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ST. MARY’S COUNTY GOVERNMENT

INVITATION FOR BID

151476

SNOW HILL PARK BOAT LAUNCH, KAYAK LAUNCH &

PARKING

Invitation For Bid #151476

Title: Snow Hill Park Boat Launch, Kayak Launch & Parking

Table Of Contents

1. PRICE PROPOSAL

1.1. BID PROPOSAL

2. DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

2.1. INTRODUCTION

2.2. PRE-BID MEETING & SITE VISIT

2.3. DESCRIPTION

2.4. SCOPE OF WORK

2.5. SPECIAL INSTRUCTIONS TO THE CONTRACTOR

2.6. PERMITS AND NOTIFICATIONS

2.7. OPEN TRENCHES

2.8. CONTRACT DOCUMENTS

2.9. ORDER OF PRECEDENCE

2.10. CONTRACTORS REVIEW OF CONTRACT DOCUMENTS

3. PACKAGING AND MARKING

3.1. DELIVERY OF MATERIALS / EQUIPMENT

4. INSPECTION AND ACCEPTANCE

4.1. INSPECTION BY COUNTY

4.2. INSPECTION BY CONTRACTOR

4.3. INSPECTION OF CONSTRUCTION

4.4. INSPECTION OF SUPPLIES

4.5. SITE ACCESS AND INSPECTION OF WORK IN PROGRESS

4.6. RISK OF LOSS AND PROPERTY DAMAGE

4.7. FINAL INSPECTION AND ACCEPTANCE

5. DELIVERABLES / PERFORMANCE

5.1. TEMPORARY UTILITY SERVICES

5.2. CLEANING AND SITE HOUSEKEEPING

5.3. FIELD ENGINEERING

5.4. CONSTRUCTION SUBMITTALS

5.5. SAFETY AND ACCIDENT PREVENTION

5.6. SECURITY OF CONTRACTOR PROPERTY

5.7. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

5.8. COUNTY RIGHT OF SETOFF FOR NON-PERFORMANCE

5.9. PRE-CONSTRUCTION MEETING

5.10. CONSTRUCTION OPERATIONS, ACCESS, STAGING, AND STORAGE AREAS

5.11. CONSTRUCTION SCHEDULE AND PROGRESS

5.12. WORK HOURS AND HOLIDAYS

5.13. PROTECTION OF EXISTING PROPERTY, UTILITIES AND VEGETATION

5.14. CONTRACTOR’S DAILY REPORT

5.15. DELAYS AND TIME EXTENSIONS

5.16. QUALITY CONTROL, SAFETY PLAN AND REQUIRED NOTICES

5.17. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

5.18. SEVERE WEATHER PROTECTION

5.19. SUPERVISION AND CONSTRUCTION PROCEDURES

5.20. SUBSTITUTIONS AND EQUIVALENT PRODUCTS

5.21. WORKMANSHIP AND MATERIALS

5.22. WARRANTY OF CONSTRUCTION

5.23. NO ORAL MODIFICATION OR INSTRUCTIONS

5.24. COUNTY’S RIGHT TO CARRY OUT WORK

5.25. PERIOD OF PERFORMANCE

6. CONTRACT ADMINISTRATION

6.1. DEFINITIONS

6.2. APPOINTMENT OF REPRESENTATIVES

6.3. CONTRACTOR'S INVOICE

6.4. PAYMENT TO CONTRACTOR

6.5. SCHEDULE OF VALUES

6.6. WITHHOLDING OF PAYMENT

6.7. PROGRESS PAYMENTS

6.8. MODIFICATION OF CONTRACT SUM

6.9. RETAINAGE

6.10. SUBSTANTIAL COMPLETION

6.11. FINAL PAYMENT

6.12. CRITICAL PATH METHOD (CPM) REQUIREMENTS

7. SPECIAL CONTRACT REQUIREMENTS

7.1. BID SURETY

7.2. PERFORMANCE AND PAYMENT BONDS

7.3. ADDITIONAL BOND SECURITY

7.4. INSURANCE REQUIREMENTS

7.5. CERTIFIED COPIES

7.6. OPTION FOR INCREASED QUANTITY

7.7. DIFFERING SITE CONDITIONS

7.8. SPECIFICATIONS AND PROJECT DRAWINGS

7.9. USE AND POSSESSION PRIOR TO COMPLETION

8. CONTRACT CLAUSES

8.1. ASSIGNMENT OF CLAIMS

8.2. ASSIGNMENT OF RISK

8.3. CHANGES

8.4. CLAIMS

8.5. CODES

8.6. COMMERCIAL WARRANTY CLAUSE

8.7. CONTINGENT FEES

8.8. CONTRACTOR INSPECTION REQUIREMENTS

8.9. COPYRIGHTS

8.10. COUNTY-FURNISHED PROPERTY

8.11. COUNTY TERMINATION FOR CONVENIENCE

8.12. DEFAULT

8.13. DEFAULT, TERMINATION FOR

8.14. DISPUTES

8.15. EQUAL OPPORTUNITY

8.16. EXTRAS

8.17. FEDERAL, STATE, AND LOCAL TAXES

8.18. GRATUITIES

8.19. GRATUITIES, TERMINATION FOR

8.20. HAZARDOUS MATERIALS

8.21. INDEFINITE QUANTITY

8.22. INDEMNIFICATION

8.23. INDEPENDENT PRICING

8.24. LATE BIDS, MODIFICATIONS OR WITHDRAWAL OF BIDS

8.25. NO INDIVIDUAL LIABILITY

8.26. NON-HIRING OF STATE/COUNTY EMPLOYEES

8.27. NOTICE OF AMBIGUITIES

8.28. OFFICALS NOT TO BENEFIT

8.29. OPTION TO EXTEND THE TERM OF THE CONTRACT

8.30. OTHER CONTRACTS

8.31. PATENT RIGHTS

8.32. PAYMENTS

8.33. PERMITS & RESPONSIBILITIES

8.34. SEVERABILITY

8.35. SOVEREIGN IMMUNITY

8.36. SPECIFICATION INTERPRETATION

8.37. SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS

8.38. SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS

8.39. SUFFICIENT APPROPRIATIONS

8.40. SUSPENSION OF WORK

8.41. THIRD PARTY BENEFICIARY

8.42. VARIANCE BETWEEN PLANS AND SPECIFICATIONS

8.43. VENUE AND JURISDICTION

9. LIST OF ATTACHMENTS

9.1. LIST OF ATTACHMENTS

10. REPRESENTATIONS AND INSTRUCTIONS

10.1. BIDDER QUALIFICATION

10.2. REPRESENTATION, CERTIFICATION, AND OTHER STATEMENT OF OFFEROR

10.3. VENDOR REGISTRATION

10.4. COMPLIANCE WITH APPLICABLE LAW

10.5. BIDDER'S REFERENCE SHEET

