SLED Opportunity · MARYLAND · CHARLES COUNTY GOVERNMENT

    Development Services Plan Review

    Issued by Charles County Government
    countyRFPCharles County GovernmentSol. 238203
    Closed
    STATUS
    Closed
    due Apr 21, 2026
    PUBLISHED
    Mar 16, 2026
    Posting date
    JURISDICTION
    Charles County
    county
    NAICS CODE
    541330
    AI-classified industry

    AI Summary

    Charles County Government seeks professional engineering firms for third-party plan review services to ensure compliance with development regulations and stormwater management standards. Conflict of interest management is required to maintain review integrity.

    Opportunity details

    Solicitation No.
    238203
    Type / RFx
    RFP
    Status
    open
    Level
    county
    Published Date
    March 16, 2026
    Due Date
    April 21, 2026
    NAICS Code
    541330AI guide
    Agency
    Charles County Government

    Description

    The County Commissioners of Charles County are seeking proposals from qualified professional engineering firms to perform third-party plan review services for Development Services Permits (DSPs), Conceptual Stormwater Management Plans (CSWMs), Site Stormwater Management Plans (SSWMs) and other various plan types. The purpose of these services is to ensure that all development projects submitted to the County comply with applicable state statutes, local ordinances, design standards, and engineering best practices. The Consultant will function as an extension of the County Engineer’s office, providing timely and professional technical review services to support efficient, accurate, and transparent permit processing.

    Offerors that perform private development engineering or related professional services within Charles County shall maintain and, upon request, submit a written Conflict of Interest Management Plan. Such plan shall describe procedures for project screening, personnel separation, information controls, and disclosure of active development clients. The County reserves the right, in its sole discretion, to determine whether proposed safeguards are adequate and to reject a proposal or require additional measures if deemed necessary to protect the integrity of the review process.

    The Offeror shall not perform plan review services under this Contract for any project in which the Contractor, its principals, employees, affiliates, or subcontractors:

    1. Have provided design, engineering, surveying, consulting, or other professional services related to the same project.
    2. Have a direct or indirect financial interest in the project; or
    3. Maintain a current contractual or financial relationship with the applicant for the specific project under review.

    The Offeror shall disclose in writing any actual, potential, or perceived conflict of interest immediately upon identification and prior to commencing review services. The County reserves the right to determine whether a conflict exists and may reassign the review or take other appropriate action.

    The Offeror shall maintain written internal policies and procedures to ensure independence, prevent conflicts of interest, and maintain strict separation between plan review services performed under this Contract and any private-sector services conducted within Charles County.

    Failure to comply with these requirements may result in reassignment of work, termination for default, or other remedies available to the County under the Contract.

    Background

    Charles County, Maryland is a growing community with a population of 160,000 and an annual growth rate between 1.5-2 percent. Third-party plan reviews are an important tool for Charles County as we seek to offer excellent customer service to the development and engineering community while ensuring the highest level of technical review for the benefit of our citizens. The ideal third-party reviewer would have strong technical expertise as well as excellent communication skills. Combined, these attributes would ensure an efficient review process and, to the extent possible, minimize the overall review timeline and/or number of overall reviews.

    Project Details

    • Reference ID: 26-032
    • Department: PGM - Infrastructure Management
    • Department Head: Andrew Balchin (Chief of Infrastructure Management)

    Important Dates

    • Pre-Proposal Meeting: 2026-03-25T18:00:00.000Z — Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified. Firms that register timely and via the County's eProcurement Portal RSVP Manager will receive participation instructions. The attendance roster will be published on the County's eProcurement Portal.

    Meetings & Milestones

    EventDateLocation
    Question Submission Deadline2026-04-02T20:30:00.000ZQuestions shall be submitted via the eProcurement Portal Question & Answer feature prior to the due date and time specified. The County will not provide responses to questions received after the deadline.
    Pre-Proposal Meeting Registration Deadline2026-03-24T12:00:00.000ZFirms must register in advance to attend the pre-proposal meeting via the County's eProcurement Portal RSVP Manager. Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified. Firms that have registered timely will receive participation instructions. If multiple attendees from your firm will be attending the meeting, please have each individual complete the eProcurement Portal RSVP Manager process.

    Addenda

    • Official Notice #1: Pre Proposal Meeting Minutes and Registered Attendees (released 2026-03-25T18:35:34.544Z)

    Evaluation Criteria

    • INSURANCE REQUIREMENTS

      1. The Contractor shall provide, at their expense with companies acceptable to the County, and pay premiums for the following insurance (only those selected are applicable):

      ApplicableProvisionDescription
            XCommercial Automobile

      Commercial automobile bodily injury and property damage insurance covering all vehicles whether owned, hired, or non-owned operated by/or on behalf of the Contractor in the performance of this contract with not less than the following units:

      i. Bodily Injury:          $1,000,000 per person

                                        $2,000,000 per occurrence

      ii. Property Damage: $500,000 per occurrence
            XWorker’s Compensation In compliance with Maryland Statutory Liability
            XCommercial General Liability Minimum limits of: $1,000,000 (combined personal injury and/or property damage) per occurrence subject to $2,000,000 aggregate.
            XEmployers Liability Insurance
      1. $500,000 each accident for injury
      2. $500,000 each employee, $500,000 aggregate for disease
       Umbrella excess liability insurance or excess liability insurance $5,000,000 each occurrence/ $5,000,000 aggregate
            XProfessional Liability Professional liability insurance to include Errors & Omissions coverage with a limit of not less than $1,000,000 per occurrence subject to $2,000,000 aggregate.
       Builder’s Risk Insurance

      The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, property insurance written on a builders’ risk “all risk” or equivalent policy form in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site on a replacement cost basis. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until final completion and acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured on such builder’s risk policy.

      This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire and physical loss or damage including, without duplication of coverage, property in transit, property stored on or off site, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary building and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss.

       Pollution Liability Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.
       Marine Liability Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.
       Environmental Insurance Includes pollution and use of chemicals in an amount not less than $2,000,000 per occurrence and $3,000,000 annual aggregate.
       Cyber Insurance Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.
       Installation Floater

      The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, installation floater insurance  for the installation of machinery and/or equipment into an existing structure, written on an “all risk”, replacement cost and completed value form basis in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until after final completion and 10 days after acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured/loss payee on such installation floater policy.

      This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance coverage to protect the interest of the County, Contractor, subcontractor(s), architects and engineers including property in transit, property stored on or off site which shall be part of the project.  The policy shall insure all work, labor and materials furnished by the Contractor and the Contractor’s subcontractors against loss occasioned by fire, lighting, windstorm, theft, vandalism, malicious mischief, collapse, earthquake, flood.  Policy shall include coverage for debris removal and reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss.

       

      2. Each such policy shall be from an insurance company licensed to do business in the State of Maryland and which has a policyholder’s rating of A or better and a financial size of X or larger from Best’s Key Rating Guide.

      3. The Contractor shall provide the County with Certificates of Insurance and supported by endorsement evidencing the coverage required by this solicitation prior to award of a contract. All Certificates shall reference the solicitation name and number and have an ending date that covers the entire contract term or extension period. The following certificates shall name “The County Commissioners of Charles County” (or other name as directed by the County) as an additional named insured:

      1. Commercial automobile bodily injury and property damage insurance
      2. Commercial General Liability
      3. Builder’s Risk
      4. Excess Umbrella Liability

      4. If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered because of such deductibles. Providing insurance as required herein does not relieve the Contractor of any responsibility or obligations ensuing as a result of the contract award, or for which the Contractor may be liable by law or otherwise. Proof of Insurance will be required and must be submitted prior to final execution of the Contract by Charles County Government. The Contractor shall be solely responsible for all work performed by subcontractors related to any contract awarded as a result of this solicitation, including but not limited to errors, omissions, and neglect.

      5. The providing of any insurance required herein does not relieve the successful Bidder of any of the responsibilities or obligations assumed by the Bidder in the Contract awarded or for which the Bidder may be liable by law or otherwise.

      6. Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the Contract and shall operate as an immediate termination thereof.

    • Technical Proposal Instructions

      At a minimum, each technical proposal shall include the following items in the stated order; all pages shall be numbered; using font size of eleven (11) point or larger, printable one sided on 8.5” x 11” size paper and all the listed components must be included. Do not provide references to other section/tabs, documents or websites for the information required; information should be specifically included in the RFP response. Technical proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

      Provide a Table of Contents with the specified tabs, page numbers, and content below for each tab.

    • Definitions

      Bid: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “quote”, etc.

      Bid Bond: The security to be furnished by the quoter/bidder/offeror as a guaranty of good faith to enter into a contract with the COUNTY for the proposed work if such work is awarded to them.

      Bidder: The person or persons, partnership, firm, or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “offeror”, etc.

      Commissioners: The County Commissioners of Charles County.

      County: The County Commissioners of Charles County, Maryland.

      Contract: The written agreement executed by the County Commissioners of Charles County and the successful quoter/bidder/offeror, covering the performance of the work and the furnishing of materials required for this project/service. The contract shall include conventional contract or award letter, instructions to quoters/bidders or request for proposals, quote/bid/proposal, general provision, special provisions, addenda, or written instructions pertaining to the method and manner for performing the work, and quoters/bidders/offerors quote/bid/proposal.

      Contingent Item: Any item listed on the plans or called for in the Special Provisions and included in the quote/bid/proposal merely for the purpose of obtaining a contract price in case it may be needed.

      Contracting Officer: The Director of the Using Department and includes a duly appointed successor or authorized representative.

      Contracting Authority: The County Commissioners of Charles County.

      Contractor: The person or persons, partnership, firm, or corporation who enters into a contract awarded to them by the COUNTY.

      Department: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.

      Days: Calendar Days

      Drawings: All drawings or reproductions there of pertaining to the work which are approved by the CONTRACTING OFFICER.

      Extra Work: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown by the drawings and/or specifications.

      General Provisions: All requirements and provisions contained in this document.

      Offeror: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “bidder”, etc.

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

      Payment Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.

      Performance Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing complete execution of the contract.

      Proposal: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “bid”, “quote”, etc.

      Quote: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “bid”, etc.

      Quoter: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the term’s “offeror”, “bidder”, etc.

      Special Provisions: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

      Specifications: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work to be performed and/or the quantity and quality of the work/materials to be furnished under the contract.

    • Original Proposal Instructions

      The original proposal shall be considered the items listed in this Section. All forms must be completed. signed, and submitted. Indicate "NA" on the form if it is "Not Applicable" and sign and date it. Original proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

    • Definitions

      Bid: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “quote”, etc.

      Bid Bond: The security to be furnished by the quoter/bidder/offeror as a guaranty of good faith to enter into a contract with the COUNTY for the proposed work if such work is awarded to them.

      Bidder: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “offeror”, etc.

      Commissioners: The County Commissioners of Charles County.

      County: The County Commissioners of Charles County, Maryland.

      Contract: The written agreement executed by the County Commissioners of Charles County and the successful quoter/bidder/offeror, covering the performance of the work and the furnishing of materials required in the construction of the project. The contract shall include conventional contract or award letter instructions to quoters/bidders or request for proposals, quote/bid/proposal, general provisions, special provisions, addenda, drawings, performance bond, extra work orders and any other written instructions pertaining to the method and manner of performing the work.

      Contingent Item: Any item listed on the plans or called for in the Special Provisions and included in the quote/bid/proposal merely for the purpose of obtaining a contract price in case it may be needed.

      Contracting Officer: The Director of the Using Department and includes a duly appointed successor or authorized representative.

      Contracting Authority: The County Commissioners of Charles County.

      Contractor: The person or persons, partnership, firm or corporation who enters into a contract awarded to them by the COUNTY.

      Department: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.

      Days: Calendar Days

      Drawings: All drawings or reproductions there of pertaining to the construction of the work which are approved by the CONTRACTING OFFICER.

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

      General Provisions: All requirements and provisions contained in this document.

      Offeror: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “bidder”, etc.

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

      Payment Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.

      Performance Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing complete execution of the contract.

      Proposal: Response submitted to this solicitation, and shall be synonymous with the terms “offer”, “bid”, “quote”, etc.

      Quote: Response submitted to this solicitation, and shall be synonymous with the terms “offer”, “proposal”, “bid”, etc.

      Quoter: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “offeror”, “bidder”, etc.

      Special Provisions: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

      Specifications: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work to be performed and/or the quantity and quality of the work/materials to be furnished under the contract.

    • Purpose and Background

      The County Commissioners of Charles County are seeking proposals from qualified professional engineering firms to perform third-party plan review services for Development Services Permits (DSPs), Conceptual Stormwater Management Plans (CSWMs), Site Stormwater Management Plans (SSWMs) and other various plan types. The purpose of these services is to ensure that all development projects submitted to the County comply with applicable state statutes, local ordinances, design standards, and engineering best practices. The Consultant will function as an extension of the County Engineer’s office, providing timely and professional technical review services to support efficient, accurate, and transparent permit processing.

    • Definitions

      The term COUNTY, as used herein, refers to the COUNTY COMMISSIONERS OF CHARLES COUNTY, MARYLAND, hereinafter called the COUNTY, represented by the CONTRACTING OFFICER, the Director of the Using Department, or their designated representative who is authorized to act for the COUNTY.

    • Responsiveness Review

      The County will review the proposal for minimum responsiveness criteria. Proposals that do not meet the minimum responsiveness criteria may be rejected as non-responsive, at the sole option of the County. Any deficiencies will be reviewed and determined by the Chief of Purchasing.

    • Base Proposal Item A1 - Development Services Permit (DSP) Review (Up to 3 reviews, estimated cost $100,000.00)

      The Consultant shall provide comprehensive engineering review of permits issued to authorize work on land development to include grading, stormwater conveyance, roads, water, sewer, and floodplain management.

      Payment: The County will calculate and pay for this item at the percentage of total project construction cost specified for Base Proposal Item A1. This unit cost shall include all profit, overhead, equipment, transportation cost, etc. needed to satisfactorily complete the assigned projects .  

