ITB 26-043, Appendix A

SPECIAL PROVISIONS (d 05/14/2026)

1.0 GENERAL

PROJECT DESCRIPTION

The Board of Commissioners of Charles County are seeking bids from qualified contractors for construction to provide all labor, materials, equipment, and supervision necessary to provide pavement overlay and maintenance throughout Charles County, Maryland on an as needed basis.

COUNTY AUTHORIZATION OF WORK

The selected Contractor shall not commence work until provided a County-issued Purchase Order (PO) and written Notice to Proceed from the County Project Manager. Any work over $2,500.00 requires a PO to be issued.

OPEN MARKET PROCUREMENT

Charles County Government reserves the right to obtain service from Contractors or suppliers other than the Contractor if the estimated cost of the service or parts, materials, and equipment appears unreasonable or on any emergency basis. Using other Contractors shall not void the conditions of this Contract, nor shall it hold the Contractor liable for any additional costs assumed by Charles County Government by procuring on the open market except for liquidated damages for emergency response as per the Contractor.

ADDITIONAL SUBMITTAL REQUIREMENTS

Bidders must provide the following upon Bid Submittal:

1. Source of Supply Letter and Job Mix Formulas Meeting the Gradation Requirements of Maryland Department of Transportation (MDOT) not exceeding 25% reclaimed asphalt product (RAP)

2. List of Certified Flaggers and Certificates on Company Letterhead

3. Superintendent Name, Resume and documentation of Superintendent experience (must possess a minimum of three

(3) years prior superintendent experience)

QUANTITIES/ESTIMATES

During the period of the Contract, the Contractor shall provide all service and material described in this Contract. Charles County Government shall have no obligation to the Contractor if any quantities listed are not required. Any quantities that are included reflect the prior annual usage of Charles County Government for the Contract. The amounts are only an estimate and the Contractor understands and agrees that Charles County Government is under no obligation to the Contractor to buy any set amount of products or services. The Contractor further understands and agrees that Charles County Government may require products or services in an amount less than or in excess of the estimated contract amount, and that the quantity of products or services actually rendered, whether in excess or less than, shall not give rise to any claim for compensation other than the total of the unit price in the Contract for the quantity of products or services actually procured.

SPECIFICATIONS

All work shall be performed in accordance with the project drawings, supplemental drawings/exhibits, Geotechnical report(s), and specifications provided by the County, contained herein. Furthermore, the work shall be in compliance with the Charles County Government Department of Planning and Growth Management Standards & Specifications for Construction, Charles County Detail Manual, Charles County Water and Sewer Ordinance, Road Ordinance, Grading and Sediment Control Ordinance, and all other local, state, and federal ordinances, codes, guidelines, and regulations applicable to the work being performed under this contract.

• Charles County Standards and Specifications for Construction https://www.charlescountymd.gov/government/planning-and-growth-management/planning-and-growth-management-publications/codes-ordinances-and-regulatory-documents

• Charles County Guides and Process Manuals https://www.charlescountymd.gov/government/planning-and-growth-management/planning-and-growth-management-publications/guides-and-process-manuals/-folder-161 https://www.charlescountymd.gov/government/planning-and-growth-management/planning-and-growth-management-publications/codes-ordinances-and-regulatory-documents https://www.charlescountymd.gov/government/planning-and-growth-management/planning-and-growth-management-publications/codes-ordinances-and-regulatory-documents https://www.charlescountymd.gov/government/planning-and-growth-management/planning-and-growth-management-publications/guides-and-process-manuals/-folder-161 https://www.charlescountymd.gov/government/planning-and-growth-management/planning-and-growth-management-publications/guides-and-process-manuals/-folder-161

• Maryland Department of Transportation State Highway Administration Standard Specifications for

Construction and Materials (current version) https://www.roads.maryland.gov/ohd2/2020_Standard_Specifications.pdf or https://apps.roads.maryland.gov/BusinessWithSHA/bizStdsSpecs/desManualStdPub/publicationsonline/ohd /bookstd/index.asp

QUALITY OF WORK

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

LIQUIDATED DAMAGES

Time is of the essence for the completion of this project. In accordance with the provisions contained herein, 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 specified in each task order. The amount of liquidated damages shall not exceed $500 per day.

WORKING HOURS PER DAY

The normal working hours per day on this contract shall be from 7:00 AM to 3:30 PM. Any weekend work shall be from 8:00 AM to 4:30 PM. Any adjustments to these times must be requested and approved by the County’s Project Manager. Night hours may be required also, and they shall be from 8:00PM to 5:00AM and authorized by the Project Manager before scheduling.

