NPDES PERMIT MONITORING & INSPECTION RFP NUMBER 13-08

PROFESSIONAL SERVICES CONTRACT

REQUEST FOR PROPOSAL

CHARLES COUNTY, MARYLAND

NPDES PERMIT MONITORING & INSPECTION

RFP NUMBER 13-08

SEPTEMBER 2012

Prepared for:

Department of Planning and Growth Management

Table of Contents

DIVISION I

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

INSTRUCTIONS TO OFFERORS ........................................................................................ I - 2

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

CONTRACT ..................................................................................................................... I - 7

ADDENDUM CERTIFICATION .......................................................................................... I - 9

INTENDED NON-MBE SUB-CONTRACTORS .................................................................... I - 10

CHARLES COUNTY MBE UTILIZATION AFFIDAVIT .......................................................... I - 11

PROPOSED MBE SUB CONTRACTORS ........................................................................... I - 12

NON-COLLUSION AFFIDAVITS ...................................................................................... I - 14

METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS RIDER CLAUSE ................ I - 15

DIVISION II

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

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

APPENDIX

HOLIDAY SCHEDULE .......................................................................................................... 1

ATTACHMENT A

DATABASE FORMATS (separate document) ............................................................................1 - 12

DIVISION I

NPDES PERMIT MONITORING & INSPECTION RFP No. 13-08

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CHARLES COUNTY GOVERNMENT

Department of Fiscal & Administrative Services

Purchasing Office

NOTICE

RFP NO. 13-08

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

firms to carry out the permit monitoring and inspection tasks for the current and next generation National

Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Permit.

Proposal documents, scope of services and other related reports and studies may be obtained on

our website at www.CHARLESCOUNTYMD.gov. 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 November 20, 2012

and must be labeled RFP 13-08, NPDES PERMIT MONITORING AND INSPECTION. 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.

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

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

telephone 301-645-0656 (local) or 301-870-2786 (metro). Inquiries of a technical nature should be

directed Karen Wiggen, Senior Planner for Environmental Programs in the Department of Planning and

Growth Management, fax (301) 645-0638 or e-mail WiggenK@ CHARLESCOUNTY.org 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 September 19, 2012


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INSTRUCTIONS TO OFFERORS

1. PREPARATION OF PROPOSALS:

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

be fully completed. Proposed Total Fee shall include all work as stipulated in the Scope of Services.

2. PERFORMANCE DATA EMPLOYMENT STATUS, QUALIFICATIONS:

Using the Standard Form (SF) 330 “Architect/Engineer Related Services for Specific Project” and

insert requested information. All blank spaces of the form must be fully completed executed.

3. SUBMISSION OF PROPOSAL PACKAGE:

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 copies of the completed proposal package have original signatures and

included the fee proposal form, accompanied by five (5) photocopies of the complete proposal package

without the fee proposal form. 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

Complete proposal packages include but not limited to the following;

4. SIGNATURES:

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

Consultant.

5. AWARD OF CONTRACT:

Criteria to be used in the review and evaluation of the proposals and any subsequent award will include,

but not be limited to, the following:

A) Technical Proposal and Statement of Qualifications & Experience – including the SF330 (50%)

B) Fee Proposal (50%)

The Technical Proposal and Statement of Qualifications and Experience will be reviewed separately

from the Fee Proposal.

6. ADDITIONAL INFORMATION:

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

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

Questions of a technical nature, must be directed, in writing only, at least 14 days prior to submission

due date, to:

Karen Wiggen, Senior Planner

Department of Planning & Growth Management

Environmental Programs Section


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Fax: (301) 645-0638

E-mail: [email protected]

7. ACCEPTANCE OF PROPOSALS:

Charles County intends to award a contract to the Consultant 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 Consultant 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 Consultant 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 Consultant to make an adequate interpretation of the provisions of

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

responsibility of the Consultant to become registered with the Charles County Purchasing Office to

ensure notification of any future updates or amendments to this project. The Consultant 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

the Charles County Purchasing Office, phone (301) 645-0656. The bidding documents included herein


I - 4

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 bid is submitted in accordance with your “Notice to Offerors” inviting proposals to be

received for the work outlined in the “Scope of Services” attached hereto for RFP No. 13-08, NPDES

PERMIT MONITORING & INSPECTION.

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.

DESCRIPTION UNIT COST QTY TOTAL COST

PROJECT INITIATION, COORDINATION & DEVELOPMENT OF DETAILED

PROJECT PLANS & STUDY DESIGN

1. Project Initiation and Coordination

2. Project Plan for Illicit Discharge Detection and

Elimination (IDDE) and Property Management

and Maintenance

1

3. Study Designs for Assessment of Controls and

Watershed Assessments

1

4. Summary of Deliverables

ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)

1. The consultant will inspect 100 major outfalls in

the County annually.

2. Conduct visual surveys of commercial and

industrial areas for discovering, documenting, and

eliminating pollutant sources..


PROPERTY MANAGEMENT AND MAINTENANCE

1. The requirements, which determine whether a

facility requires NPDES stormwater general

permit coverage, and a list of all County-owned

municipal facilities will be provided to PGM.

