middletown road and billingsley road roundabout design

CHARLES COUNTY, MARYLAND

Middletown Road and Billingsley Road

Roundabout Design

REQUEST FOR PROPOSAL NUMBER: 13-13

Prepared By:

Capital Services Division

Department of Planning and Growth Management

December 20, 2012

Middletown Road and Billingsley Road Roundabout RFP No. 13-13

Table of Contents

DIVISION I INSTRUCTIONS TO OFFERORS........................................................................... .............................I - 1

PREPARATION OF PROPOSAL........................................................................................ .................I - 1

PRE-PROPOSAL MEETING ................................................................................................. ............ I - 1

ADDITIONAL INFORMATION .......................................................... .............................................. I - 1

DUE DATE / SUBMISSION OF PROPOSAL........................................................................... .............I - 2

ADDENDUMS AND SUPPLEMENTS TO THE SOLICITATION................................................. ............. I - 2

INCURRING COSTS………………………………............................................................................ ............. I - 2

NEWS RELEASES…………………………………............................................................................. .............I - 2

MARYLAND PUBLIC INFORMATION ACT ………....................................................... ........................ I - 2

MINORITY BUSINESS ENTERPRISE PROGRAM................................................................... ............. I - 2

SMALL LOCAL BUSINESS ENTERPRISE PROGRAM............................................................ ................I - 3

SUBCONTRACTORS………………………………........................................................................... ............. I - 3

INDEMNIFICATION CLAUSE…………………............................................................................. ............ I - 3

INSURANCE REQUIREMENTS………………............................................................................. ............ I - 4

PROTESTS……………………………………………............................................................................ ............ I - 4

REJECTION OF PROPOSALS………………….............................................................................. ........... I - 5

EVALUATION OF PROPOSALS……………………………………………………………………………………………. ...........I - 5

AWARD OF CONTRACT…………………………………………………………………………………………………… ............. I - 5

TERM OF CONTRACT……………………………………………………………………………………………………… ..............I - 6

PERFORMANCE AND PAYMENT BONDS…………………………………………………………………………. .............I - 6

PAYMENT OF TAXES………………………………………………………………………………………………………. ......... ….I - 6

ELIGIBILITY FOR AWARD………………………………………………………………………………………………… ............ I - 6

METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS RIDER CLAUSE………………… ............ I - 6

COST PROPOSAL FORM…………………………………………………………………………………………………. . ............ I - 8

SAMPLE CONTRACT………………………………………………………………………………………………………. ............ . I - 10

ADDENDUM CERTIFICATION…………………………………………………………………………………………. ............ . I - 12

INTENDED NON-MBE SUBCONTRACTORS………………………………………………………………………. ............ I - 13

MBE UTILIZATION AFFIDAVIT............................................................................................ ............ I - 14

PROPOSED MBE SUB-CONTRACTORS.............................................................................. .............. I - 15

NON COLLUSION AFFIDAVIT........................................................................................... ............... I - 16

DIVISION II SPECIAL PROVISIONS ....................................................................................................................II-1

GENERAL PROVISIONS…………………………………………………………………................................................II-29

APPENDICES HOLIDAY SCHEDULE......................................................................................................... ........... APP - 2

CIP ROW PLAT PROCEDURES........................................................................................................APP - 3 CS PLAT ENGINEER SUBMISSION CHECKLIST.................................................................................APP - 7

STANDARD REQUIREMENTS FOR EASEMENT AND RIGHT-OF-WAY PLATS........ ........................... APP - 8

VICINITY MAP .............................................................................................................................APP - 12

AERIAL MAP…………………………………………………………………………………………………………………..………… APP - 13

ARCHITECT - ENGINEER QUESTIONNAIRE........................................................................ ………….APP - 14


DIVISION I


I - 1

INSTRUCTIONS TO OFFERORS

1. PREPARATION OF PROPOSAL:

Proposals must be responsive to the scope, specifications, and all other criteria specified herein. Proposals shall be submitted on the "Cost Proposal Form", attached hereto. All blank spaces of the

form shall be fully completed, the proposed Total Sum shall include all work as stipulated in the Scope

of Services. and the form signed by an officer authorized to make a binding commitment for the

firm proposing. No exceptions may be taken to the requirements of this solicitation.

Complete and submit a Standard Form (SF) 330 “Architect/Engineer Related Services for Specific

Project” and insert requested information. All blank spaces of the form must be fully completed. The SF

330 may be found on the Charles County Bid Board.

A complete Proposal package shall include a cover letter stating that the offeror is or will be

licensed to do business in the State of Maryland prior to February 1, 2013, and that the offeror

has complied with and takes no exceptions to all requirements of the RFP; and the following

forms: Cost Proposal Form, Addendum Certification, Intended Non-MBE Subcontractors form,

MBE Utilization Affidavit, Proposed MBE Subcontractors form, and Non-Collusion Affidavit.

Offerors shall submit an unbound original and seven (7) copies of the Cost Proposal Form and SF-

330. Proposals shall be sealed in an envelope marked “RFP No. 13-13, Middletown and

Billingsley Roads Roundabout - DO NOT OPEN”. Proposals must be received prior to the time

and date specified herein. Submit proposals to:

Fred Shroyer, Chief of Purchasing

Charles County Government

Address for USPS Mail delivery: Physical address for courier delivery:

P.O. Box 2150 200 Baltimore Street

La Plata, MD 20646 La Plata, MD 20646

2. PRE-PROPOSAL MEETING: A pre-proposal meeting will be held at 10:00 A.M., on

January 10, 2013, in the Commissioners’ Meeting Room (Room # A127 ) of the Charles

County Government Building, 200 Baltimore Street, La Plata, MD, 20646.

3. ADDITIONAL INFORMATION:

Inquiries concerning the procurement process/solicitation documents should be directed to Fred

Shroyer, Chief of Purchasing, Purchasing Office, Charles County Government at 301-645-0656.

Questions of a technical nature, should be directed, in writing only (via e-mail or fax) to:

Arthur A. Swann, Jr., Program Manager

Capital Services Division

Department of Planning & Growth Management

Fax: (301) 638-2403 e-mail: [email protected]

All questions must be received prior to the close of business on January 11, 2013.

mailto:[email protected]


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4. DUE DATE / SUBMISSION OF PROPOSAL:

All proposals must be received before 3:00 P.M. on January 23, 2013, and shall be valid and

irrevocable for a minimum of one hundred-twenty (120) days from the due date. Submission,

modification, or withdrawal of proposals after the due date/time will NOT be considered.

5. ADDENDUMS AND SUPPLEMENTS TO THE SOLICITATION:

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.

If any person contemplating submitting a proposal in response to this solicitation is in doubt as to

the true meaning of any part of the Specifications, they may submit to the County, a minimum of

fourteen (14) calendar days prior to the scheduled due date, a written request for an interpretation

or correction thereof. The person submitting the request will responsible for its prompt delivery.

Any interpretation, correction, changes to the solicitation will be made only by addendum

duly issued, and will be posted on the County Bid Board found at www.charlescounty.org –

Click on “Procurement Opportunities” and then “Bid Board”. 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 proposal schedule is presented by

addendum. It is the responsibility of the Offeror to check the County Bid Board as

frequently as necessary to obtain all updates and addenda to the solicitation.

6. INCURRING COSTS:

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

7. NEWS RELEASES:

No news releases pertaining to this proposal request or the service, study, or project to which it

relates will be made without County approval.

8. MARYLAND PUBLIC INFORMATION ACT:

Offerors 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 proposal, 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 proposal

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.

9. MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM:

Bidders are advised that Charles County Government has established an MBE Program which

applies to all formal solicitations. There is an aspirational minimum goal of 25% MBE

participation for each project.

http://www.charlescounty.org/


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The County recognizes, as Minorities, the following groups: African Americans; American

Indians/Native Americans; Asians; Hispanics; Women; Physically or Mentally Disabled persons

and Disabled American Veterans. The County will automatically recognize MBE status for any

firm certified by the Maryland State Highway Administration, Federal 8-A registration or

Charles County Government. Information concerning the Charles County MBE Registration

Process may be obtained by contacting the Charles County Purchasing Office, at (301) 645-

0656.

The bidding documents included herein contain a form entitled “Minority Business Enterprise

Utilization Affidavit”. This document indicates the MBE certification status of the bidder, as

well as the level of MBE participation of any sub-contractor or suppliers. Bidders are required to

complete the form and submit it with their bid, even if there will be no MBE participation.

10. SMALL LOCAL BUSINESS ENTERPRISE (SLBE) PROGRAM:

Bidders are advised that Charles County Government has established a Small Local Business

Enterprise (SLBE) Program which may apply to a formal solicitation resulting in an award of

less than $500,000.

This solicitation is subject to the SLBE Program. Registered Charles County SLBE firms

responding to this solicitation will receive a preference in accordance with the provisions of the

Program if they:

Are registered in the Charles County SLBE Program and eligible in all other respects, at

the time the firm’s bid/proposal is submitted.

Clearly identify their SLBE status and supply their SLBE registration number in the

cover letter accompanying their bid/proposal.

11. SUBCONTRACTORS:

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. Where two or more

bidders 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. Subcontracts for any portion of this contract

must be clearly identified in the offeror’s proposal. Subcontracts are subject to DBE

requirements detailed herein.

12. INDEMNIFICATION CLAUSE:

The contractor shall protect, hold free and harmless, defend and indemnify Charles County,

including its officers, agents, and employees from all liability, penalties, costs, losses, damages,

expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury

to, or death of, any person or damage to property of any kind, which injury, death or damage

arises out of, or is any way connected with the performance of the work under this contract. This

agreement shall apply to any acts or omissions, negligent conduct, whether active or passive,

including acts or omissions of contractor’s agents or employees; except that this agreement shall

not be applicable to injury, death or damage to the property arising from the sole negligence of

Charles County, it’s officers, agents and employees.


I - 4

13. INSURANCE REQUIREMENTS:

The Contractor shall provide, at his expense, professional liability insurance with a limit of not

less than $1,000,000, and Workmans’ Compensation insurance as required by law. Certificate(s)

of insurance must be provided before any contract or agreement with the County may be

executed and any work for the County performed. If the insurance obtained requires deductibles,

the Contractor shall pay all costs not covered because of such deductibles. All insurance policies

must remain in effect the full duration of the contract. Proof of Insurance will be required.

14. PROPOSAL/BID/AWARD PROTESTS:

All protests made pursuant to this solicitation must be in writing and delivered to the Chief of

Purchasing: (a) within ten (10) calendar days after the Purchasing Office has publicly posted the

proposed contract award, if the bidder seeks as a remedy the award of the contract, or (b) before

the submission date for bids, if the bidder seeks as a remedy the cancellation or amendment of

the solicitation. 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/bidder, 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.

Only an offeror/bidder who is “aggrieved” is eligible to file a protest. Aggrieved means that the

offeror/bidder who is filing the protest is susceptible for an award of the contract if the protest is

sustained (e.g., a fourth ranked bidder is not aggrieved unless the grounds for a protest, if

sustained, would disqualify the top three ranked offerors/bidders 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/bidder; a statement

supporting that the offeror/bidder 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/bidder

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/bidder

making the protest.

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 were dismissed by the Chief of Purchasing. 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/bidder 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. All decisions of the Chief of Purchasing shall be final, and not subject to

appeal.


I - 5

15. REJECTION OF PROPOSALS:

Although not intended to be an exhaustive list of causes for disqualification, any one or more of

the following causes, among others, may be sufficient for the disqualification of a bidder/offeror

and the rejection of its bid/proposal:

Evidence of collusion among offerors.

Lack of competency revealed by financial statements, experience, equipment

statements, or other factors.

Lack of responsibility as shown by past work, judged from the standpoint of

workmanship as submitted or from previous experience with the offeror.

Default on a previous similar contract for failure to perform.

The County reserves the right to reject any/all bids, to waive irregularities and/or

informalities in any bid, and to make award in any manner, consistent with law, deemed in

the best interest of the County

16. EVALUATION OF PROPOSALS: Criteria to be used in the elevation of proposals and any subsequent award will include, but not

be limited to the following:

A. Statement of Qualifications (SF-330) 50%

B. Cost Proposal (Lump Sum) 50%

The evaluation of proposals will be conducted by an evaluation. Each member of the committee

shall evaluate the proposals independent of the other members, after which, scores will be

combined/averaged and a scoring matrix will be developed. Once a contract award has been

made, the County will notify all firms accordingly and will also provide copy of the scoring

matrix.

The County may require offerors to make oral presentations in order to clarify their proposals.

17. AWARD OF CONTRACT:

The County intends to award this contract on the basis of a combination of the evaluation of both

the offerors’ experience and qualifications, as well as the fee proposed. 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 will include: the

offeror’s demonstration of their understanding of the work to be performed, past experience,

technical ability, financial and 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. The contract entered into with the

successful bidder shall meet all standard provisions required by the County and by any involved

government agencies.

The County intends to contract with a single firm and not with multiple firms doing business as a

joint venture. 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


I - 6

contract. The Contract documents will consist of the Contract, this Solicitation, the Offeror’s

proposal, and any addenda or other modifications to the solicitation.

18. TERM OF CONTRACT:

The engineer selected shall complete scope of work and all requirements contained herein within

240 consecutive calendar days of a start date to be specified in a written a Notice to Proceed

issued by the County.