WORK RESTRICTIONS

Section 4.14 -Holiday Schedule provides a listing of all holidays observed by Charles County Government. However, Charles County Government does NOT restrict its Contractors and Consultants from work-related activities on every holiday listed in the aforementioned Section 4.14. A County representative must be present on site while the Contractor is working on a Holiday.

Specific only to this ITB work is NOT permitted only on the following six (6) major holidays:

• NEW YEAR'S DAY

• MEMORIAL DAY

• INDEPENDENCE DAY

• LABOR DAY

• THANKSGIVING DAY

• CHRISTMAS DAY

In addition, work will not be permitted on Sundays.

INVOICES

The Contractor shall submit monthly invoices on the County’s standard invoices form for payment of work performed. Payment of invoices by the County shall be in accordance with the General Provisions contained herein above.

The County will pay the Contractor monthly for work satisfactorily performed during the preceding calendar month, less 5% of the amount invoiced for retainage. The retainage shall be held for the one (1) year warranty period, or longer should the warranty period be required to be extended. In lieu of retainage, the County will accept a Maintenance Bond, covering the full duration of the warranty period. Reduction of the retainage of less than 5% shall be at the sole discretion of the County, but not before the project has reached the substantial completion/pre-final stages and the required inspections performed. Retainage is typically held until receiving the signed Certificate of Final Completion Acceptance and Maintenance Bond.

Consistent with satisfactory performance of final payment requirements and County’s acceptance of the project, having either an acceptable Maintenance Bond established and in place or subsequent to the conclusion of the warranty period, the Contractor shall submit their final payment invoice to be processed as appropriate.

Compliance with prevailing wages and the County’s MWBE program are also prerequisites for monthly progress payments.

The County will not release payment until staff has determined that the requirements have been met.

1.11.1 Release of Retainage

https://www.roads.maryland.gov/ohd2/2020_Standard_Specifications.pdf https://apps.roads.maryland.gov/BusinessWithSHA/bizStdsSpecs/desManualStdPub/publicationsonline/ohd/bookstd/index.asp https://apps.roads.maryland.gov/BusinessWithSHA/bizStdsSpecs/desManualStdPub/publicationsonline/ohd/bookstd/index.asp

The County will release retainage upon having a Certificate of Final Completion Acceptance and submission and evidence of having a minimum 1-Year Maintenance Bond in place (or longer duration as required per the contract drawings/specifications).

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

AVAILABILITY OF FUNDS/APPROPRIATIONS IN FUTURE YEARS

Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by Charles County Government. In the event Charles County Government does not appropriate funds for the continuation of this Contract, then the affected multi-year contract becomes null and void effective July 1 of the fiscal year for which such approvals have been denied.

Charles County Government reserves the right to immediately terminate a contract in the event funds are no longer available or have been exhausted. If Charles County Government shall terminate a contract, Charles County Government shall attempt to give written notice at least thirty (30) calendar days in advance of the effective date. The Contractor shall be paid for all labor and material provided as of termination date. No consideration shall be given for anticipated loss of revenue or profit on the cancelled portion of the Contract.

Charles County Government’s financial obligations, if any, under this Contract are contingent upon sufficient appropriations and authorization being made by Charles County Government for the performance of this Contract. Charles County Government’s decision as to whether sufficient appropriations are available shall be accepted by the other party or parties to this Contract and shall be final.

GUARANTEE

The Contractor shall guarantee all materials furnished and work performed for a period of no less than one year from the date of road pavement under this Contract and final acceptance by Charles County Government. Guarantee shall be signed by the Contractor and notarized and provided to the Project Manager upon final acceptance of all work for each Project. Specific guarantee requirements include:

A. Against all faulty or imperfect materials and equipment, subsidence of inferior application.

B. That the work performed under this Contract shall be completed in a satisfactory and efficient manner in accordance with the requirements of these Contract Documents.

C. No use or acceptance by Charles County Government of the work performed or any part therefore, nor any repairs, adjustments, replacements, or corrections made by Charles County Government due to the Contractor’s failure to comply with any obligation under the Contract Documents, or other corrections made by Charles County Government, shall impair the guarantee obligations of the Contractor. The Contractor shall promptly take such corrective actions as may be necessary by reason of such defective work or material including the repairs

D. of any damage to other parts of the work that may result from such defects at no additional cost to Charles County Government. Charles County Government shall give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments, or other work that may be necessary by such defects, Charles County Government may do so and charge the Contractor the cost thereby incurred.

E. This guarantee shall cover work performed by the Contractor and all subcontractors.

F. Provide monthly with invoice reflecting itemized list of roads completed that month with dates to base warranty, instead of each individual road completed identifying as a separate project.

