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Section 10 - Definition of Terms
Section 20 - Proposal Requirements and Conditions
Section 30 - Award and Execution of Contract
Section 40 - Scope of Work
Section 50 - Control of Work
Section 60 - Control of Materials
Section 70 - Legal Regulations and Responsibility to Public
Section 80 - Prosecution and Progress
Section 90 - Measurement and Payment
Section 100 - Contractor Quality Control Program
Section 110 - Methods
of Estimating Percentage of Material within Specifications
(PWL) [pdf, 5 pages, 21kb]
Section 40 - Scope of Work
50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all
questions which may arise as to the quality and acceptability of materials
furnished, work performed, and as to the manner of performance and rate of
progress of the work. He shall decide all questions which may arise as to the
interpretation of the specifications or plans relating to the work, the
fulfillment of the contract on the part of the Contractor, and the rights of
different Contractors on the project. The Engineer shall determine the amount
and quality of the several kinds of work performed and materials furnished which
are to be paid for the under contract.
50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials
furnished shall be in reasonably close conformity with the lines, grades,
grading sections, cross sections, dimensions, material requirements, and testing
requirements that are specified (including specified tolerances) in the
contract, plans or specifications.
If the Engineer finds the materials furnished, work performed, or the finished
product not within reasonably close conformity with the plans and specifications
but that the portion of the work affected will, in his/her opinion, result in a
finished product having a level of safety, economy, durability, and workmanship
acceptable to the owner, he will advise the owner of his/her determination that
the affected work be accepted and remain in place. In this event, the Engineer
will document his/her determination and recommend to the owner a basis of
acceptance which will provide for an adjustment in the contract price for the
affected portion of the work. The Engineer's determination and recommended
contract price adjustments will be based on good engineering judgment and such
tests or retests of the affected work as are, in his/her opinion, needed.
Changes in the contract price shall be covered by contract modifications (change
order or supplemental agreement) as applicable.
If the Engineer finds the materials furnished, work performed, or the finished
product are not in reasonably close conformity with the plans and specifications
and have resulted in an unacceptable finished product, the affected work or
materials shall be removed and replaced or otherwise corrected by and at the
expense of the Contractor in accordance with the Engineer's written orders.
For the purpose of this subsection, the term "reasonably close conformity" shall
not be construed as waiving the Contractor's responsibility to complete the work
in accordance with the contract, plans, and specifications. The term shall not
be construed as waiving the Engineer's right to insist on strict compliance with
the requirements of the contract, plans, and specifications during the
Contractor's prosecution of the work, when, in the Engineer's opinion, such
compliance is essential to provide an acceptable finished portion of the work.
For the purpose of this subsection, the term "reasonably close conformity" is
also intended to provide the Engineer with the authority to use good engineering
judgment in his/her determinations as to acceptance of work that is not in
strict conformity but will provide a finished product equal to or better than
that intended by the requirements of the contract, plans and specifications.
50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans,
specifications, and all referenced standards cited are essential parts of the
contract requirements. 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 case of discrepancy, calculated dimensions will
govern over scaled dimensions; contract technical specifications shall govern
over contract general provisions, plans, cited standards for materials or
testing, and cited FAA advisory circulars; contract general provisions shall
govern over plans, cited standards for materials or testing, and cited FAA
advisory circulars; plans shall govern over cited standards for materials or
testing and cited FAA advisory circulars.
The Contractor shall not take advantage of any apparent error or omission on the
plans or specifications. In the event the Contractor discovers any apparent
error or discrepancy, he shall immediately call upon the Engineer for his/her
interpretation and decision, and such decision shall be final.
50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies
each of the plans and specifications. He shall have available on the work at all
times one copy each of the plans and specifications. Additional copies of plans
and specifications may be obtained by the Contractor for the cost of
reproduction.
The Contractor shall give constant attention to the work to facilitate the
progress thereof, and he shall cooperate with the Engineer and his/her
inspectors and with other contractors in every way possible. The Engineer shall
allocate he work and designate the sequence of construction in case of
controversy between contractors. The Contractor shall have a competent
superintendent on the work at all times who is fully authorized as his/her agent
on the work. The superintendent shall be capable of reading and thoroughly
understanding the plans and specifications and shall receive and fulfill
instructions from the Engineer or his/her authorized representative.
