PART I GENERAL PROVISIONS - aacounty.orgAn individual, partnership, firm, or corporation formally...

PART I

GENERAL PROVISIONS

GP-1

DEFINITIONS AND TERMS

GP-1- 1 of 17

Published: 01/01 Revised:

GP-1

DEFINITIONS AND TERMS

GP-1.01 GENERAL Wherever in these General Provisions or in other Contract Documents the following terms or abbreviations are used, the meaning shall be as follows.

GP-1.02 ORGANIZATIONAL DEFINITIONS

Anne Arundel County Anne Arundel, Maryland, a body corporate and politic. References herein to "the County" shall be interpreted as meaning Anne Arundel County.

Department Anne Arundel County Department of Public Works.

GP-1.03 DEFINITIONS

Additional Work Increase in quantities of Work above those shown in the Proposal Form.

Advertisement The public announcement, as required by law, inviting bids for Work to be performed or materials to be furnished.

Anne Arundel County Standard Details Detail drawings showing standard methods of construction for water mains, sanitary sewers, storm drains, roads, streets and erosion control measures.

Award The decision of the County to accept the Proposal of the lowest responsive and responsible bidder for the Work, subject to the execution and approval of a satisfactory Contract therefore and Bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law.

Base Course The layer or layers of specified selected material of designed thickness placed on a subbase or a subgrade to support a surface course.

Bid A statement of price, terms of sale, and description of the supplies, services, or construction offered by a vendor to the County.

DEFINITIONS AND TERMS GP-1- 2 of 17


Bid Board A bulletin board displayed in an area to which the public has access and on which is posted solicitations or announcements of availability of solicitations or both.

Bid Bond The security in the form approved by the County and executed by the Bidder and his Surety and paid for by the Bidder. The Bid Bond, when required, shall be in the amount designated by the County as a guarantee on the part of the bidder to enter into a Contract with the County, if the Work of constructing the improvement is awarded to the Bidder.

Bidder An individual, partnership, firm, or corporation formally submitting a Proposal for the Work contemplated, acting directly or through a duly authorized representative.

Bid Form The approved form on which the County requires bids to be set forth and submitted. See also Proposal Form.

Bid Item An item of Work specifically described and for which a price, either unit or lump sum, is quoted by the Contractor. It includes the performance of all Work and the furnishing of all labor, equipment and materials described herein or described in any Supplemental Specifications or Special Provisions.

Bridge The word "bridge" shall mean any bridge or highway grade separation structure and shall embrace the sub-structure and superstructure and the approaches thereto, and such entrance plazas, interchanges, overpasses, underpasses, connecting highways and other structures which the County may deem necessary in connection therewith, together with all property, rights, easements, franchises, and interest acquired by the County for the construction and operation of such bridge.

For the convenience of and definition by the County a bridge will also be known as a structure more than 20 feet in length. The County's definition of length shall be the out to out dimension of the floor or from back wall to back wall of abutments. For arches, the length shall be the clear span. For box culverts and batteries of pipes, the length shall be out to out of outer walls and out to out of shells of outside pipes. For lengths, all dimensions shall be parallel to the centerline of the roadway. The dimensions of handrails will not be taken into account in measuring bridge lengths.

Business A corporation, partnership, individual, sole proprietorship, joint venture, or any other legal entity through which commercial activity is conducted.



Calendar Day Every day shown on the calendar, Sundays and holidays included.

Change Order A written order to the Contractor, signed by the Engineer on behalf of the County, ordering a change in Work from that originally shown by the Plans and Specifications that has been found necessary. If the Work is of a nature involving an adjustment of price or time, a Change Order to the Purchase Order shall be executed.

Change Order to the Purchase Order A written authorization to the Contractor duly signed and executed by the Purchasing Agent authorizing the obligation of funds for the change to the Contract, and the modification of the Contract time allowance. The Contractor shall not proceed with the stipulated Work until the Change Order to the Purchase Order is received.

Channel A natural or artificial watercourse.

Chief Engineer The Chief Engineer of the Department of Public Works, or his designee as appropriate.

Construction The process of building, adding, altering, converting, relocating, renovating, replacing, or restoring of real property in which the County has an interest.

Construction Strip An area adjacent to the right-of-way or easement temporarily acquired for the use of the Contractor during the execution of the Work. This area is shown on the Plans for interpretation and clarification of the Plans.

Contingent Item Any item listed in the Contract Documents and included in the Bid for the purpose of obtaining a Contract price. Such bid constitutes tender of an exercisable option to incorporate such items into the Work in accordance with stated terms at bid Contract prices without regard to quantities.

Contract Any agreement entered into by the County for the procurement of supplies, services, construction, or any other items and includes:

1. Awards and notices of award;

2. Contracts of a fixed-price, cost reimbursement, cost-plus-a-fixed-fee, fixed-price



incentive, or cost-plus incentive fee type;

3. Contracts providing for the issuance of job or task orders;

4. Leases;

5. Letter Contracts;

6. Purchase orders;

7. Supplemental agreements with respect to any of these;

8. Orders; and

9. Grants.

Contract does not include:

1. Collective bargaining agreements with employee organizations; or

2. Medical, Medicare, Judicare, or similar reimbursement Contracts for which user eligibility and cost are set by law or regulation.

Contract Bond The approved form of security, executed by the Contractor and his Surety or Sureties, guaranteeing complete execution of the Contract and all Supplemental Agreements pertaining thereto. Contract Bond shall also mean the same as Performance Bond.

Contract Documents The written agreement executed between the County and the successful bidder, covering the performance of the Work and furnishing of labor, equipment and materials, by which the Contractor is bound to perform the Work and furnish the labor, equipment and materials, and by which the County is obligated to compensate him therefore at the mutually established and accepted rate or price. The Contract shall include the Invitation for Bids, Notice to Contractors, Instructions to Bidders, Proposal, Contract Forms and Bonds, General Provisions, Technical Specifications, Standard Details, all special provisions, all technical provisions, all Plans, Addenda, and Notice to Proceed, also any written Change Orders and Supplemental Agreements that are required to complete the construction of the Work in an acceptable manner including authorized extension thereof.

Contract Drawings See definition of "Plans."

Contract Item (Pay Item) An item of Work specifically described and for which a price, either unit or lump sum, is provided. It includes the performance of all Work and the furnishing of all labor, equipment and materials, described herein or described in any Supplemental Specifications or Special Provisions.



Contract Modification Any written alteration in the specifications, delivery point, date of delivery, Contract period, price, quantity, or other provision of any existing Contract, whether accomplished in accordance with a Contract provision, or by mutual action of the parties to the Contract. It includes change orders, extra Work orders, supplemental agreements, Contract amendments, reinstatements, or options/renewals.

Contractor The party of the second part to the Contract; the individual, partnership, firm or corporation undertaking the execution of the Work under the terms of the Contract and acting directly or through his, their, or its agents or employees.

Contract Time or Completion Date The number of calendar days shown in the Proposal indicating the time allowed for the completion of the Work contemplated in the Contract.

In case a calendar date of completion is shown in the Proposal, in lieu of the number of calendar days, such Work shall be completed by that date.

Controlled Access Arterial Highway The term "controlled access arterial highway" shall mean a major thoroughfare of two or more traffic lanes in each direction having the same characteristics as an expressway except that the conflict of cross streams of traffic need not be eliminated at every intersection by means of grade separation structures.

Controlling Operation An operation of either major or minor proportions, which at the particular time under consideration has a controlling effect on the progress of the Project as a whole.

County The term shall mean Anne Arundel County, Maryland, a body corporate and politic.

County Roads The term shall mean any public road in Anne Arundel County excluding those roads in other municipalities and State Roads, title to which, or the easement for the use of which, is vested in a public body and governmental agency by grant, condemnation, dedication, or by operation by law.

Culvert Any structure not classified as a bridge which provides an opening under any roadway.

Day Calendar day unless otherwise designated.



Developer An individual, partnership, corporation, or other non-County entity who, under agreement(s), constructs public improvements that are to be incorporated into the County's systems.

Domestic Manufacture When referring to metallic items such as structural steel, pipe, reinforcement, bridge rails, etc., the term "Domestic Manufacture" is intended to mean those metals whose final alloying has taken place within the confines of the Continental United States.

Drainage Ditch In general, any open watercourse other than gutters, constructed beyond the limits of cut or fill slopes for excavation or embankment, as indicated by the typical section shown on the Plans.

Easement (Right-of-Way) A grant of a right of use of the property of an owner for a certain purpose at the will of the grantee.

Engineer The term shall mean the designated representative of the Chief Engineer, or their duly authorized agents, said agent acting severally within the scope of the particular duties entrusted to him.

Equipment All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the Work.

Expressway The term "expressway" shall mean a major thoroughfare of two or more traffic lanes in each direction, designed to eliminate principal traffic hazards, and shall embrace all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, and other structures, which the County may deem necessary to the operation of the expressway, together with all property, rights, easements, franchises and interests acquired by the County for the construction and operation thereof, and having the following characteristics: (a) a median divider separating opposing traffic lanes to eliminate head-on-collisions and sideswiping; (b) grade separating structures to eliminate the conflict of cross streams of traffic at all intersections; (c) points of access and egress limited to predetermined locations; (d) vertical curves of lengths sufficient to provide long sight distances; and (e) shoulders of widths adequate to permit vehicles to stop or park off traffic lanes.

Extra Work Work which was not provided for in the original Contract.



Extra Work Order A written directive covering extra Work, the performance of said extra Work or furnishing of materials involving extra Work. Such Work may be performed at agreed prices or on a force account basis as provided elsewhere herein.

Federal Agencies Whenever, in these Specifications, reference is made to any Federal agency or officer, such reference shall be deemed made to any agency or officer succeeding in according with law to the powers, duties, jurisdiction, and authority of the agency or officer mentioned.

Fixed-Price Contingent Items These unit prices are established and prescribed by the County to compensate for the cost of Work and materials that may or may not be necessary for the proper completion of the Contract, and the quantities of which are not amenable to reliable quantitative estimating prior to the construction. The fixed-price items are shown on the Proposal with the estimated quantities, fixed-price, and the estimated total cost imprinted prior to the issuance of the Contract Documents to Bidders.

Gutter (As it pertains to roads) Any prepared open watercourse, whether paved or not, constructed inside of the shoulder line in embankment or contiguous to both the shoulder line and the base of the cut slope in excavation sections. For the purpose of clarification of the above definition, a section shall be considered to be embankment when the elevation of the extended shoulder slope is generally at or above the existing ground surface and shall be considered in excavation when the elevation of the shoulder line is below the existing ground surface.

Holidays The following days are recognized as holidays by the County: New Year's Day (January 1); Martin Luther King's Birthday (Third Monday in January); Washington's Birthday (the third Monday of February); Good Friday; Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (and following Friday); Christmas Day (December 25); all days of general and congressional elections (not primary elections) throughout the State; all days designated as legal for State employees by the Governor and approved by the County Executive.

If a legal holiday falls on a Sunday, the following Monday shall be considered a holiday. If a legal holiday falls on a Saturday, the preceding Friday shall be considered a holiday.

Inspector The authorized representative of the Engineer assigned to make detailed inspection of any or all portions of the Work, or materials thereof.



Invitation for Bids Any document, whether attached or incorporated by reference, used for soliciting bids under procurement by competitive sealed bidding and small procurement procedures including requests for quotations.

Invitation for Quotation Invitation for Bids.

Laboratory Any testing laboratory of the County or any other testing laboratory, which may be designated by the County.

Labor and Material Bond See definition for Payment Bond.

Maintenance Bond The approved form of security, executed by the Contractor and his Surety or Sureties, guaranteeing the replacement or repair of any unsatisfactory Work or materials for a required period of time.

Major and Minor Contract Items Major Contract items shall be the original Contract item of greatest cost, computed from the original Contract price and estimated quantity or lump sum price and such other Contract items next in sequence of lower cost, computed in like manner, necessary to show a total cost at original prices and quantities of not less than 60 percent of the original Contract cost, and all other Contract items shall be considered as minor items.

Materials Any substances specified for use in the construction of the Project and its appurtenances.

Minor Structure Includes: catch basins, inlets, manholes, retaining walls, steps, fences and other miscellaneous items.

Notice to Contractors The advertisement for Bids for all required Work or materials. Such advertisement will indicate the location and magnitude of the Work to be done or the character and quantity of the material to be furnished and the time and place of the opening of bids.

Notice to Proceed A written notice to the Contractor of the date on or before which he shall begin the prosecution of the Work to be done under this Contract.



Owner Anne Arundel County.

Payment Bond The approved form of security, executed by the Contractor and his Surety or Sureties, guaranteeing payment to all persons supplying labor and/or materials to the Contractor and to any Subcontractor of the Contractor in the prosecution of the Contract and all Supplemental Agreements thereto. Payment Bond shall also mean the same as Labor and Material Bond.

Performance Bond See definition for Contract Bond.

Person Any individual, business, union, committee, club, or other organization.

Plans The official approved plans, profiles, typical cross sections, Working drawings and supplemental drawings, or exact reproduction thereof which show the location, character, dimension, and details of the Work to be done, and which are to be considered as a part of the Contract supplementary to these Specifications and which are identified as such.

Prime Coat An application of liquid bituminous material.

Profile Grade The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal centerline of the roadbed. Profile grade also means either elevation or gradient of such trace according to the context.

Project The term shall mean the construction, reconstruction, relocation or extension of Anne Arundel County Public Facilities (highway, water, sewer, storm drain, building systems, parks, parking lots, dredging or any combination thereof). Also referred to as Development, Capital or Capital Improvement Project(s).

Proposal The response by an offeror to a solicitation of the County. The response may include but is not limited to an offeror's price and terms for the proposed Contract, a description of technical expertise, Work experience and other information as requested in the solicitation. As used herein the word "proposal" means "bid" and the offer of the Bidder submitted on the prescribed Proposal form to perform the Work and to furnish the labor and materials for the consideration of payment at the unit prices stated and submitted by the Bidder on the prepared Bid Schedule.



Proposal Form The approved form on which the County requires proposals to be set forth and submitted. See also Bid Form.

Proposal Guaranty The security designated in the Proposal to be furnished by the Bidder as a guaranty of good faith to enter into a Contract with the County, if the Work is awarded to him. A Bid Bond or Certified Check is the acceptable methods of providing a Proposal Guaranty.

Punch List Written tabulation of Work remaining to be performed under the Contract, executed change orders, and/or force account directives.

Purchase Order A written official authorization signed by the Purchasing Agent which obligates funds for construction of the Contract.

Questionnaire The approved form or forms upon which the Contractor shall furnish the information as to his ability to perform the Work, his experience in similar Work, the equipment to be used, and his financial condition as related to his ability to finance the Work.

Railroad Grade Separation The term "railroad grade separation” shall mean any overpass or underpass which shall eliminate any railroad grade crossing, and shall embrace the overpass and underpass structure and the approaches thereto, and such entrance plazas, interchanges, connecting highways and other structures which the County may deem necessary in connection therewith, together with all property, rights, easements, franchises and interests acquired by the County for the construction and operation of such railroad grade separation.

Responsible Bidder or Offeror A person who has the capability in all respects to perform fully the Contract requirements, and the integrity and reliability, which shall assure good faith performance.

Responsive Bidder A person who has submitted a bid under procurement by competitive sealed bidding which conforms in all material respects to the requirements contained in the Invitation for Bids.

Right-of-Way The area, which has been acquired and reserved by the County for use in constructing the proposed improvement and appurtenances thereto.



Seal Coat (As it pertains to roads) An application of liquid bituminous material followed by an application of cover coat aggregate.

Setback Line A line established by law, deed restriction or custom, fixing the minimum distance of the exterior face of buildings, walls and any other construction from a street or highway right-of-way line.

Slopes (As it pertains to roads) The graded area beyond the shoulder or curb and extending from the shoulders or curb to the natural undisturbed surface of the ground.

Special Provisions Special directions, provisions or requirements peculiar to the Project and not otherwise thoroughly or satisfactorily detailed or set forth herein.

Specifications The general term comprising all directions, provisions and requirements contained herein, together with such as may be added or adopted as Supplemental Specifications.

Standard Detail Drawings or Standard Details The term shall mean the current edition of the Anne Arundel County Standard Details. The Maryland State Highway Administration Standard Details shall apply if Anne Arundel County does not have a Standard Detail for the particular items of Work.

Standard Specifications A book of Specifications intended for general application and repetitive use.

State The State of Maryland acting through its authorized representative(s).

State Highway System The term "State Highway System" means that system of roads which are from time to time owned by the State and which the State Highway Administration by resolution from time to time designates as State roads to be maintained and operated by the State.

State Road The term "State Road" means any public road included in the State Highway System.



Street A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

Structures Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing manholes, end walls, buildings, sewers, water mains, service pipes, under drains, foundation drains and other features which may be encountered in the Work and not otherwise classed herein.

Subcontractor Any individual partnership, firm, or corporation undertaking the construction of a part of the Work under the terms of the Contract, by virtue of an agreement with the Contractor (or Subcontractor) who, prior to such undertaking, receives the consent of the Surety and the approval of the County. The term "subcontractor(s)" means subcontractors or suppliers at any tier.

Sub-base The layer used in the pavement system between the subgrade and the base course.

Subgrade The material in excavations (cuts), embankments (fills), and/or foundations immediately below the first layer of sub-base, base or pavement or bottom of pipe, foundation, or other structure, and to such depth as may affect the structural design.

Substructure All of that part of the structure below bottoms of bearings of simple and continuous spans, skewbacks of arches and tops of footings of rigid frames, together with the back walls and wing walls.

Superstructure All of that part of the structure above bottoms of bearings of simple and continuous spans, skewbacks of arches and tops of footings of rigid frames, except as noted above for substructure.

Superintendent The executive representative of the Contractor authorized to receive and execute instructions from the Engineer, and who shall supervise and direct the construction.

Supplemental Specifications Additions and revisions to the Standard Specifications. Generally include new or improved procedures, construction items or materials developed subsequent to the publication of Standard Specifications or specific specifications for a specific Contract.



Surety The corporate body bound with and for the Contractor, for the full and complete performance of the Contract, and for the payment of all debts pertaining to the Work. When applying to the Bid Bond, it refers to the corporate body, which engages to be responsible in the execution by the bidder of a satisfactory Contract.

Surface Treatment (As it pertains to roads) The application of one or more seal coats with or without a prime coat.

Titles (or Headings) The titles or headings of the sections and articles herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation.

Traffic Lane The portion of a traveled way for the movement of a single line of vehicles.

Trench An excavation made for the purpose of installing or removing pipes, drains, catch basins, etc., and which is later refilled.

Utilities The term shall mean storm drains, sanitary sewers, water mains, gas mains, electric and telephone lines, television cables, and traffic signal conduits and their appurtenances.

Value Engineering See Value Engineering Incentive - Construction, GP-4.10.

Vendor A supplier of goods and/or materials.

Work Work shall be understood to mean the furnishing of all labor, materials, equipment, and other incidentals necessary to the successful completion of the Project and the carrying out of all the duties and obligations imposed by the Contract.

Working Day A calendar day upon which, in the opinion of the Engineer, weather and soil conditions are such that the Contractor can advantageously Work more than half of his current normal force for more than 5 consecutive hours on a major Contract item then being performed, or the remaining principal Work to be done. No Working days will be charged on: Saturdays, Sundays and County recognized holidays unless Contractor actually Works more than 5 hours thereon.



Working Drawings Stress Sheets, shop drawings, fabrication details, erection plans, plans for false Work, forms centering, cribs, cofferdams and masonry layouts, bending and placing drawings, and bar schedules for reinforcing steel and any other supplementary plans or similar data which the Contractor may be required to furnish.

