BUILDING AND TRADE PERMIT INSPECTION ... - Charles …...Charles County Government Building 200...

PROFESSIONAL SERVICES CONTRACT

REQUEST FOR PROPOSAL

CHARLES COUNTY, MARYLAND

BUILDING AND TRADE

PERMIT INSPECTION SERVICES

BID NUMBER 13-03

AUGUST 2012

Prepared By:

CODES, PERMITS AND INSPECTION SERVICES DIVISION

DEPARTMENT OF PLANNING AND GROWTH MANAGEMENT

Table of Contents

DIVISION I

NOTICE .................................................................................................................................... I - 1

INSTRUCTIONS TO PROPOSERS ................................................................................................ I - 2

PROPOSAL FORM .................................................................................................................... I - 5

CONTRACT .............................................................................................................................. I - 6

ADDENDUM CERTIFICATION .................................................................................................... I - 8

CHARLES COUNTY MBE UTILIZATION AFFIDAVIT ...................................................................... I - 9

PROPOSED MBE SUB CONTRACTORS ..................................................................................... I - 10

MBE UTILIZATION – POST AWARD ......................................................................................... I - 11

NON-COLLUSION AFFIDAVITS ................................................................................................ I - 12

METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS RIDER CLAUSE ......................... I - 13

DIVISION II

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

GENERAL PROVISIONS .......................................................................................................... II - 11

APPENDIX

HOLIDAY SCHEDULE ........................................................................................................... APP - 1

SAMPLE BUILDING INSPECTION CHECK SHEET ..................................................................... APP - 2

DIVISION I

BUILDING AND TRADE PERMIT INSPECTION SERVICES RFP No. 13-03

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CHARLES COUNTY GOVERNMENT

Department of Fiscal & Administrative Services

Purchasing Division

NOTICE

RFP NO. 13-03

The County Commissioners of Charles County are hereby requesting proposals from qualified,

multi-disciplined firms to provide building, electrical, on-site utility, and plumbing inspection services

for all construction use types; residential, commercial, industrial, and property maintenance.

Bid instructions may be obtained on our website at www.charlescountymd.gov. To register or

inquire about these proposal documents and solicitation schedule, contact the Purchasing Office,

telephone 301-645-0656 (local) or 301-870-2786 (metro). It is encouraged that firms register with the

Charles County Purchasing Office for this project by emailing company contact information to

[email protected]. Proposals will be accepted until 11:00 a.m. on September 25.

2012 and must be labeled RFP 13-03, BUILDING AND TRADE PERMIT INSPECTION

SERVICES. The County Commissioners reserve the right to reject any or all proposals and to waive

any informality in the proposal received when such waiver is in the best interest of Charles County.

Inquiries of a technical nature should be directed Frank Ward, Chief of Codes, Permits and

Inspection Services for the Department of Planning and Growth Management, fax 301-645-0622 or e-

mail [email protected] at least 14 calendar days prior to the proposal submission date.

The County Commissioners reserve the right to reject any or all proposals and to waive any

informality in the proposal received when such waiver is in the best interest of Charles County.

Qualified small, local and Minority Business Enterprises are encouraged to respond to this solicitation.

Frederick D. Shroyer

Chief of Purchasing

Publish one (1) time .......................................................................................... issue of August 10, 2012


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INSTRUCTIONS TO PROPOSERS

1. PREPARATION OF PROPOSAL:

Proposal shall be submitted on “Proposal Form,” attached hereto. All blank spaces of the form shall be

fully completed. All inspection categories on the proposal form should be complete with a proposed fee

for each type of inspection. Only one contract will be awarded for this service, therefore the selected

firm must be able to perform all the inspections required.

2. PERFORMANCE DATA EMPLOYMENT STATUS, QUALIFICATIONS:

Find attached Architect/Engineer Questionnaire (SF-330) and insert requested information. All blank

spaces of the form must be fully completed.

3. SUBMISSION OF BID PROPOSALS:

Complete proposal packages must be received on or before the time and date specified herein. Any

packages received after the specified due date and time will be considered non responsive and will be

returned. It is requested two (2) copies of the completed proposal package have original signatures,

accompanied by five (5) photocopies of the complete proposal package. The proposals package should

be sent to:

Sonya Williams

Assistant Chief of Purchasing

Charles County Government Building

200 Baltimore Street (Courier)

P.O. Box 2150 (U.S. Mail)

La Plata, Maryland 20646

Proposals shall be valid for a period of not less than one hundred twenty (120) days.

4. SIGNATURES:

The proposals must be signed by an officer authorized to make a binding commitment for the Proposer.

5. AWARD OF CONTRACT:

Criteria to be used in the evaluation of proposals and any subsequent award will include, but not be

limited to, the following:

A) Statement of Qualifications & Experience (60%)

B) Proposal Form (40%)

The evaluation of proposals and subsequent selection will be performed a Selection Committee.

6. ADDITIONAL INFORMATION:

Inquiries concerning proposal information or proposal documents should be directed to the Purchasing

Office, Charles County, Maryland telephone (301) 645-0656.

If there are questions of a technical nature, direct written inquiries, at least 7 days prior to submission

due date, to:

Frank Ward, Chief

Department of Planning & Growth Management


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Codes, Permits and Inspection Services Division

Fax: 301-645-0622

E-mail: [email protected]

7. ACCEPTANCE OF PROPOSALS:

Charles County intends to award a contract to the Proposer that best satisfies the needs of the County.

