Section 5     Control of the Work

GP‑5.01       Authority of the Procurement Officer

A.            The Procurement Officer shall decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of said work; all questions which may arise as to the interpretation of any or all plans and specifications; and all questions as to the acceptable fulfillment of the Contract on the part of the Contrac­tor.

B.            The Procurement Officer shall determine the amount and quantity of work performed and materials which are to be paid for under the Contract.

C.            The Procurement Officer shall have the authority to suspend the work wholly or in part due to the failure of the Contractor to carry out provisions of the Contract.

GP‑5.02       Conformity with Contract Requirements

A.            All work performed and all materials furnished shall be in conformity with the Contract requirements.

B.            In the event the Procurement Officer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the Contract requirements and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor.

C.            In the event the Procurement Officer finds the materials or the finished product in which the materials are used are not in conformity with the Contract requirements but that acceptable work has been produced, he/she shall then make a determination if the work shall be accepted.  In this event, the Procurement Officer will document the basis of acceptance by a change order which will provide for an appropriate adjustment in the Contract price.  Any action taken pursuant to this paragraph may not result in an increase of the Contract price.

GP‑5.03       Discrepancies in the Contract Documents

In the event the Contractor discovers any discrepancies in the Contract documents, he/she shall immediately notify the Procurement Officer.  The Procure­ment Officer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Contract.

GP‑5.04       Cooperation by Contractor

A.            The Contractor will keep available on the project site at all times one complete set of Contract documents.

B.            The Contractor shall give the work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Procurement Officer and his/her inspectors in every way possible.

C.            The Contractor shall assign to the Contract as his/her agent, a competent superintendent capable of communicating in English and capable of reading and thoroughly understanding the Contract Documents and thoroughly experienced in the type of work being performed, who shall receive instructions from the Procurement Officer or his/her authorized representatives.  The superintendent shall have full authority to execute the order or directions of the Procure­ment Officer without delay, and to promptly supply such materials, equipment, tools, labor and incidentals as may be required.  Such superintendence shall be furnished irrespective of the amount of work sublet.  Said superintendent shall be on the project site at all times when the work is in progress.

GP‑5.05       Cooperation with Utilities

A.            It is understood and agreed that the Contractor has considered in his/her bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for delays, inconvenience, or damage sustained by him/her due to any inter­ference from the said utility appurtenances or the operation of moving them.

B.            The Contractor shall have responsibility for notifying all affected utility companies prior to the necessity of performing any work on their utilities and shall cooperate with them in achieving the desired result.  All damage to utility facilities caused by the Contractor's operations shall be the responsibility of the Contractor.

GP‑5.06       Cooperation Between Contractors

A.            Separate contractors on adjoining or overlapping work shall cooperate with each other as necessary.  Such cooperation shall include:

1.            Arrangement and conduct of work;

2.            Storage and disposal of materials, etc., by each in such manner as to not unnecessarily interfere with or hinder the progress of the work being performed by other contractors.  Contiguous work shall be joined in an acceptable manner.

B.            The Administration and Department shall have the right, at any time, to contract for and perform other work on, near, over or under the work covered by this Contract.  In addition, other work may be performed under the jurisdiction of another administration or State agency.  In such cases, when a dispute arises among contractors, the Procurement Officers will decide which of the Procurement Officers will have jurisdiction over said dispute.  The Contractor shall cooperate fully with such other contractors and carefully fit his/her own work to such other work as may be directed by the Procurement Officer.

C.            The Contractor agrees that in the event of dispute as to cooperation the Procurement Officer will act as referee.  The Contractor agrees to make no claims against the Administration for any inconvenience, delay or loss experienced by them because of the presence and operations of other contrac­tors.

GP‑5.07       Authority and Duties of Inspectors

A.            Inspectors shall be authorized to inspect all work done and all material furnished.  Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used.  The Inspector is not authorized to revoke, alter or waive any requirements of the Contract, nor is he/she authorized to approve or accept any portion of the complete project.  He/she is authorized to call the attention of the Contractor to any failure of the work or materials to conform to the Contract.  He/she shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Procurement Officer.  Inspectors shall perform their duties at such times and in such manner as will not unnecessarily impede progress on the Contract.

B.            The Inspector shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the management of the work by the latter.  Any advice, instruction, direction or other order which the Inspector may give the Contractor shall not be construed as binding the Procurement Officer in any way, or releasing the Contractor from fulfilling all of the terms of the Contract.

C.            Where there is disagreement between the Contractor (or his/her representa­tive) and the Inspector, such as refusal by the Contractor to use properly approved material, performing work not in compliance with plans and specifica­tions, and/or refusing to suspend work until problems at issue can be referred to and decided by the Procurement Officer, the Inspector will immediately direct the Procurement Officer's attention to the issues of disagreement.  If the Contractor still refuses to make corrections, comply or suspend work, the Procurement Officer will prepare and deliver in writing to the Contractor, by mail or otherwise, a written order suspending the work and explaining the reason for such shutdown.  As soon as the Inspector is advised of the delivery of the shutdown order, the inspector shall immediately leave the site of the work and any work performed during the inspector's absence will not be accepted or paid for and may be required to be removed and disposed of at the Contractor's expense.

