Special_Provisions_-_Final_-_260923.pdf

RFP 27-012, Charles County VanGo Maintenance Facility Construction

Appendix A – Special Provisions

Table of Contents

1.0 GENERAL

2.0 SCOPE OF SERVICES

3.0 SCOPE OF WORK

4.0 FEDERAL TRANSIT ADMINISTRATION AND MDOT MTA CONTRACT

PROVISIONS

APPENDIX A - SPECIAL PROVISIONS (d 09/23/2026)

1.0 GENERAL

1.1 PROJECT DESCRIPTION

The Board of Commissioners for Charles County are seeking bids from qualified contractors for turnkey construction services for the Charles County VanGo Transit Operations and Maintenance Facility. The project consists of the complete construction, testing, commissioning, training, and turnover of the Charles

County VanGo Transit Operations and Maintenance Facility. The project site is located east of Piney

Church Road, Waldorf, Maryland 20602, on Tax Map 24, Grid 22, Parcel 169, Account No. 08-359601.

The civil plan set is identified as PGM # DSP-230025 and Project No. 32208-030, and the site area is approximately 6.72 acres. (See Appendix D - Vicinity Maps).

The facility is intended to support a fleet of approximately fifty (50) transit buses. The approved capital improvement program describes an approximately 180,000-square-foot overall facility program, including approximately 20,000 square feet of administration, operations, and maintenance service space and approximately 82,000 square feet of commuter-bus parking. These figures represent the adopted capital-program description; the final dimensions, areas, quantities, and constructed scope shall be as shown in the

Contract Documents.

The project is funded in part with Federal and State transit funds administered through the Maryland Transit

Administration (MTA). This project is subject to applicable prevailing-wage requirements, including the

Davis-Bacon Act and related Federal labor standards identified in the Contract Documents. The Contractor and all tiers of subcontractors shall pay covered laborers and mechanics not less than the wage rates and fringe benefits established in the applicable wage determination incorporated into the Contract Documents.

Certified payrolls and other required labor-compliance documentation shall be submitted in accordance with Section 2.18 and the Federal contract provisions. The Contractor and all subcontractors shall comply with all applicable County, State, MTA, federal, labor, environmental, quality, reporting, and recordkeeping requirements incorporated into the Contract Documents.

1.2 DRAWINGS & SPECIFICATIONS

All Work shall be performed in accordance with the complete Contract Documents provided or issued by the County, including the executed Contract, General Provisions, these Special Provisions, addenda, final sealed civil, architectural, structural, mechanical, electrical, plumbing, fire-protection, controls, security, technology, equipment, and specialty-system drawings, technical specifications, approved permits and permit conditions, reports, studies, approved submittals, and written Contract directives.

The Work shall also comply with the Charles County Government Department of Planning and Growth

Management Plan Preparation Package, Standards and Specifications for Construction, applicable

County guides and process manuals, permit and inspection requirements, applicable Maryland Department of Transportation State Highway Administration requirements, applicable utility-company requirements, and all local, State, and Federal ordinances, codes, standards, guidelines, and regulations governing the

Work.

The Contractor shall promptly identify and submit a Request for Information (RFI) for any error, omission, conflict, inconsistency, or unforeseen condition in the Contract Documents. The Contractor shall not proceed with affected Work until written direction is received from the County. The Contractor shall not redesign the permanent Work or implement substitutions or value-engineering changes unless authorized by written Contract modification.

The Contract Documents are intended to describe a complete and fully functional project. Failure to identify or specifically mention work, materials, coordination, temporary measures, or incidentals that are normally required to complete the Work shall not relieve the Contractor of responsibility to provide them as part of the lump-sum Contract, unless the Contract Documents expressly state otherwise.

These Special Provisions supplement the referenced standard specifications. The order of precedence established in the executed Contract and General Provisions shall govern all conflicts. The Contractor shall promptly notify the County in writing of any conflict and shall not proceed with the affected Work until written direction is received.

1.3 TIME OF COMPLETION

The Contractor shall achieve Final Completion of all Work within five hundred forty-seven (547) consecutive calendar days from the date established in the written Notice-to-Proceed (NTP) from the

County. Final Completion includes completion of construction, testing, commissioning, training, punch-list work, permit closeout, submission and acceptance of all record documents and closeout materials, demobilization, and final acceptance by the County.

All submittal review periods, procurement and fabrication durations, long-lead equipment deliveries, utility coordination, inspections, testing, commissioning, training, and closeout activities are included within the

Contract Time. Long-lead conditions shall not automatically entitle the Contractor to additional Contract

Time. Any time extension must be supported by timely written notice and approved by written Contract modification.

1.4 QUALITY OF WORK

All Work shall be performed in a neat, skillful, durable, and workmanlike manner consistent with accepted construction-industry standards and the Contract Documents. Materials and equipment shall be new and of the quality specified unless expressly approved otherwise. Work that is defective, nonconforming, incomplete, unsafe, or not properly documented may be rejected and shall be corrected or replaced at no additional cost to the County.

