Special_Provisions_-_250303.pdf

NPDES: White Plains Golf Course Pond Retrofit ITB 25-028 Appendix A

Table of Contents

PART A – SPECIAL PROVISIONS

1.0 GENERAL

2.0 SCOPE OF SERVICES

3.0 SCOPE OF WORK

4.0 BID ITEM DESCRIPTIONS

APPENDIX A - SPECIAL PROVISIONS (d. 03/03/2025)

PART A – SPECIAL PROVISIONS

1.0 GENERAL

1.1 PROJECT DESCRIPTION

The primary intent of the NPDES: White Plains Golf Course Pond Retrofit stream restoration project is to provide functional uplift to an impaired stream, stabilize eroding stream side slopes, repair a failing culvert crossing and to attain equivalent impervious surface credits and TMDL reduction credits. The County is proposing this project as part of their efforts to satisfy portions of their NPDES MS-4 permit. This project can provide equivalent water quality treatment for 16.66 acres of impervious area. The property is owned by the County Commissioners of Charles County Maryland and is commonly known as White

Plains Golf Course Pond Retrofit. The property is maintained by the Charles County Parks and Grounds Department.

1.2 PROJECT BACKGROUND

The NPDES: White Plains Golf Course Pond Retrofit project is located 1015 St. Charles Parkway White Plains, Charles

County, Maryland. The work includes retrofitting the existing irrigation basin into a water quality wet pond, and improving the overall storm conveyance across holes 10 and 18. As designed, the project can provide water quality treatment for a total of

34.11 acres of impervious surface areas. The proposed wet pond facility is an inline facility, therefore only ½ inch of credit is claimed. The facility will be credited with providing 16.66 acres of impervious surface area treatment.

1.3 DRAWINGS AND SPECIFICATIONS

All work shall be performed in accordance with the project drawings and specifications provided by the County. Furthermore, the work shall be in compliance with the Charles County Government Department of Planning and Growth Management

Standards & Specifications for Construction and all other local, state, and federal ordinances, codes, guidelines, and regulations applicable to the work being performed under this contract.

Charles County Standards and Specifications for construction (labeled: “Standard Specs for Construction”) http://www.charlescountymd.gov/pgm/cpis/standard-specs-construction.

901 (Aggregates) of the Maryland State Administration’s Standard Specifications for Construction and Materials

(http://www.roads.maryland.gov/Index.aspx?PageId=44.

1.4 TIME OF COMPLETION

The date by which the work to be performed under this contract is to be completed shall constitute the contract completion date. The Contractor shall be given a total of one eighty-three (183) consecutive calendar days from the Notice-to-Proceed date which shall include the TOYR (Time of Year Restriction), plus any contract time extensions approved by the County in which to complete all work to a point of substantial completion as deemed by the County. However, the project is located on a County golf court and to accommodate the business of the Golf Course, the work start date shall be no earlier than

September 15, 2025. The project shall be considered substantially complete upon the substantial completion/(pre-final) inspection by the Charles County Planning and Growth Management (PGM).

http://www.charlescountymd.gov/pgm/cpis/standard-specs-construction http://www.roads.maryland.gov/Index.aspx?PageId=44

All work completed under this Contract shall be guaranteed by the Contractor to remain as accepted and functional for one (1) year, beginning at the date of final acceptance by the County.

1.5 LIQUIDATED DAMAGES

Time is of the essence for the completion of this project. In accordance with 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 Special Provisions Section 1.4 Time of Completion of these Special Provisions. The cost of liquidated damages shall not exceed $500.00 per day.

2.0 SCOPE OF SERVICES

The Scope of Services for this project includes all direct and incidental work necessary to perform the work as described in this solicitation. The Contractor shall not commence work under the Scope of Services 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 Charles County Department of

Public Works. Any other form of authorization for the start of work on this project does not constitute approval by the County.

These Specifications and the Contract Drawings are intended to cover a complete project. It should be distinctly understood that failure to mention any work which would normally be required to complete the project shall not relieve the Contractor of his responsibility to perform such work.