The contract will be awarded to that firm which, in the County’s opinion, has submitted the best overall

proposal, price, qualifications, and other factors considered. This request does not commit the County to

award a contract or to award to that firm which has submitted the lowest fee. 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 Proposer shall meet all standard provisions required by the County and by the involved

government agencies. The County reserves the right to reject any or all proposals.

8. INCURRING COSTS:

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

9. NEWS RELEASE:

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

will be made without County approval.

10. ADDENDA AND SUPPLEMENTS TO THE RFP

In the event that it becomes necessary to revise any part of this Proposal Request, or if additional

information is necessary to enable the Proposer to make an adequate interpretation of the provisions of

this Proposal Request, a supplement to the Proposal Request will be provided to the Proposer. It is

responsibility of the Proposer to become registered with the Charles County Purchasing Office to ensure

notification of any future updates or amendments to this project. The Proposer shall acknowledge in the

proposal, the receipt of all addenda, supplements, amendments, or changes to the Proposal Request that

were issued by the County.

11. PUBLIC INFORMATION ACT NOTICE:

Bidders/offerors should identify those specific portions of their bids/proposals which they deem to

contain confidential and/or proprietary information. Such information must be specifically noted as

being confidential or proprietary, either individually where the information is located, or in a

consolidated listing contained within the bid/proposal. Bidders/offerors must also provide justification

explaining why the material should not be subject to disclosure by the County upon request under the

provisions of the Maryland Public Information Act. Bidders/offerors may not simply declare their entire

bid/proposal package to be confidential or proprietary. Failure to provide specific identification and

justification as required above may result in the County releasing the information if requested to do so.”

12. MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM

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

Enterprise (MBE) Program which applies to all formal solicitations. This is a goal oriented program with

a minimum 25% MBE participation goal for each project.

The County recognizes, as Minorities, the following groups as defined in the Maryland State Highway

Association’s MBE program and include: 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 the Charles County Local Government.

Information concerning the Charles County MBE Certification Process may be obtained by contacting


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the Charles County Purchasing Office, phone (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 requested to complete the form and submit it with their bid.

13. 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 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 review the circumstances of the

protest, and make a determination, with review and comment by the County Attorney. The ultimate

determination shall be that of the Chief of Purchasing and shall be final.

The Chief of Purchasing shall review an eligible protest timely received, verify the merits of the protest,

and make a determination whether to sustain or reject the protest. The Chief of Purchasing shall then

forward his written determination to the County Attorney, along with appropriate information and

documentation concerning 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.

If the County Attorney concurs with the determination of the Chief of Purchasing, that determination

shall be considered final, and written notice thereof sent to the protestor, with a copy sent to the County

Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation with the County

Attorney, shall determine the appropriate remedy to redress the protest.


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FIRM’S NAME AND ADDRESS:

Date:

PROPOSAL FORM

The County Commissioners of Charles County, Maryland

Charles County Government Building

Post Office Box 2150

La Plata, Maryland 20646

Honorable Commissioners:

This proposal is submitted in accordance with your “Notice” inviting proposals to be received for

the work outlined in the “Scope of Services” attached hereto for RFP No. 13-03, Building and Trade

Permit Inspection Services.

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:

I. BUILDING INSPECTION SERVICES

Note: Residential building inspection fees are assessed on a per inspection basis. Commercial building

inspection fees are calculated on a gross square foot of enclosed space not to exceed a maximum

fee. Not all listed inspections for permit will be required. The required inspections list will be

furnished with the issued building permit. If additional inspections are required, approval from

the Chief of CPIS must be obtained prior to inspection. Non-approved inspections will not be

payable to the contractor. Approval will be in an inspection record reacted in the Charles

County Permit System for the applicable permit.

A. New Single Family Dwelling Unit SFD

Building footing inspection $

Building foundation inspection $

Building foundation rebar inspection $

Building slab inspection $

Building framing inspection $

Load path inspection $

Building energy efficiency inspection $

Building final inspection $

B. Manufactured/Industrialized Homes SFD







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C. New Townhouse TH









D. New Multi-Family Dwelling MFD









E. Driveway Entrance Inspection (as applicable) DW

Driveway entrance final inspection $

F. New Apartment (treated as commercial) APT

Building structures up to 5,000 sq. ft. $

Building structures over 5,000 sq. ft $

G. Residential Additions (attached garage, carport, porch) RAD









H. Residential Alterations (including finishing basement) RAL








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I. Sheds and Pole Buildings SHB






Separate framing inspection $

Separate final inspection $

Combination framing and final inspection $

J. Swimming Pools P


K. Detached Garage/Carport GCP









L. Fireplaces, Woodstoves MIR




M. Decks, Retaining Wall, etc. MIR



N. New Commercial, Industrial and Additions (up to 5,000 sq. ft.) NC CAD

Fee per square foot $

O. New Commercial, Industrial and Additions (over 5,000 sq. ft.) NC CAD


P. Commercial, Industrial Alterations CAL


Q. Commercial, Industrial for Change of Occupancy (no construction) GC


Fire Marshall final inspection $


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R. Tents/Stages (carnivals, circuses, events) MIC


S. Accessory Storage Buildings MIC



T. Signs SGN

Freestanding:



Wall:



U. Antenna Tower MIC



V. Buried Fuel Tank and Piping MIC

Pre-concealment $


W. Sales/Construction Trailer MIC


X. Demolition of a Building DEM


Y. Re-inspection – when necessary to make an additional trip to the site, to re-inspect an

incomplete or incorrect installation, or if inspection is not ready as scheduled, for any of

the above areas.

