GP - SECTION 1: DEFINITIONS AND TERMS

GP-1.01 GENERAL

Portions of Part III Technical Requirements of these Standard Specifications for Construction and Materials are written in the Active Voice writing style.

Wherever in these General Provisions or in other Contract Documents the terms or abbreviations are used, the meaning shall be as provided herein.

GP-1.02 ORGANIZATIONAL STRUCTURE

The Maryland Department of Transportation is composed of the following Administrations:

(i) Maryland Port Administration

(ii) Maryland Transit Administration

(iii) State Highway Administration

(iv) Maryland Aviation Administration

(v) Motor Vehicle Administration

(vi) Maryland Transportation Authority; and

(vii) Office of the Secretary

GP-1.03 ORGANIZATIONAL DEFINITIONS

Administration—The word "Administration" shall mean any one of the Administrations within the Maryland Department of Transportation, as listed in GP-1.02.

Administrator—The chief executive officer of an Administration.

Department—The word "Department" shall mean the Maryland Department of Transportation.

Engineer—Any 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.

Inspector—The authorized representative of the procurement officer assigned to make detailed inspection of any or all portions of the work, or materials therefore.

Procurement Officer—Any person authorized by a State agency in accordance with law or regulations to formulate, enter into, or administer Contracts or make written determinations and findings with respect to them. The term also includes an authorized representative acting within the limits of authority.

Secretary—The chief executive officer of the Maryland Department of Transportation.

GP-1.04 ABBREVIATIONS

AAN		American Association of Nurserymen
AAPA		American Association of Port Authorities
AAR		Association of American Railroads
AASHTO		American Association of State Highway and Transportation Officials
ACI		American Concrete Institute
AIA		American Institute of Architects
AIEE		American Institute of Electrical Engineers
AISC		American Institute of Steel Construction
AISI		American Iron and Steel Institute
ANSI		American National Standards Institute
ARA		American Railway Association
AREA		American Railway Engineering Association
ASCE		American Society of Civil Engineers
ASHRAE		American Society of Heating, Refrigeration and Air Conditioning Engineers
ASLA		American Society of Landscape Architects
ASME		American Society of Mechanical Engineers
ASTM		American Society for Testing and Materials
ATA		American Transit Association
AWWA		American Water Works Association
AWS		American Welding Society
AWPA		American Wood Preservers Association
AGC		Associated General Contractors of America
BOCA		Building Officials Conference of America
COMAR		Code of Maryland Regulations
CRSI		Concrete Reinforcing Steel Institute
EEI		Edison Electric Institute
EIA		Electronic Industries Association
EPA		Environmental Protection Agency
FAA		Federal Aviation Administration, U.S. Department of Transportation
FCC		Federal Communications Commission
FHWA		Federal Highway Administration, U.S. Department of Transportation
FRA		Federal Railway Administration, U.S. Department of Transportation
FSS		Federal Specifications and Standards, General Services Administration
FTA		Federal Transit Administration
IEEE		Institute of Electrical and Electronic Engineers
IES		Illuminating Engineers Society
IMSA		International Municipal Signal Association
IPCEA		Insulated Power Cable Engineers Association
IRT		Institute for Rapid Transit
MASH		Manual for Assessing Safety Hardware
MBMA		Metal Building Manufacturers' Association
MOSH		Maryland Occupational Safety and Health
MSMT		Maryland Standard Method of Tests (as developed by the Maryland Department of Transportation State Highway Administration)
MdMUTCD		Maryland Manual on Uniform Traffic Control Devices
NBFU		National Board of Fire Underwriters
NBS		National Bureau of Standards
NCHRP		National Cooperative Highway Research Program
NEC		National Electric Code
NESC		National Electric Safety Code
NEMA		National Electrical Manufacturers' Association
NFPA		National Fire Protection Association
OSHA		Occupational Safety and Health Administration
RLMI		Reflector and Lamp Manufacturers' Institute
SAE		Society of Automotive Engineers
SAWP		Society of American Wood Preservers
SSPC		Society for Protective Coatings
UL		Underwriters Laboratories, Incorporated
QPL		Qualified Products List

GP-1.05 DEFINITIONS

Award—The transmission by the procurement agency, after all necessary approvals have been obtained, of:

(1) The executed Contract; or

(2) Written notice of award to the selected vendor.