There will be no separate payment by the County for performing tasks within the Scope of Services. The cost associated with these items shall be considered incidental expenses and included in the Base Bid Item A1.

2.1 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) and surrounding homes and properties/lots. A copy of the pre-construction site video shall be provided the County, in a digital format acceptable by the County, prior to mobilization.

2.2 MOBILIZATION/DEMOBILIZATION

The Contractor shall mobilize and begin work within fourteen (14) days of the date on the NTP letter. 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.

2.3 PROJECT SCHEDULE

Upon receiving the Notice of Award (NOA) 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.

2.4 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 from Charles County Soil Conservation District (SCD), Maryland

Department of Environment (MDE), United States Army Corp. of Engineers (USACE), State Highway Administration (SHA), and the County’s Codes Permits and Inspection Services (CPIS) Division. Any additional permits that are required will be obtained by the Contractor at his sole expense. The Contractor shall request all permits needed from the County and accept transfer of responsibility for all existing permits and associated terms, conditions, and restrictions as appropriate. The

Contractor will not be responsible for renewing the existing permits granted by SCD, MDE, USACE, SHA, or the 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. The Contractor shall conduct and record weekly and post rain event inspections of the permitted site. The Contractor shall be aware that an MDE permit requirement for Time of Year Restriction (TOYR) is applicable. The TOYR runs from March 1 through June 15th, during which no work can be performed in the stream during this period.

2.5 QUALITY CONTROL

1. The Contractor shall notify the Maryland Department of the Environment Stormwater Management Administration at (410) 631-3510, five (5) business days prior to start of work, when all erosion and sediment control devices are in place, after final stabilization and before removal of any sediment control device.

2. There will be no separate payment by the County for quality control required by the Contractor. Costs associated with this work shall be considered incidental expenses and included in Base Bid Item A1 – White Plains Golf Course

Pond Retrofit.

2.6 PROJECT SIGN

The County will provide project information sign(s) upon issuance of the Notice-To-Proceed (NTP). Sign sizes are approximately 5'x8' or 6'x10', or a combination of both. Wood posts, supports, and mounting hardware will not be provided by the County. The Contractor shall pick up the sign from the County’s office located at 10430 Audie Lane, La Plata, Maryland

20646.

Before work starts, the Contractor shall install the project information sign(s), adequately supported by a minimum of two 4" x 4" wood posts and supports to withstand normal wind loads. The County and the Contractor will coordinate suitable location(s) for the project sign(s). The project sign(s) shall be located to ensure suitable visibility, and to provide adequate sight distance for traffic when placed at or near intersections. Lights, flags, or other devices will not be permitted to be attached to the signs or posts.

The Contractor shall be responsible for the maintenance, repair, and upkeep of signs for the duration of the project. Signs shall be cleaned as necessary to maintain readability. The condition of signs when furnished to Contractor will be documented by the County and will be used as a reference to determine damage other than normal wear and tear. If any damage, beyond normal wear, occurs to the sign during shipment to and from the site, or during construction, it shall be replaced by the County at the

Contractor’s expense.

Upon completion of the project, the Contractor will remove and return sign(s) to the County to the location from which they were retrieved. The Contractor will coordinate delivery with the County.

2.7 EQUIPMENT AND MATERIAL SUBMISSION

Equipment and material shall comply with 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 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(s), all sources from which the Contractor proposes to obtain equipment and materials. Furthermore, prior to installation or use, the Contractor shall submit for approval the product data for all equipment and materials to include, but not be limited to, the compaction testing equipment, concrete, stone, select fill, drainage structures/ piping, reinforcing steel, retaining wall material(s), fencing, etc.

2.8 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 Charles County Government’s Department of Planning & Growth Management’s

Standard Specifications for Construction and must adhere to any other federal, state, and local rules and regulations regarding erosion and sediment control. The Contractor shall provide and make access available 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. The Contractor shall also be responsible for monitoring the project site after each storm event during the TOYR (March 1st – June 15th of each year) to ensure that all E&S controls are functioning properly, and to maintain any

E&S control item(s) which requires maintenance.