19. PERFORMANCE AND PAYMENT BONDS: NOT APPLICABLE TO RFP 13-13

A. Performance Bond and a Labor & Materials Payment Bond, each in the following amounts

based upon the estimated contract amount will be required for this Contract, from sureties

licensed to do business in the State of Maryland and satisfactory to the County. (See pages I-17

to I-19).

20. 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.

21. ELIGIBILITY FOR AWARD:

By submitting a bid/proposal in response to this solicitation, the 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.

22. METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS RIDER

CLAUSE: Use of contract(s) by members comprising the Metropolitan Washington Council of

Governments Purchasing Officers’ Committee.

Extension to Other Jurisdictions Charles County Government extends the resultant contract(s), including pricing, terms and

conditions to the members of the Chief Purchasing Officers Committee of the Metropolitan

Washington Council of Governments, the members of the Baltimore Regional Cooperative

Purchasing Council, as well as all other public entities under the jurisdiction of the United States

and its territories. The bidder/contractor may decline to extend the Contract to other entities.

Inclusion of Governmental & Nonprofit Participants This shall include but not be limited to private schools, Parochial schools, non-public schools

such as charter schools, special districts, intermediate units, non-profit agencies providing

services on behalf of government, and/or state, community and/or private colleges/universities

that required these goods, commodities and/or services.

Notification and Reporting

The Contractor agrees to notify the issuing jurisdiction of those entities that wish to use any

contract resulting from this solicitation and will also provide usage information, which may be

requested. The Contractor will provide the copy of the solicitation and resultant contract

documents to any requesting jurisdiction or entity.


I - 7

Contract Agreement Any jurisdiction or entity using the resultant contract(s) may enter into its own contract with the

successful Contractor(s). There shall be no obligation on the party of any participating

jurisdiction to use the resultant contract(s). Contracts entered into with a participating

jurisdiction may contain general terms and conditions unique to that jurisdiction Including, by

way of illustration and not limitation, clauses covering minority participation, non-

discrimination, indemnification, naming the jurisdiction as an additional insured under any

required Comprehensive General Liability policies, and venue.

Chief Purchasing Officers Committee & Baltimore Regional Cooperative Purchasing

Council Members: ___ Alexandria, Virginia

___ Alexandria Public Schools

___ Alexandria Sanitation Authority

___ Arlington County, Virginia

___ Arlington County Public Schools

___ Bladensburg, Maryland

___ Bowie, Maryland

___ BRCPC

___ Charles County Public Schools

___ College Park, Maryland

___ Culpeper County, Virginia

___ District of Columbia Government

___ District of Columbia Public Schools

___ Dist. of Columbia Water & Sewer Auth.

___ Fairfax, Virginia

___ Fairfax County, Virginia

___ Fairfax County Water Authority

___ Falls Church, Virginia

___ Fauquier County Schools & Government

___ Frederick, Maryland

___ Frederick County, Maryland

___ Gaithersburg, Maryland

___ Greenbelt, Maryland

___ Herndon, Virginia

___ Leesburg, Virginia

___ Loudoun County, Virginia

___ Loudoun County Public Schools

___ Loudoun County Water Authority

___ Manassas, Virginia

___ City of Manassas Public Schools

___ Manassas Park, Virginia

___ Maryland-National Capital Park & Planning Comm.

___ Maryland Department of Transportation

___ Metropolitan Washington Airports Authority

___ Metropolitan Washington Council of Governments

___ Montgomery College

___ Montgomery County, Maryland

___ Montgomery County Public Schools

___ Northern Virginia Community College

___ OmniRide/Potomac & Rapp. Trans. Comm.

___ Prince George's Community College

___ Prince George's County, Maryland

___ Prince George's Public Schools

___ Prince William County, Virginia

___ Prince William County Public Schools

___ Prince William County Service Authority

___ Rockville, Maryland

___ Spotsylvania County

___ Spotsylvania County Government & Schools

___ Stafford County, Virginia

___ Takoma Park, Maryland

___ Upper Occoquan Service Authority

___ Vienna, Virginia

___ Washington Metropolitan Area Transit Authority

___ Washington Suburban Sanitary Commission

___ Winchester, Virginia

___ Winchester Public Schools


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FIRM’S NAME AND ADDRESS:

Date:

COST PROPOSAL FORM

The County Commissioners of Charles County, Maryland

Charles County Government Building

Post Office Box 2150

La Plata, Maryland 20646

Honorable Commissioners:

This bid is submitted in accordance with your “Notice to Engineers” inviting proposals to

be received for the work outlined in the “Scope of Services” attached hereto for RFP No. 13-13,

Middletown Road and Billingsley Road Roundabout

Having carefully examined the proposal documents, the undersigned herein agrees to

furnish all services as outlined in the proposal documents for the amounts specified below for

each plan review.

BASE PROPOSAL

PLAN DESIGNS, BID DOCUMENTS, ESTIMATES, AND PERMITTING

ITEM

NO.

ITEM

UNIT

Approximate

Quantities DESCRIPTION OF BASE PROPOSAL ITEMS UNIT PRICE TOTAL AMOUNT

101 LS 1 Field Survey $

102 LS 1 Design and Permitting Plans, Reports, Specifications, Estimates $

TOTAL Base Proposal Items<> $

CONTINGENT ITEMS

ITEM

NO.

ITEM

UNIT

Approximate

Quantities DESCRIPTION OF CONTINGENT ITEMS UNIT PRICE TOTAL AMOUNT

103 EA 6 Contingent - Final Metes and Bounds Right of Way and

Easement Plats

$

104 EA 6 Contingent – Metes and Bounds Surveys- Stakeout of Right of

Way

$

TOTAL Contingent Items<> $


I - 9

COST PROPOSAL FORM Cont’d

The undersigned has caused this Proposal to be executed as of the day and year indicated above.

(Signature)

(Printed Name)

(Title)

(Phone) (Fax)

By submitting a bid/proposal in response to this solicitation, the 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.


I - 10

SAMPLE CONTRACT

THIS CONTRACT, made this day of , in the year 2013,

by and between ___________________________________hereinafter called the ENGINEER,

and the CHARLES COUNTY COMMISSIONERS, hereinafter called the COUNTY.

WHEREAS, the ENGINEER will provide the necessary services for Proposal No. 13-13,

Middletown Road and Billingsley Road Roundabout, in CHARLES COUNTY,

MARYLAND subject to all conditions, covenants, stipulations, terms and provisions contained

in the General Provisions and Special Provisions being in all respect made a part hereof, at and

for a sum equal to the aggregate cost of the services, materials, and supplies done or furnished, at

the prices and rates respectively named therefore in the proposal, attached hereto;

NOW, THEREFORE, THIS CONTRACT WITNESSETH, that the ENGINEER both

hereby covenant and agree with the COUNTY that he will well and faithfully provide said

necessary services for the sum of ___________________________________________Dollars

($ ) in accordance with each and every one of the above-mentioned General

Provisions and Special Provisions, at and for a sum equal to the aggregate cost of the services,

materials, and supplies done and furnished at the prices and rates respectively named therefore in

the proposal attached hereto and will well and faithfully comply with and perform each and

every obligation imposed upon him by said General Provisions and Special Provisions.

The ENGINEER hereby agrees to commence work under this CONTRACT on or before

a date to be specified in a written a Notice to Proceed from the COUNTY and to fully complete

the project within two-hundred and forty, (240) consecutive calendar days thereafter.


I - 11

And the COUNTY doth hereby covenant and agree with the ENGINEER that it will pay

to the ENGINEER when due and payable under the terms of said General Provisions and Special

Provisions, the above-mentioned sum; and it will well and faithfully comply with and perform

each and every obligation imposed upon it by said General Provisions and Special Provisions or

the terms of said award.

IN WITNESS WHEREOF, said

and the COUNTY have caused these presents to be executed in the year and day first above

mentioned.

County Commissioners of

(Name of Firm) Charles County, Maryland

By: ____________________________ By: ________________________________

Candice Quinn Kelly

President (Title) (Title)

_________________________________________ __________________________________________ (Date) (Date)

Approved as to Form: (Address)

(City and Zip Code) (County Attorney)

(Witness)

(Date)

(Secretary)

(SEAL)

Note: If ENGINEER firm is a corporation, Secretary should Attest.


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ADDENDUM CERTIFICATION

Proposal Number: 13-13

Project Name: MIDDLETOWN ROAD AND BILLINGSLEY ROAD ROUNDABOUT

The undersigned acknowledges that he/she received the following Addenda to the Specification for

the above-identified proposal, and that this proposal was prepared in accordance with said Addenda.

Addendum Number: Date of Addendum:

______________________________ _______________________________

______________________________ _______________________________

______________________________ _______________________________

______________________________ _______________________________

_______________________________

(Proposer)

_______________________________

_______________________________

(Address)

_______________________________

________________________________________ __________________________

(Signature) (Date)


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INTENDED NON-MBE SUB-CONTRACTORS

Project RFP 13-13, Middletown Road and Billingsley Road Roundabout

Note: Any MBE sub-contractors intended for this project should be identified on the “Proposed MBE

Sub-Contractors” form found on page I-15.

Sub-contractor

(Name and Address) Work to be performed

Bidder:

Address:

Signature: Date:

All Bidders are required to complete this form and submit it with their proposal.

If no sub-contractors will be used, enter “None”


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All Bidders are required to complete this form and submit it with their proposal.

If Offeror is not an MBE, check “No”.

CHARLES COUNTY MINORITY BUSINESS ENTERPRISE UTILIZATION AFFIDAVIT

BID/RFP NO. 13-13 Name of Bidder/Proposer: _________________________________________________ Please respond to the following questions: Check One

Yes No 1. Certified Minority Business Enterprise? ______ ______

1. a. Certified by: State of Maryland? ______ ______

b. Federal 8-A Registration? ______ ______

c. Charles County Local Government? ______ ______ d. Other (please list) _______________________ 2. Principle Owner’s Minority Class (please check): African American_____ Asian American____ Hispanic American_____ Native American _____ Women_____ Other (please list) ________________ 2. If the response to Question 1 is no, have Minority Business Enterprises provided services, or supplied any items associated with your response to this Request for Proposal or Invitation to Bid? ______ ______ NOTE: If the response to Question 2 is yes, please include a list of all MBE subcontractors, names and addresses, the nature of the services or supplies being furnished, percentage of the overall contract amount and complete the remainder of this form. If the response to Question 2 is no, please provide signature and title at bottom of form. Total Proposal $ ________________ Total Minority Business Enterprise Bid/Proposal $ ________________ Percent of Total Minority Business Enterprise Contract $ ________________ ______________________ Signature Title


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PROPOSED MBE SUB-CONTRACTORS

COMPANY NAME & ADDRESS: _______________________________________________

(Include City, State, Zip Code

and County) _______________________________________________

_______________________________________________

PRODUCT / SERVICES _______________________________________________

_____________________________________________________________________________

*MINORITY CLASS _______________ PERCENT OF PARTICIPATION ______________

……………………………………………………………………………………………………



and County) _______________________________________________

_______________________________________________

PRODUCT / SERVICES _______________________________________________

_____________________________________________________________________________

……………………………………………………………………………………………………



And County) _______________________________________________

_______________________________________________

PRODUCT / SERVICES ____________ PERCENTAGE OF PARTICIPATION __________

_____________________________________________________________________________

*MINORITY CLASS _______________ PERCENTAGE OF PARTICIPATION ___________

……………………………………………………………………………………………………… If additional space is needed, please submit information on a separate sheet and attach hereto….

*See Page I-3 for a list of Minority Classes


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NON-COLLUSION AFFIDAVIT

I do solemnly declare and affirm, under the penalties of perjury, the following:

1. That neither I, nor the best of my knowledge, information and belief, the Bidder / Offerer,

nor any officer, director, partner, member, associate or employee of the Bidder / Offerer,

nor any person in his behalf, has in any way agreed, connived or colluded with any one

for and on behalf of the Bidder / Offerer, to obtain information that would give the

Bidder / Offerer an unfair advantage over others, nor gain any favoritism in the award of

this contract, nor in any way to produce a deceptive show of competition in the matter of

bidding or award of this contract.

2. That neither I, nor the best of my knowledge, information and belief, the Bidder / Offerer,

nor any officer, director, partner, member, associate of the Bidder / Offerer, nor any of its

employees directly involved in obtaining contracts with the State of Maryland or any

County or any subdivision of the State has been convicted of bribery, attempted bribery

or conspiracy to bribe under the laws of any State or Federal Government of acts or

omissions committed after July 1, 1977, except as noted below: All pursuant to Article

78A, Section 16D of the Annotated Code of Maryland.

__________________________________________

Signature

__________________________________________

Name and Title of Signer

__________________________________________

Company

__________________________________________

Date

Subscribed to and sworn to before me, a Notary Public of the State of _____________________,

County or City of __________________ this year and date first above written

________________________________ ________________________________________

Notary Public My Commission Expires


DIVISION II


SPECIAL PROVISIONS

TABLE OF CONTENTS

TITLE Starting Page No.