In order to avoid cumbersome and confusing repetition of expressions in these Specifications, whenever it is provided that anything is, or is to be, or to be done, if, or as, or when, or where "contemplated," "required," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable," "suitable," "unsuitable," "satisfactory," "unsatisfactory," or "sufficient," it shall be taken to mean and intend "contemplated," "required," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "deemed necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable," "suitable," "unsuitable," "satisfactory," "unsatisfactory," or "sufficient" by or to the Engineer (with the approval of the County).

The sub-headings printed in these Specifications are intended for convenience of reference only, and shall not be considered as having any bearing on the interpretation thereof.

GP-1.04 ABBREVIATIONS

AAN American Association of Nurserymen

AAPA American Association of Port Authorities

AAR Association of American Railroads

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

ACSP Asbestos Cement Sewer Pipe

AI Asphalt Institute

AIA American Institute of Architects

AIEE American Institute of Electrical Engineers

AISC American Institute of Steel Construction

AISI American Iron and Steel Institute

ANSI American National Standards Institute

APA American Plywood Association

ARA American Railway Association

AREA American Railway Engineering Association

ASCE American Society of Civil Engineers



ASHRAE American Society of Heating, Refrigeration and Air-Conditioning Engineers

ASLA American Society of Landscaping Architects

ASME American Society of Mechanical Engineers

ASTM American Society for Testing and Materials

ATA American Transit Association

AWG American Wire Gauge

AWPA American Wood Preservers Association

AWWA American Water Works Association

AWS American Welding Society

AGC Associated General Contractors of America

BCCMP Bituminous Coated Corrugated Metal Pipe

BCCMPA Bituminous Coated Corrugated Metal Pipe Arch

B&S Brown and Sharpe Wire Gauge

BOCA Building Officials & Code Administrators International, Inc.

CACP Corrugated Aluminum Culvert Pipe

CIP Cast Iron Pipe

CISP Cast Iron Soil Pipe

CMP Corrugated Metal Pipe

COMAR Code of Maryland Regulations

CRSI Concrete Reinforcing Steel Institute

CSPX Concrete Sewer Pipe, Extra Strength

CSPA Clay Sewer Pipe Association

DIP Ductile Iron Pipe

EEI Edison Electric Institute

EIA Electronics Industries Association

EPA Environmental Protection Agency

FAA Federal Aviation Administration, U.S. Department of Transportation

FCC Federal Communications Commission

FHWA Federal Highway Administration, U.S. Department of Transportation

FRA Federal Railway Administration, U.S. Department of Transportation

FRP Fiberglass Reinforced Plastic



FSS Federal Specifications and Standards, General Services Administration

FTA Federal Transit Administration, U.S. Department of Transportation

HDPE High Density Polyethylene

HI Hydraulic Institute

IEEE Institute of Electrical and Electronic Engineers

IES Illuminating Engineers Society

IPCEA Insulated Power Cable Engineers Association

IRT Institute for Rapid Transit

ITE Institute of Transportation Engineers

MBMA Metal Building Manufacturers' Association

MIL Military Specification

MSMT Maryland Standard Method of Test (as developed by the State Highway Administration)

MUTCD Manual on Uniform Traffic Control Devices

NBFU National Board of Fire Underwriters

NBS National Bureau of Standards

NEC National Electric Code

NEMA National Electrical Manufacturers' Association

NFPA National Fire Protection Association

OSHA Occupational Safety and Health Administration

PB Polybutylene

PCA Portland Cement Association

PCCP Prestressed Concrete Cylinder Pipe

PE Polyethylene

PTSP Plastic Truss Sewer Pipe

PVCP Polyvinyl Chloride Pipe

RCSP Reinforced Concrete Sewer Pipe

RCCP Reinforced Concrete Culvert Pipe

RLMI Reflector and Lamp Manufacturers' Institute

RPM Reinforced Plastic Mortar

SAE Society of Automotive Engineers

SAWP Society of American Wood Preservers



SHA Maryland Department of Transportation, State Highway Administration

SSPC Steel Structures Painting Council

TCP Traffic Control Plan

UCPX Unglazed Clay Pipe, Extra Strength

ULI Underwriters' Laboratories, Inc.

USSG United States Standard Gauge

USSWG United States Steel Wire Gauge

VE Value Engineering

VECP Value Engineering Change Proposal

END OF SECTION

GP-2

BIDDING REQUIREMENTS AND CONDITIONS

GP-2-1 of 6


GP-2

BIDDING REQUIREMENTS AND CONDITIONS

GP-2.01 NOTICE TO CONTRACTORS (ADVERTISEMENT) After the date is fixed for the letting of Work, the County will give notice of such letting to Contractors. The Notice to Contractors, which will be published as an advertisement, will contain a description of the proposed Work, the time and place where Sealed Proposals will be received, together with information regarding access to Information to Bidders, Proposal, Bid Bond, Plans and Specifications, the price of these documents, and the reservation of the right of the County to reject any or all bids.

The County will estimate the cost of the Contract and classify it as falling within one of a series of cost groups as follows:

Up to $100,000 $100,000 to $250,000 $250,000 to $500,000 $500,000 to $1,000,000 $1,000,000 to $1,500,000 $1,500,000 to $2,000,000 $2,000,000 to $3,000,000 above $3,000,000

The cost group will be published as part of the advertisement.

GP-2.02 PROPOSAL CONTENTS The Proposal shall describe the location and type of Work contemplated by the Contract and include a listing of pay items. Where pay items are unit price items, the Proposal will further show the approximate estimate of quantities expected to occur in such unit price items.

The Proposal will also set forth the place, date and time of opening bids, the requirements for a Bid Bond or Certified Check, and the time to be allowed for completing the Contract. The County will charge a sum for each set of Contract Documents. The amount of such charge will be set forth in the Notice to Contractors, (Advertisement). The sum charged for Proposals and the Plans is not refundable.

The Notice to Contractors, Pre-Bidding Conference Data, Information to Bidders, 2 sets of Proposal Forms, Contract Forms, Performance Bond Forms, Labor and Material Bond Forms, Corporate Resolution Forms; and two sets each of Experience and Equipment Certificates, affidavits, Bid Bonds, and Lists of Subcontractors and Equipment Suppliers, as appropriate; and all other papers included in, bound thereto, or attached to the Proposal are necessary parts thereof and shall not be altered in their intent or content.

The Plans, these Standard Specifications, Standard Details, Special Provisions, Referred-to Specifications, Addenda, and other documents so designated will be considered a part of the Proposal whether attached thereto or not.

BIDDING REQUIREMENTS AND CONDITIONS GP-2-2 of 6


GP-2.03 INTERPRETATION OF QUANTITIES IN BID SCHEDULE The quantities appearing in the prepared Bid Form are approximate only and are prepared for the canvassing of Bids. Payment to the Contractor will be made only for the actual quantities of Work performed or materials furnished in accordance with the Contract. It is understood that the scheduled quantities of Work to be done and materials to be furnished may each be increased, diminished or omitted without in any way invalidating prices bid, except as hereinafter provided.

GP-2.04 SITE INVESTIGATION The Contractor acknowledges that he has investigated and satisfied himself as to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory Work done by the County, as well as from information presented by the drawings and specifications made a part of this Contract. Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the Work. The County assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the County.

GP-2.05 QUESTIONS REGARDING CONTRACT DOCUMENTS 2.05.1 In general, no answer will be given to prospective bidders in reply to an oral question if

the question involves an interpretation of the intent or meanings of the Plans or other Contract Documents, or the equality or use of products or methods other than those designated or described on the drawings or in the specifications. Any information given to bidders, other than by means of the Plans and other Contract Documents, including addenda as described below, is given informally for information and the convenience of the bidder only, and is not guaranteed. The bidder agrees that such information shall not entitle him to assert any claim or demand against the County or the Engineer on account thereof.

2.05.2 Prior to the receipt of bids, the County may conduct a Pre-Bid Conference to accept questions and/or comments from prospective bidders on Plans, Special Provisions, Specifications, Rights-of-Way, or other Contract Documents. No answers or direction other than of a general nature will be offered by the County at this conference, rather the County may make such changes or clarifications as it may deem necessary and issue an addenda as provided for herein.

If the question involves the equality or use of products or methods, the prospective bidder shall submit drawings, specifications, or other data in sufficient detail to enable the Engineer to determine the equality or suitability of the product or method. In general, The Engineer will neither approve nor disapprove particular products prior to the opening of



bids; such products will be considered when offered by the Contractor for incorporation into the Work.

2.05.3 The Engineer will set forth as addenda, which shall become a part of the Contract Documents, such questions received as above provided as in his sole judgment are appropriate or necessary, and his decision regarding each. At least five calendar days prior to the receipt of bids, he will send a copy of these addenda to those prospective bidders known to have taken out sets of the drawings and other Contract Documents.

Should one or more addenda be issued during the bidding period of the Contract, a certification of receipt will accompany such addenda. All certification of receipts shall be signed by the bidder and accompany his proposal form, otherwise the Proposal may not be accepted.

GP-2.06 TAXES-RESPONSIBILITY FOR PAYMENT, EXEMPTIONS, FORMS TO BE FILED, ETC.

The Contractor is responsible for and by submitting a bid agrees to pay all retail sales, income, real estate, sales and use, transportation and special taxes applicable to and assessable against any materials, equipment, processes and operations incident to or involved in the improvement. The Contractor is responsible for ascertaining and acquainting himself with such taxes and making all necessary arrangements to pay same.

GP-2.07 PROPOSAL PREPARATION 2.07.1 The Bidder shall submit his Proposal only upon the blank form(s) furnished. The Bidder

shall specify a price in dollars and cents, in both words and figures, for each pay item given (except that optional alternates may be omitted) and shall show the products of the respective unit prices and quantities written in figures in the column provided for that purpose, together with the total amount of the Proposal obtained by adding the amount of the several items.

2.07.2 The Proposal Form(s) shall be filled out in ink or typed. The Proposal, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, shall be signed by such member or members of the partnership as have authority to bind the partnership; if submitted by a corporation, the same shall be signed by an officer and attested by the corporate secretary or an assistant corporate secretary; if submitted by a joint venture, the same shall be signed by such member or members of the joint venture as having authority to bind the joint venture. If not signed by an officer, as aforesaid, there must be attached a copy of that portion of the Bylaws or copy of a Board resolution, duly certified by the corporate secretary, showing the current authority of the person so signing on behalf of the corporation. In lieu thereof, the corporation may file such evidence with the County, duly certified by the corporate secretary, together with a list of the names of those officers having authority to execute documents on behalf of the corporation, duly certified by the corporate secretary, which listing shall remain in full force and effect until such time as the County is advised in writing to the contrary. In any case where a Proposal is signed by an Attorney in Fact, the same must be accompanied by a copy of the appointing document, duly certified.



2.07.3 Bidders must not change any item in the Proposal for which a price has been stipulated by the County. Any change will be cause for possible rejection of the Proposal.

2.07.4 The completed Proposal Forms must be submitted in duplicate.

GP-2.08 PROPOSAL GUARANTY No Proposal will be considered unless accompanied by a guaranty, of the character and in an amount not less than the specific dollar value or required percentage indicated in the Proposal Form, and made payable to Anne Arundel County, Maryland.

GP-2.09 PROPOSAL DELIVERY Each Proposal must be submitted in a sealed envelope plainly marked to indicate its contents.

When sent by mail, the sealed Proposal must be addressed to the County at the address and in care of the official in whose office the Bids are to be received. All Proposals shall be filed prior to the time and at the place specified in the Notice to Contractors. Proposals received after the time for opening of bids will be returned to the bidder unopened.

GP-2.10 PROPOSAL MODIFICATIONS AND WITHDRAWALS Notice of withdrawal or modifications to Proposals shall be filed prior to the time and at the place so specified in the Notice to Contractors. A notice of withdrawal or modification to a Proposal must be signed in accordance with the requirements of GP-2.07.2.

No withdrawal or modifications shall be accepted after the time for opening of Proposals.

GP-2.11 COMBINATION PROPOSALS If the County so elects, Proposals may be issued for Projects in combination and/or separately, so that Proposals may be submitted either on the combination or on separate units of the combination. The County reserves the right to make award on combination Proposals to the best advantage of the County. No combination Proposals other than those specifically set up in the Proposals by the County will be considered. Separate Contracts shall be written for each individual Project included in the combination.

GP-2.12 PUBLIC OPENING OF PROPOSALS Proposals will be opened publicly and read at the hour, on the date and at the place set forth in the Proposal and in the Notice to Contractors.

Only Proposal totals will be publicly read at the Opening of Proposals. Unit prices will be made available after verification by the County.

GP-2.13 IRREGULAR PROPOSALS 2.13.1 When at any Public Opening of Proposals a Proposal appears to be irregular, as herein

specified, this fact shall be announced when read. Said Proposal shall be read as other Proposals and then referred to the Legal Staff of the County for consideration and appropriate action thereon in accordance with these Specifications.



2.13.2 Pending legal review, any Proposal having, but not necessarily limited to, one or more of the following faults shall be considered irregular:

A. if the Proposal Form furnished by the County is not used or is altered;

B. if not prepared as directed in GP-2.07;

C. if there is an omission of a necessary word(s) or numeral(s) required to make a price unmistakably clear, as well as any other omission; or addition of item(s) not called for;

D. failure to include a price for each item set up except in the case of designated alternate pay item(s) or contrary to the conditions of the advertisement;

E. if there are additions, conditions or unauthorized alternate Proposals, unless prior to the date set for the opening of said Proposals, the County notifies, in writing, all bidders to whom such Proposals have issued that such changes will be permitted;

F. if the Bidder adds any provisions reserving the right to accept or reject the award;

G. if all the required Proposal certifications and/or documents specified in GP-2.02 are not duly executed and submitted with the Proposal;

H. if there is a failure to acknowledge all Addenda issued.

GP-2.14 PROPOSAL REJECTION 2.14.1 A Proposal opened and read at any Opening of Proposals may be subsequently rejected if

found to be irregular for any of the reasons specified in GP-2.13.2.

2.14.2 A Proposal opened and read at any Opening of Proposals will be subsequently rejected if there is found to be interest by the same individual, partnership, firm or corporation in more than one Proposal on a Contract, except that any individual, partnership, firm or corporation may have an interest in a Contract as a Bidder and also be named in Proposals with other Bidders as a Subcontractor.

2.14.3 The County may question any Proposal when one or more of the following conditions are present or are indicated. In such instance, the County may give the Bidder(s) in question a hearing upon the request of the Bidder. The hearing will be conducted by the County Procurement Officer, or his duly authorized representative. After such hearing, the County reserves the right to reject any proposal for any one or more of the following reasons if, in the judgment of the County, the best interest of the County will be promoted thereby:

A. the unit prices contained in a Proposal are materially unbalanced;

B. evidence of collusion among Bidders;

C. obvious lack of experience, inadequate machinery, plant or other equipment as revealed by supplemental information which may be required to be submitted by the Contractor and provided for elsewhere in the Contract Documents;

D. Contractor's Workload which, in the judgment of County might hinder or prevent the prompt completion of the subject Work if awarded;



E. default by the Bidder on other Contracts awarded by other governmental agencies;

F. failure to pay or satisfactorily settle all reasonable and just bills due for labor and material on former Contracts in force at time of letting;

G. if a firm or individual is barred from Federal, State, County or local government bidding.

GP-2.15 MATERIAL GUARANTY Before any Contract is awarded, the Bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the construction of the Work together with samples, which samples may be subjected to the test provided for in these Specifications to determine their quality and fitness for the Work.

END OF SECTION

GP-3

AWARD AND EXECUTION OF CONTRACT

GP-3-1 of 3


GP-3

AWARD AND EXECUTION OF CONTRACT

GP-3.01 PROPOSAL CONSIDERATION After Proposals have been publicly opened and read, they will be audited for mathematical accuracy and reviewed to determine that there are no irregularities as outlined in GP-2.13 and GP-2.14. Upon completion of the aforementioned audit and review, the results will be made available to the public. In the event of a discrepancy between the unit bid prices and the extensions (product of quantity and unit price), the unit price will govern. In the case of discrepancy between prices written in words and those written in figures, the written words will govern. In the event that the unit price is not included, the unit price shall be the extended (price divided by the quantity).

The right is reserved to reject any or all Proposals, if in the judgment of the County, the best interests of the County will be promoted thereby.

The right is also reserved to waive technicalities in construing the regularity of Proposals submitted by Contractors provided the technicality so waived does not change the meaning, substance or intent of the Proposal and the Proposal remains unmistakably clear as to its intent and meaning. The requirements to have the Proposal accompanied by a Proposal Guaranty and the provisions of GP-2.07.2 are not subject to waiver.

GP-3.02 AWARD OF CONTRACT The award of the Contract, if it be awarded, will be to the lowest, responsive, responsible Bidder who’s Proposal complies with all of the prescribed requirements.

Prior to award, the County will notify the lowest successful Bidder within ninety (90) calendar days after opening of the Proposals, which shall constitute the County's acceptance of this bid price, by mailing the Contract Documents, Performance Bond Forms, Labor and Material Bond Forms. These forms must be fully completed and returned within ten (10) calendar days after date of receipt by the Contractor.

The successful Bidder will be notified, by letter mailed to the address shown on his Proposal, that he has been awarded the Contract. This letter will include the Contract Documents executed by the County and the Purchase Order signed by the County Purchasing Agent, which is the official statement that the obligation of funds for construction have been authorized. No successful Bidder shall withdraw his bid prior to award unless he has not been advised of acceptance within ninety (90) calendar days.

Subcontractors named in the Proposal will be considered to have approval of Surety when the Performance Bond and Labor and Material Bond are executed and will be considered approved by the County upon award of the Contract.

Additional subletting will be permitted within the limits of the Specifications when Subcontractors are proposed following the award of the Contract. Requests for subletting by a Contractor must be accompanied by a consent of Surety for each Subcontractor requested. In all Contracts jointly bid, all Contractors will be held jointly and severally responsible for the performance of the entire Contract.

AWARD AND EXECUTION OF CONTRACT GP-3-2 of 3


GP-3.03 PROPOSAL GUARANTY RETURN All proposal guaranties will be returned upon request, if the bidder is not one of the three lowest bidders. The guaranty of the second and third Bidder will be returned within (10) calendar days following the award of Contract. The guaranty of the successful Bidder will be returned after all bonds have been furnished and the Contract has been executed.

GP-3.04 CONTRACT BOND REQUIREMENTS (PERFORMANCE BOND) The successful Bidder shall, no later than the time the Contract is executed, furnish a Performance Bond or Bonds in a sum equal to the total amount of the Contract. The form of the Bonds and/or other forms of security shall be acceptable to the County. The name of the underwriting agency for said bond shall be shown thereon.

GP-3.05 PAYMENT BOND REQUIREMENTS (LABOR AND MATERIAL BOND) The successful Bidder shall, no later than the time the Contract is executed, furnish a Payment Bond or Bonds in the sum equal to not less than 50 percent of the total amount of the Contract. The form of the Bonds and/or other forms of the security shall be acceptable to the County. The name of the underwriting agency for said bond shall be shown thereon.

The Contractor, prior to receiving a progress or final payment, shall certify in writing to the Engineer that the Contractor has made payment from proceeds of prior payments, and that the Contractor will make timely payments from the proceeds of the progress or final payment then due, to the subcontractors and suppliers in accordance with the contractual arrangements between them.

GP-3.06 CONTRACT EXECUTION The Contract shall be signed by the successful Bidder and returned, together with the Performance Bond and Labor and Material Bond within ten (10) calendar days after receipt by the said Bidder. No Contract shall be considered as effective until it has been executed by all parties thereto. Note that a separate form will be used for the actual executing of the Contract. It will include a duplicate of the Proposal submitted as the bid. It shall be further understood and agreed that all Specifications as well as Special Provisions attached to the Proposal Form used in submitting bids and all approved drawings are parts of the Contract and shall be considered in full force and effect even though not included in and/or attached to the separate form used in actual executing of a Contract.

