GP - SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

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GP-7.01 COMPLIANCE WITH LAWS

The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. hereby represents and warrants that:
(a) It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;
(b) It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including, but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.;
(c) It shall comply with all Federal, State and local laws, regulations and ordinances applicable to its activities and obligations under this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., including the provisions of COMARCode of Maryland Regulations Title 21 that are applicable to construction Contracts and which are incorporated herein by reference; and
(d) All requirements set forth in Federal assistance instruments applicable to this Contract shall be satisfied. Therefore, to the extent that the requirements which are specified in the assistance instrument conflict with regulations adopted under COMARCode of Maryland Regulations Title 21, the former shall control.


GP-7.02 PERMITS AND LICENSES

(a) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall procure at his own expense such permits, licenses, insurance and governmental approval as may be necessary in order to comply with Federal, State and local laws, ordinances and regulations in performance of the work. He shall further give all notices necessary and incidental to the due and lawful prosecution of the work.
(b) Federal permits, from the U.S. CorpsUnited States Army Corps of Engineers of Engineers, Environmental Protection Agency, and/or United States Coast Guard, for erection of structures in tidal waters will be obtained by the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. and the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall comply with the requirements of such permits. Any required Federal permits, however, desired by the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. for temporary structures such as docks, piers, anchorages, etc., must be applied for and obtained by the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement..


GP-7.03 PATENTED DEVICES, MATERIALS, AND PROCESSES

If the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. 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 AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02.; if no such agreement is made or filed as noted, the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. and the surety shall indemnify and save harmless the StateThe State of Maryland acting through its authorized representative., any affected third party, or political 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, protect and save harmless the StateThe State of Maryland acting through its authorized representative., its officers, agents and employees with respect to any claim, action, cost or judgement for patent, trademark or copyright infringement, arising out of purchase or use of materials, construction, supplies, equipment or services covered by this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation..


GP-7.04 FEDERAL PARTICIPATION

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 ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., and will not interfere, in any way, with the rights of either party hereunder.


GP-7.05 CONSTRUCTION SAFETY AND HEALTH STANDARDS

It is a condition of this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., and shall be made a condition of each subcontract entered into pursuant to this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., that the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. 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 and regulations (Title 29, Code of Federal Regulations, Part 1926, formerly Part 1518, as revised from time to time) promulgated by the United States SecretaryThe chief executive officer of the Maryland Department of Transportation. of Labor, in accordance with Section 107 of the Contract WorkWork 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. 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, of the Labor and Employment Article, Title 5 of the Annotated Code of Maryland (as the same may be amended from time to time).
The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. and each subcontractor shall permit inspection without delay and at any reasonable time on any premises where the work is being performed by a federal or state inspector authorized to investigate compliance with the above mentioned federal and state statutes and regulations.
The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. further agrees to correct any violations found to exist during such inspection within a reasonable time after the issuance of any citation, unless he contests the validity thereof through the appropriate administrative and judicial process.


GP-7.06 PUBLIC CONVENIENCE AND SAFETY

The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. at all times shall conduct the work in such a manner as to ensure the least practicable obstruction to all forms of traffic. The convenience of the general public, tenants, and of the residents along and/or adjacent to the improvement shall be provided for. EquipmentAll machinery, tools, and apparatus necessary for the proper construction and acceptable completion of the work, together with the necessary supplies for upkeep and maintenance. and/or materials stored upon the project shall be placed so as to cause a minimum of obstruction to the public. Sprinkling shall be performed at the direction of the procurement officer. The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall, unless otherwise specified, provide and maintain in passable condition such temporary access, roads and bridges as may be necessary to accommodate traffic diverted from the project under construction, or using the project under construction and shall provide and maintain in a safe condition temporary approaches to, and crossings of the project. Existing Department 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 Department 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 ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.. 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 such hydrant. All footways, gutters, sewer inlets and portions of the project adjoining the work under construction shall not be obstructed more than is absolutely necessary. WorkWork 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. closed down for the winter or at any other times shall be left entirely accessible at all points to fire apparatus.


