Special_Conditions.pdf

SPECIAL CONDITIONS

CONTRACT REQUIREMENTS

These Special Conditions identify additional contract provisions, and modify, change, delete from, or add to the General Conditions. Where any Article of the General Conditions is modified or deleted by these Special Conditions, the unaltered provisions of that Article, paragraph, sub-paragraph or clause shall remain in effect.

1. ARTICLE 1 DEFINITIONS

A. Paragraph 1.10 Contract Documents:

DELETE the phrase “Contract Execution Page” from the paragraph, and INSERT the following phrase at end of the paragraph 1.10: “and shall include all Exhibits and Appendices attached to and incorporated as part of the Contract.”

B. REMOVE paragraph designation numbers only for Articles 1.37 through 1.47 and REPLACE them with designation numbers 1.38 through 1.48.

C. Add the following as Paragraph 1.37:

1.37 Sequence of Construction - A general description or outline of the order in which certain project tasks must be performed. When noted on the Contract Documents, the Sequence of Construction may only be modified with the approval of the Engineer.

2. ARTICLE 4 CONTRACT DOCUMENTS

Paragraph 4.2 DELETE in its entirety and REPLACE with the following:

4.2 In resolving conflicts, errors, and discrepancies within the Contract Documents, the Documents shall be given precedence in the following order:

Federal Contract Provisions (only if identified and incorporated in the Contract Documents) WSSC Procurement Regulations Change Orders Field Orders Amendments Master Agreement Addenda Special Conditions General Conditions Notice to Proceed Notice of Award Specifications Drawings Appendix B to the Solicitation (Insurance & Bonding Requirements) Appendix A to the Solicitation (MBE and/or SLBE requirements)

Appendix C to the Solicitation (Commission Forms completed by Contractor)

3. ARTICLE 10 SURVEYS, PERMITS, REGULATIONS

DELETE the word “Standard” in the first sentence of Paragraph 10.5.

4. ARTICLE 14. CHANGES IN CONTRACT PRICE AND TIME

DELETE the entire third paragraph of Article 14.1.3.1 (Paragraph 3) and REPLACE it with:

“Cost of construction equipment shall be based on the actual time the equipment is required to perform the Work and shall not exceed 8 hours per day unless equipment is in operation for a longer time. Moving time, loading, unloading, and hauling will not be paid for if the equipment is used at the site for other Work.

For the use of equipment moved in on the Work and used exclusively for the Work covered by the Change Order, the Contractor will be paid the rates herein specified including moving time, loading, unloading, and hauling. The time period shall begin at the time the equipment is unloaded at the site of the Work, shall include each day or fraction thereof that the equipment is at the site of the Work, excluding Saturdays, Sundays, and other legal holidays unless the Work is performed on such days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of such equipment.

The rates of payment for equipment used, regardless if owned or rented, including fuel and lubricants but excluding operators, shall be no higher than the current rates recommended by the Rental Rate Blue Book for Construction Equipment.

No payment will be made for the small tools defined as individual pieces of equipment or tools having a new value of $1,000 or less.

When the Commission is obligated to pay for idle equipment, the allowance will be 50 percent of the rate determined herein.”

5. ARTICLE 15 TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED

DAMAGES

DELETE the words “epidemics” and “quarantine restrictions” from Article 15.5.1, and INSERT the following paragraph as Article 15.5.4:

15.5.4 The parties are aware of the Covid-19 pandemic and the impact is has, may or will have on the schedule and performance of the work, and have taken any such delays, disruptions or other impacts into consideration in establishing the schedule, pricing and other terms and conditions of the Contract. Notwithstanding any provisions to the contrary, the Covid-19 pandemic is therefore expressly excluded from Article 15.5.1 as an unforeseeable cause beyond the control of the Contractor and cannot serve as a basis for a claim for additional time or compensation, or other equitable or legal adjustment or amendment to the Contract. Article 15. 5.1 of the General Conditions is amended to delete any reference to “epidemics” and “quarantine restrictions.”

6. ARTICLE 22 PAYMENTS TO THE CONTRACTOR

1. DELETE the number “10” in the last sentence of Paragraph 22.1 and replace it with the number “30.”

2. DELETE the entire Paragraph 22.2 and replace it with: “22.2 Payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the Commission’s receipt of a Proper Invoice from the Contractor.”

7. ARTICLE 39 NONDISCRIMINATION POLICY

DELETE the Paragraph 39.1 and replace it with: “It is the policy of WSSC to require that individuals and entities with whom it has a contract and their subcontractors, not discriminate against employees or applicants for employment. The Contractor shall not discriminate in any manner against an employee or an applicant for employment on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, or national origin.”

ADDITIONAL CONTRACT PROVISIONS

8. BUY AMERICAN STEEL REQUIREMENT

The Contractor and all Subcontractors shall comply with the Maryland Buy American Steel Act, Maryland Annotated Code, State Finance and Procurement, §§ 17-301 through 17-306 (including the applicable regulations promulgated thereunder). This statute requires the contractor and subcontractors to use or supply only American steel products in the performance of a contract for:

(1) constructing or maintaining a public work; or

(2) buying or manufacturing machinery or equipment that is composed of at least 10,000 pounds of steel products and is to be installed at a public work site.