The Contractor shall remain responsible for the project site, temporary work, materials, equipment, and completed Work until accepted by the County. Failure to maintain acceptable quality, supervision, progress, safety, or compliance may be grounds for suspension of the affected Work or other remedies available under the Contract.

1.5 LIQUIDATED DAMAGES

Time is of the essence for the completion of this project. In accordance with the General Provisions section, the County shall, at its discretion, assess liquidated damages not to exceed $500.00 per day as a result of the project being extended beyond the contract completion date as specified herein. Actual damages incurred as a result of a delay are incapable of estimation by the County at this time.

1.6 FEDERAL, STATE, AND MDOT MTA REQUIREMENTS

The project is funded in whole or in part with Federal Transit Administration (FTA) funds administered through the Maryland Department of Transportation Maryland Transit Administration (MDOT MTA). The

Contractor acknowledges that the Work is subject to applicable Federal, State, MDOT MTA, FTA, and

Charles County requirements.

The Federal Transit Administration and MDOT MTA contract provisions contained in Section 4.0 of these

Special Provisions are incorporated into and made part of the Contract. The Contractor shall comply with each applicable requirement and shall include each required provision in every subcontract, purchase order, supply agreement, professional-services agreement, and lower-tier agreement associated with the Work.

The Contractor is responsible for compliance by its subcontractors, suppliers, consultants, vendors, and other lower-tier entities. The Contractor shall obtain and maintain all certifications, disclosures, representations, reports, payroll records, origin documentation, subcontractor-payment records, and other supporting information required by the County, MDOT MTA, FTA, the United States Department of

Transportation, the United States Department of Labor, and other agencies having jurisdiction.

The Contractor shall promptly notify the County in writing of actual or potential noncompliance with any

Federal or State requirement. The County may withhold payment, reject materials, suspend affected Work, require corrective action, or exercise any other remedy available under the Contract when the Contractor or a lower-tier entity fails to comply with an applicable requirement.

Applicable Federal and State requirements may be amended during the Contract. The Contractor shall comply with the requirements applicable to the FTA award and MDOT MTA grant agreement funding the project, including revisions or written directives issued by the County or MDOT MTA. No change in a

Federal or State requirement authorizes additional compensation or Contract Time unless approved through a written Contract modification. The Contractor shall comply with all applicable nondiscrimination, prompt-payment, reporting, monitoring, and participation requirements stated in the Contract Documents.

A general reference to Federal compliance does not relieve the Contractor of its obligation to comply with the complete clauses, certifications, and flow-down requirements included in the Contract Documents.

Each payment application shall include all documentation required by the Contract, the County, MTA, and

FTA for the Work covered by that payment application. A payment application submitted without complete and acceptable supporting documentation shall be considered incomplete and shall not be approved or processed for payment. The County shall withhold payment for any Work associated with missing, incomplete, inaccurate, or noncompliant documentation until the Contractor submits the required documentation and the County determines it to be acceptable. The Contractor shall not be entitled to additional compensation, interest, or an extension of Contract Time resulting from payment withheld under this provision.

1.6.1 Conflict of Requirements

The Contractor shall comply with all applicable Federal, State, MDOT MTA, FTA, and Charles County laws, regulations, grant requirements, contract provisions, standards, and directives applicable to the Work.

If the Contractor identifies an actual or potential conflict among such requirements, the Contractor shall promptly notify the County in writing and shall not proceed with the affected Work until written direction is issued by the County. The County will determine the appropriate resolution in consultation with MDOT

MTA, FTA, the County Attorney, and other agencies having jurisdiction, as applicable. A mandatory

Federal or State requirement applicable to the funding or performance of the Contract shall control only to the extent that it is irreconcilably inconsistent with a County requirement. In all other respects, applicable

County requirements shall remain in full force and effect. Where requirements are cumulative or where one requirement is more stringent and is not prohibited by applicable law or grant conditions, the more stringent requirement shall apply. Nothing in this Section authorizes the Contractor or any subcontractor to disregard a County requirement, interpret a conflict independently, or receive additional compensation or Contract

Time unless authorized by a written Contract modification

2.0 SCOPE OF SERVICES

The Scope of Services includes all incidental and reasonably inferable work necessary to complete the lump-sum Work identified on the Bid Form and in the Contract Documents. The Contractor shall furnish all labor, supervision, project management, materials, equipment, tools, temporary facilities, temporary utilities, transportation, testing assigned to the Contractor, permits and fees assigned to the Contractor, documentation, protection, coordination, incidentals, and appurtenances necessary to deliver a complete, functional, code-compliant, accessible, maintainable, and operational facility.

The Contractor shall not commence Work before receiving an official written NTP from Charles County

Department of Public Works. Any other form of authorization does not constitute approval to begin Work.

There will be no separate payment for tasks within the Scope of Services unless specifically identified as a separate Cost Bid Item or allowance in the Contract Documents. Costs shall be included in the lump-sum

Base Price Bid.