    • Prevailing Wage

      § 228-1

      ARTICLE I

      Prevailing Wage Requirements [Adopted 12-3-2008 by Bill No. 2008-201]

      Revised 9-27-2023

       

      § 228-1. Definitions.

      In this article, the following words have the meanings indicated:

      APPRENTICE — An individual who:

      1. Is at least 18 years old;
      2. Has signed an agreement with an employer or employer's agent, an association of employers, an organization of employees, or a joint committee, that includes a statement of:
        1. The trade, craft, or occupation that the individual is learning; and
        2. The beginning and ending dates of the apprenticeship; and
      3. Is registered in a program of a Council or Bureau of Apprenticeship and Training of the United States Department of Labor.

      CONSTRUCTION —

      1. The process of building, altering, repairing, improving, rehabbing or demolishing any structure or building, or other structural improvements of any kind to any real property, including routine operation, repair, and mechanical systems service contract for maintenance of existing structures, buildings, or real property.

      COUNTY FINANCED CONSTRUCTION CONTRACT — A contract for construction work that is awarded by the County or where County funds are used to finance all or part of the cost of the contract.

      COUNTY FUNDS — Any funds directly appropriated by the County.

      EMPLOYEE — An apprentice or worker employed by a contractor or subcontractor on a County financed construction contract.

      MECHANICAL SYSTEMS SERVICE CONTRACT - a contract for service of the following systems:

      1. HVAC systems, including heating, ventilation, and cooling/air conditioning equipment;
      2. Refrigeration systems;
      3. Plumbing systems, including pipes, tanks, fittings, and other elements that control the water and gas supply, heating, and sanitation of a building;
      4. Electrical systems, including any electrical power and overhead and underground lines, poles, transformers, and other related equipment; or
      5. Elevator systems, including escalators, moving walkways, and other related conveyances.

      PREVAILING WAGE — The hourly wage rate set by the State Commissioner of Labor and Industry for state-funded construction contracts in the County.

      PUBLIC ENTITY —

      1. The federal government;
      2. A state government and any of its agencies;
      3. Any political subdivision of a state government and any of its agencies;
      4. Any Board, Commission, or Committee established by federal, state, or local law;
      5. Any organization or association of the federal government, state governments, or political subdivisions of state governments; and
      6. Any other entity that is:

      -----------------------------------------------------------------------------------------------------------------------------------------------------------------

        1. Editor's Note: This bill was adopted as Ch. 299 but was redesignated in order to maintain the organizational structure of the Code.

       

        1. Qualified as a nontaxable corporation under the United States Internal Revenue Code, as amended; and
        2. Incorporated by an entity under Subsections A through E for the exclusive purpose of supporting or benefitting an entity under Subsections A through E.

      WORKER — Laborer or mechanic.

      § 228-2. Exclusions.

      This article does not apply to a County-financed construction contract:

      1. Of less than $500,000;
      2. That is subject to a federal or state prevailing wage law;
      3. With a public entity;
      4. To the extent that the contractor is expressly precluded from complying with this article by the terms of any federal or state law, contract, or grant.
      5. This article applies to a mechanical systems service contract with a contract value in excess of the threshold amount codified at 41 U.S.C. 6702(A)(2), The McNamara-O’Hara Service Contract Act Of 1965, as amended. notwithstanding the foregoing, this subsection does not apply to the renewal or extension of a mechanical systems service contract with an original contract date prior to the effective date of subsection E.

      § 228-3. Payment of prevailing wage.

      Any contractor and subcontractor that performs direct and measurable construction work on a County-financed construction contract must pay each employee at a rate equal to or more than the prevailing wage currently in effect for the type of work performed.

      § 228-4. Prevailing wage.

      1. Basic rate. The prevailing wage rate is the prevailing wage rate established annually by the Commissioner of Labor and Industry for state financed construction work performed in the County by an employee who performs direct and measurable work.
      2. Overtime rate. A contractor or subcontractor must pay an employee at a rate equal to or more than the prevailing wage rate for overtime for the type of work performed for each hour that the employee performs direct and measurable work:
        1. More than 10 hours in any single calendar day;
        2. More than 40 hours in a workweek; or
        3. On a Sunday or a legal holiday.
      3. Deductions. A contractor or subcontractor may only make fair and reasonable deductions that are:
        1. Required by law;
        2. Authorized in a written agreement between an employee and an employer signed at the beginning of employment that:
          1. Concern food, sleeping quarters, or similar items; and
          2. Is submitted by the employer to the Chief Administrative Officer or a designee; or
        3. Required or allowed by a collective bargaining agreement between a bona fide labor organization and a contractor or subcontractor.
      4. Apprentices. Each apprentice must be paid at least the rate that the state's Apprenticeship and Training Council sets for an apprentice in the trade involved, based on a percentage of the prevailing wage rate in that trade.

      § 228-5. Contract requirements.

      Each contract covered by this article must:

      1. State the requirement that contractor and subcontractor to comply with this article;
      2. Specify that an aggrieved employee, as a third-party beneficiary, may by civil action recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney's fee; and
      3. Comply with the requirements concerning minority business enterprises as set forth in Resolution Number 2005-53.

      § 228-6. Misclassification of employees.

      A contractor or subcontractor must not split or subdivide a contract, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor to avoid any requirement of this article.

      § 228-7. Helper and trainee restrictions.

      A contractor or subcontractor must not employ any individual classified as a helper or trainee to perform direct and measurable work on a contract covered by this article.

      § 228-8. Posting requirements.

      Each contractor and subcontractor must post a clearly legible statement of each prevailing wage rate in a prominent and easily accessible place at the work site during the entire time work is being performed in English and any other language that is primarily spoken by the employees at the work site.

      § 228-9. Payroll records.

      1. Each contractor and subcontractor must submit a complete copy of its payroll records for construction work performed on a contract covered by this article to the Director of Fiscal and Administrative Services or designee quarterly on January 15, April 15, July 15, and October 15.
      2. The payroll records must contain a statement signed by the contractor or subcontractor certifying that:
        1. The payroll records are correct:
        2. The wage rates paid are not less than those required by this article; and
        3. The rate of pay and classification for each employee accurately reflects the work the employee performed.
      3. Each payroll record must include:
        1. The name, address, and telephone number of the contractor or subcontractor;
        2. The name and location of the job; and
        3. Each employee's:
          1. Name;
          2. Current address, unless previously reported;
          3. Specific work classification;
          4. Daily straight time and overtime hours;
          5. Total straight time and overtime hours for the payroll period;
          6. Rate of pay;
          7. Fringe benefits by type and amount; and
          8. Gross wages.
      4. Each contractor or subcontractor must:
        1. Keep payroll records covering construction work performed on a contract covered by this article for not less than five years after the work is completed; and
        2. Subject to reasonable notice, permit the Director of Fiscal and Administrative Services or a designee to inspect the payroll records at any reasonable time and as often as necessary.
      5. The Director of Fiscal and Administrative Services or a designee must make payroll records obtained from contractors or subcontractors under this article available for public inspection during regular business hours for five years after the Director of Fiscal and Administrative Services receives the records.

      § 228-10. Enforcement.

      1. The Director of Fiscal and Administrative Services or a designee may perform random or regular audits and investigate any complaint of a violation of this article.
      2. A contractor or subcontractor must not discharge or otherwise retaliate against an employee for asserting any right under this article or for filing a complaint of a violation.
      3. Each contract subject to this article may specify the payment of liquidated damages to the County by the contractor for any noncompliance with this article.
      4. Each contractor is jointly and severally liable for noncompliance with this article by a subcontractor.
      5. If a contractor or subcontractor is late in submitting copies of any payroll record required to be submitted under this article, the County may deem invoices unacceptable until the contractor or subcontractor provides the required records, and may postpone processing payments due under the contract or under an agreement to finance the contract.

      § 228-11. Report.

      The Director of Fiscal and Administrative Services must report annually to the County Commissioners on the operation of and compliance with this article.

    • Award of Contract

      The County intends to award this solicitation on the basis of a combination of the evaluation of the Offerors’ experience and qualifications, as well as the proposed price (Total Base Proposal). Award will not be based upon cost alone, and this solicitation does not commit the County to award a contract or to award to that firm which has submitted the lowest fee. The evaluation criteria may include: the Offeror’s demonstration of their understanding of the work to be performed, past experience, technical ability, other resources, qualifications of personnel, results of reference checks, and record of similar work performed satisfactorily. In addition, the County reserves the right to accept any proposal either in part or in its entirety. 

      At any time, the County may request an offeror to provide additional items such as: additional information, clarification, references, interviews/presentations, and any other documentation needed to assist the County in the award selection process. Failure of an offeror to furnish requested information may constitute grounds for determining an offeror as non-responsive at the sole option of the County. Any contract awarded is contingent upon completion of the protest period.

      The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

    • Proposal Submission Conditions

      Charles County Government is accepting electronic proposal submissions. Offerors shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, click on "Draft Response" and follow the instructions to submit the electronic proposal via the County's eProcurement Portal

      Proposals shall be submitted by the date and time specified. Late proposals will not be accepted. Submission, modification, or withdrawal of proposals after the due date/time will not be considered. 

      It is the Offerors’ sole responsibility to ensure that proposals are delivered via County's eProcurement Portal. Offerors shall give yourself adequate time to submit a response. Any technical difficulties or uncertainty with the submittal process will not be cause for accepting a response that was not submitted timely. The County is only accepting electronic submittals. Delivery methods by courier, in-person hand delivered, United States Postal Service, United Parcel Service or Federal Express, and other methods of delivery shall not be accepted. Any proposals not received timely will not be considered.

      Proposals shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. An Offeror may submit only (1) proposal in response to this RFP. Offerors shall monitor the County's eProcurement Portal for schedule changes issued via addendum.

    • Definitions

      Bid/Proposal/Quote: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “quote”, etc.

      Bid Bond: The security to be furnished by the quoter/bidder/offeror as a guaranty of good faith to enter into a contract with the COUNTY for the proposed work if such work is awarded to them.

      Bidder:/Offeror/Quoter The person or persons, partnership, firm, or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “offeror”, etc.

      Commissioners: The County Commissioners of Charles County.

      County: The County Commissioners of Charles County, Maryland.

      Contract: The written agreement executed by the County Commissioners of Charles County and the successful quoter/bidder/offeror, covering the performance of the work and the furnishing of materials required for this project/service. The contract shall include conventional contract or award letter, instructions to quoters/bidders or request for proposals, quote/bid/proposal, general provision, special provisions, addenda, or written instructions pertaining to the method and manner for performing the work, and quoters/bidders/offerors quote/bid/proposal.

      Contingent Item: Any item listed on the plans or called for in the Special Provisions and included in the quote/bid/proposal merely for the purpose of obtaining a contract price in case it may be needed.

      Contracting Officer: The Director of the Using Department and includes a duly appointed successor or authorized representative.

      Contracting Authority: The County Commissioners of Charles County.

      Contractor: The person or persons, partnership, firm, or corporation who enters into a contract awarded to them by the COUNTY.

      Department: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.

      Days: Calendar Days

      Drawings: All drawings or reproductions there of pertaining to the work which are approved by the CONTRACTING OFFICER.

      Extra Work: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown by the drawings and/or specifications.

      General Provisions: All requirements and provisions contained in this document.

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

      Payment Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.

      Performance Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing complete execution of the contract.

      Special Provisions: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

      Specifications: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work to be performed and/or the quantity and quality of the work/materials to be furnished under the contract.

    • Term of Contract

      The Contractor(s) selected shall provide the services and all requirements contained herein for a base period commencing on the date of contract execution, after expiration of the award protest period, unless notified otherwise by the County in writing and end June 30, 2027, with four (4) optional 1-year renewals at the sole option of the County. Each 1-year renewal shall commence on July 1 and end on June 30 of the following calendar year.

      This contract shall be automatically renewed unless notice of nonrenewal shall be made to the Contractor by Charles County Government or to Charles County Government by the Contractor at least forty-five (45) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed, contract begin date, or otherwise indicated by Charles County Government.

    • Indemnification Clause

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

    • Base Proposal Item A2 - Principal Engineer

      Item A2 shall cover services provided by an individual meeting the following minimum qualifications:

      • A minimum of eight (8) years of professional engineering and management experience.

      • Demonstrated senior project management experience.

      • Current registration as a Professional Engineer in the State of Maryland.

      The Contractor shall provide a Professional Engineer licensed in the State of Maryland to be responsible for and oversee the plan review services in accordance with applicable state licensing laws. The responsible Professional Engineer shall attest that all review comments were prepared by, or reviewed under the direct supervision of, the Professional Engineer. Upon request, the Contractor shall provide evidence of the individual’s valid Professional Engineer registration in the State of Maryland.

      Plan review services may include, but are not limited to, the following:

      • Major Plat Review

      • Minor Plat Review

      • Preliminary Subdivision Plan (PSP) Review

      • Site Development Plan Review

      • Concept/Site Stormwater Review

      • Specialty Review

      Method of Measurement and Basis of Payment

      The County will compensate the Contractor for this item at the hourly unit price specified for the Principal Engineer pay item. The unit price shall include all costs necessary to perform the services, including but not limited to profit, overhead, equipment, and transportation

    • Tab 1 - Transmittal Letter

      The Transmittal Letter stating the Offeror is or will be licensed to do business as an engineering firm in the State of Maryland prior to contract award, and that the Offeror has complied with and takes no exceptions to all requirements of the RFP. The Transmittal Letter must be signed by the company official authorized to enter into binding contracts. Any information identified as “Confidential” shall be noted by reference and appended to the Transmittal Letter. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Section 6.13– Public Information Act/Confidentiality Notice. Transmittal letter must state that the proposal is valid for one hundred twenty (120) days from the due date for proposals.

