Appendix_A_-_Special_Provisions_-_261006.pdf

On-Call Maintenance, Repair and Upgrade of Utilities Infrastructure ITB# 27-008

Appendix A – Special Provisions

Table of Contents

APPENDIX A - SPECIAL PROVISIONS

1.0 GENERAL

GENERAL DESCRIPTION

METHOD OF ASSIGNMENT

COUNTY RIGHTS

START OF WORK

DRAWINGS AND SPECIFICATIONS

QUALITY OF WORK

LIQUIDATED DAMAGES

2.0 SCOPE OF SERVICES

PRE-CONSTRUCTION VIDEO

MOBILIZATION/DEMOBILIZATION

PROJECT SCHEDULE

PERMITS

EQUIPMENT AND MATERIAL SUBMISSION

EROSION AND SEDIMENT CONTROLP

GEOTECHNICAL TESTING

PROJECT COORDINATION

PROJECT MEETING

INVOICES

OPERATION AND MAINTENANCE MANUALS

AS-BUILT AND RECORD DRAWINGS

PROJECT CLOSEOUT

PREVAILING WAGE REPORTING

3.0 BID ITEM DESCRIPTIONS

BID ITEMS

TOTAL BID PRICE

APPENDIX A - SPECIAL PROVISIONS

1.0 GENERAL

GENERAL DESCRIPTION

The Charles County Department of Public Works is seeking bids from qualified firms to provide construction services for maintenance, repair, and upgrades for DPW projects on an as needed basis. This contract may be used by other Departments of Charles County Government as needed.

This is a "Task Order Contract". Tasks shall be issued in accordance with Section 1.2.1 of these Special Provisions. Charles County Government intends to enter into an agreement(s) with multiple General Contractor(s) to provide construction services.

Construction services include, but are not limited to, the following:

• Remove and reinstall county-owned pump installations.

• Miscellaneous Electrical and Mechanical equipment, and other services in collection and treatment processes.

• Valves, piping, and other miscellaneous utility equipment.

• Welding and fabrication services.

• The equipment to be repaired shall include, but is not limited to, the following:

• Vertical, close-coupled sewage pumps

• Vertical, extended-shaft (driveshaft) sewage pumps

• Vertical, submersible pumps

• Vertical turbine, line-shafted pumps

• Horizontal, coupled pumps

• Facilities’ Pre-cast Buildings

• Construction of new or modifications, alterations, replacement, rehabilitation, and repairs to existing water, sewer and reclaimed water piping systems and appurtenances, including but not limited to valves, vaults, hydrants, air/gas management valves, and manholes.

• General excavation, site work, and pavement restoration.

• General water well related repairs, when applicable.

METHOD OF ASSIGNMENT

The County intends to enter into multiple agreement(s) to provide the full range of services requested herein on a task-by-task basis. No monetary award will be guaranteed, and Contractors are not guaranteed any portion of work. Awarded contractors will be issued task order requests for quotes by County representatives and purchase orders will be issued at the task order level under the same terms of the original contract and any addition or special terms and conditions as specified in the request for quotes. All purchase orders are contingent upon appropriation and encumbrance of fiscal funding. Tasks awarded shall be inclusive of all services to be performed under the task order.

The County may issue requests for quotes to one or multiple contractor(s) at its discretion. Contractors remain responsible for submitting responses to County requests prior to any deadlines specified by the requesting County representative. Questions shall be submitted in writing to the County representative requesting quotes. Quotes shall be submitted to the County in accordance with the pricing approved in the Contract. The County reserves the right to request Best and Final Offers and/or negotiate pricing with Contractors.

The County may award tasks based upon price, experience, capacity, key personnel, availability, bonding capability, approach or past performance. The County reserves the right to award tasks at its sole discretion.

An official Notice to Proceed will be issued by the County representative before any work can commence on any task.

1.2.1 Task Order Value Thresholds

The County will provide in writing a task order request that outlines the required services for an individual task. The County may request a meeting with the Contractor, at the contractor’s expense, to help define the task. Failure by the County to not specifically name an activity in the outline does not relieve the Contractor of the responsibility of delivering a complete project proposal meeting all requirements as indicated or implied.

