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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. In no case shall legal load limits be exceeded unless permitted in writing. The Contractor shall be liable for all damage done by his hauling equipment.
105.14 Maintenance of the Work During Construction. The Contractor shall maintain the work during construction and until the project is accepted. This maintenance shall be prosecuted as required with adequate equipment and forces to the end that the roadway or structures are kept 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 or restore the previous course or subgrade to the specified condition before the succeeding course is placed.
All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various pay items and the Contractor will not be paid an additional amount for such work except as provided in subsection 104.04.
105.15 Failure to Maintain Roadway or Structure. If the Contractor, at any time, fails to comply with the provisions of subsection 105.14, the Engineer will immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice the Engineer may immediately proceed to maintain the project, and the entire cost of this maintenance will be deducted from monies due or to become due the Contractor on his contract.
(a) Partial Acceptance.--If at any time during the prosecution of the project the Contractor substantially completes a unit or portion of the project, such as a structure, an interchange, or a section of road or pavement, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been substantially completed in compliance with the contract he may accept that unit as being completed and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance shall in no way void or alter any of the terms of the contract.
(b) Final Acceptance.—Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer will make an inspection. If all construction provided for and contemplated by the contract is found completed in reasonably close conformity with the contract requirements, that inspection will constitute the final inspection and the Engineer will make the final acceptanceand notify the Contractor in writing of this acceptance and of the date after which no further time will be charged.
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 such work, and the Contractor shall immediately comply with and execute such instructions.
Upon correction of the work, another inspection will be made which will 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 provided above.
See also subsection 105.11.
105.17 Claims for Adjustment and Disputes. If, in any case, the Contractor deems that additional compensation is due him for work or material not clearly covered in the contract or not ordered by the Engineer, the Contractor shall notify the Engineer in writing of his intention to make claim for such additional compensation before he begins the work on which he bases the claim. If such notification is not given, and the Engineer is not afforded proper facilities 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 as aforesaid, will not in any way be construed as proving or substantiating the validity of the claim.
Nothing in this subsection shall be construed as establishing any claim contrary to the terms of subsection 104.02.
The following clause of SF-23A also applies and shall prevail in event of any conflict in contract provisions: 6. Disputes
(a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the head of the agency involved. The decision of the head of the agency or his duly authorized representative for the determination of such appeals shall
be final and conclusive. This provision shall not be pleaded in any suit involving a question of fact arising under this contract as limiting judicial review of any such decision to cases where fraud by such official or his representative or board is alleged: Provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision.
(6) This Disputes clause does not preclude consideration of questions of law in connection with decisions provided for in paragraph (a) above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
Section 106.- CONTROL OF MATERIAL
106.01 Source of Supply and Quality Requirements.
Unless otherwise provided, all materials used on the work shall be furnished by the Contractor in reasonably close conformity to all quality requirements of the contract. In order to expedite the inspection and testing of materials, the Contractor shall notify the Engineer of his proposed sources of materials so that the materials may be approved at the source of supply before delivery is started, subject to the provisions of subsection 106.03. If it is found after trial that sources of supply for previously approved materials do not produce uniform and satisfactory products or if the product from any source proves unacceptable at any time, the Contractor shall furnish materials from other sources.
See also subsection 102.14. 106.02 Local Material Sources
(a) Designated Sources. Possible sources of local materials may be designated on the plans and described in the special provisions. The quality of material in such deposits will be acceptable in general, but the Contractor shall determine for himself the amount of equipment and work required
to produce a material meeting the specifications. It shall be understood that it is not feasible to ascertain from samples the limit for an entire deposit, and that variations shall be considered as usual and are to be expected. The Engineer may order procurement of material from any portion of a deposit and may reject portions of the deposit as unacceptable.
If crushed aggregate is produced from designated gravel pits, all oversize material encountered therein with diameters of 12 inches or less shall be crushed and used if suitable.
The Government may acquire and make available to the Contractor the right to take materials from the sources designated on the plans and described under special provisions, together with the right to use such property as may be specified, for plant site, stockpiles and hauling roads.
Except for Case 1, Borrow, designated sources will be identified as either type A sources, for which the Government assumes responsibility for the adequacy of acceptable materials in accordance with paragraph 1 hereinafter or type B sources for which the Contractor shall satisfy himself as to the quantity of acceptable material that may be produced in accordance with paragraph 2 hereinafter. The Contractor will be relieved of any obligation to obtain the right to remove material from type A or type B sources except that if any royalty charges are involved, they will be set forth in the special provisions and shall be paid by the Contractor. If the Contractor elects to furnish material from other than type A or type B sources, he shall assume all responsibility and expense in connection with obtaining the right to remove material therefrom including the payment of any royalty charges.
(1) Type A sources. Should the Contraetor elect to obtain material from a type A source and it is subsequently determined by the Engineer that due to causes beyond control of the Contractor the source contains insufficient available acceptable material to meet the contract needs, the Government will provide another source. In this event an equitable adjustment in payment and contract time will be made in accordance with subsection 104.02. Should the Contractor choose, for some other reason, to change the source of material from a type A source at which he has installed a plant, no adjustment in payment or contract time will be made.
(2) Type B sources. Should the Contractor elect to obtain material from a type B source and it is subsequently determined by the Engineer that the source contains insufficient acceptable material to meet the contract needs and it becomes necessary for the Contractor to select a new source, or if the Contractor chooses, for some other reason, to change the source of material, no adjustment in payment or contract time will be made, regardless of the conditions which caused such insufficiency of acceptable material or of the fact that the Contractor has installed a plant at a type B source.
(b) Contractor Furnished Sources.—When material deposits are not designated in the special provisions, the Contractor shall provide sources of material acceptable to the Engineer.
When sources of material or material deposits are provided by the Contractor, the Government will assume the cost of processing samples to determine the suitability of the material.
(c) General.—When work areas, gravel pits or other than commercially operated borrow pits are located in or adjacent to live streams or other bodies of water, operations at the sites shall be so controlled, both during and after completion of the work, that erosion will be minimized and sediment will not enter streams or other bodies of water. This may require segregating such areas by a dike or other barrier, treatment of pollutants by filtration, a settling basin or other means sufficient to reduce the sediment content to not more than that of the body of water into which it is discharged.
Waste or disposal areas and construction roads shall be located and constructed in a manner that will keep sediment from entering streams or other bodies of water.
Where practicable, borrow pits, gravel pits, quarry sites and waste or disposal areas shall be located so that they will not be visible from the highway and shall be so excavated that water will not collect and stand therein, unless otherwise provided. Final restoration of borrow or waste disposal areas shall include grading, establishment of vegetative cover, or other necessary treatments that will blend the area into the surrounding area.
106.03 Samples, Tests, Cited Specifications. All materials for which tests are specified will be inspected, and tested for acceptability by the Engineer before incorporation in the work.
Any work in which untested and unaccepted materials are used without approval or written permission of the Engineer will be performed at the Contractor's risk and may be considered as unacceptable and unauthorized and may not be paid for. Unless otherwise designated, when a reference is made in the contract to a specification, standard, or test method adopted by AASHO, ASTM, GSA, or other recognized national technical association, it shall mean the specification, standard, or test method (including interim or tenta