50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract
for and perform other or additional work on or near the work covered by this
contract.
When separate contracts are let within the limits of any one project, each
Contractor shall conduct his/her work so as not to interfere with or hinder the
progress of completion of the work being performed by other Contractors.
Contractors working on the same project shall cooperate with each other as
directed.
Each Contractor involved shall assume all liability, financial or otherwise, in
connection with his/her contract and shall protect and save harmless the owner
from any and all damages or claims that may arise because of inconvenience,
delays, or loss experienced by him because of the presence and operations of
other Contractors working within the limits of the same project.
The Contractor shall arrange his/her work and shall place and dispose of the
materials being used so as not to interfere with the operations of the other
Contractors within the limits of the same project. He shall join his/her work
with that of the others in an acceptable manner and shall perform it in proper
sequence to that of the others.
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal
and vertical control only. The Contractor must establish all layout required for
the construction of the work. Such stakes and markings as the Engineer may set
for either his/her own or the Contractor's guidance shall be preserved by the
Contractor. In case of negligence on the part of the Contractor, or his/her
employees, resulting in the destruction of such stakes or markings, an amount
equal to the cost of replacing the same may be deducted from subsequent
estimates due the Contractor at the discretion of the Engineer.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant
equipment is required to be operated automatically under the contract and a
breakdown or malfunction of the automatic controls occurs, the equipment may be
operated manually or by other methods for a period 48 hours following the
breakdown or malfunction, provided this method of operations will produce
results which conform to all other requirements of the contract.
50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall
be authorized to inspect all work done and all material furnished. Such
inspection may extend to all or any part of the work and to the preparation,
fabrication, or manufacture of the materials to be used. Inspectors are not
authorized to revoke, alter, or waive any provision of the contract. Inspectors
are not authorized to issue instructions contrary to the plans and
specifications or to act as foreman for the Contractor.
Inspectors employed by the owner are authorized to notify the Contractor or
his/her representatives of any failure of the work or materials to conform to
the requirements of the contract, plans, or specifications and to reject such
nonconforming materials in question until such issues can be referred to the
Engineer for his/her decision.
50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work
shall be subject to inspection by the Engineer. The Engineer shall be allowed
access to all parts of the work and shall be furnished with such information and
assistance by the Contractor as is required to make a complete and detailed
inspection.
If the Engineer requests it, the Contractor, at any time before acceptance of
the work, shall remove or uncover such portions of the finished work as may be
directed. After examination, the Contractor shall restore said portions of the
work to the standard required by the specifications. Should the work thus
exposed or examined prove acceptable, the uncovering, or removing, and the
replacing of the covering or making good of the parts removed will be paid for
as extra work; but should the work so exposed or examined prove unacceptable,
the uncovering, or removing, and the replacing of the covering or making good of
the parts removed will be at the Contractor's expense.
Any work done or materials used without supervision or inspection by an
authorized representative of the owner may be ordered removed and replaced at
the Contractor's expense unless the owner's representative failed to inspect
after having been given reasonable notice in writing that the work was to be
performed.
Should the contract work include relocation, adjustment, or any other
modification to existing facilities, not the property of the (contract) owner,
authorized representatives of the owners of such facilities shall have the right
to inspect such work. Such inspection shall in no sense make any facility owner
a party to the contract, and shall in no way interfere with the rights of the
parties to this contract.
50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not
conform to the requirements of the contract, plans, and specifications will be
considered unacceptable, unless otherwise determined acceptable by the Engineer
as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of
this section.
