TC - SECTION 3: SCOPE OF WORK

From MDOT Policy Manual
Jump to: navigation, search

TC-3.01 GOVERNING ORDER OF CONTRACT DOCUMENTS

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, including but not limited to the Standard Specifications, the Special Provisions Inserts, the PlansThe official drawings issued by the Administration as part of the Contract Documents, including those incorporated in the Contract Documents by reference., Special Provisions, and all supplementary documents are essential parts 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., and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of any discrepancy between the drawing and figures written thereon, the figures, unless obviously incorrect, will govern over scaled dimensions. In the event of any discrepancy between the various 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, the governing order from highest to lowest shall be Special Provisions, PlansThe official drawings issued by the Administration as part of the Contract Documents, including those incorporated in the Contract Documents by reference., Special Provisions Inserts, and Standard Specifications.
General Provisions will govern over all 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 unless expressly provided for 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..


TC-3.02 CONSTRUCTION DOCUMENTS TO SUCCESSFUL BIDDER

The bidders on each Contract advertised by the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. are responsible to download the PlansThe official drawings issued by the Administration as part of the Contract Documents, including those incorporated in the Contract Documents by reference., Invitation for BidsAny 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. Books, Cross Sections (if provided), and As-Built PlansThe official drawings issued by the Administration as part of the Contract Documents, including those incorporated in the Contract Documents by reference. (if provided) during the bidding process from the websites listed elsewhere in the Invitation for BidsAny 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.. Upon award and if requested, the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02. will provide the successful bidder electronic copies of PlansThe official drawings issued by the Administration as part of the Contract Documents, including those incorporated in the Contract Documents by reference., Invitation for BidsAny 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. Books Cross Sections (if included), and As-Built PlansThe official drawings issued by the Administration as part of the Contract Documents, including those incorporated in the Contract Documents by reference. (if included).


TC-3.03 RIGHTS IN THE USE OF MATERIALS FOUND ON THE PROJECT

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., with the approval of the EngineerAny person designated by the Administrator or the procurement officer, acting directly or through his duly authorized representative, such representative acting within the scope of the particular duties assigned to him or of the authority given him. may use on the project any excavated stone, gravel, sand, or other material conforming to the requirements of 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.
When these materials are used for select, capping, modified, or common borrow and conform to the pertinent materials Specifications, payment will only be made at the Contract unit 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 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. will be paid both for the excavation of such materials at the Contract unit price and at the Contract unit price for which the material is used. 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 replace with other acceptable material all of the portion of the excavated material removed and used that was needed for use in the embankments, backfills, approaches, or otherwise, at no additional cost to the AdministrationShall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP 1.02..
If however, these materials are not processed and paid for as described in the preceding paragraph, and their use creates a shortage of embankment, backfill, approaches, or other material, 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 acceptable replacement material for all the material needed for embankments, backfills, approaches, or otherwise. In this case, the replacement material shall be paid for at the unit price for the item the Class 1 Excavation is used for, or the unit price bid for the Class 1 Excavation, whichever is the lower unit price bid.
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 excavate nor remove any material that is not within the limits of excavation, as indicated by the slope and grade lines, without written authorization from the EngineerAny person designated by the Administrator or the procurement officer, acting directly or through his duly authorized representative, such representative acting within the scope of the particular duties assigned to him or of the authority given him..


TC-3.04 SAFETY HAZARDS IN CONFINED SPACES

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 gas detection in and ventilation of confined spaces.
When procedures require workers to enter confined spaces such as steel or concrete box section type superstructures, particularly when the interior is closed off at both ends, 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 cognizant of the potential health hazards.
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 adhere to all applicable MOSH 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. shall have approved detecting devices available and shall conduct tests for oxygen content and presence of gases, such as combustible gas, carbon dioxide, methane, carbon monoxide, and hydrogen sulfide whenever any fabrication, erection, or inspection operations are to be performed within the confined spaces. 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 apply mechanical ventilation continuously to the confined space during occupancy to maintain the proper oxygen content and shall conduct air tests periodically during the occupancy.