Re-inspection fee $

Z. Single Inspection Fee (all building types as ordered by the Code Official such as a

preliminary inspection)

Inspection fee residential $

Inspection fee commercial $

AA. Temporary Use and Occupancy Inspection


II. PLUMBING AND GAS (WHEN INSTALLED)

Note: Residential plumbing inspection fees are assessed on an inspection basis. Commercial plumbing

inspection fees are made on a fixture count basis for a maximum fee.

A. New Dwelling Unit SFE/TH/MFD Single Unit/APT Single Unit

Underground slab inspection : $

Rough-in inspection $


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Plumbing final inspection $

B. Residential Alterations and Additions RAL RAD




C. New Commercial, Industrial and Additions NC CAD

Minimum per building $_____________ plus $____________ each fixture over five (5)

D. Commercial and Industrial Alterations CAL

Minimum per building $_____________ plus $____________ each fixture over five (5)

E. Commercial and Industrial for Change of Occupancy (no construction) GC


F. Demolition of a Building DEM


G. Re-inspection – when necessary to make an additional trip to the site, to re-inspect an


the above areas.

Re-inspection fee $

H. Single Inspection Fee (all building types as ordered by the Code Official such as a



Inspection fee commercial $

I. Miscellaneous Permit Inspection Fee (Hot water heaters, sprinkler backflow devices, etc)

Inspection fee $

J. Gas Pressure Test Inspections (when called for separately by contractor)

Inspection fee $

III. SEWER AND WATER (RESIDENTIAL ONLY) WS

A. Sewer lateral $

B. Water lateral

$

C. Water Meter

$

D. Combination Water/Sewer lateral

$

E. Re-inspection – when necessary to make an additional trip to the site, to re-inspect an


the above areas.

Re-inspection fee $


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F. Single Inspection Fee (all building types as ordered by the Code Official such as a


Inspection fee $

IV. ELECTRICAL

RESIDENTIAL FEE SCHEDULE

A. All types of residential dwelling units SFD/TH/MFD Single Unit/APT Single Unit

Underground inspection : $

Rough wire inspection $

Final inspection $

B. All types of residential alterations and additions RAL/RAD



Final inspection $

C. Swimming pool (in ground) P

Underground inspection : $

Pool reinforcement bonding inspection $

Deck reinforcement bonding inspection $

Final inspection $

D. Separate service for detached sheds, pole building, garages & other miscellaneous

structures

Underground slab inspection $


Final inspection $

E. Single Inspection Fee (all building types as ordered by the Code Official such as a


Inspection fee $

F. Miscellaneous Permit Inspection Fee (Electrical Water Heaters, Satellite or cable systems

etc.)

Inspection fee $

COMMERCIAL AND INDUSTRIAL FEE SCHEDULE

A. Outlets (all switches, lighting and receptacles are counted as outlets)

1-50 outlets $

Each additional 25 outlets or faction thereof $

B. Fixture

1-50 fixtures $

Each additional 25 fixtures or faction thereof $


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C. Heating and cooling equipment

Outlet for each unit of 30 KW or less $

Outlet for each unit of more than 30 KW $

D. Motors, each

1 – 6 HP $

Over 6 HP (per HP) $

E. Transformers, each

All types, per Kva $

F. Service – meter equipment

Not over 200 amp $

Over 200 amp to 400 amp $

Over 400 amp to 1,000 amp $

Over 1,000 amp $

G. Feeders and subpanels

Not over 200 amp $

Over 200 amp to 400 amp $

Over 400 amp to 1,000 amp $

Over 1,000 amp $

H. Protective signaling systems

First 15 devices $

Each additional five (5) devices $

I. Signs (illuminated only)

Underground slab inspection $


Final inspection $

J. Re-inspection – when necessary to make an additional trip to the site, to re-inspect an


the above areas.

Re-inspection fee $

K. Single Inspection Fee (all building types as ordered by the Code Official such as a


Inspection fee $

L. Miscellaneous Permit Inspection Fee (Electrical Water Heaters, Satellite or cable systems

etc.)

Inspection fee $

M. Commercial and Industrial for Change of Occupancy (no construction) GC

Electrical final inspection $


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V. MECHANICAL INSPECTION FEES

A. New Dwelling Unit SFE/TH/MFD Single Unit




B. Residential Alterations/Additions/Detached Structures RAL/RAD/GCP/SHB




C. New Apartment Unit APT



D. New Commercial, Industrial, Additions, Alterations and APT Common Areas

NC/CAD/CAL/APT

Minimum fee $

Commercial Calculations

____________ X Heat BTU’s + Air Conditioning System Tonnage

VI. PROPERTY MAINTENANCE FEES

Inspection fee per trip $

VII. EMERGENCY CONDITION INSPECTIONS

Hourly rate for inspector for emergency work as called out in the section related to Emergency

Work.

Per inspector per hour $

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

(Signature)

(Printed Name)

(Title)

(Phone) (Fax)

PROJECT LEAD

Please include the initial source

of the information regarding this project.

o Charles County Website

o E-Maryland Marketplace

o Charles County Channel 95

o Newspaper

o Other


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CONTRACT

This CONTRACT made this day of , in the year Two Thousand Twelve,

by and between ___________________________ hereinafter called the CONTRACTOR and the

CHARLES COUNTY COMMISSIONERS, hereinafter called the COUNTY.