PRICE ADJUSTMENT

Price adjustment is monthly based on liquid asphalt index price. Pricing is based upon a liquid asphalt index price at the time of bid, and price adjustments shall be made for the asphalt surface and asphalt patching items for fluctuations in the published index price of liquid asphalt cement at the time of installation versus the index price used for the contract pricing at the time of bid.

A Liquid Asphalt Cement Adjustment Value for pavement will be established only if the ABI exceeds or falls short of the Original Base Index (hereinafter,“OBI”), provided herein, by more than five (5) percent.

The OBI established for liquid asphalt cement, which can be found at https://mdasphalt.org/asphalt-index/, Computations for Liquid Asphalt Cement Adjustment Value shall be as follows:

i. Where ABI is greater than the OBI Liquid Asphalt Cement Adjustment Value = Quarterly Tons x (ABI-5% OBI-

OBI).

https://mdasphalt.org/asphalt-index/,

ii. Where ABI is less than OBI Liquid Asphalt Cement Adjustment Value = Quarterly Tons x (ABI+5% OBI-OBI)

2.0 SCOPE OF SERVICES

The Scope of Services for this project includes all direct and incidental work necessary to perform the work identified on the Bid Form. 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 the Charles County Department of Public Works. Any other form of authorization of the start of work on this project does not constitute approval by the County.

There will be no separate payment by the County for performing tasks within the Scope of Services. The costs associated with these items shall be considered incidental expenses and included in the base bid items.

MOBILIZATION/DEMOBILIZATION

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.

A. Mobilization shall include preparatory operations that include the movement of equipment to the project site and the establishment of facilities necessary to begin work. Mobilization is already included in the cost of the line items unless under 40 tons as specified in our line item details.

Contractor shall note the limits of disturbance and minimal areas available on site for parking and storage of equipment and materials. Contractor shall take this into consideration when ordering and for delivery and storage of equipment and materials.

The Contractor may obtain the rights, permission, or privileges to park or store materials at an off-site location, provided the County receives a copy of the verified authorization and the site has an active and approved erosion and sediment control plan (if required). The County is not liable for any delays in the project schedule due to frequency of deliveries and associated timeframes.

PROJECT COORDINATION

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

PROJECT MEETINGS

When necessary, the Contractor is required to attend periodic meetings throughout the duration of the project/task:

7.8.1 Pre-Construction Meeting

The Contractor shall attend a project pre-construction meeting with the Project Manager prior to starting any work. The Contractor shall coordinate with the County’s Representative for the date and time of this meeting and to provide items of discussion for the agenda. The Contractor must provide an initial project schedule and be prepared to answer any questions pertaining to the prepared schedule.

7.8.2 Site Meeting

The Contractor shall coordinate with the County, 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 discuss the effects of construction will have on each agency or company’s area of jurisdiction

GEOTECHNICAL TESTING

The Contractor shall obtain the services of a 3rd party geotechnical engineering firm to perform geotechnical and construction materials testing and inspection services, as required and directed by the County. 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 manual. Tests shall be performed, but not be limited to the following: borrow/select/structural fill material, trench and structure backfill, proof rolling, preparation/undercutting of subgrades, California Bearing Ratio (CBR) tests, reinforcing steel (if applicable), concrete, asphalt, etc.

SUBCONTRACTOR REQUIREMENTS

The County reserves the right to accept or reject the use of any Subcontractor. The Contractor shall not employ any Subcontractor to whom the County may have a reasonable objection. The Contractor shall not be required to contract with anyone to whom he has a reasonable objection. Contracts between the Contractor and the Subcontractors shall:

A. Require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the County, and

B. Allow to the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents.

Acceptable Subcontractors shall have successfully completed at least three (3) construction projects of similar magnitude and complexity. Contractor shall provide, upon request, a copy of all contracts executed between the Contractor and their Subcontractors/Suppliers.

Subcontracting shall not be permitted for any placement of asphalt under this Contract. For the purposes of clarity, the placement of asphalt is defined as:

• Bituminous Concrete Surface w/9.5. M.M.

• Bituminous Concrete Surface w/12.5. M.M.

• Bituminous Concrete Base w/19 M.M.

• Bituminous Concrete Surface Wedge and level

• Bituminous Concrete Surface w/Driveway Tie-Ins

• Patch w/Bituminous Concrete

POTENTIAL CHANGE ORDERS (PCOs)

The Contractor is required to submit a detailed quantitative breakdown of labor, materials, and equipment costs with each potential change order submission, including references to the applicable contract section(s) that justify the change condition.

The County reserves the right to request additional supporting documentation for cost verification, such as invoices, purchase orders, delivery tickets, and other relevant records.