If the lowest responsible Bidder is not notified of the County's acceptance of his bid within ninety (90) calendar days after the bid opening or as specified otherwise in the Proposal, the Contractor shall have the right to withdraw his bid without penalty.

GP-3.07 FAILURE TO EXECUTE CONTRACT Failure to execute the Contract and file acceptable Bonds within the time aforesaid shall be just cause not to award, and the Proposal Guaranty shall be forfeited and the proceeds will become the property of the County, not as a penalty but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder, or the work may be readvertised and constructed under Contract or otherwise, as the County may decide.

AWARD AND EXECUTION OF CONTRACT GP-3-3 of 3


GP-3.08 COMMUNICATIONS WITH BIDDERS AND CONTRACTORS The mailing, in a United States post office box, of any written communication, notice or order, addressed to a prospective Bidder or the Contractor at the business address filed with the County or to his office at the site of the work, shall be considered as sufficient service upon the Contractor of such communication, notice or order, and the date of said service shall be the date of such mailing.

END OF SECTION

GP-4

SCOPE OF WORK

GP-4-1 of 9


GP-4

SCOPE OF WORK

GP-4.01 CONTRACT INTENT The Contractor shall (within specified tolerances) perform all work in accordance with the lines, grades, typical cross sections, dimensions and other data shown on the Plans or as modified by written orders, including the furnishing of all materials, implements, machinery, equipment, tools, supplies, transportation, labor and all other things necessary to the satisfactory prosecution and completion of the project in full compliance with the Contract requirements.

In the event that any material to be furnished by the Contractor is not available in the time it is required and will retard progress of the work, the County may or may not furnish such material on a loan basis to the Contractor. In any case, the Contractor shall furnish evidence to the County that all effort has been made by him to procure the material on time.

It shall be the Contractor's responsibility to obtain this material from the source designated by the Engineer. The Contractor shall examine and inspect all borrowed material before loading and he shall be responsible for the material after it is taken from the designated source. All material borrowed by the Contractor shall be replaced by him in accordance with the terms of the loan.

GP-4.02 CONTRACT DOCUMENT DISCREPANCIES In the event the Contractor discovers any discrepancies in the Contract Documents, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Contract.

These General Provisions, the Plans, Specifications, all Addenda, and supplementary documents are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be a complementary and to describe and provide for a complete work.

In resolving conflict, error or discrepancies within the Contract Documents, the Contract Documents shall be given precedence in the following order (Change Orders, highest precedence; Pre-Construction Conference, lowest precedence):

Change Orders Addenda Federal and/or State Requirements Permits, Right-of-Way Agreements Special Provisions of Specifications General Provisions (Anne Arundel County) Drawings Standard Specifications Standard Details Proposal Contract Notice to Contractors Pre-construction Conference

SCOPE OF WORK GP-4-2 of 9


In the event that conflicts, errors and discrepancies are not resolved by the Contract Documents' order of precedence, such as a dimension opposed to a scaled distance, when both occur on a drawing, the more restrictive provision or accurately indicated detail as decided by the Engineer, shall govern. In the example given, the written figures shall govern over the scaled dimension.

GP-4.03 CONSTRUCTION PLANS AND SPECIFICATIONS TO SUCCESSFUL BIDDER The successful Bidder on each Contract advertised by this County will be provided, upon award, five sets of Plans and Specifications free of charge. Any additional sets required by the Contractor may be purchased at the price noted in Notice to Contractors.

GP-4.04 CONTRACTOR COOPERATION The Contractor will keep available on the project site at all times one complete set of Contract Documents.

The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and his Inspectors in every way possible.

The Contractor shall assign to the contract as his 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 Engineer or his authorized representatives. The superintendent shall have full authority to execute the orders or directions of the Engineer 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.

If in the opinion of the Engineer, the superintendent assigned to the contract does not perform his work in a proper manner or is intemperate or disorderly, the superintendent, at the written request of the Engineer, shall be removed forthwith by the contractor or subcontractor employing such superintendent, and the person shall not be employed again on any portion of the work without approval of the Engineer.

Should the Contractor fail to remove such person or persons as required above, or fail to furnish suitable personnel as required, the Engineer may withhold payments which are or may become due under the Contract until a satisfactory understanding has been reached.

GP-4.05 UTILITIES It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for normal delays, inconvenience, or damage sustained by him due to any interference from the said utility appurtenances or the operation of moving them.

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 results. All damage to utility facilities caused by the Contractor's operations shall be the responsibility of the Contractor.



The Contractor shall be responsible for all temporary service arrangements and charges provided by Baltimore Gas and Electric Company Service and the Telephone Company, including those incurred during the time interval between the installation of permanent services and the conditional acceptance of the Anne Arundel County Facilities constructed under the Contract. The Contractor shall ensure that such arrangements are timely so as to not delay his schedule of construction. Until conditional acceptance by the Anne Arundel County of the facility under construction, the Contractor shall be responsible for all charges for electrical power consumption and/or telephone service, including those incurred during the time interval between the installation of the permanent electric or telephone service and the conditional acceptance of the facility. The Contractor shall indemnify the County against any costs of repair to the permanent service installations made necessary by negligence of the Contractor and/or his subcontractors.

The Contractor shall notify the Department of Public Works Traffic Engineering Division ten working days prior to the placing of any sub-base materials on roads in order that the County may schedule traffic signal installation work so as not to delay the Contractor.

It will be the County's duty to issue appropriate purchase orders to all utility companies, all pipeline owners or other parties affected, and to endeavor to have all necessary adjustments made of the public or private utility fixtures, pipelines and other appurtenances within or adjacent to the limits of construction in a timely manner.

Gas lines, valves, and meter boxes; electric, telephone, fiber optics and TV cables and cable-ways; and all other non County owned utility appurtenances within the limits of the proposed construction are to be moved at County expense, unless done so for the convenience of the Contractor and/or his construction procedures, except as otherwise provided for in the Special Provisions as noted on the plans.

The Contractor shall be responsible for contacting and coordinating the work of these private utilities.

Relocation of water mains and service, sewers, storm drains, traffic signal appurtenances (poles, cabinets, detectors, conduit, cables, etc.) and other County owned utilities will be performed at the Contractor's expense.

GP-4.06 UNAUTHORIZED WORK 4.06.1 Any work which may be done by the Contractor prior to receipt of the Notice to Proceed;

work beyond, contrary to, or regardless of the instructions of the Engineer; work done beyond the lines and grades shown on the Plans, or as given; or any extra work done without written authority will be considered as unauthorized and at the expense of the Contractor and will not be measured or paid for. Work so done may be ordered removed and/or replaced at the Contractor's expense.

4.06.2 Borrow or any other materials shall not be obtained from areas adjacent to the work for incorporation therein without written approval by the Engineer, and in no event shall the removal of materials be such as to detract from the uniformity and neatness of the improvements. All materials obtained contrary to the above restriction shall be considered unauthorized and shall not be measured or paid for, and further, upon order of the Engineer, in writing, all such materials shall be removed from the limits of the work.



GP-4.07 VARIATIONS IN ESTIMATED QUANTITIES Certain Contract items may be designated in the Contract as "major items." Where the quantity of a major pay item as designated in the Proposal and this Contract is an estimated quantity and where the actual quantity of such pay item varies more than 25 percent above or below the estimated quantity stated in this Contract, an equitable adjustment in the Contract price shall be made upon demand of either party. The equitable adjustment shall apply only to that quantity above 125 percent of the estimated quantity or that quantity below 75 percent of the estimated quantity.

GP-4.08 CHANGES 4.08.1 The Engineer may, at any time, without notice to the sureties, if any, by written order

designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:

A. In the Specifications (including Plans and designs);

B. In the method or manner of performance of the work;

C. In the County furnished facilities, equipment, materials, services, or site; or

D. Directing acceleration in the performance of the work; or

E. A change of more than 25 percent in the quantity for any Contract item

4.08.2 Any other written order or an oral order (which terms as used in this paragraph shall include direction, instruction, interpretation or determination) from the Engineer which causes any such change, shall be treated as a change order under this clause, provided that the Contractor gives the Engineer written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a Change Order.

4.08.3 Except as herein provided, no order, statement, or conduct of the Engineer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder.

4.08.4 If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this Contract, whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. Provided, however, that except for claims based on defective specifications, no claim for any change under 4.08.2 above shall be allowed for any cost incurred more than 20 days before the Contractor gives written notice as therein required. And provided further, that in the case of defective specifications for which the County is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with such defective specifications.

4.08.5 If the Contractor intends to assert a claim for an equitable adjustment under this clause, he shall, within 30 days after receipt of a written Change Order under 4.08.1 above or the furnishing of written notice under 4.08.2 above, submit to the Engineer a written statement setting forth the general nature and monetary extent of such claim and any requested time extension unless this period is extended by the County. The statement of claim hereunder may be included in the notice under 4.08.2 above.



4.08.6 No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract.

4.08.7 If the Engineer deems it to be in the interest of the County to proceed with the work due to an emergency situation or because the nature of the extra work is critical to the progress of this or other contracts, he may issue written orders to proceed during negotiations. The Contractor shall not proceed with the extra work unless he receives a written order to precede, a change order to the Purchase Order, or he is directed to perform the work under force account arrangements.

GP-4.09 DIFFERING SITE CONDITIONS 4.09.1 The Contractor shall promptly, and before such conditions are disturbed, notify the

Engineer in writing of:

A. subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents;

or

B. unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

The Engineer shall promptly investigate the conditions; and if he finds that such conditions do materially so differ and may be the cause of an increase or decrease in the Contractor's cost of, or in the time required for performance of any part of the work under this Contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Contract modified in writing accordingly.

4.09.2 No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in GP-4.09.1.

4.09.3 No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract.

GP-4.10 VALUE ENGINEERING INCENTIVE - CONSTRUCTION

4.10.1 Applicability

This provision is applicable only if the Contract price is $100,000 or more. This clause applies to any Contractor developed, prepared, and submitted Value Engineering Change Proposal (VECP).

4.10.2 Definitions

Contractor's development and implementation costs - Those costs incurred on a VECP before County acceptance and those costs the Contractor incurs specifically to make the changes required by County acceptance of a VECP.

County costs - Those County costs that result directly from developing and implementing the VECP and any net increases in the cost of testing, operations, maintenance, and



logistic support. They do not include the normal administrative costs of processing the VECP.

Instant Contract savings - The estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, minus allowable Contractor's development and implementation costs (including subcontractor's development and implementation costs). (See GP-4.10.7.)

Value Engineering Change Proposal (VECP) - A Proposal that:

A. requires a change to this, the instant Contract, to implement;

and

B. results in reducing the Contract price or estimated cost without impairing essential functions or characteristics, provided that it does not involve a change in deliverable end-item quantities only.

4.10.3 VECP Preparation

As a minimum, the Contractor shall include the information described below in each VECP:

A description of the difference between the existing Contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and the effect of the change on the end item's performance.

A list of the Contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.

A separate, detailed cost estimate for both the affected portions of the existing Contract requirement and the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts and estimate of costs the County may incur in implementing the VECP, such as test and evaluation and operating and support costs.

A projection of any effects the proposed change would have on collateral costs to the County.

A statement of the time by which a Contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the Contract completion time or delivery schedule.

Identification of any previous submissions of the VECP, including the dates submitted, the agencies and Contract numbers involved, and previous County actions, if known.

4.10.4 Submissions

Contractor shall submit VECP's to the Engineer. The Engineer shall notify the Contractor of the status of the VECP within 45 calendar days after the Engineering office receives it. If additional time is required because of extenuating circumstances, the Contractor shall be notified within the 45-day period and provided the reason for the delay and the expected date of the Engineer's decision. VECP's shall be processed



expeditiously; however, the County shall not be liable for any delay in acting upon a VECP.

If the VECP is not accepted, the Engineer shall provide the Contractor written notification fully explaining the reasons for rejection. The Contractor may withdraw, in whole or in part, any VECP not accepted by the County within the period specified in the VECP. The Engineer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort.

4.10.5 Acceptance

Any VECP may be accepted in whole or in part by the Engineer's award of a modification to this Contract citing this clause. The Engineer may accept the VECP, even though an agreement on price reduction has not been reached, by issuing the Contractor notice to proceed with change. Until a notice to proceed is issued or a Contract modification applies a VECP to this Contract, the Contractor shall perform in accordance with the existing Contract. The Engineer's decision to accept all or part of any VECP shall be final and not subject to appeal.

4.10.6 Sharing

A. Rates - The Contractor's share of savings is determined by subtracting Government costs from instant contract savings and multiplying the result by 55 percent for fixed-price and unit price contracts and 25 percent for cost-force account work.

B. Payment - Payment of any share due the Contractor for use of a VECP on this Contract shall be authorized by a modification to this Contract to:

(1) accept the VECP;

(2) reduce the Contract price or estimated cost by the amount of instant contract savings; and

(3) provide the Contractor's share of savings by adding the amount calculated in GP-4.12.6A to the Contract price or fee.

4.10.7 Subcontracts

The Contractor shall include appropriate VE clauses in any subcontract of $50,000 or more and may include them in subcontracts of lesser value. To compute any adjustment in the contract price under GP-4.12.6, the Contractor's VECP development and implementation costs that clearly result from the VECP shall be included, but shall exclude any VE incentive payments to subcontractors. The Contractor may choose any arrangement for subcontractor VE incentive payments, provided that these payments are not made from the County's share of the savings resulting from the VECP.

4.10.8 Data

The Contractor may restrict the County's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts:

"These data, furnished under the Value Engineering Incentive-Construction clause of Contract _____, shall not be disclosed outside the County or duplicated, used, or



disclosed, in whole or in part, for any purpose other than to evaluate a VECP submitted under the clause. This restriction does not limit the County's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations."

If a VECP is accepted, the Contractor hereby grants the County unlimited rights in the VECP and supporting data.

4.10.9 Cost Computation VIS-A-VIS Subcontractors

In computing the instant contract savings to the Contractor (ICS), under "Value Engineering Incentive," there shall not be taken into consideration any Value Engineering incentive payments which the Contractor may make to subcontractors, i.e., such amounts will not be deemed a development and implementation cost at any tier.

GP-4.11 STRUCTURE AND OBSTRUCTION REMOVAL AND DISPOSAL All fences, buildings, structures, materials, encumbrances of any character including pipes, or resources within the limits of the work which are not to remain in place or have not been designated for use in the construction shall be disposed of by the Contractor unless otherwise specified, indicated on the Plans, or approved by the Engineer.

Payment for this work shall be made under the pay items identified for such work in the Proposal. If an item is not included in the Proposal, it shall be considered as incidental to and included in other items.

GP-4.12 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK The Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material determined suitable by the Engineer, as may be found in the excavation.

In the event these materials are used and meet the pertinent materials specifications, payment for these work items will only be made at the price for the class of excavation from which the materials are obtained.

In the event these materials are processed through a crushing, screening, washing or sorting plant for use as another pay item, the Contractor will be paid both for the excavation of such materials at the Contract price and at the Contract price for which the materials is used. He shall replace at his own expense with other acceptable material all of that portion of the excavation material so removed and used which was needed for use in the embankments, backfills, and approaches or otherwise. No charge for materials so used will be made against the Contractor.

The Contractor shall not excavate or remove any material from within project limits, which is not within the excavation, as indicated by the Plans, without written authorization from the Engineer.

GP-4.13 FINAL CLEAN UP Upon completion of the work specified in the Contract and before conditional acceptance and final payment will be made, the construction area and all other adjoining areas (other than those owned by the Contractor) occupied by the Contractor during the construction of said Contract shall be cleaned of all surplus and discarded materials, spilled materials, excess materials left deposited on the permanent work as a result of the Contractor's operations, false work, rubbish and temporary structures and



buildings that were placed thereon by the Contractor. The adjoining areas mentioned above, outside the normal pay limits for seeding, will be reshaped, seeded and mulched, or otherwise restored in a condition equal to or better than originally existed, or as directed by the Engineer at the Contractor's expense.

END OF SECTION

GP-5

CONTROL OF WORK

GP-5-1 of 13

GP-5

CONTROL OF WORK

GP-5.01 AUTHORITY OF THE ENGINEER

5.01.1 The Engineer 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.

5.01.2 The Engineer shall determine the amount and quantity of Work performed and materials, which are to be paid for under the Contract.

5.01.3 The Engineer 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.

5.01.4 Engineer shall have the authority to suspend the Work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out orders; for such periods as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of the Work; or for any other condition or reason deemed to be in the public interest.

GP-5.02 COMMUNICATIONS WITH THE CONTRACTOR

The mailing, in a United States post office box, of any written communication or order, addressed to the Contractor at his business address filed with the County or to his office at the site of the Work, shall be considered as sufficient service upon the Contractor of such communication, notice, or order and the date of said service shall be the date of such mailing.

GP-5.03 WORKING DRAWINGS

The approved Plans will be supplemented by such working drawings as are necessary to adequately control the Work. It is mutually agreed that all authorized alterations affecting the requirements and information given on the approved Plans shall be in writing and approved by the Engineer. When at any time reference is made to the Plans, the interpretation shall be the Plans as affected by all authorized alterations then in effect. Contractor shall provide at his expense all necessary and required working drawings and shall have them adequately checked, after which they shall be submitted to the Engineer for review. The Engineer may reject or prove such drawings and return them for revisions, in which case the Contractor shall submit new additional or revised drawings as required. No items involving such drawings shall be incorporated in the Work until those drawings have been accepted for use by the Engineer, but such acceptance shall not relieve the Contractor of any responsibility in connection therewith.

All working drawings shall be prepared in accordance with current County Standards.


CONTROL OF WORK GP-5-2 of 13

GP-5.04 SHOP DRAWINGS

5.04.1 General

The Contractor shall submit to the Engineer the specified number of copies of shop drawings for approval. At the time of submission the Contractor shall call to the Engineer's attention, in writing, any deviations that the shop drawings may have from the requirements of the Plans and Specifications. All shop drawings shall be submitted with an Index and a cover letter for approval within the time frame specified.

5.04.2 Submittals

The Contractor shall submit the shop drawings with a cover letter marked as either "Submitted as Specified" or "Submitted as Equal to Specified."

Each shop drawing submission shall cover only one specification section, which shall be identified in the cover letter. Each copy of the shop drawings shall be marked to identify all options or features the equipment will contain.

All shop drawings, regardless if "Submitted as Specified" or "Submitted as Equal to Specified," shall be furnished with complete, specific, detailed information from the manufacturer or supplier of the material or equipment the Contractor proposes to furnish, in which the requirements of the Specifications are clearly shown to be met. This shall include a point-by-point comparison with the detail requirements of the Specifications.

Where any article is specified by trade name or name of manufacturer with or without the clause "or equal", it is intended to establish the quality of the article. If the Contractor proposes to use material or equipment of another manufacturer as an "or equal" to materials or equipment specified, all shop drawings shall conform to the following requirements, conditions, and procedure:

Substitution of equipment or materials other than those specified will be considered, providing, in the opinion of the Engineer, such equipment or material is equal to, or better than that specified. The decision of the Engineer with respect to approval or disapproval of any material or equipment proposed to be substituted as an "or equal" is final. The Contractor shall have no claim of any sort by reason of such decision.

If the Contractor proposes to substitute materials or equipment as "or equal" to those specified, it shall be his responsibility to furnish, in addition to the information discussed above, a point by point comparison of the material or equipment specified under the Contract and that proposed to be substituted. The burden of responsibility in furnishing this information is with the Contractor.

If incomplete or irrelevant data is submitted as evidence of compliance with this section of the Specifications, the data will be returned and the request for approval will be denied.