Bid—A statement of price, terms of sale, and description of the supplies, services, construction or construction related services offered by a bidder to the State in response to an Invitation for Bids.

Bid Bond—See Proposal Guaranty.

Bid Form—The approved form on which an Administration requires bids to be set forth and submitted.

Bidder—A person formally submitting a bid for the work contemplated, acting directly or through a duly authorized representative.

Board—The Board of Public Works of the State of Maryland.

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

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

Change Order—A written order signed by the responsible procurement officer, directing a Contractor to make changes which the changes clause of a Contract authorizes the procurement officer to order with or without the consent of the Contractor. TC-1.03 shall also apply.

Construction—The process of building, altering, repairing, improving, or demolishing any structure, building, or other improvement to real property. Construction includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property. Construction does not include the maintenance or routine operation of an existing improvement to real property, or activities related to an energy performance Contract.

Contract—Any agreement

(1) In writing except as otherwise authorized; and

(2) 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:

(1) Collective bargaining agreements with employee organizations or agreements creating employer-employee relationships, as defined in State Personnel and Pensions Article, §13-101, Annotated Code of Maryland; or

(2) Medicaid, Medicare, Judicare, or similar reimbursement contracts for which user eligibility and cost are set by law or regulation.

Contract Documents—The 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 the Contractor 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 extensions.

Contract Drawings—See definition of "Plans."

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

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

Contractor—Any 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.

Day—Calendar day unless otherwise designated.

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

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

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

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

Payment Bond—Security as stated in COMAR 21.06.07.01B as a guarantee that Contractor will pay in full all bills and accounts for materials and labor used in the work, as provided by law.

Performance Bond—Security as stated in COMAR 21.06.07.01B, guaranteeing complete performance of the Contract.

Person—Any individual or a corporation, partnership, sole proprietorship, joint stock company, joint venture, unincorporated association, union, committee, club, or other organization or legal entity.

Plans—The official drawings issued by the Administration as part of the Contract Documents, including those incorporated in the Contract Documents by reference.

Proposal—The response by an offeror to a request for proposals issued by a procurement agency to obtain goods or labor. The response may include but is not limited to an offeror's price and terms for the proposed Contract, and description of technical expertise, work experience and other information as requested in the solicitation. As used herein the word "proposal" means "bid."

Proposal Guaranty—The security, in the form stated in COMAR 21.06.07.01B, designated in the Proposal, to be furnished by the offeror as a guaranty of good faith to enter into a Contract with the State, if the work of constructing the improvement is awarded to the offeror.

Resident Business—A business whose principal office or principal base of operations is located in the State.

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

Responsive Bid—A bid submitted in response to an Invitation for Bids that conforms in all material respects to the requirements contained in the Invitation for Bids.

Specification—A written description of functional characteristics, or the nature of a construction item to be procured. It may include a statement of any of the user's requirements and may provide for inspection, testing, or preparation of a construction item before procurement.

State—The State of Maryland acting through its authorized representative.

Subcontract—Any agreement entered into by the Contractor or a subcontractor for a portion of the construction or any other part of the work in connection with, and under the terms of, the Contract.

Subcontractor—Any person undertaking a portion of the construction or any other part of the work under the terms of the Contract, by virtue of an agreement with the Contractor or a subcontractor who, prior to such undertaking has received the approval of the Administration. Subcontractor does not include an employee with an employment contract, or an employee organization with a collective bargaining agreement.

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

Supplemental Specifications—Additions and revisions to the Standard Specifications. Generally include new or improved procedures, construction items or materials developed subsequent to the publication of Standard Specifications.

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

Third Tier Contracting—The 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.

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