1


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2. Each County-owned municipal facility requiring

NPDES stormwater general permit coverage will

be identified. For all identified facilities, it will be

determined whether a Notice of Intent (NOI) has

been submitted to MDE and whether there is a

pollution prevention plan for each facility..

1

3. Annually, review and document the status of

pollution plan development and implementation

for each County-owned municipal facility.

Annually, submit the reports with photos for all

facilities to PGM, with an overall report of the

year’s activities.

4. Summary of Deliverables: Annual reports, facility

reports, and photos.

ASSESSMENT OF CONTROLS

1. Water Quality Sampling

2. Biological Assessment

3. Geomorphological Assessment

4. Stormwater Assessment


WATERSHED ASSESSMENTS

1. Detailed watershed assessments will be prepared

for the 10 major watersheds in the County.


TOTAL $

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 indicate below how you first

Learned of 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 Eleven, by and between hereinafter

called the CONSULTANT and the CHARLES COUNTY COMMISSIONERS, hereinafter called the

COUNTY.

WHEREAS, the CONTRACTOR will provide the necessary services for RFP No. 13-08,

NPDES PERMIT MONITORING & INSPECTION, in CHARLES County, MARYLAND subject to

all conditions, covenants, stipulations, terms and provisions contained in the General Provisions and

Special Provisions being in all respect made a part hereof, at and for a sum equal to the aggregate cost of

the services, materials, and supplies done or furnished, at the prices and rates respectively named

therefore in the proposal, attached hereto;

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

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

for the sum of _________________________________ Dollars ($__________________) in accordance

with each and every one of the above-mentioned General Provisions and Special Provisions, at and for a

sum equal to the aggregate cost of the services, materials, and supplies done and furnished at the prices

and rates respectively named therefore in the proposal attached hereto and will well and faithfully

comply with and perform each and every obligation imposed upon him by said General Provisions and

Special Provisions.

The 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 will continue for a five (5)

year period ending June 30, 2018.

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


CONTRACT – (Page 2 of 2)

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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

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,

Maryland

(Name of Firm)

BY:

By:

Candice Quinn Kelly, President

(Title) (Date)

(Date) Approved as to Form:

(Address)

(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: 13-08

Project Name: NPDES PERMIT MONITORING & INSPECTION

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:

Consultant

Address

Signature Date


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INTENDED NON-MBE SUB-CONTRACTORS

Proposal Number: 13-08

Project Name: NPDES PERMIT MONITORING & INSPECTION

Note: Any MBE sub-contractors intended for this project shall be identified on the second page of the MBE

Utilization Proposed MBE Sub Contractors form.

Sub-contractor

(Name and Address) Work to be performed

Bidder:

Address:

Signature: Date:

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


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CHARLES COUNTY MBE UTILIZATION AFFIDAVIT

BID NO. 13-08

Name of Bidder/Consultant:

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 a list on the following page 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 TRACKING

PROJECT TITLE: BID NUMBER:

CONTRACTOR’S NAME:

CONTACT PERSON:

ADDRESS: PHONE:

____________________________________ FAX:

EMAIL:

ORIGINAL CONTRACT AWARD: $_______________ MBE Use Proposed: %

CONTRACT DATE:

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

Printed 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 / Offeror, nor

any officer, director, partner, member, associate or employee of the Bidder / Offeror, nor any person in

his behalf, has in any way agreed, connived or colluded with any one for and on behalf of the Bidder /

Offeror, to obtain information that would give the Bidder / Offeror 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 / Offeror, nor

any officer, director, partner, member, associate of the Bidder / Offeror, 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


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___ 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

A. PROJECT DESCRIPTION .......................................................................................II - 1

B. BACKGROUND .......................................................................................................II - 1

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

A. PROJECT INITIATION, COORDINATION, AND DEVELOPMENT OF DETAILED

PROJECT PLANS AND STUDY DESIGN .............................................................II - 1

B. ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) ...................II - 2

C. PROPERTY MANAGEMENT AND MAINTENANCE.........................................II - 3

D. ASSESSMENT OF CONTROLS .............................................................................II - 4

E. WATERSHED ASSESSMENTS .............................................................................II - 5

III. ANNUAL REPORTING .................................................................................................... II - 6

IV. MONTHLY PROGRESS REPORTS WITH INVOICES .............................................. II - 7

V. PROPOSAL ......................................................................................................................... II - 7

A. Statement of Qualifications .......................................................................................II - 7

B. Project Approach and Understanding .......................................................................II - 7

C. Appendix (completed type written)...........................................................................II - 7

D. Cost Proposal.............................................................................................................II - 7


II- 1

SPECIAL PROVISIONS

I. GENERAL

A. PROJECT DESCRIPTION

This project is to maintain compliance with the Charles County NPDES MS4 permit for a

period of five years, by completing the monitoring and inspection tasks as described in

the following Scope of Services within the timeframes specified. Geographic

Information Systems (GIS) will be used as a basis for developing the Project Plans,

inspection tasks, and the Study Design for the monitoring, and preparing maps and data.