WHEREAS, the CONTRACTOR will provide the necessary services for RFP No. 13-03,

BUILDING AND TRADE PERMIT INSPECTION SERVICES, 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 therefor in the proposal, attached hereto;

NOW, THEREFORE, THIS CONTRACT WITNESSES, that the CONTRACTOR hereby

covenants and agrees with the COUNTY that he will well and faithfully provide said necessary services

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 unit 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 CONTRACTOR hereby agrees to commence work under this CONTRACT on or before a

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

project for a Two (2) year term contract period.

And the COUNTY hereby covenants and agrees with the Consultant that it will pay to the

CONTRACTOR 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 of the terms of said


CONTRACT – (Page 2 of 2)

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award. In witness whereof, said CONTRACTOR and the COUNTY have caused these presents to be

executed in the year and day first above mentioned.

County Commissioners of Charles County, Md

(Name of Firm)

BY:

By:

Candice Quinn Kelly, President

(Title) (Date)

(Date)

(Address) Approved as to Form:

(City and Zip Code) (County Attorney)

(Witness) (Witness)

(Date)

(Secretary)

(SEAL)

NOTE: IF CONTRACTOR IS A CORPORATION, SECRETARY SHOULD ATTEST.


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ADDENDUM CERTIFICATION

Proposal Number: 13-03

Project Name: Building and Trade Permit Inspection Services

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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CHARLES COUNTY MBE UTILIZATION AFFIDAVIT

BID NO. 13-03

Name of Bidder/Proposer:

Please respond to the following questions: Check One

Yes N o

1. Certified Minority Business Enterprise?

a. Certified by: State of Maryland?

b. Federal 8-A Registration?

c. Charles County Local Government?

d. Other (please list)

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 on the following page 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

(if applicable)

COMPANY NAME & ADDRESS: __________________________________________________

(Include City, State, Zip Code

and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES __________________________________________________

________________________________________________________________________________

* MINORITY CLASS ______________________ PERCENT OF PARTICIPATION _______

═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═



and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES

________________________________________________________________________________

* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______

═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═



and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES __________________________________________________

________________________________________________________________________________

* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______

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

See Page 1 for list of Minority Classes


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MBE UTILIZATION – POST AWARD

PROJECT TITLE: BID NUMBER:

VENDOR’S NAME:

CONTACT PERSON:

ADDRESS: PHONE:

____________________________________ FAX:

EMAIL:

ORIGINAL CONTRACT AWARD: __________________________________

CONTRACT DATE:

MBE UTILIZATION PROPOSED: %

CURRENT PAYMENT REQUEST

PAYMENT REQUEST #: PAYMENT REQUESTED: $

MBEs UTILIZED: $

COMPANY NAME (MBEs Only) PAYMENT

$

$

$

$

$

TOTAL $

Please attach additional MBEs if necessary

TOTAL PAYMENT REQUESTS TO DATE (INCLUDE CURRENT PAYMENT REQUEST)

TOTAL PAYMENT RECEIVED: $

TOTAL MBE UTILIZED: $

I certify that the information I have provided on this document is true, complete and correct to the

best of my knowledge.

Signature Date

Print Name


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NON-COLLUSION AFFIDAVITS

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 written above.

Notary Public My Commission Expires


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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.

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.

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.

___ 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

___ 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 & Rappahannock Trans. Comm. ___ Prince George's Community College ___ Prince George's County, Maryland


I - 14

___ District 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

___ 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

DIVISION II

SPECIAL PROVISIONS TABLE OF CONTENTS

I. GENERAL ............................................................................................................................ II - 1

II. SCOPE OF SERVICES ........................................................................................................ II - 1

III. INSPECTION QUALIFICATIONS ..................................................................................... II - 8

IV. RECORDS ............................................................................................................................ II - 8

V. CERTIFICATE OF USE AND OCCUPANCY ................................................................... II - 9

VI. CONTRACT TERM/PRICING ............................................................................................ II - 9


II - 1 SPECIAL PROVISIONS

SPECIAL PROVISIONS

I. GENERAL

The project consists of providing building, electrical, on-site utility and plumbing inspection

services for all construction use types: residential, commercials, industrical and property

maintenance.

II. SCOPE OF SERVICES

A. Contractor is to provide building, electrical, plumbing, water and sewer, mechanical and

property maintenance inspections for all new construction, additions and alterations of

residential, commercial and industrial structures in Charles County, excluding the Town

of Indian Head and Tow of La Plata. All work performed under this contract shall be in

accordance with the General Provisions, Special Provisions and the requirements of the

County.

The number of inspections required per year, under this contract is approximately 11,000

building inspections, 4,000 plumbing inspections (including water and sewer laterals),

6,000 electrical inspections and 3,000 mechanical inspections. The number of property

maintenance inspections is yet to be determined. These amounts do not commit the

County to minimum or maximum number of actual inspection that may be required

during this contract. Inspections are made by the close of the next business day of request

by owners, contractors or permit holder.

B. Normal working hours and a business day shall be from the hours of 7:30 a.m. to 4:30

p.m. Inspections may be schedule 24 hours in advance. Contractor shall accept fax,

email, and web based inspection requests. When possible, same day inspections shall be

honored. The inspector shall be available for contractor and homeowner inquiries from

7:30 a.m. to 8:30 a.m. The inspectors shall be able to be contacted periodically by the

contractor or the Chief of Codes, Permits and Inspection Services (CPIS) or designee

either by direct telephone, pager or coordinated call. If delays in arriving to an inspection

extend past 4:00 p.m., the permit holder will be afforded the opportunity to reschedule a

failed inspection the following morning even when inspection volume would otherwise

preclude that request.