SURVEYS, PERMITS, AND REGULATIONS

Unless otherwise specified, the Charles County Government Project Manager shall furnish any boundary surveys and establish all baselines required for locating the principal component parts of the work, together with suitable number of benchmarks adjacent to the work as shown in the Contract Documents.

Unless otherwise specified, permits and easements for permanent structures and permanent modifications to existing facilities shall be secured and paid for by Charles County Government.

Permits for electrical work of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor.

The Contractor shall give all notices and comply with all permits, laws, ordinances, rules, and regulations bearing on the conduct of the work as shown and specified. If there is a conflict between requirements in the Contract Documents and permits, laws, ordinances, rules and regulations, the requirements of the permits, laws, ordinances, rules and regulations shall govern.

WORK TO BE DONE AND MATERIALS TO BE FURNISHED

The Contractor shall perform all the work and furnish all the labor, material, tools, and appliances necessary or proper for performing the work required during the term of this Contract, in the manner called for by any drawings. The Contractor shall complete the required work, together with such extra work as may be required to the satisfaction of Charles County Government and the Project Manager or duly authorized representative(s) and in accordance with any drawings. All installations and materials shall comply with building codes in effect at the time work is performed.

MAINTENANCE OF TRAFFIC

The Contractor shall carry on their work in such a manner so as to cooperate with all pedestrian and vehicular traffic to the adjacent areas. The Contractor shall cooperate to keep access to adjacent properties or areas at all times. The attention of the

Contractor is directed to the fact that right of way for emergency and/or construction vehicles shall be maintained by the Contractor at all times.

RESTORATION OF DISTURBED SURFACES

Upon completion of work under this project, any road, driveways, walks, steps, lawns, and slopes which have been disturbed shall be restored to their original condition and the cost thereof shall be included in the various unit prices bid.

EVIDENCE OF PAYMENT

The Contractor shall furnish the Project Manager with satisfactory evidence, before or within ten (10) days after the final completion of acceptance of the site work under the Contract, that all persons, partnerships, and corporations who have done work or furnished materials under this Contract, or in or about the work contracted for, and who have given written notice to the Project Manager of claims against the Contractor on account thereof, have been fully paid or secured. In the event such evidence is not furnished by the Contractor, such amount shall be withheld as may be deemed necessary by the Project Manager out of any money due to the Contractor under the Contract until such claims have been fully discharged or such notice withdrawn.

The Project Manager may also, with the written consent of the Contractor, use the money retained, due or to become due under the Contract, for the purpose of paying both labor and materials for the work, for which claims have not been filed with the Project Manager.

CODES AND ORDINANCES

It is understood and agreed that the Contractor is familiar with all Federal, State, County, and Local codes and ordinances which govern the work as required in this Contract and that nothing in or omitted in these Specifications and any Drawings shall relieve the Contractor of full responsibility for compliance with the law.

NOTIFICATION OF PROJECT MANAGER

Contractor shall notify the Project Manager at least twelve (12) hours prior to commencing work, if work has been suspended for any reason other than normal non-working days. Violation shall result in material or work being declared unsatisfactory and being removed or redone at the Contractor’s expense.

ADJUSTMENT OF UTILITIES

It shall be the Contractor’s responsibility to adjust the utilities within the road section and shoulder as needed to perform work.

Payment for the adjustment of the service utilities is the Contractor’s responsibility. Payment for damaged utilities shall be the Contractor’s responsibility.

WATER SUPPLY

The Contractor shall provide at his own expense such quantities of clean water as may be required for any and all purposes under this Contract. The Contractor shall take particular care to furnish their employees with pure and wholesome drinking water. All sources of water supply to be used by the Contractor in connection with the works shall be subject to the approval of the Project Manager and shall be indicated to the Project Manager by the Contractor five (5) days before beginning work, so that examinations of said supplies can be made.

SANITARY ARRANGEMENTS

Approved sanitary conveniences for the use of laborers and others employed on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor, in such manner and at such points as shall be approved or directed, and their use shall be strictly enforced. The collections in the same shall be disinfected or removed as necessary.

ADJUSTMENT OF ROAD STRUCTURES

It shall be the Contractor’s responsibility well in advance of the beginning of work to notify all public utility corporations, municipal bureaus or owners to make all necessary adjustments to public utility fixtures and appurtenances within or adjacent to the limits of construction. Unless otherwise specified, these adjustments shall be made by the Contractor and in advance of construction, and the work shall be considered incidental to paving operations.

The Contractor shall be held responsible for any damage to the surface or subsurface utility installations during work under this Contract, and any so damaged, shall be replaced or repaired at the Contractor’s expense. Any expense resulting from damage to utility structures by the Contractor shall be charged against the Contractor and deducted from any monies due or to become due to the Contractor.