1. Task order thresholds are all inclusive of all services to be performed for an awarded task. Below are the task order request value thresholds:

a. The County shall request task order quotes from one (1) or more Contractors awarded under this Contract for tasks orders valued at less than $300,000.00.

b. The County shall request task order quotes from multiple Contractors awarded under this contract for task orders valued $300,000 to $500,000.00.

2. Task order threshold exceptions/modifications:

a. In certain instances when determined and documented to be in the best interest of the County, with prior written approval of the Chief of Purchasing, County Departments may be authorized to use this contract for tasks valued greater than $500,000.00. County Prevailing Wage and Mandatory MWBE Subcontractor goals apply to any task valued over $500,000.00.

b. The Chief of Purchasing, at their sole discretion, may revise this procedure as desired to best meet the County needs. Such revision will not require a modification of the Contract.

c. An exception may be made for projects that are applicable to County Code, Chapter 203-1, Article E.

COUNTY RIGHTS

The County reserves the right to:

a. Delete or insert tasks in the scope with appropriate changes in cost,

b. Suspend or terminate active projects for budgetary purposes or other reasons,

c. Award and reject task order submission at its sole discretion,

d. Negotiate, and

e. Request additional information at any time.

START OF WORK

The Contractor shall not commence work for each assigned task prior to receiving a written notice from the County. The notice will only be in the form of an official Notice-to-Proceed (NTP) letter from the Department of Public Works. Any task over the cost of $2,500.00 will require a Purchase Order before the start of work. Any other form of authorization of the start of work on each task does not constitute approval by the County.

DRAWINGS AND SPECIFICATIONS

All work shall be performed in accordance with the direction and/or project drawings and specifications provided by the County at the time the task order is requested. Furthermore, the work shall be in compliance with the current Charles County Government Department of Planning and Growth Management Standards & Specifications for Construction, Charles County Detail Manual, Charles County Water and Sewer Ordinance, Road Ordinance, Erosion and Sediment Control Ordinance, and all other local, state, and federal ordinances, codes, guidelines, and regulations applicable to the work being performed under this contract.

QUALITY OF WORK

Work performed must be of an acceptable industry standard level in terms of cost, time and workmanship. Failure to this standard, as determined by County representative, may be considered grounds for terminating the contract.

LIQUIDATED DAMAGES

Time is of the essence for the completion of each task order. In accordance with the General Provisions, the County shall, at its discretion, assess liquidated damages in the amount as determined by the County to be the actual cost incurred by the County as a result of the project being extended beyond the contract completion date as defined in each task order. Liquidated damages shall be noted at task order request if applicable. The amount of liquidated damages could range from $0 to $3,000 per day, depending upon the cost and duration of the overall task order contract.

2.0 SCOPE OF SERVICES

The Scope of Services for this work includes all direct and incidental work necessary to perform the work identified on the Bid Form and as described in Section 1.1- General Description of these Special Provisions.

A. All work shall be in accordance with applicable local, state, and federal standards, specifications, and approvals/permits that govern the work. This includes the Charles County Standard Specifications and Details for Construction.

B. Tasks may also include technical specifications and drawings that shall be adhered to in addition to applicable standards and providing reports and drawings.

C. By seeking bids from Contractors, the County does not represent that it will utilize the successful Contractor's services any guaranteed number of times over the course of the year. As part of the service contract, the Contractor will be required to meet the Insurance and Bonding Requirements included within this solicitation and when requested.

D. The successful Contractor will be expected to be available to provide services immediately upon issuance of a Notice to Proceed.

E. Any material/equipment/subcontractor/service required to perform work outside of the scope of services requested by the County shall be billed at the rates on the Bid Form. The County also reserves the option of obtaining these items directly.

Subcontractors include the provision of service and rental of equipment that the Contractor may need to complete the work.

Subcontractors and rental equipment must be approved in advance by the County Project Manager. Emergency repairs may not allow substantial time period for approval.

The County will require that the Contractor be on call on a 24-hours/day, 365 days/year basis for any emergency that may occur. The Contractor will be required to provide the County with an emergency service telephone number that can be accessible 24 hours a day. The Contractor must respond to the County Project Manager or designee within one (1) hour of initial contact (voice mail or message) and respond to and arrive at the work site within three (3) hours of the initial contact, unless otherwise directed by the County Project Manager.