2.9 GEOTECHNICAL TESTING

The Contractor shall obtain the services of a 3rd party inspection firm to perform all material testing 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, the following: foundations, reinforcing steel, concrete, preparation of subgrades, select fill material, trench backfill, etc. The

Geotechnical field representative shall verify that the soil bearing capacity at subgrade and bottom-of-footing meets minimum bearing specified and required.

2.10 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.

2.11 PROJECT MEETINGS

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

2.11.1 Pre-Construction Meeting

The Contractor shall attend a project pre-construction meeting at the County prior to starting any work. The Contractor shall coordinate with the County’s Capital Services Division for the date and time of this meeting and to provide items of discussion for the agenda. The County will provide the agenda and chair the meeting while the Contractor shall be responsible for keeping a record of the meeting and provide meeting notes to the County for review and acceptance within one week following the meeting. 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.

2.11.2 Site Meeting

The Contractor shall coordinate with the County, all applicable regulatory agencies and utility companies to schedule a 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 of construction will have on each agency or company’s area of jurisdiction.

2.11.3 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 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 a written record of each meeting and submit copies of the meeting notes to the County for review and comment within one week following the meeting. In addition to the agenda, the Contractor shall provide a verbal status update, and an updated project schedule, and copies of the previous meeting’s notes.

2.12 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 Base Bid 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.

Each month the County will pay to the Contractor the Contract value of work satisfactorily performed during the preceding calendar month, less five percent (5%) of the estimated amount until final completion and acceptance of the work. The retainage shall be held for the one (1) year warranty period. Reduction of the retainage to less than five percent (5%) shall be at the sole discretion of the County. Consistent with satisfactory performance of final payment requirements and County acceptance of the project subsequent to the conclusion of the warranty period, final payment will be processed as appropriate.

2.13 AS-BUILT AND RECORD DRAWINGS

As-built and Record Drawings shall be approved, signed and sealed by the Engineer-of-Record. As work progresses, the

Contractor shall coordinate with the County and Engineer-of-Record to document all as-built information of the construction.

At the completion of work, and prior to substantial completion inspection, the contractor shall be responsible for providing surveying services to perform a full topographic survey of the completed work. The Engineer of Record shall prepare draft as-built drawings to be submitted to the County and Engineer-of-Record for review and approval. The draft as-built drawings shall include a completed surface in AutoCAD format and annotation of plan view grading, cross sections, profiles and structure tables. Final Inspection will not be performed until the draft as-built drawings have been provided and approved by the County.

If an item is determined to not be constructed per the approved plans, corrective actions shall be taken by the Contractor to rectify the discrepancy.

2.14 ADDITIONAL GUARANTEE

In addition to the one-year guarantee that is specified in the General Provisions, the Contractor must also guarantee that at least 80% of the plants and trees planted per the approved construction documents shall survive after three years from the Final

Acceptance Date. This guarantee must be in written form, on company letterhead, prior to the Final Inspection. Final retainage shall be held in the amount of the 80% cost of the plants and trees unless a Maintenance bond is submitted in lieu of held retainage.

2.15 CLOSEOUT DOCUMENTS

Upon completion of all work related to this project, the Contractor shall complete and submit to the County the closeout documents provided in Appendix G of this solicitation. If required, the Contractor shall make any modifications to the forms and information provided with the closeout documents at no additional cost to the County.

3.0 SCOPE OF WORK

The Contractor shall not commence construction activities under the Scope of Work prior to receiving a written notice to proceed from the County. The notice will only be in the form of an official Notice-to-Proceed letter from the County’s

Department of Public Works. Any other form of authorization for the start of work on this project does not constitute official approval by the County.