MDE’s database formats are attached to this Scope of Services (Attachment A).

PGM is requesting qualified consulting firms to submit technical and cost proposals to

carry out the permit monitoring and inspection tasks as described in the following Scope

of Services.

B. BACKGROUND

Charles County Government is subject to the current and next generation (currently in

draft) National Pollutant Discharge Elimination System (NPDES) Municipal Separate

Storm Sewer System (MS4) Permit MD0068365 issued by the Maryland Department of

the Environment (MDE). The permit stipulates conditions that regulate the discharge of

stormwater to and from the municipal separate storm sewer system. The Charles County

Department of Planning and Growth Management (PGM) coordinates the

implementation of this permit.

II. SCOPE OF SERVICES

A. PROJECT INITIATION, COORDINATION, AND DEVELOPMENT OF

DETAILED PROJECT PLANS AND STUDY DESIGN

1. Project Initiation and Coordination:

a. Within two weeks of Notice to Proceed, the consultant will meet with PGM

designated staff to discuss project coordination efforts and project activity

schedule. The consultant will prepare a presentation for this meeting that details

the planned activities and schedule. A visit to the current and/or potential

monitoring stations will follow the meeting.

b. PGM will provide the consultant with available documents and databases, to

support the project tasks.

c. The consultant will coordinate, with the assistance of PGM staff, the scheduling

of biannual meetings and associated meeting agendas, for the purpose of

reviewing monitoring, inspections, and reporting status and results with PGM

designated staff, and to ensure the project is progressing according to schedule.

In addition to biannual meetings it is important for the consultant to maintain

communication with PGM permit coordinator, to routinely discuss project

related issues and decisions as they arise.

d. The consultant, with assistance from PGM permit coordinator, will lead in the

preparation of schedules, agendas, and meeting minute summaries of all

coordination meetings for the length of the project.


II- 2

2. Project Plan for Illicit Discharge Detection and Elimination (IDDE) and Property

Management and Maintenance

a. Within six weeks of Notice to Proceed, the consultant will provide a Project

Plan for IDDE, for review and comment by PGM. Examples of items to be

included in the plan are methods, justifications and sources for: the rotation of

outfalls that will be inspected over the project period, identifying the industrial

and commercial land use in the County that will be visually surveyed, weather

tracking, protocol for follow-up investigations, the field data sheets that will be

used, project schedule, and the deliverable report and database formats. Upon

PGM approval of this Plan, implementation will begin.

b. Within six weeks of Notice to Proceed, the consultant will provide a Project

Plan for Property Management and Maintenance, for review and comment by

PGM. Examples of items to be included in the plan are methods, justifications

and sources for: identifying all County-owned municipal facilities, determining

whether stormwater general permit coverage is required, contacting the

appropriate County staff regarding pollution prevention plans, scheduling site

inspections, project schedule, and the deliverable report and database formats.

Upon PGM approval of this Plan, implementation will begin.

3. Study Designs for Assessment of Controls and Watershed Assessments

a. Within ten weeks of Notice to Proceed, the consultant will provide a draft Study

Design for the Assessment of Controls based on discussions at the initial

meeting with PGM designated staff and review of NPDES MS4 permit,

watershed restoration projects and schedules, Watershed Implementation

Plan(s), and other available data. Examples of items to be included in the plan

are methods, justifications and sources for selecting the proposed monitoring

sites. Upon PGM approval of the Study Design, implementation will begin.

b. Within ten weeks of Notice to Proceed, the consultant will provide a draft Study

Design for the Watershed Assessments including the subwatersheds to be

sampled, the parameters and methods, the laboratories to be used, strategy for

the visual assessments, schedule, and justifications. Upon PGM approval of the

Study Design, implementation will begin.

4. Summary of Deliverables: Meeting agendas, summaries and attendance, Project

Plans, and Study Designs.

B. ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)

1. The consultant will inspect 100 major outfalls in the County annually.

a. Major outfalls include those with an internal diameter of 36” or greater; or

discharge from other than a round pipe that drains 50 acres or more; or an

outfall with an internal diameter of 12 inches or greater that drains an area that

includes land zoned for industrial use.

b. Inspections will be performed following a minimum of 72 hours of dry weather.

Outfalls will be inspected for signs of physical deterioration. A hard copy field

data sheet will be completed for each inspection, to include the items identified

in MDE’s Annual Report Database for IDDE. A photo of each outfall will be

taken to document condition.

c. Each outfall having a dry weather discharge or suspected of having an illicit

discharge shall be sampled using a field test kit. The tests to be performed

include water temperature, pH, phenol, chlorine, detergents, copper, and


II- 3

nitrates. Discharge limits will be per Dry Weather Flows and Illicit Discharges

in Maryland Storm Drain Systems (MDE, 1997) and other documented and

referenced sources as determined applicable and/or necessary. If the discharge

exceeds limits, the site will be retested after 4 hours but within 24 hours to

verify results. If an illicit discharge is discovered, the field team will make

every possible effort to determine the source.

d. In the event of illicit discharge detection, or physical maintenance issues of an

outfall, a detailed report describing the issues identified, photographs, and

recommended next steps will be sent to PGM immediately.

e. Annually, the consultant will inspect and sample up to five additional outfalls

identified through citizen complaint to County staff.

f. All hard copy field data sheets will be entered into MDE’s Annual Report

Database for IDDE as defined in Attachment A and submitted to the County

with digital photos identified with outfall number and date. Annually, a report

of the year’s IDDE activities, enforcement actions, a 24” x 36” map and GIS

data showing the locations of outfalls screened and illicit discharges detected,

and any requests and justifications for proposed modifications to the IDDE

program, shall be submitted to PGM.