2.1 PRE-CONSTRUCTION VIDEO

After receipt of the NTP and before mobilizing or disturbing the site, the Contractor shall conduct a dated video and photographic inspection of the project limits and adjacent areas that could be affected by construction. The Contractor shall notify the County at least forty-eight (48) hours before the inspection so a County representative may attend and identify additional areas to be documented. Documentation shall include existing roadways, access routes, public or private property, drainage features, utilities, structures, pavements, landscaping, environmental features, and other visible conditions. A complete electronic copy shall be provided to the County before mobilization or site disturbance and may be used to evaluate claims involving construction-related damage.

2.2 MOBILIZATION/DEMOBILIZATION

The Contractor shall mobilize and commence authorized field activities within fourteen (14) calendar days after the date established in the NTP, unless a different date is accepted in writing by the County.

Mobilization includes required surveying and stakeout, temporary controls, project signage, temporary facilities and utilities, site security, delivery of equipment and tools, establishment of the approved staging and laydown areas, and all applicable requirements of Section 01100 of the Charles County Government

Department of Planning and Growth Management Standards and Specifications for Construction.

Mobilization shall be identified in the accepted Schedule of Values and shall not exceed five percent (5%) of the total Contract value. Up to fifty percent (50%) of the accepted mobilization value may be included in the first payment application after the Contractor has substantially mobilized and established the required facilities. The remaining mobilization value shall be paid based on demonstrated progress, provided that not less than ten percent (10%) of the mobilization value is reserved for demobilization, final cleanup, removal of temporary facilities and controls, and restoration of affected areas.

The Contractor shall account for the limited onsite areas available for parking, staging, laydown, and storage. Use of any offsite property for storage, parking, or staging is the Contractor's responsibility and requires written permission from the property owner and compliance with applicable permits and erosion and sediment control requirements. The County will not be responsible for delays or costs resulting from the Contractor's delivery, storage, or logistics arrangements.

2.3 PROJECT SCHEDULE

The Contractor shall submit a detailed baseline Critical Path Method (CPM) schedule at or before the Pre-

Construction Meeting and in no event later than fourteen (14) calendar days after the NTP. The schedule shall break the Work into manageable and measurable activities and shall identify submittals, reviews, procurement, fabrication, delivery, permits, utility coordination, site and building construction, inspections, testing, startup, commissioning, training, Substantial Completion, punch-list work, closeout, and Final

Completion.

The Contractor shall maintain a current CPM schedule throughout the Contract. Updated schedules, schedule narratives, three-week look-ahead schedules, procurement logs, and recovery plans shall be provided before each progress meeting and with each payment application. The schedule will be a primary tool for evaluating progress, delays, requests for additional time, and requests for additional general conditions. If progress falls behind the accepted schedule, the Contractor shall provide and implement an acceptable recovery plan at no additional cost when the delay is attributable to the Contractor.

The County may hold, reject, or return a payment application if the Contractor has not submitted the required current CPM schedule, schedule narrative, meeting minutes, procurement information, or schedule analysis supporting a proposed change. Each change bid shall identify the effect, if any, on the accepted

CPM schedule, critical path, milestones, and Contract completion date.

2.4 PERMITS

The County will provide copies of project permits, approvals, and permit conditions included in the

Contract Documents. The Contractor shall review and comply with all permit conditions, inspection requirements, approved plans, and agency directives and shall accept permit transfers or transfers of authorization assigned to the Contractor. Unless the Contract Documents expressly assign renewal responsibility to the Contractor, the County will remain responsible for renewing permits obtained in the

County's name. The Contractor shall timely provide all information, certifications, inspection records, and other cooperation necessary to support County renewals. The Contractor shall maintain, renew, and close permits obtained by the Contractor or expressly assigned to the Contractor.

The Contractor shall obtain and pay for all licenses, trade permits, operational permits, hauling permits, temporary permits, utility permits, and other approvals assigned to the Contractor or required by the

Contractor's means and methods. No regulated Work shall begin until the required permit, approval, inspection, or authorization is in place. The Contractor shall coordinate final inspections, certifications, occupancy approvals, and permit closeout documentation.

Where required by an applicable permit, the Contractor shall complete and maintain permit transfers or transfers of authorization, prepare or update contractor-specific pollution-prevention or compliance plans, perform and document weekly, post-rainfall, and other required inspections. Copies of inspection records, corrective-action documentation, and permit correspondence shall be provided to the County upon request and as part of project closeout.

Permit / Approval Agency Permit /

Reference No.

Status / Date

Contract

Reference

Stormwater Associated with Construction Activity

– General Permit Coverage

Maryland Department of the Environment

20CPI07TZ /

MDRCI07TZ

Authorized

12/06/2023

Appendix

E-1

Nontidal Wetlands and

Waterways Authorization

Maryland Department of the Environment /

U.S. Army Corps of

Engineers

22-NT-0075 /

202260428

Effective

11/13/2023;

Expires

11/13/2028

Appendix

E-2

Permit / Approval Agency Permit /

Reference No.