I. General....................................................................................................................II-1

A. Project Description…………………………………………………… ....II-1

B. Background ...............................................................................................II-1

C. Design Intent .............................................................................................II-2

D. County Data and Material .........................................................................II-2

E. Progress Meetings and Work Sessions ......................................................II-2

F. Contingent Items ........................................................................................II-3

II. Scope of Services ..................................................................................................II-3

A. Permits and Submissions ..........................................................................II-4

B. Roundabout Design Criteria ......................................................................II-5

C. Project Schedule ........................................................................................II-5

D. Travel ........................................................................................................II-5

III. Design Standards .................................................................................................II-5

A. Design Standards.......................................................................................II-5

IV. Submissions, Meetings, & Reports ......................................................................II-6

A. Required Meetings, Submissions, & Reports ...........................................II-6

B. Submission Guidelines for Meetings, Submissions, & Reports ...............II-7

C. Submission Guidelines- Requirements .....................................................II-7

V. Scope of Services- Preliminary Investigation Stage ............................................II-15

A. Field Surveys.............................................................................................II-15

B. Roadway Design .......................................................................................II-15

C. Geotechnical Program ...............................................................................II-15

D. Preliminary Design Plans (30%) ...............................................................II-16

E. Preliminary Investigation and Report ........................................................II-16

F. Preliminary Investigation Report Submission ...........................................II-16

G. Estimates ...................................................................................................II-16

H. Meetings and Hearings..............................................................................II-16

VI. Scope of Services- Right of Way ........................................................................II-17

A. Right of Entry............................................................................................II-17

B. Metes and Bounds Surveys .......................................................................II-17

C. Right of Way Mosaic ................................................................................II-17

D. Final Metes and Bounds Plats ...................................................................II-17

E. Property Owner Information Meetings .....................................................II-18

VII. Scope of Services- Final Design Stage ...............................................................II-18

A. Final Plans .................................................................................................II-18

B. Project Specifications ................................................................................II-18

C. Stormwater Management and Erosion and Sediment Control ..................II-19

D. Wetland Impacts and Mitigation ...............................................................II-19

E. Forested Areas ...........................................................................................II-19


SPECIAL PROVISIONS

TABLE OF CONTENTS Cont’d

F. Utilities ......................................................................................................II-19

G. Applications, Permits, and Approvals.......................................................II-20

H. Meetings and Hearings..............................................................................II-20

I. Estimates .....................................................................................................II-20

J. Data and Material to be provided by the Engineer .....................................II-20

K. Bid Documents ..........................................................................................II-20

VIII. Advertisement Stage .........................................................................................II-21

A. Final Permitted Drawings & CDs .............................................................II-21

B. Pre-Bid Conference ...................................................................................II-21

C. Technical Support .....................................................................................II-21

IX. Time for Completion ...........................................................................................II-21

A. Time is of the Essence ..............................................................................II-21

B. Notice to Proceed ......................................................................................II-21

C. Schedule ....................................................................................................II-22

X. Miscellaneous......................................................................................................II-22

A. Qualified Signatures ..................................................................................II-22

B. Property Owner Notification .....................................................................II-23

C. Private Utility Survey ................................................................................II-25

D. Deviations from Charles County Regulations ..........................................II-27


II - 1

SPECIAL PROVISIONS - SCOPE OF SERVICES

I. GENERAL:

A. PROJECT DESCRIPTION:

The Charles County Department of Planning and Growth Management (THE

COUNTY) is seeking Requests for Proposals (RFP) for the design of a project

that encompasses the design of a closed section urban double lane roundabout at

the intersection of Middletown Road and Billingsley Road. The current roadway

conditions consist of 3-way stop with left turn and right turn movements from

Billingsley Road onto Middletown Road. Design services will be to engineer and

permit improvements to this intersection to an urban double lane roundabout to

meet the current Federal Highway Administration, State, and County standards.

The Middletown Road and Billingsley Road Roundabout as selected by the

County Commissioners, has been included herein. Such things which could affect

the design include, but are not necessarily limited to, vertical and horizontal

alignment location of existing utility poles, existing water and sewer lines, storm

drains, gas lines, wells, septic systems and topography and existing features

developed as part of this contract. The RFP shall be from engineering firms, either

multi-disciplined or with sub-consultants, that are qualified to conduct surveys,

geotechnical surveys, design, stormwater management, landscaping, and prepare

right of way plats and bid documents and all other details necessary for permitting

and construction of these improvements.

The scope of work involves the design of a 3 leg urban two lane roundabout. The

design shall incorporate turning movements for WB 67 vehicles, raised splitter

islands, truck apron, landscaping, overhead street lighting, and consideration for

pedestrian crossings where applicable. The engineer shall provide a design that

meets Middletown Roads ultimate County roadway classification of a minor

arterial roadway. The Consultant Engineer shall design to the latest standards of the

MDSHA-Roundabouts & Informational Guide 2nd Edition and the Federal Highway

Administration Publication No. FHWA-RD-00-067.

The ENGINEER will be provided with an aerial plan by Charles County showing

the limits of work for Middletown Road and Billingsley Road Roundabout. The

project objective is to design and permit a proposed new construction contract.

The ENGINEER shall include all work, within his scope of services rendered,

necessary to complete the design, and acquire all applicable local, State and

Federal permits. Relevant research, surveying, design, stormwater management,

and permitting shall include, but not necessarily be limited to, pavement,

drainage, stormwater management, sediment control, wetlands, forest

conservation, clearing, property mosaic, private and public utility field

designation, etc.

B. BACKGROUND:

As part of the construction of Phase 4 of the Cross County Connector roadway,

the intersection of Middletown Road and Billingsley Road (southern intersection)


II - 2

was truncated with the relocation of one leg of Billingsley Road. In the absence of

the Cross County Connector, this intersection receives a high volume of traffic

during peak travel hours and requires geometric re-design in order to improve

traffic safety. After evaluating several intersection design options, a round-about

was found to yield the greatest improvement in both traffic flow and vehicle

safety. This project will construct a two-lane round-about to accommodate any

future improvements, but will be striped for one lane of traffic with a wide

shoulder, allowing fire-trucks, busses, and large vehicles to navigate the circle.

C. DESIGN INTENT:

Design a closed section urban double lane roundabout to applicable regulatory

and engineering standards, which can be permitted, and is a cost effective design

with respect to construction. Design is to address all regulatory and construction

aspects to facilitate the new construction. Throughout the contract period, the

ENGINEER shall fully cooperate in supplying all relevant data, designs,

computations, etc., both in hard copy and electronic copy format to the County for

their use and/or distribution to others as deemed appropriate in the opinion of the

County.

D. COUNTY DATA AND MATERIAL:

Information which is available from Charles County, Department of Planning

and Growth Management, will be provided, at charge to the ENGINEER, for the

sole use of ENGINEER. It may be necessary for the ENGINEER to borrow the

County=s copy, and re-copy for the ENGINEER’S use, and return the original

copy to the County. Respondents are hereby advised to determine what

information they need in order to perform the scope of work, which information is

available, which information they need to obtain on their own from sources other

than Charles County Department of Planning and Growth Management, and

which information/data is not available which the ENGINEER will need to create.

Such data may include, but not necessarily be limited to:

1. County topography in electronic (.dwg) format or hard copy format; and

2. Preliminary Subdivision Plans, Plats, Design Plans, As-Builts, and Right

of Way data for existing County Road(s) and other documents of record.

E. PROGRESS MEETINGS & WORK SESSIONS:

The ENGINEER shall be prepared to meet at Planning & Growth Management

Office monthly and to participate in a monthly conference call. The ENGINEER

shall provide an agenda 48 hours prior to the scheduled time of meeting (See

Exhibit 1). Minutes of the previous meeting are to be provided within one week

after the meeting for review and comment by Capital Services. Final approval of

meeting minutes to be at next meeting. In addition to the agenda, ENGINEER

shall present a status report, which will include any obstacles which could delay

the progress of the project, an updated schedule, minutes from previous meeting

(with Capital Services comments) and an electronic copy of work completed to

date to each meeting. Electronic progress files shall be fully functional files; no

altering into dysfunctional format shall be allowed. Meetings shall continue

through completion of work.


II - 3

There will be no separate payment by the County for this work. Costs associated

with this work shall be considered incidental expenses and included in the lump

sum price for Bid Item 102 of the Schedule of Prices Sheet.

F. CONTINGENT ITEMS:

Items listed as Contingent Items in the Schedule of Prices are to be used and paid

for only at the written direction and authorization of the COUNTY or designated

representative.

II. SCOPE OF SERVICES (Bid Item 102):

The ENGINEER shall provide the following services

1. Construction cost estimates with each review submission and at Bid

Document submission. These estimates shall be the Engineer’s best

estimate of probable cost, consistent with the level of detail of work

complete at time of submission. The ENGINEER shall not necessarily use

the published County prices which are required for private sector bonding

purposes, but rather, unit prices which in the professional opinion of

ENGINEER, will result in the best estimate of probable cost.

2. Address any and all comments developed during the reviews of the Bid

Document preparation.

3. Incorporate copies of all permits into the appendix section of the Bid

Documents.

4. Make separate review submissions to the Capital Services Division of the

Department of Planning and Growth Management (PGM) in order to

obtain a Codes, Permits, and Inspection Services Permit. Those

submissions shall comply with the latest edition of the County=s Plan

Preparation Package. Each submission shall include a cover letter which

shall describe the submission. All comments in the previous comment

letter shall be duplicated on any response letter and the ENGINEER=S

response should immediately follow each comment. Capital Services

(CIP) shall be copied on each review submission with the cover letter,

response letter, plans, specifications, calculations, etc.

5. Documents to be provided by the consultant: For permitting agency plan

reviews and approvals, the ENGINEER shall make and provide as many

copies, revisions, and submissions as necessary to obtain all permits. The

ENGINEER shall, as part of their PSE&P lump sum price, provide the

following documents: Additional plan sets and specifications (RFP)

manuals requested by the county shall be provided at unit prices as bid in

the respective contingent item.

a. Preliminary and Design Plan/Specification review submission to

include six (6) copies (sets), four (4) sets will be forwarded to Codes,

Permit and Inspection Services and two (2) sets will be retained by


II - 4

Capital Services. In addition, submission includes four (4) sets of

preliminary Right of Way Plats per Appendix 2 and 4.

b. Final Plan(s) and Specification(s) review submission requires eight (8)

sets plus four (4) sets of plans in 1/2 scales. In addition, submission

shall include four (4) sets of final Right of Way Plats per Appendix 2

and 4.

c. Submit three (3) CD discs containing final approved construction &

as-built plan(s), all studies, reports, and specifications in Microsoft

Word format. (Spreadsheets shall be in Microsoft Office Excel

format).

d. Contract Bid Documents (Plans & specs) – 25 CD copies for bid

advertisement

e. Approved plans & as-built plans shall be provided in Auto CAD 2012

and PDF format. Submit two (2) CD discs plus two (2) copies.

f. Title Abstract submission to include one (1) original and four (4)

copies.

6. All drawings, specifications, and reports shall have the seal, certification

statement, and signature of a registered Professional Engineer, duly

authorized in the State of Maryland.

7. The Engineer shall locate and perform test pits on all utilities within the

limits of work and show location and depths of the utilities on the roadway

plans and profiles.

8. The Engineer shall provide a lighting design for overhead lighting of the

roundabout.

A. PERMITS AND SUBMISSIONS (Bid Item 102):

The ENGINEER shall be responsible for acquiring all required permits to include,

but not be limited to, site surveys, environmental permitting, design permitting,

geotechnical investigations, aesthetic/landscape design elements, engineering, and

the development of construction contract documents. The successful firm must

demonstrate experience in the design of stormwater management facilities as per

the 2000 Stormwater Design Manual, Volumes I and II and the MD Stormwater

Act of 2007 from the Maryland Department of the Environment as part of the

design services. The ENGINEER shall coordinate directly with regulatory

agencies and County staff to amend any permits as required that are associated

with the Middletown Road and Billingsley Road Roundabout project. The

agencies may include, but may not necessarily be limited to, Charles County

Department of Planning and Growth Management, The Maryland Department of

the Environment, Maryland State Highway Administration, Department of

Natural Resources, US Army Corps of Engineers, and Charles County Soil

Conservation District. Copies of all written communications, documentation of


II - 5

verbal communications, meeting minutes, and submission packages, to and from

Contractor, shall be provided to the County Project Manager or designated

representative. Any efforts associated with obtaining approval for amended

permits shall be at no additional cost to the County.

For permitting agency plan review and approvals, the ENGINEER shall make and

provide the required copies, revisions, and submissions as necessary to obtain all

permits and permit amendments. No additional charge to the County will be

made for document quantities over and above those shown below. The

ENGINEER shall provide at a minimum the following documents:

All drawings, specifications, and reports with the Seal and signature of a duly

authorized Professional Engineer, registered in the State of Maryland. The

Engineer shall provide electronic copies of the construction plans in CADD 2012

format & PDF format along with a Mylar hard copy, and the construction

specifications and O & M Manuals in MS Word with any spreadsheets supported

by Excel Format, on CD disc.

B. Roundabout Design Criteria (Bid Item 102):

1. Right-of- way Width = Estimated 210 ft.

2. Design Speed = 25 MPH.

3. Section = Closed Roundabout

4. Classification = Minor Arterial (Middletown Road)

C. Project Schedule (Bid Item 102):

The ENGINEER shall develop and submit to the County, for review and

acceptance, a project schedule. The schedule shall breakdown each bid item and

task into manageable and measurable subtasks. The schedule shall be prepared

subsequent to Notice to Proceed and submitted no later than the kick-off meeting.

The schedule shall be monitored through the life of the contract and shall be

updated prior to each progress meeting, with copies brought to the meeting for

review and discussion.

