GENERAL PROVISIONS
GP-3.01AWARD OF CONTRACT (SEE GP-2.19)
Written notice of award shall be sent to the successful bidder. A Notice of Award may be rescinded at any time prior to execution of the Contract by the Administrator.
GP-3.02RETURN OF PROPOSAL GUARANTY
All proposal guaranties, except those of the three lowest bidders, will be returned immediately following opening and the review of the proposals. The guaranty of the three lowest bidders will be returned following the execution of the Contract and approval by the Board, if required. The Contractor has the right to substitute a bid bond for other bid security at any time prior to return of the proposal guaranty.
GP-3.03PERFORMANCE BOND AND PAYMENT BOND
REQUIREMENTS
COMAR 21.06.07.01B .
all construction Contracts in excess of $100,000 each in the amount equal to at least 100 percent of the Contract price. The bonds shall be delivered by the bidder to the Administration no later than the time the Contract is to be executed. If the bidder fails to deliver the required bonds, the bid shall be rejected, the bid security shall be enforced, and award of the Contract may be made to the next lowest responsive and responsible bidder.
COMAR 21.07.02.10 , Exhibit A. shall be in the form specified in
COMAR 21.07.02.10 , Exhibit B. shall be in the form specified in
GP-3.04EXECUTION OF CONTRACT
executed Contract form, and performance and payment bonds (if required), approval by the Board of Public Works, (if required), and execution of the Contract by the Administration.
as the Administration may decide.
Administration shall forward the formal Contract form and the appropriate forms for the payment and performance bonds (if any) to the bidder for execution. The bidder will execute the Contract form and return same, together with fully executed payment and performance bonds (if any), to the Administration within 10 days after receipt of same. After receipt of properly executed Contract form and payment and performance bonds, (if any), the Administration will execute the Contract within 60 days and forward the bidder a copy; provided, however, that the Board has approved the Contract if such approval is required. If the Administration fails to execute the Contract and the period of irrevocability has expired, the bidder may, as its sole remedy, withdraw its bid.
GP-3.05FAILURE TO EXECUTE CONTRACT
Failure of the bidder to execute the Contract and file acceptable security as defined in GP-3.03 within the time aforesaid shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty which shall become the property of the State of Maryland, not as a penalty but in liquidation of damages sustained. Award may then be made to the next lowest responsive, responsible bidder or the work may be readvertised and constructed under Contract or otherwise,
GENERAL PROVISIONS
GP-4.01INTENT OF CONTRACT
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.
and to describe the construction and completion of the work. Anything mentioned in the Specifications and not shown on the Contract drawings, or shown on the Contract drawing and not mentioned in the Specifications shall be of like effect as if it is shown or mentioned in both.
which are manifestly necessary to carry out the intent of the drawings and Specifications or which are customarily performed shall not relieve the Contractor from performing such omitted or misdescribed details of work, but they shall be performed as if fully and correctly set forth and described in the drawings and Specifications.
GP-4.02GENERAL PROVISIONS CONTROLLING
In the event of a conflict between these General Provisions and any other provision of the Contract Documents, these General Provisions shall prevail unless such other provision expressly provides to the contrary.
GP-4.03ENTIRE CONTRACT
The Contract Documents represent the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements either written or oral.
GP-4.04VARIATIONS IN ESTIMATED QUANTITIES
On Administration Contracts, in addition to GP-4.04 Variations in Estimated Quantities, TC-7.08 Eliminated Items shall apply. Where the quantity of a pay item in 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