2. Conduct visual surveys of commercial and industrial areas for discovering,

documenting, and eliminating pollutant sources.

a. The visual surveys will be conducted annually of the areas identified as having

commercial and industrial land use in the County.

b. A hard copy field data sheet will be completed for each inspection site. A photo

will be taken to document any suspected upland pollutant source.

c. In the event of identification of an upland pollutant source, a detailed report

with issues identified, photographs, location, and recommended next steps will

be sent to PGM immediately.

d. Annually, a report of the year’s survey activities, a 24” x 36” map and GIS data

showing areas surveyed and identified upland pollutant sources, and any

requests and justifications for proposed modifications to the program, shall be

submitted to PGM.

3. Summary of Deliverables: Copies of field data sheets, MDE’s IDDE populated

database, detailed issue reports, annual reports, maps, GIS data, and photos.

C. PROPERTY MANAGEMENT AND MAINTENANCE

1. The requirements, which determine whether a facility requires NPDES stormwater

general permit coverage, and a list of all County-owned municipal facilities will be

provided to PGM.

2. Each County-owned municipal facility requiring NPDES stormwater general permit

coverage will be identified. For all identified facilities, it will be determined whether

a Notice of Intent (NOI) has been submitted to MDE and whether there is a pollution

prevention plan for each facility.

3. Annually, review and document the status of pollution plan development and

implementation for each County-owned municipal facility. Annually, submit the

reports with photos for all facilities to PGM, with an overall report of the year’s

activities.


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4. Summary of Deliverables: Annual reports, facility reports, and photos.

D. ASSESSMENT OF CONTROLS

The following item numbers (1) water quality, (2) biological, and (3) geomorphological

stream monitoring protocols are for the purpose of assessing the cumulative effects of

watershed restoration activities:

1. Water Quality Sampling

a. Eight storm events will be monitored per year at the outfall and in-stream

monitoring locations identified by PGM with at least two occurring per quarter.

Quarters are based on the calendar year. If extended dry weather occurs,

baseflow samples will be taken at least once per month at the monitoring

stations if flow is observed.

b. Discrete samples of stormwater flow will be collected at the monitoring stations

using automated or manual sampling methods. Measurements of pH and water

temperature will be taken.

c. At least three samples determined to be representative of each storm event shall

be submitted to a laboratory for analysis according to methods listed under 40

CFR Part 136 and event mean concentrations (EMC) shall be calculated for:

Biochemical Oxygen Demand (BOD5) Total Lead

Total Kjeldahl Nitrogen (TKN) Total Copper

Nitrate plus Nitrite Total Zinc

Total Suspended Solids Total Phosphorus

Total Petroleum Hydrocarbons (TPH) Hardness

E. coli or enterococcus

d. Continuous flow measurements will be recorded at the in-stream monitoring

station or other practical location based on the approved study design. Data

collected will be used to estimate annual and seasonal pollutant loads and

reductions, and for the calibration of watershed assessment models.

e. Annually, populate MDE’s Chemical Monitoring database with sampling data,

and prepare a Chemical Monitoring Report discussing the study design,

monitoring protocol, results, and flow-weighted event mean concentrations by

calendar year compared to previous years, Nationwide Urban Runoff Project,

and published MDE averages.

f. Annually, calculate pollutant load estimates for any U.S. Environmental

Protection Agency (EPA) approved TMDLs with a stormwater wasteload

allocation (WLA). This shall be reported in MDE’s Pollutant Load Reductions

Associated with GIS Coverage database, and include a written summary report.

2. Biological Assessment

a. Benthic macroinvertebrate samples shall be gathered each Spring at the location

identified by PGM, based on the study design.

b. The EPA Rapid Bioassessment Protocols (RBP), Maryland Biological Stream

Survey (MBSS), or other similar method approved by MDE will be used.

c. Annually, populate MDE’s Biological and Habitat Monitoring database, and

prepare a Biological Assessment Report.


II- 5

3. Geomorphological Assessment

a. A geomorphologic stream assessment will be conducted at the location

identified by PGM, based on the study design. This assessment will include an

annual comparison of permanently monumented stream channel cross-sections

and the stream profile.

b. A stream habitat assessment will be conducted using techniques defined by the

EPA RBP, MBSS, or other similar method approved by MDE.

c. Use a hydrologic and/or hydraulic model (examples include, TR-20, HEC-2,

HEC-RAS, HSPF, SWMM, etc.) in the fourth year of monitoring to analyze the

effects of rainfall; discharge rates; stage; and, if necessary, continuous flow on

channel geometry.

d. Annually prepare a Geomorphicological Assessment Report.