    • Cost Proposal Form

      Proposal pricing shall be submitted on the Cost Proposal Form. All cost columns of the table shall be fully completed to be able to submit a proposal response. All pricing shall be rounded to the nearest whole cent (e.g. $.01). There shall be no hidden costs. Prices shall include all profit, overhead, equipment, transportation cost, etc. An Offeror may only submit one (1) Cost Proposal Form in response to this solicitation. Each item on the form shall contain only one value. “Or Equal” items, if applicable, shall be noted on the Cost Proposal Form.

      4.2.A Itemized Price List

      Offerors shall submit the Itemized Price List fully completed and signed by the official certified to legally bind the Offeror.

    • Indemnification Clause

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

    • Indemnification Clause

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

    • General Description of Services

      Provide services to review construction plans to assure compliance with all applicable Federal and State codes and guidelines, as well as County ordinances, policies and procedures, plan preparation package, manuals, notices, details, specifications, acceptable engineering practices, applicable design standards, approved preliminary plan & associated conditions, approved site plan & associated conditions etc. pertaining to all or part of the following current regulations and design standards.

      1. Civil Site Plan Review – Evaluate grading, drainage, utilities, and site layout for compliance with County standards.
      2. Stormwater Management Review – Verify hydrologic and hydraulic calculations, detention/retention design, outfall structures, and erosion control measures.
      3. Erosion and Sediment Control Review – Confirm temporary and permanent measures meet state and County requirements.
      4. Utility Review – Assess public and private utility layouts, connections, easements, and service provisions for compliance and constructability.
      5. Traffic and Access Review – Evaluate access design, internal circulation, and compliance with County roadway standards.
      6. Environmental and Floodplain Review – Verify compliance with applicable floodplain management, watershed protection, and environmental permitting requirements.
      7. Plan Coordination – Coordinate reviews with County departments and external agencies as required.
      8. Comment Documentation – Prepare clear, concise, and technically justified written comments identifying deficiencies and required corrections.
      9. Resubmittal Reviews – Review applicant responses and revised plans until all deficiencies are resolved.
      10. Meetings and Communication – Participate in meetings or conference calls with County staff and applicants, as requested, to clarify review comments and facilitate project approvals.
    • Evaluation Criteria

      Proposal evaluation will include, but is not limited to, the following:

      Item #Evaluation Criteria DescriptionPoints
      1

      Project understanding, plan, and approach:

      A. Plan & approach.

      B. Obstacles and strategy to avoid/limit them.

      C. Documented ability to complete reviews on time and within three (3) rounds.

      25
      2

      Firm experience including, but not limited to:

      A. Company experience providing similar products/services.

      B. Samples of previous work.

      C. Proven ability to communicate effectively with staff and applicants to define and address issues.

      25
      3

      Key staff:

      A. Resumes of key staff demonstrating specialized experience in managing products/services of similar scope.

      10
      4Price40
      5Total100
    • Indemnification Clause

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

    • Solicitation Events
      1. Pre-Proposal Meeting Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified. Firms that have registered timely will receive participation instructions.
      2. Pre-Proposal Meeting: Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified. Firms that registered timely will receive participation instructions. Refer to the Timeline section for date, time, and location, participation, and registration requirements. The attendance roster will be published on the County's eProcurement Portal
      3. Last Day for Questions: The County will not provide responses to questions received after the deadline to submit questions specified in the Timeline section.
      4. Proposal Submission Deadline: Refer to the Timeline section for the date and time proposals must be received by. Offerors must have an account or create a FREE account with OpenGov Procurement to submit a proposal.
    • Pricing Adjustment for Extension Years

      Unit prices under the resulting Contract shall remain firm through the base term. Thereafter, pricing shall be adjusted at the beginning of each succeeding year and/or Contract renewal period at the written request of the Contractor to the Chief of Purchasing. Pricing shall be adjusted by the percentage change in the Consumer Price Index (CPI) from the previous year. For purposes of this agreement, the CPI is defined as the Consumer Price Index for All Urban Consumers, All Items, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each subsequent year of the Contract shall be the last published percentage change in the CPI (for the previous 12 months) either on, or prior to, the anniversary date of the Contract. Price adjustments shall take effect upon written approval by the County.

    • Governing Law

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

    • Offeror Certification of Acceptance

      By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFP or any Appendices is made part of this solicitation package.

    • Base Proposal Item A3 - Project Engineer

      Item A3 shall cover services provided by an individual meeting the following minimum qualifications:

      • A minimum of five (5) years of professional engineering experience.

      • Demonstrated experience supporting engineering project management and plan review activities.

      • Current registration as a Professional Engineer in the State of Maryland, or the ability to obtain Maryland licensure within a reasonable period as approved by the County.

      The Contractor shall provide a qualified individual to assist with engineering and plan review services under the direction of the responsible Professional Engineer. Work performed under this item shall be conducted in accordance with applicable state licensing laws and under the supervision of a Professional Engineer licensed in the State of Maryland.

      Plan review services may include, but are not limited to, the following:

      • Major Plat Review

      • Minor Plat Review

      • Preliminary Subdivision Plan (PSP) Review

      • Site Development Plan Review

      • Concept/Site Stormwater Review

      • Specialty Review

      Method of Measurement and Basis of Payment

      The County will compensate the Contractor for this item at the hourly unit price specified for the Project Engineer pay item. The unit price shall include all costs necessary to perform the services, including but not limited to profit, overhead, equipment, and transportation.

    • Package Review - Construction Plan Assembly Package

      Item#

      Title

      8.3.1        

      Charles County Grading & Sediment Control Ordinance

      8.3.2        

      Charles County Road Ordinance

      8.3.3        

      Charles County Water and Sewer Ordinance

      8.3.4        

      Charles County Floodplain Management Ordinance

      8.3.5        

      Charles County Storm Drainage Ordinance

      8.3.6        

      Charles County Subdivision Regulations

      8.3.7        

      Charles County Zoning Regulations

      8.3.8        

      Charles County Standards and Specifications for Construction Manual

      8.3.9        

      Charles County Standard Detail Manual

      8.3.10    

      Charles County Plan Preparation Package

      8.3.11    

      State of Maryland Highway Drainage Manual Design Guidelines

      8.3.12    

      State of Maryland Book of Standards for Highway & Incidental Structures

      8.3.13    

      AASHTO A Policy on Geometric Design of Highways and Streets

      8.3.14    

      Federal Highway Administration Manual on Uniform Traffic Control Devices

      8.3.15    

      State of Maryland Highway Administration’s Traffic Control Devices Design Manual

      8.3.16    

      AASHTO Guide for Design of Pavement Structures, Asphalt Institute Thickness Design Manual

      8.3.17    

      MDE Design guidelines for Wastewater Facilities

      8.3.18    

      Recommended Standards for Wastewater Facilities (10-State Standards)

      8.3.19    

      Recommended Standards for Water Works (10-State Standards)

      8.3.20    

      Any manual, code, computer output or other literature referenced in any of the above or as provided by Charles County

      8.3.21    

      Acceptable engineering practices

    • Governing Law

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

    • Governing Law

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

    • SLBE Program Preference

      Additionally, this RFP is subject to the Small Local Business Enterprise (SLBE) Program as described herein. Registered SLBE Program Offerors will be provided preferential points assuming the Offeror’s proposal is found to be responsive, responsible, and the Offeror is eligible for award meeting all other award provisions. An additional ten (10) points will be granted to a registered SLBE prime on top of the Proposal evaluation score. Non-SLBE Offerors utilizing a registered SLBE Program business as a sub-Contractor will receive additional points, prorated based upon the percentage of the value of the services to be provided by the SLBE (i.e., SLBE sub-Contractor participation of 50 percent would be awarded an additional five (5) points on top of the Proposal’s evaluation score).

    • Tab 2 - Standard Form (SF) 330

      Offerors proposals shall be submitted on Standard Form 330. Offerors shall demonstrate the following:

      A. Offerors shall provide a company overview and experience offering similar services as specified in these Special Provisions.

      B. Offerors shall include, at a minimum, information regarding the following:

        1. Firm ownership, background information, and organizational structure.
        2. Firm’s experience managing contracts that are similar in magnitude and scope.
        3. Previous experience with providing third party plan review services specified in Section 8.0 - Special Provisions.
        4. Ability and flexibility to provide personnel, services, and resources to conduct quality work without delay.
        5. Offerors shall demonstrate at least five (5) years of experience and provide project summaries for five (5) representative projects completed over the past ten (10) years. Experience of subconsultants may not be used as experience of the Prime Consultant. 
    • Governing Law

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

    • Vendor Disclosure Form

      This form shall be completed in legible ink or typewritten and signed.

    • Payment of Taxes

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

    • Review Services

      Review services shall be provided to include the following:

      Item#

      Title

      8.4.1        

      Review of construction plans

      8.4.2        

      Review of preliminary plans for engineering purposes based on the

      Subdivision Regulations (See Appendix A of Subdivision Regulations –

      “Basic Information Required with Subdivision Applications” and/or

      other listed items as determined by Charles County)

      8.4.3        

      Review of site plans for engineering purposes based on the Zoning

      Regulations (See Appendix A of Zoning Regulations – “Information

      Required with applications for Master Plans, General Development

      Plans and Site Plans” and/or other listed items as determined by

      Charles County

      8.4.4        

      Review road names as approved by the 911 Addressing Office

      8.4.5        

      Review of plats associated with construction plans

      8.4.6        

      Review of shop drawings

      8.4.7        

      Review of operation & maintenance (O&M) manuals

      8.4.8        

      Review of design revisions

      8.4.9        

      Review of construction revisions to "issued permits"

      8.4.10    

      Conformity review for unissued projects due to code or policy changes

      8.4.11    

      Review reports

      8.4.12    

      Review all design calculations including but not limited to storm drainage, floodplains, hydraulic, hydrology, etc.

      8.4.13    

      Review studies

      8.4.14    

      Pump station and forcemain design and calculations

      8.4.15    

      Mechanical, Electrical, Instrumentation & Controls design

      8.4.16    

      Structural design and calculations

      8.4.17    

      Bridge design and calculations

      8.4.18    

      Scour analysis

      8.4.19    

      Floodplain calculations

      8.4.20    

      Waste water treatment plants

      8.4.21    

      Water towers

      8.4.22

      Review of any letter, correspondence, paper, manual, writing or document associated with the design or construction of all projects to assure compliance.

      8.4.23

      Traffic studies, signal design and/or plans

      8.4.24

      Geotechnical review such as retaining walls, paving analysis and/or design, etc.

      8.4.25

      Review of as-built plans at the discretion of the County

      8.4.26

      Review of plats not associated with construction plans

      8.4.27

      Review of conceptual, site development, and final stormwater management plans

      8.4.28

      Review of Development Services Permits

    • Payment of Taxes

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

    • Incurring Costs

      The County is not liable for any costs incurred by the Offeror prior to full execution of the contract.

    • Tab 3 - Staff Experience

      List of all applicable staff including their individual certifications, licenses, and experience.

    • Bid Bond

      A number percent (#%) Bid Bond from a surety licensed to do business in the State of Maryland and satisfactory to the County shall accompany the proposal or the proposal will not be considered. The County may accept certified check, or bank Cashier’s/Treasurer’s Check if submitted to the Purchasing Division office prior to the due date and time for proposals in a sealed envelope specifying the name of the offeror and solicitation number on the front of the sealed package. Certified checks or bank Cashier’s/Treasurer’s Check shall be submitted as follows:

      Purchasing Representative –  Bid Bond

      Charles County Government

      Purchasing Division – Room B130

      200 Baltimore Street

      La Plata, MD 20646

      Bid Bonds shall have the accompanying Power of Attorney. Bid securities shall be returned promptly after the County and the selected Offeror have executed the contract, or, if no Offeror’s proposal has been selected within one hundred-twenty (120) consecutive calendar days after the date of the opening of proposals, upon the demand of the Offeror at any time thereafter, as long as the Offeror has not been notified of acceptance of his proposal. The Offeror, to whom the contract shall have been awarded, shall be required to execute the contract in accordance with the terms and conditions herein. If the Offeror selected for award fails or refuses to execute the contract and/or fully comply with requirements of this solicitation their bid security shall be forfeit to the County as liquidated damages in accordance with the terms and conditions contained herein.

    • Base Proposal Item A4 - Engineer Technician

      Item A4 shall cover services provided by an individual meeting the following minimum qualifications:

      • Education or training in civil engineering, engineering technology, or a related field.

      • Engineer-in-Training (EIT) certification is preferred.

      • Experience providing technical engineering support, plan review assistance, or related duties.

      Individuals under this labor category may assist with engineering and plan review support services under the responsible charge and direct supervision of a Professional Engineer licensed in the State of Maryland. Personnel under this category shall not perform independent plan reviews unless they meet the minimum qualifications established for plan review personnel as specified elsewhere in this solicitation.

      Engineering support services may include, but are not limited to:

      • Assisting with Major Plat Review

      • Assisting with Minor Plat Review

      • Supporting Preliminary Subdivision Plan (PS) Review

      • Supporting Site Development Plan Review

      • Supporting Concept/Site Stormwater Review

      • Preparing review comments and documentation for review by the responsible Professional Engineer

      • Tracking and compiling plan review comments and maintaining review documentation

      Method of Measurement and Basis of Payment

      The County will compensate the Contractor for this item at the hourly unit price specified for the Engineering Technician / Engineer-in-Training pay item. The unit price shall include all costs necessary to perform the services, including but not limited to profit, overhead, equipment, and transportation.

    • Quantity Contracts Awarded

      The County may make award to more than one firm. The County may award to one or multiple offeror(s). The contract(s) entered into with the successful offeror(s) shall meet all standard provisions required by the County. 

      The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Where two or more Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture.

    • Payment of Taxes

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

    • Responsibility of the Consultant

      A. The CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in their design, drawings, specifications, and other services.

      B. Neither the COUNTY'S review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the COUNTY in accordance with applicable law for all damages to the COUNTY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract.

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

    • Changes

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

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

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

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

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

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

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

      C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications. 