F. For non-emergency, task-based work, the County will require the work to be performed during normal County work hours (7:00 a.m. to 4:00 p.m.). In the event that the Contractor requests to work outside the normal County work hours, approval must be granted by the County Project Manager in advance of the work. Otherwise, the Contractor will not be compensated for any additional expenses incurred for work performed outside of the normal work hours.

G. Communication and coordination with the Maryland State Highway Administration shall be required when working in the State Right-of-Way.

H. The County may, at its discretion, choose not to procure services under this Contract and to separately bid or solicit quotes from another vendor for any project, regardless of expected cost.

I. It shall be the responsibility of the Contractor to provide all services, equipment, labor, etc. necessary to address the County’s request and to provide a complete and operable product.

PRE-CONSTRUCTION VIDEO

Upon receiving the NTP and prior to mobilizing to the site, the Contractor shall conduct a site video inspection of the project area(s). Prior to the start of any work on site, a copy of the pre-construction site video shall be provided to the County in a digital format acceptable by the County.

MOBILIZATION/DEMOBILIZATION

Contractor shall mobilize and begin work within the agreed upon time between the County and the Contractor for each task order job. Mobilization shall include but is not limited to any required surveying and stakeout, equipment delivery, material delivery, and delivery of tools, and all requirements as specified in Section 01100 of the Charles County Government Department of Planning & Growth Management Standards & Specification for Construction.

At the completion of the project, the Contractor shall demobilize all equipment, tools, materials, etc. that is not part of the permanent construction and/or authorized by the County to remain on site. All areas shall be returned to its pre-disturbed or better condition.

Mobilization cost shall be paid one time per task order job in accordance with the Bid Form.

PROJECT SCHEDULE

Upon receiving the Notice to Proceed (NTP) letter from the County, the Contractor shall begin developing a project schedule to be submitted to the County for review and acceptance at or before the project Pre-Construction meeting. The schedule shall be prepared utilizing the Critical Path Method (CPM). The schedule shall breakdown each bid item task into manageable and measurable subtasks. The schedule shall be monitored through the duration of the contract and shall be updated prior to each progress meeting, with copies provided by the Contractor for each meeting attendee for review and discussion. The schedule shall be prepared in a manner that front loads concentrated work efforts that reserves time to deal with unforeseen difficulties, and still meet the allotted time for completion. Please refer to the holiday schedule in Section 4.15 when creating the project schedule. Only approved work shall be scheduled on weekends and holidays.

PERMITS

Permits for the work to be performed under this contract have been received by the County. The Contractor shall adhere to all conditions, requirements, and regulations required by permits. Any additional permits that are required will be obtained by the Contractor at his sole expense. The Contractor shall accept transfer of responsibility for all existing permits as appropriate. The Contractor will not be responsible for renewing the existing permits granted by MDE, and Charles County’s Codes, Permits, and Inspection Services Division (CPIS) throughout the duration of this project. The Contractor shall complete the Transfer of Authorization thru the e-transfer on MDE’s website. A copy shall be submitted to Charles County for approval prior to starting any work.

EQUIPMENT AND MATERIAL SUBMISSION

Equipment and material shall comply with the contract documents and the Charles County Government Department of Planning & Growth Management Standards & Specifications for Construction. The Contractor shall also provide a Certificate of Compliance for each material and equipment with each submittal stating that the equipment and/or materials fully comply with the requirements of this contract.

Prior to ordering and/or delivery, the Contractor shall submit for review and approval to the County or its authorized representative, all sources from which the Contractor proposes to obtain equipment and materials. Furthermore, prior to installation or use, the Contractor shall submit for approval, product data for all equipment and materials for the project.

EROSION AND SEDIMENT CONTROL

The Contractor must install erosion and sediment (E&S) control measures as shown on the project drawings, or as otherwise required by the regulations. The Contractor shall maintain all E&S measures throughout the duration of the Contract. All E&S measures shall be in accordance with the latest version of the Maryland and Specifications for Soil Erosion and Sediment Control and must adhere to any other federal, state, and local rules and regulations regarding erosion and sediment control.

The Contractor shall make available for access to all regulatory agencies having jurisdiction over erosion and sediment control and assist as necessary in the inspection of all E&S measures installed on this project by the contractor.