GP‑5.08       Inspection of Work

A.            All materials and each part or detail of the work shall be subject at all times to inspection by the Procurement Officer or his/her authorized representa­tive, and the Contractor will be held strictly to the materials, workmanship, and the diligent execution of the Contract.  Such inspection may include mill, plant or shop inspection, and any material furnished under the Contract is subject to such inspection.  The Procurement Officer, or his/her representative, shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.

B.            If the Procurement Officer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed.  After examination, the Contractor shall restore said portions of the work to the standards required by the Contract.  Should the work thus exposed or examined prove acceptable, adjustments in contract time and price will be made pursuant to Section GP‑4.06 for the uncovering or removing, and the replacing of the covering or making good of the parts removed.  Should the work so exposed or examined prove unacceptable, the uncovering, or removing and replacing, shall be at the Contractor's expense.

C.            When the United States Government or any railroad, corporation or other agency is to pay a portion of the cost of the work covered by this Contract, their respective representatives shall have the right to inspect the work.

GP‑5.09       Removal of Defective Work

A.            All work and materials which do not conform to the requirement of the Contract will be considered unacceptable, unless otherwise determined acceptable under the provisions in GP‑5.02.

B.            Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, found to exist shall be removed and replaced by work and materials which shall conform to the specifications or shall be remedied otherwise in an acceptable manner authorized by the Procurement Officer.

C.            Upon failure on the part of the Contractor to comply promptly with any order of the Procurement Officer, made under the provisions of these General Provisions the Procurement Officer shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs from any monies due or to become due the Contractor under this Contract.

GP‑5.10       Load Restrictions

A.            The Contractor shall comply with all State and local requirements pertaining to speed, size, and weight of motor vehicles.

B.            The Administration may indicate in the Contract load restrictions on any road or structure within the vicinity of the project.

C.            The Contractor shall take into account any and all posted bridges, the crossing of which might be contemplated by the work on the Contract.  No loads in excess of posted limits will be allowed in the prosecution of the work on any Contract, unless the required permits are obtained from the appropriate State and local governmental agencies.

D.            The Contractor shall consider possible detrimental effects of operating heavy paving and grading equipment contiguous to retaining walls, pipe culverts, arches, forms for concrete work as well as construction existing prior to this Contract.

E.            The Procurement Officer shall have the right to limit passage of heavy equipment (plus loads) when such passage or usage is causing apparent or visible damage to embankments, paving, structures or any other property.

F.            Within the Baltimore City limits, the Department of Transit and Traffic of the City of Baltimore has jurisdiction for oversize and overweight vehicle movements.  Permits are obtainable from the Transit and Traffic Department.

GP‑5.11       Maintenance of Work During Construction

A.            The Contractor shall maintain the work during construction and until acceptance.  This maintenance shall constitute continuous and effective work prosecuted as required with adequate equipment and forces to the end that all parts of the work be kept in satisfactory condition at all times.

B.            Particular attention shall be given to drainage, both permanent and temporary.  The Contractor shall use all reasonable precautionary measures to avoid damage or loss that might result from accumulations and concentrations of drainage water, and material carried by such water and such drainage shall be diverted or removed when necessary to prevent damage to excavation, embankments, surfacing, structures or property.  Suitable measures shall be taken by the Contractor to prevent the erosion of soil in all construction areas where the existing ground cover has been removed.

C.            All cost of maintenance work during construction and before final acceptance shall be included in the price bid and the Contractor will not be paid additional amount for such work, except as otherwise provided.

D.            In the event that the Contractor's work is ordered shutdown for failure to comply with the provisions of the Contract, the Contractor shall maintain the entire project as provided herein, and provide such ingress and egress for local residents or tenants adjacent to the project site, for tenants of the project site, and for the general public as may be necessary during the period of suspended work or until the Contract has been declared in default.

E.            On projects where traffic flow is maintained, the Contractor shall be responsible for repair of all traffic damages to the work, either partially or totally completed, until such time as the work is accepted by the Procure­ment Officer.  Responsible, as used here, shall mean the responsibility for restoration, and the cost thereof unless otherwise expressly provided for in the Special Provisions.

GP‑5.12       Failure to Maintain Entire Project

Failure on the part of the Contractor, at any time, to comply with the provisions of GP‑5.11 above, will result in the Procurement Officer's immediate­ly notifying the Contractor to comply with the required maintenance provisions.  In the event that the Contractor fails to remedy unsatisfactory maintenance within twenty four (24) hours after receipt of such notice, the Procurement Officer will immediately proceed with adequate forces and equipment to maintain the project, and the entire cost of this maintenance will be deducted from monies due the Contractor.

GP‑5.13       Acceptance for Maintenance

A.            Partial Acceptance for Maintenance.  If at any time during the performance of the work the Contractor substantially completes a unit or portion of the work, he/she may request the Procurement Officer to make final inspection of that unit. If the Procurement Officer finds upon inspection that the unit has been satisfac­torily completed in compliance with the Contract, he/she may accept that unit as being completed and the Contractor may be relieved of further maintenance responsibility for that unit.  Generally, partial acceptance for maintenance will only be considered when the Administration feels that such action is in the public interest.  Such partial acceptance for maintenance shall in no way void or alter any of the terms of the Contract.