10.6. SUBCONTRACTOR SERVICES

11. INSTRUCTIONS, CONDITIONS, AND NOTICES OFFEROR

11.1. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR

12. EVALUATION FACTORS FOR AWARD

12.1. AWARD OF CONTRACT

12.2. REJECTION OF QUOTES/BIDS/PROPOSALS

13. VENDOR RESPONSES

13.1. VENDOR QUESTIONNAIRE

13.2. ATTACHMENTS AND EXHIBITS

Attachments:

A - J-5 Snow Hill - 19074012_Specifications

B - J-6 SNOW HILL PLAN SET 061926

C - J-7 2025-09-25 USACE Cofferdam info

D - J-8 MDE Permit

E - J-9 Snow_Hill_Archaeological_Report_2.24.22

1. PRICE PROPOSAL

1.1. BID PROPOSAL

Submission of a bid through the County’s electronic bidding system constitutes the Bidder’s certification that the bid has been fully reviewed prior to submission and that all prices, quantities, and entries are accurate as submitted. The Bidder acknowledges that the electronic bidding system provides the opportunity to review and confirm all bid information prior to final submission.

Distribute indirect costs between material and labor appropriately. For bid evaluation purposes only, not to be construed as meeting the requirements of the Schedule of Values for progress payments.

BASE BID

Line Item Description Quantity Unit of

Measure Unit Cost Total

001 MOBILIZATION 1 LUMP SUM

Line Item Description Quantity Unit of

Measure Unit Cost Total

002 EROSION & SEDIMENT

CONTROL

1 LUMP SUM

003 EARTHWORK 1 LUMP SUM

004 SITE IMPROVEMENTS 1 LUMP SUM

005 STORMWATER MANAGEMENT 1 LUMP SUM

006 PLANTING 1 LUMP SUM

TOTAL

ALTERNATE BID ITEMS

Line Item Description Quantity Unit of

Measure Unit Cost Total

A001 ALTERNATE - ADDITIONAL

DREDGING

1 CYD

A002 TIDAL WETLANDS IMPACT

MITIGATION - SPARTINA PLUG

1 EA

A003 CLASS 1A UNSUITABLE REMOVE

AND REPLACE

1,000 CYD

TOTAL

2. DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

2.1. INTRODUCTION

The Commissioners of St. Marys County (County). Department of Recreation and Parks is soliciting bids to provide construction services as the Snow Hill Park for a Boat Launch, Kayak Launch and Parking

Solicitation documents may be downloaded from the OpenGov Procurement Portal

(https://procurement.opengov.com/portal/stmaryscountymd) under its bid number.

Funding for this project has been made available through the County-approved Capital Improvement Program, Project

RP1901 No less than seven and one-half percent (7.5%) of the actual work must be performed by the bidder with their own forces. The bid shall include the designation of actual work to be performed by bidder with their own forces as shown on the Subcontractor’s List.

2.2. PRE-BID MEETING & SITE VISIT

https://procurement.opengov.com/portal/stmaryscountymd

A Virtual Pre-Bid Meeting, to answer questions about preparing and submitting your bid will be held at 10:00 am on

Thursday, July 30, 2026. This meeting is not mandatory, but it is an opportunity for bidders to ask questions regarding this project. Additional information, questions and answers, clarifications or changes resulting from this meeting that affects the solicitation requirements will be provided to all prospective bidders via a formal written amendment posted on

OpenGov Procurement.

Site Visit (if applicable): Yes Location: Snow Hill Park- 26582 South Sandgates Road, Mechanicsville, MD Use RSVP manager to attend

2.3. DESCRIPTION

Snow Hill Park was acquired by the Commissioners of St. Mary’s County in March 2017 through a partnership with the Maryland Department of Natural Resources and the United States Navy. There is a

Deed of Conservation Easement on this property that outlines the easement purpose and allowable activities that may occur on the property.

A park Master Plan was adopted by the CSMC on September 12, 2023.

www.stmaryscountymd.gov/docs/Snow_Hill_Community_Park_Master_Plan_FINAL.pdf

The park is envisioned to provide space for passive recreation and waterfront activities; will help to buffer the Patuxent River Naval Air Station from future encroachments; and protect natural resources and the

Chesapeake Bay watershed. Passive recreational uses envisioned for the site include but are not limited to hiking and nature trails; flexible use athletic practice fields; canoe/kayak launch area; boat ramp;

picnicking; unsupervised swimming/wading; parking; restrooms; education/nature interpretation and forested conservation; and a playground.

