Special_Provisions_-_260714.pdf

On-Call Water & Wastewater Engineering Services RFP# 27-004

Appendix A

APPENDIX A – SPECIAL PROVISIONS (d 07/14/2026)

1.0 GENERAL

2.0 SCOPE OF SERVICES

3.0 METHOD OF ASSIGNMENT

4.0 POSITION DESCRIPTIONS

1.0 GENERAL

1.1 GENERAL DESCRIPTION

This is a "Task Order Contract" with no lump sum contract price, where Charles County

Government intends to enter into a contract(s) with multiple multi-disciplined engineering firms to provide professional services for water and wastewater related projects to. Professional services include, but are not limited to: prepare designs, prepare bid documents, provide project/construction management, surveillance, inspection, and all other details necessary for the permitting and construction of the improvements.

1.2 CONTRACT TERM VALUE

The total value over the contract term shall not exceed the approved budget for specified services.

As described herein these services are on an as-needed basis with no minimum quantity guaranteed. The County reserves the right to formally bid work independent of this contract.

Contractual relationships under a retainer basis shall not necessarily preclude those "retained" firms from responding to other County projects.

1.3 MINIMUM REQUIREMENTS

Selected contractor(s) must be a Professional Engineering firm specializing in water and wastewater projects that meet the following minimum requirements:

1. A registered Professional Engineer, licensed in the State of Maryland, in each of the following core services on its full-time staff:

a. Water/Wastewater

b. Civil

c. Electrical, Instrumentation, & Control

d. Structural

e. Process/Mechanical (Water & Wastewater Treatment)

f. Project & Construction Management

2. Other services not listed in the core service capabilities above, which may be required (e.g.

registered professional architect licensed in the State of Maryland, land surveying, geotechnical, environmental, planning, HVAC/Mechanical, Inspection, etc.) to complete a task that the Engineer cannot provide, may be performed under a subcontractor type relationship to the Engineer. Proper business and professional licensing, as required by the

State of Maryland, is required.

2.0 SCOPE OF SERVICES

2.1 DESCRIPTION OF SERVICES

The County proposes to utilize the services of a multi-disciplined engineering firm on specific tasks to be designated by the County. Services may be required on an undetermined number of individual project assignments and may include, but are not limited to, the following:

1. Water distribution and sewer collection system design including investigation of problems.

2. Design of Water and Wastewater Facility Replacements/Rehabilitation/Upgrades

3. Water and Wastewater Master Planning

4. Owner’s Representative

5. Program/Project management

6. Review and evaluation of designs by other consultants.

7. Preparation of Requests for Proposals

8. Preparation of Plans and Specifications

9. Review and evaluation of construction bids

10. Stormwater conveyance and management design and/or problem investigation

11. Structural design of buildings, foundations, etc. including structure inspections and evaluations

12. Design of sediment and erosion control measures for projects

13. Building design including renovations

14. Mechanical and Electrical design

15. Environmental investigations

16. Construction engineering, management, surveillance, and inspection

17. Permitting (Environmental and Construction)

18. Water and wastewater systems modeling/capacity analysis and planning

19. Process control and instrumentation design

20. Wastewater treatment process design

21. HVAC design engineering

22. Supervisory Control & Data Acquisition (SCADA) system design (Design, Programming, Commissioning, Startup, and Troubleshooting):

a. Human Machine Interfaces (HMI)

b. Programmable Logic Controllers (PLC)

c. Communications

2.2 QUALIFIED SIGNATURES

The Engineer assures that the firm’s representatives, 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.

2.3 ACCOUNTING RECORDS

The Engineer shall keep accurate records documenting time (including employee timesheets and payroll records), materials, and transportation utilized for each project assignment as payment will be made based on these records. At the County’s request, such records shall be made available for audit purposes. All records related to projects under this contract shall be made available to Charles

County at any time during normal business hours and as often as deemed necessary.

