848231washerBalt.pdf

PROPOSAL FORM

BALTIMORE COUNTY

DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION

TOWSON, MARYLAND

Division of Construction Contracts Administration

ARCHITECT CIVIL ENGINEER

SP Arch, Inc. (Neal Curtis) Site Resources, Inc.

3613 Milford Mill Road 4 North Park Drive; Suite 100 Windsor Mill, Maryland 21244 Cockeysville, Maryland 21030

PH: 443-410-9464 PH: 443-689-0444

Jennifer Harrington

MECHANICAL ENGINEER STRUCTURAL ENGINEER

Columbia Engineering, Inc.

6210 Old Dobbin Lane Columbia, Maryland 21045

Bowman Inc.

300 E. Joppa Road; Suite 150 Towson, Maryland 21286 PH: 410-494-1111 (John McClain) PH: 410-992-9970 (Chris Reymann)

Contract Number 26068 PF0 Property Management Project

Halethorpe Fire Station Extractor Washer & Dryer – 4501 Washington Boulevard, Halethorpe, Maryland 21227

Halethorpe – District 13c3 Workday Number

PROJ-10001567

CONTRACT BASED ON SEPTEMBER 2023

STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MATERIALS

AND STANDARD DETAILS FOR CONSTRUCTION

Bidders Information

A pre-bid meeting will be held on Wednesday, October 28, 2026 at 10:00 a.m. EST via WebEx. Phone-In (Audio Only) 1-415-655-0001, Meeting Number 2304 984 1629##. Video Conference go to https://signin.webex.com/join Meeting Number 2304 984 1629,Password:

7Ch9kh5rdqB, for Webex link go to: www.baltimorecountymd.gov/departments/public-works/engineering/contracts/current-solicitations

Baltimore County Prevailing Wage & Local Hiring Affidavit, Requirements & Wage Rates see pages 717-725.

(Contract Disclosure): “Wage rates that are in effect as of the contract solicitation date will be the wage rates through the duration of the project”

MBE/WBE Requirements & Forms see pages 726-740 https://signin.webex.com/join http://www.baltimorecountymd.gov/departments/public-works/engineering/contracts/current-solicitations http://www.baltimorecountymd.gov/departments/public-works/engineering/contracts/current-solicitations

Revised 9/2024

THIS PROPOSAL FORM INCLUDES AND INCORPORATES ALL DOCUMENTS AND

INFORMATION REFLECTED, LISTED, AND/OR REFERENCED IN THIS

TABLE OF CONTENTS, AND ALL SUCH DOCUMENTS AND INFORMATION ARE PART

OF AND INCORPORATED INTO THE CONTRACT DOCUMENTS.

TABLE OF CONTENTS

Section Page Number SECTION NAME Number

Title Page (cover) ……………………………………………………………….. 1 Table of Contents ……………………………………………………………….. 2

I. INFORMATION FOR BIDDERS ………………………………………. 3-6

II. SPECIAL PROVISIONS ……………………………………………….. 7-703

(General Provisions) ………………………………………………….. (11-12) (General Conditions) …………………………………………………..(13-42)

III. PERMITS…………………………………………………...................… 704

Building Permit …………………….…………………………………... 705-706

IV. PROPOSAL (This section to be completed at time of bid) …………. 707

Description of Work …………………………………………….. 708 Description of Items & Schedule of Prices …………………… 709 Proposal Affidavit ……………………………………………….. 710-715 Bid Bond …………………………………………………………. 716

Baltimore County Prevailing Wage and Local Hiring Affidavit, Requirements & Wage Rates ………………………. 717-725 MBE/WBE Requirements and Forms …………………………. 726-740

V. POST AWARD DOCUMENTS (This Section to be completed by successful bidder after award) ….………………………... 741

Contract Agreement …………………………………………….. 742-744 Performance Bond ……………………………………………… 745 Payment Bond …………………………………………………… 746 Insurance Documents ………………………………………….. 747

S E C T I O N I

INFORMATION FOR BIDDERS

ELECTRONIC SUBMITTAL PROCESS

To be considered, Bids (Section IV – Proposal) shall be received by the bid closing date and time to the following email address dpwbid@baltimorecountymd.gov. The contract number and company name should be referenced in the Subject Line of the email. Bids may not be submitted by any other means. Bids that are mailed or otherwise delivered to the Purchasing Division (including emails which indicate links to locations where the bid may be downloaded) and/or emails sent to any other Baltimore County email address will not be accepted.

Late Bids will not be considered. Bidders are strongly encouraged not to wait until the last minute to submit bids. The time stated on the auto-receipt (described below) will be definitive of the time of receipt. Bids received after the deadline will not be accepted. Bidders are advised that the County cannot receive email attachments greater in size than twenty-five (25) megabytes and this size limitation may be further reduced by requirements of the Bidder’s email provider which are beyond the control of the County. Bidder should consider separating any large bid attachment into multiple parts and emailing each part separately. In such case, Bidder will note that each email is 1 of 2, 2 of 2, etc.

Multiple part bids will not be considered unless all parts are received by the bid closing date and time.