TIMBER AND BRUSH

All cut timber and brush shall be removed from the site of the work each work day unless otherwise directed.

CONSTRUCTION OF RIGHT OF WAYS

The Contractor shall not move any equipment or materials in the right of way or construction strips and shall not commence any clearing within the right of way until authorized to do so by the Project Manager. The Contractor shall confine his operations strictly within the limits of the right of way and these construction strips, unless the Contractor has the prior written permission of the owner of the adjacent property to occupy additional ground. Trees in the construction strips shall not be cut down except with the written permission of the owner of the property. Trees within the limits of the right of way may be cut down unless otherwise indicated or directed by the Project Manager.

The Contractor shall so conduct his work in the vicinity of right of ways so that there shall be a minimum of disturbance of the properties crossed. Fences shall be disturbed as little as possible and if damaged or removed shall be replaced at the cost of the Contractor to the satisfaction of the property owner.

CONSTRUCTION IN THE VICINITY OF TREES

In right of ways, the Contractor shall be permitted, where the tree in question does not come under the jurisdiction of the Charles County Forest Conservation Program, to cut down any trees, unless otherwise indicated on any drawings. In general, the State Department of Forestry has control over trees in public areas such as roads. Any other trees may be cut down only with the written permission of the Project Manager or owner of the adjacent property as the case may be. The Contractor shall execute due care not to injure trees, within or adjacent to the line of work, under the jurisdiction of the Charles County Forest Conservation Program. The Contractor shall carry on their operations in conformity with the requirements of the Charles County Forest Conservation Program without additional compensation over the price bid for the work.

LIGHTS, RAILINGS, AND WATCHMEN

The Contractor shall place sufficient lights on or near the work and keep them burning from twilight to sunrise. The Contractor shall erect suitable railings, fences, or other protection about open trenches, and provide all watchmen on the work, by day or night, that may be necessary for the public safety. The Contractor shall place proper guards and lights for the prevention of accidents during and after the delivery of materials and supplies and shall at all times take all necessary precautions to avoid accidents or injury to persons or property. The Contractor shall, upon notice from the Project Manager that the Contractor has not satisfactorily complied with the foregoing requirements, immediately take such measures and provide such means and labor to comply therewith as the Project Manager may direct, but the Contractor shall not be relieved of his obligations under the Contract by any such notice or directions. In case the Contractor shall not comply with an order with respect to guarding his work, the Project Manager may provide the required protection and the cost thereof shall be deducted from any monies due or to become due to the Contractor under the Contract. The Contractor shall not be relieved of his obligations under the Contract by any such action of the Project Manager.

SUPERVISION BY THE CONTRACTOR

No work shall be performed or material placed by the Contractor without a responsible representative of the Contractor present at all times. The Contractor shall supervise and direct the work. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor’s representative at the site(s). The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be binding as if given to the Contractor. The supervisor shall be present on the site(s) at all times and required to perform adequate supervision and coordination of the work as determined by Charles County Government. If the Contractor’s representative is not present all work shall be declared unsatisfactory and shall be removed at the Contractor’s expense.

PIPELINES TO BE KEPT CLEAN

During the progress of the work and until the completion and final acceptance thereof by Charles County Government, the pipelines and their appurtenances should be kept thoroughly clean throughout. Obstructions or deposits, at any time discovered, shall be removed at once by the Contractor without extra compensation. After the completion of the work, the pipelines and their appurtenances shall be left clean, free, and in good order.

LAND

Site(s) shall be delivered to the Contractor “as is” of the date of these specifications.

PROTECTION OF STRUCTURES FROM BITUMINOUS MATERIALS

It shall be the responsibility of the Contractor to adequately protect the curb, gutter, and other adjacent structures when bituminous material is being applied. The Contractor may use any method that is normal practice, such as protective paper, courses of sand, etc. If any of the surrounding structures are defaced, they shall be repaired at the Contractor’s expense. Within the paving area the Contractor shall protect manhole frames and covers and other similar utility road structures with paper or other means before applying bituminous material to the area.

After the bituminous paving course has been completed, it shall be the Contractor’s responsibility to remove the protective covering and examine the various surrounding structures to see that they are unimpaired and that their covers are free and sit properly.

DEFECTIVE WORK

Neither the inspection or supervision of the work, nor the presence or absence of Charles County Government employees during the execution of any part of the work, shall relieve the Contractor of any of their obligations under the Contract or of conforming his work to the lines, grades, and elevations given by the Project Manager; and defective work shall be made good and unsuitable material shall be rejected, notwithstanding that such work and material may have been previously overlooked and accepted for payment. If the work or any part thereof shall be found defective or to have been damaged, at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect, or injury, in a manner satisfactory to the Project Manager, without extra compensation therefore, even though said defect or injury may not have been due to any act, default, or neglect on the Contractor’s part. All materials shall be carefully examined by the Contractor for defects, just before placing, and any found defectives shall not be placed in the work.