2.4 CAPACITY

The Engineer shall maintain adequate and qualified staff as described in Section 1.3 – Minimum

Requirements to provide the services required herein in the professional quality and timeliness mutually agreed upon. Failure to maintain the staff will be cause for not awarding additional tasks.

The County may require the Engineer to remove or exclude any individual from any task order for any reason deemed necessary by the County.

2.5 DRAWINGS

The County will conduct reviews and provide comments on drawings, calculations, and specifications at the normal event times, e.g., schematics, design development, 50% construction documents, 95% construction documents, 100% construction documents, etc.

2.6 REPRODUCTIONS

The Engineer will deliver to the County the originals of the drawings, plans, and specifications complete and ready for reproduction. Reproduction of bidding sets will be by the County and at its expense.

2.7 DEFECTIVE WORK

The performance of services and County acceptance of required services shall not relieve the

Engineer from the obligation to correct any defective work, whether previously or subsequently noted, and all incomplete, inaccurate or defective work shall be remedied by the Engineer on demand and at no cost to the County. Defective work may be defined but not limited to such matters as erroneous tabulations, incomplete surveys, maps or reports and incorrectly assembled reports, plans, specifications, etc., which is caused by error or omission for a period of three years after the final delivery/construction of the work assignment/product designed by the Engineer.

2.8 PROJECT DOCUMENTATION

All sketches, original drawings (mylars and electronic), record drawings, construction permits, design computations, computer files (CADD and Specifications), and other material prepared by the Engineer, in connection with the project shall be the sole and absolute property of the County.

The Engineer shall, within fourteen days of the County's request, deliver to the County all requested materials prepared by the Engineer in connection with the project in hard (2 copies) and electronic format (pdf, tiff, MS Office, CADD). Version of software for formatting electronic deliverables shall be determined by the County. Unless otherwise notified, these documents shall be submitted to the County at the end of the project with the final invoice. The County shall have the right to use any deliverable without restriction or limitation and without compensation to the

Engineer.

Unless otherwise required by applicable statute of limitations, the successful offeror shall retain all records and documents related to any contract awarded pursuant to this RFP for three (3) years after final contract payment by the County and shall make them available for inspection and audit by authorized representatives of the County at all reasonable times.

2.9 SCHEDULE

The County and the Engineer will mutually agree upon the schedule for design completion on each work effort. The failure of the Engineer to satisfactorily complete work assignments within the time specified wherein the County has given notice that the completion date is critical to the

County will be cause for not awarding additional assignments. Schedules shall be provided in

Gantt Chart format using Microsoft Project software and shall include all tasks, deliverables, milestones, etc. to complete the work. Schedules shall be provided in both electronic and hard copy.

2.10 INVOICES

All invoices shall include an updated schedule along with a written summary of work completed under the submitted invoice and a summary of work to be completed within the next period.

Invoices shall be submitted from the Contractor using the County standard form to Charles County

Government (CCG) for review and approval within thirty (30) days. Invoices shall be detailed including the following: PO number, RFP name, RFP number, dates work was performed, location of work, itemized hourly rate pricing per the Contract. Also, include the project start date and end date. Invoices not containing the required information may not be processed. Charles County contact for receipt of project invoices and delivery method shall be determined at the time of task award.

2.11 COUNTY FURNISHED DATA

All existing information, data, reports, records and maps identified by the Engineer that are available to the County without significant cost or effort and necessary for the carrying out of work, shall be furnished to the Engineer without charge by the County. The County shall cooperate with the Engineer in every way possible in the carrying out the planning of work, providing, however, that the needs of the Engineer for support are made known to the County within a reasonable time. The County reserves the right to determine what data will made accessible to the

Engineer.

The County will not provide clerical assistance to the Engineer for this project and County personnel will not be asked to undertake surveys, analyses, tabulations, summaries, etc., of engineer produced data or documentation. However, County employees are free to participate in

Engineer conducted surveys as questionnaire recipients in engineer conducted surveys, providing information and opinions.