To allow for initial public access, the Architect and Engineering work was completed to include design and engineering of roadways and parking; boat launch off the Patuxent River; and a canoe/kayak launch.

The establishment of additional nature trails; nature interpretation and viewing opportunities; restroom building (s) with drinking water fountains; and a upgraded park entrance and roadway are planned for future improvements.

2.4. SCOPE OF WORK

2.4.1. CONSTRUCTION SERVICES

Construction of the passive recreational community park adhering to the engineering designs and comply with all secured state/federal permits. All dredging and pier/kayak work must be provided by a Maryland Department of the Environment approved Maryland Marine Contractor License.

https://mde.maryland.gov/programs/water/wetlandsandwaterways/pages/licensedmarinecontractors.aspx

Per construction documents J-5 and J-6, work includes:

• Mobilization & Site Preparation

• Erosion and Sediment Control

• Earthwork & Grading

• Dredging http://www.stmaryscountymd.gov/docs/Snow_Hill_Community_Park_Master_Plan_FINAL.pdf https://mde.maryland.gov/programs/water/wetlandsandwaterways/pages/licensedmarinecontractors.aspx

• Additional dredging up to 4ft depth

• Ramp Construction

• Dock Installation

• Kayak launch

• Parking

• Roadways

• Mitigation and Planting with one year maintenance and upkeep

• Stormwater Management

• Sidewalks

• Coordination with contractors doing entrance and road improvements.

Documents provided by the County/Designer

• J-5 Contract Specifications

• J-6 Engineered Site Plans

▪ Forested Conservation Plan

▪ Stormwater Plan

▪ Landscaping, planting and site mitigation plan

▪ Soil Conservation plans

▪ Construction Specification

▪ Geotechnical reports

▪ New bathymetric survey

▪ Critical Area Commission requirements

• J-7 USACE Cofferdam Information

• J-8 Maryland Department of the Environment Water and Science Administration Water Quality Certification with special conditions

• J-9 Archaeological Study

2.4.2. STATEMENT OF WORK

The Work consist of the following items:

• Installation of a boat ramp

• Installation of a kayak launch

• Installation of access roads and parking areas

• Dredging ramp area.

The Contractor shall be responsible to have a full and complete understanding of all the relevant studies and permits and comply with applicable local, State, and Federal codes, standards, and requirements.

2.4.3. GENERAL SERVICES

The Work to be done under this Contract includes, but is not limited to, furnishing all plant, labor, materials, tools, equipment, superintendence, transportation and performing all work strictly in accordance with these Specifications and

Drawings.

A. The Work shall be done under Contract to the County and under the supervision of the COTR.

B. The Work shall be complete in all its parts and ready for use in the time specified and in strict accordance with the terms and conditions of this Contract. Any deviation shall be subject to the approval of the Contracting Officer.

C. The Contractor shall follow the requirements of all the permits issued for the proposed construction.

D. The Contractor shall assume all responsibility for the Project and construction site until accepted by the County.

E. The Contractor shall be prepared to execute a finished Project in every particular detail without any extra charge, unless specifically provided for within the Contract.

2.4.4. PROJECT SITE

The project site is located entirely in the Resource Conservation Area (RCA) and a portion of the project site is in the 200-foot Critical Area Buffer. The kayak launch will be located on the western side of the property, which fronts a tidal pond called Roslin Creek. The boat ramp will be located on the south side of the beach area.

A. The Contractor, before submitting a proposal for this Project, shall visit the construction site (either after the pre-bid meeting or on their own) and thoroughly familiarize themselves with all existing conditions.

B. The Contractor shall satisfy themselves as to the accuracy and completeness of these Specifications and Project

Drawings regarding the nature and extent of all Work described.

C. The Contractor shall use the horizontal and vertical survey control points shown on the Contract Drawings to layout the lines of work, stakeout the location of all proposed structures, and verify the levels of all construction elements.

D. Should there be any discrepancies between Drawings, and/or field conditions after bidding and prior to the beginning of

Work, the Contractor shall bring such discrepancies to the attention of the applicable COTR, at the Work pre-construction conference.

2.5. SPECIAL INSTRUCTIONS TO THE CONTRACTOR

A. Limit of Disturbance:

A. The Contractor shall confine all their work to the area delineated on the plans as “Limit of

Disturbance (LOD).” Any changes in the Limits of Disturbance shall be subject to the approval of the applicable COTR.

B. Public Safety:

A. The Contractor shall exercise extreme care while moving equipment and material through the

Work Area during construction, to always assure public safety. For this purpose, the Contractor shall coordinate with the applicable COTR to establish and implement appropriate traffic controls and safety precautions during construction.

B. The safety precautions shall include installation of safety fencing around access, staging, stockpile and other work areas; as well as providing steel plates to cover open trenches and rerouting pedestrian traffic using warning signs like “Sidewalk Closed”.

C. Test Boring:

While it is believed that test borings provided accurately indicate subsurface conditions for boring locations on the date taken, the County assumes no responsibility for actual conditions which may be encountered in execution of Contract. Should the Contractor rely, for any purpose, upon accuracy or completeness of said borings, or log thereof, they do so at their own risk.

Contractor is responsible for all material testing; soil bearing under roads, parking lot, boar ramp, sidewalks, submerged gravel wetland; concrete reinforcing and concrete testing; proof roll of parking lots and roads, and asphalt compaction with box sample.