D. Travel (Bid Item 102):

All travel required to be performed in connection with the services including all

meetings with County or any Government or Semi-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 the County prior to travel.

There will be no separate payment by the County for this work. Costs associated

with this work shall be considered incidental expenses and included in the lump

sum price for Bid Item 102 of the Schedule of Prices Sheet.

III. DESIGN STANDARDS:

A. DESIGN STANDARDS

Design shall be in accordance with all applicable codes, laws, ordinances,

regulations, standards, etc. Direction is given to the County’s Plan Preparation

Package (PPP), and the latest publications, fees, and regulations. Respondents are


II - 6

directed to the Charles County Web Site: www.charlescounty.org Department of

Planning and Growth Management, Development and Capital Services area, for

more information on Publications, Notices, and Fees. Variances to regulations,

standards, etc., will be handled through established procedures.

1. Deviations from Charles County Regulations

The ENGINEER may receive direction from Capital Services which may

result in the need for a variance. The ENGINEER shall submit a variance

to Codes, Permits, and Inspection Services for all issues that deviate from

the Charles County regulations. The review agency does not attend all

meetings and is not part of all conversations, therefore, is not aware of

discussions between the ENGINEER and Capital Services. If items exist

within a submission that requires a variance, the variance letter request

shall be submitted with the submission.

IV. SUBMISSIONS, MEETINGS, & REPORTS (Bid Item 102):

Design Submissions shall be completed consistent with the Submission Guidelines

included herein. Submissions are to be made to the Charles County Department of

Planning and Growth Management Office, attention of Codes, Permits, and Inspection

Services. An electronic copy (*.dwg) shall be provided to Capital Services of all work

completed to date as well as a client copy of the submission made to Codes, Permits, and

Inspection Services. Submissions made after noon on Thursday of each week will not

begin their review period until the following Thursday. The estimated time for this

review process to be completed by the County is three (3) weeks. It is the ENGINEER’S

responsibility to ascertain the submittal process required by the County and abides by it

for the duration of this contract.

A. REQUIRED MEETINGS, SUBMISSIONS & REPORTS

MEETINGS:

M1 - Concept Design Initiation Meeting

M2 - Pre-P.I. Office Review Meeting

M3 - P.I. Field Review Meeting

M4 - Semi-Final Review Meeting

M5 - Final Review Meeting

Bi-Weekly Meetings

SUBMISSION PACKAGES:

S1 - Concept Design (10% Design)

S2 - Preliminary Roadway Layout (Part of 30% Complete)

S3 - Preliminary Roadway Design (Part of 30% Complete)

S4 - Preliminary Drainage and Stormwater Management (Part of 30% Complete)

S5 - Semi-Final Design (60% Complete)

S6 - Final Design (95% Complete)

S7 - Bid Documents (100% Complete)

REPORTS:

http://www.charlescounty.org/


II - 7

R1 - 10% Design

R2 - P.I. Report (30% Complete)

R3 - Semi-Final (60% Complete)

R4 - Final (95% Complete)

B. SUBMISSION GUIDELINES FOR MEETINGS, SUBMISSIONS, and

REPORTS

1. CONCEPT DESIGN (10% Design):

I. Capital Improvement Program (CIP) - Transportation

A. Concept Design Initiation Meeting - M1

B. Concept Design and Report - S1/R1

2. PRELIMINARY DESIGN (30% Design):

I. CIP - Transportation

A. Pre-P.I. Office Review Meeting - M2

B. Preliminary Design and Report

B1 - Preliminary Roadway Layout - S2

B2 - Preliminary Roadway Design - S3

B3 - Preliminary Drainage and Stormwater Management - S4

C. P.I. Field Review Meeting - M3

D. P.I. Report - R2

3. SEMI-FINAL DESIGN (60% Design):


A. Semi-Final Design Submission - S5

B. Semi-Final Review Meeting - M4

C. Semi-Final Review Report - R3

4. FINAL DESIGN (95% Design):


A. Final Design Submission - S6

B. Final Review Meeting - M5

C. Final Review Report - R4

5. BID DOCUMENTS & PERMITS (100% Design):

I. Bid Documents Submission - S7 - All Approvals and Permits

acquired, and all Client Objectives met consistent with the

Contract Documents.

C. SUBMISSION GUIDELINES- REQUIREMENTS

1. CONCEPT DESIGN (10% Design):

Design concepts and alternatives must be developed with preliminary cost

estimates for review and selection process. The submission shall be in

report form with conceptual layouts to include horizontal and vertical

alignments, design speed, typical sections, and site plan showing location

of existing features including utilities. A Stormwater Management

Concept shall be provided and a Right of Way Mosaic along with a list of


II - 8

affected properties that may require right of way takings. In addition, a

preliminary cost estimate shall be provided. Six completes sets of the

Design Concept shall be submitted to the Capital Services Division.

I. Capital Improvement Program - Transportation

A. Concept Design Initiation Meeting - M1

1. Topics of Discussion - Establishes Design Intentions,

Parameters, and Constraints. Typically will be performed

by In-House Staff or as Task Oriented Engineering

a. Introduce Administration’s staff to Consultant staff

b. Design Speed

c. Alignments, both horizontal and vertical

d. Typical Sections

f. Commitments and restraints to communities, others

and/or environmental issues.

g. Functional Classification

h. Construction Cost

i. Permits/Licenses/Certificates

II. Concept Design and Report - S1/R1

A. Roadway Classification

B. Design Speed

C. Pavement Section

D. Right-Of-Way (ROW) Width

E. Right-Of-Way Preliminary Mosaic

1. Proposed ROW

2. County Topo Features or Aerial

3. Tax Map Property Lines (or better)

F. Hiker/Biker Path Schematic

1. Side of Road

2. Width

G. Lane Widths

1. Typical

2. Auxiliary

H. Access Management Schematic

1. Roundabout Full Access/Intersection

I. Variances, Waivers, Exemptions Envisioned

2. PRELIMINARY DESIGN (30% Design):

Preliminary Design To include: Complete topographic and field

delineated wetland details (including above and below ground utilities);

Horizontal alignment - coordinated centerline layout with curve data,

superelevation data (rates - transition lengths etc) and design speeds;

Vertical alignment - existing ground elevation at the P/GL, proposed grade

elevations, vertical curve data with stopping sight and/or headlight sight

distances and design speeds; Intersection sight distance for intersecting

roads/streets and entrances; Pavement and shoulder widths and

configurations, plan view; Approximate slope grading limits; Proposed

limits of work; Typical sections including pavement, shoulder, roadside


II - 9

grading, slope grading, etc; Preliminary locations of detention, retention or

wet ponds; Drainage layout; Earthwork analysis (Engineer shall work

toward providing a design to balance the total cuts and fills of the project;

Cost estimate.

Design Development: The Design Engineer will continue to develop all

aspects of the design. Prior to or subsequent to any submission, the

Design Engineer may directly contact Codes, Permits, and Inspection

Services Engineers or Program Manager to discuss or meet and review

any of the design elements with respect to regulatory concerns. Capital

Services staff will meet biweekly with Design Engineer to discuss and

monitor schedule, budget, contractual obligations, issues, design intent,

and project objectives. If either the Design Engineer or Codes, Permits,

and Inspection Services staff feels it necessary to involve Capital Services

staff, they may do so on a case by case basis. Likewise, if Capital

Services staff, based on their assessment resulting from biweekly meetings

with the Design Engineer, or by review of Codes, Permits, and Inspection

Services comments, or by any other means occurring, believe it necessary

to address an issue or concern directly with Codes, Permits, and Inspection

Services, they shall do so on a case by case basis. Deviation from these

submission guidelines shall only occur if authorized by Development and

Capital Services and shall include a modified version of the submission

elements as outlined herein.


A. Pre-P.I. Office Review Meeting - M2

1. Purpose of Meeting is to review/discuss:

a. Proposed horizontal and vertical alignments

b. Sensitive environmental and political areas

c. Possible violation to criteria and significant right-of-

way impacts

d. P.I. construction estimate

B. Preliminary Roadway Layout - S2

1. Roadway Sections

a. Typical

b. Auxiliary Lanes

c. Full Super-elevations

2. Horizontal Alignment

a. Stationing

i) Beginning

ii) PC’s

iii) PT’s

iv) End

v) Start and End of Super-Elevation Transitions

vi) Start and End of Full Super-Elevation Sections

b. Curve Radii

3. Existing Roadway(s)

4. Variance


II - 10

a. Letter to Chief of Codes, Permits, and Inspection

Services

C. Preliminary Roadway Design - S3

1. Plan view

a. Existing Features, including Public & Private Utilities

b. Submission 1 elements further developed in

combination with Submission 2 elements.

i) Geometric layout/design complete.

ii) Design data labels, i.e. Radii, lengths, etc.

iii) Lane widths labeled.

iv) Turning movements (arrows) shown.

c. All Right of Way

d. Anticipated Limit of Disturbance (LOD)

i) Generated by Road Section run along Profile and

slope extended to existing ground.

ii) Anticipated Slope Easements delineated and

labeled.

iii) Anticipated Temporary Construction Easements

delineated and labeled.

2. Roadway Sections

a. Placed on Plan Sheet

b. Annotated with stations of application

3. Profile Views

a. Existing Ground Profiles

i) Centerline of Median/Roadway Section

ii) Left ROW

iii) Right ROW

b. Stationing

c. PGL PVC’s & PVT’s

d. PGL Curve Data, including “K” value

e. PGL Tangent Slopes

4. Right of Way Plats

D. Preliminary Drainage and Stormwater Management - S4

1. Existing Contours showing existing drainage patterns and

features.

2. Wetland Delineations

3. Storm Drain layout utilizing B2 Preliminary Design.

a. Inlets

i) Locations

ii) Types

iii) Invert

b. Pipe runs

i) End treatments

ii) Inverts

4. Storm Water Management

a. Water Quality

b. BMP(s)


II - 11

c. Location(s)

d. Water Quantity

i) BMP(s)

ii) Location(s)

5. Anticipated Easements delineated and labeled.

a. Storm Drain

b. Stormwater Management

c. Headwater, 100 yr

d. Floodplain, 100 yr

e. Outfall/conveyance

6. Constraint Identification

a. Critical crossings with pertinent data, i.e. location,

elevation

i) Utilities (Private & Public)

b. ROW & Easement Limitations

c. Existing Problems and/or Concerns.

i) Flooding

ii) Erosion

iii) Inadequate Conveyance

iv) Inadequate Outfall

7. Variances &/or Waivers, Letter to Chief of D&CS

a. Necessary.

b. Desired.

(i) Benefit

(ii) Detriment

E. P.I. Field Review Meeting - M3

1. This meeting is recommended to be scheduled at least two

weeks after the P.I. plans submission.

2. Purpose of meeting -- Bring together the expertise from the

various disciplines affected by the proposed project to the

project location.

3. Review proposed alignments by walking and discussing the

project from one limit of work to the other, including

adjustments to connecting roadways and major drainage

inlet and outlet courses.

4. Discuss concerns pertaining to the impacts of the proposed

design or those concerns that exist today and which should

be addressed with this project.

5. Additional elements for discussion:

a. Typical sections

i) Number of lanes

ii) Lane and shoulder widths

iii) Type of curb and gutter (including offset

distances)

iv) Roadside grading

v) Slope ratios and type of cut slope rounding

(Advanced Soils Report should be available)

vi) Median type and width, when applicable


II - 12

b. Superelevation design criteria used for mainline,

ramps and other roadways.

c. Existing drainage - patterns before and after

construction.

d. Proposed entrances - types and widths for

commercial, residential and field entrances.

e. Potential SWM sites

f. Slope impacts on abutting properties such as impacts

to septic systems, drain fields, wells, proximity to

dwellings etc...

g. R/W impacts

h. Major utility locations and possible impacts and

design changes to avoid and/or minimize impacts.

i. The general use of proposed traffic signal, signing

and lighting.

j. The general concepts of Maintenance of Traffic

including possible detours, if applicable.

k. Discuss anticipated involvements with:

i) Wetlands (Impacted and possible mitigation)

ii) Reforestation

iii) Special Aesthetics

iv) Planting commitments

l. Anticipated permits and licenses

m. Coordination with abutting design work or

construction, State Highway projects

n. Construction cost

6. P.I. Report - R2

Purpose - Address issues and comments discussed at P.I.

meeting and decisions reached. Basic format as follows:

a. Date of Field P.I.

b. Name of Division/Agency representatives in

attendance

c. Name of Division/Agency representatives not in

attendance but offering comments

d. Name of Division/Agency representative neither

attending nor offering comments

e. Current Ad Date

f. Project description, functional classification and

earthwork overview (indicate waste or borrow

quantity)

g. Construction Cost estimate

h. Design speed

i. Statements addressing the following:

i) Additional environmental impacts above those

known impacts during the “project planning

phase”

ii) Explain any major scope change

iii) Known or anticipated major utility impacts


II - 13

iv) Traffic Control plan concepts

v) SWM concepts

vi) Known permits, licenses etc. being required

vii) Traffic data

viii) Right-of-way

ix) Significant issues discussed/resolved

ixi) Person responsible for direction given

ixii) Description of why direction given was

necessary

x) Miscellaneous minor revisions/corrections

3. SEMI-FINAL DESIGN (60% Design):


A. Semi-Final Design Submission - S5

1. Plans should now contain:

a. Proposed drainage conditions (pipe culverts and

ditching)

b. Wetland mitigation concepts

c. Location of SWM areas

d. Infiltration facilities

e. Lighting

f. Signing

g. Pavement markings

h. Signalization and proposed installations of conduits

can be discussed

i. Maintenance of traffic concepts outlining

requirements for staging and the number of

lanes to be kept open during peak and non-peak

hours during construction.

j. Conceptual landscape plans

k. Cross-sections

l. Earthwork computations

2. Right of Way Plats

B. Semi-Final Review Meeting - M4

1. To be held approximately one month following the

submittal.

