CCDPC2024-03 00800 SPECIAL CONDITIONS.pdf

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SECTION 00800

SPECIAL CONDITIONS

PARAGRAPH INDEX

Page No.

1 General 00800-1 2 Work To Be Done 00800-1 3 Familiarity With Proposed Work 00800-2 4 Award of Contract 00800-2 5 Time of Completion 00800-2 6 Liquidated Damages 00800-2 7 Maryland State Sales Tax 00800-2 8 Erosion Control 00800-2 9 Measurement and Payment 00800-2 10 Contingency Items 00800-3 11 Alternate Items 00800-3 12 Shop Drawings/Submittals 00800-3 13 Warranty 00080-4 14 Substitutions 00800-5 15 Testing Water Mains 00800-6 16 Project Meetings 00800-6 17 Restoration 00800-6 18 Budget 00800-6 19 Coordination 00800-6 20 Working Hours 00800-7

UPDATED 4/26/24

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SECTION 00800

SPECIAL CONDITIONS

1. GENERAL

A. Standard Construction Specifications and Details. "SHA Spec." or "Standard Specification” shall mean the Maryland Department of Transportation State

Highway Administration, "Standard Specifications for Construction and Materials", July 2020, as amended.

B. Special Conditions will govern General Conditions, Specifications, and Plans.

General Conditions will govern over all Contract Documents unless expressly stated otherwise.

2. WORK TO BE DONE

A. The work to be done under this contract consists of the furnishing of all labor, equipment, materials, and incidentals necessary to construct all site and facility improvements called out and described in the Construction Drawings and Specifications.

B. The plans and specifications are intended to cover a complete project. It should be distinctly understood that failure to mention specifically any work that would naturally be required to complete the project shall not relieve the Contractor of his responsibility to perform such work.

C. Construction-related permits are required for this project and shall be submitted by the Design/Build Contractor.

D. The Individual Site Assessments accompany these specifications and show a concept of the extent of the work to be done under this contract.

3. FAMILIARITY WITH PROPOSED WORK

Bidders are required to carefully examine the drawings and specifications and are strongly advised to 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 specifications, an inquiry should be made of the Engineer before the proposal is submitted. The submission of a proposal shall be prima- facie evidence that the bidder thoroughly understands the drawings and the terms of the specifications. Bidders are assumed to have made themselves familiar with all federal and state laws, local laws, ordinances, and regulations that in any manner affect the work or its prosecution.

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AWARD OF CONTRACT

Bids will be compared on the basis of experience, qualification, and total price, refer to Section 00100, Information for bidders. A contract, if awarded will be awarded to the lowest, responsible, responsive bidder whose proposal in the sole opinion of the owner, represents the best value and project understanding to the Owner.

TIME OF COMPLETION

A. The construction work shall occur when school is not in session starting on or after June 18, 2025 and shall be completed by July 31, 2025.

B. The time of completion shall be measured in consecutive calendar days and shall begin the first day following the date of Notice to Proceed or on the date indicated in the Notice to Proceed if such date is indicated.

C. If the work is delayed due to the actions of the Contractor beyond the time of completion, liquidated damages will be assessed.

D. If the work is delayed through no fault of the Contractor, the time of completion shall be extended as decided by the Owner.

LIQUIDATED DAMAGES

The amount of liquidated damages in accordance with paragraph, DEFAULT IN COMPLETION of the General Conditions, will be $250 per calendar day.

MARYLAND STATE SALES TAX

Materials purchased for this contract will be subject to Maryland State Sales Tax.

EROSION CONTROL

The Contractor shall take necessary measures to prevent sand and silt originating on the site of his operations from entering storm drains, ditches, or waterways. Erosion control measures shall be in accordance with the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control and the Construction Drawings. All physical sediment control structures are to be maintained to the satisfaction of the Owner, the MDE inspector, and the Engineer.

MEASUREMENT AND PAYMENT

A. Payment for all material furnished and work done under this Contract shall be made under the unit price or lump sum bid for each item as described hereinafter.

The Contractor shall not be entitled to receive additional compensation for anything.

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furnished or done, except for such extra work authorized in writing by the Engineer.

