title: County Engineer

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged by, ______________________________ this the day of ______.

NOTICE TO PROCEED

To: _ Date:

Project:

You are hereby notified to commence WORK in accordance with the AGREEMENT dated ______________, on or before ________________ and you are to complete the WORK within ___60___ consecutive calendar days thereafter.

The date of completion of all WORK is therefore ______________________.

Owner

Daniel S. DeWitt, P.E.

Title: County Engineer

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:

this the day of 2026

Title ________

CHANGE ORDER

Order No.

Date:

Agreement Date:

NAME OF PROJECT:

OWNER:

CONTRACTOR:

The following changes are hereby made to the CONTRACT DOCUMENTS:

Justification:

Change to CONTRACT PRICE:

Original CONTRACT PRICE: $

Original CONTRACT PRICE adjusted by previous CHANGE ORDER $

The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $

The new CONTRACT PRICE including this CHANGE ORDER will be $

Change to CONTRACT TIME:

The CONTRACT TIME will be (increased) (decreased) by calendar days.

The date for completion of all work will be (Date).

Approvals Required:

Requested by:

Recommended by:

Ordered by:

Accepted by:

To be submitted by sub-contractor and/or material supplier, and returned to prime/general contractor

Cumberland, Maryland 21502

WAIVER OF LIENS

We, the undersigned, are general/prime, subcontractors, or sub-subcontractors, materialmen or other persons furnishing services or labor or materials, as indicated under our respective signatures below, in the construction or repair of improvements upon real estate owned by Allegany County and described as follows:

Contract No. ACRD-26-01 ________

In consideration of the sum $1.00 to us in hand paid, receipt whereof is hereby acknowledged and other benefits accruing to us we do hereby waive, release and quit-claim all right that we, or any of us may now or hereafter have to a lien upon the land and improvements above described by virtue of the laws of the State of Maryland, or any amendments of said laws; and we do further warrant that we have not and will not assign for payment, nor our right to perfect a lien against said property and that we have the right to execute this Waiver and Release thereof.

The subscriber to this instrument warrants that all laborers employed upon the aforesaid premises have been fully paid, and that none of such laborers have any claim, demand or lien against said premises; and further, that no chattel mortgage, conditional bill of sale or retention of title agreement has been given or executed by said owner or any general contractor or other party or any of us, for or in connection with any material, appliances, machinery, fixtures or furnishings placed upon or installed in the aforesaid premises by any of us.

It is understood and agreed that any and all signatures hereto are for all services rendered, work done and material furnished heretofore and hereafter by the signers in any and all capacities, and are not understood to be only for the brief description listed as Phase of Prime Contract.

Witness the following signature(s) and seal this day of , 20

Phase of Prime Contract:

Amount of Claim Paid $____________or Unpaid $_____________

In Presence of: INDIVIDUAL PRINCIPAL

Witness (SEAL)

CO-PARTNERSHIP PRINCIPAL

In presence of:

(Name of co-partnership) Witness as to By (SEAL)

(Partner) as to (SEAL)

(Partner) as to (SEAL)

(Partner) as to (SEAL)

CORPORATE PRINCIPAL

Affix Attest: Corporate

By ______________________________________________ Seal

Corporate Secretary President

CONTRACT NO.

Allegany County Department of Public Works 701 Kelly Road Cumberland, Maryland

AFFIDAVIT BY GENERAL/PRIME CONTRACTORS

State of Maryland of to Wit:

I, , having been first duly sworn, doth now depose and say:

That the persons, firms and corporations who have executed the Waivers of Liens attached being:

(Continued next Column) are all of the persons, firms and corporations who have furnished services, labor or materials in the construction or repair of improvements on the real estate described in said waivers, and that, as of the date of this Affidavit, such work has been fully completed.

INDIVIDUAL PRINCIPAL

By (SEAL)

(Partner)

(SEAL)

(Partner

(SEAL)

(Partner)

Affix By . Corporate

Seal

Subscribed and sworn to be before the undersigned, a Notary Public for the of, State of , in said this day , 20 .