Adequate travel and inspection time must be provided to the Contractor’s staff in order to

ensure the adequacy and quality of inspection.

C. In case of an emergency, when work requiring County supervision is to be performed on

Saturday, Sunday, holidays or for longer than eight (8) hours per day, the Contractor shall

request permission of the Chief of CPIS to do so. If, in the opinion of the Chief of CPIS,

the emergency is bona find, he will grant permission to the Contractor to work such hours

as may be necessary. Also if, in the opinion of the Chief of CPIS, a bona fine emergency

exists, he may direct the Contract to work such hours as may be necessary whether the

Contractor requests permission to do so or not.

D. Contractor is to provide building, electrical, on-site utility, plumbing, mechanical and

property maintenance inspection services in accordance with the Charles County Building



Code, and recorded with original signatures on paper or PDF check sheets as example

provided in Attachment A. The check sheet samples are to be provided by the County

and are produced by the contractor. The contractor will work with the County to replace

the paper check sheet during the life of this contract with electronic submittals in a format

to be determined such as PDF document.

E. Requests of inspection in Charles County shall be received by the Contractor from any of

the following sources:

1. By the County through the Chief of CPIS.

2. By the Property Owner.

3. By the building contractor or representative, licensed plumbing contractor or

licensed electrical contractor.

The requested inspections shall be performed within the time frame required as mentioned

above for the purpose of determining that the installations comply with the provisions of

the appropriate codes referenced herein.

No inspection may be performed until verification of permit issue and inspection

assignment has been made. The Chief of CPIS will provide to the contractor an electronic

record of each issued permit for the contractor’s use. The record shall consist of a text

record containing data from the County Permit system. Each permit uses different fields

in the permit system. The description of these fields will be provided by the Chief of

CPIS.

F. The contractor shall compile appropriate data applicable to and as the result of all

inspections made hereunder, and shall submit daily electronic reports as described below

no later than noon of the following work day of the inspection to the Chief of CPIS.

The daily inspection reports shall consist of an EDI (Electronic Data Interchange) report

sent electronically as a comma delimitated text file in the format provided by the County.

Inspection Reports are to be coded with the following codes for each inspection

performed as indicated on the fee schedule. Other codes may be added by the Chief of

CPIS as needed.

INSPECTION TYPE

10A Building Preliminary Inspection Approved

10D Building Preliminary Inspection Not Approved

11A Building Footing Inspection Approved

11D Building Footing Inspection Not Approved

12A Building Foundation Inspection Approved

12D Building Foundation Inspection Not Approved

13A Building Foundation Rebar Approved

13D Building Foundation Rebar Not Approved

14A Building Slab Inspection Approved

14D Building Slab Inspection Not Approved

15A Building Party Wall Approved

15D Building Party Wall Not Approved

16A Building Framing Inspection Approved

16D Building Framing Inspection Not Approved



17A Building Fire Wall Inspection Approved

17D Building Fire Wall Inspection Not Approved

18A Building Complete Load Path Approved

18D Building Complete Load Path Not Approved

EEA Building Energy Efficiency Inspection Approved

EED Building Energy Efficiency Inspection Not Approved

19A Building Final Approved

19T Building Final Approved for Temporary U & O

19D Building Final Not Approved

19F Building Temporary U & O Inspection

DWA Driveway Entrance Inspection Approved

DWD Driveway Entrance Inspection Not Approved

90 Special Inspection (ordered by Code Official)

41A Plumbing Underground Approved

41D Plumbing Underground Not Approved

42A Plumbing Rough-in Approved

42D Plumbing Rough-in Not Approved

49A Plumbing Final Approved

49D Plumbing Final Not Approved

50A Gas Pressure Final Approved

50D Gas Pressure Final Not Approved

43A Water Lateral Approved

43D Water Lateral Not Approved

44A Sewer Lateral Approved

44D Sewer Lateral Not Approved

45A Water Meter Approved

45D Water Meter Not Approved

20A Electrical Underground Approved

20D Electrical Underground Not Approved

21A Electrical Rough-in Approved

21D Electrical Rough-in Not Approved

22A Electrical Service Approved

22D Electrical Service Not Approved

23A Pool Reinforcement Bonding Approved

23D Pool Reinforcement Bonding Not Approved

24A Deck Reinforcement Bonding Approved

24D Deck Reinforcement Bonding Not Approved

29A Electrical Final Approved

29D Electrical Final Not Approved

30A Demolition Final Inspection Approved

30D Demolition Final Inspection Not Approved

60A Mechanical Underground Approved

60D Mechanical Underground Not Approved



61A Mechanical Rough-In Approved

61D Mechanical Rough-In Not Approved

69A Mechanical Final Approved

69D Mechanical Final Not Approved

GP Green Card Plumbing Inspection

GE Green Card Electrical Inspection

GB Green Card Building Inspection

GF Green Card Building Fire Safety Inspection

99 Referred to Building Code Official (all permit types)

G. The contractor shall submit a separate invoice statement on a weekly basis broken out by

type of inspection and cost per inspection as indicated in the contract with the county.

Payment to the contractor will be for all the building, plumbing, electrical, water and

sewer, mechanical and property maintenance inspections shall be paid at final inspection

of the master permit. All related permits inspections and certifications are to be submitted

and invoiced in a single submittal. Not payment shall be made to the master permit or any

related permits until submittals of all required documentations. Payment to the contractor

will be due and payable thirty (30) calendar days after the County receives an acceptable

invoice.