2. Address all changes in design since the PI

submission/meeting, the type, size and location of all

drainage, SWM, earthwork summary, erosion and sediment

controls, traffic barriers, traffic control plans.

3. The plans reviewed shall be the entire design involvement

including Bridge, Traffic Engineer, Landscaping, Utilities

and any other involvement by others which is to be included

in the project scope of work.

4. The ENGINEER shall prepare minutes of this meeting.

C. Semi-Final Review Report - R3

1. Same format as PI report. Address issues and comments

discussed at semi-final review meeting.

2. Specify any increases in construction cost and any effects


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the revisions would have on the advertisement schedule.

4. FINAL DESIGN (95% Design):


A. Final Design Submission - S6

1. Plans shall be corrected in accordance with the Preliminary

Review Report and Semi-Final Review Report.

2. Complete design of all details, such as, but not limited to

erosion and sediment control devices, roadside

appurtenances, super elevation graphics, ditch sections,

guard rail and all necessary references etc...

3. Complete design of grading, including variable slopes and

contour grading

4. Complete design of all pavements in both plan and profile,

including intersections, channelization, interchanges, speed

changes and turning lanes.

5. Complete design of shoulders, curbs, sidewalks, guard rail

and other roadside appurtenances.

6. Traffic control plan to appropriate scale.

7. Complete construction notes plan sheets. The disposition of

each existing utility shall be explained by appropriate note.

All curve, spiral, and super-elevation data shall be clearly

shown, together with reference points, ties and offset to

survey points.

8. Soils report data shall be incorporated on both plan and

profile. Right-of-Way and access control lines and all slope-

line limits shall be shown on plans. Sight distances shall be

shown on profiles.

9. Complete set of plans to include:

a. Roadway

b. Maintenance of traffic

c. Landscaping

d. Lighting

e. Signage

f. Pavement Marking

g. Erosion and sediment control

10. Special provisions

11. Estimate

12. Provide detailed review of final plan details and dimensions

13. Incidental appurtenances

14. Construction notes

15. Grading table

B. Right of Way Plats

C. Final Review Meeting - M5

1. Plans should have been received approximately 4 weeks in

advance

D. Final Review Report - R4

1. Follow format of PI report. Address issues and comments

discussed at Final Review Meeting.


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5. BID DOCUMENTS, PERMITS & RECORD PLATS (100% Design):

I. Bid Documents Submission - S7 - All Approvals and Permits acquired,

and all Client Objectives met consistent with the Contract Documents.

II. Final Right of Way Plats

V. SCOPE OF SERVICES - PRELIMINARY INVESTIGATION STAGE (Bid Items

101 and 102): The Scope of Services for Preliminary Design for the ENGINEER includes, but is not limited to, the following items of work, which the Design Firm shall perform and provide:

A. Field Surveys (Bid Item 101):

The ENGINEER will be responsible for conducting all necessary field surveys

required for the project. The ENGINEER shall include all field work and office

work as necessary to produce (.dwg) file of existing topography and features. The

scope also includes establishing field control to facilitate construction stakeout at

time of construction. The ENGINEER shall make this information available, in

any format that is required of this contract, to the County and County=s

Contractor at no cost to the County or Contractor. The surveyor shall translate all

horizontal control into North America Datum (NAD) 1983/91 and all vertical

control into National Geodetic Vertical Datum (NGVD) 1988. The minimum

standards of accuracy shall be USGS third order, class one. The ENGINEER shall

prepare contract documents accordingly. There will be no separate payment by

the County for this work. All work associated with field survey shall be included

in Bid Item 101 of the Schedule of Prices.

B. Roadway Design (Bid Item 102):

The ENGINEER shall design the most cost-effective improvements, while

meeting the design objective. Prepare Bid Documents, prepare and obtain all

required permits, necessary for construction. This does not include such permits

which are typically handled by the contractor, i.e. burning permits, and offsite

stockpile sediment control approval. The ENGINEER shall evaluate and provide

recommendations for the style of roadway, parkway, boulevard, or roundabout

which is the most cost effective design that provides the safest movement for

vehicular and pedestrian traffic. The evaluation shall include a narrative that

outlines the pro and cons for both styles.

C. Geotechnical Program (Bid Item 102):

The ENGINEER shall be responsible for developing and implementing a Geotechnical Plan for the Project. The work shall be supervised by a professional Geotechnical ENGINEER, registered in the State of Maryland, who shall seal the reports. It is the intent of the County to use some portion of the existing asphalt pavement for use in the new design, as much as reasonably possible and cost effective. The ENGINEER shall obtain the soils information necessary to properly complete the design and address construction concerns. At a minimum, 6 ea soil borings shall be performed within the limits of the roundabout and interconnecting roads. The locations of the soils borings shall be jointly determined by the Geotechnical engineer and the County. The results of soil borings and recommendations shall be provided within report format and shall be included with contract documents. Optionally, in addition to supplying hard copy


II - 16

reports to the County, the ENGINEER may elect, for contract document publication purposes, to provide the Geotechnical Report in digital format via compact disc operational in any Compatible Computer CD-ROM drive. Disc shall be self-viewing, requiring no specialized software on the recipient’s hard drive.

Types of material to be excavated and suitability for re-use as backfill or fill shall

be determined by the ENGINEER through information obtained first-hand from

his own investigations. The ENGINEER shall also be responsible for determining

the suitability of the sub-grade. The ENGINEER shall provide appropriate

recommendations. These recommendations shall present the most cost effective

construction method. The ENGINEER shall meet with the County to discuss the

recommendations. The County will provide direction at their discretion. The

ENGINEER shall also utilize the geotechnical evaluations in determining the

need for undercut, borrow, etc. and the ENGINEER’S estimate of probable cost

shall appropriately consider.

D. Preliminary Design Plans (30%) (Bid Item 102): The ENGINEER will develop

all preliminary design plans as described in the Submission Guidelines included herein. In addition, the ENGINEER shall provide four (4) sets of preliminary Right of Way Plats per Appendix 2 and 4.

E. Preliminary Investigation and Report (Bid Item 102): When the Preliminary

Design Plans are completed, the ENGINEER will schedule and chair a Preliminary Investigation meeting and prepare a written report documenting all comments, changes and recommendations resulting from the investigation. The ENGINEER is responsible for scheduling said meeting which may consist of an indoor meeting followed by a field investigation. The ENGINEER shall prepare and mail all invitation and advisory packages. Packages are to be in the hands of recipients two weeks prior to meeting date. The package shall include, but not necessarily be limited to a cover letter, a location map, and preliminary design plans. The ENGINEER shall meet with the County's project manager to discuss all input received.

Comments, changes, corrections, etc. resulting from the Preliminary Investigation shall be incorporated in the contract documents, as directed by the County, as the ENGINEER proceeds with Final Design Stage.

F. Preliminary Investigation Report Submission (Bid Item 102): The ENGINEER

shall provide six (6) sets of Preliminary Design Plans plus two (2) sets in ½ scale,

Preliminary Cost Estimates, and Preliminary Investigation Reports to Capital

Services. The ENGINEER is advised to schedule for a Codes, Permits, and

Inspection Services review time of three (3) weeks.

G. Estimates (Bid Item 102): A preliminary construction cost estimate shall be submitted by the ENGINEER with the Preliminary Investigation Report.

H. Meetings and Hearings (Bid Item 102): The ENGINEER shall schedule, attend,

chair, and document, any hearings and/or meetings required by an agency;

including, but not limited to, Corps of Engineers, Department of Natural

Resources, MDE, Water Management Administration, MSHA, SCD, NRCS, and

utility companies. There will be no separate payment by the County for this

work. Costs associated with this work shall be considered incidental expenses

and included in the lump sum price for Bid Item 102 of the Schedule of Prices.


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VI. SCOPE OF SERVICES - RIGHT OF WAY

A. Right of Entry (Bid Item 102): It will be the ENGINEER’S responsibility to notify all property owners of the need to enter their property for the necessary surveying work associated with the development of the Right of Way Plats. The County will provide the ENGINEER with a sample letter (SP No. 25) that may be used by the ENGINEER in notifying the property owners. The ENGINEER shall address the concerns of the property owners related to their work effort to the best of their ability. If the ENGINEER encounters an issue for which he is not able to provide a satisfactory answer, he may refer the property owner to the County’s Program Manager, Capital Services, for additional assistance.

B. Metes and Bounds Surveys- Stakeout of Right of Way (Contingent Item 104):

The ENGINEER shall be responsible for all metes and bounds surveys including

stakeout of the right of way takings as described in Appendix 4 included herein.

Payment shall be made at the unit rate provided per each item for the quantities

approved.

C. Right of Way Mosaic (Bid Item 102):

The ENGINEER shall develop a right of way mosaic or working map showing

existing and proposed right of way, easements and point numbers (if applicable).

The Right of Way mosaic shall be submitted to the COUNTY twenty-one (21)

days prior to the Preliminary Design (30%) Stage Submittal (per Appendix 2 and

4)

D. Final Metes and Bounds Right of Way and Easement Plats (Contingent Item

103):

The COUNTY will obtain easements as necessary from various property owners

along project. Therefore, the ENGINEER shall anticipate steps to prepare

exhibits and easement plats in accordance with applicable Charles County

standards.

For this line item the ENGINEER shall assume the preparation of one standard

COUNTY easement plat; however, payment will only be made if the COUNTY

requests that the plats be completed in writing. Plat and description is a

contingent item and payment will only be made if directed to do so in writing by

the COUNTY. The ENGINEER's cost will be based on each plat that is prepared

by the ENGINEER. Please reference Appendix 2 and Appendix 4. Payment will

be made for each plat that is prepared based on the cost per plat submitted.

Payment shall be made at the unit rate provided per each item for the quantities

approved.

The ENGINEER shall prepare all necessary metes and bounds Right-of-Way

Plats and/or Exhibits per deed descriptions. Metes and Bounds Plats shall be

submitted to the COUNTY when the Project as stipulated in Appendixes 2, 3, and

4. Areas, easements, etc. affected by the final design stage shall be updated and

finalized during the Final Design Stage. The final Metes and Bounds Plats shall

be in a reproducible format (mylars) and will be signed and sealed by a


II - 18

Professional Land Surveyor registered in the State of Maryland. Digital design

file copies shall also be provided on compact disk (CD) in AutoCAD 2004 and

tiff format. ENGINEER shall be responsible for all printing, submissions, and

response to comments as necessary to obtain approval of plats for recordation.

For a standard reference, see the land records of Charles County at: Plat Book

number 56, Pages 617 through 628. Payment shall be made at the unit rate

provided per each item for the quantities approved.

E. Property Owner Information Meetings (PIM) :

The ENGINEER shall attend and provide exhibit support for any property

information meeting scheduled by the County. Exhibits shall include, but not be

limited to, a long strip map illustrating the roadway layout with appropriate labels

to identify specific areas, existing and proposed roads, topographic features, etc. .

There will be no separate payment by the County for this work.

VII. SCOPE OF SERVICES FINAL DESIGN STAGE (PS&E) (Bid Item 102):

The Scope of Services for Final Design for the ENGINEER includes, but is not necessarily limited to, the following items of work, which he or she shall perform and provide:

A. Final Plans (Bid Item 102):

Final Engineering plans will be prepared based on the conclusions reached at

prior design stages, and will include all necessary details and requirements for

permitting and construction. Respondents are expected to have and be familiar

with all applicable County, State, and Federal requirements, regulations, policies,

ordinances, standards, and specifications. Special note is made that ENGINEER

shall consider by design, impact to residents, pedestrians, and motorists. Impact

shall be reasonably minimized. Where specific design details, and/or sequencing

are prudent, the ENGINEER shall develop and provide as part of final plans and

specifications.

B. Project Specifications (Bid Item 102):

The ENGINEER shall develop construction specifications utilizing Charles

County Capital Services' General Provisions. Special provisions will be prepared,

not just using previous special provisions, but tailored to this project outlining

specific project requirements and details for items including, but not necessarily

limited to, utility adjustments, maintenance of traffic, traffic control phasing,

unique items of construction, and specific issues of concern. The specifications

manual shall establish a hierarchy of referenced specifications. Where an item is

regulated by a specific regulatory agency or approval authority, the respective

specification shall govern. Within Charles County's area of regulation, Charles

County Standards and Specifications for Construction shall apply. Items of

construction not covered by Charles County Specifications shall be governed by

the Maryland State Highway Administration (MSHA) Standards and

Specifications dated June 2008. For items of construction not covered by

commonly used and easily discernible specifications, the ENGINEER shall

include specific details and specifications on the plans or within the project

specifications manual. For items where an applicable detail may not be available,


II - 19

the ENGINEER shall develop an appropriate detail. When the ENGINEER

develops a new detail, the County reserves the right to have the ENGINEER

create the detail in Charles County detail format for use in future projects where

appropriate.