5.04.3 Approval

The Engineer will review and stamp the shop drawings in one of the following ways:

A. Accepted as Specified

B. Accepted as Equal to Specified



C. Accepted as Noted

D. Revise and Resubmit

E. Rejected

F. Informational Purposes Only

The Engineer's comments will be returned to the Contractor within 15 working days of submittal. For purposes of establishing the comment period, the review time begins on receipt by the Engineer of the complete shop drawing submittal including the cover letter transmitting the "shop drawing" information. The Engineer's comments will include specific details as to why or where the shop drawings do not comply with the Contract drawings or specifications. The Engineer may review only such data and details as are transmitted to him by the Contractor. The Contractor shall coordinate between all suppliers and Subcontractors.

The specified number of copies of the accepted shop drawings will be returned by the Engineer.

5.04.4 Plan and Specification Conformity

Corrections or comments on the shop drawings during the Engineer's review do not relieve the Contractor from compliance with the requirements of the drawings and specifications. The County or Engineer will not be responsible for errors or omissions on drawings furnished by the Contractor, even though drawings containing such errors or omissions are inadvertently approved. The review is only general conformance with the design concept of the Project and general compliance with the information given in the Contract Documents. The Contractor is responsible for confirming and correlating all quantities and dimensions; selecting fabrication processes and techniques of construction; and in performing this in a safe manner. If the shop drawings deviate from the Contract Documents, the Contractor shall advise the Engineer of the deviations, in writing accompanying the shop drawings, including the reasons for the deviations, and shall request a deviation from the Contract Documents.

5.04.5 Fabrication

The Contractor's attention is specifically directed to the fact that no items shall be fabricated, nor equipment or materials ordered nor any construction performed, prior to approval by the Engineer of shop drawings applicable thereto. However, to expedite the Project, the Contractor may request authorization from the Engineer to order critical items before formal approval of drawings. Items ordered or fabricated without such authorization or until drawings are approved by the Engineer, which are subsequently rejected, are the responsibility of the Contractor and may not be the subject of a claim for compensation.

5.04.6 Payment

No extra measurement or payment shall be made for compliance with the requirements of this Section of the Specifications, costs shall be included in the applicable items as shown on the Proposal.



Failure to comply with this Specification and to submit the necessary shop drawings approval within 90 days of Award shall be sufficient reason to suspend progress payments.

5.04.7 As-Built Drawings

The Contractor shall maintain one set of Plans clearly marked to show all field modifications and other changes. Upon completion of the Work, the Contractor shall furnish to the Engineer the services of a qualified person to assist in the preparation of as-built drawings for a time period not less than one week. Accordingly, the Contractor is responsible for recording and advising the Engineer promptly of any necessary field modifications to ensure accurate as-built drawings.

As-builts shall be furnished to the County by the Developer's engineer for Developer Projects.

5.04.8 Operation and Maintenance Manuals

5.04.8.1 General

The Contractor shall furnish and submit to the Engineer the specified number of Operation and Maintenance (O&M) Manuals for approval. The O&M Manual shall cover all products, equipment, and systems provided and installed under this Contract.

While Work is in process, but prior to the 50 percent payment, the Contractor shall deliver three (3) copies of the O&M Manual in preliminary draft form to the Engineer for review.

Prior to completing the Work and prior to the 85 percent payment, the Contractor shall provide three (3) copies of the final draft O&M Manual to the Engineer for approval. All comments generated by the Engineer during review of the preliminary draft manual must be adequately addressed by the Contractor prior to submission of the final draft manual. The final draft O&M Manual must be received by the Engineer prior to scheduling the Conditional Acceptance inspection and issuance of Conditional Acceptance.

The final draft O&M Manual must be approved by the Engineer and the requisite number of copies submitted by the Contractor prior to the Final Acceptance inspection and issuance of Final Acceptance.

There will be no deviations from these requirements.

5.04.8.2 Manual Preparation

Manuals shall include both a comprehensive shop drawing submittal log as well as equipment operation and maintenance data.

The Contractor's prepared manual may be supplemented by additional operational data prepared by the design engineer as directed by Anne Arundel County. The inclusion of engineer prepared information shall not relieve the Contractor of completing his requirements as described in the Contract documents.

The shop drawing submittal portion of the manual shall contain a complete set of all approved shop drawing submittals for the Project. A typed table of contents shall be prepared by the Contractor indicating the submittal number and submittal description.



All submittals shall be indexed by a reinforced divider with a typewritten tab indicating the submittal number.

Operation and maintenance information shall be included for all mechanical and electrical equipment. The compiled data shall consist of assembly drawings, brochures, bulletins, catalogs, catalog cuts, installation guides, lubrication schedules, operator's/owner's/ maintenance manuals, recommended spare parts inventory and ordering information, trouble-shooting guides, warranty information, as-built wiring diagrams and other related data necessary for the operation, preventative maintenance and repair of equipment installed under this Contract.

As a minimum the Contractor furnished O&M Manual shall include the following information:

1. Title page giving name and location of facility, Project number, Contract number, general Contractor (name, address, and phone number), and design engineer (name, address, and phone number) and date.

2. Tabbed index dividers with the name, address, and phone number of the equipment manufacturer, supplier, installer, and authorized representative for parts and service. In addition, all equipment nameplate data and serial numbers shall be reproduced on the front of the divider.

3. Performance curves with operating points identified where applicable.

4. Manufacturer's shop cuts and dimension drawings of each piece of equipment with assembly details of replacement parts.

5. Manufacturer's installation, operation, maintenance, and lubrication instructions for all equipment.

6. Manufacturer's trouble-shooting guides presented in the format of "decision trees."

7. Complete wiring diagrams, corrected to as-built conditions, of all individual pieces of equipment and systems including one-line diagrams, schematic diagrams, and interconnection and terminal board identification diagrams.

8. Piping and interconnecting drawings.

9. Complete parts list with parts assembly drawing, names and addresses of spare parts suppliers, and a list of recommended spare parts to be kept in stock. In addition, a complete listing of spare parts included in the original equipment purchase order and turned over to Anne Arundel County shall be included.

10. Instructions with diagrams for disassembling and re-assembling the equipment for repairs or overhaul.

11. The information necessary to complete the equipment file maintenance forms (manufacturer, model number, serial number, other name plate data) for each piece of equipment furnished under the contract.

12. Test results and certifications including infrared tests, load tests and vibration signatures.



All information for the manuals shall be organized and assembled in loose-leaf 3-ring binders with black plastic-coated or vinyl covers. Where necessary, more than one binder may be used to assemble the data. When two or more binders are used, each book or volume shall be titled to indicate its particular book or volume number and the total number of volumes per set (i.e., volume 2 of 12). The Contractor shall plan manual contents and shall "break" the data between volumes at reasonable locations so no loss in continuity of data presentation occurs.

Tabbed index dividers shall be typewritten for legibility. Dividers shall be reinforced on the binding edge. The indexing system shall allow easy identification and retrieval of information. The indexing system shall be consistent throughout the entire manual.

All data for inclusion in the manuals shall be printed on an 8-1/2" X 11" sheet size. Where drawings or schematic diagrams cannot be reduced and maintain legibility, they may be folded to a size of 8-1/2" X 11". Folded drawings shall be bound into the manuals by using file pockets or sheet protectors with manufactured three-hole binding edges.

Illegible data due to any cause, including poor copy quality or reduction, will not be accepted. Manuals with illegible data shall be rejected and returned to the Contractor for correction.

5.04.8.3 Approval

Upon written approval of the final manual by the Engineer, the Contractor shall submit five (5) copies of the completed manual to the Engineer. The Engineer will distribute the manual as directed by the County.

Final payment to the Contractor will not be made, nor will final acceptance be made until the required number of copies of the approved Manual are received by the Engineer for distribution manual.

GP-5.05 CONFORMITY WITH CONTRACT REQUIREMENTS

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

In the event the Engineer finds the materials or the finished product in which the materials are used or the Work performed is not in reasonably close conformity with the Contract requirements and has 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.

In the event the Engineer finds the materials or the finished product in which the materials are used is not in strict conformity with the Contract requirements, but that acceptable Work has been produced, the Engineer shall then make a determination if the Work shall be accepted. In this event, the Engineer 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-5.06 COOPERATION BETWEEN CONTRACTORS

5.06.1 Separate Contractors on adjoining or overlapping Work shall cooperate with each other as necessary. Such cooperation shall include:



A. arrangement and conduct of Work;

B. storage and disposal of materials, etc. by each in such manner as to not unnecessarily interfere with or endanger the progress of the Work being performed by other Contractors.

Contiguous Work shall be joined in an acceptable manner.

5.06.2 The County 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 other Contracting agencies. In such cases, when a dispute arises among the Contractors, the County will decide who will have jurisdiction over said dispute. The Contractor shall cooperate fully with such other Contractors and carefully fit his own Work to such other Work as may be directed by the Engineer.

5.06.3 The Contractor agrees that, in event of dispute as to cooperation, the Engineer will act as referee, and decisions made by the Engineer will be binding. The Contractor agrees to make no claims against the County for any inconvenience, delay or loss experienced because of the presence and operations of other Contractors.

5.06.4 In the event of disputes or claims between Contractors on the Project, the County shall have no liability regarding any claims of the Contractors against one another. In such event, said Contractors shall hold the County harmless with regard to the Contractors' disputes or claims against one another.

GP-5.07 INSPECTORS' AUTHORITY AND DUTIES

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, manufacture or testing of the materials to be used. The Inspector is not authorized to revoke, alter or waive any requirements of the Contract, nor is he authorized to approve or accept any portion of the complete Project. He is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract. The Inspector shall have the authority to reject materials or suspend the Work until any questions at issue can be referred to and decided by the Engineer. Inspectors shall perform their duties at such times and in such manner as will not unnecessarily impede progress on the Contract.

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, which the Inspector may give the Contractor, shall not be construed as binding the Engineer in any way, or releasing the Contractor from fulfilling all of the terms of the Contract.

Where there is a disagreement between the Contractor (or his representative) and the Inspector, the Inspector will immediately direct the Chief Engineer's attention to the issue of disagreement and if the Contractor still refuses to make correction, comply or suspend Work, the Inspector 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. The Inspector shall deliver the shutdown order to the Contractor, and shall immediately leave the site of the Work. Any Work performed during the Inspector's absence will not be accepted or paid for and the County may require any such Work to be removed and disposed of at the Contractor's expense.



GP-5.08 INSPECTION OF WORK

All materials and each part or detail of the Work shall be subject at all times to inspection by the Engineer or his authorized representative. The Contractor will be held strictly to the Contract and allowable tolerances in regard to quality of 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 Engineer, or his 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. The Contractor shall notify the Engineer at least 48 hours prior to beginning Work or re-mobilizing after a period of inactivity on the Project.

If the Engineer 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 the Contract time and price will be made pursuant to GP-4.08 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.

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.

The Contractor is not relieved of any obligation under the Contract due to any of the following:

A. Work is not inspected.

B. Work, or any part thereof, is inspected.

C. Lack of presence of any County representation on the Project site.

D. The presence of any County employee on the Project site.

E. Approval or acceptance of any Work performed or approval of materials and equipment for use in Work under the Contract.

If Work, materials or equipment is found to be defective and not in conformance with Contract Document requirements at any time after completion of Work, the Work may be rejected, in whole or in part.

The County shall assume all expenses incurred for inspection costs necessary to complete the Work by any railroad, or any public service utility company, or any governmental agency or any agency whose jurisdiction affects the Work in any manner unless otherwise specified. The County shall not assume expenses incurred on Developer Projects.

GP-5.09 DEFECTIVE WORK REMOVAL

All Work and materials that do not conform to the requirements of the Contract will be considered unacceptable, unless otherwise determined acceptable under the provisions in GP-5.04.

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 Engineer.

Upon failure on the part of the Contractor to comply promptly with any order of the Engineer, made under the provisions of this Section, the Engineer 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 MAINTENANCE OF WORK DURING CONSTRUCTION

5.10.1 The Contractor shall maintain the Work during construction and until conditional acceptance unless otherwise specified. This maintenance shall be continuous Work accomplished when and as required, with adequate equipment and forces, to the end that all parts of the Work are kept in a presentable, workable and safe condition at all times.

5.10.2 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 waters 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.

5.10.3 All costs of maintenance Work during construction and before final acceptance shall be included in the price bid on the various items, and the Contractor will not be paid an additional amount for such Work, except as otherwise provided.

5.10.4 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.

5.10.5 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 conditionally accepted by the Engineer. Responsible, as used here shall mean the responsibility for restoration and the cost thereof, unless otherwise expressly provided for in the Special Provisions.

GP-5.11 FAILURE TO MAINTAIN ENTIRE PROJECT

Failure on the part of the Contractor, at any time, to comply with the provisions of GP-5.09 will result in the Engineer immediately notifying the Contractor to comply with the required maintenance provisions. In the event that the Contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Engineer 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-5.12 ACCEPTANCE

5.12.1 Conditional Acceptance



Whenever, in the course of performance of a Contract, the Contractor shall consider the Work to have been properly completed and ready to be accepted by the County, the Contractor shall make a written application for conditional acceptance for the Contract, and payment based upon the Contractor's final estimate of the value of authorized Work done under the terms of the Contact. The Contractor shall also certify to the County the completion of the Work, the amount of his final estimate, and the total amount due to be paid the Contractor pursuant to the Contract. Prior monthly estimates are subject to correction in the Contractor's final estimate. Such application and final estimate shall be submitted to the Office of the County Controller, who shall forward same to the Engineer for verification and approval prior to payment.

Upon receipt of such application and the Contractor's final estimate, the Engineer will make an inspection of the Work. Upon completion of all repairs or replacements by the Contractor which may appear at that time in the judgment of the Engineer to be necessary, the County will process the Contractor's final estimate for Conditional Estimate Payment in accordance with Section GP-9, and will issue to the Contractor a certification of conditional acceptance.

If, at the conclusion of the conditional acceptance inspection requested by the Contractor as described above, additional tests, testing, and/or reinspection is required because of failures or defects due to improper or faulty construction, materials, and/or equipment furnished and/or installed by the Contractor, or for other reason(s) attributable to the Contractor's performance of Work under the terms of this Contract, or because of lack of preparation for the inspection by the Contractor, or because of the lack of timely delivery of documentation required by this Contract as a condition to conditional acceptance, all costs of County personnel, equipment, utilities, and services associated with the reinspection(s) and/or retest(s) will be deducted from amounts retained or to be paid to the Contractor.

The date of this conditional acceptance certification will be the beginning of a one year guarantee period, The date of the conditional acceptance certification will be the beginning of the guarantee period. For all work other than pavement replacement and restoration in a County-owned right-of-way, the guarantee period shall be one year. The guarantee period for pavement replacement and restoration is set forth below. The Contractor shall at his own cost and expense, make all repairs and replacements which, in the judgment of the Engineer, may become necessary during the guarantee period on account of any failures or defects due to improper construction or materials furnished by the Contractor. During the guarantee period, should the Contractor fail to make needed repairs and replacements within 14 calendar days of service of notice by the County, or in the case of an emergency, the County shall be empowered to make any repairs or replacements and the cost of the required repairs or replacements shall be the financial responsibility of the Contractor. To insure the County against the nonpayment of such costs, the County will either require the retainage of 5 percent of the total value of the Contract plus the value of Work remaining at the time of Conditional Acceptance or require the Contractor to post an equivalent Maintenance Bond in accordance with GP 5.12.3.

Paving Replacement Or Restoration In A County Right-Of-Way



For a period of two years after satisfactory completion of pavement replacement or restoration in a County-owned right-of-way, the owner and permittee warrant and guarantee the quality of the work performed and are responsible for maintaining the site free from any defects resulting from the quality of the work and, in the event of such defects, for repairing or restoring the site to a condition that complies with the standard specifications and the provisions of this title.

Any repair or restoration during the warranty period shall cause the warranty period to run for one (1) additional year beyond the original two (2) year period.

5.12.2 Final Acceptance

Upon expiration of the aforesaid guarantee period, the Engineer will make a final inspection of the Work under the Contract 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 Engineer shall make the final acceptance as of that date and the Contractor shall be notified of such acceptance in writing within 10 days. After final acceptance the County will assume responsibility for maintenance, repairs, and/or replacement except where otherwise provided by the Contract.

5.12.3 Maintenance Bond

If approved by the Engineer, the Contractor shall, at the time of conditional acceptance, furnish a Maintenance Bond in favor of the County in the amount of 5 percent of the total value of the Contract plus the value of Work remaining at the time of Conditional Acceptance which would otherwise be retained by the County. Such bond shall be in a form and with a Surety approved by the County, binding the Contractor as principal, and the Surety, to promptly and properly replace any improper Work or materials that may become apparent within the guarantee period one year following the date of the conditional acceptance certification for the Work under the Contact. In lieu of bond, other forms of security such as irrevocable letters of credit, pledge of securities back by the full faith and credit of the Federal Government, or State bonds, or bank cashier's or treasurer's check may be accepted. Upon acceptance by the County of such a bond or other security the sum retained by the County will be paid to the Contractor.

GP-5.13 DISPUTED WORK AND CLAIMS

5.13.1 Claims by Contractor

Provision is made elsewhere in these Specifications to establish appropriate adjustments to quantities, prices and/or time allowances when necessary. Such provisions appear in GP-4.07, GP-4.08, GP-4.09 and GP-4.10. Particular attention is called to the fact that it shall be the responsibility of the Contractor to promptly notify the Engineer of the existence of conditions which he feels differ materially from those described by the Plans and/or Specifications. Where such notification has been given or where the Chief Engineer finds it necessary to initiate changes as described in GP-4.08, the Chief Engineer and the Contractor will negotiate appropriate adjustments.

The Chief Engineer, in consideration of what he deems to be the best interest of the County and the public, may issue written orders to the Contractor to pursue the Work on the item(s) involved during the period of negotiation and any subsequent period of



consideration of a claim as hereinafter described. In the issuance of such an order, the Chief Engineer shall set forth the basis upon which the computation of estimate payments for the Work will be founded. The Contractor and the Engineer shall keep daily records of the Work until a settlement satisfactory to both parties has been reached. During the pendency of any claim, the Contractor will continue to Work diligently to perform the Work pursuant to the Contact.

If and when the Contractor concludes that the negotiations with the Chief Engineer cannot yield what he considers to be an acceptable solution, the Contractor shall notify the Chief Engineer in writing of his intention to file a claim for additional compensation and/or time allowance. Complete documentation of the claim, including supporting data, shall be submitted as soon as possible. Failure to submit such documentation within thirty (30) calendar days of completion of Work on the item(s) involved will constitute a waiver of the right to claim and shall constitute an acceptance of the terms set by the Chief Engineer in his notice to pursue the Work (except that applicable bills for materials, equipment or services not in hand at the time of preparation of the claim may be submitted as received).

The Chief Engineer shall advise the Contractor of his findings or call for such conferences and/or additional written presentation, as he considers necessary to make a judgment of the matter. In the latter case, the Chief Engineer's finding will be made within thirty (30) days of receipt of such verbal or written presentation.

Although it is in the best interest of all concerned that the time limits set forth above be considered as maximums and that the filing and settlement of claims be carried out as quickly as possible, there may be instances in which the reaching of a just settlement requires extension of one or more of the time periods. This may be done by mutual consent of the Contractor and the Chief Engineer.

The Chief Engineer's findings will set forth, as appropriate, stipulation of additional time allowances, method of measurement, and basis of payment for the Work involved. In no case will the adjustments stipulated by the findings be made retroactive beyond a period of fourteen calendar days prior to the date of the Contractor's initial written notification of the existence of the matter at issue.

It is understood and agreed that all claims and disputes involving less than $10,000 arising out of any term or condition of this Contract or performance under the Contract shall be resolved by the Director of Public Works or his designee, after a hearing at which each party shall have an opportunity to be heard and present evidence. The decisions of the officer shall be final and there shall be no appeals therefrom.

The parties further agree that in the event of a claim or dispute of $10,000 or more regarding any term or condition of the Contract or performance thereunder such claims or disputes shall be determined by the Anne Arundel County Chief Administrative Officer (or his designee) after a full hearing on the record. The factual findings of the Chief Administrative Officer or his designee shall be final, subject to review on the record by a court of competent jurisdiction.