Commercial payments are made on a per inspection basis up to the maximum calculated

by the contract fee computation. Commercial inspection partial payment for large

projects shall be scheduled by the Chief of CPIS. If the scope of the work exceeds the

permitted amount the Contractor shall notify the County. If the scope of a sing

commercial inspection is excessive, the County shall create additional inspection records

for that inspection type. The scope of the individual inspection for large inspections

should be approved by the County prior to the contractor making the initial inspection.

Re-inspection fees for all permits are collected by the County. When the fee is collected

the County will notify the Contractor by the creation of an additional inspection record.

No payment to contractor will be made for unauthorized re-inspections.

H. The Contractor must demonstrate its ability to perform inspections in a timely manner and

be accessible to applicants for inspection. Therefore, the Contractor hereby agrees to

physically maintain and office in Charles County, Maryland, or in either incorporated

towns of Indian Head or La Plata and to have a telephone, the number of which shall be a

local number and published in the Charles County Telephone Directory.

I. The Contractor shall, by virtue of this Agreement, have authority to investigate suspected

violations of the County Building, Electrical and Plumbing Codes; at no cost to the

County, and shall so investigate all such suspected violations, and upon finding same,

shall so report the findings to the Chief of CPIS.

J. The Contractor shall, upon the completion of each inspection, place an appropriate

inspection sticker at a prominent location within the building. The form and content of

such stickers is subject to review and approval of the Chief of CPIS



K. Each inspection shall be recorded on the appropriate inspection check sheet provided by

the County. (See Attachment A for sample.)

The scope of construction inspection performed will include but not limited to the

following:

1. General

a. Set back verification

b. Footer

c. Insulation for slab at grade level

d. Vapor barrier

e. Rebar or wire

f. Foundation wall

g. Ground cover (vapor barrier)

h. Sill sealers

i. Insulation of floor or foundation wall

j. Framing inspections plus fire stopping

k. Wall insulation

l. Doors and windows approved construction

m. Sealing rough openings around doors and windows

n. Sealing of penetrations top and bottom plates

o. Venting

p. Ceiling inspection

q. Final inspection (steps, handrails, guard rails, etc.)

r. Tie-downs for mobile homes

s. Foundation wall drainage system

t. Concrete slab base

u. Special conditions for zoning, critical areas, etc.

v. Unsafe structures

w. Driveway culvert pipes

x. Residential lots final grading, vegetation, storm water to 10 feet from dwelling

y. Handicapped code requirements

z. Special conditions for utility permits, special pretreatment facilities, etc.

aa. Sewer clean out at property lines

bb. Other

2. Building

The following inspections must be made for all buildings, as applicable, except

sheds and barns, and two such inspections must be for sheds and bards – footing

and final inspections:

a. Footing inspections shall be called as soon as the trenches for footings are

completed and before concrete is poured. If an engineer was used to certify

the bearing capacity, the certification is attached to the footing check sheet.

b. Foundation wall inspections shall be called for when the foundation walls are

in place and the drainage system installed. If an engineer was used to certify

the foundation wall, the certifications is attached to the foundation wall check

sheet.

c. Foundation reinforcement inspections shall be called for when the rebar is in

place before filling with concrete. If an engineer was used to certify the



reinforcement, the certification is attached to the foundation reinforcement

check sheet.

d. Slab base inspections shall be called for when the slab base is prepared and

before concrete is poured.

e. Framing inspection shall be called for when the main structural members are

in place, but before covering same with lath or plaster or other. The Wall

certification and first floor elevation cortication (if required) shall be collected

and verified. The wall certification shall be made part of the inspection check

sheet submittal to the County.

Any construction reported on the wall certification that is out of substantial

compliance to the approved setbacks will receive no further inspections and

will be reported to the Chief of CPIS.

If engineered trusses are used, the truss certifications are collected and used

for the framing inspection. The verified truss drawings are made part of the

check sheet for submittal to the County.

f. Energy efficiency inspection when required for compliance with the Maryland

Energy Code.

g. Final inspections shall be called for when the building is completed.

h. The on-site grading certification (if required) is collected at final inspection

and is made part of the inspection check sheet submission to the County.

3. Electrical

a. Residential

i. Underground (if required)

ii. Rough wire inspection

iii. Final inspection

b. Swimming Pools

i. Underground

ii. Bonding Inspection

1. Pool reinforcement

2. Deck reinforcement

iii. Final inspection

c. Commercial

i. Underground

ii. Rough-in

iii. Service inspection

iv. Final

d. Miscellaneous

i. Light pole inspection

ii. Heavy-up inspection (increase in amperage)

4. Plumbing and Gas

The following inspections must be made for all buildings, as applicable.

a. Ground work inspections: Inspect exposed plumbing BEFORE system is

covered with earth.

b. Rough-in inspection: Inspect exposed plumbing and gas piping system

BEFORE system is covered with sheet rock, plaster or other covering. Inspect

(witness) a pressure test on the gas piping.



c. Final inspection: Inspect plumbing and gas system and fixtures with cold and

hot water and gas connection and with system charged.

5. Mechanical

a. Ground work inspections: Inspect exposed mechanical BEFORE system is

covered with earth.

b. Rough-in inspection: All duct work installations and equipment must be

completely installed. Inspect exposed duct work prior to covering or prior to

install any insulation not attaché directly to the duct work or drywall.

c. Final inspection: Inspect mechanical system with all equipment and

appliances set and operable. All required vent and return covers need to be

properly installed. All necessary filtration devices need to be placed.