Status / Date

Contract

Reference

Forest Conservation Plan

Approval

Maryland Department of Natural Resources

FCP #S24-04

Approved

07/08/2024

Appendix

E-3

Tier II Antidegradation

Determination

Maryland Department of the Environment

20CPI07TZ

No Additional

Review Required

– 12/12/2023

Appendix

E-4

VanGo Way Road Design

Variance

Charles County

Department of Planning

& Growth Management

DSP-230025

Approved

12/10/2024

Appendix

E-5

Building Permit Charles County

Government

COMM-230186

Existing Permit –

Extension

Requested

07/24/2026

Appendix

E-6

Site Development / Civil

Plans

Charles County

Department of Planning

& Growth Management

DSP-230025 /

Project No.

32208-030

Approved

Contract Plan Set

Appendix

B-1

Building / Multidiscipline

Permit Drawings Charles County / WRA

COMM-230186 /

Permit Set

Contract Permit

Drawing Set

Appendix

B-2

2.5 SITE ACCESS, SECURITY, AND CONTINUITY OF OPERATIONS

Before mobilization, the Contractor shall submit a site logistics and phasing plan identifying construction access, haul routes, staging, laydown, temporary parking, deliveries, fencing, gates, temporary utilities, security, emergency access, and separation of construction activities from County and VanGo operations.

The Contractor shall confine operations to approved work limits and shall not use adjacent property without written authorization.

The Contractor shall maintain safe access for County, VanGo, emergency, inspection, utility, delivery, and authorized personnel. No roadway closure, utility interruption, system shutdown, or operational impact shall occur without an approved written plan, required permits, and advance written notice in accordance with the Contract Documents. The Contractor shall provide temporary measures necessary to maintain required access, safety, drainage, and services.

2.6 WORKING HOURS AND WORK RESTRICTIONS

The Contractor shall comply with all working-hour, noise, access, traffic, and shutdown restrictions contained in the permits and Contract Documents. Work outside normal County-approved working hours, including nights, weekends, or County-observed holidays, requires a written request submitted at least forty-eight (48) hours in advance and written authorization by the County, except for emergency protective work. Authorization to work extended hours does not entitle the Contractor to additional compensation.

2.7 PROJECT SIGN

The County will provide project information sign(s) after issuance of the NTP. Sign sizes are anticipated to be approximately 5 feet by 8 feet or 6 feet by 10 feet, or a combination of both. Wood posts, supports, mounting hardware, foundations, and installation are not provided by the County. The Contractor shall retrieve the sign(s) from the Charles County Department of Public Works location identified in the solicitation or from another location directed in writing by the County.

Before Work starts, the Contractor shall install the project information sign(s) at locations approved by the

County. Each sign shall be adequately supported by a minimum of two (2) 4-inch by 4-inch wood posts and any additional supports necessary to withstand normal wind loads, maintain required sight distance, and remain visible and readable. No lights, flags, advertisements, or other devices may be attached without prior written approval.

The Contractor shall maintain, clean, repair, and protect the signs for the duration of the project. Damage beyond normal wear shall be repaired or replaced at the Contractor's expense. Upon completion, the

Contractor shall remove and return the signs to the County at the location from which they were retrieved.

2.8 CONSTRUCTION SURVEY

The Contractor shall provide all surveying and field-engineering services necessary to complete the Work, including recovery and protection of existing control, establishment of supplemental control, construction stakeout, verification of grades and elevations, utility and structure locations, progress measurements, and collection of complete as-built information. Surveying shall be performed under the responsible charge of a Maryland-licensed professional land surveyor where required by law, permit, or the Contract Documents.

The Contractor shall protect survey monuments and controls and shall replace any disturbed or destroyed control at no additional cost to the County. The Contractor shall promptly report discrepancies between field conditions and the Contract Documents before proceeding with affected Work.

2.9 EQUIPMENT AND MATERIAL SUBMISSION

The Contractor shall prepare and maintain a comprehensive submittal schedule and submittal log coordinated with the CPM schedule and long-lead procurement plan. Before ordering, fabrication, delivery, installation, or use, the Contractor shall submit required shop drawings, product data, samples, source information, certifications, calculations, delegated-design documents, warranties, compliance statements, and other information required by the Contract Documents.

The Contractor shall review, coordinate, and approve each submittal before forwarding it for review and shall verify dimensions, quantities, field conditions, interfaces, and compliance with the Contract

Documents. Submittals shall include applicable Buy America documentation and Build America, Buy

America (BABA) documentation, material test reports, and manufacturer information. The Contractor shall provide a Certificate of Compliance for each material and item of equipment stating that the material or equipment fully complies with the Contract requirements. Ordering or fabrication before acceptance of a required submittal is at the Contractor's sole risk and does not relieve the Contractor of compliance.

Proposed substitutions shall be submitted in accordance with the Contract Documents and shall include complete technical comparisons, cost and schedule impacts, warranty information, maintenance requirements, and required approvals. No substitution is authorized unless approved in writing by the

County.

