Calvert County, MD Public Works Agreement and Warranty

Application for the public works agreement (public and private) for road construction shall be made on forms provided by the Engineering Division.

The two types of legal agreements required for road construction are:

Public works agreement (public) for public road development, which requires deeding the right-of-way to the County, including but not limited to:

[1]

New residential.

[2]

Townhouse roads.

[3]

Commercial and industrial subdivisions.

[4]

Existing recorded rights-of-way where there is no established homeowners' agreement.

Public works agreement (private) for private road development, which does not require deeding the rights-of-way to the County, including but not limited to:

[1]

Industrial subdivision roads: five or fewer lots.

[2]

Townhouse roads.

[3]

Private lanes.

[4]

Common access drives.

[5]

Farm and Forest Districts, twenty-acre or larger lots.

[6]

Shared driveways.

[7]

Family conveyance right-of-way.

[8]

Reduced pipe stems.

Public works agreement submission.

Before a public works agreement application is reviewed and approved, the following documents, when applicable, shall be submitted to the Engineering Division.

A public works agreement submittal checklist shall be submitted, and shall include a signed acknowledgement that the public works agreement and all attached documents are complete and in compliance with the checklist requirements.

A public works agreement (public or private) application, complete with original signatures, shall be submitted, and include the following as necessary:

In the event that an intended contract purchase has not taken place, the owner and the contract purchaser shall sign the authorization to enter into a public works agreement giving the contract purchaser the right to enter into the public works agreement.

All persons having an interest in the property shall sign, and have notarized, the grant of temporary easement. This easement permits the County to enter upon the subdivision property and complete the bonded construction in the event the permittee fails to comply as set forth in the public works agreement. Unless the permittee is in default and the County has called the surety, the rights granted under the easement shall lapse upon release of the sureties posted to guarantee construction of the improvements and amenities. Schedule A is also required as a part of the temporary easement.

A current material and construction items cost estimate form(s) for the following improvements:

Road construction.

Stormwater management.

Road signs and pavement markings.

(d)

Amenities.

Public works agreement surety for the following items:

Base road construction, base maintenance, and surface construction.

Stormwater management.

Road signs and pavement markings.

(d)

Amenities.

(6)

Six sets of paper copies of the complete road construction plans with all final stamps, folded to approximately nine by 12 with the title block showing, as required by the Engineering Division.

(7)

Two sets of paper copies of the approved site plan, when applicable, with final stamps, folded to approximately nine by 12 with the title block showing, as required by the Engineering Division.

(8)

Stormwater management documents, executed by the applicant, including:

Inspection and maintenance of private on-site stormwater management facility.

Grant of stormwater management or drainage easement and right-of-way to the Board of County Commissioners of Calvert County, Maryland or other designee as determined at time of record plat.

(9)

Preliminary approval letter, one copy.

(10)

Deed and current title report dated not more than 15 days prior to the date of submission, to include documents referenced in the title report (only if the roads involved shall be public)

The permittee shall deed to the County, and the County shall accept, by good and marketable title, the fee simple road bed(s) and easements shown for the said road(s) and drainage facilities in fee simple, free and clear of all liens and encumbrances.

The permittee shall also furnish to the County, a current certificate of title issued by a recognized title insurance company or by an attorney at law. The title report is not to be submitted until the public works agreement has been reviewed and approved by the Director, and is ready to submit to the County Attorney.

The County shall accept title to the roads upon acceptance of the road into the County maintained road network following an approved maintenance period and inspection.

(11)

Widening strip deed(s) recorded as required, one original and one copy. The original deed must be in possession by the Department or the public works agreement will not be executed.

(12)

Recorded subdivision plat(s), one copy.

(13)

Roadway buffer receipt, from Planning and Zoning one copy.

(14)

Approved MSHA entrance permit and entrance plan, one copy of each.

(15)

Declaration of easement and maintenance site amenities, (i.e., sidewalk, lighting, etc.), to be recorded upon execution of the agreement.

(16)

Recorded access and maintenance agreement for stormwater management easements, one copy.

(17)

Recorded access and maintenance agreement for shared access easements, one copy.

(18)

Authorization of signature letter.

(19)

License agreement for ornamental signs in the County right-of-way.

Public works agreement review.

The public works agreement package shall be submitted to the Engineering Division. Original documents are required unless otherwise directed.

It shall be reviewed in its entirety by the Engineering Division and the Director and, in turn, transmitted to the County Attorney for legal review and execution.

If installation of utilities is a part of the public works agreement, the package shall also be transmitted to the Water and Sewerage Division for review.