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

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

    • Additions/Modifications to Solicitation Forms

      Modifications of or additions to the Cost Proposal Form or any other County form may be cause for rejection of the proposal, however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a proposal as nonresponsive. As a precondition to proposal acceptance, the County may, in its sole discretion, request that the Offeror withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

    • Tab 4 - Firm Experience

      Offerors shall be required to complete and submit the Reference Form, included herewith. A qualified Offeror must have requisite experience for plan review services as described in Section 8 -Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than five (5) years at the time of bidding. Offerors shall demonstrate their experience as described herein and in Section 8 - Special Provisions on the Reference Form. Offerors shall provide no less than five (5) projects completed within the past ten (10) years as specified below. All blank spaces of the form shall be fully completed in legible ink or typewritten.

    • Specifications and Drawings

      The CONTRACTOR shall keep on the work site a copy of the drawings and specifications and shall at all times give the CONTRACTING OFFICER access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the matter shall be promptly submitted to the CONTRACTING OFFICER, who shall promptly make a determination in writing. Any adjustment by the CONTRACTOR without such a determination shall be at its own risk and expense. The CONTRACTING OFFICER shall furnish from time to time such detailed drawings and other information as they may consider necessary, unless otherwise provided.

    • Experience Form

      Offeror shall be required to complete and submit the County provided Experience Form. A qualified Offeror must have requisite experience for the work as described in the Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than number (#) years at the due date for quote/bid/proposal. Offerors shall demonstrate their experience on the Experience Form. Offerors shall provide no less than number (#) projects completed within the past number (#) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten.

      Experience shall be that of the prime contractor unless otherwise specified. Experience of subcontractors may not be used as experience of the prime. The County shall accept experience of subcontractor only in those areas specified otherwise, if applicable. 

      As applicable: On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each Offeror is solely responsible for providing any and/or all information/documents demonstrating completion and/or requested by the County in order to confirm the validity of references provided.

      1. A minimum of number (#) completed representative projects that demonstrate the Offeror's experience in all of the following areas:
        1. TBD
        2. TBD
        3. TBD
    • Deliverables
      1. Written Review Comments in EnerGov or other permitting software currently utilized by CCG. Comments should summarize review findings and recommendations, listing each comment in numbered format and referencing applicable standards or ordinances.
      2. Marked-Up Plans (Bluebeam Format) – A complete set of the reviewed plans, digitally annotated with comment numbers and notes that correlate directly with the written review memo.
      3. Discipline-Specific Checklists – Completed checklists indicating compliance status (“Compliant,” “Non-Compliant,” or “Not Applicable”) by category or discipline.
      4. Approval Recommendation Summary – A concise summary recommending “Approved,” “Approved with Conditions,” or “Revisions Required,” with justification.
      5. Resubmittal Review Documentation – Updated comment logs showing the resolution status of each item (Resolved, Outstanding, or Withdrawn) for all subsequent submittals.
      6. All deliverables shall be submitted electronically in County-approved formats. Markups shall be made using County-approved Bluebeam software to ensure annotation compatibility and traceability. 
    • Changes

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

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

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

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

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

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

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

      C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications. 

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

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

    • Contract Execution

      The successful Offeror to whom the contract shall have been awarded shall be required to execute the County contract (or as authorized by the County) and shall furnish all requirements due at contract execution, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.

    • Changes

      A. The COUNTY may, at any time, by written order, make changes within the general scope of the contract in the services to be performed. If such changes cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this contract, whether or not changed by any order, an equitable adjustment shall be made, and the contract shall be modified in writing accordingly. Any claim of the CONSULTANT for adjustment under this Article must be asserted in writing within thirty (30) days from the date of receipt by the CONSULTANT of the notification of change unless the COUNTY grants a further period of time before the date of final payment under this contract. 

      B. The CONSULTANT shall provide no services for which an additional cost or fee will be charged without prior written authorization by the COUNTY.

      C. Additional Costs:

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

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

      (2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONSULTANT and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONSULTANT for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONSULTANT pursuant to Federal or State statutes, when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

      D. Reduced Costs:

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

    • Evaluation

      Offerors’ proposals will be evaluated by an evaluation committee who will evaluate and score the proposals in accordance with the criteria specified above. The County reserves the right to conduct the evaluation in any manner considered in the best interest of the County. The County may utilize any information obtained as a result of reference checks, proposal clarification or additional information requests, offeror negotiations or any other means deemed necessary at the sole discretion of the County to identify the proposal that best meets the County’s needs.

    • Reference Form

      Offeror shall be required to complete and submit the County provided Reference Form. A qualified Offeror must have requisite experience for the work as described in the Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than five (5) years at the due date for quote/bid/proposal. Offerors shall demonstrate their experience on the Reference Form. Offerors shall provide no less than three (3) projects completed within the past five (5) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten. 

      Experience shall be that of the prime contractor unless otherwise specified. Experience of subcontractors may not be used as experience of the prime. The County shall accept experience of subcontractor only in those areas specified otherwise, if applicable. 

      As applicable: On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each Offeror is solely responsible for providing any and/or all information/documents demonstrating completion and/or requested by the County in order to confirm the validity of references provided.

      1. A minimum of three (3) completed representative projects that demonstrate the Offeror's experience in all of the following areas:
        1. Plan review services
    • Alternate Offers

      Offerors must bid only one (1) product and one (1) price per proposal item even though they feel they can offer more than one item that will meet the specifications. Offeror must determine for themselves which to offer. If an Offeror submits more than one (1) product and/or more than one (1) price for a given proposal item or items, it may be cause for the proposal items or items being bid upon to be considered non-responsive and rejected. 

    • Tab 5 - Additional Information

      Other information you think is important for consideration in the evaluation of proposals.

    • Accessibility

      Plan Reviewers are to be accessible during all normal business hours to attend meetings and/or answer questions concerning the comments generated as part of the review of construction plans, associated plats and any other documents submitted as part of the permit process. Plan Reviewers shall respond to questions and inquires in a timely manner consistent with County policies and procedures. Typically a response or acknowledgement is expected within one to two business days. If requested, the Reviewers shall attend a Quarterly meeting at the Charles County Government Building or location determined by the County.

      Normal hours of operation will be 8:00am to 4:30p.m., Monday through Friday. The Contractor must be available during these normal hours of operation for inquiries (phone and email) from Permit Holders, County Staff and Inspection Staff.  The Contractor is not obligated to adhere to the established County holidays. As part of the proposal a list of the holidays the Contracted agency plans to observe shall be included in the contract proposal.  The Contractor can choose at no additional cost to the county to work additional hours beyond the normal hours of operation.    

    • Contract Documents

      All work under this project shall be in accordance with the contract documents. The Contract documents for this project includes, but is not necessarily limited to, this solicitation package, project plans and specifications as shown in RFP and other referenced ordinances, manuals and specifications. Contract Documents shall also include:

      1. All written modifications, amendments and change orders to this Agreement issued in accordance with the General Provisions.
      2. Contractor’s proposal and accompanying exhibits submitted in response to the County’s Project Criteria and Solicitation; and any solicited and/or unsolicited Alternates to the Solicitation accepted by the County in writing.

      The Contract Documents are intended to permit the parties to complete the work and all obligations required by the Contract Documents within the specified time(s) for the proposal price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the County will make a determination on which item of discrepancy shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.

    • Change Orders

      A. Additional Costs:

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

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

      (2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes, when such additional payments are necessitated by such extra work.  An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

      B. Reduced Costs:

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

    • Termination

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

      Upon receipt of such notice, the CONSULTANT shall:

      (l) Immediately discontinue all services affected (unless the notice directs otherwise), and

      (2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONSULTANT in performing under this contract, whether completed or in process.

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

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

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

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

    • Changes

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

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

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

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

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

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

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

      C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications. 

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

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

    • Change Orders

      A. Additional Costs:

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

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

      (2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes, when such additional payments are necessitated by such extra work.  An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

      B. Reduced Costs:

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

    • "Or Equal" Interpretations

      Identification of an item by manufacturer’s name, trade name, catalog number, or reference is intended to be description but not restrictive in that it is used for the purpose of describing the type, style, quality, performance and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Proposals on other makes and/or models will be considered provided in the Cost Proposal Form what is being proposed and forwards with the proposal complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation. 

      The County reserves the right to accept or reject, in its sole discretion, items offered as an “equal”.

    • Signatures

      Affix signatures and dates on approved plans.

    • Differing Conditions

      A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:

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

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

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

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

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

    • Change Orders

      A. Additional Costs:

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

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

      (2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes, when such additional payments are necessitated by such extra work.  An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

      B. Reduced Costs:

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

    • Differing Site Conditions

      A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:

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

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

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

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

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

    • Default and Suspension

      If an Offeror who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of intent to award or an alternate date specified by the Chief of Purchasing, the Offeror may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Offeror. In the event of such default, award may then be made to another Offeror determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for proposals as deemed if deemed in the best interests of the County.

      A Contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the Contract, by: failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing. In such instance, the Contractor’s performance and/or payments bonds, if any, may be exercised, and the Contract terminated and awarded to another Offeror if determined to be in the best interest of the County.

      An Offeror/Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Offeror/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

    • Disputes

      A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising hereunder which is not disposed of by agreement shall be decided by the COUNTY, who shall reduce their decision to writing and mail or otherwise furnish a copy thereof to the CONSULTANT. The decision of the COUNTY shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the CONSULTANT executes and furnishes a written appeal to the COUNTY COMMISSIONERS OF CHARLES COUNTY. The decision of the COUNTY COMMISSIONERS for the determination of such appeals shall be final and conclusive.

      B. The provision shall not be pleaded in any suit involving a question of fact arising under this contract as limiting judicial review of any such decision to cases where fraud by such official or their representative is alleged; provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Article, the CONSULTANT shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONSULTANT shall proceed diligently with the performance of the contract and in accordance with the COUNTY'S decision.

      C. This Disputes Article does not preclude consideration of questions of law in connection with decision provided in paragraph (A) above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative on a question of law.

    • Minority and Women- Owned Business Enterprise (MWBE) Program - MWBE Compliance Plan Forms

      This form shall be completed in legible ink or typewritten and signed. Proposals submitted without a MWBE compliance form may be rejected as non-responsive by the County.  

      Offerors can contact the Economic Development Department by email at mwbe@meetcharlescounty.com for questions related to the County's MWBE program. 

    • Reviews

      Reviews shall be precise and complete.

    • Offeror/Award Protests
      1. All protests made pursuant to solicitations must be in writing and delivered to the Chief of Purchasing within the timeframes specified:
        1. Protests must be delivered to the Chief of Purchasing no later than seven (7) consecutive calendar days after the basis for the protest (i.e. notification of rejection of Offeror's proposal, notification of removal of Offeror from consideration, etc.) is known or should have been known, whichever is earlier.
        2. If protesting contract award, the protest must be delivered to the Chief of Purchasing within seven (7) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” Offerors.
        3. If Offeror seeks as a remedy the cancellation or amendment of the solicitation, the protest must be delivered to the Chief of Purchasing before the submission date for quotes/bids/proposals. 
        4. If the County is closed for business at the due date and time, for whatever reasons, protests will be accepted on the next business day of the County prior to 12:00 p.m. (Eastern Time).
          Protests shall be considered timely only if received in the Purchasing Division office prior to close of business within the timeframes specified above.
      2.  All protests made pursuant to solicitations shall be delivered to the Chief of Purchasing:
        Charles County Government
        ATTN: Chief of Purchasing, Purchasing Division (Room B130)
        200 Baltimore Street,
        La Plata, Maryland 20646
      3. Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole election, return the filing fee to the protesting Offeror, if the protest is sustained. Filing fees for unsustained protests shall not be returned. The Chief of Purchasing must dismiss any protest not timely received.
      4. Only an Offeror that is “aggrieved” is eligible to file a protest. Aggrieved means that the Offeror who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked Offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked Offerors or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address and telephone number of the protesting Offeror; a statement supporting that the Offeror is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the Offeror contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argument to support the protest is on the Offeror making the protest.
      5. The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing.
      6. The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the Offeror making the protest, and to the County Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. Decisions shall be final, and not subject to appeal. 
    • Small Local Business Enterprise (SLBE) Program – SLBE Certification Form and SLBE Letter of Intent

      This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.

      Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00 if they:

      • Are registered in the Charles County SLBE Program and eligible in all other respects, at the time the firm’s proposal is submitted.
      • Complete the attached SLBE forms and indicate their SLBE status.
      • Are susceptible for award for a contract valued less than $500,000.00.

      Registered Charles County SLBEs must meet all the same requirements of non-SLBE Offerors. Firms must have completed the registration process and have achieved full SLBE status by the due date for proposals, in order to receive consideration as a SLBE during the evaluation of proposals.

      The directory is available on the Economic Development Department website at https://www.meetcharlescounty.com/. Offerors can contact the Economic Development Department by email at slbe@meetcharlescounty.com

    • Termination of Contract for Convenience

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

      Upon receipt of such notice, the CONTRACTOR shall:

      i. Immediately discontinue any part or all services as directed by the County’s authorized representative, and

      ii. Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.

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

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

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

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

    • County Rights

      All designs, drawings, specifications, notes, computations, and other work developed in the performance of this contract shall be and remain the sole property of the COUNTY and may be used on any other work without additional compensation to the CONSULTANT. With respect thereto, the CONSULTANT agrees not to assert any rights and not to establish any claim under the design patent or copyright laws. The CONSULTANT, for a period of three (3) years after final payment under this contract, agrees to furnish and provide access to all retained materials on the request of the COUNTY.  Unless otherwise provided in this contract, the CONSULTANT shall have the right to retain copies of all such materials beyond such period.

      In the event that the COUNTY uses any of the above-mentioned materials for purposes other than those covered under this contract or other than for which it was provided, the CONSULTANT shall not be held liable for any personal or property damage arising from such use.

    • Offeror Investigation

      Prior to submitting a proposal, each Offeror shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the Offeror will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Offeror.