GP-7.07 DETOURS

Detours may be indicated in the Contract DocumentsThe written agreement executed between an Administration 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 Administration is obligated to compensate him therefore at the mutually established and accepted rate or price. The Contract Documents shall include the Invitation for Bids, Notice to Contractors, Instructions to Bidders, Proposal, Contract Forms and Bonds, General Provisions, Specifications, Supplemental Specifications, all Special Provisions, all Technical Provisions, all Plans and Notices 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, or at the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'s request traffic may be detoured over approved routes along existing roads when acceptable to the procurement officer. Detours over existing State roads will be designated, marked and maintained by the appropriate Administrations. All other detours will be the responsibility of the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement..


GP-7.08 BARRICADES AND WARNING SIGNS

The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. 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 the protection of the work and safety of the public. All highways and other Department facilities closed to vehicular traffic shall be protected by effective barricades, and obstructions shall be illuminated during hours of darkness with electric lights.
The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall erect warning signs in advance of any place on the project where operations may interfere with the use of the facility by vehicular traffic, and at all other points where the 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, or as directed.
The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall furnish, erect and maintain warning and direction signs in the number required by the procurement officer and at locations designated by the procurement officer 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 (MdMUTCDMaryland Manual on Uniform Traffic Control Devices) for Streets and Highways. Signs must be freshly painted and adequately reflectorized before being placed on any project. No work may be performed or begun unless an adequate number of signs of the proper category are in place.
In cases where the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'s sequence of operations results in grade differentials which would be hazardous to vehicular traffic the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall, at the direction of the procurement officer provide suitable substantial traffic barriers to the extent determined by the procurement officer.


GP-7.09 FLAGGING OF MOTOR VEHICLE TRAFFIC

For all construction Contracts requiring the flagging of motor vehicles licensed for operation on the highways of Maryland, said flagging shall be conducted as specified in the Manual on Uniform Traffic Control Devices for Streets and Highways.


GP-7.10 MAINTENANCE OF TRAFFIC

Unless otherwise noted in the Special Provisions, it shall be the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'s responsibility to maintain pedestrian and vehicular traffic safely, adequately and continuously on all portions of existing facilities affected by his work. In addition to existing facilities undergoing improvement, this also applies to crossroads, approaches, crossovers, and entrances affected or made necessary by his work.


GP-7.11 PRESERVATION AND RESTORATION OF PROPERTY

(a) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall not enter upon public or private property (outside of the right-of-way or project area) for any purpose without obtaining permission and he shall be responsible for the preservation of all public and private property, trees, monuments, signs and markers, and fences thereon, and shall use every precaution necessary to prevent damage or injury thereto. All Department signs and markers that are affected by the work shall be carefully removed when grading operations begin and delivered to the procurement officer. The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall take suitable precaution to prevent damage to underground or overhead public utility structures; shall protect carefully from disturbances or damages all land monuments and property marks until the procurement officer has referenced their location; and shall replace them as directed by the procurement officer.
(b) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. 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 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 at consequence of the nonexecution thereof on the part of the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement., he shall restore, at his own expense, such property to a condition similar to, or equal to, that existing before such damage or injury, in an acceptable manner. In case of the failure on the part of the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. to restore such property or make good such damage or injury, the procurement officer 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 ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. under this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation..


GP-7.12 LAND, AIR, AND WATER POLLUTION

(a) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall incorporate all permanent erosion control features into the work at the earliest practicable time as required by the Contract DocumentsThe written agreement executed between an Administration 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 Administration is obligated to compensate him therefore at the mutually established and accepted rate or price. The Contract Documents shall include the Invitation for Bids, Notice to Contractors, Instructions to Bidders, Proposal, Contract Forms and Bonds, General Provisions, Specifications, Supplemental Specifications, all Special Provisions, all Technical Provisions, all Plans and Notices 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. Temporary pollution control measures will be used to correct conditions that develop during construction that were not foreseen during design; that are needed prior to installation of permanent pollution control features; or that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project.
(b) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'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 procurement officer shall be kept advised of all such off site control measures taken by the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.. This shall not relieve the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. of the basic responsibilities for such work.
(c) In case of failure on the part of the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. to control erosion, pollution or siltation, the procurement officer reserves the right to employ outside assistance or to use his own forces to provide the necessary corrective measures. All expenses incurred by the procurement officer in the performance of such duties for the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall be withheld from monies becoming due to the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement..
(d) Contractors and suppliers must submit evidence to the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. that the governing Federal, State and local air pollution criteria will be met. This evidence and related documents will be retained by the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. for on-site evaluation.


