Special_Provisions_and_General_Provisions_-_240524.pdf

Compensation & Classification Study RFP 24-035

APPENDIX A – SPECIAL PROVISIONS AND GENERAL PROVISIONS

Table of Contents

PART A - SPECIAL PROVISIONS

1.0 GENERAL

2.0 SCOPE OF SERVICES

3.0 APPENDICES– MANUAL, PLANS, AND REPORTS

PART B - GENERAL PROVISIONS

1.0 GENERAL PROVISIONS

PART A - SPECIAL PROVISIONS

1.0 GENERAL

1.1 PROJECT DESCRIPTION

The County Commissioners are soliciting proposals from qualified firms to conduct a classification and compensation study.

This shall include:

a. Conduct a comprehensive review and evaluation of Charles County’s current position classification system.

b. Conduct a comprehensive benchmark market analysis of all County jobs.

c. Develop or update a comprehensive classification system including the review of current standardized job descriptions.

d. Analyze pay compression within the County and make recommendations for addressing pay compression once a new pay plan is implemented.

e. Update a market competitive open range pay plan.

f. Analyze Fair Labor Standards Act (FLSA) designations for each job and provide recommendations.

g. Provide recommendations for any additional pay incentives or structures that would assist in maintaining competitive pay thereby improving recruitment and retention outcomes.

h. Assess and provide recommendations for potential living wage policy for Board consideration.

i. Recommend salary increase guidelines for staff promotions and salary decrease guidelines for staff demotions.

j. Develop recommendations for revisions to the Board approved classification and compensation policies found in the Personnel Policies and Procedures Manual. Develop recommendations on a strategy to implement and administer.

2.0 SCOPE OF SERVICES

All proposals must be made on the basis of, and either meet or exceed, the requirements contained herein. All Offerors must be able to provide:

2.1 CLASSIFICATION SYSTEM

a. Develop a comprehensive recommendation for updating the current position classification system and methodology.

b. Develop a position description questionnaire (PDQ) or comparable tool to be used as part of the position review process. Position review process should include all positions and not just “benchmark” positions.

Questionnaire must include a Fair Labor Standards Act (FLSA) exemption test and an evaluation of working conditions that can be used effectively when engaging in the interactive process in compliance with the Americans with Disabilities Act (ADA).

c. Conduct on-site and virtual briefings for employees to explain the methodology and the use of the position description questionnaire (PDQ).

d. Oversee the completion of the position description questionnaires (PDQs) by all employees.

e. Review and analyze completed position description questionnaires (PDQs) to verify and clarify information as well as consult with the Director of Human Resources and department directors or designees regarding the accuracy of data in the questionnaires.

f. If needed, conduct on-site interviews or desk audits with a representative sample of covered employees to verify and clarify information provided on the position description questionnaire (PDQ).

g. Update and deliver classification specifications and job descriptions for all classifications and positions as part of the recommended updates to the position classification system. Classification specifications and job descriptions should remain in the current format and include, but not be limited to, a position summary, a list of duties, minimum education and experience requirements, license or certification requirements, essential job functions, physical requirements, FLSA exemption status, career ladder status, climate competency level, special working conditions, supervision received and given, and preferred qualifications. The consultant shall ensure that all classifications are in full compliance with all applicable federal, state, and local statues and regulations, including the Americans with Disabilities Act (ADA).

h. Perform a FLSA designation (non-exempt and exempt) analysis of all county positions and recommend the appropriate designation for each position.

i. Write and deliver a position classification manual that can be used by Department of Human Resources staff to objectively evaluate new and revised positions. The manual should contain, but not be limited to, a description of the methodology used and detailed instructions on the procedure for analyzing positions against multiple internal and external criteria to determine a position classification, FLSA designation, and pay grade. The manual should also address factors to be considered when reclassifying an existing position to a different classification.