If the package is denied by any agency, written comments shall be sent to the permittee.

It shall be at the discretion of the Engineering Division whether comments shall be returned to the permittee after each individual review or consolidated from all review agencies.

(6)

After comments have been addressed and the package is returned to the Engineering Division, the review process shall continue.

(7)

This process shall be repeated as needed until the package has been approved by all reviewing agencies.

(8)

Once the package has been approved, the permittee shall schedule separate preconstruction meetings with Soil Conservation and then immediately following with Public Works. The permittee shall then pay the grading permit application fee to Inspections and Permits.

(9)

The grading permit for road construction shall be presented at the preconstruction meeting.

(10)

Construction may then commence.

Public works agreement expiration. The public works agreement shall stay in effect for a minimum of three years from the original public works agreement submittal date.

Public works agreement extension.

In cases where the public works agreement is near expiration and the job is not complete, it shall be the responsibility of the permittee to request an extension of the public works agreement stating the reasons an extension should be granted.

An extension request, a most current schedule of costs, and an extension of bonding from the bank or bonding institution shall be included in the extension request submittal. Extensions shall be requested in one-year intervals.

The County shall conduct a site inspection to assure the project status is suitable for extension. The Director has the right to approve or deny any extension requests.

The permittee shall be notified in writing of the status of the request.

If an extension is denied, a new public works agreement shall be required and all bonding costs and inspection fees shall be recalculated to reflect the current policy.

§ 104-57 Submission of suitable agreement surety.

Public works agreement surety submittal.

Depending on the bonding method, the permittee shall be required to post public works agreement sureties in amounts equal to the following:

The permittee shall post two sureties: one guaranteeing base construction and base maintenance, and the other for surface construction.

[1]

For Bonding Method A, the amount of the sureties posted shall equal 25% of the base construction cost plus 125% of the surface construction costs as submitted and approved on the materials and construction items cost estimate, and tabulated as directed using the most current unit price sheet provided by the Engineering Division at the time of submittal. The base construction and base maintenance surety shall remain in full force and effect until the base roads are completed by the permittee, approved by the Director and, in turn, acceptance of a current surface construction surety is verified by the Engineering Division. The surface construction surety shall remain in full force and effect until the surface roads are completed by the permittee, approved by the Director and, in turn, a warranty bond accepted and approved by the Engineering Division. Under this bonding method, upon submission and approval of a satisfactory surety, public works agreement and other submittals deemed necessary by DPW, a grading permit shall be issued for road construction. Upon completion and approval of the base road construction, which shall include: the inspection of the bituminous base course, certification of materials and proof roll, submittal of the compaction reports, submittal of engineering certification, and the submittal of as-built plans, DPW shall recommend to the Inspections and Permits Division that building permits and use and occupancy permits be issued in the normal course.

[2]

For Bonding Method B, the amount of the sureties posted shall equal 110% of the base construction cost plus 125% of the surface construction costs as submitted and approved on the materials and construction items cost estimate, and tabulated as directed using the most current unit price sheet provided by the Engineering Division at the time of submittal. The base construction and base maintenance surety shall remain in full force and effect until the base roads are completed by the permittee, approved by the Director, and in turn acceptance of a current surface construction surety is verified by the Engineering Division. The surface construction surety shall remain in full force and effect until the surface roads are completed by the permittee, approved by the Director, and in turn a warranty bond accepted and approved by the Engineering Division. Under this bonding method, upon submission and approval of a satisfactory surety, public works agreement and other submittals deemed necessary by the DPW, a grading permit shall be issued for road construction and DPW shall recommend to the Inspections and Permits Division that building permits be issued in the normal course. Upon completion and approval of the base road construction, which shall include: the inspection of the bituminous base course, certification of materials and proof roll, submittal of the compaction reports, submittal of engineering certification, and the submittal of as-built plans, DPW shall recommend to the Inspections and Permits Division that use and occupancy permits be issued in the normal course.

The permittee shall post one surety guaranteeing stormwater management. The surety posted shall equal 125% of the cost as submitted, and approved, on the materials and construction items cost estimate and tabulated as directed using the most current unit price sheet provided by the Engineering Division at the time of submittal. The surety shall remain in full force and effect until completed by the permittee, and approved by the Director.

The permittee shall post one surety guaranteeing the construction of water and sewer facilities. The surety posted shall equal 125% of the cost as submitted, and approved, on the materials and construction items cost estimate and tabulated as directed using the most current unit price sheet provided by the Engineering Division at the time of submittal. The surety shall remain in full force and effect until completed by the permittee, approved by the Director and in turn a warranty bond accepted, if applicable.