2.10 EROSION AND SEDIMENT CONTROL

The Contractor shall install, inspect, maintain, repair, and remove erosion and sediment control measures in accordance with the approved drawings, permits, Charles County standards, and all applicable Federal, State, and local requirements. The Contractor shall sequence land disturbance, construction entrances, stockpiles, dewatering, perimeter controls, temporary stabilization, and permanent stabilization to maintain compliance throughout construction.

The Contractor shall provide access and assistance to regulatory inspectors and shall immediately correct deficiencies identified by the County or any regulatory agency. Controls shall remain in place until final stabilization is achieved and formal approval is received for removal.

2.11 GEOTECHNICAL AND QUALITY CONTROL TESTING

Unless specifically identified as County-provided in the Contract Documents, the Contractor shall retain qualified independent testing agencies to perform required field and laboratory testing. Testing shall include, as applicable, soils and bearing verification, fill and backfill compaction, concrete, masonry, structural steel and welding, paving, utilities, pressure and leakage testing, disinfection, fire-protection systems, roofing, building-envelope work, and other materials and systems required by the Contract

Documents.

The Contractor shall coordinate testing with the County, Engineer of Record, inspectors, and affected trades; provide safe access and notice; protect test locations; submit complete reports; correct deficiencies;

and repeat testing until acceptance criteria are met. County or third-party verification testing does not relieve the Contractor of responsibility for quality control or compliant Work.

Subsurface information and boring data provided with the Contract Documents represent conditions encountered only at the specific locations and times investigated and are not a warranty of conditions throughout the site. The Contractor shall review the available information, perform the site and field verification reasonably necessary for its means and methods, and promptly notify the County of materially differing conditions in accordance with the Contract notice requirements.

2.12 UTILITY LOCATIONS AND COORDINATION

Before excavation or other subsurface Work, the Contractor shall contact Miss Utility and all applicable utility owners, verify current utility markings, review available records, and perform test pits or other non-destructive verification necessary to determine the horizontal and vertical location of existing utilities, services, laterals, structures, and facilities. Utilities shown on the Contract Drawings are based on available information, and the County does not warrant that all utilities are shown or that indicated locations are exact.

Before ordering buried utility, drainage, foundation, or site materials that could be affected by existing conditions, the Contractor shall verify potential conflicts and immediately submit the information to the

County for resolution. Materials ordered or Work installed before completing required verification are at the Contractor's risk. Rework, restocking, or delay caused by failure to perform required utility verification will not be considered a basis for additional compensation or time.

The Contractor shall protect and support existing utilities and shall coordinate all relocations, adjustments, shutdowns, tie-ins, and service interruptions with the County and affected utility owner. No interruption shall occur without an accepted written plan and required advance notice. Utilities damaged by the

Contractor shall be immediately reported and restored to the satisfaction of the owner at no additional cost to the County.

2.13 SAFETY AND QUALITY CONTROL

Before mobilization, the Contractor shall submit a project-specific Safety Plan and Quality-Control Plan.

The Contractor shall provide a qualified project manager and a full-time onsite superintendent whenever

Work is in progress and shall maintain sufficient supervisory, safety, quality-control, and trade personnel to meet the Contract requirements. The superintendent shall have authority to direct the Work, receive instructions, and implement corrective action. The County may require documentation of qualifications and written acceptance of the superintendent or any replacement before the individual assumes responsibility for the Work.

The Contractor is solely responsible for construction means, methods, sequencing, temporary work, site safety, protection of persons and property, and compliance with applicable safety requirements. The

Contractor shall maintain barricades, fencing, warning signs, housekeeping, fire prevention, and other controls necessary to protect the public and authorized site personnel. Injuries, incidents, property damage, utility strikes, environmental releases, and regulatory violations shall be reported immediately to the

County. Nonconforming Work and damage caused by construction shall be corrected at no additional cost to the County. The County may stop affected Work when required supervision, safety controls, or regulatory compliance are not maintained.

2.14 PROJECT COORDINATION

The Contractor shall coordinate with the County Project Manager, VanGo representatives, the Engineer of

Record, the County Purchasing Division, MTA, permitting and inspection agencies, testing agencies, utility providers, emergency services, subcontractors, suppliers, equipment vendors, and all other entities having jurisdiction or an interest in the Work. The Contractor shall provide timely notices before and after Work affecting another party's facilities, property, access, operations, or responsibilities and shall maintain reasonable access for those parties to perform their duties.

2.15 PROJECT MEETINGS

The Contractor is required to attend and support periodic meetings throughout the duration of the Contract.

2.15.1 Kick Off Meeting

The Contractor shall attend a project Kick Off Meeting before starting field Work and shall coordinate the meeting date and time with the County Project Manager. The County will provide the agenda and chair the meeting. The Contractor shall provide the initial CPM schedule, preliminary Schedule of Values, submittal schedule, long-lead procurement plan, site logistics and phasing plan, Safety Plan, Quality-Control Plan, and requested project-management information. The Contractor shall prepare meeting minutes and submit them to the County for review and acceptance within one (1) week. Topics will generally include:

1. Responsibilities and authority of the County, VanGo, Engineer of Record, Contractor, MTA, inspectors, and testing agencies.