Any administrative appeals from the decision of the Chief Administrative Officer or his designee are hereby waived. It is the intention and desire of the parties to waive any




further administrative hearings or appeals and proceed directly to the appropriate court for review if aggrieved by the decision of the Chief Administrative Officer.

The rules of procedure for all hearings before the Chief Administrative Officer (or his designee) shall be in accordance with the rules and procedures adopted for the Anne Arundel County Board of Appeals governing the conduct of the hearing.

5.13.2 Claims by Subcontractors and Suppliers

No claims shall be brought against the County by any of Contractor's subcontractors or suppliers. The Contractor shall not act as a conduit for claims by subcontractors against the County, and any appeals provision in any Contract between the Contractor and any subcontractor or supplier to which the Contractor agrees to present to the County any claim or any subcontractor shall be invalid.

GP-5.14 LINES, GRADES, ELEVATIONS

The Chief Engineer will establish controls for all lines, grades and elevations for the guidance of the Contractor, and the Contractor shall conform his Work thereto. Such controls for lines, grades and elevations will be given as needed, but if, for any reason, minor delays should occur, the Contractor shall have no resulting claim for damages or extra compensation. Minor delays in providing controls shall be defined as delays of four (4) hours or less.

The Contractor shall preserve and maintain in proper position all stakes, and grade boards and lines until authorized to remove the same. If such stakes, boards, or lines are disturbed by the Contractor's employees, or by his failure to give them proper protection, those so disturbed shall be reset at the Contractor's expense. The Contractor shall furnish, when and as required, all necessary materials, labor and assistance (except engineering assistance) for the setting of all stakes, grade boards, lines, forms, etc., which may be required for the proper construction of the Work.

Any Work done without lines, levels and instructions having been given by the Chief Engineer, or without the supervision of an Inspector, will not be estimated or paid for, except when such Work is authorized by the Engineer. Work so done may be ordered removed and replaced at the Contractor's cost. Finished surfaces, in all cases, shall conform with the lines and grades given as shown on the Plans.

GP-5.15 OTHER GOVERNMENT AGENCY INSPECTION

When the United States Government pays all or any portion of the cost of a Project, the Work shall be subject to the inspection of the appropriate Federal Agency. Such inspection shall in no sense make the Federal Government a party to this Contract, and will not interfere, in any way, with the rights of either party thereunder. The State of Maryland, public utilities, railroads, etc. shall have rights of inspection for construction activities in their rights-of-way in accordance with the provisions of their agreements with the County to conduct such Work. Copies of these agreements are incorporated in the Contract Specifications.

END OF SECTION

GP-6

CONTROL OF MATERIAL

GP-6-1 of 4


GP-6

CONTROL OF MATERIAL

GP-6.01 GENERAL All materials shall meet all quality requirements of the Contract. In order to expedite the inspection and testing of materials, the Contractor shall submit for approval, in writing, to the Engineer the sources from which he proposes to obtain all materials requiring approval, testing, inspection or certification prior to incorporation into the Work as soon as possible after receipt of notification of award of the Contract.

GP-6.02 APPROVAL OF MATERIAL SOURCES The Engineer will inform the Contractor as to the acceptability of each material source as soon as an evaluation of the sources proposed can be made. No material may be incorporated into the Work until approval of the source has been given. Where delivery of materials to the job site is made prior to approval, such delivery is made at the Contractor's risk and subject to immediate removal at no cost to the County in cases where it is determined that the source is not acceptable.

Material sources may be rejected even though prior samples meet the applicable Specifications where it is evident that the material tends to be of marginal quality as compared to the Specification limits in one or more of its properties.

All source approvals are made subject to continuing production of materials meeting the Specifications. Where this condition is not met, the approval of any source may be withdrawn by the Engineer at any time.

GP-6.03 APPROVAL OF PLANTS AND SHOPS Immediately upon receipt of the Contract Notice to Proceed, the Contractor shall submit in writing, for the Engineer's approval, the location and ownership of plants or fabricating shops at which materials for the Project will be processed.

The Engineer will inform the Contractor of acceptability of proposed plants or shops as soon as an evaluation can be made. No material is to be shipped from these sources until approval has been given.

Plant or shop approvals are made subject to continuing production of materials meeting the Specifications. Where this condition is not met, the approval of any plant or shop may be withdrawn by the Engineer at any time.

GP-6.04 SAMPLES, TESTS, CITED SPECIFICATIONS All materials used will be inspected, sampled and tested in accordance with these requirements and others as are set forth elsewhere in these Specifications or in the Special Provisions in which particular reference is made to a specific material. Unless otherwise designated, tests will be made in accordance with the most recently published cited standard, tentative or interim methods of AASHTO, ASTM or others which are current on the date of advertisement for bids. These tests will be made by and at the expense of the County, unless otherwise specified.

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Acceptance testing by the County as described here and elsewhere is not considered as a replacement for control testing conducted by the Contractor or manufacturer producing materials for the Contractor. When the Contractor or manufacturer is not providing adequate control testing facilities in his own behalf, the Engineer may refuse to carry out resampling and testing of materials, which have been shown to be defective by normal sampling and testing routines. The Engineer may also refuse to resample and test defective materials until and unless corrective action has been taken by the Contractor or manufacturer.

GP-6.05 CERTIFICATION OF COMPLIANCE The Engineer may permit use before sampling and testing of certain materials or assemblies accompanied by Certificates of Compliance stating that such materials or assemblies fully comply with requirements of the Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered must be accompanied by a Certificate of Compliance in which the lot is clearly identified.

Materials or assemblies used on the basis of Certificates of Compliance may be sampled and tested at any time and if found not in conformity with Contract requirements will be subject to rejection whether in place or not.

The form and distribution of Certificates of Compliance will be as approved by the Engineer.

The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of Certificates of Compliance.

GP-6.06 PLANT AND FIELD LABORATORIES At proportioning, batching or mixing plants, the Contractor shall provide quarters suitable for a plant laboratory in which to house and use the equipment necessary to conduct the tests required. These quarters shall be for the exclusive use of the Chief Engineer and Inspector for testing and recording purposes. The quarters shall be located convenient to the plant and the plant shall be in full view from at least one window.

The laboratory shall generally comply with the requirements of the MD DOT SHA Specifications. Adequate facilities must be available to supply water necessary for performance of any tests that may be required.

Approval of a plant for proportioning, batching or mixing will be contingent upon availability of a plant laboratory such as described above for exclusive use of the Engineer or Inspector.

GP-6.07 PROJECT CONTROL TESTING Materials from approved sources, plants, or shops will be subjected to control tests by the Engineer at locations and frequency as he deems appropriate.

The point or points of sampling will be those points at which required physical or chemical properties are to be met. It is intended that insofar as is practical these points will be in the product process just before inclusion into the Work or into combination with other materials. It is also intended that sampling and testing by the Engineer be conducted in a manner and at points to minimize interference with maintaining an efficient schedule by the Contractor, however the Contractor shall schedule his operation so as to allow adequate time for sampling and testing by the Engineer. Where the nature of



the Work precludes the attainment of both of these ends simultaneously, the Engineer will designate points of sampling in a manner to insure that the Specifications are met.

While it is required that all materials will conform to specified values for all properties, the Engineer may designate different points of sampling and different sampling intervals for separate characteristics of any material.

The Contractor shall assist the Engineer in sampling of materials, make provision for safe and reasonable access, and allow the Engineer sufficient time to coordinate and make appropriate tests.

The Engineer may elect, where possible, to sample and test lots of material at the point of manufacture. In this case, lots may be given approval, and where practical, so marked by the Engineer. This procedure assumes that consistent production and appropriate storage, handling and shipping practices will be maintained by the manufacturer, hauler and the Contractor. Such approval does not preclude subsequent inspection, sampling, and testing of materials at the job site with acceptance or rejection being predicated on results of these later procedures.

GP-6.08 STORAGE AND HANDLING OF MATERIALS Materials shall be stored to assure preservation of their quality and acceptability for the Work. Stored materials, even though approved before storage, may again be inspected before their use. Stored materials shall be located to facilitate prompt inspection. Approved portions of the right-of-way or Project site may be used for storage purposes and placing of the Contractor's plant and equipment; such storage areas must be restored to original condition by the Contractor at his expense. Any additional space required must be provided by the Contractor at his expense.

GP-6.09 UNACCEPTABLE MATERIALS 6.09.1 Materials represented by samples taken and tested in accordance with the specified test

and failing to meet required values shall be considered to be defective regardless of prior tests or approvals.

6.09.2 Unless otherwise allowed by the Engineer as set forth below, defective materials will be removed from the site with any tags, stamps or other markings implying conformance with specifications removed or obliterated.

6.09.3 Where defects can be corrected, the Contractor may propose corrective action in accordance with the manufacturer's recommendation or by other means as he deems appropriate to the Engineer. The Engineer may approve the corrective action but does not assume responsibility for the success thereof. Retests may be made to determine acceptability of the material after corrective measures have been taken.

6.09.4 The cost of replacing, correcting and/or removal of defective material will be the responsibility of the Contractor.

6.09.5 The cost of repairing or replacing other materials damaged by the installation, correction, and/or removal of defective materials will be the responsibility of the Contractor.



GP-6.10 COUNTY FURNISHED MATERIAL The Contractor shall furnish all materials required to complete the Work, except those specified to be furnished by the County. Materials furnished by the County will be delivered or made available to the Contractor at the point or points specified in the Special Provisions. The cost of handling and placing all materials, after delivery to the Contractor, shall be considered as included in the Contract price for the item in connection with which they are used.

The Contractor will be held responsible for all material delivered to him, and deductions will be made from any monies due him to make good any shortages and deficiencies, from any cause whatsoever, for any damage which may occur after such delivery, and for demurrage charges.

In cases where materials are supplied by the County and incorporated in the Contract Work by the Contractor, materials inspection and acceptance will not be a prerequisite for acceptance of the final product as the product pertains to these items.

END OF SECTION

GP-7

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

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GP-7

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

GP-7.01 LAWS TO BE OBSERVED The Contractor shall keep fully informed of all Federal, State, and local laws, ordinances and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders and decrees and protect and indemnify the County and its representatives against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree, whether by himself and/or his employees or Subcontractors.

GP-7.02 PERMITS AND LICENSES 7.02.1 The Contractor shall procure at his own expense permits and licenses, as may be

necessary to comply with Federal, State and local laws, ordinances and regulations in performance of the work unless otherwise specified. He shall further give all notices necessary and incidental to the due and lawful prosecution of the work.

7.02.2 Federal permits, from the U. S. Corps of Engineers and/or United States Coast Guard and/or the Environmental Protection Agency, for erection of structures in tidal waters and non-tidal wetlands will be obtained by the County, and the Contractor shall comply with the requirements of such permits. Any required Federal permits, however, desired by the Contractor for temporary structures such as docks, piers, anchorages, etc., must be applied for and obtained by the Contractor, and a copy provided to the Engineer. Permits for work within State Highway, utility company and other rights-of-way required to perform the work will be obtained by the County and clearly shown on the Plans and/or copies of the permits will be included in the specifications. Any requirements not shown on the Plans or detailed in the specifications fall under the provisions of GP-7.02.1.

7.02.3 The Contractor will not be permitted to move over or operate on any road (except on the road under construction) any power shovels, rollers, concrete mixers, cranes, tractors or any other heavy equipment of weight or dimension in excess of Maryland Motor Vehicle Law and/or State Highway Administration regulations without first obtaining the required permits. In case of permits for oversize and overweight vehicle movements, attention is directed to Maryland Motor Vehicle Laws requiring the State Highway Administration to collect a fee on every such vehicle movement using highways of the State. The payment of and securing of such permits are required irrespective of whether the movement is in connection with this Contract or for other purposes.

GP-7.03 PATENTED DEVICES, MATERIALS AND PROCESSES If the Contractor is required or desires to use any design, device, material or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner; and a copy of such agreement shall be filed with the County. If no agreement is made or filed as noted, the Contractor and the Surety shall indemnify and save harmless the County, and any affected

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC GP-7-2 of 14


third party or government subdivision from any and all claims for infringement by reason of the use of any such patented design, device, materials or process, or any trademark or copyright, and shall indemnify the County for any costs, expenses and damages which it may be obliged to pay, by reason of any infringement, at any time during the prosecution or after the completion of the work.

GP-7.04 RESTORATION OF SURFACES OPENED BY PERMIT The right to construct or reconstruct any utility in the highway or grant permits for same at any time is hereby reserved by the County.

Upon the presentation of a duly authorized and satisfactory permit which provides that all necessary repair work shall be paid for by the party to whom such permit is issued, the Contractor shall allow parties bearing such permits to make openings in the highway.

The Contractor shall, when ordered by the Engineer, make in an acceptable manner all necessary repairs due to such openings. Such necessary work will be paid for as extra work, as provided in these specifications, and will be subject to the same conditions as original work performed.

GP-7.05 CONSTRUCTION SAFETY AND HEALTH STANDARDS It is a condition of this Contract, and shall be made a condition of each Subcontract entered into pursuant to this Contract, that the Contractor and any Subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under Construction Safety and Health Standards (Title 29, Code of Federal Regulations, Part 1926, formerly Part 1518, as revised from time to time) promulgated by the United States Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standard Act, (83 Stat. 96), and under any construction safety and health standards and regulations promulgated by the Commissioner of Labor and Industry in accordance with the Maryland Occupational Safety and Health Act, Article 89, Sections 28 thru 49 A, inclusive, Annotated Code of Maryland (as the same may be amended from time to time).

The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for use of his employees and those of the County as may be necessary to comply with the requirements and regulations of the and Department of Health and Mental Hygiene or of other authorities having jurisdiction, and shall commit no public nuisance.

GP-7.06 PUBLIC CONVENIENCE AND SAFETY The Contractor at all times shall conduct and work in a manner to ensure the least practicable obstruction to all forms of traffic. The convenience of the general public, tenants and residents along and/or adjacent to the project shall be provided for. Material stored upon the project shall be placed to cause a minimum of obstruction to the public. Sprinkling shall be performed at the direction of the Engineer. The Contractor shall, unless otherwise specified, provide and maintain in passable condition temporary access, roads and bridges as may be necessary to accommodate traffic diverted from the Project construction area, or using the Project construction area and provide and maintain in a safe condition temporary approaches to and crossings of the Project. Existing facilities planned to be removed, but which might be of service to the public during construction, are not to be disturbed until other and adequate provisions are made. Existing mailboxes shall be maintained or reset in positions



accessible to the public and to mail deliveries during construction and, subsequent to construction, in their final locations in a satisfactory condition. On County facilities occupied by railroad tracks, temporary platforms for the entrance and exit of passengers to and from the railway cars shall be provided and maintained in an approved manner by the Contractor. Fire hydrants on or adjacent to the Project shall be kept accessible to fire apparatus at all times, and no material or obstruction shall be placed within 15 feet of any hydrant. All footways, gutters, storm sewer/drain inlets and portions of the Project adjoining the work under construction shall not be obstructed more than is absolutely necessary. Work closed down for the winter or at any other time shall be left entirely accessible at all points to fire apparatus.

The Contractor shall notify the Department of Public Works, Traffic Engineering Division at least 1 day prior to actual obstruction of any public road of each street on which work will be undertaken. The Traffic Engineering Division will be continually updated of street obstructions until all work is completed.

GP-7.07 DETOURS Detours will be allowed only as part of an approved Traffic Control Plan (see Section GP-7.10). The Contractor shall be responsible for erecting and maintaining all detour signing, markings, and barricades as required by the approved Traffic Control Plan in accordance with these Specifications.

GP-7.08 BARRICADES AND WARNING SIGNS The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices, and shall take all necessary precautions for protection of the work and safety of the public. All highways and other facilities closed to vehicular traffic and all obstructions shall be protected by effective barricades. Obstructions shall be illuminated as required by the Engineer.

The Contractor shall erect warning signs in advance of any place on the project where operations may interfere with use of the facility by vehicular traffic and at all other points where new work crosses or coincides with an existing roadway or traffic lane(s). Such warning signs shall be constructed and erected in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways of the U.S. Department of Transportation, Federal Highway Administration.

The Contractor shall furnish, erect, and maintain warning direction signs in the number required and locations designated by the Engineer throughout the limits of the project. For street and highway type traffic, the signs shall conform in every respect to the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways. All signs shall be maintained in good condition and meet all requirements of this Section. No work may be performed or begun unless an adequate number of signs of the proper category are in place.

In cases where the Contractor's sequence of operations results in grade differentials which would be hazardous to vehicular traffic, the Contractor will, at the direction of the Engineer, provide suitable substantial guardrail or precast concrete barrier wall to the extent determined by the Engineer.



GP-7.09 FLAGGING OF MOTOR VEHICLE TRAFFIC For construction Contracts requiring flagging of motor vehicles licensed for operation on the highways of Maryland, said flagging shall be conducted by a State Certified Flagger and as specified in the Manual on Uniform Traffic Control Devices for Streets and Highways.

GP-7.10 MAINTENANCE OF TRAFFIC

7.10.1 Traffic Control For State and County Roads

All traffic controls for State and County roads during construction shall conform to the Manual on Uniform Traffic Control Devices for Streets and Highways. Additionally, the Contractor shall provide a Traffic Manager in conformance with Section 104.02 of the Maryland State Highway Administration Specifications.

Refer to Section GP-7.08 regarding responsibility of the Contractor for signs, barricades and warning signs.

Traffic control is required for all Contracts whether or not specific items for traffic control are included in the Proposal as bid items. Each Contract shall have a Traffic Control Plan which will assure the safety of motorists, pedestrians, and construction workers. This plan may be developed by the Engineer and included in the project Specifications and Plans. In cases where no approved Traffic Control Plan is specified or shown, the Contractor will be responsible for producing a plan and submitting it for review and approval before beginning construction. The Traffic Control Plan will cover such items as hours of operations, lane closures, signing, pavement markings, methods and devices for delineation and channelization, placement and design of barriers, barricades and impact attenuators, and other items as required.

The Contractor is required to implement the approved Traffic Control Plan or develop his own Traffic Control Plan, at his expense, which may be used in place of the original Traffic Control Plan, when approved. The Contractor's Traffic Control Plan shall be submitted in writing to the Engineer 20 days prior to starting any work. The Contractor must have written approval from the Engineer of his Traffic Control Plan before its implementation.

Once a Traffic Control Plan has been approved, the Contractor shall notify the Anne Arundel County, Department of Public Works, Traffic Engineering Division at 222-7331 at least 3 working days before any construction where the Traffic Control Plan shall be implemented by the Contractor's designated Traffic Manager. The Traffic Control Plan is subject to amendment during the life of the contract due to changing field conditions. Implementation of a Traffic Control Plan does not relieve the Contractor of any of the provisions set forth in the special provisions of these specifications.

Upon written request of the Contractor, the County will take steps as may be necessary to establish lower speed limits and/or No Passing Zones throughout portions of the construction area. The County will be responsible for legal notifications required and installation of regulatory signing.



7.10.2 Maintenance of Traffic For Private Properties

The Contractor will be required to schedule his work to cause the least amount of inconvenience to commercial and private properties. Where such properties have more than one entrance to the establishment, the Contractor may close one entrance at a time with approval of Engineer, provided that the first closed entrance is completed and reopened to traffic before commencement of work in the second entrance. At commercial locations where only one entrance exists, the Contractor will confine his work to not more than one-half the entrance at a time. Continuous vehicular ingress and egress to commercial properties shall be maintained at all times.

Once work is started through a private driveway or entrance, the Contractor will be required to complete the work before ending operations for the day, unless approved by the Engineer. No private driveways or entrance will be allowed to remain closed overnight unless the Contractor has submitted written permission from the property owner to the Engineer before commencement of work through the driveway or entrance.

The Contractor must notify all affected residents, tenants, and commercial operations of proposed driveway closings at least 1 day in advance.