4. Stormwater Assessment

The following physical stream monitoring protocols and reports are for the purpose of

determining the effectiveness of stormwater management practices for stream channel

protection:

a. Annually survey the stream profile and permanently monumented cross-sections

to evaluate stream stability, at the location identified by PGM, based on the

study design.

b. Annually survey and compare the stream profile and survey of the permanently

monumented cross-sections with baseline conditions for assessing areas of

aggradation and degradation.

c. Use a hydrologic and/or hydraulic model (examples include, TR-20, HEC-2,

HEC-RAS, HSPF, SWMM, etc.) in the fourth year of monitoring to analyze the

effects of rainfall; discharge rates; stage; and, if necessary, continuous flow on

channel geometry.

d. Annually, prepare a Stormwater Assessment report discussing the purpose and

need of the project, analyzing the survey and model results, and characterizing

the effects of the stormwater management practices on stream channel stability.

Include information on land use change over time in the drainage area,

identification and evaluation of all stormwater management practices in the

drainage area for type, condition, area treated and age, visual survey of land use

changes, documenting new development.

5. Summary of Deliverables: Annual submittals of MDE’s Chemical Monitoring

populated database, MDE’s Biological and Habitat Monitoring populated database,

MDE’s Pollutant Load Reductions Associated with GIS Coverage database,

Chemical Monitoring Reports, Biological Monitoring Reports, Geomorphological

Reports, and Stormwater Assessments, and photos.

E. WATERSHED ASSESSMENTS

1. Detailed watershed assessments will be prepared for the 10 major watersheds in the

County.

The following is a list of items required to be included:

a. Determine water quality conditions by conducting synoptic sampling at the

subwatershed level. Synoptic sampling shall include nitrate plus nitrite,

orthophosphate, dissolved oxygen, temperature, conductivity, E.coli, and optical

brightener. Sampling shall occur at least 24 hours after rainfall events totaling


II- 6

more than .25 inches. All analysis shall be conducted in accordance with EPA

protocols.

b. Conduct a visual watershed inspection including upland and lowland areas.

Area to be included in the visual watershed inspection shall be based on desktop

assessments that target potential sources of 303(d) impairment listings. Desktop

assessments shall be reviewed and approved by designated PGM staff prior to

initiating visual watershed inspections.

c. Identify and rank water quality problems identified by synoptic sampling and

visual watershed inspections, and provide maps of synoptic sampling results,

problems identified, and potential water quality improvement projects with

descriptions and estimated load reductions. Water quality improvement

projects should include those identified by the County’s Restoration Plans, as

well as those identified by this assessment.

d. Prioritize all structural and nonstructural water quality improvement projects

based on evaluating BMP efficiency rates using the methods described in

Accounting for Stormwater Wasteload Allocations and Impervious Surface

Areas Treated, Guidance for National Pollutant Discharge Elimination System

Stormwater Permits (MDE, June 2011 or subsequent version).

e. Specify pollutant load reduction benchmarks and deadlines that demonstrate

progress towards meeting applicable stormwater WLAs, as an iteration of the

County’s Restoration Plans.

f. Prepare a Watershed Assessment report, incorporating the results of the above

analysis for each of the 10 major watersheds in the County. This task shall be

ongoing throughout the contract term.

2. Summary of Deliverables: Desktop assessments, watershed assessment reports, maps,

and GIS data of sampling points, sampling results, proposed water quality

improvement projects, and drainage areas to proposed water quality improvement

projects.

III. ANNUAL REPORTING

The consultant will submit annual reports and data, described above to PGM at least eight

weeks prior to the anniversary date of the County’s NPDES MS4 Permit. This deadline is

established to provide enough time for the consultant’s reports and data to be incorporated

into the County’s annual progress reports to MDE which are required on or before the

anniversary date of the permit.

Reports and data, other than annual reports, will be submitted by the deadlines established in

this scope.

All reports and data prepared under this scope shall be provided to PGM in the following

formats. Databases shall be submitted in Access or Excel using MDE’s formats provided in

Attachment A. Documents and reports shall be submitted Microsoft Office 2007 Suite and

Adobe Acrobat formats. Photos shall be submitted in Joint Photographic Experts Group (.jpg)

format with a pixel resolution of 1280W by 960H. Maps shall be provided Adobe Acrobat

and Arcview project (.mxd) format including the applicable shapefiles.


II- 7

IV. MONTHLY PROGRESS REPORTS WITH INVOICES

Monthly progress reports and invoices will be e-mailed to the PGM designated staff. The

reports will describe work progress of each task, unusual problems encountered, delays in

work progress, approval actions required, completion status of each task, and overall

completion status. Invoices shall use PGM’s standard invoice format. Monthly progress

reports and invoices shall be received by PGM designated staff no later than 15 days after the

end of each month. The invoice for June will be required no later than 10 days after the end

of June, to accommodate end of fiscal year processing. E-mailing the progress reports and

invoices is preferred.