GP-7.13 RESPONSIBILITY FOR DAMAGE CLAIMS

(a) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall indemnify and save harmless, and shall require that each subcontractor shall indemnify and save harmless the State and all of its representatives from all suits, actions, or claims of any character brought on account of any injuries 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 the construction of the improvement, or on account of any act or omission by the said ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. or subcontractor, 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 copyright, or from any claims or amounts arising or recovered under the Workmen's Compensation Laws, or any other State or local law, bylaw, ordinance, regulation, order or decree whether by himself or his employees or subcontractors. The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. 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 the manner or method of executing said work satisfactorily or due to the 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.
(b) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall conduct his operations upon the right of way of any railroad company fully within the rules, regulations and requirements of the railroad company. The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall be responsible for acquainting himself with such requirements as the railroad company may demand.
(c) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall be held responsible for any accidents that may happen to the railroad company as a result of his operations.
(d) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. 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 the terms of GP-7.15 except from accidents which are attributable to his negligence.


GP-7.14 LIABILITY INSURANCE

On AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. Contracts, in addition to GP-7.14 Liability Insurance, TC-5.01 Insurance shall apply.

Prior to the start of work on this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall submit to the procurement officer a certificate of insurance indicating that he carries comprehensive general public liability and property damage insurance in the amounts specified elsewhere in the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.. On AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. Contracts the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall submit to the procurement officer a certificate of insurance prior to the execution of the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation..
The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. may require each subcontractor to carry comprehensive general public liability and property damage insurance in amounts sufficient to cover the subcontractor’s exposure under the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., and may require proof of coverage prior to the start of work on each subcontract.


GP-7.15 USE AND POSSESSION PRIOR TO COMPLETION

On AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. Contracts in addition to GP-7.15 Use and Possession Prior to Completion, TC-4.03 Use and Possession Prior to Completion shall apply.

The AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. shall have the right to take possession of or use any completed or partially completed part of the work. Such possession of or use shall not be deemed an acceptance of any work not completed in accordance with the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.. While the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. is in such possession, the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall be relieved of the responsibility for loss or damage to that portion of the work in possession of the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02., other than that resulting from the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'s fault or negligence. If such prior possession or use by the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. delays the progress of the work or causes additional expense to the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement., an equitable adjustment in the Contract price or the time of completion will be made and the Contract shall be modified in writing accordingly.


GP-7.16 CONTRACTOR'S RESPONSIBILITY FOR WORK

(a) Except as herein elsewhere provided, until final acceptance of the work by the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02., the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. 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 rising from the execution or from the nonexecution of the work. The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement., 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 the action of the elements shall be replaced or repaired by the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. at no cost to the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02.. The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall make good or replace at his own expense and as required any AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. furnished material which may be broken, lost through fire, theft, or otherwise damaged, or in any way made useless for the purpose and use intended subsequent to delivery to the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. by the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. and prior to final acceptance of the work even though such breakage, damage, loss or uselessness may result from causes beyond the control of the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement..
(b) In case of suspension of work for any cause whatever, the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall be responsible for the project and shall take such 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 ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., and shall take adequate precautions to protect new growth and other important vegetative growth against injury.


GP-7.17 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICES

At points where the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'s operations are adjacent to properties of railway, telegraph, telephone, and power companies, or are 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 ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement..
The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, that duplication or rearrangement work may be reduced to a minimum and that 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 as a result of being exposed or unsupported, the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall promptly notify the proper authority and shall 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.