2.2 MARKET ANALYSIS

a. Conduct a comprehensive benchmark market analysis of all County jobs.

b. Design a benchmark survey of all Charles County positions to compare base annual salaries for each county position and minimum, mid-point, and maximum of the comparable salary ranges against Charles’s competitive market. The survey should include data on the number of employers and employees reported, median and average salaries for each position, degree of match for each position, FLSA status, and market adjustments.

c. Administer a benchmark survey of all Charles County positions with comparators identified by Charles to include, but not be limited to, the counties of Anne Arundel, Calvert, St. Mary’s, Frederick, Prince

George’s, Queen Anne’s, the State of Maryland, and for relevant positions – Washington Suburban

Sanitation Commission (WSSC), DC Water.

d. Write and deliver a detailed report of the benchmark survey results to include detailed data on all Charles

County positions compared to the market to include, but not be limited to, comparisons of actual salaries and salary ranges.

e. Provide an analysis of all Charles County positions and average salaries compared to the average midpoint of salary ranges for Charles’s comparators. The analysis should indicate whether the average salary for the position is at, below, or above 100% of the average salary range midpoint for Charles’s comparators.

f. Conduct a series of presentations for county leadership and staff on the results of the benchmark survey as needed to include a PowerPoint document. Presentations should be approved by the County Director of

Human Resources or their designee before they are given.

2.3 PAY PLAN

a. Recommend and deliver a new general workforce pay plan including, but not limited to, a comprehensive pay range system with detailed minimum, mid-point, and maximum salary amounts.

b. Prepare an analysis of the financial impact for implementation of the new general workforce pay plan.

c. Provide a list identifying the proposed placement of all existing general workforce positions in the new general workforce pay plan, including positions that are eligible for compensatory time.

d. Develop and recommend career “ladders” to support career development as part of the overall pay plan.

2.4 COMPRESSION ANALYSIS

Perform a pay compression analysis of all county positions and provide a detailed written report with recommendations for addressing pay compression once a new pay plan is implemented, including an analysis of the fiscal impact associated with implementing each recommendation.

2.5 RECOMMENDATIONS OF PAY INCENTIVES AND SUPPLEMENTS

Recommend any additional pay incentives and/or structures, which Charles County should consider to be competitive in the market.

2.6 POLICY RECOMMENDATIONS

Draft a policy or policies to administer the new classification and compensation systems to include, but not be limited to, revisions to the Charles County Personnel Policies and Procedures Manual and other policies and procedures affecting pay.

Policy recommendations should include:

a. A strategy for addressing market exceptions for difficult to recruit or retain positions.

b. A salary determination methodology that is streamlined, transparent, and easy to understand.

c. A strategy for monitoring market position, compression, and internal equity on an annual basis and a method to address such issues.

d. A strategy for internal pay equity.

2.7 INVOICES

Invoices shall be submitted from the Contractor to Charles County Government, Director of Human Resources for approval.

Invoices shall be detailed including the following: RFP name, RFP number, dates work was performed, pricing per the Contract, etc. The invoice can be mailed to 200 Baltimore, La Plata, MD 20646 or emailed to the Charles County Government, Director of Human Resources.

3.0 APPENDICES– MANUAL, PLANS, AND REPORTS

The items listed in this Appendix are published separately, which are available with the other solicitation documents contained in the solicitation listing on the Charles County Bid Board.

• RFP 24-035 B – Salaries by Position– 240524.pdf

• RFP 24-035 C – Class and Comp Maintenance Manual – 240524.pdf

• RFP 24-035 D – JAT Scoring Criteria – 240524.pdf

• RFP 24-035 E – Current Personnel Manual Chapters – 240524.docx

• RFP 24-035 F – Proposed Personnel Manual Chapters – 240524.docx

• RFP 24-035 G – Job Assessment Tool – 240524.docx

• RFP 24-035 H – Pay Scales – 240524.pdf

* * * * * END OF SPECIAL PROVISIONS * * * *

PART B - GENERAL PROVISIONS

1.0 GENERAL PROVISIONS

1.1 DEFINITIONS:

COMMISSIONERS The County Commissioners of Charles County.

COUNTY The County Commissioners of Charles County, Maryland.

CONTRACT: The written agreement executed by the County Commissioners of Charles County and the successful offeror, covering the performance of the work and the furnishing of materials required for this project. The contract shall include: A conventional contract or award letter, instructions to offerors, solicitation, specifications and scope of work, special provisions, general provisions, any other addenda or written instructions pertaining to the method and manner of performing the work, and the Offeror’s proposal.

CONTRACTING OFFICER The Director of the Using Department, and includes a duly appointed successor or authorized representative.

CONTRACTOR The person or persons, partnership, firm or corporation who enters into a contract awarded to their by the

COUNTY.

DEPARTMENT The authorized division or agency of Charles County government responsible for the service or work for which the contract will be written.

DAYS Calendar Days

EXTRA WORK A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown in the specifications.

