Page images


See also subsection 105.11.

105.04 Coordination or Plans, Specifications, and General Provisions. These specifications, the supplemental specifications, the plans, special provisions, General Provisions and all supplementary documents are essential parts of the Contract, and 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; plans will govern over standard and supplemental specifications; supplemental specifications will gov

over standard specifications; special provisions will govern over both standard and supplemental specifications and plans; and the “General Provisions” of the contract will prevail over the plans, supplemental and standard specifications, and special provisions.

Standard Forms used as contract documents will prevail over conflicting requirements in the specifications.

In subsection 105.05 below and in Clause 2, SF23A of the General Provisions, the term “specifications" is interpreted to mean job specifications of a nature corresponding to "special provisions", as defined in subsection 101.02 and not the standard specifications that are of general application.

The Contractor shall take no advantage of any apparent error or omission in the plans or specifications. In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications.

105.05 Cooperation by Contractor. The Contractor will be supplied with a minimum of two sets of approved plans and contract assemblies including special provisions.

The following clause of SF23-A also applies and shall prevail in event of any conflict in the contract provisions: 2. Specifications and Drawings

The Contractor shall keep on the work a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at his own risk and expense. The Contracting Officer shall furnish from time to time such detail drawings and other information as he may consider necessary, unless otherwise provided.

105.06 Cooperation with Utilities. The Government will notify all utility companies, all pipe line owners or other parties affected, and endeavor to have all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction, made as soon as practicable.

Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by others at their expense, except as otherwise provided for in the special provisions or as noted on the plans.

It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the plans and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from the said utility appurtenances or the operation of moving them.

In general, the contract will indicate various utility items, certain of which are to be relocated or adjusted by the utility owner and others which are to be relocated or adjusted by the Contractor. The special provisions will indicate the means of adjudication, if any, in case of failure by the utility owners to comply with their responsibility in relocating or adjusting their facility.

105.07 Cooperation Between Contractors. The following clause of SF23-A applies and shall prevail in event of any conflict in the contract provisions: 14. Other Contracts

The Government may undertake or award other contracts for additional work and the Contractor shall fully cooperate with such other contractors and Government employees and carefully fit his own work to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees.

The Contractor shall arrange his 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 work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.

105.08 Construction Stakes, Lines and Grades. The Engineer will set such initial construction stakes establishing lines, slopes, and continuous profile-grade in road work, and reference lines and bench marks for bridge work, culvert work, protective and accessory structures and appurtenances as he may deem necessary, and will furnish the Contractor with all necessary information relating to lines, slopes and grades. These stakes and marks will constitute the field control by and in accordance with which the Contractor shall establish other necessary controls and perform the work.

The Contractor will be held responsible for the preservation of all stakes and marks, and if any of the construction stakes or marks have been carelessly or willfully destroyed or disturbed by the Contractor, the cost to the Government of replacing them may be charged against him and may be deducted from the payment for the work.

The Contractor shall notify the Engineer of apparent errors discovered in initial stakeout before the affected work is begun. Should work be performed in accordance with inaccurate initial stakeout made by the Engineer and not discovered by the Contractor, payment for such work and any directed correction thereof will be made at applicable unit prices of the contract unless such work differs substantially from that described on the plans or in the specifications, in which case the provisions of subsection 109.04 will apply.

105.09 Designation of Engineer. Each project will have an Engineer designated as a representative of the Contracting Officer, with authority in accordance with subsection 105.01. The Contractor will be notified of the identity of this Engineer before work has begun.

105.10 Duties of the Inspector. Inspectors employed by the Government are authorized to inspect all work done and materials 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. The inspectors are not authorized to alter or waive the provisions of the contract. The inspectors are not authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the Contractor. He (Inspector) shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Engineer.

105.11 Inspection of Work. The following clause of SF23-A applies and shall prevail in event of any conflict in contract provisions:

10. Inspection and Acceptance

(a) Except as otherwise provided in this contract, inspection and test by the Government of material and workmanship required by this contract shall be made at reasonable times and at the site of the work, unless the Contracting Officer determines that such inspection or test of material which is to be incorporated in the work shall be made at the place of production, manufacture, or ship ment of such material. To the extent specified by the Contracting Officer at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as to whether the material involved conforms to the contract requirements. Such off-site inspection or test shal not relieve the Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights of the Government after acceptance of the completed work under the terms of paragraph (f) of this clause, except as hereinabove provided.

(6) The Contractor shall, without charge, replace any material or correct any workmanship found by the Government not to conform to the contract requirements, unless in the public interest the Government consents to accept such material or workmanship with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(c) If the Contractor does not promptly replace rejected material or correct rejected workmanship, the Government (1) may, by contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor or (2) may terminate the Contractor's right to proceed in accordance with Clause 5 of these General Provisions.

(d) The Contractor shall furnish promptly, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspection and test as may be required by the Contracting Officer. All inspection and test by the Government shall be performed in such manner as not unnecessarily to delay the work. Special, full size, and performance tests shall be performed as described in this contract. The Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection.

(e) Should it be considered necessary or advisable by the Government at any time before acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary facilities, labor,

and material. If such work is found to be defective or nonconforming in any material respect, due to the fault of the Contractor or his subcontractors, he shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, an equitable adjustment shall be made in the contract price to compensate the Contractor for the additional services involved in such examination and reconstruction and, if completion of the work has been delayed thereby, he shall, in addition, be granted a suitable extension of time.

(f) Unless otherwise provided in this contract, acceptance by the Government shall be made as promptly as practicable after completion and inspection of all work required by this contract. Acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Government's rights under any warranty or guarantee. See also subsections 105.03 and 105.16.

When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of the work covered by the contract, its respective representatives will have the right to inspect the work. Such inspection will in no sense make such unit of government or political subdivision or such railroad corporation a party to the contract, and will in no way interfere with the rights of either party hereunder.

105.12 Removal of Unacceptable and Unauthorized Work. Work determined to be unacceptable, in accordance with subsection 105.03, shall be removed immediately and replaced in an acceptable manner. No work shall be done without lines and grades having been given by the Engineer in accordance with subsection 105.08.

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 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.

See also subsection 105.11.

105.13 Load Restrictions. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A special permit will not relieve the Contractor of liability for damage which may result from the moving of equipment.

The operation of equipment of such weight or so loaded as to cause damage to structures or the roadway or to any

« PreviousContinue »