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General

011GP - Section 6: Control of Material

MD · 2025 Standard SpecificationsBook pages 4849View official source ↗

GENERAL PROVISIONS

GP-6.01GENERAL

All materials shall meet all quality requirements of the Contract. In order to expedite the inspection and testing of the materials, the Contractor shall notify the procurement officer in writing of the sources from which the Contractor proposes to obtain all materials requiring approval, testing, inspection, or certification prior to incorporation into the work as soon as possible after receipt of notification of award of the Contract.

GP-6.02STORAGE AND HANDLING OF MATERIALS

Materials shall be so stored as to assure the preservation of their quality and acceptability for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. Approved portions of the right of way or project site may be used for storage purposes and for the placing of the Contractor's plant and equipment; such storage areas must be restored to their original condition by the Contractor at the Contractor’s expense. Any additional space required must be provided by the Contractor at the Contractor’s expense. Materials shall be handled in such a manner as to preserve their quality and acceptability for the work.

GP-6.03UNACCEPTABLE MATERIALS

(a)Materials represented by samples taken and tested in accordance with the specified tests

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

(b)Unless otherwise allowed by the procurement officer as set forth below, defective

materials shall be removed from the site with any tags, stamps or other markings implying conformance with Specifications removed or obliterated.

(c)Where defects can be corrected, the Contractor may propose such corrective action as

the Contractor deems appropriate to the procurement officer. The procurement officer may approve the corrective action but in so doing does not assume responsibility for the success thereof. Retests will be made to determine the acceptability of the material after corrective measures have been taken. No person other than the procurement officer may change any provision of the Specifications or the Contract without written authorization.

(d)The cost of replacing, correcting and/or removal of defective material will be the

responsibility of the Contractor.

(e)The cost of repairing or replacing other materials damaged by the installation,

correction and/or removal of defective materials will be the responsibility of the Contractor.

GP-6.04ADMINISTRATION FURNISHED MATERIAL

The Contractor shall furnish all materials required to complete the work, except those specified to be furnished by the Administration. Materials furnished by the Administration will be delivered or made available to the Contractor at the point or points specified in the Special Provisions. The cost of handling and placing all materials, after they are delivered to the Contractor, shall be considered as included in the Contract price for the item in connection with which they are used. The Contractor shall be held responsible for all material delivered to the Contractor, and deductions will be made from any monies due to the Contractor to make good any shortages and deficiencies, from any cause whatsoever, and for any damage which may occur after such delivery, and for any demurrage charges. In cases where materials are supplied by the Administration and incorporated in the Contract work by the Contractor, materials inspection and acceptance will not be prerequisite for acceptance of the final product as the product pertains to these items.

GENERAL PROVISIONS TO PUBLIC

GP-7.01COMPLIANCE WITH LAWS

The Contractor 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 Contract;

(c)It shall comply with all Federal, State, and local laws, regulations, and ordinances

applicable to its activities and obligations under this Contract, including the provisions of COMAR 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 COMAR Title 21 , the former shall control.

GP-7.02PERMITS AND LICENSES

(a)The Contractor shall procure at the Contractor’s 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. The Contractor shall further give all notices necessary and incidental to the due and lawful prosecution of the work.

(b)Federal permits, from the U.S. Corps of Engineers, Environmental Protection Agency,

and/or United States Coast Guard, for erection of structures in tidal waters will be obtained by the Administration and the Contractor shall comply with the requirements of such permits. Any required Federal permits, however, desired by the Contractor for temporary structures such as docks, piers, anchorages, etc., must be applied for and obtained by the Contractor.

Source: Maryland Standard Specifications for Construction and Materials, 2025 Edition. Pages 4849 of 1,113.