(d)

The permittee shall post one surety guaranteeing the installation of road signs and pavement markings. The surety posted shall equal 125% of the cost as submitted, and approved, on the materials and construction items cost estimate and tabulated as directed using the most current unit price sheet provided by the Engineering Division at the time of submittal. The surety shall remain in full force and effect until completed by the permittee, and approved by the Transportation Division as part of the surface final approval.

(e)

The permittee shall post a surety guaranteeing each amenity as required by the Planning Commission. Each surety posted shall equal 125% of the amenity cost as submitted, and approved, on the materials and construction items cost estimate and tabulated as directed using the most current unit price sheet provided by the Engineering Division at the time of submittal. Each surety shall remain in full force and effect until that amenity is completed by the permittee, approved by the appropriate County agencies, and in turn a warranty bond accepted, if applicable.

The surety shall accompany the public works agreement, and be held by the Engineering Division.

The surety shall be in the form of cash, a cashier's check, personal check, irrevocable letter of credit, or corporate bond using a bond form approved by the County Attorney, or any other type of surety approved by the Board. Letters of credit and corporate bonds shall be from an institution with the authority to transact business in Maryland.

If cash, a cashier's check, or personal check is offered as surety, it shall be deposited with the Treasurer, who shall give his/her official receipt thereof stipulating that said payment has been deposited in compliance with and subject to the provisions of this section. No interest shall be paid on said sureties.

Surety reductions shall be approved on a case-by-case basis, and approved by the Director.

Public works agreement surety expiration. The public works agreement and sureties shall expire the same day, as required by this chapter or as extended by § 104-56.

Public works agreement surety release.

No surety covering construction under a public works agreement shall be released until the construction has been completed, inspected, and approved by the Director.

If cash, a cashier's check, or personal check are offered as surety, the refund payment shall be approved for release by the Engineering Division. Disbursement is made by the Treasurer.

If a letter of credit or corporate bond is offered as surety, the original document shall be collected from the Engineering Division, and signed for by the permittee or an authorized agent of said permittee.

Public works agreement surety forfeiture. If construction is not completed per the approved plans in the time frame allotted by the public works agreement, and the permittee has not taken any action to correct the issues, the surety shall be forfeited to the County at the discretion of the Director. The bonding institution may choose to complete all of the construction according to such plans, specifications and design standards as approved for the public works agreement.

Article XIX Public Works Agreement Warranty

§ 104-58 Warranty requirements.

Road.

The permittee shall warrant the road(s) for a minimum of one year or longer, as determined by the Director, against latent defects in the roadway, storm drainage, facility, and damages resulting from construction equipment and vehicles. Bonding is 10% of the total cost estimate. Please refer to the schedule of costs for bond amount.

A surety shall secure the obligations of this warranty.

The warranty period shall begin after the final approval of the road construction, approval of all applicable amenities, and County acceptance of an approved warranty surety.

The warranty may be posted at the time of the execution of the public works agreement, but in no event later than the acceptance of the roadway construction and release of the public works agreement surety.

The surety shall be released at the end of the approved warranty period, provided that the road has final inspection approval.

Water and sewer.

The permittee shall warrant the water and sewer facility for a minimum of one year against latent defects in the system(s) during the operation and maintenance period and damages from operation of construction equipment and vehicles.

A water and sewer maintenance agreement and surety shall secure the obligations of this warranty.

The warranty period shall begin after final acceptance of ownership, operation and maintenance of the system(s), or the Water and Sewerage Division Chief can be assured the system(s) shall perform as designed at full capacity, and after the County executes the maintenance agreement and surety.

The surety shall be released at the end of the approved warranty period, provided that the road has final inspection approval.

§ 104-59 Submission of suitable warranty surety.

Warranty surety submittal.

These sureties shall be in the form of cash, cashier's check, personal check, irrevocable letter of credit, or corporate bond using a bond form approved by the County Attorney, or any other type of surety approved by the Board.

Letters of credit and corporate bonds shall be from an institution with the authority to transact business in Maryland.

Surety reductions shall be approved on a case-by-case basis and approved by the Director.

Warranty surety expiration. The surety shall expire in a minimum of one year, as directed by the Director, from the submission of the warranty as required by this chapter.

Warranty surety release.

The warranty surety covering the construction under a public works agreement shall not be released until the Director has accepted the road construction after the warranty period. After acceptance of public road(s) the County shall acquire maintenance.

If cash, a cashier's check, or personal check is offered as surety, the refund payment shall be released by the Engineering Division directly through Finance and Budget and the Treasurer.