After submitting a Bid to dpwbid@baltimorecountymd.gov, and upon successful receipt by the County thereof, Bidder will receive an auto-receipt email. This receipt is proof that the bid has been received by the Division of Construction Contracts Administration and should be retained for Bidder’s records. In the case of a bid submitted in multiple parts as described above, an auto-receipt email will be generated for each part. The County has no obligation to consider any Bid for which an auto-receipt was not generated.

As with any system, power outages or technology problems may arise that are outside of the County’s control and could affect your submission. The County will not be held accountable for such issues that may delay the transmission of any Bid.

NOTE: Electronic copy of the Bid Bond will be accepted at bid opening. The apparent low bidder is required to submit the original Bid Bond within ten (10) days after the bid opening to the Division of Construction Contracts Administration, 111 West Chesapeake Avenue, Room 300B, Towson, Maryland 21204.

INSTRUCTIONS AND SPECIFICATIONS

Refer to the enclosed proposal sheets for quantities to be bid upon. All proposals submitted on the attached form must give the price in clear figures for each item of the proposed work and be signed by the bidder with his name and address. Bidders must not change any item in the proposal for which a price has been stipulated by the County. Any change will cause rejection of the proposal.

NOTE: STATEMENT UNDER OATH FORM TO ACCOMPANY BID as per Baltimore County Purchasing Act 65-98, Section 15-94 and 15-95 which requires that the enclosed affidavit (see Proposal Affidavit pages in Section IV) be completed and submitted as part of the sealed bid.

Proposals made on any other than the attached form will not be considered. All papers included in, bound thereto, or attached to the Proposal Form are necessary parts thereof and shall not be detached, separated, or altered in their intent.

Changes in the phraseology of the proposal, additions, or limiting provisions will render the proposal informal or void and may cause its rejection.

All right is hereby reserved by the Purchasing Agent to reject any or all proposals and to waive formalities and technicalities as the interest of the County may require.

No successful bidder may withdraw his bid within NINETY (90) days after the opening thereof.

The successful bidder will be required to be bonded to Baltimore County, Maryland to the sum of One Hundred per Cent (100%) of the amount of his proposal or proposals according to the form of bond hereto attached for projects in excess of $25,000.00.

This Proposal must be accompanied by a Bid Bond in an amount of 5% of the bid, the exact amount to be determined by the difference between the low bid and the next lowest bid if two or more bids are received, or 5% of the bid if one bid is received. This guarantees payment of the amount thus determined in case of a default in any matter specified as required before award or in any matter resulting in failure to execute and deliver an Agreement, together with Payment and Performance Bonds, after award. The Bid Bond must be in the form accompanying the Proposal executed by a Surety licensed in the State of Maryland. The Surety must be currently rated “B” or better by the A. M.

Best Company, and the bid must be in an amount less than, or equal to, the underwriting limitation contained in Department of Treasury Circular 570 as amended at the time of the underwriting.

All work to be performed under this contract shall be done under strict compliance with Baltimore County Department of Public Works and Transportation September 2023 Standard Specifications for Construction and Materials and Standard Details for Construction and any and all proposed revisions thereto as of the date of advertisement and copies of which are available on the County’s website at www.baltimorecountymd.gov/departments/public-works/standards, and all of which are made a part hereof and incorporated herein (collectively, the “Specifications”).

If the bidder to whom an award is made shall fail to execute the contract and bond hereto attached and as herein provided, the award may be annulled and the contract awarded to the lowest responsible bidder who has consented to a time extension, and such bidder shall fulfill every stipulation embraced herein as if he were the original party to whom the award was made, or the Purchasing Agent may reject all of the bids as the interest of the County may require.

The Bid Bond of the three lowest bidders is deemed to be effective until the execution and delivery of the Contract Agreement, together with Payment and Performance Bonds for projects in excess of $25,000.00 or until rejection of all bids, whereupon Surety is deemed relieved of all further obligations under the bid bonds provided.

Bidders must examine the drawings and specifications carefully and must make a personal examination of the location and nature of the proposed work. In case doubt shall arise as to the meaning or intent of anything shown on the drawings or comprised in the specification, inquiry shall be made of the Director of Public Works and Transportation at least five (5) days prior to the date of http://www.baltimorecountymd.gov/departments/public-works/standards bid opening. The submission of the Proposal shall indicate that the bidder thoroughly understands the drawings and the terms of the Specifications.

To better ensure fair competition and to permit a determination of the lowest bidder, unresponsive bids or bids obviously unbalanced may be rejected by the Purchasing Agent.

Bidders are required to fill out the total price column and total their proposals so that the result of the bidding, barring possible arithmetical errors, will be known at once. Any errors in computations will be corrected by the Engineer when the proposals are canvassed. Where the unit price and the total price are at variance, the unit price will prevail.

Bidders must be prepared to complete the work within the time stated in the proposal.

NOTE: ONLY CONTRACTORS FORMALLY PRE-QUALIFIED WITHIN THE

ADVERTISED WORK CLASSIFICATION BY THE DIRECTOR OF PUBLIC WORKS AND

TRANSPORTATON OF BALTIMORE COUNTY 10 CALENDAR DAYS PRIOR TO BID

OPENING WILL BE ELIGIBLE TO SUBMIT BIDS.

Contracts for work under this proposal will obligate the contractors and subcontractors not to discriminate in employment practices. Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the contract. Successful bidders must be prepared to comply in all respects with the Contract Provisions regarding nondiscrimination.