V. PROPOSAL

A. Statement of Qualifications

• Cover letter on firm's letterhead

• Preliminary project schedule

• Completed type written SF-330 form identifying the project team and any sub-

consultants

B. Project Approach and Understanding

The approach and understanding of the scope of services shall be broken out by task, and

should include a list of positions, total number of hours anticipated and anticipated start

and end dates. Any necessary discussion or notes for clarification or recommendations to

the Scope of Services may also be provided.

• Project Initiation, Coordination, and Development of Detailed Project Plans and

Study Design

• Illicit Discharge Detection and Elimination (IDDE)

• Property Management and Maintenance

• Assessment of Controls

• Watershed Assessments

C. Appendix (completed type written)

• Addendum Certification Form.

• Minority Business Enterprise Utilization Affidavit

• Intended Non-MBE Sub-Contractors

• Non-Collusion Affidavit

D. Cost Proposal (**one copy to be submitted with each of the original signed proposal

packages only)

• Completed type written Proposal Form

• Detailed Cost Breakdown

The Consultant should provide a detailed cost breakdown for their staff time and

materials necessary for the completion of this project. The cost should be listed for

additional work that was not identified under this Scope of Services description. This

may include, but is not limited to, additional cost related to staff time and materials for

any additional meetings.

Total proposal shall include a list of team members to be assigned to the project, their

credentials and experience. Following the submission and review of the proposal,


II- 8

personal interviews may be scheduled. Please limit resume and information on other

related projects completed to those persons who will be directly involved in the project

and those projects that are similar to this study. The Consultant must identify the project

coordinator or project manager who will be the County’s primary contact for the project.

***END OF SPECIAL PROVISIONS***

GENERAL PROVISIONS TABLE OF CONTENT

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

2. RESPONSIBILITY OF THE CONSULTANT: ............................................................ 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. CONSULTANT'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 - 17

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

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

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

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

23. PUBLICITY: ..................................................................................................................... II - 18

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 - 19

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

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

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


II - 11

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 Director, Department of Planning and Growth Management, or his designated

representative who is authorized to act for the COUNTY. The term CONSULTANT, as use

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

2. RESPONSIBILITY OF THE CONSULTANT:

A. The CONSULTANT shall be responsible for the professional quality, technical accuracy

and the coordination of all designs, drawings, specifications, and other services furnished

by the CONSULTANT under this contract. The CONSULTANT shall, without additional

compensation, correct or revise any errors or deficiencies in 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 CONSULTANT shall be and remain liable to the COUNTY in

accordance with applicable law for all damages to the COUNTY caused by the

CONSULTANT'S negligent performance of any of the services furnished under this

contract.

C. The rights and remedies of the COUNTY provided for under this contract are in addition

to any other rights and remedies provided by law.

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 CONSULTANT'S cost of, or time required for, performance of any

services under this contract, whether or not changed by any order, an equitable

adjustment shall be made and the contract shall be modified in writing accordingly. Any

claim of the CONSULTANT for adjustment under this clause must be asserted in writing

within THIRTY (30) days from the date of receipt by the CONSULTANT of the

notification of change unless the COUNTY grants a further period of time before the date

of Final Payment under this contract.

B. No services for which an additional cost or fee will be charged by the CONSULTANT

shall be furnished without the prior written authorization of the COUNTY.

4. TERMINATION:

A. The COUNTY may, by written notice to the CONSULTANT, terminate this contract in

whole or in part at any time, either for the COUNTY'S convenience or because of the

failure of the CONSULTANT to fulfill his obligations under this contract.


II - 12

Upon receipt of such notice, the CONSULTANT 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 CONSULTANT in performing under this contract,

whether completed or in process.

B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the

contract price shall be made but no amount shall be allowed for anticipated profit on

unperformed services.

C. If the termination is due to the failure of the CONSULTANT to fulfill 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 CONSULTANT shall be liable to

the COUNTY for any additional cost occasioned to the COUNTY.

D. If, after notice of termination for failure to fulfill obligations, it is determined that the

CONSULTANT had not so failed, the termination shall be deemed to have been 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 CONSULTANT. The decision of the COUNTY shall be final and

conclusive unless, within THIRTY (30) days from the date of receipt of such copy, the

CONSULTANT executes and furnishes a written appeal to the COUNTY

COMMISSIONERS OF CHARLES COUNTY. The decision of the COUNTY

COMMISSIONERS for the determination of such appeals shall be final and conclusive.

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

CONSULTANT 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 CONSULTANT

shall proceed diligently with the performance of the contract and in accordance with the

COUNTY'S decision.


II - 13

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 CONSULTANT. With respect

thereto, the CONSULTANT agrees not to assert any rights and not to establish any claim under

the design patent or copyright laws. The CONSULTANT, for a period of three (3) years after

final payment under this contract, agrees to furnish and provide access to all retained materials

on the request of the COUNTY. Unless otherwise provided in this contract, the CONSULTANT

shall have the right to retain copies of all such materials beyond such period.