C. Stormwater Management and Erosion and Sediment Control (Bid Item 102):

The ENGINEER is to develop a complete permitted stormwater management and

erosion and sediment control plan for all aspects of the work. Coordination will

be required with all interested agencies and the ENGINEER will prepare all

necessary sketches, exhibits, or documents required to obtain the necessary

permits from all agencies involved.

D. Wetland Impacts & Mitigation (Bid Item 102): The ENGINEER shall be

responsible for evaluating and determining the presence of wetlands and if

present, providing all services necessary to obtain a Jurisdictional Determination

(JD) and all applicable permits to allow construction to proceed. The exclusion to

the scope of services is that work effort which could be required if through the

permitting process the regulatory agencies require public meetings/hearings. In

such case, the scope of services can be defined at that time, and a change order

would be negotiated in consideration of scope and reasonable fees, in the opinion

of the County, for the respective services. All other meetings shall remain as

stated, Page II-22, Item VII.H. The ENGINEER shall prepare permit application

package and shall submit to the appropriate agencies for review and approval on

behalf of Charles County. Wetland Mitigation plans, easements, conservation

documents, etc., shall not be considered the responsibility of the ENGINEER.

Charles County may elect to negotiate with the ENGINEER for procurement of

these services or may choose to contract with others. The ENGINEER will,

however, cooperate with any other party the County may choose to provide said

services as is necessary to include the other parties’ products in with the

application package submitted to MDE for review and permitting. If permits

cannot be obtained within the contractual duration of this contract, and in the

reasonable opinion of the County at no fault to the ENGINEER, then an

appropriate time extension will be granted.

E. Forested Areas (Bid Item 102): Work required will be limited to the Forest Stand

Delineation (by a DNR certified FSD preparer), the Forest Conservation Plan

(FCP) identifying forested areas, and preparation of the FCP worksheet to forest

conservation requirements.

F. Utilities (Bid Item 102): The ENGINEER shall field locate all existing above

ground and test pit all underground utilities, and shall show all existing utilities on

the Plans. The ENGINEER shall summarize existing utilities using table included

herein, SPI #4. All design work shall be coordinated with all utility companies

who own or maintain public or private utilities within the area of work, which

may require protection or relocation during construction of the project. Design

conflicts with utilities are to be resolved.

The ENGINEER shall provide the County with a set of plans for each utility

represented within the project limits, to be forwarded by the County to the utility


II - 20

companies at the 30%, 60% and 95% stage. A final submission to the utility

companies shall be made at the 100% stage. There will be no separate payment by

the County for this work. Costs associated with this work shall be considered

incidental expenses and included in the lump sum price for Bid Item 102 of the

Schedule of Prices.

G. Applications, Permits and Approvals (Bid Item 102): The ENGINEER shall

apply and obtain all necessary permits and approvals on behalf of Charles County

Capital Services, including, but not necessarily limited to, Charles County Codes,

Permits, and Inspection Services, Army Corps of Engineers, Department of

Natural Resources, MDE, Water Management Administration, Soil Conservation

District, NRCS, etc.. The ENGINEER shall contact all agencies and resolve any

issues raised by these agencies.

H. Meetings and Hearings (Bid Item 102): The ENGINEER shall attend any

hearings and/or meetings required by an agency (excluding those stated in

paragraph VII.D. above) including, but not limited to, Corps of Engineers,

Department of Natural Resources, MDE, Water Management Administration,

MSHA, sediment control approvals, and utility companies.

I. Estimates (Bid Item 102):

A detailed construction cost estimate shall be submitted with the Contract Documents for the Final Review Meeting.

J. Data and Material to be provided by the ENGINEER (Bid Item 102):

1. The ENGINEER is to provide eight (8) sets of Final Design Stage Plans,

Contract Specifications, and ENGINEER’S Estimate, four (4) sets of final

Right of Way Plats, copy of transmittal and the written response to

previous Development Service comments to Capital Services. The

ENGINEER shall schedule three (3) week response time on submissions.

The three (3) weeks shall commence on the submission deadline day of

the week, Thursday. The ENGINEER shall be responsible for re-

submissions as necessary to acquire approval.

If Capital Services is in need of additional plan sets at time of re-

submission, the ENGINEER shall provide as requested at no additional

cost to County, maximum of three (3) additional copies. Otherwise, the

ENGINEER shall only be required to provide Capital services a client

copy of the transmittal and the written response to comments.

2. The ENGINEER shall provide Plans and Contract Specifications as

necessary to other Local, State and Federal Agencies, utility companies,

etc. to coordinate and obtain approvals and/or permits, as necessary to

meet the objective of having a complete design approved, permitted, and

ready to bid. Printing and distribution of the Final Design Stage Plans and

Contract Specifications will be at no additional cost to the County.

K. Bid Documents (Bid Item 102):

Bid Documents stage shall incorporate comments from the Final Review into the

completion of the drawings, specifications, estimates, and bid documents. The


II - 21

ENGINEER shall prepare in format suitable to County for competitive bidding.

All drawings, specifications, and reports shall have the "Seal" and signature of a

registered Professional ENGINEER, duly authorized in the State of Maryland.

VIII. ADVERTISEMENT STAGE:

A. Final Permitted Drawings and CD’s

The ENGINEER shall provide the final drawing sets for each neighborhood after

each set is permitted, signed (by Regulatory Department of Charles County and

Soils Conservation District- SCD), sealed by the ENGINEER, and signed by

ENGINEER. The ENGINEER shall provide 5 sets of final permitted drawings

and a CD in PDF format. This is in addition to the drawings and CD’s requested

during the 100% Design Submission Stage. The cost associated shall be

considered incidental expenses and included in the lump sum bid price for Bid

Item 102 of the Proposal Form.

B. Pre-Bid Conference

The ENGINEER shall attend and lead the Pre-bid Conference for each

neighborhood to answer any questions that arise relating to the designs.

ENGINEER shall assume that each neighborhood will be bid out separately at

different times. The cost associated shall be considered incidental expenses and

included in the lump sum bid price for Bid Item 102 of the Proposal Form.

C. Technical Support

The ENGINEER shall provide technical support to the COUNTY for any

inquiries relating to the design made by prospective bidders during the Bidding

and Negotiation Stage. The cost associated shall be considered incidental

expenses and included in the lump sum bid price for Bid Item 102 of the Proposal

Form.

IX. TIME FOR COMPLETION:

A. TIME IS OF THE ESSENCE:

The ENGINEER shall obtain all permits and submit the completed and approved

biddable construction contract documents to the County as stipulated in the

Contract included herein.

B. NOTICE TO PROCEED:

The ENGINEER shall proceed with furnishing the services as described

promptly upon receiving the Notice to Proceed. All services shall be performed

simultaneously.


II - 22

C. SCHEDULE (calendar days)

10% Design Submission (includes Right of Way Mosaic) 30 days

REVIEW and COMMENT 15 days

30% Design Development 30 days


60% Design/Specifications 30 days





REVIEW and comment 15 days

Bid Ready Construction Documents 15 days

TOTAL 240 DAYS

The County will review the bidding documents after submission by the

ENGINEER. It is anticipated that the County’s review of each submission will

take 21days. If the County or outside agency review takes longer than specified

days, the engineer’s contract will be extended to accommodate the extra review

time with no additional compensation.

The above schedule is intended to be a general guideline. Upon contract execution

with the successful bidder, the engineer shall submit the project schedule at the

pre-design meeting, which would incorporate completion dates for various tasks,

while reflecting the contract time. The ENGINEER shall make any and all

necessary submissions, until complete approval has been obtained. It shall be the

engineer’s responsibility to submit and updated project schedule at each progress

meeting, with justifications if the schedule has fallen behind and a plan of action

of how the ENGINEER plans to get back on schedule to comply with the contract

time.

X. MISCELLANEOUS

A. QUALIFIED SIGNATURES:

The ENGINEER assures that the members of his firm who initiate and sign

correspondence and attend meetings with County officials are technically

qualified to carry out these duties. It is expected that all work submitted to the

County for review, decision, or other action, be reviewed by a responsible

professional ENGINEER employed by, and in a position to speak and make

decisions for, the firm.


II - 23

B. PROPERTY OWNER NOTIFICATION (Bid Item 102):

If ENGINEER has a requirement to enter a property owner to perform survey

work then ENGINEER shall notify property owner via letter. The ENGINEER

shall draft below letter on their letterhead and submit to the County=s Project

Manager. Project Manager will coordinate with the project=s ROW agent and

provide comments to the ENGINEER or approval to proceed with the mailings.

The submission to the Project Manager will include a list of all names, addresses

and property/plat/parcel reference numbers. The letters shall be sent Return

Receipt Requested. The ENGINEER shall provide copies of both mailing slips

and receipts returned.


II - 24

SAMPLE LETTER TO PROPERTY OWNER

Dear Property Owner:

(Company Name) has been hired by Charles County Government to design the construction of

the Middletown Road and Billingsley Roundabout Project. Surveyors under our employ or

consultant personnel under our direction may be required to temporarily enter upon your

property. The privilege of entering onto your property is provided for by the Annotated Code of

Maryland, 12-111 of the Real Property Article. The purpose of this letter is to advise you of our

need to access your property beginning later this month and to request your cooperation.

Our personnel have been instructed to take every possible precaution to assure that your property

is not damaged in any way during the performance of these studies. If damage does occur,

(Company Name) will make proper restitution. To further assist us, it would be helpful if you

would point out to our field personnel any conditions on your property (freshly planted crops or

other features) that might not be readily apparent to them.

Since the purpose of the surveys is to gather data, our field personnel may not be able to answer

some of your questions concerning the proposed improvements. They are not being evasive, but

they may not be able to answer your questions because the final design often cannot be

determined until after all of the data has been collected, compiled and analyzed..

Personnel from our office or those from the Charles County Government may contact you again

regarding a re-entry upon your property in order to obtain additional engineering data. If a

period of one year has passed since you have been originally contacted about accessing your

property, you will be contacted again prior to any re-entry.

A written response to this letter is not necessary. If however, you have any questions concerning

this highway project, please direct them to (Company management official and telephone

number). If we are unable to answer your questions, we will be pleased to direct you to the

Charles County Project Manager for assistance.

Your cooperation with (Company Name) and our sub consultants, as an agent for the Charles

County Government, are greatly appreciated.


II - 25

C. PRIVATE UTILITY SURVEY (Bid Item 102):

I. Purpose.

The purpose of this Special Provisions Insert is to record the location of

privately owned utilities (as opposed to County owned) that may be

impacted by the scope of work for this project. The information

accumulated will be used to support the County=s claim to prior rights

within the existing County right-of-way.

II. Specifications.

The ENGINEER shall determine the location of all privately owned

utilities in relationship to the centerline of the existing County right-of-

way. The scope of work is as follows:

1. The ENGINEER shall measure the location of all known privately

owned utilities in relationship to the center line of the existing

County right-of-way. For purposes of this undertaking, the center

line of the existing roadway shall be considered the center line of the

existing right-of-way, unless otherwise shown differently elsewhere,

in which the engineer will be required to verify which information is

accurate.

2. The ENGINEER shall record this information on a Utility Tabulation

Form which shall be provided by the County. The information on the

form shall include: the project name, the type of facility inventoried,

utility ownership, facility identification markings, distance of the

facility measured from the left or right of the existing center line

along the road alignment as the station numbers increase. Wherever

possible, the utility locations should be tied to a known station

location.

3. The ENGINEER shall return the Utility Tabulation Form to the

County Project Manager within thirty (30) calendar days from the

time the notice to proceed is given.

4. The ENGINEER shall coordinate with the appropriate utilities to the

degree required in order to satisfactorily complete the Utility

Tabulation Form.

5. The ENGINEER shall perform test pits on the utilities to determine

the depth of the utility if the design and subsequent construction is

proposed in or near the area of the utility.


II - 26

\


II - 27

G. DEVIATIONS FROM CHARLES COUNTY REGULATIONS

I. SPECIFICATIONS:

The ENGINEER may receive direction from Capital Services which may result in

the need for a variance. The ENGINEER shall submit a variance to Codes,

Permits, and Inspection Services for all issues that deviate from the Charles

County regulations. The review agency does not attend all meetings and is not

part of all conversations, therefore, is not aware of discussions between the

ENGINEER and Capital Services. If items exist within a submission that requires

a variance, the variance letter request shall be submitted with the submission.

* * * END OF SPECIAL PROVISIONS * * *


II - 28

GENERAL PROVISIONS

TABLE OF CONTENTS

TITLE ARTICLE NO.