Baltimore County has adopted a Minority Business Enterprise (MBE) program and Women’s Business Enterprise (WBE) Program. The percentage of participation applies to the contract amount awarded to the Contractor. Qualified minority subcontractors are those certified as being a Minority Business Enterprise by the following:

1. Maryland Department of Transportation Certification Committee (MDOT)

2. City of Baltimore, Minority Business Certification Council

Projects funded by the Federal Highway Administration are limited to the certification listed under #1

(MDOT).

More detailed information regarding the County’s MBE/WBE Program can be obtained from the County MBE Office, telephone (410) 887-3407. See Executive Order dated December 6, 2022.

MBE/WBE Participation Summary and Forms A, B, C, D and E enclosed in this proposal booklet.

NOTE: If you do not complete and submit the enclosed forms with your bid or offer to the County, the County may, in its sole discretion, deem your bid or offer NON-RESPONSIVE and accordingly the COUNTY WILL NOT CONSIDER YOU FOR CONTRACT AWARD.

The County reserves the right to require the low bidder to produce evidence indicating that the company’s financial condition is equal to, or better than, that enjoyed by the company at the time of prequalification. This additional information may be in the form of a financial statement or other evidence satisfactory to the Office of Budget and Finance.

Bidders’ attention is directed to the requirement that a permit must be obtained from the Baltimore County Bureau of Highways and Bureau of Traffic Engineering prior to cutting any County road for the purpose of obtaining sub-surface soils information, and permission must be obtained from the State Highways Administration prior to making any openings in a State road.

Under no circumstances shall a bidder enter upon any property outside a County or State road for the purpose of securing sub-surface soils information until permission is received from the property owner. The fact that the County has obtained a utility easement does not give the bidder the right to enter upon the property.

Prevailing index price of asphalt cement/ton $807.50.

INCLEMENT WEATHER POLICY: If Baltimore County General Government Offices are open or open with liberal leave the day the bids are due, the bids are due as stated in the bid documents (date and time).

ONLY when the Baltimore County General Government Offices are OFFICIALLY CLOSED the day the bids are due, the bid date will be postponed and an Addendum will be issued the next business (or next day buildings are officially open) day the county offices are open with the new bid date and time.

BID TABULATIONS: All bid tabulations will be confidential until after final award, at which time the total bid amounts for all bidders, as well as the complete bid tabulations for the top three (3) bidders, can be inspected by others when requested in writing pursuant to the Maryland Public Information Act.

ALTERNATIVE SOURCES OF CONTRACT BONDS: In the event your company is unable to qualify for bonding through a traditional commercial surety company, you may qualify for the required bonds through the State of Maryland, Department of Commerce (DOC). The Maryland Small Business Development Financing Authority (MSBDFA, pronounced Mis-Bid-Fa), an agency of DOC, operates a Surety Bond Program designed to assist small businesses, based in Maryland, that are unable to obtain adequate bonding on reasonable terms in the commercial marketplace. MSBDFA provides bid, payment and performance bonds for contracts funded by government agencies, regulated utilities and private entities. The penal sums of the bonds are limited to the aggregate amount of $2,500,000 and companies may pre-qualify for multiple bonds within pre-approved terms and conditions. MSBDFA also provides lines of credit, term loans and loan guarantees to help qualified businesses purchase equipment and real property, make improvements to leased property, refinance existing debt and assist them with their working capital needs. For more information on how to apply, you may contact:

Meridian Management Group, Inc. (MMG), (the Program’s Manager), 826 E. Baltimore Street, Baltimore, Maryland 21202, Telephone: (410) 333-4270. Or visit their website at www.mmgcapitalgroup.com for information, applications and a checklist of required documents and reports that must accompany the application.

http://www.mmgcapitalgroup.com/

Rev. 01/13 VI-6

S E C T I O N I I

SPECIAL PROVISIONS

GP-SECTION 4.10(C) REVISED

09/2024

MAINTENANCE BOND

Per the Baltimore County Department of Public Works and Transportation September 2023 Standard Specifications for Construction and Materials, Section GP – 4.10 (C) states, the contractor is required to post a maintenance bond in the amount of five (5) percent of the total cost of the contract or withhold five (5) percent retainage for two (2) years from the date of Final Acceptance.

BALTIMORE COUNTY, MARYLAND

BOND NO. _______________________

CONTRACT NO. __________________

MAINTENANCE BOND

THIS MAINTENANCE BOND is entered into on this _______________ day of __________________, 20____, by and between ______________________________________ as principal (“Principal”) and _____________________________________, a business entity that is authorized to transact business in the State of Maryland and is organized and existing under the laws of the State of __________________________, as surety ("Surety"), are held and firmly bound unto Baltimore County, Maryland, a body corporate and politic of the State of Maryland (“County”), as Obligee.

WHEREAS, the above-named Principal has entered into a written contract known as Contract Number _______________________ dated ______________________, 20___ with Obligee for (the "Agreement"), the terms of which are hereby incorporated by reference; and

WHEREAS, Principal has completed construction under the Agreement; and

WHEREAS, the Agreement includes a warranty on the quality of the Work performed that runs for a period of two (2) years from the date of the County’s final acceptance and that runs for two

(2) additional years beyond the repair date if any repair is done during the warranty period; and

WHEREAS, Principal is required to cause this instrument to be executed and delivered to Obligee as security for maintenance during the warranty period in an amount equal to 5% of the total value of the Contract.