D. Protection and Restoration (if necessary) of Existing Site Features:

1. The Contractor shall protect the existing trees, and any other existing utilities and structures located outside of the LOD (Limit of Disturbance) from damage during construction. If these site features are damaged, due to construction activities, the Contractor shall repair them, at their own expense, to a condition equal to or better than that found at the time of Award of Contract. Repairs will be made to the satisfaction and approval of the applicable COTR.

2. Utilities shown on the plans are based on the best available records and field determination at the time of the field surveys reflected on the Drawings. The Contractor shall verify horizontal and vertical locations of all utilities and shall provide adequate means of protection of all utilities during their operations. Any damage to the utilities caused by the proposed construction activities shall be repaired at the Contractor's expense to the satisfaction of the utility owner. The Contractor shall not interrupt the existing utility services, except when permitted in writing by the applicable COR and only after acceptable temporary utility services have been provided. The Contractor shall notify Miss Utility and the applicable COTR prior to excavation.

3. If during construction operations the Contractor should encounter additional utilities, they shall immediately notify the Engineer and the Owner(s) of the utility and take all necessary and proper steps to protect the continuance of service. In case of damages to any existing utility installations by the Contractor, either above or below ground, they shall have such utility restored to a condition equal to that which existed prior to the damage at their entire cost and expense.

4. All utilities are to remain in service during the construction of this project unless written authorization for interruption of service is received from the utility owner and the interruption is approved by the applicable

COTR.

5. It shall be the Contractor’s responsibility to contact the respective utility owner concerned five (5) working days prior to proceeding with any work, which may affect their utility. The Contractor shall contact “Miss

Utility” at 1-800-257-7777 or 811 before commencing any work.

6. Relocation of utilities may be in progress during the construction. The Contractor shall give priority to utility relocation work, and coordinate and schedule his work with the on-going utility work. No claims for schedule delays due to on-going utility work will be approved.

2.6. PERMITS AND NOTIFICATIONS

Army Corp Permit (in attachment J-5)

Wetlands Permit (in attachment J-5)

MDE Permit (attachment J-8)

Contractor shall be responsible for following all permits, approvals and special conditions required by, Local, State and Federal government for this project, as well as all follow-up and reporting to all permitting agencies.

Timeline and Important dates o Park will be closed to the public October 1, 2026- April 1, 2027. Periodic closures after that are possible by request to the Project Manager.

o Construction to start: October 2026 o Cofferdam installation October 15, 2026- November 14, 2026; see special conditions on permits and licenses o Marine work on Patuxent River TOY restrictions: November 15,2026 - March 1, 2027 (Special permissions are under requested for extensions).

2.7. OPEN TRENCHES

Only those trenches may be opened for which material is on hand and ready for placing therein. As soon as practicable after material has been placed and work approved, trenches shall be backfilled and compacted as required by the

Contract. The Contractor shall provide and place steel plates for roadway and driveway crossings, as necessary.

2.8. CONTRACT DOCUMENTS

The Contract Documents for this Project includes this document, the project drawings, construction and material specifications, special provisions shown below, and all subsequent written amendments:

J-5 Snow Hill 19074012 Specification

J-6 Snow Hill Plan Set

J-7 2025-09-25 USACE Cofferdam info

2.9. ORDER OF PRECEDENCE

The specifications, plans, exhibits, addenda and other Contract Documents are intended to be complementary towards the construction of a complete and useable facility. Therefore, except as stated above, there is no order of precedence, and the

Contractor has the responsibility to notify the County of any variations between the plans and specifications as required in the clause entitled “Variance Between Plans and Specifications”.

The solicitation document identifies regulatory requirements specific to this solicitation and as defined by the terms, conditions, specifications, Contract clauses, exhibits, construction drawings, attachments, and any subsequent addendum. If there is a conflict between federal, state and local requirements, the most stringent requirement shall govern unless a formal amendment to the solicitation or a Contract Modification is issued as clarification. The

Project shall conform to the construction specifications and drawings as included in this solicitation. Additionally, the

Project shall conform to the federal, state and local requirements related to this solicitation. The solicitation and all documents incorporated herein, in conjunction with awarded bid, proposal forms, affidavits and attachments shall become a part of the Contract agreement between the Contractor and the County.

2.10. CONTRACTORS REVIEW OF CONTRACT DOCUMENTS

The Contractor acknowledges and agrees that the Contract Documents are adequate and sufficient to provide for the completion of the Work and include all work whether shown or described, which reasonably may be inferred to be required or useful for the completion of the Work in accordance with all applicable laws, codes and professional standards. The Contractor represents that the subcontractors, manufacturers and suppliers engaged or to be engaged by it are and will be familiar with the requirements for performance by them of their obligation.

3. PACKAGING AND MARKING

3.1. DELIVERY OF MATERIALS / EQUIPMENT

All materials and equipment shall be delivered to the project site or to an approved stockpile/staging area approved by the

COTR FOB destination, pre-paid and allowed. Contractor shall be responsible for offloading and installing materials and equipment at the site. Bids submitted on a basis other than FOB destination, pre-paid and allowed will be rejected as non-responsive and deemed unacceptable.

A. The term FOB destination as used above means that materials shall be delivered to project site free of expense to the County. The County shall not be liable for any delivery, storage, demurrage, accessories, or other charges incurred before the actual delivery to the destination unless such charges are caused by an act or order of the

County.

B. The Contractor shall:

1. Pack and mark shipment to comply with specifications or in the absence of specifications in accordance with manufacturers and carrier’s requirements.