7.10.3 Maintenance of Traffic During Rush (Peak) Hours

The Contractor will normally be responsible for maintaining full pavement widths for traffic operations during morning and evening peak hours and providing at least one lane of traffic in each direction during all other hours. Exact hours of operation and number of lanes to be maintained will be specified in the Traffic Control Plan as approved by the Engineer.

7.10.4 Maintenance of Traffic, Basis of Payment There will be no measurement and payment for this item; the cost of which will be included in the unit prices of other Contract items, except when specific items for Maintenance of Traffic are provided in the Proposal. The Contractor shall provide all signs, barricades, etc. and they shall be removed and become his property at the completion of the Project.

GP-7.11 LOAD RESTRICTIONS 7.11.1 The Contractor shall comply with all State and local requirements pertaining to speed,

size and weight of motor vehicles.

7.11.2 The County may indicate in the Contract load restrictions on any road or structure within the vicinity of the Project.

7.11.3 The Contractor shall take into account any and all posted bridges, the crossing of which might be contemplated by 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 government agencies.

7.11.4 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 before subject Contract.



7.11.5 The Engineer shall have the right to limit passage of heavy equipment (plus loads) when passage or usage would damage embankments, paving (completed or partially completed), structures or any other property.

GP-7.12 RAILROAD-HIGHWAY GRADE CROSSINGS AND SEPARATIONS In case the Contractor is required to haul materials across tracks of any railroad, or elects to do so, he shall make his own arrangements with that railroad for any new private crossings required or for the use of any existing private crossings.

All work to be performed by the Contractor in the construction of railroad highway separation structures on the railroad right-of-way shall be done in a manner satisfactory to the Engineer of the railroad company and be performed at such times and manner as not to unnecessarily interfere with the movement of trains or traffic upon the track of the railroad company. The Contractor shall use all care and precaution to avoid accidents, damage, or unnecessary delay or interference with the railroad company's trains or other property. The Contractor will further be required to carry such public liability and property damage insurance as may be stipulated elsewhere in these Specifications or the Special Provisions.

All work on structures over railroad right-of-way shall conform to all rules and regulations of the Owner(s) of the right-of-way. The Contractor is hereby made responsible for acquiring full knowledge of these rules and regulations and complying therewith to the satisfaction of the owners of the railroad right-of-way.

Prospective Bidders on Contracts crossing railroad right-of-way are advised the railroad company may require the Contractor to obtain, pay for and have approved by the railroad, certain broad forms of public liability and property damage insurance policies before entering upon the railroad property. As a general rule, details of such policies are set forth in the Special Provisions; but in case of omission from the Special Provisions, the Contractor is hereby required to communicate with the railroad to ascertain the type of insurance required, if any, and make provisions for same in the bid.

The preceding paragraph would particularly apply in the event the Contractor desired to establish a temporary crossing of the railroad property for his own convenience and operation. In this case, the County would have no knowledge of such crossing and, therefore, could make no mention in the Special Provisions. Unless otherwise provided in the Proposal, costs of insurance policies whether described in the Special Provisions or ascertained by the Contractor will not be set up in any special item; and the cost, therefore, must be included in and distributed over items which are set forth on the Proposal Form.

GP-7.13 BRIDGES AND OTHER WORK IN OR OVER WATERS OF THE STATE All work in, on or over waters under control of the Department of the Army and/or the Environmental Protection Agency of the United States shall conform to all applicable Federal rules and regulations. All such rules and regulations are hereby made part of the Contract. The Contractor is cautioned and charged with the responsibility of obtaining complete knowledge thereof and compliance therewith. The Contractor shall also comply with provisions of other applicable, Federal, State and local laws and is cautioned to acquaint himself with any pertinent regulations of the Maryland Department of Natural Resources, Water Resources Administration and U.S. Coast Guard.



GP-7.14 EXPLOSIVES USE The use of explosives will not be permitted unless authorized in writing by the Engineer. When use of explosives is permitted, the Contractor shall use the utmost care so as not to endanger life or property; and whenever necessary the number of charges and size of the charge shall be reduced. The Contractor's attention is directed to the necessity of safeguarding the traveling public during dynamiting operations, and a sufficient number of watchmen, flagmen, signs, etc. shall be used to warn motorists during periods of blasting. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly--"Dangerous Explosives"--and shall be in care of competent watchmen at all times. Explosives shall be stored and handled in conformity with provisions of the statutes of the State of Maryland and local laws and ordinances. The Contractor shall notify each public utility company having structures proximity to the site of the work of his intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take steps as they may deem necessary to protect their property from injury. Such notice shall not relieve the Contractor of any responsibility for damages, which may occur as a result of his operations.

Expert powder men licensed by the State Fire Marshal shall be employed by the Contractor for handling and use of explosives, and all their work shall conform to these requirements.

The Contractor shall notify the Anne Arundel County Fire Marshalls Office, of his intention to use explosives, at least 48 hours in advance so the Fire Marshalls Office can schedule their operations.

The authorization by the Engineer for use of explosives shall not relieve the Contractor of his full responsibility for damages that may occur or for obtaining all necessary permits.

GP-7.15 PRESERVATION AND RESTORATION OF PROPERTY, TREES, MONUMENTS, STREAMS, LAKES, RESERVOIRS, ETC.

7.15.1 The Contractor shall not enter upon public or private property (outside the right-of-way or construction strip) for any purpose without obtaining the Owner's written permission and he shall be responsible for the preservation of all public and private property, trees, monuments, highway signs and markers and fences thereon, and use every precaution necessary to prevent damage or injury thereto. A copy of the Owner's written permission shall be placed on file with the Engineer.

Before the required removal or relocation of traffic control or highway signs or markers, the Contractor shall notify the County Traffic Engineering Division a minimum of one full work day in advance so the County can assign crews to remove or relocate the signing as necessary.

The Contractor shall carefully protect from disturbance or damage all known land monuments and property markers until the Engineer has referenced their locations, and shall replace them as directed by the Engineer.

7.15.2 Whenever historical objects of archaeological or paleontological value are encountered during the course of construction, such objects shall not be disturbed. Work shall be stopped and rescheduled in a way to avoid the objects and the Engineer notified at once. The Engineer will arrange for evaluation of the situation by the appropriate authorities and for ultimate disposition of the matter, taking into consideration the evaluation of the appropriate authorities.



7.15.3 The Contractor shall be responsible for all damage or injury to property of any character during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his manner or method of executing said work, or due to his nonexecution of said work, or at any time due to defective work or materials; and said responsibility shall not be released until the work shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the nonexecution thereof on the part of the Contractor, he shall restore, at his own expense, such property to a condition similar to, or equal to, that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. In case of failure on the part of the Contractor to restore such property or make good such damage or injury, the Engineer may, upon 48 hours notice, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary; and the cost thereof will be deducted from any monies due or which may become due the Contractor under his Contract.

All work within rights-of-way and construction strips through private property shall be done in a manner to avoid all cutting of vegetation and other disturbances of terrain not actually necessary for construction. The Contractor at all times shall maintain the Construction site, and his stored materials in a condition which will not constitute a hazard to residents, pedestrians and motorists. Lunch papers, empty cans, milk bottles, and other empty containers shall be disposed of in an approved manner and not be strewn around or allowed to accumulate on the property. Upon completion of the work the Contractor shall clean up within the rights-of-way and construction strips and shall restore the area to at least equal to its original condition. The cost of the above work shall be incidental to and included in other bid items contained in the Proposal.

Unless otherwise provided in the Contract documents, trees with a butt diameter in excess of three (3) inches, measured three (3) feet above the ground, shall not be felled or damaged by the Contractor in a right-of-way identified as a construction strip. Should the Contractor obtain written permission of the property owner to fell a tree or trees with a butt diameter in excess of three (3) inches from a construction strip, he shall provide a copy of this written permission to the Engineer.

Unless otherwise provided in the Contract documents, all trees may be felled in those rights-of-way identified as a highway right-of-way or a slope, utility or drainage easement.

GP-7.16 LAND, AIR AND WATER POLLUTION 7.16.1 The Contractor shall incorporate all erosion control features into the work at the earliest

practicable time as required by the Contract Documents. Temporary pollution control measures will be used to correct conditions that: develop during construction that were not foreseen during design; are needed prior to installation of permanent pollution control features; or are needed temporarily to control erosion that develops during normal construction practices but are not associated with permanent control features on the project.



7.16.2 The Contractor's attention is directed to the fact that temporary pollution control may include control measures outside the right-of-way or project site where such work is necessary as a direct result of project construction. The Engineer shall be kept advised of all such off site control measures taken by the Contractor. This shall not relieve the Contractor of the basic responsibilities for such work.

7.16.3 In case of failure on the part of the Contractor to control erosion, pollution and/or siltation, the Engineer reserves the right to employ outside assistance or to use County forces to provide the necessary corrective measures. All expenses incurred by the Engineer in the performance of such duties for the Contractor shall be withheld from monies due or becoming due to the Contractor.

7.16.4 The Contractor is responsible for disposing of all clearing debris, excess excavation and unsuitable material in an approved off-site disposal area. The Contractor is responsible for obtaining a grading permit for the off-site disposal area, if appropriate.

GP-7.17 FOREST PROTECTION The County will secure a permit from the Maryland Department of Natural Resources before the Contractor proceeds with construction in areas controlled by the Department of Natural Resources, and all work shall be done in accordance with requirements of the permit. The Contractor shall give sufficient advance notice to the County before commencing work to allow for permit application and processing.

The County will assume all expenses incurred by inspection and supervision service required by the Maryland Department of National Resources.

GP-7.18 RESPONSIBILITY FOR DAMAGE CLAIMS 7.18.1 The Contractor shall indemnify and save harmless the County and all of its

representatives from all suits, actions, or claims of any character brought on account of any injury or damages sustained by any person or property in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in construction of the improvement, or on account of any act or omission by the said Contractor, or as a result of faulty, inadequate or improper temporary drainage during construction; or on account of the use, misuse, storage or handling of explosives, or on account of any claims or amounts recovered for any infringement of patent, trademark, or copy right; or from any claims or amounts arising or recovered under the Workmen's Compensation Laws or any other law, bylaw, ordinance, order or decree. The Contractor shall be responsible for all damage or injury to property of any character during prosecution of the work resulting from any act, omission, neglect or misconduct, in the manner or method of executing said work or due to nonexecution of said work or at any time due to defective work or materials, and said responsibility shall continue until the improvement shall have been completed and accepted.

7.18.2 The Contractor shall conduct his operations upon the rights-of-way shown on the drawings fully within the rules, regulations and requirements of the grantee and the County. The Contractor shall be responsible for acquainting himself with such requirements.



7.18.3 The Contractor shall be held responsible for any accidents that may happen to the railroad company as a result of his operations.

7.18.4 The Contractor shall not be held responsible for any claims arising from accidents incurred because of any traffic and/or general use permitted during the time the project or any section thereof is open to traffic under terms of GP-7.20 except from accidents which are attributable to his negligence.

GP-7.19 LIABILITY INSURANCE

7.19.1 Contractor's and Subcontractor's Insurance

The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this section and such insurance has been approved by the County; nor shall the Contractor allow any Subcontractor to commence work on his Subcontract until the insurance required of the Subcontractor has been so obtained and approved, unless said insurance is covered by the prime Contractor, who is in effect, responsible to the County. This requirement extends to all tiers of subcontracting.

7.19.2 Compensation and Employer's Liability Insurance

The Contractor shall obtain and maintain in force, during the life of the Contract, the Statutory Workmen's Compensation and Employer's Liability Insurance for all of his employees to be engaged in work on the project under the Contract; and in case any such work is sublet, the Contractor should require the Subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such work.

7.19.3 Bodily Injury Liability and Property Damage Liability Insurance

The Contractor shall obtain and maintain in force, during the life of the Contract, Bodily Liability and Property Damage Liability Insurance to protect him and any Subcontractor performing work covered by the Contract from claims for damages or personal injury, including accidental death, as well as from claims for property damage which may arise from operations under the Contract, whether such operations be by himself or by a Subcontractor or by anyone or directly or indirectly employed by either of them. Said insurance policy shall name as additional insured, Anne Arundel County, Maryland, its employees and agents.

The County will not be responsible for damage or loss of materials stored on or within County owned facilities. The Contractor shall provide necessary insurance coverage to save the County harmless from any such damage or loss of material.

A. Bodily Injury Liability Insurance in an amount not less than one million dollars ($1,000,000) for injuries including wrongful death to any person or persons in any one occurrence. The insurance certificate provided to the County in accordance with the requirements of this and individual construction contract specifications shall have clearly indicated thereon all exclusions and deductibles, which have been written into the policy.



B. Property Damage insurance in an amount not less than One Hundred Thousand Dollars ($100,000.00) for damages on account of any one accident, and in an amount not less than Three Hundred Thousand Dollars ($300,000.00) for damages on account of all accidents.

7.19.4 Special Hazards Insurance

In the event of the possibility of special hazards existing in the work contemplated, such hazards shall be covered by a rider to the policy or policies required under GP-7.19.3B, in amounts not less than those stipulated under said section. If any special hazard is encountered during the performance of this Contract, the Contractor shall, before performing any work involving the special hazard, immediately proceed with the procuring of this insurance.

7.19.5 Builders Risk Insurance (Fire and Extended Coverage) The Contractor shall have adequate fire and standard extended coverage, with a company or companies acceptable to the County, in force for the project.

The insurance shall provide protection at all times against loss by the County and Contractor until conditional acceptance of the work.

This provision with respect to Builders' Risk Insurance shall, in no way, relieve the Contractor of his obligation of completing the work covered by the Contract.

7.19.6 Proof of Carriage of Insurance

The Contractor shall furnish the County with certificates showing type, amount, class of operations, effective dates and date of expiration of policies. Such certificates shall contain substantially the following statement: "The insurance covered by this certification shall not be cancelled or materially altered, except after ten (10) days written notice has been received by the Purchasing Agent, Anne Arundel County."

7.19.7 Other Insurance

When specified in the Special Provision, the Contractor shall carry insurance of the kinds and amounts specified therein, in addition to any other forms of insurance or bonds required under the terms of the Contract and these Specifications.

GP-7.20 USE AND POSSESSION PRIOR TO CONDITIONAL ACCEPTANCE The County shall have the right to take possession of or use any completed or partially completed part of the work. Possession of or use shall not be deemed an acceptance of any work not completed in accordance with the Contract. While the County is in possession, the Contractor shall be relieved of responsibility for loss or damage to that portion of the work in possession of the County, other than that resulting from the Contractor's fault or negligence. If prior possession or use by the County delays progress of the work or causes additional expense to the Contractor, an equitable adjustment in Contract price and/or the time of completion will be made; and the Contract shall be modified in writing accordingly.

At the option of the Engineer, certain sections of work may be utilized. In such cases, the completed work will be inspected, conditionally accepted in writing, and the same turned over to the County for



maintenance. Such action shall not in any way be construed as final acceptance of the work or any part of it or as a waiver of any of the provisions of these Specifications or Contract.

When part of the work is taken for use by the County at its request and/or convenience, the takeover shall constitute conditional acceptance and start the guarantee period for that part of the work. Conditional acceptance and beginning of guarantee period does not apply if use is taken by the County at the Contractor's request.

GP-7.21 CONTRACTOR'S RESPONSIBILITY FOR WORK 7.21.1 Except as herein elsewhere provided, until conditional acceptance of the work by the

Engineer, the Contractor shall have the charge and care thereof and shall take every reasonable precaution against injury or damage to any part thereof by the action of the elements, or from any other cause, whether arising from execution or from nonexecution of the work. The Contractor, except as herein elsewhere provided, shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. Material lost or structures damaged as a result of faulty temporary drainage during construction or action of the elements shall be replaced or repaired by the Contractor at no cost to the County. The Contractor shall make good or replace at his own expense and as required by the Engineer, any County furnished material which may be damaged, lost through fire, theft, or otherwise, subsequent to delivery to the Contractor by the County and before conditional acceptance of the work, even though such damage, loss or uselessness may result from causes beyond the control of the Contractor.

7.21.2 In case of suspension of work for any cause whatever, the Contractor shall be responsible for the Project and take precautions as may be necessary to prevent damage to the work, provide for normal drainage and shall erect any necessary temporary structures, signs or other facilities at his expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings and sodding furnished under his Contract and take adequate precaution to protect new growth and other important vegetative growth against injury.

GP-7.22 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICES

At points where the Contractor's operations are adjacent to properties of railway, telegraph, telephone and power companies, or adjacent to other property, damage to which might result in expense, loss or inconvenience, work shall not be commenced until all arrangements necessary for the protection thereof have been made by the Contractor.

The Contractor shall cooperate with Owners of any underground or overhead utility lines in their removal and rearrangement operations so these operations may progress in a reasonable manner, duplication or rearrangement work may be reduced to a minimum, and services rendered by those parties will not be unnecessarily interrupted.

In the event of interruption to utility services as a result of accidental breakage or being exposed or unsupported, the Contractor shall promptly notify the proper authority and cooperate with the said



authority in the restoration of service. No work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority and/or the Department of Public Works, Anne Arundel County.

GP-7.23 FURNISHING RIGHT-OF-WAY It will be the responsibility of the County to not only secure all of the rights-of-way which may be necessary for a construction Contract, but to make said rights-of-way completely and physically available to the Contractor in advance of construction.

All additional rights-of-way and/or additional rights to use land outside of the County's right-of-way, which the Contractor may desire for his convenience shall be obtained and paid for by the Contractor.

Where work is to be built in rights-of-way, such rights-of-way will be secured by the County without cost to the Contractor. The County will also obtain permission from owners of properties to be used as construction strips outside the limits of these rights-of-way as shown on the Drawings. The Contractor shall not move any equipment or materials into the rights-of-way until authorized by the Engineer. The Contractor shall confine his operations strictly within the limits of the rights-of-way and construction strips, unless he has written permission of the Owner of the adjacent property to occupy additional ground. A copy of the written permission shall be furnished to the Engineer.

In the event the County fails to make said right-of-way available as aforesaid and said failure actually hinders and/or delays the Contractor during performance of his Contract, said Contractor shall receive an extension of time.

The County will provide at least one access point to the construction site. No arrangement will be made for additional means of access to the rights-of-way or construction strips by the County; the Contractor shall therefore be required to make his own arrangements for additional access points to the work area. Contractors are cautioned that only those areas designated on the Plans have been obtained for their construction operations by the County. If they feel these areas are insufficient, they must account for the cost of additional rights-of-way and/or special construction methods in their bidding of the work.

GP-7.24 PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any provisions of the Contract, or in exercising any power or authority granted to them by or within the scope of the Contract, there shall be no liability upon the County, the Engineer or other authorized representatives, either personally or as officials of the County, it being understood that in all such matters they act solely as agents and representatives of the County.

GP-7.25 NO WAIVER OF LEGAL RIGHTS The County shall not be precluded or estopped by any measurement, estimate or certificate, made either before or after completion and acceptance of the work and payment therefore, from showing the true amount and character of the work performed and materials furnished by the Contractor, nor from showing that any measurement, estimate or certificate is untrue or is incorrectly made, nor from showing the work or materials do not in fact conform to the Contract. The County shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate and payment in accordance therewith, from recovering from the Contractor or his Sureties, or both, such damage as it may sustain by reason of his failure to comply with terms of the Contract. Neither acceptance by the



County, or any representatives of the County, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the County, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages.

The waiver of any breach of the Contract shall not be held to be a waiver of any other subsequent breach.

END OF SECTION

GP-8

PROSECUTION AND PROGRESS

GP-8-1 of 10


GP-8

PROSECUTION AND PROGRESS

GP-8.01 SUBLETTING OR ASSIGNING OF CONTRACT The Contractor, to whom a Contract is awarded, shall perform with his own organization and the assistance of workmen under his immediate supervision, work of a value of not less than 50% of the total value of the Contract, unless specified otherwise. The remainder may be sublet whether or not Subcontractors are named in the Proposal.

