II. CONTRACT ADMINISTRATION A. Description 1. The work specified in this document consists of providing contract services for operating the bascule BRIDGE owned by the MDOT. The CONTRACTOR will be required to operate this BRIDGE as necessary and as required by law, and to provide custodial services at this BRIDGE. The CONTRACTOR shall provide a competent Project Manager, bridge operators, materials and equipment needed to administer this contract. The Project Manager must be approved by the CONTRACT ADMINISTRATOR. The Project Manager shall have complete authority over the bridge operators and will be responsible for their removal, discipline, schedule etc. He/she or a designated representative will be the contact person for the CONTRACTOR in case of problems, disputes, etc. 2. CONTRACTOR shall perform VISUAL inspections of all electrical, mechanical, and hydraulic equipment at the start of each shift. THE CONTRACTOR shall inform the COMMISSION of any irregularities found immediately upon the completion of the inspection. 3. CONTRACTOR personnel shall be dressed in COMMISSION approved shirts with collars and sleeves, long pants, and safety shoes when on MDOT property. Shirts shall include the CONTRACTOR’S name or logo and the employee's name shall be printed or stitched on the shirt or a patch. All shirts shall be one standard color. CONTRACTOR shall issue a photo identification card to all CONTRACTOR personnel, which shall be worn on MDOT property. This card shall include the individual’s photo, name, job title and company’s name and shall be approved by the CONTRACT ADMINISTRATOR. CONTRACTOR will provide signs identifying the CONTRACTOR as the operator of the BRIDGE. These signs will be affixed to the door of the BRIDGE house. Cost for attire, identification cards and providing and affixing the signs shall be included in the unit price for mobilization. B. Subletting of Contracts The CONTRACTOR shall not sublet, transfer, assign or otherwise dispose of the contract or any portion thereof, or of his right, title or interest therein. C. Non Conformance/Assessment of Liquidated Damage When the COMMISSION determines that the CONTRACTOR has failed to conform to the terms of the contract, as set forth below, after the third warning an assessment of liquidated damages shall be made by the COMMISSION against the CONTRACTOR. Sums assessed as liquidated damages shall not be considered penalties, but as damages due the COMMISSION from the CONTRACTOR for failure to complete the work as contractually required. It is agreed that because of the potential damage to the public and because actual damages would be virtually incapable of determination, both as to amount and existence, at the time of the breech, liquidated damages shall be assessed according to the following: 1. Abandonment of Bridge a. In the event the BRIDGE is left unattended (unattended means not on the bridge site) by a bridge operator or if the CONTRACT ADMINISTRATOR or representative finds it necessary to remove a bridge operator due to his inability to perform the duties listed in this contract as determined by the CONTRACT ADMINISTRATOR, the contractor shall replace the bridge operator within one (1) hour. After the third incident, an assessment shall be made of $200.00 per hour for each continuous whole hour the BRIDGE is left unattended. b. For purposes of this section, if the BRIDGE is left unattended, the CONTRACT ADMINISTRATOR shall assume that the bridge operator abandoned the BRIDGE at the time of the last entry in the bridge opening log unless other compelling evidence can be presented to show otherwise. 2. Other Cases of Non-Conformance - All other cases of non-conformance shall result in an assessment of up to $200.00 per occurrence after the third warning as determined by the CONTRACT ADMINISTRATOR, until conformance is achieved. Specific tasks to which the CONTRACTOR must conform include, but are not limited to the following: a. Operate BRIDGE according to bridge operator’s competency qualification form. b. Post the Acknowledgment Forms. c. Provide CONTRACT ADMINISTRATOR with complete bridge operator’s competency certification form. d. Provide proper supervisory personnel. e. Update and provide to the CONTRACT ADMINISTRATOR all bridge opening logs. Inform the CONTRACT ADMINISTRATOR of mechanical/ electrical malfunction and/or failure to correct malfunction. f. Inform the CONTRACT ADMINISTRATOR of malfunctioning navigation lights. g. Inform the CONTRACT ADMINISTRATOR of events that may have jeopardized bridge structural integrity. h. Inform the CONTRACT ADMINISTRATOR any time bridge operation is limited or stopped. i. Project Manager or a designee respond within fifteen (15) minutes to any telephone call made to the contractor by the COMMISSION. j. Project Manager or a designee respond in person within thirty (30) minutes when requested. k. Advise the CONTRACT ADMINISTRATOR when the Project Manager serves as a bridge operator. l. Inform the CONTRACT ADMINISTRATOR of any complaints from citizens or public agencies. m. Notify the U.S. Coast Guard and the CONTRACT ADMINISTRATOR within thirty (30) minutes of any restriction to waterborne traffic. n. Update and provide to the CONTRACT ADMINISTRATOR all forms as required by the COMMISSION and the U.S. Coast Guard. o. Resolve discrepancies noted on the Contractor’s Operations Inspection Form within five (5) calendar days. p. Operate the BRIDGE using a certified bridge operator. (Certified means documented training and testing provided by the Project Manager)