GEOTECHNICAL TESTING

The Contractor shall obtain the services of a 3rd party geotechnical inspection firm to perform testing on materials as required.

Testing requirements shall be in accordance with applicable sections of the Charles County Government’s Department of Planning & Growth Management’s Standard Specifications for Construction. Tests shall be performed, but not be limited to, when installing the following: select fill material, trench backfill, concrete, and preparation of subgrades. Geotechnical field representative shall verify that soil bearing capacity at subgrade meets minimum bearing specified.

PROJECT COORDINATION

The Contractor shall coordinate with all applicable County staff and utility companies having jurisdiction, stake, or vested interest that could or may be affected by this project. The Contractor must notify the affected parties prior to starting and at the completion of their work affecting the party’s vested interest. The Contractor shall maintain reasonable access to allow these parties to perform their duties as it relates to their respective jurisdiction, facilities, and property.

PROJECT MEETING

The Contractor is required to attend periodic meetings throughout the duration of the contract.

2.9.1 Project Kickoff Meeting (Office/Virtual)

The Contractor shall attend a project pre-construction “kick-off” meeting at the County prior to starting any work. The Contractor shall coordinate with the County for the date and time of this meeting and to provide items of discussion for the agenda. The Contractor must provide at least four (4) copies of the initial project CPM schedule and be prepared to answer any questions pertaining to the prepared schedule. The agenda for the meeting will generally include the following topics:

1. Responsibilities of Consulting Engineer

2. Responsibilities of the Owner/County

3. Responsibilities of the Contractor

4. Responsibilities of the funding agency

5. Coordination of utility work

6. Processing pay requests

7. Discussion of contractor’s schedule

8. Review of subcontractors

9. Submittals.

10. Change order procedures

11. Safety

12. Labor and equal employment requirements

13. Project inspection

14. Coordination between contractors

15. Project sign

16. Prevailing wage reporting

17. Permit conditions

18. Other items

2.9.2 Pre-Construction Site Meeting

The Contractor shall coordinate with the County, all applicable regulatory agencies and utility companies to schedule a pre-construction site meeting prior to start of work, and periodically as needed throughout the course of the project. The purpose of the site meeting is to provide an opportunity to discuss the effects the construction will have on each agency or company’s area of jurisdiction.

2.9.3 Bi-Weekly Progress Meetings

In an effort to keep the project on schedule, to review the progress of construction, and to discuss pertinent project issues, the Contractor shall be prepared to meet at the site on a bi-weekly (every other week) basis at an agreeable time and day during the work week.

The Contractor shall chair all Progress Meetings and provide an agenda for the meetings to the County at least 48 hours prior to the scheduled time of meeting. The Contractor shall keep record of each meeting and submit copies of the meeting notes to the County for review and comment within one (1) week following the meeting. In addition to the agenda, the Contractor shall provide a verbal status update, and an updated project schedule, copies of the previous meeting’s notes.

2.9.4 Field Coordination Meetings

The Contractor shall coordinate and attend, when necessary, any field coordination meetings required by the County, or any regulatory agency or utility company as required to discuss issues related to the performance of work identified in these Special Provisions.

INVOICES

The Contractor shall submit monthly invoices on the County’s standard invoices form for payment of work performed. Fourteen

(14) days prior to submitting the 1st monthly invoice, the Contractor shall submit a Schedule of Values to the County for review and approval. The Schedule of Values shall contain a cost breakdown of the construction items shown on the Bid Form and shall be consistent with the activities identified on the approved project schedule. Payment of invoices by the County shall be in accordance with the General Provisions.

The County will pay the Contractor monthly for work satisfactorily performed during the preceding calendar month, less 5% of the amount invoiced for retainage. The retainage shall be held for the one (1) year warranty period. In lieu of retainage, the County will accept a Maintenance Bond. Reduction of the retainage of less than 5% shall be at the sole discretion of the County, but not before the project has reached substantial completion.

OPERATION AND MAINTENANCE MANUALS

The Contractor shall furnish and submit to the County or its authorized representative two (2) complete sets of Operation & Maintenance (O&M) manuals. The O&M’s must comply with the latest version of the Charles County Government Department of Planning & Growth Management Standards & Specifications for Construction, Section GP5.04.8.