    • Differing Site Conditions

      A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:

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

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

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

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

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

    • Termination of Contract for Convenience

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

      Upon receipt of such notice, the CONTRACTOR shall:

      i. Immediately discontinue any part or all services as directed by the County’s authorized representative, and

      ii. Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.

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

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

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

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

    • Estimates

      Review of construction cost estimates and establish bond amounts and fees.

    • Examination of Records

      A. The CONSULTANT shall maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract. The foregoing constitutes "records" for the purposes of this Article.

      B. The CONSULTANT'S office, or such part thereof as may be engaged in the performance of this contract, and their records shall be subject at all reasonable times to inspection and audit by the COUNTY or their authorized representative(s). In addition, the COUNTY, or their authorized representative(s), shall, until the expiration of three (3) years from the date of final payment under this contract, or of the time periods for the particular records specified, have the right to examine those books, records, documents, papers, and other supporting data which involve transactions related to this contract along with the computations and projections used therein.

      C. The CONSULTANT shall include in each subcontract, a provision that includes paragraphs A and B of this Article, binding each subcontractor to the requirements outlined in the above-mentioned paragraphs.

    • Termination for Default - Damages for Delay - Time Extensions

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

      B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.

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

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

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

      (2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.

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

      E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this article, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article.  If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified; accordingly, failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.

      F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract.

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

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

    • Termination for Default - Damages for Delay - Time Extensions

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

      B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.

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

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

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

      (2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.

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

      E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this article, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article.  If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified; accordingly, failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.

      F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract.

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

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

    • Sole Point of Contact

      The Purchasing Representative identified in the Introduction section is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between Offerors and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Offerors or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified on the Introduction section, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.

    • Performance Evaluations

      The County shall perform periodic performance evaluations, at the County’s discretion, on all work performed by the Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request. Performance evaluations shall be maintained in the County’s contract files.

    • Proposed Sub-Contractors Form

      This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.

    • Testing and Inspections

      Unless otherwise stated elsewhere the Contractor shall be responsible for securing all required third party testing and inspections as well as all associated cost.

    • Non-Collusion Affidavit Form

      This form shall be completed in legible ink or typewritten, signed, and notarized.

    • Termination of Contract for Convenience

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

      Upon receipt of such notice, the CONTRACTOR shall:

      i. Immediately discontinue any part or all services as directed by the County’s authorized representative, and

      ii. Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.

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

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

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

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

    • Reviewers

      Reviewers are required to complete all County generated standard forms, data sheets, memos, and documentation.

    • Questions

      All inquiries/questions concerning technical or bidding information shall be directed via OpenGov Procurement Question & Answer feature prior to the due date and time specified in the Introduction section . In the event an Offeror has multiple questions, each question must be submitted individually.  Please include the section number and title for each question, if applicable. All questions submitted and answers provided will be electronically distributed to offerors following this solicitation on the County's eProcurement Portal. The County will not provide responses to questions submitted after the due date and time specified in the Introduction section. The person submitting the request will be responsible for its prompt delivery. Questions and answers are provided for informational purposes only and are not part of any resulting contract from this solicitation.

    • Covenant Against Contingent Fees

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

    • Payments to Contractor

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

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

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

    • Payments to Contractor

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

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

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

    • Assignment of Contract

      The Contractor shall not sublet any portion of this contract or assign or transfer any interest in this contract without receiving prior written approval from the County, Chief of Purchasing.

    • Subcontractors

      Subcontractors may not be used in the conduct of this contract without express written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clearly identified in the Offeror's proposal. Subcontracts are subject to Minority and Women Business Enterprise (MBE) Program and Small Local Business Enterprise (SLBE) requirements detailed herein. Prime contractor shall perform a minimum of fifty percent (50%) of the work.

    • Addendum Certification

      Offerors shall be required to acknowledge the addenda when responding to this request for proposals.

    • Material and Workmanship

      All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.

    • Addenda and Supplements

      In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the Offeror to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Offeror shall acknowledge in their proposal, the receipt of all addenda, supplements, amendments, or changes to the solicitation that were issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement. 

      Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued and will be posted on the County’s eProcurement Portal found at www.CharlesCountyMD.gov. Any and all addenda issued prior to the proposal due date/time shall become a part of the contract documents and shall be covered in the Offeror’s proposal prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Offeror to check the County's eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.

    • Material and Workmanship

      All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.

    • Termination for Default - Damages for Delay - Time Extensions

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

      B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.

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

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

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

      (2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.

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

      E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this article, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article.  If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified; accordingly, failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.

      F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract.

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

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

    • Accident Reports

      The CONSULTANT shall promptly investigate and maintain a complete record of accidents resulting in personal injury, death, or property damage incident to performance of work under this contract. Loss of or damage to COUNTY equipment or property in the custody of the CONSULTANT shall be reported to the COUNTY within twenty-four (24) hours after the occurrence of the accident, together with full details relating to the incident.

    • Specialty Review

      Provide Specialty Review services which may include, but not necessarily be limited to, all structural designs and calculations, floodplain management calculations, pump station and forcemain design, water tower design, wastewater treatment plant design, shop drawings, electrical, and mechanical components, Instrumentation & Controls design, bridge designs, scour analyses, geotechnical and/or pavement design, traffic signal plans, etc.

    • Superintendency by Contractor

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

    • Ability to Perform

      Offeror shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time. The County reserves the right to request any additional information, utilize references not provided by a Offeror, and validate any information provided by an Offeror by any means deemed necessary by the County for the purpose of determining the Offeror’s ability to perform the services described herein.

    • News Release

      No news releases pertaining to this proposal request or the service, study, or project to which it relates will be made without County approval.

    • Major Equipment Schedule

      Offerors shall be required to download, complete and submit the Major Equipment Schedule Form. It is understood and agreed that, if awarded a Contract, the Offeror shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner. 

    • Data and Materials to be Provided by the County

      The following items will be provided by the County for the use of the Contractor:

      Item#

      Title

      8.12.1       

      Charles County Ordinances*

      8.12.2       

      Charles County Standards and Specifications for Construction Manual*

      8.12.3       

      Charles County Standard Detail Manual*

      8.12.4      

      Plan Preparation Package*

      8.12.5     

      Pertinent PGM Public Notices*

      8.12.6      

      Fees & Charges*

      8.12.7      

      Standard Unit Price List*

      8.12.8     

      Copies of any approved preliminary plans and/or site plans for each project

    • Consultant’s Organization

      The CONSULTANT shall furnish to the COUNTY within two weeks after executing this contract, and thereafter prior to any annual renewal date, a chart showing the overall organization provided for the performance of this work and the names and titles of personnel employed in connection with the work, and shall furnish from time to time, revised organization charts reflecting any substantive changes therein. The CONSULTANT agrees to retain the listed key employees assigned to the performance of the work under this contract and shall not reassign or remove any of them without the consent of the COUNTY. Whenever, for any reason, one or more of the aforementioned employees is unavailable for assignment for work under this contract, the CONSULTANT shall, with the approval of the COUNTY replace such employee with an employee of substantially equal abilities and qualifications.

      The CONSULTANT shall be responsible for maintaining satisfactory standards of employee competency, conduct and integrity and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.

      The CONSULTANT shall require in each subcontract, a provision that requires each subcontractor to advise the CONSULTANT promptly of any significant changes in the organization of such subcontractor, and the CONSULTANT shall promptly advise the COUNTY of any such changes reported to the CONSULTANT or otherwise discovered by the CONSULTANT.

    • Liquidated Damages

      A. The CONTRACTOR shall be liable for and shall pay to the COUNTY as fixed, agreed and liquidated damages such sum or sums as set forth herein before for each and every calendar day which the actual time of completion shall be delayed beyond the aforesaid permitted time of completion. Actual damages for such delay are impossible of determination, thus, said sum is a measure only of liquidated damages the COUNTY will sustain for each delay and shall not be construed as a penalty.

      B. The COUNTY shall have the right to deduct the total amount of any liquidated damages for which the CONTRACTOR may be liable from moneys otherwise due the CONTRACTOR including any retainage under the control of the COUNTY.

      C. The surety upon the Performance Bond furnished by the CONTRACTOR shall be liable for any such liquidated damages for which the CONTRACTOR may be liable, to the extent that the CONTRACTOR shall not make settlement therefore with the COUNTY.

    • Superintendency by Contractor

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

    • Permits and Responsibilities

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

    • Estimated Workload and Level of Effort

      The County anticipates receiving approximately 220 Development Services Permit (DSP) applications per year, based on recent historical data and projected development activity. Each permit review is expected to require an average of 10 to 15 hours of professional engineering review, depending on project complexity, completeness of submittal, and discipline coordination. These figures are provided for proposal preparation purposes only and do not guarantee any minimum or maximum assignments.

      A. Major Plat Review - The Consultant shall provide engineering review of major plats prepared for legal recordation of subdivision, easements, buffers or other matters of real property ownership or responsibilities.

      B. Minor Plat Review - The Consultant shall provide engineering review of minor plats prepared for legal recordation of subdivision, easements, buffers or other matters of real property ownership or responsibilities.

      C. Preliminary Subdivision Plan (PSP) Review - The Consultant shall provide engineering review of proposed plan of subdivision consisting of drawings and additional supplemental design and development material beyond the conceptual subdivision plan indicating the proposed layout of the subdivision.

      D. Site Development Plan Review - The Consultant shall provide engineering review of a professionally prepared drawing/plan that demonstrates that a proposed commercial use can meet all County Code.

      E. Concept/Site Stormwater Review - The Consultant shall provide review of the first and second of three required stormwater management plan approval submittals. 

      F. Specialty Review - The Consultant shall provide specialized engineering review services which may include, but not necessarily be limited to, all structural designs and calculation, floodplain management calculations, pump station and forcemain design, water tower design, wastewater treatment plant design, shop drawings, electrical, and mechanical components, Instrumentation & Controls design, bridge design, scour analyses, geotechnical and/or pavement design, Traffic Signal Plans, etc.

      Plan Review Five (5) Year Average#
      Development Services Permit (DSP) Review390
      Major Plat Review2
      Minor Plat Review8
      Preliminary Subdivision Plan (PSP) Review3
      Site Development Plan Review36
      Concept Stormwater Review41
      Site Stormwater Review97
    • Payments to Contractor

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

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

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

    • Permits and Responsibilities

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

    • Employment Discrimination by Consultants Prohibited

      During the performance of any contract awarded pursuant to this RFQ, ITB, or RFP, the CONSULTANT agrees as follows:

      A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the CONSULTANT. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination Article.

      B. The CONSULTANT, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, will state such CONSULTANT is an equal opportunity employer.

      C. Notices advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

    • Public Information Act/Confidentiality Notice

      Offeror should give specific attention and identification of those specific portions of their proposals which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal/quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act. Offerors may not declare their entire bid/proposal/quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.

    • Errors

      Any errors in computations may be corrected during the County’s review of the proposal. The County shall not be responsible for Offeror computation errors contained on the Cost Proposal Form. All values contained on the Cost Proposal Form remain the responsibility of the Offeror. Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Offeror.

    • Material and Workmanship

      All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.

    • Conditions Affecting the Work

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

    • Campaign Finance Reform Act of 2013

      The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of $200,000 or more shall file certain campaign finance-related disclosures with the Maryland State Board of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to provide this certification, the County must notify the State. In the event of Contract award, the Contractor shall certify that campaign finance-related disclosures are filed with the Maryland State Board of Elections as applicable.

    • Conditions Affecting the Work

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

    • Certification of Drawings and Other Documents

      All original drawings and the first page of all specifications, estimates, or similar documents shall have affixed or contain the seal of a duly qualified and authorized professional CONSULTANT certifying to the completeness and accuracy of the work performed.

    • Compensation Structure

      Hourly rates shall be provided for each applicable staff classification, such as Principal Engineer, Project Engineer, and Engineer Technician. Offerors shall provide an hourly rate schedule for specialty or miscellaneous reviews not covered by the above categories. Examples include traffic impact analyses, hydrologic or stormwater modeling, environmental assessments, soil conservation and water quality plan, or complex utility coordination. 

    • County Rights/Disclaimers

      The County exclusively reserves the right, but is not limited to the following actions:

      1. Reject any or all proposal submissions;
      2. Issue a new RFP;
      3. Cancel, modify, or withdraw the RFP;
      4. Issue addenda, supplements, and modifications to this RFP;
      5. Modify the RFP process (with appropriate notice to offerors as described herein);
      6. Appoint an Evaluation Committee and evaluation teams to review proposal submissions,
      7. Approve or disapprove the use of particular subcontractors and/or substitutions and/or changes in proposal submissions;
      8. Revise and modify, at any time before the Proposal Due to County date, the factors it will consider in evaluating proposal submissions and to otherwise revise or expand its evaluation methodology. If such revisions or modifications are made, the County will publish an addendum. The County may extend the RFP due date if such changes are deemed by the County, in its sole discretion, to be material and substantive;
      9. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the RFPs;
      10. Disqualify any team that changes its Proposal Submission without County written approval;
      11. Retain ownership of all materials submitted in hard-copy and/or electronic format.
    • Other Contracts

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

    • Rejection of Quotes/Bids/Proposals

      The County exclusively reserves the right, but is not limited to the following actions:

      1. Evidence of collusion among offerors.
      2. Lack of competency revealed by financial statements, experience, equipment statements, or other factors.
      3. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the offeror.
      4. Default on a previous similar contract for failure to perform.
      5. Being delinquent in payments due to Charles County Government.
      6. Exceptions or exclusions to the requirements of the solicitation.
      7. Failure to be in “Good Standing” with the State of Maryland.
      8. Previous substandard performance on a County contract. 
      9. Failure to perform properly or to complete, in a timely manner, contracts of a similar or comparable nature, or if investigation shows the offeror unable or unlikely to perform the requirements.
      10. Failure to furnish information requested by the County.