The County will assist the Engineer in obtaining any as-built information or other available information as necessary to complete the tasks outlined. The County does not guarantee the accuracy of as-built information. Costs for redesign, including delays and re-construction, during construction due to improperly located utilities shall be the responsibility of the Engineer.

3.0 METHOD OF ASSIGNMENT

The County will not provide reimbursement for the preparation of any request for task orders solicited under this Contract performed by a prime or a subcontractor.

3.1 TASK ORDER VALUE THRESHOLDS

1. Task order thresholds are all inclusive of design and construction surveillance and inspection work for an awarded task. Below are the task order request value thresholds:

a. The County shall request task order proposals from one (1) or more engineering firms awarded under this contract for tasks orders valued at less than $250,000.00.

b. The County shall request task order proposals from three (3) or more engineering firms awarded under this contract for task orders valued at $250,000.00 to $500,000.00.

2. Task order threshold exceptions/modifications:

a. The Chief of Purchasing, at their sole discretion, may revise this procedure as desired to best met the County needs. Such revision will not require a modification of the

Contract.

b. An exception may be made for projects that are applicable to County Code, Chapter

203-1, Article E.

3.2 COUNTY INITIATES TASK ORDER REQUEST

The County will provide in writing a task order request that outlines the required services for an individual task. The County may request a meeting with the Engineer, at the Engineer’s expense, to help define the task. Failure by the County to not specifically name an activity in the outline does not relieve the Engineer of the responsibility of delivering a complete project proposal meeting all applicable codes, regulations, and County design standards.

3.3 TASK ORDER PROPOSAL RESPONSES

The Engineer will, within a reasonable time, but not in excess of fourteen (14) consecutive calendar days, provide a written task proposal. Task proposal responses shall be all inclusive of all tasks to bring the work to the appropriate level of completion as mutually agreed upon. The prime contractor shall be responsible for completing at least 50% of the work utilizing their staff employed by the prime. The County may request the prime provide more information, approve, or reject any proposed subcontractor.

1. Each written task order request response shall contain at minimum, the following:

a. Proposed “total” or “not-to-exceed” price

b. Itemized pricing aligning to the contract pricing

c. Description of services including:

o Methods used to complete the task o Identification of any subcontractors used and identification of work to be performed by each subcontractor o Percentage of work to be complete by the Prime and any subcontractors o Prime and subcontractor personnel to work on the task and their role

d. Assumptions made

e. Proposed time of completion

f. List of deliverables

g. Meetings/workshops

2. An Engineer contacted by the County for proposals must provide a written response to the

County with “No Bid” if it chooses not to bid on the task order. The County may terminate the Contract for an Engineer that declines to bid on three (3) consecutive requests.

3. A preliminary task order schedule in Microsoft Project shall also be provided that includes all major milestones and critical tasks. The named personnel shall be those included within the firm’s task order technical proposal. The project manager proposed for the task order project shall be pre-approved by the County.

3.4 TASK ORDER REQUEST ACCEPTANCE

The County may award tasks based upon price, experience, capacity, key personnel, availability, bonding capability, approach or past performance.

Purchase Orders will be issued for each task order under the same terms of the original contract and any addition or special terms and conditions as specified in the task order request. All Purchase

Orders are contingent upon appropriation and encumbrance of fiscal funding. Any other form of authorization of the start of work on each task does not constitute approval by the County. Costs shall be inclusive of all associated incidental expenses and therefore included in the task order proposal. Services may begin once the Contractor has received a written Notice-to-Proceed and

Purchase Order from the County for the specific request

If a total price (lump sum) task order is awarded, the Engineer shall be paid the negotiated amount irrespective of the number of man hours required to complete the project. If a not to exceed” task order is awarded, the Engineer will be compensated for actual hours worked, not to exceed the negotiated total (maximum) amount.