2. Deliver shipments in good order and condition to the point of delivery specified.

3. Be responsible for any loss or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the Contract.

4. Furnish a delivery schedule to the COR.

5. Pay and bear all charges to the specified point of delivery for freight or mobilization.

C. Contractor shall be available to receive delivery of all material and equipment at project site.

4. INSPECTION AND ACCEPTANCE

4.1. INSPECTION BY COUNTY

The County reserves the right to inspect, test, sample, measure, or otherwise evaluate any Work, materials, equipment, supplies, or services furnished under this Contract to determine compliance with Contract requirements.

Such inspections may include field observations, laboratory testing, measurements, audits, review of records, manufacturer certifications, shop inspections, or other verification methods deemed necessary by the County.

The Contractor shall provide reasonable access to the Work and shall furnish all information, documentation, and assistance reasonably required to facilitate inspection and testing.

County inspection, testing, approval, or acceptance shall not relieve the Contractor of responsibility for compliance with the Contract requirements.

Until delivery and acceptance, and after any rejection, the RISK OF LOSS will be on the Contractor unless loss results from negligence of County.

4.2. INSPECTION BY CONTRACTOR

The Contractor shall maintain an adequate quality control program and shall perform such inspections and testing as necessary to ensure that all Work, materials, equipment, supplies, and services conform to the requirements of the

Contract.

The Contractor shall maintain records of inspections, tests, and corrective actions and shall make such records available to the County upon request.

The Contractor remains solely responsible for the quality and conformity of all Work regardless of any County inspection, testing, or acceptance activities.

4.3. INSPECTION OF CONSTRUCTION

In this Section, "Work" includes materials, workmanship, equipment, fabrication, and construction activities required under the Contract.

The Contractor shall provide, without additional cost to the County, all labor, equipment, access, facilities, and assistance reasonably required for inspections and testing.

The County may inspect and test the Work at any reasonable time prior to final acceptance. The Contractor shall promptly remove, uncover, or expose portions of the Work when requested by the County for inspection or testing.

The Contractor shall promptly correct or replace any Work found by the County to be defective, deficient, or otherwise nonconforming with the Contract requirements. Rejected materials shall be promptly removed from the project site.

If the Contractor fails to promptly correct or replace nonconforming Work, the County may perform or procure such correction or replacement and charge the resulting costs to the Contractor, or may exercise any other remedies available under the Contract, including termination for default.

If the County requires completed Work to be uncovered, removed, or tested and such Work is determined to be nonconforming, the Contractor shall bear all costs associated with the inspection, testing, removal, reconstruction, and restoration of the Work. If the Work is determined to be conforming, the Contractor shall be entitled to an equitable adjustment in Contract price and/or time, as appropriate.

The County may accept separately completed portions of the Work when determined to be in the County's best interest.

4.4. INSPECTION OF SUPPLIES

"Supplies" includes raw materials, components, assemblies, equipment, products, and other tangible items furnished under the Contract.

The County may inspect and test supplies at any reasonable time and place, including during manufacture, processing, storage, shipment, and prior to acceptance.

The County may reject or require correction of any supplies that are defective, damaged, or otherwise fail to conform to the Contract requirements.

The Contractor shall promptly remove, replace, or correct rejected supplies at no additional cost to the County. The

Contractor shall not re-submit corrected supplies for acceptance without disclosing the corrective action taken.

Failure of the County to inspect or reject supplies shall not relieve the Contractor of responsibility for furnishing conforming supplies.

If defective or nonconforming supplies are discovered after acceptance and acceptance is not conclusive due to latent defects, fraud, warranty obligations, or other rights reserved under the Contract, the County may:

1. Require correction or replacement of the supplies at no additional cost to the County;

2. Require an equitable reduction in Contract price; or

3. Procure replacement supplies from another source and charge the Contractor for any additional costs incurred if the Contractor fails to provide an acceptable remedy within the time specified by the Contracting Officer.

The Contractor shall bear all transportation, handling, and replacement costs associated with rejected or defective supplies.

4.5. SITE ACCESS AND INSPECTION OF WORK IN PROGRESS

The Contractor shall permit the County, its representatives, consultants, testing agencies, and other authorized persons reasonable access to the Work and work site at all times during performance of the Contract for the purpose of inspection, observation, testing, measurement, or verification of compliance with Contract requirements.

The Contractor shall provide safe and reasonable access to the Work and shall cooperate with all inspection and testing activities.

The County may require portions of the Work to remain exposed for inspection or testing where required by the Contract

Documents or applicable codes, standards, permits, or regulatory requirements.

If any portion of the Work is covered, concealed, or placed beyond observation contrary to Contract requirements or before required inspections are completed, the Contractor shall, upon request of the County, uncover and restore such

Work at no additional cost to the County and without adjustment to the Contract Price or Contract Time.

When corrective work is required, the Contractor shall provide the County with any documentation, procedures, test results, certifications, material submittals, or other information reasonably requested to demonstrate compliance with

Contract requirements.

4.6. RISK OF LOSS AND PROPERTY DAMAGE

The Contractor shall bear the risk of loss for all Work, materials, equipment, and supplies until acceptance by the County, unless otherwise provided in the Contract.

The Contractor shall be responsible for any loss, damage, injury, or destruction to persons or property arising out of or resulting from the acts, omissions, negligence, or willful misconduct of the Contractor, its employees, agents, subcontractors, or anyone directly or indirectly employed by them.