GENERAL PROVISIONS All requirements and provisions contained in this document.

INSTRUCTIONS TO OFFERORS Information explaining the procurement process, significant dates, and bidding requirements.

OWNER The entity holding title or having vested interest in the property and rights associated with the property.

SPECIAL PROVISIONS Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

SPECIFICATIONS/SCOPE OF WORK The written or printed agreements and instructions pertaining to the performance of the work to be performed, and/or the quantity and quality of the work/materials to be furnished under the contract.

1.2 INDEMNIFICATION CLAUSE:

The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles County, it’s officers, agents and employees.

1.3 GOVERNING LAW:

This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.

1.4 PAYMENT OF TAXES:

The firm awarded the contract resulting from this solicitation shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.

1.5 CHANGES:

A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:

(1) In the specifications (including drawings and design);

(2) In the method or manner of performance of the work;

(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or

(4) Directing acceleration in the performance of the work.

Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the

CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.

B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder.

C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph

(B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications.

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, they must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the

COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above.

E. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

1.6 CHANGE ORDERS:

A. Additional Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the

CONTRACTING OFFICER.

(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONTRACTOR in advance, or if this procedure is impractical because of the nature of the work or for any reason,

(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed:

the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes; when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

B. Reduced Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph A.2 under Additional Costs.

1.7 DIFFERING SITE CONDITIONS: (NOT APPLICABLE):

A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING

OFFICER in writing of:

(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or

(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.

The CONTRACTING OFFICER shall promptly investigate the condition(s), and if they finds that such conditions do materially differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.

B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided, however, the time prescribed therefore may be extended by the County.

C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

1.8 TERMINATION OF CONTRACT FOR CONVENIENCE:

A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill their obligations under this contract.

Upon receipt of such notice, the CONTRACTOR shall:

(1) Immediately discontinue any part or all services as directed by the County’s authorized representative, and

(2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the

CONTRACTOR in performing under this contract, whether completed or in process.

B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of the CONTRACTOR to fulfill their obligations under this contract, the COUNTY may take over the work and prosecute the same to completion by contract or otherwise. In such case, the CONTRACTOR shall be liable to the COUNTY for any additional cost occasioned to the

COUNTY.

D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been effected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this clause.

E. The rights and remedies of the COUNTY provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

1.9 TERMINATIONS FOR DEFAULT – DAMAGES FOR DELAY – TIME EXTENSIONS:

A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the COUNTY may, by written notice to the CONTRACTOR, terminate their right to proceed with the work or such part of the work as to which there has been delay. In such event, the COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on site of the work and necessary therefore. Whether or not the CONTRACTOR'S right to proceed with the work is terminated, they and their sureties shall be liable for any damage to the COUNTY resulting from this refusal or failure to complete the work within the specified time.

B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the

CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.

C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY does not so terminate the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until the work is completed and accepted.

D. The CONTRACTOR'S right to proceed shall not be so terminated nor the CONTRACTOR charged with resulting damage if:

(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, acts of the COUNTY in its contractual capacity, acts of another Contractor in the performance of a contract with the COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or supplies arising from unforeseeable causes beyond the control and without the fault or negligence of both the

CONTRACTOR and such subcontractors or suppliers; and

(2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the

CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.

The CONTRACTING OFFICER shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in their judgment, the findings of fact justify such an extension, and their findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the article of these General Provisions entitled Disputes.

E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this article, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article. If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the

COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.

F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the

COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the

CONTRACTOR had the CONTRACTOR completed the contract.

G. The rights and remedies of the COUNTY provided in this article are in addition to any other rights and remedies provided by law or under this contract.

H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means subcontractors or suppliers at any tier.

1.10 PAYMENTS TO CONTRACTOR (NOT APPLICABLE):

A. The COUNTY will pay the contract price, less all costs for overtime superintendence and inspection, as herein-after provided.

B. The COUNTY will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the CONTRACTING OFFICER, on estimates approved by the CONTRACTING OFFICER.

Progress payments will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. If requested by the CONTRACTING OFFICER, the CONTRACTOR shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the CONTRACTING OFFICER, at their discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the CONTRACTOR at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the CONTRACTOR furnishes satisfactory evidence that they have acquired title to such material and that it will be utilized on the work covered by this contract. Such payments shall be conditioned upon submission by the CONTRACTOR of bills of sale or such other procedures satisfactory to the COUNTY to establish the COUNTY'S title to such materials or equipment or otherwise protect the COUNTY'S interest, including applicable insurance and transportation to the site.