3.5 COUNTY RIGHTS

The County reserves the right to:

a. Delete or insert tasks in the scope with appropriate changes in cost,

b. Suspend or terminate active projects for budgetary purposes or other reasons,

c. Award and reject task order submission at its sole discretion,

d. Negotiate, and

e. Request additional information at any time

4.0 POSITION DESCRIPTIONS

4.1 ITEM A1: PRINCIPAL

Description: This position shall cover services provided by an individual with the following minimum qualifications as they relate to water and wastewater engineering:

a. Fifteen (15) years of engineering experience

b. Project management experience

c. Professional Engineering registration in the State of Maryland

This individual will be qualified to oversee all aspects of assigned projects, including but not limited to:

a. Engineering design/review

b. Quality Assurance/Quality Control Review

c. Plan/Specification development

d. Contract Management

e. Proposal form development

Evidence of this individual's valid Professional Engineer registration in the State of Maryland shall be included in the proposal.

Method of Measurement and Basis of Payment:

The County will measure and pay for this item at the unit cost per hour specified for the Principal pay item. This unit cost shall include all profit, overhead, equipment, transportation cost, etc.

needed for this individual to satisfactorily complete the assigned projects.

4.2 ITEM A2: PROJECT MANAGER

a. Ten (10) years of engineering experience

b. Project management experience

c. Professional Engineering registration in the State of Maryland

This individual will manage and coordinate all aspects of assigned projects through to completion, including but not limited to:

a. Engineering design/review

b. Permitting

c. Plan/Specification Development

d. Proposal Form Development

e. Scheduling

f. Invoicing

g. Meetings

Evidence of this individual's valid Professional Engineer's registration in the State of Maryland shall be included in the proposal.

Method of Measurement and Basis of Payment: The County will measure and pay for this item at the unit cost per hour specified for the Project Manager pay item. This unit cost shall include all profit, overhead, equipment, transportation cost, etc. needed for this individual to satisfactorily complete the assigned projects.

4.3 ITEM A3: ARCHITECT

a. Ten (10) years of architectural experience

b. Professional Architectural registration in the State of Maryland

This individual will assist the Project Manager in completing assigned projects, including but not

a. Architectural Design/Review

b. Plan/Specification Development

c. Proposal Form Development

Evidence of this individual's valid Professional Architect's registration in the State of Maryland shall be included in the proposal.

the unit cost per hour specified for the Project Manager - Architect pay item in this proposal. This unit cost shall include all profit, overhead, equipment, transportation cost, etc. needed for this individual to satisfactorily complete the assigned projects.

4.4 MULTIPE ITEMS: SENIOR DESIGN ENGINEER

This position description applies to Items A4, A6, A8, A10, A12, A14 on the Cost Proposal

Form.

a. Twelve (12) years of engineering experience

b. Professional Engineering registration in the State of Maryland

This individual will assist the Project Manager in completing assigned projects, including but not

a. Engineering design/review as it pertains to their specialty (core capability)

c. Proposal Form Development the unit cost per hour specified for the Senior Design Engineer pay item. This unit cost shall include all profit, overhead, equipment, transportation cost, etc. needed for this individual to satisfactorily complete the assigned projects.

4.5 DESIGN ENGINEER

This position description applies to Items A5, A7, A9, A11, A13, A15 on the Cost Proposal

Form.

Description: This pay item shall cover services provided by an individual with the following

a. Five (5) years of engineering experience

b. A four-year college graduate with Engineer in Training certification

This individual will assist the Senior Design Engineer in completing assigned projects, including but not limited to:

a. Engineering design/review as it pertains to their specialty (core capability) the unit cost per hour specified for the Design Engineer pay item. This unit cost shall include all profit, overhead, equipment, transportation cost, etc. needed for this individual to satisfactorily complete the assigned projects.