The Scope of Work for this project includes, but is not limited to, the furnishing of all coordination, scheduling, supervision, labor, tools and equipment, facility investigations, materials and supplies, incidentals, appurtenances, and mobilization required to effectively retrofitting the existing irrigation basin into a water quality wet pond, maintenance incidentals necessary to perform the work as designed and approved for this project and provided under this Contract. The Contractor will also be responsible for maintaining a safe work site which may include the installation of 4’ temporary safety fencing to keep pedestrians from entering the construction site. All work shall be in accordance with the Contract Documents provided in

Appendix A of this solicitation, the Charles County Department of Planning and Growth Management’s Standard

Specifications for Construction, the Charles County Soil Conservation District, and all other applicable requirements of the

County, the Maryland Department of the Environment, and any other regulatory authority having jurisdiction to control, limit or otherwise regulate the work performed under this contract.

The Contractor is hereby notified that this project is subject to a Time of Year Restriction (TOYR) which prevents any construction activities from occurring between March 1 and June 15th of any year. The Contractor shall incorporate this TOYR into all work schedules and shall also plan to leave the site in a stabilized manner prior to the March 1st deadline for ceasing all operations. The project shall be considered substantially complete upon the completion of substantial completion inspections by the Charles County Planning and Growth Management (PGM) Department.

4.0 BID ITEM DESCRIPTIONS

Bid item quantities are estimated and not guaranteed. The Bid Form establishes the unit price to be paid for each bid item. The

Bidder agrees that the unit prices represent a true measure of the labor, materials, and services required to provide the specified item, including allowances for overhead and profit for each type and unit of work provided.

Contingency Bid Items will be performed only at the express written authorization of the County. Quantities for contingency items unit price work represent quantities that are above and beyond that required by the Base Bid Contract Documents.

4.1 BASE BID ITEM A1 – WHITE PLAINS GOLF COURSE POND RETROFIT

The Contractor shall furnish all material, equipment/tools, permits, and labor necessary to coordinate, plan, and execute the work shown on the Contract drawings provided in Section 11. Appendices of this solicitation.

Payment – Base Bid Item A1 of the Bid Form establishes the lump sum price for which payment will be made by the County to the Contractor for retrofitting and stabilizing all existing and new stormwater facilities and all work associated in accordance with the Contract documents.

4.2 CONTINGENCY ITEM B1 – ADDITIONAL EXCAVATION

Due to unforeseen adverse conditions below the visible surface the Contractor shall provide all coordination, scheduling, supervision, labor, equipment, materials, incidentals and appurtenances, excavation, hauling from site, testing of unsuitable or contaminated materials if necessary, and offsite disposal of the additional excavated material as needed to remove material unsuitable for the work effort. The removal shall be classified as Class 3A Excavation as identified in Section 02550.03D of the Charles County Government’s Department of Planning and Growth Management’s Standard Specifications for

Construction and shall comply with all other applicable requirements of the County, the Maryland State Highway

Administration (SHA) and any other regulatory agency having jurisdiction to control, limit or otherwise affect the additional excavation, transport, and disposal of the material.

Payment - Contingency Item B1 of the Bid Form establishes the unit price for which payment by the County will be made based upon the number of cubic yards (CY) excavated, as authorized by the County. Excavation and removal of unsuitable material as indicated on the approved project plans shall be included in the lump sum installation price for the stream restoration work effort and shall not be considered as additional excavation or undercut.

4.3 CONTINGENCY ITEM B2 – SELECT FILL

The Contractor shall furnish, place, compact, and test as required additional select fill material. The select fill material shall conform to the requirements of Section 02245 of the Charles County Government’s Department of Planning and Growth

Management’s Standard Specifications for Construction, and all other applicable requirements of the County, the Maryland

State Highway Administration (SHA), and any other regulatory agency having jurisdiction to control, limit or otherwise govern the furnishing and placement of select fill material. When requested by the County, the Contractor shall provide documentation on the proposed material verifying that the material meets the requirements.

Payment - Contingency Item B2 of the Bid Form establishes the unit price for which payment by the County will be made based upon the number of cubic yards (CY) authorized by the County and installed by the Contractor in accordance with the

Contract Documents. Select Fill already required by the approved plans shall be included in the lump sum installation price for the stream restoration work and shall not be considered as additional Select Fill.