NOW, THEREFORE, the Principal and Surety are held and firmly bound unto the Obligee in the sum of $________________________________________________________________ Dollars ($ _________________), lawful money of the United States of America, for the payment of which sum of money the Principal and Surety do bind themselves and their personal representatives, legal representatives, successors, and assigns, jointly and severally, firmly by this maintenance bond.

The conditions of this bond are as follows:

1. The Principal shall, for a period of two (2) years from and after the date of completion and acceptance of same by Obligee, replace all defects arising in the Work, whether resulting from defective materials, equipment, design furnished or workmanship. After such period, this obligation shall be null and void; otherwise it shall remain in full force and effect.

2. In the event of a default on the part of the Principal that may be the subject of a claim under this bond, Obligee shall mail, by certified mail, to Surety at the address listed below, a written statement that a claim is being made under the bond and, with substantial accuracy, the amount of the claim. Surety shall have no obligation to Obligee under this bond until the notice of claim is mailed.

3. When the Obligee has satisfied the condition of Paragraph 2 that a notice of claim be mailed, the Surety shall promptly and at the Surety's expense send an answer to Obligee within 30 days after the date of the claim. The answer shall state the amounts that are undisputed and the basis for challenging any amounts that are disputed. The answer shall be accompanied by payment (or arrangements for immediate payment) of any undisputed amounts.

4. Surety expressly waives any right to receive notice of extensions of time or alterations or modifications to the Agreement that may be granted by Obligee and agreed upon by Principal, and any such extensions, alterations, or modifications shall not affect the obligation of the Surety under this bond.

5. This bond is a specialty governed by the twelve-year statute of limitations period set forth in the Annotated Code of Maryland Courts and Judicial Proceedings §5-102.

WITNESS OR ATTEST: (Principal – Contractor Name)

_________________________ By:

Type Name:_____________________

Type Title: ______________________

Date: ___________________________

(Surety)

___________________________ By:_____________________________

Type Name:_____________________

Type Title:______________________

Type Address:____________________

Date:____________________________

The Contract shall be done in strict compliance with the Baltimore County Department of Public Works and Transportation September 2023 "Standard Specifications for Construction and Materials" and "Standard Details for Construction", and any and all revisions thereto as of the date of the fully executed Contract, including but not limited to the General Conditions Building Projects, as applicable, and all of which are made a part hereof and incorporated herein ( collectively, the "Specifications"). Copies of which are available on the County’s website at www.baltimorecountymd.gov/departments/public-works/standards. IN ADDITION, THE CONTRACTOR UNDERSTANDS AND AGREES

THAT THE FOLLOWING SECTIONS OF THE SPECIFICATIONS (GP-1.03 AND GP-5-

15) SHALL BE STRICKEN AND THE FOLLOWING SHALL BE INSERTED IN AND

INCORPORATED INTO THE CONTRACT IN LIEU THEREOF:

GP-1.03 ORGANIZATIONAL DEFINITIONS

Administration - Baltimore County.

Administrator - The Director of the Office of Budget and Finance, Baltimore County.

Baltimore County - Baltimore County, Maryland: a body corporate and politic.

Department - The word "Department" shall mean the Office of Budget and Finance of Baltimore County.

Engineer - One of the following engineering executives:

Director of Office of Budget and Finance Chief, Property Management Division of the Office of Budget and Finance

Any delegation of the Engineer's authority must be authorized in writing by any one of the above listed officials, and such delegation of authority will pertain only to the specific contract and/or contracts shown by the authorization. The title of the specific official will appear in those cases within these specifications where the word "Engineer" as defined herein is not sufficiently specific.

Inspector - The authorized representative of the procurement officer assigned to make detailed inspection of any or all portions of the work, or materials therefor.

Procurement Officer - See Engineer.

GP-5.15 DISPUTES

(a) Except as otherwise may be provided by applicable law or regulation, all disputes arising under or as a result of a breach of this Contract that are not disposed of by mutual agreement shall be resolved in accordance with this General Provision.

(b) As used herein, "claim" means a: written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of Contract terms, or other relief, arising under or relating to this Contract.

A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim under this General Provision. However, if the submission subsequently is not acted upon in a reasonable time, or is disputed either as to liability or amount, it may be converted to a claim for the purpose of this General Provision.

(c) When a claim cannot be resolved by mutual agreement, the Contractor shall submit a written request for decision to the Department's Chief of the Property Management Division for his decision in consultation with the County Office of Law. The Contractor's written request shall set forth all the facts surrounding the controversy, including, but not limited to, those items listed in GP-5.14(b). Any claim by the County shall be decided in like manner.

(d) The Contractor, at the discretion of the Engineer, may be afforded an opportunity to be heard and to offer evidence in support of his claim. Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract.