In the event that the COUNTY uses any of the previously mentioned materials for purposes other

than those covered under this contract or other than for which it was provided, the

CONSULTANT shall not be held liable for any personal or property damage arising from such

use.

7. EXAMINATION OF RECORDS:

A. The CONSULTANT shall maintain books, records, documents, and other evidence and

accounting procedures and practices, sufficient to reflect properly all direct and indirect

costs of whatever nature claimed to have been incurred and anticipated to be incurred for

the performance of this contract. The foregoing constitutes "records" for the purposes of

this clause.

B. The CONSULTANT'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 CONSULTANT 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 CONSULTANT warrants that no person or selling agency has been employed or retained to

solicit or secure this contract upon a contract or understanding for a commission, percentage,

brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial

or selling agencies maintained by the CONSULTANT for the purpose of securing business. For

breach or violation of this warranty, the COUNTY shall have the right to annul this contract


II - 14

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 CONSULTANT shall promptly investigate and maintain a complete record of accidents

resulting in personal injury, death, or property damage incident to performance of work under

this contract. Loss of or damage to COUNTY equipment or property in the custody of the

CONSULTANT shall be reported to the COUNTY within TWENTY-FOUR (24) hours after the

occurrence of the accident, together with full details relating to the incident.

10. CONSULTANT'S ORGANIZATION:

The CONSULTANT 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 CONSULTANT agrees to retain the listed key

employees assigned to the performance of the work under this contract and shall not reassign or

remove any of them without the consent of the COUNTY. Whenever, for any reason, one or

more of the aforementioned employees is unavailable for assignment for work under this

contract, the CONSULTANT shall, with the approval of the COUNTY replace such employee

with an employee of substantially equal abilities and qualifications.

The CONSULTANT shall be responsible for maintaining satisfactory standards of employee

competency, conduct and integrity and shall be responsible for taking such disciplinary action

with respect to his employees as may be necessary.

The CONSULTANT shall require in each subcontract, a provision that requires each

Subcontractor to advise the CONSULTANT promptly of any significant changes in the

organization of such subcontractor, and the CONSULTANT shall promptly advise the COUNTY

of any such changes reported to the CONSULTANT or otherwise discovered by the

CONSULTANT.

11. EMPLOYMENT DISCRIMINATION BY CONTRACTORS PROHIBITED

During the performance of any contract awarded pursuant to this RFP, the CONSULTANT

agrees as follows:

A. The CONSULTANT will not discriminate against any employee or applicant for

employment because of race, religion, color, sex or national origin, except where

religion, sex or national origin is a bona fide occupational qualification reasonably

necessary to the normal operation of the CONSULTANT. The CONSULTANT agrees

to post in conspicuous places, available to employees and applicants for employment,

notices setting forth the provisions of this nondiscrimination clause.

B. The CONSULTANT, 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


II - 15

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 CONSULTANT 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 CONSULTANT shall supply all materials and

perform all services which reasonably may be implied as being incidental to the work of this

contract.

In the event of a conflict between the General and Special Provisions, the Special Provisions will

govern.

15. DELIVERY POINT, INSPECTION, AND APPROVAL:

All items required to be furnished by the CONSULTANT under this contract shall be delivered

at the CONSULTANT'S expense to:

Steven Ball, Planning Director

Department of Planning & Growth Management

Planning Division

P.O. Box 2150

La Plata, Maryland 20646-2150

The CONSULTANT will be notified if the submittal, or any portion thereof, is rejected. In this

event, the CONSULTANT will be required to resubmit those rejected materials so that they fully

comply with the requirements of this contract. The decision of the COUNTY as to acceptance or

rejection of the required submittals shall be final, subject only to the provisions of Clause 5

"Disputes" of the General Provisions of this contract.

16. DESIGNATION OF COUNTY'S REPRESENTATIVE:

The CONSULTANT'S day to day activities and work production will be monitored by a person

designated by the COUNTY to act as the authorized representative to administer this contract in whole

or in part.

No oral statement of any person and no written statement of anyone other than the

CONTRACTING OFFICER, or the authorized representative, shall modify or otherwise effect

any provision of this contract.


II - 16

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 CONSULTANT 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


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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

CONSULTANT or subcontractor, the CONSULTANT shall provide and shall require the

subcontractors to provide all reasonable facilities and assistance for the safety and convenience

of the COUNTY representatives in the performance of their duties. All inspections and

evaluations shall be performed in such a manner as will not unduly delay the work.

19. INVESTIGATION OF FIELD CONDITIONS:

The CONSULTANT 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

CONSULTANT, including subcontractors, does not visit the area, he will nevertheless be

charged with knowledge of conditions which a reasonable inspection would have disclosed. The

CONSULTANT shall assume all responsibility for deductions and conclusion as to the

difficulties in performing the work under this contract.

20. ONE YEAR GUARANTEE:

In the event the COUNTY requires a construction contract resulting from the prepared work of

the CONSULTANT hereunder, to make repairs, replacement, reconstruction or similar

adjustments under the provisions of the construction contract, the CONSULTANT shall provide

such professional services as may be required at no additional cost to the COUNTY where it is

determined that the repairs, replacement, reconstruction or similar adjustment is attributed to a

design deficiency for which the CONSULTANT is responsible.