The O&M manual shall include information for all equipment and materials submitted for the work under this contract and approved by the County. Each piece of equipment and each material shall be sectioned with dividers containing the title of the equipment or material provided therein. Upon review by the County or its authorized representative, the Contractor shall make revisions to the O&M manuals as requested by the County.

AS-BUILT AND RECORD DRAWINGS

As the work progresses, the Contractor shall record all as-built information of the construction. The Contractor shall make available the as-built information to the County for inspection as the project progresses. At the completion of work and prior to substantial completion inspection, the Contractor shall submit as-built drawings to the County for review and approval. The Contractor shall allow two (2) weeks for review/approval by the County. If comments are returned, the Contractor shall address all comments resulting from the review. The Contractor shall revise and resubmit as necessary until the as-built drawings are approved by the County. Upon approval of the as-built drawings by the County, the Contractor shall develop the record as-built drawings which are to be signed and sealed by a professional engineer licensed in the State of Maryland. Once the County has received the record as-built drawings and all other necessary requirements are met, the Contractor may request substantial completion inspection.

The record as-builts may require revisions to address outcomes from substantial completion and final acceptance inspections.

PROJECT CLOSEOUT

Upon completion of all work related to this project, the Contractor shall complete and submit to the County the closeout documents provided in Appendices. Closeout documents are required prior to the release of retainage being held for the project.

2.13.1 Substantial Completion Certification and Certification

Prior to scheduling the final completion inspection, the Contractor shall submit final and complete As-Built drawings and complete the remainder of the substantial completion inspection punch list items. The County will issue a Certificate of Final Completion upon verification of completion of all punch list items, approval of the final As-Built drawings and final O&M manuals, and issuance of the Use and Occupancy Permit.

Costs associated with obtaining the Use and occupancy Permit shall be considered incidental expenses and therefore included in Total Base Bid Items A7 of the Bid Form.

2.13.2 Final Completion Inspection and Certification

The issue date of the Certificate of Substantial Completion shall signify the start of the warranty period for the project. The duration of the warranty period shall be minimum 1-year or 365 consecutive calendar days.

2.13.3 Warranty Period

The issue date of the Certificate of Final Completion shall signify the start of the warranty period for the project.

2.13.4 Final Progress Payment and Release of Retainage

The County will make the final progress payment to the Contractor upon completion of the following items:

• Issuance of Certificate of Final Inspection

• Tasks may require submission of Close Out Documents provided in the Appendices

Demobilization and cleanup, site restoration, and permanent stabilization

The County will release retainage upon proof or submission of a 1-Year Maintenance Bond. Proof of maintenance bond shall be via specific language in the performance bond or a letter from the bonding company stating that the performance covers the 1-Year warranty period. In the absence of a maintenance bond, the County, may allow for a partial release(s) of retainage at the Contractor’s request and approval by the County.

3.0 BID ITEM DESCRIPTIONS

All hourly rates/unit prices shall include all costs such as profit, overhead, equipment, transportation, fuel, tools, etc. needed for each bid item listed below to satisfactorily provide services. There shall be no hidden fees. Costs for services shall begin at the arrival time to the site unless work is already in progress on site.

BID ITEMS

3.1.1 A. Base Bid Items

Bid Items A1 – A7. Labor & Mobilization: Work Items shall be utilized on a case-by-case basis. Defined as providing and utilizing the indicated labor position to complete work as requested for a certain amount of time. Only the time the labor position is on the work site and working will be considered for payment. The hourly rate shall be the Contractor’s total expense per hour for the indicated labor position and shall include all the profits, overhead, equipment, transportation cost, etc. needed for this individual to satisfactorily complete the assigned projects. The Work Items will be paid on a per “hour” unit cost in accordance with the Pay Item Schedule and applicable Detail as authorized/approved by the County.

3.1.2 B. Materials, Subcontractor, & Equipment Rental Mark-Up

On-Call Maintenance, Repair, and Upgrade of Utilities Infrastructure ITB# 27-008

The Bidder certifies acceptance of a 10% markup that the Contractor may charge the County for any materials, labor, equipment, parts, and subcontracted work not covered under Base Bid Items, excluding the taxable portion. All markups shall be supported with quotes, invoices, and any other documentation deemed necessary by the County.

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