(e) The Department's Chief of the Property Management Division shall decide any and all claims. The decision by the Department's Chief of the Property Management Division shall be issued within ninety (90) Days on matters of less than fifty thousand dollars ($50,000) and within one hundred eighty (180) Days on matters of fifty thousand dollars ($50,000) or more. The written decision of the Department's Chief of the Property Management Division shall be final and binding unless appealed in writing to the Director of the Department within thirty (30) Days of the Chiefs written opinion to the parties. If the Chiefs decision is timely appealed in writing to the Director of the Department, the Director of the Department, serving as referee, will review the written appeal submitted to assure all reasonable attempts were made to resolve the appeal.

(f) The Director shall issue his/her decision in writing within ninety (90) Days. The

Director's decision shall be final and conclusive unless a written appeal is mailed or otherwise filed with the County Administrative Officer within thirty (30) Days of the Director's written decision.

(g) When the County Administrative Officer is satisfied all efforts at the Department level were made to resolve the dispute, a claim shall be resolved as follows:

(1) Subject to, and without in any way enlarging or limiting the other provisions of the Contract, the parties to any Agreement which adopts or incorporates by reference these Standard Specifications, appoint the County Administrative Officer as an administrative hearing officer pursuant to Article 25A, "Chartered Counties of Maryland", of the Annotated Code of Maryland.

(2) The parties further grant the County Administrative Officer the right to delegate this responsibility and authority in writing to a County official who is a registered professional engineer, independent of the Department of Public Works and Transportation’s Division of Construction Contracts Administration, or to any other County official.

(3) For disputes involving ten thousand dollars ($10,000) or more the decision of the administrative hearing officer shall be final and binding on both parties, subject only to such appeals on the record as provided by Article 25A. For disputes involving less than ten thousand dollars ($10,000), the decision of the administrative hearing officer shall be final and binding on both parties.

Revised 9/2024 12

GENERAL CONDITIONS

BUILDING PROJECTS

Revised September 1, 2024, in compliance with September 2023

Standard Specifications for Construction and Materials

INDEX GENERAL CONDITIONS

BUILDING PROJECTS

Page

I. SPECIFICATIONS

Article 1 - Applicable Specifications GC-1

II. DEFINITIONS

Article 2 - Definitions GC-1 Article 3 - Time Limits GC-2 Article 4 - Sunday, Night & Holiday Work GC-2

Ill. CONTRACT DOCUMENTS & SHOP DRAWINGS

Article 5 - Contract Documents GC-2 & 3 Article 6 - Shop Drawings GC-4 & 5 Article 7 - Separate Contracts GC-5 & 6

IV. PAYMENT

Article 8 - Payments GC-6 Article 9 - Approval of Payments GC-6 Article 10 - Payment Withheld GC-7 Article 11 - Changes in Work GC-7 & 8 Article 12 - Claims for Extra Cost GC-9 Article 13 - Deduction for Uncorrected Work GC-9 Article 14 - Delays and Extension of Time GC-9 Article 15 - Correction of Work after Final Payment GC-9 Article 16 - Deleted GC-9 Article 17 - Assignment GC-9 Article 18 - Maryland State Sales Tax GC-9 & 10

V. MATERIALS

Article 19 - Materials GC-10 &11

VI. QUALIFICATION, EMPLOYEES, WORKMANSHIP,

SUBCONTRACTORS & ADVERTISING

Article 20 - Qualification of Bidders GC-12 Article 21 - Employees and Workmanship GC-12, 13 & 14 Article 22 - Employment Lists GC-14 Article 23 - Contractor's Supervision GC-14 Article 24 - The County's Right to Do Work GC-14 Article 25 - County's Right to Terminate Contract GC-15 Article 26 - Sanitary Conveniences GC-16 Article 28 - Relation of Contractor and Subcontractor GC-16, 17 & 18 Article 29 - Interlocking Contracts GC-18 Article 30 - Advertising Signs GC-18

2/28/14 i 14

VII. LAWS, PERMITS, LICENSES, INSURANCE & BONDS

Article 31 - Laws, Permits and Regulations GC-18 & 19 Article 32 - Compensation, Liability and

Property Damage Insurance GC-19 Article 33 - Builder's Risk Insurance GC-19 & 20 Article 34 - Guaranty Bonds GC-20 Article 35 - Damages GC-20

VIII. INSPECTION AND SURVEYS

Article 36 - Inspection GC-20 & 21 Article 37 - Surveys GC-21 Article 38 - Unauthorized Work GC-21

IX. CONSTRUCTION

Article 39 - Construction Schedule GC-21 Article 40 - Protection of Work and Property GC-22 Article 41 - Shoring, Bracing and Sheeting GC-22 Article 42 - Tests GC-22 & 23 Article 43 - Cleaning Up GC-23 Article 44 - As-Built Drawings GC-23 Article 45 - Drainage and Pumping GC-23 Article 46 - Temporary Water, Electric and Other Services GC-23 & 24 Article 4 7 - Connecting to Existing Utilities GC-24 Article 48 - Existing Utilities Shown on Plans GC-24

X. MISCELLANEOUS ADDENDA

Article 49 - Holidays GC-25 Article 50 - Buy American Steel GC-25 Article 51 - Guarantee GC-25 Article 52 - Offices and Telephones GC-25 & 26 Project Sign GC-27

2/28/14 ii15

GENERAL CONDITIONS

DESIGN BUILD BUILDING PROJECTS

I. SPECIFICATIONS

Article 1 Applicable Specifications

All work performed under this Contract shall be done under strict compliance with the Specifications bound herewith, and with the Baltimore County Standard Specifications for Construction and Materials and the Standard Details for Construction dated September 2023 and subsequent addenda thereto, so far as the same may be applicable, copies of which are available on the County’s website at www.baltimorecountymd.gov/departments/public-works/standards.