No portion of the Contract shall be sublet, assigned or otherwise disposed of except with written consent of the County and the Surety. Consent to sublet, assign or otherwise dispose of any portion of the Contract shall not be construed to relieve the Contractor or Surety of any responsibility for fulfilling all the requirements of the Contract.

8.01.1 The Subcontractors named in the Proposal Form and approved by the County and those approved when subsequently submitted shall perform the Contract items as approved by the County. Requests for permission to sublet, assign or otherwise dispose of any portion of the Contract shall be in writing and include the portion of work or item number or numbers, and the dollar value. Each request for permission to sublet, assign or otherwise dispose of any portion of the Contract must be accompanied by written consent from the Contractor's Surety. The Contractor shall give assurance that minimum wage for labor, as required by the Contract shall apply to labor performed on all work sublet, assigned or otherwise disposed of in any way.

8.01.2 The County will not approve subletting portions of items except in the case of specialty items such as erection of structural steel, painting or such portions of items which are distinct and identifiable and which have been approved by the Engineer.

8.01.3 Once a Subcontractor has been approved by the County and Surety for performance of certain Contract items of work on the subject Contract, the County will not allow the Contractor to substitute another Subcontractor, except in the event the Contractor requests in writing that the approved Subcontractor be relieved of the necessity of performance of said work. Any change of Subcontractors must be requested in writing by the Contractor and be approved by the Contractor's Surety. Such concurrence shall not be unreasonably delayed in the judgment of the County. In the event a Subcontractor does not perform to the satisfaction of the Contractor, the Contractor may perform the work with his forces or request another named Subcontractor be substituted. When reasons submitted for substitution of the Subcontractor indicate the change will be in the best interest of the County, approval of request will be granted.

8.01.4 Roadside production of materials, unless performed by the Contractor, shall be considered as subcontracting. This is construed to mean the production of crushed stone, gravel and/or other materials by means of portable or semi portable crushing, screening or washing plants, established or reopened in the vicinity of the work for the purpose of supplying materials to be incorporated into the work on a designated project or projects.

PROSECUTION AND PROGRESS GP-8-2 of 10


The purchase of sand, gravel, crushed stone, crushed slag, batched concrete aggregates, ready mix concrete and/or other materials produced at and furnished from established and recognized commercial plants, together with the delivery of such materials to the site of the work by such plants or by recognized commercial hauling companies, shall not be considered as subcontracting.

GP-8.02 NOTICE TO PROCEED After the Contract has been awarded, the County will, within the time limit specified by the County elsewhere in the Contract Documents, issue to the Contractor a Notice to Proceed; and this notice will stipulate the date on or before which the Contractor is expected to begin work. The completion date of the Contract shall be as stipulated in the Notice to Proceed.

8.02.1 Work is not to be started before receipt of the Notice to Proceed.

8.02.2 If the County is unable to issue the Notice to Proceed within one hundred and thirty (130) calendar days from the bid opening, the Contractor may request the County to rescind the Contract.

GP-8.03 PROSECUTION OF WORK 8.03.1 The Contractor shall begin work promptly within the time specified by the Notice to

Proceed and shall notify the Engineer at least two full working days before starting work.

8.03.2 After the work has been started, it shall be prosecuted continuously on all acceptable working days without stoppage until the entire Contract is completed.

8.03.3 Should prosecution of work for any reason be discontinued, the Contractor shall notify the Engineer of his intention to stop and also notify the Engineer at least 48 hours in advance of resuming operations. Said notification shall be confirmed in writing.

GP-8.04 PROGRESS SCHEDULE 8.04.1 Before beginning work, the Contractor shall submit for approval to the Engineer a progress

schedule showing the proposed order of work, location of the work being performed during specific time periods, and the time required for completion of the work. The progress schedule shall be a bar chart type unless otherwise directed in the Special Provisions for contracts greater than $100,000. Said progress schedule shall be used to establish major construction items and be developed to permit a check on progress of the work on a weekly basis. The Contractor shall submit revised progress schedules as directed by the Engineer.

8.04.2 If the Contractor fails to submit the progress schedule within the time prescribed, or the revised schedule within the requested time, the Engineer may withhold approval of progress payment estimates until such time as the Contractor submits the required progress schedules.

8.04.3 If, in the opinion of the Engineer, the Contractor falls significantly behind the approved progress schedule, the Contractor shall take any and all steps necessary to improve his progress. The Engineer, in this instance, may require the Contractor to increase the number of shifts, initiate or increase overtime operations, increase days of work in the workweek, or increase the amount of construction plant, or all of the above. The Engineer may also



require the Contractor to submit for approval supplemental progress schedules detailing the specific operational changes to be instituted to regain the approved schedule, all without additional cost to the County.

8.04.4 Failure of the Contractor to comply with the requirements of the Engineer under this provision shall be grounds for determination by the Engineer that the Contractor is not prosecuting the work with such diligence as will insure completion within the time specified. Upon such determination, the Engineer may terminate the Contractor's right to proceed with the work, or any separable part thereof, in accordance with GP-8.09 of these General Provisions.

GP-8.05 LIMITATIONS OF OPERATIONS The Contractor shall conduct the work at all times in a manner and sequence as will assure the least interference to the public.

8.05.1 The Contractor shall begin work at points as may be specified in the Contract and shall thereafter prosecute the work at such points and order as may be prescribed therein.

8.05.2 No work requiring the presence of the Engineer or an Inspector will be permitted on Sunday or on legal County holidays except in cases of emergency, and then only to such extent as is absolutely necessary and with written permission of the Engineer.

8.05.3 In case the Contractor desires to work upon any Sundays or legal holiday, he shall so inform the Engineer in writing at least two full work days in advance. He shall indicate the nature of the emergency, his desire to work and the location at which work will be conducted.

GP-8.06 CHARACTER OF WORKMEN, METHODS AND EQUIPMENT The Contractor shall employ sufficient labor and equipment for prosecuting the several classes of work to completion in the manner and time required by the Contract.

Workmen must have sufficient skill and experience to perform properly the work assigned to them. All workmen engaged in special work or skilled work shall have sufficient experience in such work and in operations of the equipment required to perform all work properly and satisfactorily.

Any person employed by the Contractor or by any Subcontractor who, in the opinion of the Engineer, does not perform his work in a proper manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or Subcontractor employing such foreman or workman, and the person shall not be employed again on any portion of the work without approval of the Engineer.

Should the Contractor fail to remove such person or persons as required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of work, the Engineer may withhold payments which are or may become due under the Contract until a satisfactory understanding has been reached.

Equipment used on the work shall meet the requirements of the work and produce a satisfactory quality of work. The Engineer may order removal and require replacement of any unsatisfactory equipment.



When the methods and equipment to be used by the Contractor in accomplishing the construction are not prescribed in the Contract, the Contractor is free to use any methods or equipment that he demonstrates to the satisfaction of the Engineer will accomplish the Contract work in conformity with the Contract requirements.

When the Contract specifies the construction be performed by use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer in writing. If the Contractor desires to use a method or type of equipment other than those specified in the Contract, he must request authority from the Engineer to do so. The request shall be in writing and include a full description of the methods and equipment proposed and an explanation of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing construction work in conformity with Contract requirements. If, after trial use of the substitute methods or equipment, the Engineer determines the work produced does not meet Contract requirements, the Contractor shall discontinue use of the substitute method or equipment and complete the remaining construction with the specified methods and equipment. The Contractor shall remove the deficient work and replace it with work of specified quality, or take other corrective action as the Engineer may direct. No change will be made in basis of payment for the construction items involved nor in Contract time as the result of authorizing a change.

GP-8.07 SUSPENSION OF WORK/DELAY CLAIMS 8.07.1 The Engineer may order the Contractor in writing to suspend, delay or interrupt all or any

part of the work for such period of time as he may determine appropriate for convenience of the County. A suspension of work, delay or interruption of all or any part of the work may also be caused by other acts or omission to act by the County.

8.07.2 The Contractor specifically agrees to make no claim for damages for delay in performance of this contract occasioned by such suspension of work or by any act or omission to act of the County or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. However, no adjustment shall be made under this clause for any suspension, delay or interruption to the extent that performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the Contractor or for which an equitable adjustment is provided for or excluded under any other provision of this Contract.

8.07.3 No extension of time under this clause shall be allowed for delays occurring more than 20 days before the Contractor shall have notified the Engineer in writing of the act or failure to act involved (but this requirement shall not apply as to an extension of time resulting from a suspension order) and unless the request for time extension is asserted in writing as soon as practicable after termination of such suspension, delay or interruption but not later than the date of final payment under the Contract.

8.07.4 If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the use of the site of work unnecessarily nor become damaged in any way; and he shall take every precaution to prevent damage or deterioration of the work performed, provide suitable drainage, erosion control measures, etc, and erect temporary structures where necessary. In the event the



County directs a stoppage of work for an indefinite period, an adjustment to the contract price will be negotiated, based upon direct costs only, for the additional work involved.

GP-8.08 DETERMINATION AND EXTENSION OF CONTRACT TIME The Contractor shall complete the work contracted for in an acceptable manner within the number calendar days as stated in the Contract.

The Contract time and completion date shall be as specified in the "Notice to Proceed." When the conditional acceptance has been duly made by the Engineer as prescribed in GP-5.12.1 the daily time charged shall cease.

The number of days for performance allowed in the Contract as awarded is based on the amount of work indicated by the Contract Documents. If satisfactory fulfillment of the Contract with extensions and increases authorized under GP-4.07, 4.08 and 4.09 shall require the performance of work in greater quantities than those set forth in the Proposal, the Contract time allowed for performance shall be adjusted in an equitable manner based on the quantities, costs and nature of the work involved.

The Contractor under certain conditions may be granted permission or ordered to suspend operations as noted in GP-8.07.

Following the date on which all work has been completed, except those landscaping items on which work is restricted to specified seasons and when conditional inspection and acceptance is being deferred pending completion of those landscaping items on which work is not permissible at the time because such work is currently out of season, and for no other reason, no time will be charged against the Contractor until such time as it is again permissible to proceed with such work. However, time will be charged during any extensions of the specified season, which may be granted the Contractor.

The criteria of GP-8.09.4.A and 8.09.4.B shall apply to the determination of and extension of Contract time.

GP-8.09 TERMINATION FOR DEFAULT, DAMAGES FOR DELAY, TIME EXTENSIONS

8.09.1 If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this Contract, or any extension thereof, or fails to complete said work within such time, the County may, by written notice to the Contractor and Surety, terminate his right to proceed with work or part of work as to which there has been delay. In such event, the County may take over the work and prosecute to completion, by Contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances and plant as may be on the site of the work and necessary therefore. Whether or not the Contractor's right to proceed with the work is terminated, he and his Sureties shall be liable for any damage to the County resulting from his refusal or failure to complete the work within the specified time.

8.09.2 When liquidated damages are provided in the Contract and if the County so terminates the Contractor's right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs incurred by the County in completing the work.



8.09.3 When liquidated damages are provided in the Contract and if the County does not so terminate the Contractor's right to proceed, the resulting damage will consist of such liquidated damages until the work is completed or accepted.

8.09.4 The Contractor's right to proceed shall not be so terminated nor the Contractor charged with resulting damage if:

A. delay in completion of the work arises from unforeseeable causes above or beyond the control and without the fault or negligence of the Contractor, his Subcontractors and/or suppliers, including but not restricted to acts of God, acts of public enemy, acts of the State or Federal Government in either their sovereign capacity or the County in its contractual capacity, acts of another Contractor in the performance of a Contract with the County, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather; and

B. the Contractor, within 10 days from the beginning of any such delay (unless the Engineer grants a further period of time before the date of final payment under the Contract) notifies the Engineer in writing of the causes of delay. The Engineer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in GP-5.13 of these General Provisions.

8.09.5 If, after notice of termination of the Contractor's right to proceed under provisions of this clause, it is determined for any reason that the Contractor was not in default under provisions of this clause, or that the delay was excusable under provisions of this clause, the rights and obligations of the parties shall, if the Contract contains a clause providing for termination for convenience of the County, be the same as if notice of termination has been issued pursuant to such clause.

8.09.6 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.

8.09.7 This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract. In order for the Contractor to obtain a time extension under this clause, the following conditions must be satisfied:

A. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

B. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

8.09.8 The following schedule of monthly anticipated adverse weather delays is based on the National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute a base line for monthly weather days in all weather dependent activities.



MONTHLY ANTICIPATED ADVERSE WEATHER DELAY IN WORK DAYS JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

5

5

4

5

5

4

3

4

2

3

3

3

GP-8.10 FAILURE TO COMPLETE ON TIME Time is an essential element of the Contract, and it is important that work be vigorously prosecuted until completion.

For each calendar day that any work shall remain uncompleted beyond the time(s) specified elsewhere in the Contract, the Contractor shall be liable for liquidated damages in the amount(s) provided in the Proposal; provided, however, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved Change Orders.

GP-8.11 TERMINATION FOR CONVENIENCE OF THE COUNTY 8.11.1 The performance of work under this Contract may be terminated by the County in

accordance with this clause in whole, or from time to time in part, whenever the County shall determine that such termination is in the best interest of the County. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the Contract is terminated and the date upon which such termination becomes effective.

8.11.2 After receipt of a Notice of Termination, and except as otherwise directed by the County, the Contractor shall:

A. stop work under the Contract on the date and to the extent specified in the Notice to Termination;

B. place no further orders or Subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Contract as is not terminated;

C. terminate all orders and Subcontractors to the extent they relate to performance of work terminated by the Notice of Termination;

D. assign to the County in the manner, at times, and to the extent directed by the County, all of the right, title and interest of the Contractor under the orders and Subcontracts so terminated, in which case the County shall have the right, in its discretion, to settle or pay any or all claims arising out of termination of such orders and Subcontracts;

E. settle all outstanding liabilities and claims arising out of termination of orders and Subcontracts, with the approval or ratification of the County to the extent the Engineer may require, which approval or ratification shall be final for all the purposes of this clause;

F. transfer title and deliver to the County, in the manner, at times, and to the extent, if any, directed by the County, the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in



connection with performance of the work terminated by the Notice of Termination, and the completed or partially completed Plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the County;

G. use his best efforts to sell, in the manner, at times, to the extent, and at the price or prices directed or authorized by the County, any property of the types referred to in F above; provided, however, that the Contractor shall not be required to extend credit to any purchaser and may acquire any property under the conditions prescribed by and at a price or prices approved by the County; and provided further that proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the County to the Contractor under this Contract or shall otherwise be credited to the price or cost of the work covered by this Contract or paid in such other manner as the County may direct;

H. complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and

I. take action as may be necessary, or as the County may direct, for the protection and preservation of property related to this Contract which is in the possession of the Contractor and in which the County has or may acquire an interest.

8.11.3 After receipt of a Notice of Termination, the Contractor shall submit to the County his termination claim, in the form and with certification prescribed by the County. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the County as a result of an extension request of the Contractor made in writing within such one year period or authorized extension thereof. However, if the County determines that the facts justify such action, it may receive and act upon any such termination claim at any time after such one year period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the County may determine, on the basis of information available, the amount, if any, due to the Contractor by reason of termination and shall thereupon pay to the Contractor the amount so determined.

8.11.4 Subject to the provisions of GP-8.11.3, the Contractor and the County may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this section, which amount or amounts may include a reasonable allowance for profit on work done; provided that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Contract price as reduced by the Contract price of work not terminated. The Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in GP-8.11.5 of this section, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the County to agree upon the whole amount to be paid to the Contractor by reason of termination of work pursuant to this section, shall be deemed to limit, restrict, otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph.

8.11.5 In the event of failure of the Contractor and the County to agree as provided in GP-8.11.4 upon the whole amount to be paid to the Contractor by reason of termination of work



pursuant to this section, the County shall pay to the Contractor the amounts determined by the County as follows but without duplication of any amounts agreed upon in accordance with GP-8.11.4:

A. with respect to all Contract work performed before the effective date of the Notice of Termination, the total (without duplication of any items) of:

1. the cost of such work;

2. the cost of settling and paying claims arising out of termination of work under Subcontracts or orders as provided in GP-8.11.2.E, exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by the Subcontractors before the effective date of the Notice of Termination of Work under this Contract, which amount shall be included in the cost on account of which payment is made under 1 above; and

3. a sum, as profit on 1 above, determined by the County, to be fair and reasonable; provided, however, that if it appears the Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed under this section, and an appropriate adjustment shall be made reducing the amount of settlement to reflect the indicated rate of loss; and

B. the reasonable cost of preservation and protection of property incurred pursuant to GP-8.11.2.I; and any other reasonable cost incidental to termination of work under this Contract, including expense incidental to determination of the amount due to the Contractor as the result of termination of work under this Contract.

The total sum paid to the Contractor under A above shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of work not terminated. Except for normal spoilage, and except to the extent that the County shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amount payable to the Contractor under A above, the fair value, as determined by the County, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the County, or to a buyer pursuant to GP-8.11.2.G.

8.11.6 The Contractor shall have the right of appeal, under GP-5.13 from any determination made by the County under GP-8.11.3 or 8.11.5, except that if the Contractor has failed to submit his claim within the time provided in GP-8.11.3 and has failed to request extension of such time, he shall have no such right of appeal. In any case where the County has made a determination of the amount due under GP-8.11.3 or 8.11.5, the County shall pay to the Contractor the following; if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the County; of if an appeal has been taken, the amount finally determined on appeal.

8.11.7 In arriving at the amount due the Contractor under this Section there shall be deducted all non-liquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this Contract; any claim which the County may have against the Contractor in connection with this Contract; and the agreed price for, or the



proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the provisions of the section and not otherwise recovered by or credited to the County.

8.11.8 If the termination hereunder be partial, before settlement of the terminated portion of this Contract, the Contractor may file with the County a request in writing for an equitable adjustment of the price or prices specified in the Contract relating to the continued portion of the Contract (the portion not terminated by the Notice of Termination); and such equitable adjustment as may be agreed upon shall be made in such price or prices.

8.11.9 The County may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this Contract whenever, in the opinion of the County, the aggregate of such payment shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor to the County upon demand together with interest computed at such rate set by the County Comptroller for the period from the date such excess payment is received by the Contractor to the date on which such excess is repaid to the County provided, however, that no interest shall be charged with respect to any excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until 10 days after the date of such retention or disposition, or such later as determined by the County be reasonable under the circumstances.

8.11.10 Unless otherwise provided in this Contract, or by applicable statute, the Contractor shall, from the effective date of termination until expiration of three years after final settlement under this Contract, preserve and make available to the County at all reasonable times at the office of the Contractor but without direct charge to the County all his books, records, documents and other evidence bearing on costs and expenses of the Contractor under this Contract and relating to the work terminated hereunder or, to the extent approved by the County, photographs or other authentic reproductions thereof.

GP-8.12 SUCCESSFUL TERMINATION OF CONTRACTOR'S RESPONSIBILITY A Contract will be considered as successfully fulfilled when work has been completed in accordance with the terms of the Contract; when Final Acceptance as defined in GP-5.12.2 has occurred; and when all of the obligations of the Contractor and his Surety have been fulfilled.

END OF SECTION

GP-9

MEASUREMENT AND PAYMENT

GP-9-1 of 9


GP-9

MEASUREMENT AND PAYMENT

GP-9.01 MEASUREMENT OF QUANTITIES FOR UNIT PRICE CONTRACTS For all items of work, other than those to be paid by lump sum, after work is completed and before final payment is made therefore, the Engineer will make final measurements to determine quantities of various items of work Performed as the basis for final settlement. The Contractor, in the case of unit price items, will be paid for actual amount of work performed and for actual amount of materials in place, in accordance with the Specifications as shown by the final measurements. All work completed under the Contract will be measured by the Engineer according to standards of weights and measures recognized by the National Bureau of Standards.