REMOVAL OF CONDEMNED MATERIAL

If any material brought upon the ground or selected for use in the work shall be condemned by the Project Manager as unsuitable or not in conformity with the Contract Documents, the Contractor shall forthwith remove it from the vicinity of the work, without delay, and upon his failure to do so, within 48 hours after receipt of notice, the condemned materials may be removed by the Project Manager, and the cost of said removal shall be deducted from any monies due or to become due the Contractor under the Contract.

CLEANING UP

On or before the completion of the work each day, the Contractor shall, without charge leave the line of the work in a clean and neat condition.

ALTERATIONS

Charles County Government reserves the right to change the alignment, grade, form length, dimensions or materials of the work under the contract, whenever any conditions or obstructions are met that render such changes desirable or necessary. In case such alterations make the work less expensive to the Contractor, a proper deduction shall be made from the Contract prices and the Contractor shall have no claim on this account for damages or for anticipated profits on the work that may be dispensed with. In case such alterations make the work more expensive, a proper addition shall be made to the Contract prices. Any such deduction or addition shall be determined by the Project Manager.

MEASUREMENT OF WORK AND MATERIAL

All quantities of work and material to be paid for shall be measured and determined by the Project Manager according to the Contract Documents and drawings, and the working lines that may be given. No allowance shall be made for any excess work, except where such excess material has been supplied or work done by a change order of the Project Manager and in the absence of default or negligence on the part of the Contractor. Should the dimensions of any part of the work or the materials be less than those required by drawings or the directions of the Project Manager, only the actual quantities placed shall be allowed in measurement.

ADDITIONAL INSPECTION

In the event the Contractor fails to perform in a timely manner and the project is not completed within the Contract time, the Contractor shall be required to compensate the Charles County Government for the cost of additional inspection services incurred by the Charles County Government Costs for additional inspection services shall be computed as follows:

Two and one-half times direct payroll costs of Charles County Government personnel involved, plus reimbursement for actual travel, subsistence, telephone, printing, and other direct expenses at cost.

These costs shall be deducted from the Contractor’s monthly payment and shall be paid by the Contractor in addition to any liquidated damages the Contractor’s may be charged with. The Contractor’s monthly payment and the contract price shall be adjusted by a Change Order.

ACCIDENT PREVENTION

Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not inconsistent with applicable law or regulation.

WORKMANSHIP

All materials furnished and all work done shall be of the quality and character required by any drawings and projects to be completed during the course of the Contract. Where no standard is specified for such work or materials, they shall be of a kind acceptable to the Project Manager or duly authorized representative.

Any unsatisfactory materials furnished or work performed, at whatever time discovered, shall be immediately removed and satisfactorily replaced by the Contractor when notified to do so by the Project Manager or duly authorized representative. If the Contractor neglects or refuses to remove such unsatisfactory work or material within forty-eight (48) hours after the receipt of the above-mentioned notice, or if the Contractor shall not make satisfactory progress in doing so, Charles County Government may cause said work or material to be removed and satisfactorily replaced, by contract or otherwise, and the expense thereof shall be charged to the Contractor. Such expense shall be deducted from any monies due or to become due to the Contractor under the contract. UPON COMPLETION OF PROJECTS UNDER THIS CONTRACT, THE ENTIRE WORK

SHALL BE DELIVERED TO CHARLES COUNTY GOVERNMENT PERFECT AND COMPLETE AND IN A

SATISFACTORY WORKING CONDITION.

EMPLOYMENT OF SKILLFUL PERSONNEL

The Contractor shall employ only competent, skillful personnel to perform or supervise the work, and whenever the Project Manager or duly authorized representative shall, in writing, notify the Contractor that any personnel employed on the work is, in Charles County Government’s opinion incompetent, disobedient, unfaithful, disorderly, discourteous, or otherwise unsatisfactory, such employee shall be removed and shall not again be employed on the work, except with the consent of the Project Manager or duly authorized representative.

CARE AND PROTECTION OF WORK

From the commencement of each project during the course of this Contract until its completion, the Contractor shall be solely responsible for the care of the work and all injury or damage to the same, from whatever cause shall be made good by the Contractor, at the Contractor’s own expense, before the final payment is made. The Contractor shall provide suitable means of protection for all materials intended to be used in the work and for work in progress, as well as for completed work.