These General Conditions are in addition to the aforementioned Specifications.

Should there be any conflict with the aforementioned manuals, the General Conditions take preference.

II. DEFINITIONS

Article 2 Definitions

A. Architect and/or Engineer shall mean the registered Architect and/or Engineer commissioned by the County to prepare the plans and contract documents.

B. Engineer in these General Conditions and in the Construction Specifications in some instances refers to authorized representatives of the Office of Budget and Finance, Property Management.

C. Subcontractor, as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnished material worked to a special design according to the Plans and Specifications for the "work."

It excludes one who merely furnished material not so worked.

D. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice.

E. Repair means to restore after injury, deterioration, or wear; to mend, to renovate, by such means as appropriate, and to supply such materials and labor as necessary to render the item to be repaired sound, solid, true, plumb, square, even, smooth, and fully serviceable. Upon completion of such repair it must be, unless otherwise stated, rendered to such condition as to present a first-class finished work, or in instances where the repaired item serves as a base for additional finish, the repaired work must be such as to permit a first-class finish, to be applied without extra cost to the County.

When the word "repair" is used in connection with machinery or mechanical equipment, it shall mean, in addition to the above, rendering the equipment completely serviceable and efficient, ready for the normal use for which it was originally intended.

9/1/2024 GC-116

F. Some parts of the "Construction Specifications," bound herewith are of the abbreviated or "streamlined" type and includes incomplete sentences.

Omissions of words or phrases such as "the Contractor shall", "in conformity therewith", "shall be", "as noted on the drawings", "according to the plans", "a", "an", "the", and "all" are intentional. Omitted words or phrases shall be supplied by inference in the same manner as they are when a "note" occurs on the drawings. Words "shall be" or "shall" will be supplied by inference when colon (:) is used within sentences or phrases.

Article 3 Time Limits

The proposal shall indicate whether the contract limit is based on Working Days or Calendar Days. If this is not indicated in the Proposal, then the time limits will be based on Calendar Days.

Article 4 Sunday, Night and Holiday Work

If Sunday, night or holiday work is necessary due to an emergency or is permitted by the Engineer, the Contractor shall secure and pay for any and all permits required in connection with this work.

Ill. CONTRACT DOCUMENTS AND SHOP DRAWINGS

Article 5 Contract Documents

A. Clarification

It is assumed that the Contractor has obtained clarification of all questions which may have arisen as to intent of the contract documents, or assumed, or actual conflict between two or more items in the Contract Documents as required in "Instructions to Bidders." Should the Contractor have failed to obtain such clarification as required by the "Instructions to Bidders," then the Engineer may direct the work to proceed by any method indicated, specified or required by the Contract Documents in the interest of maintaining the best construction practice. Such direction by the Engineer shall not constitute a claim for extra by the Contractor.

B. Jargon

Work described in words that have a well-known technical or trade meaning shall be held to refer to such recognized standard use.

C. Drawings

The Contractor shall do no work without proper drawings and instructions.

Drawings are, in general, drawn to scale; however, symbols are used to indicate materials and structural and mechanical requirements. When symbols are used, the drawings are, of necessity, diagrammatic, as it is not possible to indicate all connections, fittings, fastenings, etc., which are included as a part of the work. Diagrammatic indication of mechanical piping, ducts, and conduit within the buildings is subject to adjustment in order to obtain proper grading, passage over, under or past obstructions, to avoid exposure in finished rooms and unsightly and obstructing conditions.

The Contractor shall coordinate these adjustments.

2/28/14 GC-217

1. Copies no longer Furnished

The County will no longer furnish the Contractor any copies of the Drawings and Specifications. Additional copies may be obtained by the Contractor down loading drawings and specifications from the Baltimore County Solicitation Web Page.

2. Copies of the Work

The Contractor shall keep in the office on the job a complete set of all drawings, specifications, shop drawings, schedules, etc., in good order and available to the Engineer and representatives of the County.

3. Ownership

All documents as furnished by the County remain the property of the County. They must not be used on other work but shall be returned to the County upon completion of the work.

D. Large Scale Detail Drawings

The Architect shall furnish, when necessary, additional instructions in the form of large scale developments of the drawings used for bidding, or to amplify Construction Specifications for the proper execution of the work.

These shall be true developments of the bidding documents and reasonably inferable there from. The work shall be executed in conformity herewith.

[See Article 6, Paragraph A.3.(c)]

E. Dimensions

The Contractor shall carefully check all dimensions prior to execution of the particular work affected. Whenever inaccuracies or discrepancies are found, the Contractor shall consult the Engineer prior to any construction or demolition. Should any dimensions be missing, the Engineer will be consulted and supply them prior to execution of the work. Dimensions for items to be fitted into constructed conditions at the job will be taken at the job and will be the responsibility of the Contractor. The obvious intent of the documents or obvious requirements dictated by conditions existing or being constructed supersedes dimensions or notes which may be in conflict herewith.