B.            Final Acceptance for Maintenance.  Upon due notice from the Contractor of presump­tive completion of the entire project, the Procurement Officer shall make a construction inspection and if at such inspection all construction provided for and contemplated by the Contract is found completed, such inspection shall constitute the final inspection and the Procurement Officer shall make the acceptance for maintenance as of that date, and the Contractor shall be notified of such acceptance in writing.  After acceptance for maintenance the Administration will assume responsibility for maintenance except where otherwise provided by the Contract.

C.            If, however, at any construction inspection any work in whole or in part is found unsatisfactory, the Procurement Officer shall give the Contrac­tor the necessary instructions as to the work required for final completion and acceptance for maintenance.  The Contractor forthwith shall comply with and execute such instructions.  Upon completion of such work, another inspection shall be made which shall constitute the final inspection if the said work is found to have been completed satisfactorily.  In such event, the Procurement Officer shall make the acceptance for maintenance and the Contractor shall be notified as aforesaid.  After final acceptance for maintenance, the Administration will assume responsibility for maintenance except where otherwise provided by the Contract.

D.            Unless otherwise provided in this Contract, acceptance by the State shall be made as promptly as practicable after completion and inspection of all work required by this Contract, or that portion of the work that the Procurement Officer determines can be accepted separately.  Acceptance shall be final and conclusive except as regards latent defects, fraud, such gross mistakes as may amount to fraud or the State's rights under any warranty or guarantee or any claims or counter claims reserved by the State.

GP‑5.14       Claims

Unless a shorter period is prescribed by law or elsewhere in this Contract,

A.                  The Contractor shall file a written notice of claim for extension of time, equitable adjustment, extra compensation, damages, or any other matter (whether under or relating to this Contract) with the Procurement Officer within thirty (30) days after the basis for the claim is known or should have been known, whichever is earlier.

B.            Contemporaneously with or within thirty (30) days of the filing of a notice of a claim, but no later than the date that final payment is made, a contrac­tor shall submit the claim to the appropriate Procurement Officer.  The claim shall be in writing and shall contain:

1.                   An explanation of the claim, including reference to all contract provisions upon which it is based;

2.            The amount of the claim;

3.            The facts upon which the claim is based;

4.            All pertinent data and correspondence that the Contractor relies upon to substantiate the claim; and

5.            A certification by a senior official, officer, or general partner of the Contractor or subcontractor, as applicable, that, to the best of the person's knowledge and belief, the claim is made in good faith, supporting data are accurate and complete, and the amount requested accurately reflects the Contract adjustment for which the person believes the Administra­tion is liable.

C.            The claim shall also contain itemized supporting data for the elements of cost the Contractor claims to have incurred or it will incur.  This data shall be in sufficient detail to permit analysis by the Administra­tion of material, labor, equipment, subcontract and overhead costs as well as profit and shall include all work covered by the claim, whether deleted, added, or changed.  Subcontract cost shall be supported by similar detailed data.

D.            A notice of claim or a claim that is not filed within the prescribed time shall be dismissed.

GP‑5.15       Disputes

A.            This Contract is subject to the provisions of Title 15, Subtitle 2, State Finance and Procurement Article (Dispute Resolution) of the Annotated Code of Maryland and COMAR 21.10 (Administrative and Civil Remedies).

B.            Except as otherwise may be provided by law, all disputes arising under or as a result of a breach of this Contract that are not disposed of by mutual agreement shall be resolved in accordance with this clause.

C.            As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this Contract.

D.            A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim under this clause.  However, if the submis­sion subsequently is not acted upon in a reasonable time, or is disputed either as to liability or amount, it may be converted to a claim for the purpose of this clause.

E.            A claim shall be made in writing and submitted to the Procurement Officer for decision in consultation with the Office of the Attorney General.

F.            When a claim cannot be resolved by mutual agreement, the Contractor shall submit a written request for final decision to the Procure­ment Officer.  The written request shall set forth all the facts surrounding the controversy.

G.           The Contractor, at the discretion of the Procurement Officer, may be afforded an opportunity to be heard and to offer evidence in support of his/her claim.

H.            The Procurement Officer shall render a written decision on all claims within 180 days of receipt of the Contractor's written claim, unless the time is extended by mutual agreement of the parties.  If a decision is not issued within 180 days, the Procure­ment Officer shall notify the Contractor of the time within which a decision shall be rendered and the reasons for such time extension.  The decision shall be furnished to the Contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt.  The Procurement Officer's decision shall be deemed the final action of the State.

I.             The Procurement Officer's decision shall be final and conclusive unless the Contractor mails or otherwise files a written appeal with the Maryland State Board of Contract Appeals within thirty (30) days of receipt of the decision.

J.             Pending resolution of a claim, the Contractor shall proceed diligent­ly with the performance of the Contract in accordance with the Procurement Officer's decision.