INJURY TO PROPERTY

In case any direct or indirect damage is done to public or private property, by or because of the work, or in consequence of any act or omission on the part of the Contractor, the Contractor’s employees or agents, the Contractor shall, at the Contractor’s own cost, restore such property to a condition similar or equal to that existing before such damage was done, by repairing, rebuilding, or otherwise, as may be required by the Project Manager or duly authorized representative or shall make good such damage in a satisfactory manner; and in case of failure on the part of the Contractor to promptly so restore such property, or make good such damage, the Project Manager or duly authorized representative may, upon forty-eight (48) hours’ written notice, proceed to repair, rebuild, or otherwise restore such property, as may be necessary, and the cost thereof shall be deducted from any monies due or to become due the Contractor under the Contract; or Charles County Government may deduct, from any monies due the Contractor, a sum sufficient, in the judgment of the Project Manager or duly authorized representative, to reimburse the owners of the property so damaged.

PREVAILING WAGE REPORTING

The County utilizes the web-based prevailing wage reporting software LCPtracker. All contractors and subcontractors are required to submit certified payrolls and labor compliance documentation using this software. Use of the software will involve data entry of weekly payroll information that is acceptable to the County. The software has interface capability with many payroll and accounting software programs that may streamline data entry. Software licensing and training will be provided by the County or its designated representatives. Contractors shall work cooperatively with any designated County representative, if applicable.

3.0 SCOPE OF SERVICES

CREWS

Work shall be subject to multiple crew requests by the Project Manager. If additional crews are not available within ten (10) business days, the Contractor shall be subject to the Breach of Contract terms and conditions of this Contract.

MATERIALS TESTING

The specifications for this Contract shall be those of the State Highway Administration entitled “Standard Specifications for Construction and Materials,” dated January 2008, additions, or latest edition thereto, which can be found at https://roads.maryland.gov. The Contractor’s attention is specifically called to the requirements of the Standard Specifications for Construction and Materials under Section 501-510. The Project Manager reserves the right to request material testing at any given time.

HOT MIX ASPHALT PAVEMENT

In the preparation of this material and construction methods to be followed, the requirements of the specifications under Standard Specifications for Construction and Materials Sections 401, 902, 903, 915, and 917 inclusive of the Supplemental Specifications for the type of resurfacing shall apply.

The Contractor shall submit a source of supply letter and job mix formulas meeting the gradation requirements of Maryland Department of Transportation (MDOT) not exceeding 25% reclaimed asphalt product (RAP) with their bid submittal. The batch mix shall be reapproved by the Project Manager monthly or by request during pavement operations.

Measurement and payment shall comply with MDOT Section 504.04 and at the unit price contract rate item in the Bid Form.

SPECIAL PAVING INSTRUCTIONS

Where bituminous concrete paving is being applied to roads carrying traffic, all pavement courses exceeding two inches (2”) in depth shall be matched with the abutting lanes on the same day. Where pavement courses of two inches (2”) or less are placed, the Contractor shall have the option the abutting lane on alternate days.

The intention of this directive, however, is to continue to minimize the amount of longitudinal joint that is exposed to the traveling public. Wherever practical, abutting lanes shall be paved regardless of depth of pavement courses prior to weekends and anticipated temporary shutdowns of work under this Contract.

In areas where longitudinal joints are left exposed to traffic, warning signs shall be erected indicating “Uneven Pavement Joints.” The signs shall be in accordance with State Highway Administration’s Manual of Uniform Traffic Control Devices.

They shall be placed 500 feet in advance of the uneven joint and spaced a maximum of 1,000 feet throughout the area of the uneven joint.

HOT MIX ASPHALT PATCHES

Refer to MDOT Section 505 for standard specifications and measurement for payment.

LIQUID ASPAHLT

B – PG 64 22 – Report of Analysis for Liquid Asphalt Specifications are included herein as Attachment B.

BITUMINOUS CONCRETE SURFACE FOR ENTRANCES

When preparing their bid, the Contractor shall take into consideration that tie-ins shall be made at entrances as directed by the Project Manager.

All entrances shall be paved with bituminous concrete surface to the length, width, and depth determined by the Project Manager.

BITUMINOUS CONCRETE CURB

This item shall consist of bituminous concrete curb placed and constructed according to the Specifications and Standards when and as directed. Standard No. MD-609.

PAVING MOBILIZATION FOR ASPHALT JOBS UNDER 40 TONS PER ROAD

Item shall pay for all equipment necessary to perform sawcutting, milling, sweeping, paving, and clean-up for storm drain culvert patches and water/sewer patches.