2. Contract communication, document control, RFIs, submittals, and change-management procedures.

3. Project schedule, long-lead procurement, milestones, phasing, and continuity of operations.

4. Site access, staging, deliveries, security, emergency access, temporary facilities, and project signage.

5. Permits, inspections, utilities, environmental controls, and regulatory coordination.

6. Schedule of Values, payment applications, certified payrolls, retainage, and stored materials.

7. Federal, State, MDOT MTA, FTA, labor and recordkeeping requirements.

8. Safety, quality control, testing, commissioning, training, record drawings, and closeout.

9. Coordination with other contractors, County operations, and equipment vendors.

10. Other project-specific requirements identified by the County.

2.15.2 Pre-Construction Site Meeting

The Contractor shall coordinate with the County, Engineer of Record, applicable regulatory agencies, inspectors, testing agencies, and utility companies to conduct a Pre-Construction Site Meeting before site disturbance. The purpose is to confirm existing conditions, limits of disturbance, access, survey control, utility locations, environmental features, erosion and sediment controls, inspection procedures, testing responsibilities, and immediate construction sequencing.

2.15.3 Bi-Weekly Progress Meetings

The Contractor shall attend and chair all Progress Meetings at the site or another location approved by the

County on a bi-weekly basis, or more frequently when directed by the County. The meetings will review construction progress, schedule, procurement, submittals, RFIs, changes, safety, quality, testing, permits, utilities, payment status, and unresolved issues.

The Contractor shall provide an agenda at least forty-eight (48) hours before each meeting, provide a verbal status update during the meeting, and submit updated meeting minutes to the County for review and comment within one (1) week after each meeting. The Contractor shall also provide an updated CPM schedule, three-week look-ahead schedule, current submittal, RFI, change, procurement, and testing logs, and other information requested by the County.

2.15.4 Field Coordination Meetings

The Contractor shall coordinate and attend field coordination, utility, safety, quality, commissioning, closeout, and regulatory meetings required by the County or agencies having jurisdiction. Meetings may include Charles County departments, MTA, the Maryland Department of the Environment, the Maryland

Department of Transportation State Highway Administration, utility providers, emergency services, and other affected parties.

2.16 INVOICES

The Contractor shall submit monthly payment applications on the County's required form for Work satisfactorily performed during the preceding period. At least fourteen (14) calendar days before the first payment application, the Contractor shall submit a detailed Schedule of Values for County review and acceptance. The Schedule of Values shall break the lump-sum Base Price Bid into measurable construction categories and shall align with the accepted CPM schedule.

Each payment application shall include the current Schedule of Values, updated CPM schedule and narrative, progress photographs, certified payrolls, subcontractor payment information, approved stored-material documentation, testing and inspection records, releases, and other supporting information required by the Contract Documents. Payment by the County does not constitute acceptance of defective or nonconforming Work.

The County reserves the right to hold, reject, or return a payment application when required schedules, meeting minutes, certified payrolls, subcontractor reports, testing records, releases, or other supporting documentation are incomplete, untimely, or unacceptable.

2.17 RETAINAGE

The County will retain five percent (5%) from progress payments unless otherwise stated in the executed

Contract. Reduction of retainage is at the sole discretion of the County and may be conditioned on satisfactory progress, completion of major milestones, resolution of deficiencies, and submission of required documentation. Retainage will be released in accordance with the Contract Documents and the

Release of Retainage provisions below.

2.18 PREVAILING WAGE REPORTING

The Contractor and all subcontractors shall submit certified payrolls and required labor-compliance documentation through the County's designated web-based prevailing-wage reporting system, currently

LCPtracker, unless the County directs otherwise. Payroll information shall be entered weekly and shall be complete, accurate, and consistent with the applicable Federal and State wage determinations and Contract requirements. The Contractor is responsible for monitoring subcontractor compliance and correcting deficiencies.

2.19 AS-BUILT AND RECORD DRAWINGS

The Contractor shall maintain a complete, current, and legible record set of drawings and specifications at the project site. The record set shall identify actual installed locations, dimensions, elevations, routing, concealed conditions, approved changes, equipment information, utility data, and other deviations from the

Contract Documents. Record information shall be available to the County for inspection at all times.

At approximately fifty percent (50%) completion and at additional intervals requested by the County, the

Contractor shall submit progress redline drawings for review. Before the Substantial Completion inspection, the Contractor shall submit two (2) complete redline sets and an electronic PDF set for County review. Comments shall be addressed and resubmitted until accepted. The Substantial Completion inspection will not be held until the required redline drawings and draft as-built information have been submitted and accepted by the County.