      The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

    • Inspection and Acceptance

      A. Except as otherwise provided in this contract, inspection and test by the COUNTY of material and workmanship required by this contract shall be made at reasonable times and at the site of the work, unless the CONTRACTING OFFICER determines that such inspection or test of material which is to be incorporated in the work shall be made at the place of production, manufacture, or shipment of such material.  To the extent specified by the CONTRACTING OFFICER at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as to whether the material involved conforms to the contract requirements. Such off-site inspection or test shall not relieve the CONTRACTOR of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights of the COUNTY after acceptance of the completed work under the terms of paragraph (F.) of this article, except as here in above provided.

      B. The CONTRACTOR shall, without charge, replace any material or correct any workmanship found by the COUNTY not to conform to the contract requirements, unless in the public interest the COUNTY consents to accept such material or workmanship with an appropriate adjustment in the contract price. The CONTRACTOR shall promptly segregate and remove rejected material from the premises.

      C. If the CONTRACTOR does not promptly replace rejected material or correct rejected workmanship, the COUNTY may: (1) by contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the CONTRACTOR, or (2) terminate the CONTRACTOR'S right to proceed in accordance with Article 6 of these General Provisions.

      D. The CONTRACTOR shall furnish promptly, and without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspection and test as may be required by the CONTRACTING OFFICER. All inspection and test by the COUNTY or its agent shall be performed in such manner as not unnecessarily to delay the work.  Special, full size and performance tests shall be performed as described in this contract. The CONTRACTOR shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the CONTRACTOR for its inspection.

      E. Should it be considered necessary or advisable by the COUNTY, at any time before acceptance of the entire work, to make an examination of work already completed, by removing or tearing out same, the CONTRACTOR shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect, due to the fault of the CONTRACTOR or their subcontractors, they shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, an equitable adjustment shall be made in the contract price to compensate the CONTRACTOR for the additional services involved in such examination and reconstruction and, if completion of the work has been delayed thereby, he shall, in addition, be granted a suitable extension of time.

      F. Unless otherwise provided in this contract, acceptance by the COUNTY shall be made as promptly as practicable after completion and inspection of all work required by this contract. Acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the COUNTY'S right under any warranty or guarantee.

    • Composition

      If the CONSULTANT hereunder is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

    • Other Contracts

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

    • Holiday Schedule

      The following holidays are observed by the County: 

      • New Year's Break (Close at 12:00pm New Year's Eve, New Year's Day, Day after New Years (when applicable))
      • Martin Luther Ling Jr's Birthday
      • Employee Appreciation Day
      • Washington's Birthday
      • Eid al Fitr
      • Good Friday
      • Easter Monday
      • Memorial Day
      • Eid al Adha
      • Juneteenth
      • Independence Day
      • Labor Day
      • Indigenous People's Day
      • Veterans Day
      • Election Day (When Applicable)
      • Thanksgiving Closure (Wed, Thur, Fri of Thanksgiving)
      • Christmas Break (Close at 12:00pm Christmas Eve, Christmas Day, Day after Christmas (when applicable))
    • Consultant Performance Requirements

      The Consultant shall adhere to the following contractual timeframes:

      • Initial review: within ten (10) business days of receiving a complete submittal.
      • Resubmittal reviews: within five (5) business days of receipt.

      Failure to meet these timelines may result in corrective action or non-renewal of the contract. All review comments shall be technically justified, categorized as Required, Recommended, or Informational, and traceable to corresponding annotations on the marked-up PDF plan set. Repeated findings of vague, inconsistent, or incomplete comments may result in payment reductions or contract termination.

    • Conflicts

      It is the spirit and intent of these General Provisions, and the Special Provisions to provide that the services and all parts thereof shall be fully completed and suitable in every way for the purpose for which the project was intended. The CONSULTANT shall supply all materials and perform all services, which reasonably may be implied as being incidental to the work of this contract. In the event of a conflict between the General and Special Provisions, the Special Provisions will govern.

    • Applicant (Design Engineer) Coordination

      Every effort should be made to reduce the number of plan reviews for each project.  After the third review, a meeting with the applicant will be required prior to completion of the fourth review comments.  A virtual meeting may also be scheduled to address review comments any time at the Applicant or County’s request. All applicant resubmittals must include a Comment Response Matrix listing each review comment, the applicant’s response, and corresponding plan sheet reference, utilizing Bluebeam or other agreed upon format. Submittals without a completed matrix shall be deemed incomplete and returned without review.

    • Cooperative Purchasing

      Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by the Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. The Mid-Atlantic Purchasing Team Cooperative Ride Clause is hereby incorporated into this solicitation. Refer to the County’s Website at: https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000

    • Superintendency by Contractor

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

    • Good Standing Requirements

      In order to be eligible for award, Offerors shall meet the following conditions prior to contract award: 

      1. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.
      2. All payments to Charles County Government have been paid and are not delinquent.
      3. Their firm is in “good standing” with the State of Maryland Department of Assessments and Taxation.
    • Patent Indemnity

      Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.

    • Patent Indemnity

      Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.

    • Restrictions

      An individual or a person that employs an individual who the County utilized in the drafting of specifications, an invitation for bids, a request for quotes, or a request for proposals for a procurement may not submit a quote, bid, or proposal for that procurement, or assist or represent another person, directly or indirectly, who is submitting a quote, bid, or proposal for the procurement. A proposal from such an individual or entity will be rejected.

      The following is a list of consultant(s) and/or sub-consultant(s) that have received monetary compensation under a contract with the County as the prime consultant to develop this Request for Proposals and have been retained by the County to perform the services on the behalf of the County for this procurement. 

      • INSERT COMPANY NAME HERE

      In addition, the County Ethics Committee administers the provisions of the County Ethics Code, including §170 of the Charles County Code that contains various restrictions on participating in County procurements.

    • Covenant Against Contingent Fees

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

    • Employment Status, Qualifications

      Contractor personnel who are to accomplish plan reviews shall have at minimum a Bachelor of Science Degree in Civil Engineering and five (5) years’ experience or a Bachelor of Science Degree in Civil Engineering and an equivalent combination of training and experience at the discretion of the County is acceptable. Such review personnel shall be licensed as a Professional Engineer in the State of Maryland (Principal/Project Engineer) or shall be working under the responsible charge and direct supervision of a Professional Engineer licensed in the State of Maryland (Engineer Technician). The Principal Engineer should have at least eight (8) years of experience as a Professional Engineer. The Project Engineer should have a minimum of five (5) years of experience as a Professional Engineer. The Contractor shall provide a Professional Engineer licensed in the State of Maryland to be in charge of the plan review services as required by state licensing laws. The responsible Professional Engineer shall attest to the fact that the review comments were made by or reviewed by the Professional Engineer. Any contractor personnel required for specialty plan reviews will, in addition to the requirements of this section, demonstrate competence in their specialty to the satisfaction of the County. The County reserves the right to approve and deny any individual assigned to perform work under this Contract.

      Specific to stormwater management review, the project team should have a strong background in Low-Impact Development (LID), green infrastructure, environmentally sensitive site design, with working knowledge of the Maryland Department of the Environment (MDE) Environmental Site Design (ESD) strategies and their integration into overall site layout and design. The Consultant must be proficient in hydrologic and hydraulic modeling software such as TR-20, TR-55, Hydro CAD, or other equivalent platforms, with familiarity in ESD sizing, conveyance system design, and drainage area mapping methodologies. A solid understanding of storm frequencies, design storms, and rainfall data interpretation as it pertains to SWM facility design is required. Experience with GIS tools is expected for tasks including plan overlays, watershed analysis, and spatial verification of drainage areas and impervious surfaces.

    • Permits and Responsibilities

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

    • Covenant Against Contingent Fees

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

    • Delivery Point, Inspection, and Approval

      All items required to be furnished by the CONSULTANT under this contract shall be delivered at the CONSULTANT'S expense to the attention of the County's authorized representative located at:

      Project Manager identified in the written Notice of Intent to Award letter or Contract Execution Letter issued by the Purchasing Representative.

      The CONSULTANT will be notified if the submittal, or any portion thereof, is rejected. In this event, the CONSULTANT will be required to resubmit those rejected materials so that they fully comply with the requirements of this contract. The decision of the COUNTY as to acceptance or rejection of the required submittals shall be final.

    • Conditions Affecting the Work

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

    • Equal Opportunity

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

      A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:  employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.

      B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

      C. The CONTRACTOR will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker's representative of the CONTRACTOR'S commitments under this Equal Opportunity article and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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

    • Equal Opportunity

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

      A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:  employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.

      B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

      C. The CONTRACTOR will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker's representative of the CONTRACTOR'S commitments under this Equal Opportunity article and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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

    • Notifications

      Legal notice given by the County to the Offeror shall be sent to the Offeror's contact information provided in the County's eProcurement Portal. Notice given by the County by any of the following:

      1. A communication delivered by MAIL shall be deemed as having been received by the addressee three (3) business days after the date of mailing.
        1. UPS or FedEx or other delivery service; or
        2. USPS first class postage mail; or
        3. USPS certified, or 
        4. USPS registered mail.
      2. A communication delivered by email shall be deemed as having received by the addressee the same day the email was sent.
    • Review Location

      Plan review services shall be completed offsite. Conference space is available for onsite, in-person meetings as necessary.

    • Designation of County’s Representative

      The CONSULTANT’S Day to day activities and work production will be monitored by a person designated by the COUNTY to act as the authorized representative to administer this contract in whole or in part.

      No oral statement of any person and no written statement of anyone other than the CONTRACTING OFFICER, or the authorized representative, shall modify or otherwise effect any provision of this contract.

      Designation and termination of the COUNTY'S representative shall be done in writing.

    • Plan Priority and Review Time Periods

      Review priorities will be established by Charles County on a daily basis. Initial plan reviews shall be accomplished including transmission of comments within ten (10) business days from receipt of review documents. Subsequent reviews shall be accomplished including transmission of comments within five (5) business days from receipt of review documents. Written comments shall be provided in electronic format as each project review is completed. If a plan review cannot be completed within the time frames established due to complexity of the project, then the Contractor will notify the County with an anticipated date for completion. Projects noted as “Permit Expedite”, “Priority”, or County projects shall receive precedence over all other project reviews. These projects shall be reviewed before all other projects.

    • Suspension of Work

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

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

      C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract.

    • Document Standards
      1. A. Plan format and contents shall be consistent with the County’s plan preparation manual.
      2. Specifications, Reports, and other narrative statements in final form for submission to the COUNTY shall be prepared on 8 1/2" X 11" white bond paper. Specifications shall follow the "Master Format" developed by the Construction Specifications Institute (CSI).
      3. Bibliographies. If the preparation of reports and other narrative statements involves the use of reference and research materials, the CONSULTANT shall prepare a bibliography of such material and include it in the final document. Each bibliography shall include the following information:
        1. Books
          1. Name of author or authors, editors, or institution responsible for writing the book.
          2. Full title of book (including subtitle if there is one).
          3. Series name and number (if applicable).
          4. Volume number (if any).
          5. Edition (if not the original).
          6. City of publication.
          7. Publisher's name.
          8. Date of publication.
        2. Articles of Periodicals.
          1. Name of author.
          2. Title of article.
          3. Name of periodical.
          4. Volume number.
          5. Date of article.
          6. Pages occupied by article.
    • Negotiations

      The County may negotiate contract terms, price, statement of work, or other conditions that results in the most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot be negotiated, the County may terminate negotiation and move to another Offeror.

    • Suspension of Work

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

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

      C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract.

    • Other Contracts

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

    • Performance and Payment Bonds

      A Performance Bond and Labor & Material Payment Bond in the amount of one hundred percent (100%) of the contract price will be required for this project and contract, from sureties licensed to do business in the State of Maryland and satisfactory to the County and shall be submitted to the County at the time of contract execution by the Bidder within the timeframes required herein. Premiums for the bonds described above shall be paid by the Contractor. Bonds shall contain a provision that it shall not be cancelled, non-renewed or materially altered without at least ninety (90) days written prior notice to the County.

    • Subcontractors

      Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by them in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it themselves if for any reason it becomes necessary or desirable for them to do so. That portion of the specifications beginning with the SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.

    • Patent Indemnity

      Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.

    • Quality Assurance and Quality Control

      Charles County is dedicated to a quality plan review and construction product. Consequently, reviews shall be thoroughly completed. The plan reviewer will be subject to routine evaluation and shall modify or improve review services as needed and per the direction of Charles County. Plan review services shall only be performed by licensed individuals with expertise in the specific area, or under direct supervision of those individuals.

    • Inspection

      The COUNTY, through any authorized representative, may at all reasonable times inspect or otherwise evaluate the work being performed hereunder and the premises on which it is being performed. If any inspection or evaluation is made by the COUNTY on the premises of the CONSULTANT or subcontractor, the CONSULTANT shall provide and shall require the subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the COUNTY representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.

    • Subcontractors

      Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by them in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it themselves if for any reason it becomes necessary or desirable for them to do so. That portion of the specifications beginning with the SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.

    • Fair Treatment of Subcontractors and Vendor

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

    • Prevailing Wage

      Option 1

      All County financed construction projects exceeding $500,000 are subjected to the prevailing wages rates. Additional prevailing wage are required for mechanical services contracts, including electrical work for any services valued over $2,500.00. The wage determination active on the date the Notice to Proceed is issued shall apply to the project. 

      Option 2

      If notified by the County, this work may be subject to prevailing wage rates for services specified in accordance with the most current version of Chapter 228, Article I of the Charles County Code. Wage determination active on the date the bid provided is issued may apply to task order services awarded as a result of any contract. The County shall notify the bidder if prevailing wage shall apply to services specified at the time of bid.

      Option 3

      All County financed construction projects exceeding $500,000 are subjected to the prevailing wages rates as outlined in this solicitation. The prevailing wage rates provided in the document are subject to change. The wage determination active on the date the Notice to Proceed is issued shall apply to the project.