C. All material and work covered by progress payments made shall thereupon become the sole property of the

COUNTY but this provision shall not be construed as relieving the CONTRACTOR from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the COUNTY to require the fulfillment of all of the terms of the contract.

1.11 MATERIAL AND WORKMANSHIP (NOT APPLICABLE):

All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING

OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING

OFFICER deems incompetent, careless, or otherwise objectionable.

1.12 SUPERINTENDENCY BY CONTRACTOR (NOT APPLICABLE):

The CONTRACTOR shall give their personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all times during progress, with authority to act for them.

1.13 PERMITS AND RESPONSIBILITIES (NOT APPLICABLE

The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. They shall be similarly responsible for all damages to persons or property that occurs as a result of their fault or negligence. They shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. They shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any complete unit of construction thereof which theretofore may have been accepted.

1.14 CONDITIONS AFFECTING THE WORK:

The CONTRACTOR shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve them from responsibility for successfully performing the work without additional expense to the COUNTY. The COUNTY assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract, unless such understanding or representations by the COUNTY are expressly stated in the contract.

1.15 OTHER CONTRACTS:

The COUNTY may undertake or award other contracts for additional work excluded from this contract, and the

CONTRACTOR shall fully cooperate with such other Contractors and COUNTY employees and carefully fit their own work to such additional work as may be directed by the CONTRACTING OFFICER. The COUNTY'S separate contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by employees.

1.16 PATENT INDEMNITY:

Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United

States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.

1.17 COVENANT AGAINST CONTIGENT FEES:

The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty the COUNTY shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

1.18 EQUAL OPPORTUNITY:

During the performance of this contract, the CONTRACTOR agrees as follows:

A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;

rates or pay or other forms of compensation; and selection for training, including apprenticeship.

B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the

CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

C. The CONTRACTOR will send to each labor union or representative of workers with which they has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the

CONTRACTING OFFICER advising the labor union or worker's representative of the CONTRACTOR'S commitments under this Equal Opportunity article, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended, in whole or in part.

1.19 SUSPENSION OF WORK:

A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the work for such period of time as they may determine to be appropriate for the convenience of the public.

B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CONTRACTING OFFICER in the administration of this contract, or by their failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this article for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.

C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the

CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract.

1.20 SUBCONTRACTORS:

Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by them in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING

OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it if for any reason it becomes necessary or desirable for them to do so. That portion of the specifications beginning with the CONSTRUCTION SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the

CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.

1.21 FAIR TREATMENT OF SUBCONTRACTORS AND VENDORS:

The CONTRACTOR must make payment to any sub-contractor or vendor within 15 business days of receiving payment from the County for a Contractor invoice submitted to the County that billed for services or commodities provided by that sub-contractor or vendor. Contractors may not impose retainage rates upon sub-contractors that are higher than those imposed upon the Contractor by the County.

1.22 SPECIFICATIONS, STANDARDS, AND FORMS: NOT APPLICABLE):

Specifications and also standards of associations, societies, and laboratories referred to in these specifications shall become a part of this contract and shall be considered as though incorporated herein. The latest edition or amendment of supplement thereto in effect on the latest bid invitation shall apply. Standards of associations, societies, and laboratories referred to in the specifications may be obtained directly from such organizations.

The COUNTY shall not be responsible for furnishing any drawing, specification, or published material not specifically identified in the Special Provisions of these specifications.

1.23 WORKING HOURS PER DAY (NOT APPLICABLE):

The normal number of working hours per day on this contract will be limited to eight (8), unless otherwise authorized by the CONTRACTING OFFICER.

1.24 SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK (NOT APPLICABLE):

The CONTRACTOR will not be permitted to do any work which requires the services of the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays and holidays, clean-up and such other items for which no specific payment are involved. In cases of bona fide emergencies, sound judgment shall be exercised.

1.25 CONTRACTOR RESPONSIBLE FOR OVERTIME COST (NOT APPLICABLE):

In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least three (3) days in advance of the requested extended working hour period. The

CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours. The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule for those services as deemed necessary by the COUNTY:

COUNTY Staff ................... Actual Cost of Staff

Miscellaneous........................Actual Cost of Staff

Other ...................................Actual Cost of Staff

1.26 EMERGENCY WORK (NOT APPLICABLE)

In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, they will grant permission to the CONTRACTOR to work such hours as may be necessary.