After acceptance of the redline information, the Contractor shall submit final Record Drawings and as-built data in the hard-copy and electronic formats required by the Contract Documents, including CAD, PDF, GIS, survey, and utility information where applicable. Record documents shall be signed and sealed by a professional engineer or professional land surveyor licensed in Maryland where required by the Contract

Documents, permits, or applicable law. The Contractor shall use the County-provided Record Drawing, as-built, and closeout forms included in the applicable solicitation appendices. Final Completion will not be issued until the required final Record Drawings and as-built documents have been accepted by the County.

Before the Substantial Completion inspection, the Contractor shall complete a final topographic and utility survey of the constructed site improvements and provide draft as-built drawings and required data forms sufficient for the County, Engineer of Record, permit agencies, and utility owners to verify compliance.

The as-built information shall include final grading, drainage, stormwater management, pavements, structures, utilities, building locations, and other improvements required by the Contract Documents. The

Substantial Completion inspection will not be held until the draft as-built information is complete and acceptable to the County.

2.20 OPERATIONS AND MAINTENANCE MANUALS

Before Substantial Completion, the Contractor shall submit four (4) complete printed sets and one (1) complete electronic set of operations and maintenance manuals, unless the Contract Documents require additional copies. Manuals shall be organized by system and shall include approved submittals, manufacturer data, operating procedures, preventive-maintenance requirements, parts lists, warranties, test reports, certifications, sequences of operation, software and licensing information, troubleshooting guidance, and required turnover data.

Draft manuals shall be submitted early enough to support startup, commissioning, and training. Final manuals shall incorporate review comments, final settings and configurations, record information, and completed test and commissioning data.

2.21 CLOSEOUT DOCUMENTS

Upon completion of the Work, the Contractor shall submit the complete closeout package required by the

Contract Documents. The package shall include final Record Drawings and as-built data and certifications;

final operations and maintenance manuals; warranties and bonds; signed and sealed testing and geotechnical reports and certifications; startup and commissioning records; training records; permits, inspection approvals, certificates of occupancy and use, and notices of construction completion; final asset, equipment, utility, and stormwater-management data; final logs; keys and access credentials; software and licenses;

spare parts and attic stock; Contractor's Affidavit of Payment of Debts and Claims (AIA G706); Contractor's

Affidavit of Release of Liens (AIA G706A); Consent of Surety to Final Payment (AIA G707); releases and waivers of lien from the Contractor and each applicable subcontractor, supplier, and vendor; final certified payroll; and all other required documents. The Contractor shall correct and resubmit incomplete or unacceptable closeout materials at no additional cost to the County.

2.21.1 ADA Facility Certification

Before Final Completion, the Contractor shall provide all inspections, testing, measurements, documentation, and corrective Work necessary for the Engineer of Record to certify that the completed facility was designed and constructed in accordance with applicable ADA regulations and the United States

Department of Transportation ADA Standards for Transportation Facilities.

Final Completion may be withheld until the required accessibility certification is received and all identified accessibility deficiencies are corrected and accepted by the County.

2.22 PROJECT CLOSEOUT

2.22.1 Substantial Completion Certification and Punch List

The County will issue a Certificate of Substantial Completion when the Work is sufficiently complete for the County's intended use; required startup, testing, balancing, commissioning, demonstrations, and training have been satisfactorily completed; required occupancy and operational approvals have been obtained;

redline Record Drawings and draft operations and maintenance manuals have been accepted; and remaining

Work does not interfere with safe use. The Certificate will identify the punch list and responsibilities for security, utilities, maintenance, insurance, and warranties.

2.22.2 Warranty Period

Unless a different commencement date is expressly established in the executed Contract or Certificate of

Substantial Completion, the issue date of the Certificate of Substantial Completion shall establish the start of the one-year warranty period, which shall continue for three hundred sixty-five (365) consecutive calendar days. Longer manufacturer, system, equipment, roof, pavement, coating, or other warranties required by the Contract Documents remain in effect for their specified durations. The Contractor shall promptly correct warranty deficiencies and coordinate required warranty service at no additional cost to the

County.

Within sixty (60) calendar days before the end of the one-year warranty period, the Contractor shall coordinate with the County to schedule a warranty inspection. The Contractor shall complete all warranty punch-list repairs before expiration of the warranty period and before release of retainage or warranty security. If corrective Work cannot be completed before expiration, the applicable warranty obligation and security shall remain in effect until the deficiency is corrected and accepted.

2.22.3 Final Completion Certification

The County will issue a Certificate of Final Completion after all Work and punch-list items are complete, all systems and equipment are accepted, all permits and approvals are closed, all final Record Drawings and closeout documents are accepted, the site is fully restored and cleaned, and all other Contract requirements are satisfied.

2.22.4 Final Progress Payment

The County will make final progress payment after completion and acceptance of the following:

1. Certificate of Final Completion.

2. Complete and accepted closeout documents and Record Drawings.

3. Final testing, commissioning, training, permit, and labor documentation.

4. Final releases, consent of surety, and resolution of claims and liens.

5. Demobilization, final cleanup, site restoration, and removal of temporary facilities.

2.22.5 Release of Retainage

The County will release retainage after Final Completion upon receipt of an acceptable one-year

Maintenance Bond or other warranty security required by the Contract. Proof may be provided through specific maintenance-bond language in the performance bond or a separate bond or letter acceptable to the

County. In the absence of acceptable warranty security, the County will hold retainage for the duration of the one-year warranty period. The County may allow a partial release of retainage at the Contractor's request and at the sole discretion of the County.