GP-7.18 PERSONAL LIABILITY OF PUBLIC OFFICIALS

In carrying out any of the provisions of the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., or in exercising any power or authority granted to them by or within the scope of the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., there shall be no liability upon the AdministratorThe chief executive officer of an Administration., procurement officer or other authorized representatives, either personally or as officials of the StateThe State of Maryland acting through its authorized representative., it being understood that in all such matters they act solely as agents and representatives of the StateThe State of Maryland acting through its authorized representative..


GP-7.19 NO WAIVER OF LEGAL RIGHTS

The AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the 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 ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement., nor from showing that any such measurement, estimate or certificate is untrue or is incorrectly made, nor from showing that the work or materials do not in fact conform to the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.. The AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate and payment in accordance therewith, from recovering from the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. or his sureties, or both, such damage as it may sustain by reason of his failure to comply with the terms of the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.. Neither the acceptance by the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02., or any representative of the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02., 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 AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02., 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 or subsequent breach.


GP-7.20 NONDISCRIMINATION IN EMPLOYMENT

(a) Compliance with State Law and Regulations
(1) State Law
The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. agrees:
(a) Not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, gender identification, marital status, national origin, ancestry genetic information or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the performance of the employment, or the individual’s refusal to submit to a genetic test or make available the results of a genetic test;
(b) To include a provision similar to that contained in subsection (a), above, in any subcontract except a subcontract for standard commercial supplies or raw materials; and
(c) To post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.
(2) Sanctions for Noncompliance
In the event of the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'s noncompliance with the nondiscrimination provisions of this Agreement, the Department shall impose such sanctions as it may determine to be appropriate, including but not limited to:
(a) Withholding of payment to the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. under the agreement until the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. complies, and/or
(b) Cancellation, termination or suspension of the Agreement in whole or in part.
(b) Compliance with Federal Law
Contractors providing materials, equipment, supplies, or services to the State under this Contract herewith assure the State that they are conforming to the provisions of the Civil Rights Act of 1964 and Section 202 of Executive Order 11246 of the President of the United States of America as amended by Executive Order 11375, as applicable.
The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall comply with all applicable Federal laws pertaining to nondiscrimination in employment.


GP-7.21 SANCTIONS UPON IMPROPER ACTS

In the event the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement., or any of its officers, partners, principals or employees, is convicted of a crime arising out of, or in connection with, the procurement of work to be done or payment to be made under this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., the Contract may, in the discretion of the Department, be terminated for default under GP-8.08.
Section 16-203 of the State Finance and Procurement Article of the Annotated Code, and COMAR 21.08.01, which relate to Contracts with persons convicted of bribery, attempted bribery or conspiracy to bribe are incorporated in this Contract by reference.
Section 11-205 of the State Finance and Procurement Article and COMAR 21.08.03 relating to collusion for purposes of defrauding the State are incorporated into this Contract by reference.
Section 16-101 of the State Finance and Procurement Article and COMAR 21.08.04 relating to debarment for offenses other than bribery are incorporated into this Contract by reference.


GP-7.22 NONHIRING OF EMPLOYEES

No official or employee of the State of Maryland, as defined under State Government Article, §5-101, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendancy and term of this contract and while serving as an official or employee of the State become or be an employee of the contractor or any entity that is a subcontractor on this contract.

GP-7.23 CHOICE OF LAW

The Parties hereby agree that:
(a) This Contract was made and entered into in Maryland, and under the laws of Maryland.
(b) The law of Maryland shall govern the resolution of any issue arising in connection with this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., including, but not limited to, all questions concerning the validity of this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.; the capacity of the parties to enter therein; any modification or amendment thereto; and the rights and obligations of the parties hereunder.


GP-7.24 CONTINGENT FEE PROHIBITION

(a) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement., to solicit or secure this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation..
(b) For breach or violation of this warranty, the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. shall have the right to terminate this Agreement without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.


GP-7.25 MULTI-YEAR CONTRACTS CONTINGENT UPON APPROPRIATIONS

If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the StateThe State of Maryland acting through its authorized representative.'s rights or the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'s rights under any termination clause in this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.. The effect of termination of the Contract hereunder will be to discharge both the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. and the State from future performance of the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., but not from their rights and obligations existing at the time of termination. The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.. The State shall notify the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.