DEFINITIONS ......................................................................................................... II- 29

RESPONSIBILITY OF THE ENGINEER .............................................................. II- 29

CHANGES .......................................................................................................... II- 29

TERMINATION ..................................................................................................... II- 30

DISPUTES .......................................................................................................... II- 30

COUNTY RIGHTS .............................................................................................. II- 31

EXAMINATION OF RECORDS ...................................................................... II- 31

COVENANT AGAINST CONTINGENT FEES ................................................... II- 32

ACCIDENT REPORTS .................................................................................. II- 32

ENGINEER'S ORGANIZATION ...................................................................... II- 32

EMPLOYMENT DISCRIMINATION BY CONTRACTORS PROHIBITED .... II- 33

CERTIFICATION OF DRAWINGS AND OTHER DOCUMENTS ................... II- 33

COMPOSITION .............................................................................................. II- 33

CONFLICTS .......................................................................................................... II- 34

DELIVERY POINT, INSPECTION, AND APPROVAL ................................. II- 34

DESIGNATION OF COUNTY'S REPRESENTATIVE ................................. II- 34

DOCUMENT STANDARDS ................................................................................ II- 35

INSPECTION ........................................................................................................ II- 35

INVESTIGATION OF FIELD CONDITIONS ........ ............................................. II- 36

ONE YEAR GUARANTEE ................................................................................. II- 36

PATENTS ......................................................................................................... II- 36

PERMITS ......................................................................................................... II- 36

PUBLICITY ......................................................................................................... II- 36

RESPONSIBILITY FOR MATERIALS AND RELATED DATA ..................... II- 37

RIGHT OF ENTRY ............................................................................................. II- 37

RISK, DAMAGES ............................................................................................. II- 37

FEE AND PAYMENT............................................................................................ II- 38

TRAVEL ......................................................................................................... II- 38

RELATED COST ............................................................................................. II- 38

CONFLICT OF INTEREST .............................................................................. II- 39

FAIR TREATMENT OF SUB CONTRACTORS AND VENDORS.................... II- 39

COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS............... II- 39


II - 29

GENERAL PROVISIONS

1. 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, Department of

Planning and Growth Management, or his designated representative who is

authorized to act for the COUNTY.

2. RESPONSIBILITY OF THE ENGINEER:

A. The ENGINEER shall be responsible for the professional quality,

technical accuracy and the coordination of all designs, drawings,

specifications, and other services furnished by the ENGINEER under this

contract. The ENGINEER shall, without additional compensation, correct

or revise any errors or deficiencies in his 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 ENGINEER

shall be and remain liable to the COUNTY in accordance with applicable

law for all damages to the COUNTY caused by the ENGINEER'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.

3. 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 ENGINEER'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 ENGINEER for adjustment under this Article must be asserted in writing within thirty (30) days from the date of receipt by the ENGINEER 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 ENGINEER shall provide no services for which an additional cost or

fee will be charged without prior written authorization by the COUNTY.


II - 30

4. TERMINATION:

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

Upon receipt of such notice, the ENGINEER 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 ENGINEER 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 ENGINEER to fulfill his

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 ENGINEER shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.

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

5. 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 his decision to

writing and mail or otherwise furnish a copy thereof to the ENGINEER.

The decision of the COUNTY shall be final and conclusive unless, within

30 days from the date of receipt of such copy, the ENGINEER executes

and furnishes a written appeal to the COUNTY COMMISSIONERS OF

CHARLES COUNTY. The decision of the COUNTY


II - 31

COMMISSIONERS for the determination of such appeals shall be final

and conclusive.

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 his 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 ENGINEER shall be

afforded an opportunity to be heard and to offer evidence in support of his

appeal. Pending final decision of a dispute hereunder, the ENGINEER shall

proceed diligently with the performance of the contract and in accordance

with the COUNTY'S decision.

B. 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.

6. 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 ENGINEER. With respect thereto, the ENGINEER agrees

not to assert any rights and not to establish any claim under the design patent or

copyright laws. The ENGINEER, 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 ENGINEER 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 ENGINEER shall not be held liable for any personal or

property damage arising from such use.

7. EXAMINATION OF RECORDS:

A. The ENGINEER 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 constitute "records" for the purposes of this Article.


II - 32

B. The ENGINEER'S office, or such part thereof as may be engaged in the

performance of this contract, and his 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 ENGINEER 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.

8. COVENANT AGAINST CONTINGENT FEES:

The ENGINEER 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 ENGINEER 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.

9. ACCIDENT REPORTS:

The ENGINEER 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 ENGINEER 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.

10. ENGINEER'S ORGANIZATION:

The ENGINEER 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 ENGINEER 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


II - 33

under this contract, the ENGINEER shall, with the approval of the COUNTY

replace such employee with an employee of substantially equal abilities and

qualifications.

The ENGINEER 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 his employees as may be necessary.

The ENGINEER shall require in each subcontract, a provision that requires each

subcontractor to advise the ENGINEER promptly of any significant changes in

the organization of such subcontractor, and the ENGINEER shall promptly advise

the COUNTY of any such changes reported to the ENGINEER or otherwise

discovered by the ENGINEER.

11. EMPLOYMENT DISCRIMINATION BY CONTRACTORS PROHIBITED:

During the performance of any contract awarded pursuant to this RFP, the

ENGINEER agrees as follows:

A. The ENGINEER 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

ENGINEER. The ENGINEER agrees to post in conspicuous places,

available to employees and applicants for employment, notices setting

forth the provisions of this nondiscrimination Article.

B. The ENGINEER, in all solicitations or advertisements for employees

placed by or on behalf of the contractor, will state such contractor 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.

12. 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 ENGINEER certifying to the completeness and accuracy

of the work performed.

13. COMPOSITION:


II - 34

If the ENGINEER hereunder is comprised of more than one legal entity, each

entity shall be jointly and severally liable hereunder.

14. 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

ENGINEER 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.

15. DELIVERY POINT, INSPECTION, AND APPROVAL:

All items required to be furnished by the ENGINEER under this contract shall be

delivered at the ENGINEER'S expense to the attention of the County's authorized

representative located at:

Development and Capital Services Division

Department of Planning & Growth Management

200 Baltimore Street, P.O. Box 2150

La Plata, Maryland 20646

The ENGINEER will be notified if the submittal, or any portion thereof, is

rejected. In this event, the ENGINEER 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, subject only to the provisions of Article 5 "Disputes" of the General

Provisions of this contract.

16. DESIGNATION OF COUNTY'S REPRESENTATIVE:

The ENGINEER'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.


II - 35

17. DOCUMENT STANDARDS:

A. Plan format and contents shall be consistent with the County=s plan

preparation manual.

B. 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).

C. Bibliographies. If the preparation of reports and other narrative statements

involves the use of reference and research materials, the ENGINEER shall

prepare a bibliography of such material and include it in the final

document. Each bibliography shall include the following information:

1. Books

a. Name of author or authors, editors, or institution

responsible for writing the book.

b. Full title of book (including subtitle, if there is one).

c. Series name and number (if applicable).

d. Volume number (if any).

e. Edition (if not the original).

f. City of publication.

g. Publisher's name.

h. Date of publication.

2. Articles of Periodicals

a. Name of author.

b. Title of article.

c. Name of periodical.

d. Volume number.

e. Date of article.

f. Pages occupied by article.

18. 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 ENGINEER or subcontractor, the

ENGINEER 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.


II - 36

19. INVESTIGATION OF FIELD CONDITIONS:

The ENGINEER is to visit the areas where work is to be performed and by his

own investigation satisfy himself as to the existing conditions affecting the work

to be done. If the ENGINEER, including subcontractors, does not visit the area,

he will nevertheless be charged with knowledge of conditions, which a reasonable

inspection would have disclosed. The ENGINEER shall assume all responsibility

for deductions and conclusion as to the difficulties in performing the work under

this contract.

20. ONE YEAR GUARANTEE:

In the event the COUNTY requires a construction contract resulting from the

prepared work of the ENGINEER hereunder, to make repairs, replacement,

reconstruction or similar adjustments under the provisions of the construction

contract, the ENGINEER 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 ENGINEER 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 ENGINEER

is responsible.

21. PATENTS:

The ENGINEER 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 ENGINEER in the performance of the work.

22. PERMITS:

Without additional cost to the COUNTY, the ENGINEER 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.

23. PUBLICITY:

Except with the prior approval of the COUNTY, the ENGINEER shall not release

for publication any drawing, rendering, perspective sketch, photograph, report,


II - 37

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.

24. RESPONSIBILITY FOR MATERIALS AND RELATED DATA:

Except as otherwise provided in this contract,

A. The ENGINEER 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 ENGINEER 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.

25. RIGHT OF ENTRY:

Where rights-of-entry have not been obtained by the COUNTY, the ENGINEER

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 ENGINEER will be

advised as to arrangements previously made with landowners. The ENGINEER

shall assume all responsibility for and take all precautions to prevent damage to

property entered.

26. RISK, DAMAGES:

The ENGINEER shall assume all risks of injury to persons or property arising out

of ENGINEER'S sole negligent acts, errors or omissions in ENGINEER'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


II - 38

of bodily injuries to, and death of persons, and damages to property arising from

the sole negligent acts, errors or omissions of the ENGINEER in connection with

the prosecution of the work under this contract.

27. FEE AND PAYMENT:

For the furnishing of all services as specified herein, the ENGINEER shall be paid

the total fee specified. After completion of work as requested and prior to final

payment, the ENGINEER 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 ENGINEER shall be made on the basis of monthly

itemized invoices submitted for the actual percentage of physical work completed

by the ENGINEER 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 ENGINEER

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 ENGINEER 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 ENGINEER acknowledges that he has no

unsatisfied claim against the COUNTY arising out of this Contract and the

ENGINEER 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 ENGINEER under this

Contract.

28. 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.

29. 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


II - 39

when requested by COUNTY, shall be included in the fees and be at no additional

cost to the COUNTY.

30. CONFLICT OF INTEREST:

The ENGINEER 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.

31. FAIR TREATMENT OF SUB CONTRACTORS 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”

32. COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS:

A. Federal law requires that employers must verify that an individual whom

they plan to employ or continue to employ in the United States is

authorized to accept employment in the United States.

B. By submitting a bid/proposal in response to this solicitation, the

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.”

* * * END OF GENERAL PROVISIONS * * *


APP - 1

APPENDICES

TABLE OF CONTENTS

Title Page No.

Appendix 1 - Holiday Schedule ..............................................................APP - 2

Appendix 2 - CIP – Right of Way Plat Procedures..................................APP - 3

Appendix 3 - CIP – Plat Engineer Submission Checklists......................APP - 7

Appendix 4 - Standard Requirements For Easement & Right of Way....APP - 8

Appendix 5 – Vicinity Map .....................................................................APP - 12

Aerial Map …....................................................................APP - 13

Appendix 6 – Architect – Engineer Questionnaires.................................APP - 14


APP - 2

APPENDIX 1

CHARLES COUNTY GOVERNMENT HOLIDAYS

NEW YEAR'S DAY - January 1

MARTIN LUTHER KING JR.'S BIRTHDAY - Third Monday in January

WASHINGTON'S BIRTHDAY - Third Monday in February

GOOD FRIDAY - Friday before Easter

MEMORIAL DAY - Last Monday in May

INDEPENDENCE DAY - July 4

LABOR DAY - First Monday in September

COLUMBUS DAY - Second Monday in October

GENERAL ELECTION DAY - First Tuesday after first Monday in November

(Every two years)

VETERAN’S DAY - November 11

THANKSGIVING DAY - Fourth Thursday in November

DAY AFTER THANKSGIVING - Friday after Thanksgiving

CHRISTMAS DAY - December 25

If a holiday falls on a Saturday, that holiday will be observed on the Friday immediately

proceeding. If a holiday falls on a Sunday, that holiday will be observed on Monday following

next, unless otherwise designated.

Contract Work to performed within the Rights-Of-Way for Maryland State Highways shall

observe any requirements as set forth by the Maryland State Highway Administration.


APP - 3

APPENDIX 2

CIP-RIGHT OF WAY PLAT PROCEDURES

Department of Planning and Growth Management

Charles County, Maryland

Date Approved: _______________ Approved by:___________________________________________

_________________________________________________________________________________________

POLICY/PROCEDURE: CIP-RIGHT OF WAY PLAT REVIEW & APPROVAL

_________________________________________________________________________________________

1.0 Introduction:

These procedures have been established to provide an efficient and effective policy governing

the acceptance, processing, review and approval of CIP-ROW plats. For purposes of calculating

time, "days" shall refer to calendar days.

2.0 Plat Submission:

To formally request comments on a CIP-ROW plat, a submission consisting of the following

shall be submitted to the ROW Office, Second Floor, Charles County Government Building:

A. A complete set "CIP-ROW Plats" (All plat pages)

B. CIP- Plat Checklist and ENGINEER’S Transmittal Letter as the Receipt (Attachment

A)

C. Six (6) paper copies of the CIP-ROW plat with a CD containing TIF files compatible

with the Charles County Software.

D. Complete list of the properties involved in each stage of the project at 10%, 30%,

60% and Final with a copy of their contact letter, verified mailing address, DAT

records and Property Owners contact phone numbers.

2.1 The ROW Secretary will accept the CIP-ROW plat and shall complete the following

tasks:

2.1.1 Date stamp the ENGINEER’S transmittal form and CIP-Plat Checklist.

2.1.2 Date stamp each page of the plats received and distribute them to the CIP-

ROW Project Manager.

2.1.3 CIP-ROW Project Manager will update the CIP-ROW plat log and

distribute copies of the CIP-ROW plat as follows for review and comment.

The transmittal should include a maximum 14 calendar days during which

comments should be returned to the ROW Project Manager.

2.1.3.1 CODES, PERMITS, AND INSPECTION SERVICES - Plan Review


APP - 4

Consultant review for easement, dedication areas, and

rights-of-way adequacy as compared to the construction plans.

2.1.3.1.a On Design Build Projects CIP-ROW plats will not be submitted to Plan

Review Consultant for review.

2.1.3.2 RIGHT-OF-WAY AGENT- review for easements, Fee Takes, dedication

areas, rights-of-way adequacy and plat standard formats as shown on

Attachment B. ROW agent to utilize Attachment C checklist for all plat

reviews.