4.4 CONTINGENCY ITEM B3 – AGGREGATE NO. 57 STONE

The Contractor shall provide all coordination, scheduling, supervision, labor, equipment, materials, incidentals and appurtenances, delivery, and placement of No. 57 stone in the area(s) of this project as designated by the County. The material shall comply with Section 901 (Aggregates) of the Maryland State Highway Administration’s Standard Specifications for

Construction and Materials, and any other regulatory agency having jurisdiction to control, limit or otherwise govern the furnishing and placement of select fill material. When requested by the County, the Contractor shall provide documentation on the proposed material verifying that the material meets applicable requirements.

Payment - Contingency Item B3 of the Bid Form establishes the unit price for which payment by the County will be made based upon the number of tons (TN) authorized by the County and placed by the Contractor in accordance with the Contract

Documents. Aggregate No. 57 Stone as required by the approved project plans shall be included in the lump sum installation price for the stream restoration work effort and shall not be considered as additionally required Aggregate.

4.5 CONTINGENCY ITEM B4 – NON-WOVEN GEOTEXTILE FABRIC

The Contractor shall provide all coordination, scheduling, supervision, labor, equipment, materials, incidentals and appurtenances, delivery, and placement of Non-Woven Geotextile Fabric in the area(s) of this project as designated by the

County. The material shall comply with Section 919 (Geotextiles) of the Maryland State Highway Administration’s Standard

Specifications for Construction and Materials, and the specifications of the approved plan.

Payment - Contingency Item B4 of the Bid Form establishes the unit price for which payment by the County will be made based upon the number of square yards (SY) authorized by the County and placed by the Contractor in accordance with the

Contract Documents. Non-Woven Geotextile Fabric already required as indicated on the approved project plans shall be included in the lump sum installation price for the stream restoration work effort and shall not be considered as additionally required fabric.

4.6 CONTINGENCY ITEM B5 – CLASS II RIP RAP

The Contractor shall provide all coordination, scheduling, supervision, labor, equipment, materials, incidentals and appurtenances for the delivery and placement of MD SHA Class II Rip Rap in the area(s) of this project as designated by the

County. The material shall comply with Section 901 (Aggregates) of the Maryland State Highway Administration’s Standard

Specifications for Construction and Materials. Class II Rip Rap already required as indicated on the approved plans shall be included in the lump sum installation price for the stream restoration work effort and shall not be considered as additionally required Rip Rap. Placement of Class II Rip Rap shall be in accordance with the applicable section of the Charles County

Government’s Department of Planning and Growth Management’s Standard Specifications for Construction, and/or any other applicable requirements of the County, the Maryland State Highway Administration (SHA), and any other regulatory agency having jurisdiction to control, limit or otherwise govern the furnishing and placement of select fill material. When requested by the County, the Contractor shall provide documentation on the proposed material verifying that the material meets the requirements.

Payment - Contingency Item B5 of the Bid Form establishes the unit price for which payment by the County will be made based upon the number of tons (TN) authorized by the County and placed by the Contractor in accordance with the Contract

Documents. Class II Rip Rap already required as indicated on the approved plans shall be included in the lump sum installation price for the stream restoration work effort and shall not be considered as additionally required Rip Rap.

4.7 CONTINGENCY ITEM B6 – TRIAX TX160 GEOGRID

Due to unforeseen lack of bearing capacity below stream restoration structures the Contractor shall provide all coordination, scheduling, supervision, labor, equipment, materials, incidentals and appurtenances, delivery, and placement of additional

TriAx TX160 Geogrid (or County approved equal) in the area(s) of this project as designated by the County. The material shall comply with Section 919 (Geotextiles) of the Maryland State Highway Administration’s Standard Specifications for

Construction and Materials.

Payment - Contingency Item B6 of the Bid Form establishes the unit price for which payment by the County will be made based upon the number of square yards (SY) authorized by the County and placed by the Contractor in accordance with the

Contract Documents. TriAx TX160 Geogrid already required as indicated on the approved plans shall be included in the lump sum installation price for the stream restoration work effort and shall not be considered as additionally required Geogrid.