Whenever a stock size manufactured item or piece of equipment is specified by its nominal size, it is the responsibility of the Contractor to determine the actual space requirements for setting or entrance to the setting space. No extra will be allowed by reason of work requiring adjustment in order to accommodate the particular item of equipment.

Whenever new work, building, addition or portions thereof are not accurately located by plan dimensions, the Engineer will supply exact position prior to execution of the work.

11/2/17 GC-318

Article 6 Shop Drawings

A. Shop Drawings (those prepared by the Contractor or Vendor of Material)

The Contractor shall submit for the Architect's approval, at such times as agreed (see Article 8), shop drawings (to include setting drawings and schedules) as required for the work of the various trades. These drawings shall be prepared in conformity with the best practice and standards for the trade concerned. Due regard shall be given to speed and economy of fabrication and erection.

1. Items to be Detailed

Shop details shall be supplied for all items which are specially fabricated for the work or when the assembly of several items is required of a working unit. Shop drawings are required for all reinforcing and structural steel, specially made or cut masonry units, miscellaneous metal work, specially made flashings or roofing and sheet metal work, specially made millwork, special rough hardware and all heating, ventilating, plumbing and electrical requiring special fabrication or detailed connections, including ducts.

2. Submissions

Shop drawings, brochures and catalog cut submissions shall consist of sufficient copies to provide for the retention by the Architect and County of five (5) copies total plus such additional copies as the Contractor may require. Drawings shall not exceed 24 in. x 36 in. in size.

3. Examination and Approval

The Contractor shall review all shop drawings, brochures and catalog cuts provided by the subcontractors and vendors prior to submitting them to the Architect. The Architect shall examine shop drawings with reasonable promptness, noting desired corrections, or granting approval.

a. Field Dimensions and Conditions

The Architect is not responsible for the checking of dimensions or existing conditions in the field. This is the sole responsibility of the Contractor.

b. Resubmission

When the Architect's notations or corrections are extensive, then the Contractor shall resubmit the drawings with changes made on the drawings.

2/28/14 GC-419

c. Contractor's Responsibility

Unless the Contractor has in writing, notified the Architect to the contrary, at the time of submission, it will be assumed that the drawings are in conformity with the Contract Documents and do not involve any change in the Contract price or any change which will alter the space within the structure or alter the manner of operation from that contemplated in the Contract Documents.

d. Architect’s Notations

Should the Contractor consider any change or notation received in compliance with paragraph (c) above as increasing the cost of the work from that contemplated in the Contract Documents, then the Contractor shall desist from further action relative to the item he/she questions and shall notify the Engineer, in writing, within five (5) days of the additional cost involved. No work shall be executed until the entire matter is cleared or a Change Order issued, or the Contractor is ordered by the Engineer to proceed under the provisions of the County's Standard Specifications.

Failure of the Contractor to serve written notice, as above required, shall constitute a waiver of any claim in relation thereto.

(1) Similarly, should the Architect's notation or change involve less work than is covered by the Contract Documents, the Contractor shall allow the County the credit resulting from the change.

(2) Should the Contractor consider that any notation or change made by the Architect under provisions of this paragraph, paragraph (c), above, as involving a complete change in the subcontractor's relation or the substitution of a material different from that on which the Contract was based, then the Contractor shall act as herein stated or as in paragraph (c) above.

4. Project Completion

At the completion of the project, the Contractor shall submit a list of shop drawings for the entire project. This list shall contain the following information: title, description, specialty (Architectural, Structural, Mechanical, etc.), decision (no exceptions taken, approved, approved as noted, etc.).

Article 7 Separate Contracts

A. The County reserves the right to let other contracts in connection with paving and utilities adjoining this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs.

2/28/14 GC-520

B. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. Failure to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of the work, except as to the defects which may develop in the other contractor's work after the execution of the work.

C. To ensure the proper execution of his/her subsequent work, the Contractor shall verify work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings.

IV. PAYMENTS

Article 8 Payments

A. Under this Contract payments will be made monthly on the valuation of work accomplished and on account of materials delivered on the site, for incorporation in the work, which are suitably stored.

B. At the first of each month, the Contractor shall submit to the Engineer an application for payment on a form provided by the Engineer. Prior to application for first payment, the Contractor shall submit to the Engineer a schedule of values for the various parts of the work, including quantities, aggregating to the total sum of the Contract. This shall be so divided as to facilitate payment to subcontractors in accordance with Article 28, Paragraph C.1. The form of this submission shall be such as the Contractor or Engineer have agreed upon, and, if required, shall be supported by such evidence as to its correctness as the engineer may direct. This schedule, when approved by the Engineer, shall be used as a basis for approval of payment unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon the schedule, itemized in such form and supported by such evidence as the Engineer may require, showing the Contractor's right to the payment claimed. If required, the Contractor shall show receipts and other vouchers for the payments for materials and labor including payments to subcontractors, as required by Article 28.

C. Materials Purchased Under Allowance

The Engineer will provide schedules for all materials to be purchased from specified allowance.