    • Review In-Progress

      Reviews that are in progress at the beginning of the plan review service will be considered initial reviews for the purpose of this contract.

    • Fair Treatment of Subcontractors and Vendor

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

    • Additional Bond Security

      If any surety upon any bond furnished in connection with this contract becomes unacceptable to the COUNTY or if any such surety fails to furnish reports as to their financial condition from time to time as requested by the COUNTY, the CONTRACTOR shall promptly furnish such additional security as may be required from time to time to protect the interests of the COUNTY and of persons supplying labor or materials in the prosecution of the work contemplated by this contract.

    • Investigation of Field Conditions

      The CONSULTANT shall visit the areas where work is to be performed and by their own investigation satisfy themselves as to the existing conditions affecting the work to be done. If the CONSULTANT, including subcontractor, does not visit the area, they will nevertheless be charged with knowledge of conditions, which a reasonable inspection would have disclosed. The CONSULTANT shall assume all responsibility for deductions and conclusion as to the difficulties in performing the work under this contract.

    • One Year Guarantee

      In the event the COUNTY requires a construction contract resulting from the prepared work of the CONSULTANT hereunder, to make repairs, replacement, reconstruction or similar adjustments under the provisions of the construction contract, the CONSULTANT shall provide such professional services as may be required at no additional cost to the COUNTY where it is determined that the repairs, replacement, reconstruction or similar adjustment is attributed to a design deficiency for which the CONSULTANT is responsible.

      The period of this guarantee shall commence on the date that the COUNTY formally accepts the facilities and extends for a period of one year thereafter.

      The rights provided under this provision are in addition to any other rights the COUNTY may have arising out of a design deficiency for which the CONSULTANT is responsible.

    • Covenant Against Contingent Fees

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

    • Specifications, Standards, and Forms

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

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

    • Plan Certification

      For record purposes, approval of plans and other reviewed documents for all reviews noted above shall be indicated by digital signatures on electronic plans within the County’s electronic plan review environment. If any legacy paper plans or documents need to be approved, signature(s) shall be placed thereon, in multiple copies, for all reviews noted above.

    • Specifications, Standards, and Forms

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

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

    • Prevailing Wage Reporting

      The County utilizes web-based prevailing wage reporting software. 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.

    • Prohibition of Discrimination in County Procurement

      Charles County is committed to ensuring that Minority and Women-Owned Business Enterprises are provided equal opportunity to participate in the County's procurement and contracting processes. Any instances of overt or perceived discrimination should immediately be reported to the MWBE/DBE Compliance Manager.

      Per Resolution 2023-13, Section 8, Item 4.1, the SLMBE Programs Division is authorized to investigate such complaint.  An investigation may also be initiated based solely on a finding of a significant statistical disparity from the Annual Aspirational Goal or contract/project goal(s), as detailed herein. The details of any investigation, including findings, shall be recorded and maintained by the SLMBE Programs Division.

      All Contractors must cooperate with any investigations or audits conducted by authorized entities to assess compliance with anti-discrimination laws and policies. Non-compliance may result in sanctions, including but not limited to contract termination, suspension, or debarment from future contracts.

      Certification of Compliance

      By submitting a response to this solicitation, the Contractor agrees not to engage in any discriminatory practices and affirms that it has implemented policies and/or procedures to prevent discrimination in its operations. The Contractor further agrees to provide evidence of such policies/procedures upon request.

      Reporting Discrimination

      Discrimination in any form is strictly prohibited in Charles County. Charles County staff, prime contractors, subcontractors, or any individuals otherwise engaged in the procurement process are strictly prohibited from discriminating against any business or individual based on, but not limited to the following: race, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, age, disability, marital status, political affiliation, veteran status, or any other characteristic protected by applicable law. Legitimate denial of a bid or not being selected for a procurement opportunity is not considered discrimination.

      If anyone is a victim of discrimination, in any form, a request must be submitted to the MWBE/DBE Compliance Manager. Anyone submitting a discrimination complaint must submit a complaint using the “MWBE Discrimination Reporting Form”. You can request a form from the MWBE/DBE Compliance Manager. Any individual or firm discriminating against another could face any of the following penalties including, but not limited to: sanctions, contract termination, suspension, and/or debarment from future contracts. If necessary, the case can also be referred to the County Attorney and/or the County Administrator for further action.

      Notification of Accusation and/or Finding of Discrimination

      Once a discrimination complaint is received by the Purchasing Division and the MWBE/DBE Compliance Manager, the accused will be notified in writing that they; a) have been accused of discrimination, b) will have an opportunity to provide a defense against the accusation; c) must comply with all requests from investigators; d)are prohibited from taking any adverse actions against an accuser; and e) have a right to appeal a finding of discrimination.

       

       

    • Electronic Plan Review Service

      Contractor shall review electronically submitted plan review package.

    • Working Hours Per Day

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

    • Patents

      The CONSULTANT shall hold and save the COUNTY, and all officers and agents thereof harmless from and against all and every demand of any nature and kind for or on account of the use of any patented or copyrighted inventions, article, or process employed by the CONSULTANT in the performance of the work.

    • Working Hours Per Day

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

    • Employment Discrimination Prohibited

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

      A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.

      B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

      C. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker's representative of the CONTRACTOR'S commitments under this Equal Opportunity article and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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

    • Permits

      Without additional cost to the COUNTY, the CONSULTANT shall obtain all applicable permits, licenses, and insurance; shall pay all charges and fees; and shall give all notices necessary and incidental to the due and lawful performance of the services under this contract.

    • Fee and Payment

      For the furnishing of all services as specified herein, the Contractor will be paid a fee as specified in the Contract. Each day the Contractor shall submit a Record of Plan Reviews completed with plan review fee calculated. Invoicing shall be submitted on a monthly basis, for permit applications which have complete building plan review. Failure to submit invoices in a timely manner (receipt by the County within 30 calendar days of the end of the monthly billing period) will result in a 5% invoice penalty fee which will be deducted from the invoice payment, unless previously approved by the County in writing.

      The reviewed projects and plan review fee are to be specifically identified on the invoice. The contractor will be paid within 30 days after receipt of the accurate and approved monthly invoice.

    • Suspension of Work

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

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

      C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract.

    • Saturdays, Sundays, Holidays, and Night Work

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

    • Saturdays, Sundays, Holidays, and Night Work

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

    • Contractor Responsible for Overtime Cost

      In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours. The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses.  The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule for those services as deemed necessary by the COUNTY:

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

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

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

    • Equipment

      The Contractor shall provide all vehicles, review and safety equipment, office supplies, cell phones, computers, scanners, and other related materials necessary to perform the work required of this contract. All review staff must provide contact information for county staff during normal hours. The cost to provide this equipment shall be incorporated into the Contractor’s proposed bid amounts. 

      The County shall provide the following software, equipment, and licenses for use of the electronic permitting and inspections system:

      • Two (2) EnerGov licenses to support two (2) plan review staff.

      The Contractor shall be responsible for the following software, equipment, and licenses:

      • Bluebeam Revu Software for each plan reviewer.
      • Laptop computer, desktop computer, or equivalent equipment to access the internet, Bluebeam, and EnerGov via either Google Chrome, Edge, or Safari browser (Chrome preferred).
      • Source of a static IP address for each plan reviewer.

      Should the Contractor need additional licenses to successfully meet the requirements of this contract they must purchase the licenses through the County. All rights to any and all licenses will remain with the County at the conclusion of the contract terms.

    • Contractor Responsible for Overtime Cost

      In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours. The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses.  The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule for those services as deemed necessary by the COUNTY:

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

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

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

    • Publicity

      Except with the prior approval of the COUNTY, the CONSULTANT shall not release for publication any drawing, rendering, perspective sketch, photograph, report, specification, cost estimate, or other material of any nature pertaining to the facilities, for which services are performed under the terms of this contract.

      The provisions of this Article shall extend also to the release of any such materials to any person not so authorized by the COUNTY.

    • Responsibility for Materials and Related Data

      Except as otherwise provided in this contract,

      A. The CONSULTANT shall be responsible for any materials and related data covered by this contract until they are delivered to the COUNTY at the designated delivery point.

      B. After delivery to the COUNTY at the designated point and prior to acceptance by the COUNTY or rejection and giving notice thereof by the COUNTY, the COUNTY shall be responsible for the loss or destruction of or damage resulting from the negligence of officer, agents, or employees of the COUNTY acting within the scope of their employment.

      C. The CONSULTANT shall bear all risks as to rejected materials and related data after notice of rejection, except that the COUNTY shall be responsible for the loss, destruction, or damage resulting from the gross negligence of officers, agents, or employees of the COUNTY acting within the scope of their employment.

      D. After delivery to, and acceptance of, the COUNTY shall be responsible for the loss or destruction of or damage to the materials and related data so delivered and accepted.

    • Emergency Work

      In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, they will grant permission to the CONTRACTOR to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, they may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.

    • Emergency Work

      In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, they will grant permission to the CONTRACTOR to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, they may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.

    • Personnel Assignment

      The County reserves the right of refusal of any staff member assigned by the Contractor if the County is dissatisfied with the performance of assigned personnel after the contract commences. This includes the right to approve or disapprove reviewers and administrative staff based on performance, attitude and communication with others, professionalism and other applicable criteria.

    • Right of Entry

      Where rights-of-entry have not been obtained by the COUNTY, the CONSULTANT with assistance from the COUNTY will be required to obtain from landowners the necessary rights-of-entry for making any investigations required, including geotechnical and survey work under this contract. The CONSULTANT will be advised as to arrangements previously made with landowners. The CONSULTANT shall assume all responsibility for and take all precautions to prevent damage to property entered.

    • Operating and Restoration

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

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

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

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

    • Operating and Restoration

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

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

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

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

    • Policy Compliance

      The Contractor will be expected to attend training on County policies including, but not limited to software, procedures, County Code requirements. Such training will be provided by the County at no additional cost to the Contractor.

      The Contractor and its reviewers will be required to execute the County’s guiding principles and policies and comply with certain County policies regarding software, information technology use, customer service, and other polices as needed.

      The Reviewers shall coordinate and communicate with the Inspection Staff on an as needed basis when field conditions and or questions arise with the approved plans.

      Charles County Government is committed to excellence in customer service. The Contractor must provide consistent, high-quality customer service to all customers. The Review staff must be able to conduct reviews, consult with the public and contractors and communicate with the public in an effective, respectful, helpful, and friendly manner.

    • Subcontractors

      Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by them in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it themselves if for any reason it becomes necessary or desirable for them to do so. That portion of the specifications beginning with the SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.

    • Work Stoppage by the County

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

    • Work Stoppage by the County

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

    • Risk, Damages

      The CONSULTANT shall assume all risks of injury to persons or property arising out of CONSULTANT'S sole negligent acts, errors or omissions in CONSULTANT'S performance of work under this contract and shall indemnify and save harmless the COUNTY against all claims, causes of action (cost and expense) on account of bodily injuries to, and death of persons, and damages to property arising from the sole negligent acts, errors or omissions of the CONSULTANT in connection with the prosecution of the work under this contract.

    • Specifications, Standards, and Forms

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

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

    • Safety and Health

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

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

      The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.

    • Fee and Payment

      For the furnishing of all services as specified herein, the CONSULTANT shall be paid the total fee specified. After completion of work as requested and prior to final payment, the CONSULTANT shall furnish to the Contracting Officer, a release of claims/liens against the COUNTY arising out of the contract, other than claims specifically accepted from the operation of the release.

      Progress payments to the CONSULTANT shall be made on the basis of monthly itemized invoices submitted for the actual percentage of physical work completed by the CONSULTANT and accepted by the COUNTY. Invoices shall include a description of the work, the percentage completed during the month, and the cost to date for each item of services performed; with the invoice, the CONSULTANT shall submit progress copies of plans, reports, specifications, details, etc. labeled as "PROGRESS PRINTS FOR INVOICE #__" and dated. The total of the progress payments shall not exceed ninety (90) percent of the total contract amount.  The remaining ten (10) percent shall be paid upon completion of the contract.

      Progress payments to the CONSULTANT will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. In accepting payment of the fee represented by this invoice, the CONSULTANT acknowledges that they have no unsatisfied claim against the COUNTY arising out of this Contract and the CONSULTANT forever releases and discharges the COUNTY and its officers, agents, and employees from any past or future claim or demand whatsoever arising out of the direct or indirect operations of the CONSULTANT under this Contract.

    • Safety and Health

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

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

      The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.

    • Insurance

      Refer to Insurance Section.

    • Insurance

      Refer to Insurance Section.

    • Travel

      All travel required to be performed in connections with the services including all meetings with COUNTY or any Government or Quasi-Government agencies, departments, hearings, discussions, explanations to be rendered under this contract shall be included in the fee and be at no additional expense to the COUNTY, unless authorized in writing by COUNTY prior to travel.

    • Related Cost

      The cost of all direct and indirect services, related services, surveys, photographs, aerial surveys, aerial photographs, tax maps, planning maps, traffic studies, supplies, testing of any land if required, compliance with regulations, laws, ordinances in effect, cost of interim documents and their reproduction as and when requested by COUNTY, shall be included in the fees and be at no additional cost to the COUNTY.

    • Advertising

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

    • Advertising

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

    • Federal, State, and Local Taxes

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

    • Conflict of Interest

      The CONSULTANT is hereby specifically prohibited from engaging in any activities which are, might be construed to be, or may give the appearance of a conflict of interest in the performance of this contract.

    • Working Hours Per Day

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

    • Federal, State, and Local Taxes

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

    • Inspection and Acceptance of Work

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

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

    • Fair Treatment of Subcontractors and Vendors

      A. The CONSULTANT must make payment to any subcontractor or vendor within 15 business days of receiving payment from the County for a CONSULTANT invoice submitted to the County that billed for services or commodities provided by that subcontractor or vendor.

      B. CONSULTANTS may not impose retainage rates upon sub-contractors that are higher than those rates imposed upon the CONSULTANT by the County. 