4.6 ITEM B1: SENIOR PROJECT REPRESENTATIVE/INSPECTOR

a. Fifteen (15) years of inspection experience

This individual will provide supervisory/coordination services and assist the Project Manager and/or Design Engineer, as assigned.

the unit cost per hour specified for the Senior Project Representative/Inspector pay item. Any time over eight hours per day and five days per week, or on County Holidays, will be paid at the rate of one and one-half (1½) times the normal rate. Services resulting in premium pay shall not be performed without prior written authorization from the County. This unit cost shall include all profit, overhead, equipment, transportation cost, etc. needed for this individual to satisfactorily complete the assigned projects.

4.7 ITEM B2: PROJECT REPRESENTATIVE/INSPECTOR

a. Ten (10) years of inspection experience

This individual will assist the Project Manager and/or Senior Design Engineer in completing assigned projects.

the unit cost per hour specified for the Project Representative/Inspector pay item. Any time over eight hours per day and five days per week, or on County Holidays, will be paid at the rate of one and one-half (1½) times the normal rate. Services resulting in premium pay shall not be performed without prior written authorization from the County. This unit cost shall include all profit, overhead, equipment, transportation cost, etc. needed for this individual to satisfactorily complete the assigned projects.

4.8 ITEM C1: PROFESSIONAL LAND SURVEYOR

minimum qualifications:

a. Seven to ten (7-10) years of surveying experience

b. Valid registration with the State of Maryland

This individual will assist the Principal in completing assigned projects. The work to be performed under this item shall be limited to the direct professional services required by law for a Registered

Property Line or Professional Land Surveyor in the State of Maryland on such projects as the following:

a. Certification, and/or sealing of recordable surveying documents such as boundary surveys.

b. Professional consultation as required and specifically ordered by the County.

c. Professional witness services as required and specifically requested by the County.

the unit cost per hour specified for the registered Property Line or Land Surveyor pay item in this proposal. This unit cost shall include all profit, overhead, equipment, transportation cost, etc.

needed for this individual to satisfactorily complete the assigned projects.

4.9 ITEM C2: SURVEY CREW (2-MAN)

Description: This position shall cover all survey services provided by a two-person crew and needed to satisfactorily complete assigned projects.

the unit cost per hour specified for the Two Person Survey Crew cost item in this proposal. This unit price shall include all profit, overhead, equipment, transportation cost, maintenance of traffic costs, etc. needed for these individuals to satisfactorily complete the assigned projects.

4.10 ITEM C3: ONE ADDITIONAL FIELD PERSON

Description: This position shall cover all survey services provided by an additional person on the

Two Person Survey Crew. Occasions may occur where the need arises for a third or fourth person on the survey crew. When such a need occurs the design consultant shall explain the reasons and shall add the third and/or fourth person only after receiving approval from the County.

the unit cost per hour specified for the One Additional Field Person pay item in this proposal. This unit cost shall include all profit, overhead, equipment, transportation cost, maintenance of traffic costs, etc. needed for these individuals to satisfactorily complete the assigned projects.

4.11 ITEM D1: DRAFTSPERSON

Applies to all core capabilities – architect, civil, electrical, structural, mechanical, process, and instrumentation/control

Description: This pay item shall cover services provided by an individual with the following

a. Three (3) years drafting experience

This individual will assist the Project Manager, Senior Design Engineer, and Design Engineer in completing assigned projects by developing computer generated drawings.

the unit cost per hour specified for the Draftsperson pay item. This unit cost shall include all profit, overhead, equipment, transportation cost, etc. needed for this individual to satisfactorily complete the assigned projects.

4.12 ITEM D2: ADMINISTRATIVE

Description: This pay item shall cover all administrative support work (duplications, filing, etc.)

related to clerical support for the team.

the unit cost per hour specified for the Administrative pay item. This unit cost shall include all profit, overhead, equipment, software, reproduction material, etc. needed for this individual to satisfactorily complete the assigned projects.

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