2.23 SPECIAL INSTRUCTIONS TO THE CONTRACTOR

1. Before submitting a bid, the Contractor shall visit the project site and become thoroughly familiar with existing visible conditions, access limitations, adjacent properties, utilities, environmental constraints, staging limitations, and the nature and extent of the Work. Submission of a Bid constitutes acknowledgment that the Contractor has performed the investigation reasonably necessary to prepare its lump-sum price.

2. The Contractor shall keep all operations, storage, parking, temporary facilities, and disturbance within the approved limits and locations. Use of other property requires prior written authorization. The

Contractor shall protect existing roads, pavements, drainage, utilities, buildings, trees, landscaping, and other property and shall restore damage caused by its operations to a condition equal to or better than the pre-construction condition.

3. The Contractor shall maintain the project site in a clean, orderly, safe, and sanitary condition; remove trash and construction debris regularly; prevent tracking of soil and debris onto public roadways; and legally dispose of excess, unsuitable, contaminated, or waste material at approved facilities. Final cleanup and restoration are incidental to the lump-sum Work.

4. The Contractor shall make all notifications required by the Contract Documents, permits, and utility owners and shall provide the County at least forty-eight (48) hours advance notice before beginning major stages of Work, scheduled shutdowns, tie-ins, traffic changes, or activities requiring County or third-party inspection, unless a longer notice period is required.

2.24 CHANGE ORDERS AND COST OR PRICE ANALYSIS

No change in the Work, Contract Price, or Contract Time is authorized unless approved in writing by the

County in accordance with the Contract Documents.

Before approval of a change, the Contractor shall submit a complete bid containing sufficient information for the County and MDOT MTA to perform a fair-and-reasonable cost or price analysis. The bid shall separately identify the following:

1. Labor classifications, hours, base wage rates, fringe benefits, payroll taxes, and labor burden.

2. Material descriptions, quantities, unit prices, supplier quotations, freight, taxes, and credits.

3. Equipment descriptions, ownership or rental status, operating hours, rates, and supporting rate documentation.

4. Subcontractor and supplier bids.

5. Field and home-office overhead.

6. Bond and insurance costs.

7. Proposed profit.

8. Credits for deleted or replaced Work.

9. Effect on the accepted CPM schedule, critical path, milestones, and Contract completion date.

10. Other supporting information requested by the County or MDOT MTA.

The Contractor shall provide invoices, quotations, payroll information, cost records, and other documents needed to establish that the proposed amount is fair and reasonable. A cost or price analysis is also required before the County exercises an option or approves a subcontract or procurement action when required by the Contract Documents or MDOT MTA.

The Contractor shall not proceed with changed Work before written authorization except when emergency protective action is expressly directed by the County. Performance of unauthorized Work is at the

Contractor's sole risk and does not entitle the Contractor to additional compensation or Contract Time.

3.0 SCOPE OF WORK

The Contractor shall not commence construction activities before receiving an official written NTP from the County. The procurement is for construction-only services. The County will furnish the permanent design through the Contract Documents, and the Contractor shall construct the Work without altering the design except through an approved written Contract modification.

The Scope of Work includes all work shown, specified, or reasonably inferable from the Contract

Documents and all coordination, scheduling, supervision, labor, project management, materials, equipment, tools, temporary work, surveying and stakeout, testing, inspections assigned to the Contractor, utility coordination, permits assigned to the Contractor, documentation, startup, commissioning, training, warranties, incidentals, and appurtenances necessary for a complete and operational project.

4.0 FEDERAL TRANSIT ADMINISTRATION AND MDOT MTA CONTRACT PROVISIONS

4.1 INCORPORATION, APPLICABILITY, AND FLOW-DOWN OF FEDERAL REQUIREMENTS

The provisions in this Section include Federal requirements applicable to this construction Contract. All applicable clauses required by Federal law, regulation, executive order, the FTA Master Agreement incorporated into the applicable award, the MDOT MTA grant agreement, and the Contract Documents are incorporated into the Contract.

The Contractor shall not perform any act, fail to perform any act, or refuse to comply with a County, MDOT

MTA, or FTA directive when such action or inaction would cause the County or MDOT MTA to violate an applicable Federal requirement or jeopardize Federal or State participation in the project.

The Contractor shall include the substance of each applicable Federal provision in every subcontract and lower-tier agreement when required. The Contractor is responsible for determining which provisions apply to each lower-tier agreement and for monitoring compliance by all subcontractors, suppliers, consultants, and vendors.

4.2 FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS

Before Contract award and throughout Contract performance, the Contractor certifies that it does not have an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner under an agreement with the authority…