Notary Public

G e n e r a l P r i m e

C o n t r a c t o r

Cumberland, Maryland 21502

CERTIFICATION OF GENERAL/PRIME CONTRACTOR

STATE OF

ss:

COUNTY OF

, being duly sworn deposes and says:

1. I am of , a corporation of

: a co-partnership composed :

an individual trading as (hereinafter called "contractor")

2. Contractor heretofore entered into a contract with Allegany County (hereinafter called "owner"), to furnish materials, machinery and equipment and/or to perform labor necessary for the construction of buildings and/or repair or alteration of buildings, structures or machinery and equipment and/or construction or installation of facilities, all as more specifically described in said contract on the land and property of the owner located at

3. In connection with the request of said contractor for a final payment, it is hereby certified that all work, labor, materials, machinery and equipment furnished by the contractor have been fully paid for by the contractor and that there are no amounts unpaid in favor of any sub-subcontractor, subcontractor or materialman or any other person furnishing labor and materials to said contractor and utilized in the performance of the obligations of the contractor under the aforementioned contract on the basis of which any lien (commonly called a mechanic's or materialman's lien) has been or can be filed for work done or materials, machinery or equipment furnished in said buildings, structures, machinery, equipment, property or facilities or any part thereof of the owner.

4. It is further certified that all federal and state taxes required to be withheld from employees have been withheld in the manner provided by law.

5. All vouchers, receipts and other evidence of payment with respect to claims of third persons against the contractor, arising out of, connected with or resulting from performance of the contractor of his obligations under the contract documents or which relate to a lien against the project or any part thereof or any other property of the owner include any and all claims of any description, kind or nature up to and including the date of this affidavit.

6. Receipt by the contractor of the final payment under the aforementioned contract, shall constitute a full release and discharge by the contractor to the owner of any and all claims of the contractor against the owner, arising out of, connected with or resulting from performance of the obligations of the contractor pursuant to the contract documents.

INDIVIDUAL PRINCIPAL

Affix

By ________________________________________ Corporate Seal

Subscribed and sworn to before the undersigned, a Notary public for the of

, State of , in said this day of , 20

Notary Public

GENERAL CONDITIONS

1. Definitions

2. Additional Instructions and Detail Drawings

3. Schedules, Reports and Records

4. Drawings and Specifications

5. Shop Drawings

6. Materials, Services and Facilities

7. Inspection and Testing

8. Substitutions

9. Patents

10. Surveys, Permits, Regulations

11. Protection of Work, Property, Persons

12. Supervision by Contractor

13. Changes in the Work

14. Changes in Contract Price

15. Time for Completion and Liquidated Damages

1. DEFINITIONS

1.1 Whenever used in the CONTRACT DOCUMENTS, the

following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

1.2 ADDENDA - Written or graphic instruments issued

prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or corrections.

1.3 BID - The offer or proposal of the BIDDER

submitted on the prescribed form setting forth the prices for the WORK to be performed.

1.4 BIDDER - Any person, firm or corporation

submitting a BID for the WORK.

1.5 BONDS - Bid, Performance, and Payment Bonds and

other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the

CONTRACT DOCUMENTS.

1.6 CHANGE ORDER - A written order to the CONTRACTOR

authorizing an addition, deletion or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME.

1.7 CONTRACT DOCUMENTS - The contract, including

Advertisement For Bids, Information For Bidders, BID, Bid Bond, Agreement, Payment Bond, Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA.

1.8 CONTRACT PRICE - The total monies payable to the

CONTRACTOR under the terms and conditions of the

CONTRACT DOCUMENTS.

1.9 CONTRACT TIME - The number of calendar days stated

in the CONTRACT DOCUMENTS for the completion of the

WORK.

1.10 CONTRACTOR - The person, firm or corporation with

whom the OWNER has executed the Agreement.

1.11 DRAWINGS - The part of the CONTRACT DOCUMENTS

which show the characteristics and scope of the

16. Correction of Work

17. Subsurface Conditions

18. Suspension of Work, Termination and Delay.

19. Payments to Contractor 20 Acceptance of Final Payment as Release

21. Insurance

22. Contract Security

23. Assignments

24. Indemnification

25. Separate Contracts

26. Subcontracting

27. Engineer's Authority

28. Land and Rights-of-Way

29. Guaranty

30. Taxes

WORK to be performed and which have been prepared or approved by the ENGINEER.

1.12 ENGINEER – Allegany County Department of Public

Works or their designated representative.

1.13 FIELD ORDER - A written order effecting a change

in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.

1.14 NOTICE OF AWARD - The written notice of the

acceptance of the BID from the OWNER to the successful BIDDER.

1.15 NOTICE TO PROCEED - Written communication issued

by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the WORK.