GP-7.26 COST AND PRICE CERTIFICATION

(a) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. by submitting cost or price information certifies that, to the best of its knowledge, the information submitted is accurate, complete, and current as of a mutually determined specified date prior to the conclusion of any price discussions or negotiations for:
(1) A negotiated ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., if the total Contract price is expected to exceed $100,000 or a smaller amount set by the procurement officer.
(2) A change order or Contract modification, expected to exceed $100,000 or a smaller amount set by the procurement officer.
(b) The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increase occurring because the ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. furnished cost or price information which, as of the date agreed upon between the parties, was inaccurate, incomplete, or not current.


GP-7.27 CORPORATE REGISTRATION AND TAX PAYMENT CERTIFICATION

Corporations are required to execute a certification of corporation registration and tax payment in the form included in the Contract DocumentsThe written agreement executed between an Administration 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 Administration is obligated to compensate him therefore at the mutually established and accepted rate or price. The Contract Documents shall include the Invitation for Bids, Notice to Contractors, Instructions to Bidders, Proposal, Contract Forms and Bonds, General Provisions, Specifications, Supplemental Specifications, all Special Provisions, all Technical Provisions, all Plans and Notices 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.


GP-7.28 BUY AMERICAN STEEL ACT

The Provisions of COMAR 21.11.02 pertaining to implementation of the "Buy American Steel" Act (Subtitle 3 of Title 17 of the State Finance and Procurement Article of the Annotated Code of Maryland) are incorporated in this Contract by reference.


GP-7.29 MINORITY BUSINESS ENTERPRISE AND AFFIRMATIVE ACTION

(a) This Contract is subject to Executive Order 01.01.170.15, December 9, 1970; amended by Order 01.01.1976.05, July 9, 1976 (Code of Fair Practices), and COMAR 21.11.04 ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement.'s Affirmative Action Plan Review/Approval and Compliance Monitoring Process DOT. This Contract is also subject to the applicable provisions of Title 14, Subtitle 3 of the State Finance and Procurement Article of the Annotated Code of Maryland; COMAR 21.11.03 Minority BusinessA corporation, partnership, individual, sole proprietorship, joint venture, or any other legal entity through which commercial activity is conducted. Enterprise Policies; and provisions of COMAR 11.01.10 which incorporate by reference the current revision of the Minority BusinessA corporation, partnership, individual, sole proprietorship, joint venture, or any other legal entity through which commercial activity is conducted. Enterprise Program. Copies of the Minority BusinessA corporation, partnership, individual, sole proprietorship, joint venture, or any other legal entity through which commercial activity is conducted. Enterprise Program may be obtained from the Department of Transportation Office of Minority BusinessA corporation, partnership, individual, sole proprietorship, joint venture, or any other legal entity through which commercial activity is conducted. Enterprise, P.O. Box 8755, BWI Airport, Maryland 21240. This Contract is also subject to all applicable Federal and State laws and regulations pertaining to Minority BusinessA corporation, partnership, individual, sole proprietorship, joint venture, or any other legal entity through which commercial activity is conducted. Enterprise and Affirmative Action.
(b) To the extent any of the above laws or regulations are applicable to this Contract they are specifically incorporated herein.
(c) Third Tier ContractingThe process in which the Contractor subcontracts a portion of the Contract to a subcontractor who in turn subcontracts a portion of the Contract to a third party. This latter action is termed entering into a third tier Contract.. Two conditions must be met before an AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. may approve a third tier contracting arrangement which may be entered into to meet an MBEMDOT's Office of Minority Business Enterprise goal.
(1) The AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. awarding the Contract must be satisfied that there is no way except by third tier contracting that an MBEMDOT's Office of Minority Business Enterprise goal can be achieved; and
(2) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. must request from the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. in writing, prior to the award of the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation., that approval be granted for each third tier Contract arrangement. The request must contain specifics as to why a third tier contracting arrangement should be approved.
An AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. approving a third tier Contract should do so in writing, setting forth the parameters of the ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation.. All records of the Contract will be maintained by the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. granting approval.
Third tier contracting to meet an MBEMDOT's Office of Minority Business Enterprise goal is to be considered the exception and not the rule.