All longitudinal measurements for area will be made along the actual surface and not horizontally, and no deductions will be made for individual fixtures in pavements having an area of 9 square feet or less. For all transverse measurements for area, the dimensions to be used in calculating the pay area will be neat dimensions shown on the Plans or ordered in writing by the Engineer.

Structures will be measured according to neat lines shown on the Plans or as ordered in writing, unless otherwise provided for elsewhere in the Specifications or in the Special Provisions.

Volumes of excavation, tamped fill and borrow pits where unit prices are given in the Proposal will be calculated from the cross-section area by use of average end area formulae. Volumes of other work such as masonry, removal of masonry, etc. will be calculated by using arithmetical formulae. Where the volume is bounded by varying dimensions and there is no simple volumetric formulae applicable, frequent cross-sections will be taken and the volume computed from average end area formulae.

Cement will be measured by weight in hundredweight (cwt) units.

All items which are measured by the linear foot, such as pipes, culverts, guardrails, under drains, etc., will be measured parallel to the base or foundation upon which such structures are placed, unless otherwise shown on the Plans or indicated in these Specifications.

The term "gage" when used in connection with the measurement of uncoated steel sheet and light plates shall mean the U.S. Standard Gage, except that when reference is made to the measurements of galvanized or aluminum sheets used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing, the term "gage" shall mean that specified in AASHTO M 36, M 167, M 196 or M 197.

When the term gage refers to measurement of wire, it shall mean the wire gage specified in AASHTO M 32.

The term ton shall mean the short ton consisting of 2,000 pounds avoirdupois. All materials specified for measurement by the ton shall be weighed on accurate, approved scales. If material is shipped by rail, the car weight may be accepted provided the actual weight of material only will be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark.

MEASUREMENT AND PAYMENT GP-9-2 of 9


All materials for which measurements are obtained by the cubic yard, loose measurements or measured in the vehicle shall be hauled in approved vehicles and measured therein at point of delivery. No allowance will be made for settlement of material in transit. Approved vehicles for this purpose shall be any size or type acceptable to the Engineer, provided the body is of such shape that the actual contents may be readily and accurately determined. Unless all approved vehicles are of uniform capacity, each approved vehicle must bear a plainly legible identification mark indicating the specific approved capacity. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when vehicles arrive at the point of delivery.

When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard may be weighed, and such weights will be converted to cubic yards for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the laboratory and shall be agreed to by the Contractor before such method of measurement of pay quantities will be approved by the Engineer.

Bituminous material will be measured by volume in the railroad tank car, tank truck, drum or distributor tank of bituminous material delivered for the project. The measurements will be taken when the bituminous material is of a uniform temperature and free from air bubbles, and the temperature of the material will be recorded.

The volumetric measurement of bituminous material for these Specifications will be based upon temperature of 60 Degrees Fahrenheit.

Reference is made to ASTM D 1250, Petroleum Measurement Tables, and ASTM D 633, Volume Correction Table for Tars.

Only the quantity of bituminous material actually placed in the work and accepted will be considered in determining the amount due the Contractor.

Timber will be measured by the thousand board feet measure (Mbm) actually incorporated in the structure. Measurement will be based on nominal widths and thickness and the extreme length of each piece.

The term lump sum when used as an item of payment will mean complete payment for the unit of work described.

When completed structure or structural unit (in effect, lump sum work) is specified as the unit measurement, the unit will be construed to include all necessary work, in place, as specified and shown on the drawings.

Rental of equipment will be measured as detailed in GP-9.04.1.C.

GP-9.02 SCOPE OF PAYMENT FOR UNIT PRICE CONTRACTS It is intended that all work shown on the Plans and included in the Specifications is to be paid for under the items listed in the Bid Form of the Proposal. The absence from the Proposal of bid items specifically described in these Specifications or shown on the Plans shall be interpreted as meaning that the cost of such work contemplated by the Contract Documents shall be included in the prices bid for related items for which quantities have been established.



Unless otherwise specified and listed in the Proposal, the Contractor shall, at his own expense and without cost to the County, be required to furnish and use material, equipment and labor as is necessary and as specified for the proper controlled maintenance of traffic.

Payments to the Contractor will be made at the contract unit prices given in the Proposal, for the actual quantities of Contract items performed in accordance with the Plans and Specifications and if, upon completion of construction, these actual quantities show either an increase or decrease from quantities given in the Proposal, the contract unit prices will still prevail, except as provided in GP-4.07 and GP-9.04 or change orders.

Except as herein provided, the Contractor shall accept the compensation, as herein provided: (1) in full payment for furnishing all material, labor, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; (2) for all loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during prosecution of the work and until its final acceptance by the Engineer; (3) for all risks of every description connected with prosecution of the work; and (4) for all expenses incurred in consequence of the suspension of the work as herein authorized.

In cases where the "Basis of Payment" clauses in the Specifications relating to any unit price in the bid schedule requires that said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material shall not be measured or paid for under any other pay item which may appear elsewhere in the Specifications.

The payment of any partial estimate or of any retained percentage, except by and under the approved final estimate and voucher, in no way affects the obligation of the Contractor to repair or renew any defective parts of the construction, or to be responsible for all damages due to such defects.

GP-9.03 CONTINGENT ITEMS In order to provide for certain contingencies during construction, some contracts will include contingent items for use as work proceeds. These items are only applicable to work when included in the Proposal with prices established before, or at the time of, bidding. Items of work for which a fixed price has been established by the County prior to bidding are described in the technical portion of these Specifications. Contingent items to be bid by the Contractor shall be as specified in the Special Provisions. In absence of this, they will be cared for as described elsewhere in the Specifications for "Extra Work" or as regular bid items.

GP-9.04 FORCE ACCOUNT WORK When the Contractor is required to perform work as a result of additions or changes to the Contract for which there are no applicable unit prices in the Contract, the County and Contractor shall make every effort to arrive at an agreed upon price for performance of such work.

9.04.1 If an agreement cannot be reached, the County may require the Contractor to do such work on a force account basis to be compensated in accordance with the following:

A. Labor

For all labor and foremen in direct charge of the specific operations, the Contractor shall receive the actual wage for each and every hour that said labor and foremen are actually engaged in such work, to which cost shall be added an amount equal to 40%



of the sum thereof. No additional allowance will be considered for Bond, Insurance, Taxes or other fringe benefits. Superintendent's time will not be allowed.

B. Material For material accepted by the Engineer and used, the Contractor shall receive the actual cost of such materials delivered on the work including transportation charges paid by him exclusive of machinery rentals, to which cost shall be added an amount equal to 15%, plus the prevailing Maryland State Sales Tax.

C. Equipment For any trucks, machinery or special equipment (other than small tools and small trucks incidental to the work) the use of which has been authorized by the Engineer and which may be rented from a bonafide rental firm that is an independent legal entity, the Contractor shall receive the invoiced cost of rental not to exceed the current "Rental Rate Blue Book" rates adjusted for that portion of the State of Maryland that includes Anne Arundel County. These rates shall be applied for the actual time that such items are in operation on the work. Use tax is to be reimbursed at cost. Unless there is a prior agreement, the invoiced cost shall be taken to include operating costs. The cost of the operator shall be included in the Contractor's direct labor cost.

For any trucks, machinery or special equipment (other than small tools and small trucks incidental to the work), owned and operated by the Contractor, the use of which has been authorized by the Engineer, the Contractor shall receive rates not to exceed the current "Rental Rate Blue Book" rates adjusted for that portion of the State of Maryland that includes Anne Arundel County. These rates shall be applied for the actual time such items are in operation on the work. Authorized idle time for that equipment which is necessary only for the time and material work and is not used elsewhere on the project will be paid for at fifty percent (50%) of the agreed rates. The estimated operating cost/hour for equipment shall be added to the agreed rates only for periods of operations. Operators shall be separately included in the Contractor's direct labor costs.

If a piece of equipment is not listed in the "Rental Rate Blue Book", the rate will be the prevailing rate being paid in the area where the force account work is being performed.

When equipment is used in excess of 8 hours per day or 40 hours per week, the excess time will be considered overtime. Rental rates for overtime will be the sum of: (1) 50% of the basic rate; (2) 50% of any attachments; and (3) hourly operating cost.

For purpose of definition, equipment with a new cost of five hundred dollars ($500) or less will be considered small tools.

D. Subcontractors

When an item of work is performed on a force account basis by a Subcontractor, qualified according to the provisions of GP-8.01 of the Specifications, an amount



equal to 8% of the total cost (computed as shown in GP-9.04.1.A, B and C shall be added to the final payment for such force account work).

The amount of compensation thus realized by the additional 8% of the cost of the work performed shall be considered as full compensation to the Contractor for administration of the work performed by the Subcontractor under the force account basis.

No additional compensation will be allowed unless the Contract embraces work requiring utilization of particular trades of specialty Subcontractors to do the work. The assignment of work from one Contractor to another to equalize workloads does not qualify the Contractor to which work has been assigned as a Subcontractor.

E. Superintendence

No additional allowance shall be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided.

F. Compensation

The compensation as set forth above shall be received by the Contractor as payment in full for Change Order work done on a force account basis. At the end of each day the contractor's representative and the Engineer shall compare records of the cost of work as ordered on a force account basis.

G. Statements

No payment will be made for work performed on a force account basis until the Contractor furnishes the Engineer duplicate itemized statements of the cost of such force account work detailed as to the following:

1. name, classification, date, daily hours, total hours, rate and extension for such laborer and foreman;

2. designation, dates, daily hours, rental rate and extension for each unit of machinery and equipment;

3. quantities of materials, prices and extensions;

4. transportation of materials;

5. requests for payment for items under paragraphs 3 and 4 shall be accompanied by original receipted invoices for materials used and transportation charges. If, however, materials used in force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the original invoices the request for payment shall contain or be accompanied by an affidavit of the Contractor which shall certify that: such materials were taken from his stock; the quantity claimed was actually used; and the price and transportation of the material as claimed represent actual cost.

For materials and supplies expended in performance of, but not incorporated in, the work (excluding those required for rented equipment) and approved by the Engineer, the Contractor shall receive the actual cost of such materials and supplies used. The



Contractor shall receive a reasonable allowance for materials used but not expended in performance of the work.

GP-9.05 ELIMINATED ITEMS Should any Contract items contained in the Proposal be found unnecessary for proper completion of the work contracted, the Engineer may, upon written order to the Contractor, eliminate such Contract items from the Contract under the terms and conditions described under GP-4.07. Such action will in no way invalidate the Contract, and no allowance will be made for items so eliminated in making final payment to the Contractor except as stipulated in GP-4.07 and/or for such work as may have been done, materials actually delivered and bonafide equipment costs before notification of elimination of the items.

GP-9.06 PARTIAL PAYMENTS

9.06.1 Monthly Estimates

The Contractor shall submit in writing in the format designated in Notice to Proceed, a monthly estimate, such as he shall believe to be just and fair, of the amount of work done under each item of the Contract during the preceding month, with the exception of the month following that during which the work under the Contract is completed. The estimate shall not be required to be made by strict measurements but may be approximate only, and shall be subject to correction in later estimates. Monthly estimates may, at the discretion of the County, contain an allowance for materials delivered upon the site but not incorporated in the work, and the Contractor may be entitled to receive payment therefore. The estimate shall be submitted to the Office of the County Controller, who shall forward it to the Engineer for verification and approval. The estimate submission date shall be established on a monthly basis from the date of Notice to Proceed. A Standard Format for billing will be supplied to the Contractor at the time that the Notice to Proceed is issued.

Each month the County will pay to the Contractor the Contract value of work satisfactorily performed during the preceding calendar month, less 10% subject to qualifications below; provided however, that the County may retain out of such payment any or all sums which, by the terms of the Contract, or of any law of the State of Maryland, in force at the date of the signing of the Contract, it is authorized to retain.

After 50% of the total Contract value has been completed, in place, and 10% has been retained on this amount, the County may make the remaining partial payments in full, provided the Contractor is maintaining a rate of progress that is within 10% of his schedule. In the event the Contractor falls behind his schedule more than 10%, the normal 10% retainage will be withheld for each month that he is behind schedule by 10% or more. At such time as the Contractor's progress returns to within 10% of his schedule, the Department may make the remaining partial payments in full; however, retainage previously withheld will not be released on subsequent monthly payments.

Upon the Conditional Acceptance of the work, the withheld amount shall never decrease below 5% until a Maintenance Bond is substituted in lieu of the retainage.



Conditional Acceptance occurs on the date certified by the Engineer that construction, including all "punch-list" items, is sufficiently complete, in accordance with the Contract documents, so that the County can occupy or utilize the work for which it is intended.

9.06.2 Conditional Acceptance Payment A. Upon completion of work and conditional acceptance by the County of the project,

the County at the Contractor's request and with consent of Surety, will pay the Contractor, within 30 calendar days of said request, what is hereby designated as a Conditional Acceptance Payment. Such a Conditional Acceptance Payment will be based upon quantities the Engineer has verified and set up as final quantities. To arrive at the amount of Conditional Acceptance Payment, there shall be deducted from the estimated value of the Contract: the total of all amounts previously paid to the Contractor as current estimates; sums deemed chargeable against the Contractor including liquidated damages; and a retainage as determined under GP-9.06.1.

B. In cases where there has been substantial completion of the project or useable portions of the work and there are remaining only inconsequential or minor work items such as seeding, mulching, or planting to be completed and such items cannot be completed for an extended period of time because of seasonal or weather conditions, there may be an inspection of the completed portion for Conditional Acceptance. Upon the conditional acceptance, the County, within 30 days from such conditional acceptance, upon request of the Contractor and with consent of Surety, shall pay to the Contractor, the Conditional Acceptance Payment for that part completed. Such a partial Semi-Final Payment will be based upon quantities the Engineer has verified and set up as proposed final quantities for those items deducted from the apparent estimated value of the Contract: the total of all amounts previously paid to the Contractor as current estimates; sums deemed chargeable against the Contractor including liquidated damages; and a retainage based upon total value of the Contract sum remaining as determined by GP-9.06.1.

9.06.3 Evidence of Payment The Contractor shall furnish the County with satisfactory evidence, before or within 10 days after the conditional acceptance of the work under the Contract, that all persons, partnership and corporations who have done work or furnished materials under the Contract, or in or about the work contracted for, and who have given written notice to the County of claims against the Contractor on account thereof, have been fully paid or secured.

In the event such evidence is not furnished by the Contractor, such amount as may be deemed necessary by the County to pay such claims may be retained by the County out of any money due the Contractor under the Contract until such claims shall have been fully discharged or such notice withdrawn. The County may also, with the written consent of the Contractor, use any money retained, due or to become due under the Contract for the purpose of paying for both labor and material for the work for which claims have been filed with the County.



9.06.4 Maintenance Bond

A Maintenance Bond may be furnished by the Contractor, if approved by the Engineer, in accordance with GP-5.12.3, in lieu of the retainage.

GP-9.07 FINAL PAYMENT 9.07.1 The Engineer will notify the Contractor that he is eligible for Final Payment after the

expiration date of the Contract guarantee period or upon receipt and approval of the Contractor Maintenance bond. The notification will include a statement setting forth (a) additional work performed under approved Extra Work and/or Additional Work Authorizations, (b) authorized extensions of time, (c) number of working days the Engineer proposed to consider as having been used to complete the Contract, (d) a tabulation of proposed final quantities, and (e) any deductions, charges or liquidated damages the Engineer proposed to make and/or impose.

Payment for full apparent value of the Contract thus determined shall become due and payable to the Contractor within 90 days after acceptance of the project by the Engineer and assumption of responsibility for maintenance by the County, as herein provided. No payment shall be made on any monies which are withheld by the County pursuant to a good faith determination communicated to the Contractor in writing that such retention under the Contract, including but not limited to assessment of liquidated damages, credits for substituted materials, and denials of claims for compensation for extra work, is reasonable and necessary.

9.07.2 The Contractor shall then have a period of 14 working days, dating from the date upon which he received the data at the office of record for the Contract noted in GP-9.07.1 above, in which (a) to decide whether or not he will accept Final Payment upon such a basis, and (b) to notify the Engineer, in writing, of his decision. The Contractor may request an additional period up to 14 days in which to notify the Engineer of his decision. In the event the Contractor notifies the Engineer that he protests Final Payment on such a basis, that notification shall outline the reason(s) for said protest.

9.07.3 Upon receipt of a notification of acceptance, the Contractor shall prepare the Final Request for Payment and submit it to the County Comptroller. Payment by the County of the request shall be deemed to constitute Acceptance of Final Payment.

9.07.4 If, under the provisions of GP-9.07.2, the Contractor notifies the Engineer of his protest and non-acceptance of the data submitted to him, the County shall, with consent of Surety, pay the Contractor an amount based upon the data noted in GP-9.07.1, with deductions for all prior payments and a retainage in the amount of $1,000.00. The acceptance of such Additional Semi-Final Estimate shall not be considered as a waiver on the part of the Contractor of his right to pursue his protest and press for Acceptance and Final Payment. This additional Semi-Final Estimate shall not be paid until the Contractor complies with GP-9.07.2.

9.07.5 In the event the Contractor does not accept the data submitted to him as described in GP-9.07.1, the Engineer and Contractor shall confer, at mutually convenient times, and endeavor to reconcile all points of disagreement expeditiously. If reconciliation is



accomplished, the Engineer and the County will promptly proceed with Acceptance and Final Payment on the reconciled basis.

If reconciliation is not accomplished within 30 days, the dispute will be referred to the Chief Engineer and processed by procedures set forth in GP-5.12. If such procedures produce a complete reconciliation of all points in question, then the Chief Engineer and County will proceed with Acceptance and Final Payment on this reconciled basis. If such procedures do not produce complete reconciliation, then the Chief Engineer shall submit to the County Comptroller the Final Estimate and Final Payment forms as recommended by him for payment.

9.07.6 All prior partial estimates and payments shall be subject to correction at the time of acceptance and Final Payment; and if the Contractor has been previously overpaid, the amount of such overpayment shall be set forth in the Final Payment Forms, and the Contractor hereby agrees that he will reimburse the County for such overpayment together with interest computed at such rate as set by the County Comptroller for the period from the date of notification by the County of the overpayment to the date such overpayment is reimbursed to the County, and his Surety will not be granted release from obligations under the terms of the Contract until reimbursement and interest payment has been made in full.

GP-9.08 PAYMENT WITHHELD The Engineer may decline to verify and approve payment or he may nullify the whole or any part of any verification and approval previously issued, to such extent as may be necessary in his opinion to protect the Owner from loss because of:

A. defective work not remedied,

B. failure of the Contractor to make payments properly to subcontractors or for labor, materials, or equipment,

C. reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum,

D. damage to the Owner or another Contractor,

E. reasonable evidence that the work will not be completed within the Contract Time.

F. such other cause in the best interest of the County and the sole discretion of the Engineer.

When the above grounds are removed, payment shall be made for the amounts withheld because of them.

END OF SECTION

GP-10

GENERAL REQUIREMENTS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS

BY DEVELOPERS

GP-10-1 of 1


GP-10

GENERAL REQUIREMENTS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS BY DEVELOPERS

GP-10.01 GENERAL Privately constructed public improvements constructed under agreements with the Department of Public Works which are to be incorporated into the County's systems shall be constructed in accordance with these Standard Specifications. All public improvements will be inspected by the County and will be accepted only if all improvements meet the applicable requirements contained herein.

GP-10.02 PROCEDURAL RELATIONSHIP The procedural relationship between Developers and the County shall be governed by these Standard Specifications, the Anne Arundel County Subdivision Regulations, and/or the specific agreements with the Department of Public Works. Unless the Developer's contractor is a party to the Public Works Agreement, or a Special Agreement with the County, the Developer shall be solely responsible for all work performed until Final Acceptance by the County.

END OF SECTION

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