1.16 OWNER – Board of County Commissioners of Allegany

County, Maryland.

1.17 PROJECT - The undertaking to be performed as

provided in the CONTRACT DOCUMENTS.

1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized

representative of the OWNER who is assigned to the PROJECT site or any part thereof.

1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated for installed.

1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS

consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.21 SUBCONTRACTOR - An individual, firm or

corporation having a direct contract with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site.

1.22 SUBSTANTIAL COMPLETION - That date as certified

by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended.

1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications

to General Conditions required by a Federal agency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws.

1.24 SUPPLIER - Any person or organization who

supplies material or equipment for the WORK, including that fabricated of a special design, but who does not perform labor at the site.

1.23 WORK - All labor necessary to produce the

construction required by the CONSTRUCTION DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the PROJECT.

1.24 WRITTEN NOTICE - Any notice to any party of the

Agreement relative to any part of the Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the WORK

2 ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

2.1 The CONTRACTOR may be furnished additional

instructions and detail drawings by the ENGINEER, as necessary to carry out the WORK required by the

CONTRACT DOCUMENTS.

2.2 The additional drawings and instruction thus

supplied will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions.

3. SCHEDULES, REPORTS AND RECORDS

3.1 The CONTRACTOR shall submit to the OWNER such

schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed.

3.2 Prior to the first partial payment estimate the

CONTRACTOR shall submit construction progress schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK, estimated date of completion of each part and, as applicable:

3.2.1 The dates at which special detail drawings

will be required; and

3.2.2 Respective dates for submission of SHOP

DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equipment.

3.3 The CONTRACTOR shall also submit a schedule of

payments that he anticipates he will earn during the course of the WORK.

4. DRAWINGS AND SPECIFICATIONS

4.1 The intent of the DRAWINGS and SPECIFICATIONS is

that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER.

4.2 In case of conflict between the DRAWINGS and

SPECIFICATIONS, the SPECIFICATIONS shall govern.

Figure dimensions on DRAWINGS shall govern over general DRAWINGS.

4.3 Any discrepancies found between the DRAWINGS and

SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after the discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.

5. SHOP DRAWINGS

5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may

be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWINGS shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWINGS which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.

5.2 When submitted for the ENGINEER'S review, SHOP

DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS.

5.3 Portions of the WORK requiring a SHOP DRAWING or

sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER.

6. MATERIALS, SERVICES AND FACILITIES

6.1 It is understood that, except as otherwise

specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time.

6.2 Materials and equipment shall be so stored as to

insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection.

6.3 Manufactured articles, materials, and equipment

shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

6.4 Materials, supplies and equipment shall be in

accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER.

6.5 Materials, supplies or equipment to be

incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

7. INSPECTION AND TESTING

7.1 All materials and equipment used in the

construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS.

7.2 The OWNER shall provide all inspection and testing

services not required by the CONTRACT DOCUMENTS

7.3 The CONTRACTOR shall provide at his expense the

testing and inspection services required by the

CONTRACT DOCUMENTS.

7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval.

7.5 Inspections, tests or approvals by the engineer or

others shall not relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS.

7.6 The ENGINEER and his representatives will at all

times have access to the WORK. In addition, authorized representatives and agents of any participating Federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection, or testing thereof.

7.7 If any WORK is covered contrary to the written

instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR's expense.

7.8 If the ENGINEER considers it necessary or

advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued.

8. SUBSTITUTIONS

8.1 Whenever a material, article or piece of equipment

is identified on the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered.

The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substituting and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME.

9. PATENTS

9.1 The CONTRACTOR shall pay all applicable royalties

and license fees. He shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers is specified, however if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the ENGINEER.

10. SURVEYS, PERMITS, REGULATIONS

10.1 The OWNER shall furnish all boundary surveys and

establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets.

10.2 The CONTRACTOR shall carefully preserve bench

marks, reference points and stakes and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

10.3 Permits and licenses of a temporary nature

necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK.

11. PROTECTION OF WORK, PROPERTY AND PERSONS

11.1 The CONTRACTOR will be responsible for

initiating, maintaining and supervising all safety precautions and programs in connection with the WORK.

He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

11.2 The CONTRACTOR will comply with all applicable

laws, ordinances, rules, regulations and orders of any public body having jurisdiction.