6. Public Inquiries

a. Request for information and/or site visit about proposed construction work or

existing construction work.

b. Respond to concerns about construction between owner and contractor.

7. Manufactured Homes

a. Foundation system

b. Tie-down system

8. Industrialized Buildings

a. Footing

b. Foundation

c. Final

9. Swimming Pools

a. Final

10. Sign Structures

a. Foundation

b. Final

11. Assist other inspections agencies as required, including road, grading, storm water

management, critical areas, water/sewer utilities.

12. Residential water and sewer lateral and water meter yoke inspections based on

specification of the Water & Sewer Ordinance. A copy of the Water & sewer

Ordinance shall be furnished to the Contractor by the Chief of CPIS and is available

on the Charles County website.

L. Existing permits: Existing building, electrical, plumbing and mechanical permits will

need to be inspected. Such permit projects are at various stages of construction and stages

of inspection. Contractor will complete such permit inspections as directed by Chief of

CPIS. The Chief will provide a list of all inspections for open permits paid under the

previous existing contract. Invoices submitted for existing open permits partially

inspected under the previous contract are to have the previous inspections listed as

“performed under previous contract” and the invoice should reflect a prorated billing



M. Voided or abandoned Permits: Upon notification by the applicant, the Chief of CPIS will

notify the Contractor by email that the permit was voided. No inspections may be made

on a voided permit. No permit may be voided if there are valid inspections already

performed. Construction permits that have started but have been abandoned are to be

turned over to the Building Code Official for enforcement. Upon verification from the

Code Official, the Contractor may perform a “final” inspection with a code of “99” and

submit all inspections performed to date for payment.

N. The following activities are expressly prohibited, for they may be construed or appear to

be a conflict of interest in the performance of this contract.

1. Performing any inspection under this contract for builders, contractors, or owners to

who the contract provides other services for a fee.

2. Performing any inspection under this contract for builders, contractors or owners

where the contractor has any present or perspective interest in the property being

inspected.

3. Engaging in any type of business activity which might place the Contractor in

competition with the business of any builder, contractor or owner for whim he is

performing inspections under this contract.

4. Allowing any employee to perform inspections for an immediate family member

such as spouse, children, parents, siblings, grandparents, grand children or in-laws.

O. Prior to commencement of this contract and on an annual basis thereafter, the County will

conduct a training session to review all policies and regulations relating to the inspection

process. All inspection personnel the Contractor intends to use for this contract shall be

required to attend.

III. INSPECTION QUALIFICATIONS

A. The minimum level of inspection qualifications required for each inspector includes the

following:

1. International Coder certified inspector (residential or commercial as applicable).

2. Certification by the State Fire Marshall Office for inspection for Change of

Occupancy permits for Green Card inspections.

3. As required by State Law, a State of Maryland approved Master Plumber or a State

Board of Practical Plumbing approved plumbing inspector, approved by the Chief

of CPIS for plumbing inspections.

4. A licensed Master Electrician or equivalent certification and experience certified by

the State Fire Marshall, approved by the Chief of CPIS for electrical inspection.

5. International Code Council certified in mechanical inspections.

6. Ability to read and interpret construction plans and working knowledge of County

building codes, ordinances and regulations.

7. Interpersonal skills

8. Public relations skills

IV. RECORDS

The County shall have access to all inspection records, files, inspection correspondence and

public complaint records. A copy of the inspection record for each permit shall be provided to

the County upon final approval.



V. CERTIFICATE OF USE AND OCCUPANCY

Upon receipt of final inspection card signed by the inspector, the Chief of CPIS may

recommend issuance of the certificate of occupancy if all other agencies are in agreement.

VI. CONTRACT TERM/PRICING

This contract shall be for a term of two (2) years from the date of its commencement unless

otherwise terminated in accordance with the terms of this contract or by mutual written

agreement of the parties. Performance under this contract shall be reviewed annually by the

County for determination of the continuing best interests of the County. In addition to the

base term of two (2) years, the County shall have the unilateral options to renew this contract

for three additional one (1) year terms by giving Contractor written notice of its intent to

renew sixty (60) days prior to the expiration of the then current term. These three-one year

options to renew shall be unilateral options to be exercised by the County in its sole subjective

discretion.

Unit prices under this contract shall remain firm for the first year of the contract. Thereafter,

pricing shall be adjusted every July of each succeeding year and/or contract renewal period.

Contractor is responsible for initiating the request for the adjustment. Pricing adjustment shall

be calculated at 75% of the percentage change in the CPI from the previous year. For

purposes of this agreement, the CPI is defined as the Consumer Price Index for all Urban

Consumers, as published by the United States Department of labor, Bureau of Labor

Statistics. For purposes of adjustment, the CPI used for each subsequent year of the contract

shall be the published percentage change in the CPI for the 12 months prior to July 1. For

example, the CPI adjustment for the second year of the contract (December 2013 to December

2014) will be based on the CPI index for the span May 2013 to May 2014.