B. The unit price or lump sum bids shall include full compensation for all labor, materials,equipment, tools, and incidentals necessary to construct the complete in place with all appurtenances as shown on the contract drawings and as described in these specifications.

C. The successful Vendor shall provide a Schedule of Values for each lump sum bid item to detail the work to be done under each item. The basis of monthly payment requisitions shall follow the schedule of values.

CONTINGENCY ITEMS

A. Items listed as CONTINGENCY ITEMS in the Proposal may be used and will be paid for only at the written direction and authorization of the Engineer.

Contingency items may be selected in place of, or in addition to, the standard bid items. Such selections are to be authorized by the Engineer in writing. All materials furnished and installed shall be in accordance with these specifications.

Measurements and payment will be in accordance with the proposal and will include but not necessarily be limited to the furnishing, hauling, placing, and installing of materials, and the furnishing of such manpower and equipment as required to accomplish the work as directed in writing by the Engineer.

B. Contingency bid items are to be measured and paid for in accordance with the units shown in the Proposal. The contingency item prices shall be applied in computing the value of changes, additions, deletions, substitutions, and cash allowances which may be made in the work in accordance with the "Special Conditions' and by order of the Engineer. Each unit price shall include the cost for all labor, materials, tools, equipment, overhead, profits, and commissions necessary to complete the item.

ALTERNATE ITEMS

A. Items listed as ALTERNATE ITEMS in the Proposal may be used and will be paid for only at the written direction and authorization of the Engineer. Alternate items may be selected in place of the standard bid items. Such selections are to be authorized by the Engineer in writing. All materials furnished and installed shall be in accordance with these specifications. Measurements and payment will be in accordance with the proposal and will include but not necessarily be limited to the furnishing, hauling, placing, and installing of materials, and the furnishing of such manpower and equipment as required to accomplish the work as directed in writing by the Engineer.

SHOP DRAWINGS/SUBMITTALS

A. Shop drawings including dimensioned drawings, weights, and descriptive literature shall be submitted.

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B. The Contractor shall submit electronic drawings and other data as specified or required for all fabricated and/or manufactured articles. Where particular articles can be clearly identified by the manufacturer's standard catalog cuts or other descriptive data, this material will be satisfactory. Sufficient material shall be submitted to show compliance with the requirements of the specifications and to show that articles proposed for use in the work are acceptable.

C. All drawings, catalog cuts, and other descriptive data covering related items of equipment in various integrated systems shall be submitted at the same time, in order that their complete operations in the systems can be adequately reviewed.

D. No items requiring submission of detailed drawings shall be manufactured prior to the receipt of final approval of the drawings.

E. A maximum of two submissions of each shop drawing will be reviewed, checked, and commented upon without charge to the supplier. The cost of reviewing any additional submissions that are required by virtue of the supplier's neglect or failure to comply with the requirements of the contract drawings and specifications, or to check those modifications and/or corrections ordered by the Engineer; as determined by the Owner and based upon the Engineer's actual cost, will be deducted from the contract amount.

F. Copies of each drawing and other data submitted will be retained by the Engineer, and a copy will be returned approved if found correct, or showing the changes required. If corrections are required, electronic copies shall be resubmitted after the corrections are made. This procedure shall continue until final approval is given by the Engineer.

G. The approval of the drawings and other data submitted shall not relieve the Contractor of his responsibility to furnish all materials and perform all work as required by the specifications and drawings. The Engineer will not be responsible for errors or omissions on drawings and other data furnished by the supplier even though such drawings and data furnished containing such errors or omissions are inadvertently approved.

13. WARRANTY

A. The Contractor shall provide a warranty of all equipment and materials provided under his bid for a period of one year from the date of the Contractor's "Final Payment" by the Owner or date of start of beneficial use against all faulty or imperfect materials and against all imperfect, careless and/or unskilled workmanship. The warranty shall include the establishment of grass in disturbed areas.

B. The Contractor agrees to replace with proper workmanship and materials and to re-execute, correct, or repair, without cost to the Owner, any work which may be found to be improper or imperfect and/or which does not operate in a satisfactory

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C. The warranty obligations assumed by the Contractor under these Contract Documents shall not be held or taken to be in any way impaired because of the specifications, an indication of approval by, or on behalf of, the Owner of any articles, materials, means, combinations or things used, or to be used, in the construction, performance, and completion of the work or any part thereof.