Article 9 Approval of Payments

If the Contractor has made application, as above, the Engineer shall review and approve such payments as is decided to be properly due in accordance with the approved schedule. In approving such partial payments, there shall be retained no more than 10% of the total amount for the first 50% of the contract, after which only 5% of the total amount of the contract may be withheld unless the need is demonstrated for retaining more to protect the public interest.

2/28/14 GC-621

Article 10 Payment Withheld

A. The Engineer may withhold, or on account of subsequently discovered evidence, nullify the whole or a part of any payment to such extent as may be necessary to protect the County from loss on account of:

1. Defective work not remedied.

2. Claims filed, or reasonable evidence indicating probable filing of claims, by parties other than the Contractor.

3. Failure of the Contractor to make payments properly to subcontractors or for material or labor.

4. A reasonable doubt that the Contract can be completed for the balance then unpaid.

5. Damage to another Contractor.

6. Failure of the Contractor to submit data required within the time limits stated in the Contract Documents.

Upon removal of the above, payment shall be made for the amounts withheld.

Article 11 Changes in Work

A. The County, without invalidating the Contract, may order changes in the work by altering, adding to or deduction from the work, the Contract sum being adjusted accordingly. Such change shall be executed under these General Conditions. Extension of time made necessary thereby shall be adjusted at the time of such Change Order.

B. The Engineer shall have authority to make minor changes in the work not involving extra cost and not inconsistent with the purpose of the project.

Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless a written order for the Office Budget and Finance, Property Management signed or countersigned by the Director has been received by the Contractor. No claim for addition to the Contract sum shall be valid unless so ordered.

C. The value of any such extra work or change shall be determined in one or more of the following ways as determined by the Office of Budget and Finance, Property Management.

1. By Estimate and Acceptance of a Lump Sum

a. The prime Contractor shall furnish a breakdown of the estimated construction cost. The breakdown shall be of sufficient detail to describe the extra work and related costs for labor, material, overhead and profit.

2/28/14 GC-7

b. Overhead and Profit

(1) Extra work by Subcontractor:

Subcontractor will be allowed 10% overhead and 10% profit added to the direct labor and material costs. The prime contractor will be allowed to increase the subcontractors total lump sum by 10% to cover his/her administration.

(2) Extra work by Prime Contractor:

The prime contractor will be allowed 10% overhead and 10% profit added to the labor and material costs.

c. The prime contractor will be allowed 1 % for the bond added to the labor and material costs.

d. The allowed overhead will include all supervision; no additional allowance will be made for it.

2. By Unit Prices Named in the Contract or Subsequently Agreed Upon

Such unit prices are to include all supervision, overhead, taxes, insurance and profit.

3. By Cost and a Fixed Fee

Added to the cost is a fixed fee portion which is to include supervision, overhead, insurance and profit.

4. By Force Account (Labor and Material Cost plus)

In accordance with the Baltimore County Specifications for Construction and Materials Section GP 9.02, the Contractor is allowed to add 65% mark-up.

D. Should none of the methods stated in Paragraph C. 1, 2, or 3 be determined, the Contractor shall, providing he/she receives an order as defined in Paragraph B, above, proceed with the work on the basis of Paragraph C. 4.

Force Account.

The Contractor and Engineer shall keep accurate costs, in such form as the Engineer may direct, for presentation, together with vouchers, to the Office of Budget and Finance Property Management for determination of the value of the work included in each Change Order. Pending determination of the final value, the Engineer may include payments for materials and labor, as stated in Article 8, in monthly vouchers.

2/28/14 GC-823

Article 12 Claims for Extra Cost

No claim for extra will be granted which includes cost of delays or work stoppage due to strikes, lockouts, fire, avoidable casualties or damage or delay in transportation for which the County or its agents are not responsible. (See also Article 14.)

Article 13 Deductions for Uncorrected Work

If the Engineer and County deem it expedient to correct work injured or done not in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore.

Article 14 Delays and Extension of Time

If no schedule or agreement stating the dates upon which drawings shall be furnished is made (see Article 8), then no claim for delay shall be allowed on account of failure to furnish drawings until two (2) weeks after demand for such drawings, and then not unless such claim is reasonable.

Article 15 Correction of Work After Final Payment

Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials and workmanship. Unless otherwise specified, the Contractor shall remedy any defects and pay for any damage to other work resulting there from that appears within the guarantee period. The County shall give notice of observed defects with reasonable promptness. All questions arising under this Article shall be decided by the Director of Budget and Finance, Property Management.

Article 16 (Deleted)

Article 17 Assignment

The Contractor shall not assign the Contract. It shall not be sublet as a whole or sublet by trades or other portions in an amount of more than 75% of the monetary value of the Contract. The remaining 25% shall be executed by the Contractor with labor and materials directly purchased and paid for by the Contractor. Costs for insurance, over-head, supervisions, etc., may not be claimed as a portion of the 25% mentioned above. The execution of work by a subsidiary of the Contractor is not considered direct employment. The Contractor shall not assign any monies due or to become due to him/her hereunder, without the previous written consent of the County.

Article 18 Maryland State Sales Tax

A. Contractors who are performing work for the State of Maryland or any of its political subdivisions are required to pay tax on materials and supplies which will be incorporated into the work.

2/28/14 GC-924

B. The Contractor must pay the tax on all equipment which is purchased, Even though it may be used on a job for the State of any of its…