* * * END OF SPECIAL PROVISIONS * * *

GENERAL PROVISIONS TABLE OF CONTENT

1. DEFINITIONS: ................................................................................................................. II - 11

2. RESPONSIBILITY OF THE ENGINEER: ................................................................... II - 11

3. CHANGES: ....................................................................................................................... II - 11

4. TERMINATION: .............................................................................................................. II - 11

5. DISPUTES: ........................................................................................................................ II - 12

6. COUNTY RIGHTS: ......................................................................................................... II - 13

7. EXAMINATION OF RECORDS: .................................................................................. II - 13

8. COVENANT AGAINST CONTINGENT FEES: .......................................................... II - 13

9. ACCIDENT REPORTS: .................................................................................................. II - 14

10. ENGINEER'S ORGANIZATION: ................................................................................. II - 14

11. EMPLOYMENT DISCRIMINATION BY CONTRACTORS PROHIBITED ......... II - 14

12. CERTIFICATION OF DRAWINGS AND OTHER DOCUMENTS: ........................ II - 15

13. COMPOSITION: .............................................................................................................. II - 15

14. CONFLICTS: .................................................................................................................... II - 15

15. DELIVERY POINT, INSPECTION, AND APPROVAL: ............................................ II - 15

16. DESIGNATION OF COUNTY'S REPRESENTATIVE: ............................................. II - 15

17. DOCUMENT STANDARDS: .......................................................................................... II - 16

18. INSPECTION: .................................................................................................................. II - 16

19. INVESTIGATION OF FIELD CONDITIONS: ............................................................ II - 17

20. ONE YEAR GUARANTEE: ............................................................................................ II - 17

21. PATENTS: ......................................................................................................................... II - 17

22. PERMITS: ......................................................................................................................... II - 17

23. PUBLICITY: ..................................................................................................................... II - 17

24. RESPONSIBILITY FOR MATERIALS AND RELATED DATA: ............................ II - 18

25. RIGHT OF ENTRY: ........................................................................................................ II - 18

26. RISK, DAMAGES: ........................................................................................................... II - 18

27. FEE AND PAYMENT ...................................................................................................... II - 18

28. TRAVEL ............................................................................................................................ II - 19

29. RELATED COST ............................................................................................................. II - 19

30. CONFLICT OF INTEREST ............................................................................................ II - 19


II - 11 GENERAL PROVISIONS

GENERAL PROVISIONS

1. DEFINITIONS:

The term COUNTY, as use herein, refers to the COUNTY COMMISSIONERS OF CHARLES

COUNTY, MARYLAND, hereinafter called the COUNTY, represented by the CONTRACTING

OFFICER, the person assigned by the Purchasing Office at the time the contact is awarded, or

his designated representative who is authorized to act for the COUNTY. The term ENGINEER,

as use herein, refers to the COMPANY and/or ENTITY which is awarded this contract.

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 clause 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. No services for which an additional cost or fee will be charged by the ENGINEER shall

be furnished without the prior written authorization of the COUNTY.

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:

Immediately discontinue any part or all services as directed by the County’s

authorized representative, and

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.

D. 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 clause.

E. The rights and remedies of the COUNTY provided in this clause are in addition to any

other rights and remedies provided by law or under this contract.

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 THIRTY (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 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 clause, 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 clause 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 remains 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 previously 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 constitutes "records" for the purposes of

this clause.

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 clause, 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 (2) 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 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 clause.

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:

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:

Charles County Government

P.O. Box 2150

La Plata, Maryland 20646-2150

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 Clause 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.

17. DOCUMENT STANDARDS:

A. Drafting Standards for Microfilm Process

Dark, clear, sharp lines of uniform density result in good microfilm.

Outlines and Section lines are differentiated by varying the width and thickness of

lines be changing densities.

Use only one type of lettering with open spacing.

A minimum lettering height of 1/8", when possible use 3/16" or 1/4".

Avoid congestion by using additional sheets.

Match line weight when making additions or changes.

Keep drawing clean, uncreased and erasures to a minimum.

A graphic scale must be shown on all drawings.

Use 24" X 36" Mylar sheets for detailed plans.

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).

Contents shall be consistent with the County’s Standard Specifications for Construction

Manual.

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:

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

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.

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 issues a “FINAL

COMPLETION ACCEPTANCE CERTIFICATE”, which represents full acceptance of the

facilities, and will extend 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

incident 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, 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 will be required

to obtain from landowners the necessary rights-of-entry for making any investigations required

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 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 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 COUNTY prior to travel.

29. RELATED COST

The cost of all direct and indirect services, related services, different kinds of surveys,

photographs, aerial surveys, aerial photographs, tax maps, planning maps, supplies, testing of

any land if required, compliance with regulations, laws, ordinances in effect, cost of interim

documents and their reproduction as and when requested by COUNTY, shall be included in the

fees and be at no additional cost to the COUNTY.

30. CONFLICT OF INTEREST

The Engineer is hereby specifically prohibited from engaging in any activities which are, might

be constructed to be, or may give the appearance of a conflict of interest in the performance of

this contract.

* * * * * *END OF GENERAL PROVISIONS SECTION* * * * * * *

APPENDIX


RFP No. 11-28

APP - 1

APPENDIX 1

HOLIDAY SCHEDULE

NEW YEAR'S DAY

MARTIN LUTHER KING JR.'S BIRTHDAY

*LINCOLN'S BIRTHDAY

WASHINGTON'S BIRTHDAY

*MARYLAND DAY

GOOD FRIDAY

MEMORIAL DAY

INDEPENDENCE DAY

LABOR DAY

COLUMBUS DAY

VETERAN'S DAY

ELECTION DAY

(when applicable)

THANKSGIVING DAY

DAY AFTER THANKSGIVING

CHRISTMAS DAY

*Floating Holidays - County offices and operations shall be open.


RFP No. 11-28

APP - 2

SAMPLE BUILDING INSPECTION CHECK SHEET

(Attachment A)


RFP No. 11-28

APP - 3

BUILDING AND TRADE PERMIT INSPECTION ... - Charles …...Charles County Government Building 200...

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