D. No use or acceptance by the Owner of the work, or any part thereof, nor any failure to use the same, nor any repairs, adjustments, replacements, or corrections made by the Owner due to the supplier's failure to comply with any of his obligations under the Contract Documents, shall impair in any way the warranty obligations assumed by the Contractor under these Contract Documents.

14. SUBSTITUTIONS

A. Whenever a material, article, or method is specified or described by using the name of a proprietary product or the name of a particular manufacturer(s) or vendor(s), followed by the phrase "or equal", the specific item mentioned shall be understood as establishing the type, function, dimension, appearance, and quality desired and is to be the basis upon which bids are to be prepared. Other manufacturer's products or methods not named will be considered as substitutions provided required information is submitted in the manner set forth herein and provided substitution will not require substantial revisions of the Contract Documents. This applies to specific construction methods when such are required by the Contract Documents.

B. Whenever a material, article, or method is specified or described without the phrase "or equal", no substitutions will be allowed.

C. The Bidder shall submit with his Proposal, a list of proposed substitutions and the proposed monetary changes associated therewith on the standard form provided in the Proposal Form. Substitutions will not be considered after award except as stated herein.

D. In order for substitutions to be considered, the Contractor shall submit, within 30 days of issuance of the Notice to Proceed, complete data as set forth herein to permit complete analysis of all proposed substitutions noted on his substitution list.

No substitution will be considered unless the Contractor provides the required data in accordance with the requirements of this Section within the 30-day period.

E. In making a request for substitution, Bidder represents:

(1) He has personally investigated the proposed product or method and determined that it is equal or superior in all respects to that specified. He will provide the same guarantee for substitution as for the product or method specified.

(2) He will coordinate the installation of accepted substitution into the Work, 00800 - 6 making such design and construction changes as may be required for the Work to be complete in all respects in accordance with Contract requirements.

15. TESTING WATER MAINS – NOT USED

16. PROJECT MEETINGS

A. A pre-construction conference and organizational meeting will be held at the project site or other convenient location prior to the commencement of construction activities. The Owner, Engineer, and the Contractor with his superintendent, major subcontractors, manufacturers, suppliers, and other concerned parties shall be represented at the conference by persons familiar with and authorized to conclude matters relating to the Work.

B. Progress meetings may be held at monthly intervals and, where appropriate, at more frequent intervals in order to ensure proper progress and performance of the Work.

In addition to representatives of the Owner and the Engineer, each subcontractor, supplier, or other entity concerned with the current progress or involved in the planning, coordination, or performance of future activities shall be represented at these meetings by persons familiar with the Project and authorized to conclude matters relating to progress.

17. RESTORATION

Restoration shall include clean-up, re-stabilization, and restoration of all disturbed areas, removal of all evidence of construction activities and to effect completion of the Project in an orderly manner. All restoration shall be considered incidental to the work and will not be paid for separately. Restoration shall occur daily, as each segment of the work is completed. Areas shall be graded and restored to the original grade immediately following construction activities each day. Improvements to existing site grading, when appropriate and when incidental to the work, may be directed by the Engineer and considered incidental to the Contract.

18. BUDGET

The budget for the design and construction of the Denton Elementary School Stormwater Improvements Project is $605,000.00. The budget includes site survey, geotechnical, design, permitting, BMP Construction, Construction As-Built Survey and Plan for the work on Denton Elementary. The budget includes contingency.

19. COORDINATION

The Contractor is required to work directly with the Caroline County Department of Planning and Codes or their designee before and during construction to coordinate the

00800 - 7 scheduling of construction work at the project site. Throughout the project, the Contractor is to work closely and directly with the County Department of Planning and Codes and Caroline County Public Schools to coordinate scheduling of all work at the project site. The Contractor shall provide a minimum of one (1) week of notice to the County prior to commencing work.

20. WORKING HOURS

A. Contractor’s typical working hours shall be Monday through Friday within the hours of 8 am to 4:30 pm.

B. The Contractor shall not work during any holidays recognized by Caroline County.

C. Contractor shall clean up the site and leave the site in good order at the end of each workday.