    • Inspection and Acceptance of Work

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

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

    • Saturdays, Sundays, Holidays, and Night Work

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

    • Errors and Omissions

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

    • Compliance with Federal Employment Regulations

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

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

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

    • Contractor Responsible for Overtime Cost

      In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTING OFFICER at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours. The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule (where applicable) for those services as deemed necessary by the COUNTY:

      Engineer ................................up to $140.00 per hour

      Inspector ................................up to $110.00 per hour

      COUNTY Staff ..................... up to $80.00 per hour

      Miscellaneous........................As Billed to the COUNTY

      Quality Control Testing.........As Billed to the COUNTY

      Other .....................................As Billed to the COUNTY

    • Errors and Omissions

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

    • Intent of Specifications

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

    • Superseding Provisions

      Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.

    • Emergency Work

      In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, they will grant permission to the CONTRACTOR to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, they may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.

    • Intent of Specifications

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

    • Construction Facilities

      The CONTRACTOR will provide, erect, maintain and remove when directed: all barricades, staging, platforms, guards, etc., as required by local codes or laws, for protection of workmen, the public, or the environment. The construction and maintenance of these items shall comply with all applicable safety codes and regulations.

    • Disputes

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

      The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.

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

    • Disputes

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

      The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.

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

    • Compliance with Federal Employment Regulations

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

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

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

    • Temporary Facilities

      Before submitting his bid, the CONTRACTOR should visit the site and should confer with the owners of the facilities to determine the use and availability of existing water, sanitary facilities, electric power, and storage space, and to determine the extent to which the CONTRACTOR will be required to provide or supplement these and other necessary facilities at their own expense.

      Where existing toilet facilities are not available, the CONTRACTOR shall provide and maintain in a sanitary condition, an enclosed fly-tight toilet located as directed by the CONTRACTING OFFICER.

    • Compliance with Federal Employment Regulations

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

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

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

    • Superseding Provisions

      Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.

    • Superseding Provisions

      Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.

    • Operating and Restoration

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

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

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

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

    • Work Stoppage by the County

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

    • Approval of Specialized Facilities

      Certain items specified elsewhere in these specifications may be required to be of an approved type for the purpose intended, as determined by a nationally recognized organization adequately equipped and competent to perform the specific inspection and approval service by examination, inspection, tests, or a combination thereof.

      Where such approval is required, the evidence of such approval shall be considered acceptable by the attachment to the article of the seal or label of the organization designated for the item specified, the inclusion by description and identification of such article in the current registry of approved items by the designated organization, or the issuance by the designated organization of a certificate acceptable to the COUNTY.

    • Safety and Health

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

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

      The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.

    • Insurance

      Refer to Insurance Section.

    • Advertising

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

    • Federal, State, and Local Taxes

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

    • Maintenance Manuals

      Prior to turning over operation and maintenance of the facilities and equipment constructed or rehabilitated under this project, the CONTRACTOR shall furnish the CONTRACTING OFFICER with seven (7) complete (and approved by the CONTRACTING OFFICER) sets of operating and maintenance manuals, manufacturer’s instructions, factory drawings, and parts lists as required for the proper maintenance and operation of equipment and related facilities furnished and installed under the contract and shall also instruct COUNTY personnel in the operation and maintenance of all mechanical and electrical equipment installed under the contract.

    • Contract Guarantee

      Except where a longer period is established elsewhere in these specifications, all work including labor, materials, and equipment performed under this contract shall be guaranteed for a period of one (l) year from date of final acceptance of the contract by the COUNTY. All guarantees embraced in or required by this contract are subject to the terms of this provision unless otherwise expressly agreed in writing by the parties to the contract. During the term of the guarantee, the CONTRACTOR, when notified by the CONTRACTING OFFICER, shall promptly replace or put in satisfactory condition in every particular, any deficiency in the guaranteed work, and shall make good all damage to the structures and grounds, and to any other material, equipment, and property which are disturbed in fulfilling the requirements of the guarantee of which have been damaged because of the deficient work.  In the event of failure by the CONTRACTOR to comply with these provisions within ten (10) work days following date of notification, the COUNTY may proceed to have such defects repaired and the CONTRACTOR and their surety shall be liable for cost incurred in connection therewith.

    • Apportioning of Contract Amount (Lump Sum)

      Before the first application for payment, the CONTRACTOR shall submit to the COUNTY a cost breakdown of the various portions of the work indicating: the estimated quantity of units of each portion of the work, the cost per unit of each portion, and the total aggregate cost of each portion. Profit and overhead shall be properly apportioned to each item and all unit and proportional costs shall aggregate the total CONTRACT sum, divided so as to facilitate payments to subcontractors. The cost breakdown shall be prepared in such form as the COUNTY may direct and be supported by such data to substantiate its correctness as the COUNTY may require. This breakdown, when approved by the COUNTY, shall be used only as a basis for the CONTRACTOR'S applications for payments.

    • Construction Program

      Following receipt of the Notice to Proceed with the work and prior to commencement of on-site operations, the CONTRACTOR shall submit to the CONTRACTING OFFICER schedule(s) of their proposed operating and progress, showing the CONTRACTOR'S estimated starting and completion dates for each element of the work, in graphic form when required, and showing also the dollar value which the CONTRACTOR proposes to establish for each such element. Failure to submit this schedule, and to obtain approval thereof and to conform to construction progress therewith, will be considered cause for postponing approval of the CONTRACTOR'S payment requests. Both the schedule of progress and the dollar value will be subject to approval and modification by the CONTRACTING OFFICER. When required by the CONTRACTING OFFICER for purposes of determining the equitableness of the CONTRACTOR'S payment request, the CONTRACTOR shall furnish evidence satisfactory to the CONTRACTING OFFICER of the sums paid by the CONTRACTOR for materials, supplies, and other items of expense.

    • Shop Drawings, Catalogs, and Samples

      Where shop drawings, catalogs, schedules, samples and related material are specified to be submitted, and whenever required by the COUNTY to be submitted, the CONTRACTOR shall submit four facsimiles for review and approval, one of which will be returned to the CONTRACTOR when approved. If the CONTRACTOR wishes additional copies returned, he may submit more than four copies, in which case the extra copies will be returned to the CONTRACTOR. The shop and diagram drawings and schedules must show completely all the work to be done, and any error or omission in the construction work because of incomplete or erroneous shop drawings, diagram drawings, and schedules shall be corrected by the CONTRACTOR at their own expense, even though the work is in place. Unless specifically requested as an exception by the CONTRACTOR, and approved by the COUNTY in writing, the approval by the COUNTY of any shop drawings, catalog, schedule, sample, and related material is limited to compliance with the contract drawings and contract specifications, and such approval by the COUNTY will not relieve the CONTRACTOR of the responsibility for errors or for failure properly to coordinate all elements of the project affected by the submitted material. All submittals shall be clearly identified.

      The COUNTY will make every effort to process all such submitted material as expeditiously as possible but it is the responsibility of the CONTRACTOR to present all such submittals at least two weeks in advance of their need for such approval, and in any event the COUNTY will entertain no request for a time extension to the contract resulting from a delay by the COUNTY in processing such submitted material unless the material is submitted in sufficient time to permit adequate review by the COUNTY commensurate with the complexity of the specific submittal. For shop drawing reviews in excess of two for each item, the COUNTY shall deduct from monies due the CONTRACTOR the cost incurred by the COUNTY for such additional reviews. When specified or requested by the CONTRACTING OFFICER, the CONTRACTOR shall submit a certificate executed by the manufacturer certifying that the materials or equipment to be incorporated in the work comply with the requirements of these specifications.

    • Inspection and Acceptance of Work

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

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

    • Errors and Omissions

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

    • Intent of Specifications

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

    • Disputes

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

      The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.

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

    • Fair Treatment of Subcontractors and Vendors

      A. The CONTRACTOR must make payment to any sub-contractor or vendor within 15 business days of receiving payment from the COUNTY for a contractor invoice submitted to the COUNTY that billed for services or commodities provided by that sub-contractor or vendor.

      B. CONTRACTORS may not impose retainage rates upon sub-contractors that are higher than those rates imposed upon the CONTRACTOR by the COUNTY.

    • Compliance with Federal Employment Regulations

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

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

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

    • Superseding Provisions

      Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.

    Submission Requirements

    • Provide the company formation date. (required)

      A qualified Quoter, Bidder, or Offeror must be actively engaged as a legal entity in the field of work described in Section 4.4 for a period of no less than five (5) at the due date for quote/bid/proposal.

      Month/Day/Year as ##/##/####

      (e.g.: "11/08/2015")

    • Certification of agreement to solicitation terms and providing legally binding response. (required)

      I certify that I have read, understood and agree to all the terms and conditions in this solicitation, and that I am authorized to submit this legally binding response on behalf of my company.

    • Acknowledgement of addenda and supplements. (required)

      Quoters, Bidders, Offerors shall acknowledge receipt of all addenda and supplements issued by the County in the eProcurement Portal. If it becomes necessary to revise any part of this solicitation, a supplement to the solicitation will be issued formally via an addendum posted on the County eProcurement Portal. Oral statements made by the County personnel shall not bind the County and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement. It is the responsibility of the Quoter, Bidder, Offeror to check the County eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.

    • Certification of good standing. (required)

      Quoter, Bidder, Offeror shall acknowledge compliance with the following:

      In order to be eligible for award, Quoter, Bidder, Offeror shall meet the following conditions prior to contract award.:

      1. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.
      2. All payments to Charles County Government have been paid and are not delinquent.
      3. Their firm is in "good standing" with the State of Maryland Department of Assessments and Taxation.
    • Specific terms and conditions certification. (required)

      By submitting a quote, bid, proposal in response to this RFQ, ITB, RFP, the Quoter, Bidder, Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFQ, ITB, RFP or any Appendices is made part of this solicitation package. Specifically, the Quoter, Bidder, Offeror also acknowledges the following:

      1. The contact information provided shall be used by the County to communicate with Quoter, Bidder, Offeror.
      2. The Quoter, Bidder, Offeror is licensed or will be licensed to do business in the State of Maryland prior to contract award.
      3. The Quoter, Bidder, Offeror complies with and takes no exceptions to all requirements of the RFQ, ITB, RFP.
      4. The quote, bid, proposal is valid for a minimum of one hundred twenty (120) days from the final quote, bid, proposal due date.
      5. The quote, bid, proposal is submitted in accordance with the County's Notice to Quoters, Bidders, Offerors requesting quotes, bids, proposals to be received for the work outlined in the RFQ, ITB, RFP. 
      6. The Quoter, Bidder, Offeror certifies that their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.
      7. The Quoter, Bidder, Offeror agrees to furnish all services as outlined in the RFQ, ITB, RFP for the prices listed on the Quotation, Bid, Cost Proposal Form. 
      8. The Quoter, Bidder, Offeror is cautioned and agrees that the dollar amount of a quote, bid, proposal is a business decision of the bidder and should take into consideration the costs of doing business, such as: resources required to perform, business risk, etc.
      9. The Quoter, Bidder, Offeror agrees not to engage in any discriminatory practices and affirms that it has implemented policies and/or procedures to prevent discrimination in its operations. The Contractor further agrees to provide evidence of such policies/procedures upon request. 
    • Respondent Submission Package
    • Reference Forms - Three (3) (required)

      The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, and upload.

      Bidder/Offeror/Quoter must provide the number of projects successfully completed in the time period specified in the Solicitation Document(s), similar in nature and scope to the work required in the solicitation. “Completed” means accepted and final payment issued by the Owner. Firms which, in the sole opinion of the County, lack sufficient specific experience, may be deemed non-responsible, and will not be considered for this project. Incomplete forms or statements such as “See Attached” may be deemed non-responsive. This form may be duplicated if additional space is required. Letters of testament are desirable, but not required.

    • Vendor Disclosure Form (required)

      Please download the below documents, complete, and upload.

    • Itemized Price List (required)

      Please download the below documents, complete, and upload.

    • Proposed Sub Contractors Form (required)

      The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, sign, and upload.

    • Minority and Women-Owned Business Enterprise (MWBE) Compliance Plan Forms (required)

      The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, sign where applicable, and upload.

    • Non-Collusion Affidavit Form (required)

      The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, sign, notarize, and upload.

    • Small Local Business Enterprise (SLBE) Certification Form & Official Letter of SLBE Intent (required)

      The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, sign, and upload.

    • Respondent Technical Proposal Package Submittal (required)

      Upload your complete technical proposal package response, including any and all required forms listed in the solicitation and the corresponding attachments.

      Refer to Section 3. - Technical Proposal Submission Content Section.

      (Do not upload cost information)

    • OPTIONAL: Respondent Redacted Submission Package - Maryland Public Information Act Notice

      Requests for Proposals and Requests for Qualifications only. If applicable, upload your complete redacted submission package, including any and all required forms listed in the solicitation and the corresponding attachments.

      Offerors should give specific attention and identification of those specific portions of their submissions which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal/quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act. Offerors/ may not declare their entire bid/proposal/quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.

    • Project Type (required)

      Select all that apply.

    Questions & Answers

    Q (Questions): Section 3.5 Please provide the Experience Form as it is not on the portal or attached to the RFP, and please clarify how this form is different than the SF330 Project Summaries and the Reference Form. Are all three required? Section 9.1 Please clarify if stormwater conveyance includes both storm drain and stormwater facility review.

    A: Section 3.5 - Tab 4 - Firm Experience has been revised to reflect Reference Form. Offerors must submit their completed Reference Forms as part of the Original Proposal Package and the Technical Proposal Package. Yes, the SF330 is required per Section 3.3 - Tab 2 - Standard Form (SF) 330. Yes, stormwater conveyance includes storm drain and stormwater facility review.


    Key dates

    1. March 16, 2026Published
    2. April 21, 2026Responses Due

    AI classification tags

    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

    SamSearch Platform

    Stop searching. Start winning.

    AI-powered intelligence for the right opportunities, the right leads, and the right time.