The period of this guarantee shall commence on the date that the COUNTY 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 CONSULTANT is responsible.

21. PATENTS:

The CONSULTANT shall hold and save the COUNTY, and all officers and agents thereof

harmless from and against all and every demand of any nature and kind for or on account of the

use of any patented or copyrighted inventions, article, or process employed by the

CONSULTANT in the performance of the work.

22. PERMITS:

Without additional cost to the COUNTY, the CONSULTANT shall obtain all applicable permits,

licenses, and insurance; shall pay all charges and fees; and shall give all notices necessary and

incident to the due and lawful performance of the services under this contract.


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23. PUBLICITY:

Except with the prior approval of the COUNTY, the CONSULTANT shall not release for

publication any drawing, rendering, perspective sketch, photograph, report, specification, cost

estimate, or other material of any nature pertaining to the facilities, for which services are

performed under the terms of this contract.

The provisions of this article shall extend also to the release of any such materials to any person

not so authorized by the COUNTY.

24. RESPONSIBILITY FOR MATERIALS AND RELATED DATA:

Except as otherwise provided in this contract,

A. The CONSULTANT shall be responsible for any materials and related data covered by

this contract until they are delivered to the COUNTY at the designated delivery point.

B. After delivery to the COUNTY at the designated point and prior to acceptance by the

COUNTY or rejection and giving notice thereof by the COUNTY, the COUNTY shall be

responsible for the loss or destruction of or damage resulting from the negligence of

officer, agents, or employees of the COUNTY acting within the scope of their

employment.

C. The CONSULTANT shall bear all risks as to rejected materials and related data after

notice of rejection, except that the COUNTY shall be responsible for the loss,

destruction, or damage resulting from the gross negligence of officers, agents, or

employees of the COUNTY acting within the scope of their employment.

D. After delivery to, and acceptance of, the COUNTY shall be responsible for the loss or

destruction of or damage to the materials and related data so delivered and accepted.

25. RIGHT OF ENTRY:

Where rights-of-entry have not been obtained by the COUNTY, the CONSULTANT will be

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

required under this contract. The CONSULTANT will be advised as to arrangements previously

made with landowners. The CONSULTANT shall assume all responsibility for and take all

precautions to prevent damage to property entered.

26. RISK, DAMAGES:

The CONSULTANT shall assume all risks of injury to persons or property arising out of

CONSULTANT'S sole negligent acts, errors or omissions in CONSULTANT'S performance of

work under this contract and shall indemnify and save harmless the COUNTY against all claims,

causes of action (cost and expense) on account of bodily injuries to, and death of persons, and

damages to property arising from the sole negligent acts, errors or omissions of the

CONSULTANT in connection with the prosecution of the work under this contract.


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27. FEE AND PAYMENT

For the furnishing of all services as specified herein, the CONSULTANT shall be paid the total

fee specified.

After completion of work as requested and prior to final payment, the CONSULTANT shall

furnish to the Contracting Officer, a release of claims/liens against the COUNTY arising out of

the contract, other than claims specifically accepted from the operation of the release.

Progress payments to the CONSULTANT shall be made on the basis of monthly itemized

invoices submitted for the actual percentage of physical work completed by the CONSULTANT

and accepted by the COUNTY. Invoices shall include a description of the work, the percentage

completed during the month, and the cost to date for each item of services performed; with the

invoice, the CONSULTANT shall submit progress copies of plans, reports, specifications,

details, etc. labeled as "PROGRESS PRINTS FOR INVOICE # _” and dated. The total of the

progress payments shall not exceed ninety (90) percent of the total contract amount. The

remaining ten (10) percent shall be paid upon completion of the contract.

Progress payments to the CONSULTANT will be due and payable thirty (30) calendar days after

the COUNTY receives an acceptable invoice.

In accepting payment of the fee represented by this invoice, the CONSULTANT acknowledges

that he has no unsatisfied claim against the COUNTY arising out of this Contract and the

CONSULTANT forever releases and discharges the COUNTY and its officers, agents, and

employees from any past or future claim or demand whatsoever arising out of the direct or

indirect operations of the CONSULTANT under this Contract.

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 Consultant 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


APPENDIX 1

HOLIDAY SCHEDULE

NEW YEAR'S DAY

MARTIN LUTHER KING JR.'S BIRTHDAY

*LINCOLN'S BIRTHDAY

PRESIDENT’S DAY

*MARYLAND DAY

GOOD FRIDAY

MEMORIAL DAY

INDEPENDENCE DAY

LABOR DAY

COLUMBUS DAY

ELECTION DAY

(when applicable)

VETERAN'S DAY

THANKSGIVING DAY

DAY AFTER THANKSGIVING

CHRISTMAS DAY

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


ATTACHMENT A (SEPARATE DOCUMENT)

NPDES PERMIT MONITORING & INSPECTION RFP NUMBER 13-08

Documents

Transcript of NPDES PERMIT MONITORING & INSPECTION RFP NUMBER 13-08