9. MARYLAND LITTLE MILLER ACT

The Contractor and its Subcontractors shall comply with the requirements of Maryland Annotated Code, State Finance and Procurement Article, Title 17, Subtitle 1, §17-101 et.

seq. (the “Maryland Little Miller Act”), including without limitation the Maryland Little Miller Act requirements included in the General Conditions and the requirements set forth below.

The Contractor shall provide Payment and Performance Security in the form of One Hundred Percent (100%) Performance and Payment bonds that comply with the requirements of §17-103 and §17-104 of the Maryland Little Miller Act.

In accordance with §17-110(b)(1)-(2) of the Maryland Little Miller Act, the Commission shall withhold retainage in the amount of five percent (5%) of each payment due the Contractor. In addition to retainage, the Commission may withhold from payments otherwise due to the Contractor any amount that the Commission reasonably believes necessary to protect its interests. If there is a dispute or claim between the Contractor and the Commission concerning the satisfactory completion of this Contract, the Commission shall release the retainage to the Contractor within 120 days after the resolution of the dispute or Claim.

In accordance with §17-110(c) and (d) of the Maryland Little Miller Act, the Contractor shall not retain a percentage of payments due a Subcontractor that exceeds the percentage of payments retained by the Commission, and each Subcontractor may not retain a percentage of payments due a lower tier subcontractor that exceeds the percentage of payments retained from the Subcontractor.

In accordance with the Maryland Little Miller Act, Maryland Annotated Code, State Finance and Procurement, § 17-106, with each payment estimate, the Contractor, when signing the payment estimate form, certifies that he has made payment from proceeds of prior payments and that he will make timely payments from the proceeds of progress and final payment then due him to his Subcontractors and suppliers in accordance with his contractual arrangement with them. In addition, the Contractor shall enter and certify payments to all minority and or small local Subcontractor(s)/supplier(s) in accordance with any applicable Commission policies. Failure to meet this condition may result in halting the processing of subsequent estimates until this condition is met.

10. INCLEMENT WEATHER TIME EXTENSIONS

Inclement weather days are factored into the Contract Time for completion. The Contractor is not entitled to an extension of time to complete the contract due to inclement weather unless the Contractor experiences inclement weather beyond the number of days already factored into the Contract Time, and then only for the number of days that such weather exceeds the number of days already factored into the Contract Time.

11. MARYLAND PREVAILING WAGE REQUIREMENTS

1.1 This contract is subject to the requirements of the Maryland Prevailing Wage Statute contained in MD Code, State Finance and Procurement, §§ 17-201 - 17-226 and regulations contained in COMAR 21.11.11.00 - 21.11.11.07.

1.2 The Contractor and all Subcontractors must comply with the requirements stated in MD Code, State Finance and Procurement, §§ 17-201 - 17-226 and COMAR 21.11.11.00 - 21.11.11.07.

1.3 The prevailing wage rates attached and/or referenced in this contract are established by the State of Maryland. The prevailing wage rates attached and/or referenced in this contract will apply throughout the term of this contract (including any renewals or extensions).

1.4 The Contractor shall submit bonds that guarantee the faithful performance of this section of this contract (Special Conditions, Maryland Prevailing Wage Requirements).

1.5 The Contractor and all Subcontractors must comply with all of the requirements of the Maryland Prevailing Wage Statute and applicable regulations including, but not limited to the following:

1.5.1 Pay workers at least the prescribed wage rates and overtime rates that are attached and/or referenced in this contract.

1.5.2 Pay apprentices at least the percentage as set by the Apprenticeship and Training Council of the prescribed wage rates that are attached and/or referenced in this Contract.

1.5.3 Accurately classify and pay workers and apprentices their proper wage classification based upon the type of work they perform at the work site in accordance with the wage rates that are attached and/or referenced in this contract.

1.5.4 Post a clearly legible statement of each prevailing wage rate to be paid under this contract in a prominent and easily accessible place at the work site(s) of this contract.

1.5.5 Keep payroll records covering work performed directly at the work site in accordance with the requirements of the Maryland Prevailing Wage Statute and applicable regulations.

1.5.6 Allow WSSC and Maryland’s Commissioner of Labor and Industry to inspect the payroll records at any reasonable time and as often as necessary.

1.5.7 Within 14 days after the end of each payroll period, the Contractor shall submit to Maryland’s Commissioner of Labor and Industry in a format that complies with COMAR 21.11.11.02 a complete copy of: (a) the Contractor’s payroll records and

(b) each Subcontractor’s payroll records. The Contractor is required to contact Maryland’s Commissioner of Labor and Industry to determine any specific instructions or format requirements regarding the submittal of payroll records.

1.5.8 If the Contractor is late in submitting copies of the payroll records then (a) WSSC may postpone processing payments under the contract pending receipt of the copies and (b) the Contractor shall be liable to WSSC for liquidated damages of $10 for each calendar day the records are late.

1.5.9 WSSC shall withhold payments to the Contractor if requested by the Maryland’s Commissioner of Labor and Industry.