Unacceptable work, whether the result of poor workmanship, use of defective
materials, damage through carelessness, or any other cause found to exist prior
to the final acceptance of the work, shall be removed immediately and replaced
in an acceptable manner in accordance with the provisions of the subsection
titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the
lines shown on the plans or as given, except as herein specified, or any extra
work done without authority, will be considered as unauthorized and will not be
paid for under the provisions of the contract. Work so done may be ordered
removed or replaced at the Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of
the Engineer made under the provisions of this subsection, the Engineer will
have authority to cause unacceptable work to be remedied or removed and replaced
and unauthorized work to be removed and to deduct the costs (incurred by the
owner) from any monies due or to become due the Contractor.
50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load
restrictions in the hauling of materials on public roads beyond the limits of
the work. A special permit will not relieve the Contractor of liability for
damage which may result from the moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to
structures or to any other type of construction will not be permitted. Hauling
of materials over the base course or surface course under construction shall be
limited as directed. No loads will be permitted on a concrete pavement, base, or
structure before the expiration of the curing period. The Contractor shall be
responsible for all damage done by his/her hauling equipment and shall correct
such damage at his/her own expense.
50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work
during construction and until the work is accepted. This maintenance shall
constitute continuous and effective work prosecuted day by day, with adequate
equipment and forces so that the work is maintained in satisfactory condition at
all times.
In the case of a contract for the placing of a course upon a course or subgrade
previously constructed, the Contractor shall maintain the previous course or
subgrade during all construction operations.
All costs of maintenance work during construction and before the project is
accepted shall be included in the unit prices bid on the various contract items,
and the Contractor will not be paid an additional amount for such work.
50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to
maintain the work as provided in the subsection titled MAINTENANCE DURING
CONSTRUCTION of this section, the Engineer shall immediately notify the
Contractor of such noncompliance. Such notification shall specify a reasonable
time within which the Contractor shall be required to remedy such unsatisfactory
maintenance condition. The time specified will give due consideration to the
exigency that exists.
Should the Contractor fail to respond to the Engineer's notification, the
Engineer may suspend any work necessary for the owner to correct such
unsatisfactory maintenance condition, depending on the exigency that exists. Any
maintenance cost incurred by the owner, shall be deducted from monies due or to
become due the Contractor.
50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project
the Contractor substantially completes a usable unit or portion of the work, the
occupancy of which will benefit the owner, he may request the Engineer to make
final inspection of that unit. If the Engineer finds upon inspection that the
unit has been satisfactorily completed in compliance with the contract, he may
accept it as being completed, and the Contractor may be relieved of further
responsibility for that unit. Such partial acceptance and beneficial occupancy
by the owner shall not void or alter any provision of the contract.
50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive
completion of the entire project, the Engineer and owner will make an
inspection. If all construction provided for and contemplated by the contract is
found to be completed in accordance with the contract, plans, and
specifications, such inspection shall constitute the final inspection. The
Engineer shall notify the Contractor in writing of final acceptance as of the
date of the final inspection.
If, however, the inspection discloses any work, in whole or in part, as being
unsatisfactory, the Engineer will give the Contractor the necessary instructions
for correction of same and the Contractor shall immediately comply with and
execute such instructions. Upon correction of the work, another inspection will
be made which shall constitute the final inspection, provided the work has been
satisfactorily completed. In such event, the Engineer will make the final
acceptance and notify the Contractor in writing of this acceptance as of the
date of final inspection.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems
that additional compensation is due him for work or materials not clearly
provided for in the contract, plans, or specifications or previously authorized
as extra work, he shall notify the Engineer in writing of his/her intention to
claim such additional compensation before he begins the work on which he bases
the claim. If such notification is not given or the Engineer is not afforded
proper opportunity by the Contractor for keeping strict account of actual cost
as required, then the Contractor hereby agrees to waive any claim for such
additional compensation. Such notice by the Contractor and the fact that the
Engineer has kept account of the cost of the work shall not in any way be
construed as proving or substantiating the validity of the claim. When the work
on which the claim for additional compensation is based has been completed, the
Contractor shall, within 10 (ten) calendar days, submit his/her written claim to
the Engineer who will present it to the owner for consideration in accordance
with local laws or ordinances.
Nothing in this subsection shall be construed as a waiver of the Contractor's
right to dispute final payment based on differences in measurements or
computations. |