2.1.3.3 CIP-T, or CIP-W&S PROJECT MANAGER- review for rights-of-way

adequacy compared to the construction plans with respect to contract

scope, contract objective, direction given and agreements made during

staged development of design, minimization of costs, and feasibility of

construction.

2.2.1 CIP-ROW Project Manager will record the date of received comments on

the CIP-ROW Plat submission in the CIP-ROW Plat Log to monitor

comments from all reviewing the plats.

3.0 Comments to Design Engineer:

Once comments have been received from the above agencies/departments or a period of 14

calendar days has elapsed, whichever occurs first, a comprehensive status letter and or email

shall be sent to the Design Engineer by the CIP-ROW Project Manager (with a cc: to the

appropriate CIP Project Manager), listing comments from or status of all review

agencies/departments within 5 calendar days. These initial comments shall reflect a complete

and thorough review of the project.

3.1 For each subsequent submission of the CIP-ROW plats repeat procedures 2.1 through 3.0

for a full review.

4.0 Final Review:

Upon re-submission of the paper copies of the revised final plat by the Design Engineer, the

ROW Project Manager shall send corrected copies to all reviewing agencies to make a

determination that the comments have been satisfactorily addressed. The reviewing agency will

receive 5 complete calendar days for response.

4.1 Determination That All Comments Have Been Addressed - If it is determined that all

comments have been satisfactorily addressed, the ROW Agent and Codes, Permits, and

Inspection Services

Plan Review Consultant shall provide comments that the plats have completed review.

4.2 Determination That All Comments Have Not Been Addressed - When it is the

determination that comments have not been addressed, or if there is a question as to

whether or not they have been satisfactorily addressed by the Design Engineer, the CIP-T


APP - 5

Project Manager by letter shall advise the Design Engineer to resolve the issues with

those outstanding comments.

5.0 CIP-ROW Project Manager will confirm receipt, verify completion and approval and check for

appropriate approvals in the CIP - ROW Plat log. Once approval is received from all agencies

the ROW Project Manager will email CIP-T, or CIP-W&S Project Manager with an approval

confirmation.

6.0 Approval by Chief of Capital Services, Department of Planning and Growth Management:

6.1 Upon verification of approval of all appropriate agencies, the (4) Mylar plats and (6)

paper copies, with a transmittal letter requesting signature of the Mylar plats, shall be

hand delivered to the Administrative Secretary to the Chief of Capital Services, Planning

and Growth Management.

6.2 The Chief of Capital Services, Planning and Growth Management shall then affix his

signature to the final plat, within a signature block on the plat.

7.0 Recordation:

Once the plats have been signed and returned by the Chief of Capital Services, CIP-ROW

Project Manager will submit for Recordation two copies of the final plat one (1) Mylar, one (1)

paper), to the Clerk of the Circuit Court, located on the second floor of the Charles County

Courthouse. The Clerk will provide the Plat Book and Page numbers, which will be written on

all copies and reproductions of the final plats.

8.0 Reproduction:

The CIP-ROW Project Manager will contact the Design Engineer to pick-up one (1) Mylar copy

of the signed recorded plat, reproduce the number of copies necessary for distribution, and return

the copies and reproductions along with a CD with the .Tif files to the ROW Office. When

copies and reproductions are received, the ROW Agent will verify all to be true and correct then

the CIP-ROW Project Manager will distribute to appropriate agencies.

9.0 Distribution:

9.1 Copies of the recorded CIP-ROW plats shall be distributed by ROW as follows:

CD image files

Paper copies Mylar TIF

9.1.1 ROW (file copies) 3 1 original 1

9.1.2 CIP - Transportation 1 1

9.1.3 CIP - Water/Sewer 1 1

9.1.4 Health Department 1

9.1.5 Public Facilities 1 1

9.1.6. 911 Services 1

9.1.7. Assessment Office 1 1 original

9.1.8. Utilities 1 1


APP - 6

10.0 File Maintenance:

10.1 Recorded CIP-ROW Plats and Mylars shall be filed by project in the flat files

located in the Planning and Growth Management Office (PGM).

10.2 CIP-ROW Plat log file. The CIP-ROW Plat log which was previously created

(see 2.2.1) shall now be updated with the Plat Book, Page numbers of the

recorded plat.

10.3 Digital files shall be saved to a folder named with the date received in the path ....

CIP/Projects/(Project Name)/PLATS/(date received).


APP - 7

APPENDIX 3

CIP PLAT ENGINEER SUBMISSION CHECKLIST

Project Name: Date:

PROJECT PROGRESS SUBMISSION GUIDELINES

Yes No

SUBMISSION GUIDELINES

Yes No

1. Does the revision block show the date of the current submission or is it the 1st submission?

2. Is a point-by-point response letter attached with the submission addressing previous comments and design changes?

3. Does the submission include the required (6) copies of the plats and CD with the .TIF files?

4. Is this the Final Submission with 4 Mylar(s), 6 Plats(s) with the Surveyors Seal and Surveyors signature on all pages?

5. Is the required documents for submittal to 911 and the Health Department attached?

PLAT STANDARDS

Yes No

1. Are all improvements shown on the plats as required by the plat standards?

2 Are all driveway, carports, fences, etc. shown on the plats?

3. Are the septic system, drain fields and wells shown on the plats where applicable?

6. Match Lines; are contiguous with existing lot, property, easement or ROW lines and match line station agree

With all connecting plat pages?

7. Limiting Statement for CIP plats and plats prepared specifically to convey property to the County shown on plat?:

"This plat has been prepared for the exclusive use of Charles County Planning and Growth Management for the

acquisition of the property, easement(s) and/or right(s)-of-way shown hereon."

Signature Date

Engineering Firm

1. 10% Mosaic Submission including the road alignment or easements for water, sewer, along with the required list of property owners, copy of contact letters, verified address and phone numbers ?

2. 30% Submission including Fee Simple for the road alignment or easements for water, sewer, along with the required list of property owners, copy of contact letters, verified address and phone numbers ?

3. 60% Submission with Fee Simple for the road alignment, Public Drainage Easements, Public Storm Water Management Easements, Temporary Construction Easements, Water Easements and or Sewer Easements along with the required updated list of property owners, copy of contact letters, verified address and phone numbers?

4. 100% Submission with Fee Simple for the road alignment, Public Drainage Easements, Public Storm Water Management Easements, Temporary Construction Easements, Water Easements and or Sewer Easements along with the required updated list of property owners, copy of contact letters, verified address and phone numbers?

4. Is the Tax Map, Parcel, Liber, Folio numbers and current property owners information shown on all parcels and adjacent parcels?

5. Legend; accurately identifies all line types used to delineate right-of-way, easement areas, well, septic system etc. and the lines are clearly labeled on the plat?

The Engineering Firm hereby certifies that CIP plat is complete as referenced in the above submission and that the information provided is correct. Incomplete submissions will not be accepted for review and will be returned within three (3) working days of the initial submittal date.


APP - 8

APPENDIX 4

CHARLES COUNTY PLANNING & GROWTH MANAGEMENT

STANDARD REQUIREMENTS FOR EASEMENT AND RIGHT-OF-WAY PLATS

CAPITAL IMPROVEMENT PROJECTS

The purpose of these Standard Requirements is to set forth guidelines for the preparation

of plats to be used by Charles County Capital Improvement Program.

The plats prepared under these guidelines will be used for legal descriptions of the

property rights to be acquired for the subject project and during negotiations with property

owners. Therefore, the plats must be technically accurate and complete and at the same time be

clear and concise enough to explain to the average layman.

Reasonable divergence from these guidelines will be allowed as long as generally

recognized standards of engineering surveying practice are followed and the basic purpose of the

plats is not adversely affected. Any substantial divergence from these standards to meet the

requirements of special or unusual situations must have the prior written approval of the Property

Acquisition Officer (PAO).

1. General Format

a. Sheet size - The standard plat will be

18" X 24". Any other size must have prior approval from PAO.

b. Title blocks - Title blocks shall be shall include such items as

project name, election district, county, state, engineering firm,

date, scale, sheet number, and number of sheets.

c. All plats shall exhibit the signature and seal or number of the

ENGINEER or surveyor responsible for the preparation of the plat.

d. A vicinity/project location map shall be shown on all plats. Scale

shall be 1 inch equal 2,000 (or less) feet.

e. Scale - Plats will normally be drawn to the same scale as the

project plans. In certain instances smaller scales will be allowed in

the interest of economy providing the smaller scale will not affect

the clarity of the plat. In no case, will a scale smaller then 1" =

100 be allowed. Larger scale drawings or insets at a larger scale

will be required as needed for clarity. The scale used shall be

shown both graphically and numerically.

f. Dates - All plats will show the date they were originally prepared

and the date of any revisions.

g. Limiting statement - All plats shall bear a statement substantially

as follows: "This plat has been prepared for the exclusive use of

Charles County Planning and Growth Management for the

acquisition of the easement(s) or right(s)-of-way shown hereon".


APP - 9

h. Sources of information, such as deed descriptions or recorded

property plats, used in preparation of the plat shall be stated on the

plat.

I. The name and deed reference for owners of all properties adjacent

and contiguous to the parcel(s) from which the easement or right-

of-way is to be obtained shall be stated on the plat.

j. The number of properties to be shown on each plat will depend on

the particular project. Normally, separate plats are prepared for

each property for acquisitions through large, undeveloped tracts of

land, while plats for the acquisition of road rights-of-way will

normally show a given, uniform length of right-of-way on each

plat and the abutting properties along that section of right-of-way.

k. Plats shall show existing improvements and major topographical

features such as existing paving, buildings, streams, landscaping,

wells, septic tanks, drain fields, fences, etc.

l. All easements and/or right-of-way boundary lines, property lines,

base lines, etc. shall be clearly labeled. The use of legends to

explain symbols is required. Takings are to be described as Fee,

Public Drainage Easement, Public Storm Water Management

Easement, Slope Easement, Water Easement, Sewer Easement,

Temporary Construction Easement, or as otherwise necessary and

appropriate combination easements.

m. Surveyor’s Certificate language shall read as “I hereby certify that

this plat is correct and was prepared based on documents of

record.”

2. Survey Information

a. North arrow - each plat shall have a north arrow, labeled to

indicate the reference system being used. The north arrow shall

have the same bearing as shown on the project plans, which shall

be generally pointing toward the top edge of the plat.

b. Descriptions - Easements and/or rights-of-way shall be defined by

bearings and distances around their perimeter. Where appropriate,

points on the easements or rights-of-way lines shall be referenced

to the state grid system. The area of the property to be acquired

will be stated in square feet and acres with four (4) decimal places.

Areas will be stated on the plat if three or less properties are shown

on the plat. Otherwise a separate listing of the properties and the

areas to be acquired will be submitted. Separate narrative legal

descriptions are not required unless


APP - 10

specified. Bearings and distances for property lines of properties

affected by the acquisition do not need to be given on the plat

unless they are one of the boundary lines of the area to be acquired.

Plus, and minus distances are not acceptable without prior

authorization of the PAO.

c. Monuments - All apparent markers found in the field, and markers

set in the field which are intended to be permanent, shall be

indicated on the plat.

d. Stakeout – Provide stakeout when required by Charles County, and

in accordance with, the following as it relates to takings and

easements added to private property. Stakes and hubs shall be set

at all corners and break points.

1. Pink flagging at fee simple right-of-way.

2. White flagging on Public Drainage Easements.

3. Yellow flagging on Temporary Easements.

4. Orange flagging on Public SWM.

5. Blue flagging on Water Easements.

6. Green flagging on Sewer Easements.

7. Red flagging on Slope Easements.

3. Easement Widths

a. The minimum acceptable width for all types of permanent

easements is fifteen (15) feet. However, all easements shall be

adequate for maintenance purposes, and shall be in accordance

with Charles County Ordinances and guidelines.

b. The distances that permanent storm drainage easements extend

from road rights-of-way will be adequate to maintain the inlet and

outlet areas of the drainage structure.

c. The width of temporary or permanent slope easements will be

dependent upon the requirements of the proposed construction.

4. The minimum acceptable widths for permanent road rights-of-way will be

as stated in the latest edition of the Charles County Road Ordinance.

5. Miscellaneous Provisions

a. Although boundary surveys of each property affected by the

proposed easement and/or right-of-way acquisition are not

required, it is expected that adequate information will be obtained

to allow the easement and/or right-of-way to be located with

respect to the property lines of the property affected. In certain

instances, an overall plat will be required.

Middletown Road and Billingsley Road Roundabout Bid #13-13

APP - 11

b. Plats will be reviewed for acceptance by the review Consultants

and CIP ROW. Once approval is obtained from the CIP ROW

Project Manager, four (4) sealed Mylar and six (6) sealed paper

copies will be submitted for recordation.

c. All plats will be prepared in a legible manner. Lettering less than

1/8 inch in height will be unacceptable, as will unsuitable line

weights that can not be scanned through the recordation process.

d. All survey data and plats shall be submitted to Charles County in

digital format. Plats shall be in no older version than AutoCAD

R14 and no more current than the version acceptable by Charles

County software (Contingent Item 109).


APP - 12

APPENDIX 5

- VICINITY MAP -

Middletown Road and Billingsley Road Roundabout

SITE VICINITY MAP

ADC MAP 9, E-4


APP - 13

- AERIAL MAP -


APP - 14

APPENDIX 6

ARCHITECT & ENGINEER QUESTIONNAIRES

All respondents are required to submit a current

Standard Form 330 with their Proposal.

The SF 330 can be downloaded from the Charles County Bid Board