GP-7.30 PREVAILING WAGE CONTRACTS FOR PUBLIC WORKS

(a) The Provisions of Subtitle 2 of Title 17 of the State Finance and Procurement article of the Annotated Code of Maryland and COMAR 21.11.11 pertaining to Prevailing Wage for Public Works are incorporated in construction Contracts of $500,000 or more by reference.
(b) When all or a portion of the cost of a project is funded by the U.S. Government, and the cost of the project exceeds $2,000 the minimum wage rates and benefits paid to workmen under the Contract shall be those prevailing in the locality as predetermined by the SecretaryThe chief executive officer of the Maryland Department of Transportation. of Labor pursuant to the Davis Bacon Act (40 USC 276a to a-7) and Regulations (29 CFR, Part 5) promulgated thereunder. Davis Bacon rates applicable to this agreement, if any, are specified elsewhere in the Contract Document.


GP-7.31 SMALL BUSINESS PROCUREMENTS

If the solicitation for bid indicates that this procurement has been designated for small business preferences, the appropriate provisions of COMAR 21.11.01 pertaining to small business preferences shall apply and are incorporated herein by reference.


GP-7.32 FINANCIAL DISCLOSURE

The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall comply with the provisions of Section 13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland which requires that every business that enters into Contracts, leases or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more, shall, within 30 days of the time when the aggregate value of these Contracts, leases or other agreements reaches $100,000, file with the SecretaryThe chief executive officer of the Maryland Department of Transportation. of the State of Maryland certain specified information to include disclosure of beneficial ownership of the business.


GP-7.33 POLITICAL CONTRIBUTION DISCLOSURE

The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall comply with Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a procurement contract with the StateThe State of Maryland acting through its authorized representative., a county, or a municipal corporation, or other political subdivision of the StateThe State of Maryland acting through its authorized representative., during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State BoardThe Board of Public Works of the State of Maryland. of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contribution in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State BoardThe Board of Public Works of the State of Maryland. of Elections: (a) before execution of a contract by the StateThe State of Maryland acting through its authorized representative., a county, a municipal corporation, or other political subdivision of the StateThe State of Maryland acting through its authorized representative., and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31. Additional information is available on the State Board of Election website.


GP-7.34 CONFLICT OF INTEREST LAW

It is unlawful for any State officer, employee, or agent to participate personally in his official capacity through decision, approval, disapproval, recommendation, advice, or investigation in any Contract or other matter in which he, his spouse, parent, minor child, brother, or sister has a financial interest or to which any firm, corporation, association, or other organization in which he has a financial interest or in which he is serving as an officer, director, trustee, partner, or employee is a party, or to which any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, is a party, unless such officer, employee, or agent has previously complied with the provisions of State Government Article, Title 15 of the Annotated Code of Maryland.


GP-7.35 PRE-EXISTING REGULATIONS

In accordance with the provisions of Section 11-206 of the State Finance and Procurement Article, Annotated Code of Maryland, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMARCode of Maryland Regulations Title 21) in effect on the date of execution of this Contract are applicable to this ContractAny agreement entered into by a procurement agency for the acquisition of supplies, services, construction, construction related services, architectural services or engineering services.Contract does not include: Collective bargaining agreements with employee organizations or agreements creating employer employee relationships, as defined in Article 64A, Section 15A(a)(3), Annotated Code of Maryland, Medicaid, Medicare, Judicare, or similar reimbursement contracts which user eligibility and cost are set by law or regulation..


GP-7.36 RETENTION OF RECORDS

(a) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall retain and maintain all records and documents, including, but not limited to, cost or pricing data, relating to this Contract for three years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the StateThe State of Maryland acting through its authorized representative., including the procurement officer or his designee at all reasonable times.
(b) The ContractorAny person having a Contract with a procurement agency. Contractor does not include an employee with an employment Contract, or an employee organization with a collective bargaining agreement. shall include the provisions of paragraph (a) in every subcontract.