The Contractor shall promptly notify the County of any incident involving personal injury, property damage, or loss related to the performance of the Contract and shall cooperate fully in the investigation and resolution of such incidents.

The Contractor shall promptly repair, replace, or restore any damaged property for which it is responsible, or shall reimburse the County for the reasonable cost of such repair, replacement, or restoration.

Nothing in this Section shall be construed to limit any rights, remedies, indemnification obligations, or insurance requirements otherwise provided under the Contract or applicable law.

The Contractor shall not be responsible for losses resulting solely from the negligence or willful misconduct of the

County.

4.7. FINAL INSPECTION AND ACCEPTANCE

Upon notification by the Contractor that the Work is substantially complete, the County may perform a final inspection.

Any deficiencies identified shall be corrected by the Contractor prior to final acceptance.

Final acceptance shall occur when the County determines that the Work has been completed in accordance with the

Contract requirements and provides written notice of acceptance.

Final acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, warranty obligations, or other rights reserved under the Contract.

5. DELIVERABLES / PERFORMANCE

5.1. TEMPORARY UTILITY SERVICES

The Contractor shall be responsible, at its sole expense, for arranging, installing, maintaining, and removing all temporary utility connections, distribution lines, meters, and related equipment necessary to perform the Work.

All temporary utility installations shall be performed in a safe, workmanlike manner and shall be subject to the approval of the COR. The Contractor shall provide and maintain any meters or other devices required to measure utility usage for the Project.

Before final acceptance of the Work, the Contractor shall remove all temporary utility connections, distribution lines, meters, and associated equipment, unless otherwise approved in writing by the County.

5.2. CLEANING AND SITE HOUSEKEEPING

The Contractor shall keep all work areas clean and orderly throughout performance of the Work. The Contractor shall remove accumulated waste materials, rubbish, and debris caused by its operations on a daily basis, or more frequently if necessary to maintain safe and orderly conditions.

All waste generated by the performance of the Work shall be collected, stored, removed, and disposed of by the

Contractor in accordance with all applicable laws, regulations, ordinances, policies, and guidelines. Burning or burying of waste is prohibited. Volatile, hazardous, harmful, or dangerous materials shall be stored in appropriate containers and removed from the site daily. Such materials shall not be discharged into any drainage system.

The Contractor shall provide and maintain on-site containers for the collection of waste, rubbish, and debris. Dusty materials and rubbish shall be wet down or otherwise controlled to prevent blowing dust during construction.

The Contractor shall clean designated lunch and break areas daily to prevent pests, fire hazards, and unsanitary conditions.

The Contractor shall remove snow and ice from access points and areas under its control as necessary to maintain safe access to the Work.

Final cleaning shall be completed before the Contractor requests review for Substantial Completion.

5.3. FIELD ENGINEERING

The Contractor shall provide all field engineering services necessary to perform and control the Work, including, as applicable, land survey work, civil engineering services, structural engineering services, geotechnical engineering services, and dewatering system layout, installation, and operation.

The Contractor shall submit records of work performed and record survey data as required by the

Solicitation and Contract documents.

Survey Reference Points and Control

The Contractor shall establish and maintain a minimum of two (2) permanent benchmarks on site, referenced to established survey control points. The Contractor shall record the location of all benchmarks and control points, including horizontal and vertical data, on the Project Record Documents.

The Contractor shall verify layout information shown on the Drawings in relation to the property survey, existing benchmarks, and established control points before proceeding with layout of the Work.

The Contractor shall lay out the Work from County-established or Contract-indicated baselines, benchmarks, control points, lines, and grades and shall be responsible for all measurements required for proper layout of the Work. The Contractor shall furnish, at its sole expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the Work.

The Contractor shall locate and protect existing benchmarks, control points, permanent reference points, stakes, and other layout marks before starting site work and shall maintain and preserve them during construction until authorized for removal.

The Contractor shall not change or relocate benchmarks, control points, permanent reference points, stakes, or other layout marks without prior written approval from the County. The Contractor shall promptly report to the County and the Project Engineer the loss, destruction, damage, disturbance, or required relocation of any benchmark, control point, reference point, stake, or layout mark due to changes in grades, site conditions, or other reasons.

Lost, destroyed, damaged, disturbed, or dislocated survey control points, benchmarks, stakes, or layout marks shall be promptly replaced based on the original survey control. If such items are destroyed, damaged, or disturbed by the Contractor, its Subcontractors, or anyone for whom the Contractor is responsible, the County may replace them and deduct the cost of replacement from amounts due or to become due to the Contractor.

Survey Requirements

The Contractor shall provide field engineering services necessary to establish elevations, lines, grades, levels, and layout of the Work using instrumentation and accepted engineering survey practices.

Before commencing the Work, the Contractor shall verify and establish base elevations, if applicable, of existing facilities to ensure that new Work meets existing elevations in smooth and level alignment, except where specifically detailed or indicated otherwise.

Working from lines and levels established by the property survey, the Contractor shall establish benchmarks and markers necessary to set lines and levels for each story of construction and elsewhere as required to properly locate each element of the Project. The Contractor shall calculate and measure required dimensions within indicated or recognized tolerances. Drawings shall not be scaled to determine dimensions.

The Contractor shall advise entities engaged in construction activities of marked lines and levels provided for their use. As construction proceeds, the Contractor shall check each major element of the Work for line, level, and plumb.

The Contractor shall maintain a surveyor’s log of control and other survey work and shall make the log available to the County upon request. The Contractor shall record deviations from required lines and levels and shall advise the Project Engineer when deviations exceed indicated or recognized tolerances.

