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Contract payment bond.-The security furnished by the Contractor and his surety to guarantee payment of the debts covered by the bond.
Contract performance bond. The security furnished by the Contractor and his surety to guarantee performance of the work in accordance with the contract.
Contract time.-The number of work days or calendar days allowed for completion of the contract, including authorized time extensions. In case a calendar date of completion is shown in the proposal in lieu of the number of working or calendar days, the contract shall be completed by that date.
Contracting officer. The following clause of SF 23A applies and shall prevail in event of any conflict in contract provision:
(a) The term "head of the agency" or "Secretary" as used herein means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency; and the term “his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary.
(b) The term "Contracting Officer" as used herein means the person executing this contract on behalf of the Government and includes a duly appointed successor or authorized representative.
For contracts executed by the U.S. Bureau of Public Roads, the Contracting Officer is the Director of the Bureau of Public Roads or his duly authorized representative.
Contractor. The individual, partnership, joint venture, or corporation contracting with the Government for performance of prescribed work.
County. The county, borough, or parish in which the work herein specified is to be done.
Culvert.-Any structure not classified as a bridge which provides an opening under the roadway.
Directive.-A written order issued by the Engineer to the Contractor requiring the work to be performed in accordance with the contract including all changes that do not involve any adjustment in the basis of payment. Directives will include orders to start, stop, and resume work and orders to perform work under any contingent item in the contract.
Director.-The Director of Public Roads, Bureau of Public
Roads, Federal Highway Administration, U.S. Department of Transportation.
Engineer. The duly authorized representative of the Contracting Officer who is delegated the responsibility for engineering supervision of the construction.
Equipment. All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work.
Federal procurements regulations.-The provisions of Chapter I, Title 41, Code of Federal Regulations.
General provisions.-The contract provisions contained in Standard Form 23A-General Provisions (Construction Contract) and/or Section 100 in these specifications.
Government.-The Government of the United States of
Inspector. The Engineer's authorized representative assigned to make detailed inspections of contract performance. Invitation for bids. The complete assembly of related documents (whether attached or incorporated by reference) furnished prospective bidders for the purpose of bidding.
Laboratory. A testing laboratory of the Government or any other testing laboratory which may be designated by the Engineer.
Major and minor contract items. Major contract items are listed as such in the bid schedule or in the special provisions; all other contract items will be considered as minor items.
Materials. Any substances specified for use in the construction of the project and its appurtenances.
Nominal dimensions or weights.-The numerical values shown on the plans or in the specifications as measurements for work to be constructed at the site. Work completed in reasonably close conformity with such values, including any tolerances shown, will be considered for acceptance in accordance with Subsection 105.03.
Notice to proceed.-Written notice to the Contractor to proceed with the contract work including, when applicable, the date of beginning of contract time.
Pavement structure. The combinations of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.
Plans. The approved drawings, or exact reproductions thereof, furnished by the Government, which show the location, character, dimensions, and details of the work to be done.
Profile grade. The trace of a vertical plane intersecting the top surface of the proposed road construction, usually along
the longitudinal centerline of the roadbed. Profile grade means either elevation or gradient of such trace according to the context.
Questionnaire. The specified form on which a bidder shall furnish required information as to his ability to perform and finance the work.
Reasonably close conformity. Reasonably close conformity means compliance with reasonable and customary manufacturing and construction tolerances where working tolerances are not specified. Where working tolerances are specified, reasonably close conformity means compliance with such working tolerances. Without detracting from the complete and absolute discretion of the Engineer to insist upon such tolerances as establishing reasonably close conformity, the Engineer may accept variations beyond such tolerances as reasonably close conformity where they will not materially effect the value or utility of the work and the interests of the Government.
Right-of-way.-A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway.
Road (highway or street).-A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.
Roadbed. The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement structure and shoulders.
Roadside. A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.
Roadside development.-Those items necessary to the complete highway which provide for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching and the placing of other ground covers; such suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the highway.
Roadway. The portion of a highway within limits of construction.
Safety manual.-Latest edition and approved amendments of "Construction Safety Requirements" for Federal Highway Projects.
Shoulder. The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface
Sidewalk. That portion of the roadway primarily constructed for the use of pedestrians.
Skew or skew angle. The complement of the acute angle between two centerlines which cross.
Special provisions.-Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project.
Specialty items.-Pay items designated in the bid schedule as specialty items; usually minor items requiring equipment and crafts not ordinarily associated with the major types of work covered by the contract.
Specifications. A general term tions, provisions and requirements ance of the work.
applied to all direcpertaining to perform
Specified completion date.-The date on which the contract work is specified to be completed.
Standard forms.-Numbered forms issued by the General Services Administration for use as contract documents, abbreviated as SF.
Standard specifications.—The specifications in this book. State.-The State or Commonwealth in which the work to be done is located.
Structures.-Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drain and other features which may be involved in the work and not otherwise classed herein.
Subcontractor.-An individual, partnership, joint venture, or corporation to whom the Contractor subcontracts part of the work under the contract.
Subgrade.-The top surface of a roadbed upon which the pavement structure and shoulders are constructed.
Substructure.—All of that part of the structure below the bearings of simple and continuous spans, skewbacks of arches and tops of footings of rigid frames, together with the backwalls, wingwalls and wing protection railings.
Superintendent.-The Contractor's authorized representative in responsible charge of the work.
Superstructure.-The entire structure except the substruc
Supplemental agreement.-A written agreement between the Contracting Officer and the Contractor, constituting a modification of the contract originally executed and covering the performance of work beyond the general scope thereof, including any change in the project length of more than 25 percent.
Supplemental specifications.—Additions and revisions to the
standard specifications that are adopted as standard subsequent to issuance of the printed book.
Surety. The corporation, partnership or individual, other than the Contractor, executing a bond furnished by the Contractor.
City, township, town or district.-A subdivision of the county used to designate or identify the location of the proposed work.
Traveled way. The portion of the roadway for the movement of vehicles, exclusive of shoulders.
Work. The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract upon the Contractor.
Working day.-A calendar day, exclusive of Saturdays, Sundays and national holidays, on which weather and other conditions not under control of the Contractor will permit construction operations to proceed for the major part of the day with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time.
Working drawings.-Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data which the contractor is required to furnish and to submit to the Engineer.
Section 102.-BIDDING REQUIREMENTS AND
102.01 Qualification of Bidders. The following clause of SF22 applies and shall prevail in event of any conflict in the contract provisions:
3. Bidder's Qualifications. Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.
When specified in the contract documents, a certified statement setting forth such qualification shall be submitted at the time specified in the Invitation for Bids.
102.02 Contents of Bid Forms. Upon request, the Government will furnish the prospective bidder with an Invitation for Bids. This assembly will state the location and descrip