ASPHALT FOR SMALL PROJECTS UNDER 40 TONS PER ROAD

Item shall pay for all asphalt base and/or topping per unit contract price. Item shall include all incidental items such as but not limited to sawcutting, brooming, tack, and necessary cleanup. Small jobs shall be done in compliance with the Charles County Construction standard for a Utility Cut detail or as directed by a Charles County Government Representative.

https://roads.maryland.gov/

MILLING EXISTING HOT MIX ASPHALT PAVEMENT

A. Description

This work shall consist of milling the existing asphalt pavement to the depth and at all locations specified in the project manual to include but not be limited to roadways , parking lots ,trails, longitudinal joints, and thermoplastic paint.

B. Construction

The machine for removing the asphalt pavement shall be a power operated planing machine or grinder (Roadtec RX- 505 or equivalent) capable of removing, one pass, a layer of asphalt pavement no less than half the lane width to be removed. The machine shall be capable of accurately establishing profile grade control and shall have positive means for controlling slope elevation. The resultant surface shall be true to the established grade and shall be skid resistant.

Unless otherwise directed by the Project Manager, a tolerance of ±1/8 inch (3 mm) when using a 10-foot (3m) straight edge shall be maintained. The machine shall be capable of preventing dust from escaping into the atmosphere.

C. In addition to any other equipment required to remove debris behind the milling operation, a street sweeper equipped with a vacuum shall be used to remove the dust prior to returning the area to traffic. A truck mounted sweeper and collector (Tymco Model DST-6 or equivalent) shall be required at each job site.

D. Upon removal of millings, Contractor shall deliver millings to one (1) of the sites as directed by the Project Manager:

E. Measurement and Payment

Milling existing hot mix asphalt pavement shall be measured and paid for at the Contract unit price per square yard.

The square yard measurement shall be computed for the actual width and length measured along the area that has been milled. The payment shall be full compensation for mobilization, milling, sweeping, collecting, and disposing of milled material, as well as for all labor, material, equipment, and incidentals necessary to complete the work.

F. See Attachment C for RD-24 – Standard Road Details Utility Cuts (Reference for Pipe Crossings).

MAINTENANCE OF TRAFFIC/MARKINGS

All work shall be in accordance with the latest issue of the Manual On Uniform Traffic Control Devices And Maryland Department Of Transportation Traffic Control Typicals.

Traffic shall be maintained at all times throughout the entire length of this Contract, including public, private, and commercial entrances, road intersections, etc.

Equipment that is in use and requires temporary storage within the limits of this Contract and materials stored or stockpiled under this Contract shall be placed in a location which shall not be hazardous to the traveling public and as approved by the Project Manager.

Traffic cones used on this job shall be a minimum of 36 inches in height with the predominate color being orange in accordance with Section 6C-3 of the “MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES.” No improvisations shall be accepted. Barrels used for lane delineation or barricades shall meet State Highway Administration Specifications.

The Contractor shall notify the Project Manager of any and all roads wholly or partially blocked 72 hours prior to closure so that the Project Manager may notify Charles County Government’s Department of Emergency Services.

A. Pavement Markings

Refer to MDOT Specification 554 for application and payment.

CERTIFIED FLAGGERS

All flaggers shall be required to pass an approved State Highway Administration flagger course and have their approved flagger card in their possession at all times while flagging. The State Highway Administration provides a “Train the Trainer” program for responsible parties.

Flaggers shall be governed by and be familiar with the latest editions of the MUTCH Part VI, Section 6E and Maryland’s Standards and Specifications for Construction and Materials, Section 104.15.

A. The Contractor shall submit a list on company letterhead of all certified flaggers and certifications with their bid.

B. The Contractor shall ensure certifications remain current and shall provide updated certifications to the Project Manager upon request.

C. If there are changes to the Contractor’s personnel, the Contractor shall immediately provide certification documentation to the Project Manager for approval. Only pre-qualified personnel shall be eligible to work under this Contract. Failure to comply may result in termination of the Contract.

Failure to have adequate flagging shall be deemed a breach of contract and the terms and conditions contained in this Contract shall be enforced. Payment for traffic control on days where traffic control was not adequate shall not be paid or deducted or both from all requests for payment.

4.0 BID ITEM DESCRIPTIONS

BASE BID ITEMS A1-A20

Items and quantities are estimated and use of these items nor quantities are guaranteed and require authorization from the County.

The Contractor shall provide services described herein in accordance with all local, state, and federal requirements (ie Charles County Government Department of Planning and Growth Management Standards and Specifications for Construction, 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 work in any manner).

Items A1 – A20 of the Bid Form establish the unit prices for which payment by the County will be based for the unit type as authorized by the County and actual work performed by the Contractor in accordance with the Contract Documents.