Deviations that are accepted and not corrected shall be recorded on the Project Record Drawings.

Existing Utilities

The existence and location of underground utilities, aboveground utilities, and other existing construction indicated in the Contract documents are not guaranteed. Before beginning site work, the Contractor shall review the civil drawings and coordinate with Miss Utility, local authorities, and utility companies having jurisdiction.

Dewatering

If dewatering is required to perform the Work, the Contractor shall be responsible, at its sole cost, for the placement, survey, installation, operation, maintenance, and removal of all dewatering systems, sump conditions, temporary facilities, and related equipment necessary to complete the Work.

5.4. CONSTRUCTION SUBMITTALS

This Section establishes administrative and procedural requirements for submittals required for performance of the Work.

Required submittals may include, but are not limited to:

A. Contractor’s construction schedule;

B. Schedule of values;

C. Submittal schedule;

D. Shop drawings;

E. Daily construction reports;

F. Samples; and

G. Other submittals required by the Contract documents or requested by the County, COR, Project

Engineer, or Architect/Engineer.

The requirements of this Section are in addition to, and do not limit, the requirements set forth in the section titled Contract Administration.

5.5. SAFETY AND ACCIDENT PREVENTION

The Contractor shall perform the Work in a manner that protects the lives, health, and safety of employees, County personnel, and other persons; prevents damage to property, materials, supplies, and equipment; and avoids unnecessary interruptions to the Work.

The Contractor shall provide and maintain all safety measures and equipment necessary to safely perform the Work, including, but not limited to, personal protective equipment, barricades, signs, signal lights, and other protective devices or measures reasonably necessary for the conditions of the Work.

The Contractor shall maintain accurate records of all accidents and incidents arising out of or related to the Work that result in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment. The Contractor shall report such accidents and incidents in the manner prescribed by the COR.

The COR may notify the Contractor of any noncompliance with this Section and the corrective action required. Notice delivered to the Contractor or the Contractor’s representative at the site of the Work shall be deemed sufficient notice. Upon receipt of notice, the Contractor shall immediately take the required corrective action.

The Contracting Officer may order all or part of the Work stopped until satisfactory corrective action has been taken. The Contractor shall not be entitled to additional compensation, time, or equitable adjustment resulting from a stop-work order issued due to the Contractor’s noncompliance with this

Section.

The Contractor shall be responsible for ensuring that its Subcontractors comply with this Section.

5.6. SECURITY OF CONTRACTOR PROPERTY

The Contractor shall be solely responsible for the security, protection, and safekeeping of its property, materials, tools, equipment, supplies, and vehicles brought onto or used at the Project site.

The County shall not be responsible or liable for loss, theft, damage, fire, vandalism, pilferage, or other casualty affecting the Contractor’s property.

The Contractor shall take all reasonable measures necessary to protect its personnel and property and to maintain safe and secure conditions for its operations.

5.7. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

The date of commencement of the Work shall be the date established by the County in a written Notice to Proceed issued to the Contractor following the pre-construction meeting, unless otherwise stated in the Contract documents.

The Contractor shall begin the Work within the time required by the Contract documents and shall prosecute the Work diligently, continuously, and with adequate labor, supervision, materials, and equipment necessary to complete the Work within the required Contract time.

The date of Substantial Completion shall be the date certified by the County when the Work is sufficiently complete, in accordance with the Contract documents, so that the County may occupy or use the Work for its intended purpose, with only punch list, correction, or closeout items remaining.

5.8. COUNTY RIGHT OF SETOFF FOR NON-PERFORMANCE

If the Contractor fails to perform any portion of the Work or otherwise fails to comply with the Contract requirements, the County may deduct from amounts due or to become due to the Contractor the value of the non-performed or nonconforming Work, the County’s actual costs incurred to correct or complete the Work, or any other amount recoverable by the County under the Contract.

Any deduction or setoff shall be reasonably related to the Contractor’s non-performance, nonconforming

Work, or failure to comply with the Contract requirements. The County’s exercise of this right shall not limit any other rights or remedies available under the Contract or applicable law.

5.9. PRE-CONSTRUCTION MEETING

Before commencement of the Work, the Contractor shall attend a pre-construction meeting with representatives of the County to review Contract requirements, project administration, scheduling, coordination, safety, security, site access, and other matters relevant to performance of the Work.

During the pre-construction meeting, the Contractor shall identify any assumptions, concerns, conflicts, ambiguities, or issues it believes require clarification before commencement of the Work. The County may provide necessary clarifications in writing.

Discussions, statements, or clarifications provided during the pre-construction meeting shall not modify the Contract requirements unless confirmed by written Contract modification or other written direction issued by the County by an authorized representative.

5.10. CONSTRUCTION OPERATIONS, ACCESS, STAGING, AND STORAGE AREAS

Prior to mobilization or commencement of the Work, and as applicable to the Work, the Contractor shall submit to the COTR for County approval a Construction Operations Plan depicting the proposed construction activities and temporary facilities associated with the Work. At a minimum, the plan shall identify temporary services and facilities, including temporary sanitary facilities, access routes, construction entrances, stockpile and staging areas, material storage areas, equipment storage areas, temporary roads, and other operational areas necessary to perform the Work.

The Contractor shall verify and obtain approval from the COTR for all proposed access routes, stockpile areas, staging areas, storage areas, temporary sanitary facility locations, and other temporary use areas prior to use. Approval by the COTR shall not relieve the Contractor of responsibility for the adequacy, safety, maintenance, protection, or restoration of such areas.