Also if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, they may direct the

CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.

1.27 OPERATING AND RESTORATION (NOT APPLICABLE):

The CONTRACTOR shall so conduct their operation as not to interfere with or endanger the ordinary use of existing structures, roads, utilities, and other facilities. The CONTRACTOR shall provide and maintain all temporary roadways which may be authorized and all control and safety devices necessary to maintain traffic, safety and the optimum normal use thereof. Equipment, operations, and materials shall be confined to the limits defined by the

CONTRACTING OFFICER.

The site of the work and facilities required to be constructed under the contract shall be maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess equipment shall not be permitted to accumulate during the progress of the work.

After each facility is completed and after all the work under the contract has been completed, the structure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean and in a condition satisfactory to the

CONTRACTING OFFICER.

The CONTRACTOR shall restore at their expense any damage to any property, including damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold the COUNTY free from all claims for damages or injury to all persons or property caused or alleged to have been caused by the CONTRACTOR, their agents, employees, workmen, and subcontractors in the execution of this contract.

1.28 WORK STOPPAGE BY THE COUNTY (NOT APPLICABLE)

The CONTRACTING OFFICER, by issuance of a stop work order, may direct the CONTRACTOR to suspend any work that may be subject to damage because of weather conditions.

1.29 SAFETY AND HEALTH (NOT APPLICABLE):

The CONTRACTOR shall conduct their operations, including those involving machinery and self-propelled vehicles and equipment in order to protect the lives and health of employees and other persons; prevent damage to property, materials, supplies, and equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the performance of this contract, comply with the applicable provisions of Federal, State and Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and employ such additional safeguards, safety devices, protective equipment and measures, and fire preventive and suppressive measures and equipment as shall be necessary for the protection of property and for the life and health of personnel. The CONTRACTOR shall, after receipt of notice of deficiencies, immediately correct the conditions to which attention has been directed. Such notice when served on the

CONTRACTOR or their representative at the site of work shall be deemed sufficient.

If the CONTRACTOR fails or refuses to comply promptly with requirements, the CONTRACTING OFFICER may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. No part of the time lost due to any such suspension order shall entitle the CONTRACTOR to any extension of time for the performance of the contract or to excess costs or damages.

The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the

CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.

1.30 INSURANCE:

Refer to the Project Documents.

1.31 ADVERTISING (NOT APPLICABLE):

No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING

OFFICER.

1.32 FEDERAL, STATE, AND LOCAL TAXES:

Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and

Local taxes, and duties.

1.33 INSPECTION AND ACCEPTANCE OF WORK (NOT APPLICABLE)

All work on improvements shall be subject to inspection by the CONTRACTING OFFICER during and upon completion of construction and to approval and acceptance by such representative on behalf of the COUNTY, if said work is found to be in accordance with the CONTRACT.

When all work comprised in this contract has been completed, including cleanup and restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in writing; the CONTRACTING OFFICER will then make a final inspection. When defects, errors, and omissions disclosed by the final inspection have been corrected, acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall be responsible for the work covered by this contract.

1.34 ERRORS AND OMISSIONS:

The CONTRACTOR shall, immediately upon their discovery of any statement or detail which is discrepant, or which otherwise appears to be in error, bring the same to the attention of the CONTRACTING OFFICER for decision or correction. Full instructions will always be given if such error or omission is discovered.

1.35 INTENT OF SPECIFICATIONS:

It is the spirit and intent of these documents, specifications, and of any drawings forming part of them, to provide that the work and all parts thereof shall be fully completed and suitable in every way for the purpose for which designed, and that all parts of the work shall be of a quality be of a quality comparable and consistent with the general quality of the facility being constructed. The CONTRACTOR shall supply all materials and do all work which reasonably may be implied as being incidental to the work of this contract.

1.36 DISPUTES:

A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the CONTRACTING OFFICER who shall reduce their decision to writing and mail or otherwise furnish a copy thereof to the CONTRACTOR.

The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the

CONTRACTING OFFICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.

B. This DISPUTES article does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative, official, representative, or board on a question of law.

1.37 COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS:

A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.

B. By submitting a bid/proposal in response to this solicitation, the Proposer/Contractor certifies that no person will be employed on this project in any manner, including sub-contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.

C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.

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