Unless otherwise specified, the Contractor shall be responsible for securing, providing, maintaining, protecting, and restoring all access routes, stockpile areas, staging areas, storage areas, temporary facilities, and operational areas required for performance of the Work.

Unless otherwise stated in the Contract documents, sanitary toilet facilities will not be available for

Contractor use. The Contractor shall provide, maintain, and remove adequate temporary sanitary facilities for all persons employed on or performing the Work. Temporary sanitary facilities shall be located as approved by the COTR and maintained in a clean, sanitary, and nuisance-free condition throughout the

Work. Upon completion of the Work, the Contractor shall remove all temporary sanitary facilities and leave the affected area clean, restored and free from nuisance.

Materials and equipment shall be delivered, stored, secured, protected, and handled in accordance with manufacturer recommendations, industry standards, and the Contract documents to prevent damage, deterioration, contamination, loss, theft, or vandalism.

The Contractor shall be solely responsible for the security, protection, storage, handling, and condition of all materials, equipment, tools, and supplies associated with the Work, whether stored on site or off site, until incorporated into the Work and accepted by the County, unless otherwise expressly provided in the

Contract documents.

The Contractor shall bear all costs associated with storage, transportation, relocation, handling, and protection of materials and equipment, including any off-site storage facilities. The County assumes no responsibility or liability for loss, theft, vandalism, damage, deterioration, or destruction of Contractor-owned or Contractor-controlled property.

Issues involving Contract interpretation, changes to the Contract requirements, additional compensation, time extensions, or unresolved disputes shall be referred to the COR or Contracting Officer, as applicable.

5.11. CONSTRUCTION SCHEDULE AND PROGRESS

Within ten (10) calendar days after the date of Notice of Award, or within such other time as determined by the County, the Contractor shall prepare and submit to the COTR for County acceptance a practicable construction schedule showing the order in which the Contractor proposes to perform the Work. The schedule shall identify the anticipated start and completion dates for major activities, including procurement of materials, equipment, submittals, approvals, installation, testing, inspections, and other activities necessary to meet the project phasing and completion requirements shown in the

Contract documents.

The construction schedule shall be maintained current and shall include, at a minimum, the following:

A. The various classes, phases, and areas of Work listed in the Schedule of Prices, broken down to show:

A. Time projected for submittals, reviews, approvals, and procurement;

B. Time projected for installation and erection; and

C. Time projected for testing, inspection, and acceptance.

B. The Work completed and the Work remaining to complete the Project.

C. Activities or conditions that may delay the start or completion of other major items of Work or delay completion of the

Project.

D. Anticipated impacts from inclement weather on weather-dependent operations.

For planning purposes, the Contractor’s schedule shall account for the following anticipated lost days due to weather, based upon a five-day work week:

January 4 July 2

February 4 August 3

March 4 September 2

April 5 October 3

May 5 November 4

June 2 December 4

Inclement weather alone shall not automatically entitle the Contractor to an extension of Contract time. The Contractor shall make every reasonable effort to continue the Work under prevailing conditions. The County may grant an extension of time if an unavoidable delay due to inclement weather actually occurs and is determined by the County to affect the controlling operation or overall Project completion.

An “inclement weather delay day” means a day on which the Contractor is prevented by inclement weather, or conditions adverse to the current controlling operation or operations as determined by the COTR, from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force engaged in such operation or operations for at least sixty percent (60%) of the total daily time then being spent on the controlling operation or operations.

The Contractor shall submit an updated construction schedule with each invoice and whenever required by major changes in the Work, Project conditions, or sequencing. Each revised schedule shall be submitted for County acceptance. The

Contractor shall comply with the accepted construction schedule and any accepted revisions.

If the Contractor fails to submit or update the construction schedule as required, the COTR may withhold approval of progress payments until the required schedule is submitted. Submission of required schedules and schedule updates is a condition precedent to approval of progress payments.

If, in the opinion of the COTR, the Contractor falls behind the accepted construction schedule, the Contractor shall take all steps necessary to improve progress and regain the accepted rate of progress. The County may require the Contractor to submit a recovery schedule showing how the Contractor will regain lost time. The County may also require the

Contractor to increase labor, supervision, equipment, shifts, overtime operations, or days of work as necessary to regain the accepted rate of progress, all at no additional cost to the County.

Failure of the Contractor to comply with the requirements of this Section may be grounds for a determination by the

County that the Contractor is not prosecuting the Work with sufficient diligence to ensure completion within the time required by the Contract documents. Upon such determination, the County may terminate the Contractor’s right to proceed with the Work, or any separable part thereof, in accordance with the Contract clause entitled “Termination for

Default.”

5.12. WORK HOURS AND HOLIDAYS

The Contractor shall perform work during the County's normal business hours unless otherwise approved. If the

Contractor desires to perform work on a Saturday, Sunday, County holiday, or outside normal business hours, a written request shall be submitted to the COR for review and approval.

At the discretion of the Contracting Officer, work under this Contract may be suspended on Saturdays, Sundays, County holidays, and on the business day immediately preceding or following a holiday.

COUNTY HOLIDAYS

New Year's Day Labor Day

Dr. Martin Luther King Jr. Day Columbus Day

Presidents Day Veterans Day

Good Friday Thanksgiving Day

Memorial Day Day After Thanksgiving

Juneteenth Christmas Day

Independence Day

The County reserves the right to modify its holiday schedule during the term of the Contract.

5.13. PROTECTION OF EXISTING PROPERTY, UTILITIES AND VEGETATION

The Contractor shall protect existing vegetation, structures, equipment, utilities, improvements, and adjacent property from damage resulting from the…