or unsatisfactory product such work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor.

When the contract provides for the work to be performed in accordance with Quality Assurance provisions, the acceptability of materials or construction will be as outlined in the applicable sections of the specifications.

105.04 Coordination of Specifications. The General Provisions, Special Provisions, Plans, Supplemental Specifications, Standard Specifications, and all supplemental documents affecting the work, duly issued to the Contractor, are essential parts of the contract, and a requirement occurring in one is as binding as if occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, numerical dimensions will prevail over scaled dimensions and the parts of the contract will prevail in the following order:

1. General Provisions (SF 23A)

2. Special Provisions

3. Plans

4. Supplemental Specifications

5. Standard Specifications

In SF 23A 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. Corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications will then be made. 105.05 Cooperation by Contractor. See SF 23A, General Provisions.

105.07 Other Contracts. See SF23A General Provisions.

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 109.07 or 109.08 will apply. The contract will specify staking instructions applicable to each project.

105.09 Designation of Engineer. Each project will have an Engineer designated as a representative of the Contracting Officer. The Contractor will be notified of the identity of this Engineer before work has begun.

105.10 Duties of the Inspectors. Inspectors are authorized to inspect all work performed and materials furnished, including the preparation, fabrication or manufacture of materials to be used; and to reject materials and workmanship, until any questions at issue can be referred to and decided by the Engineer.

Inspectors are not authorized to alter or waive the provisions of the contract, to issue instructions contrary to the plans and specifications, or to act as foreman for the Contractor. 105.11 Inspection of Work. See SF 23A, General Provisions.

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. See SF23A.

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 material or equipment.

Load limits within the project shall not exceed legal limits of adjacent highways unless permitted in writing by the Engineer. The Contractor shall be liable for all damage caused 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.

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.

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 final inspection of that unit. If the unit has been substantially completed in compliance with the contract that unit may be accepted 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 accordance with the contract requirements, that inspection will constitute the final inspection and the Engineer will make the final acceptance—and 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 Contractor shall immediately make the necessary corrections.

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.

105.17 Claims for Adjustment and Disputes. See SF 23A, General Provisions.

105.18 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 of 48 hours following the breakdown or malfunction, provided this method of operation will produce results otherwise meeting specifications.

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 from sources of his choice, except for Borrow, Case 1, which shall be obtained in accordance with subsection 203.03(1). In order to expedite the inspection and testing of materials, the Contractor shall notify the Engineer of his proposed sources of materials at the earliest date possible. 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.

106.02 Local Material Sources.

(a) Possible sources of local materials may be shown on the plans or 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.

Unless otherwise provided, the Government will acquire and make available to the Contractor the right to take materials from the sources shown on the plans or described under special provisions, together with the right to use such property as may be specified, for plant site, stockpiles and hauling roads.

(b) If the Contractor elects to use material from sources other than those shown on the plans or described in the special provisions, he shall acquire the necessary rights to take materials from the sources and shall bear all costs related thereto including those for development, exploration, erosion control measures, and any costs which may result from an increase in length of haul. The use of material from such sources will not be permitted until the Engineer determines, from representative samples obtained and tested at the expense of the Contractor, that an adequate amount of satisfactory materials are available in the source. Additional samples may be required of the Contractor for inspection and testing at Government expense, prior to approval of and authorization to use the source.

(c) Work areas, gravel pits or other than commercially operated borrow pits 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.

Overburden shall be stripped from all borrow pits, aggregate pits, and quarries, and stockpiled for later use in obliteration of the sites. After a pit has served its purpose, all waste material that may have been temporarily stored outside of the pit shall be moved back into the pit. The pit shall be neatly sloped and trimmed, and side slopes flattened to the maximum extent possible, consistent with the slope of the natural ground surface. The stockpiled

overburden material shall then be spread, uniformly, over the sides and bottom of the pit area. Unless otherwise provided, no direct payment will be made for this work.

(d) Commercial sources shall be maintained in a condition that conforms with local laws, rules or ordinances in effect at the time of opening of bids.

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 materials are used without approval or written permission will be performed at the Contractor's risk. Material found to be unacceptable and unauthorized will not be paid for and shall be removed at the Contractor's expense.

Unless otherwise designated, when a reference is made in the contract to a specification, standard, or test method adopted by AASHTO, ASTM, GSA, or other recognized national technical associations, it shall mean the specification, standard, or test method (including interim or tentative issues) which is in effect on the date of advertisement for bids.

All materials being used are subject to inspection, test or retest and rejection at any time prior to or during incorporation into the work.

Copies of all test reports will be furnished to the Contractor's representative at his request. Samples for testing of materials shall be taken by the Contractor, using an approved sampling device, under the supervision of the Engineer, and at such times or intervals as directed. At all times during production the Contractor shall maintain adequate personnel to take the samples ordered by the Engineer.

Certification of Compliance. The Engineer may permit use prior to sampling and testing of certain materials or assemblies accompanied by Certificates of Compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificates shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a Certificate of Compliance in which the lot is clearly identified.

Materials or assemblies used on the basis of Certificates of Compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not.

The form and distribution of Certificates of Compliance shall be as approved by the Engi

neer.

The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of Certificates of Compliance.

106.04 Inspection at the Plant. Pursuant to SF 23A the Engineer may undertake the inspection of materials at the source. Manufacturing plants may be inspected periodically for compliance with specified manufacturing methods, and material samples will be obtained for laboratory testing for compliance with material quality requirements. This may be the basis for acceptance of manufactured lots as to quality. In the event inspection is undertaken at the plant, the following conditions shall be met:

(a) The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials.

(b) The Engineer shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished.

106.06 Storage of Materials. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials shall be located so as to facilitate their prompt inspection. Approved portions of the right-of-way may be used for storage purposes and for the placing of the Contractor's plant and equipment, but any additional space required therefor must be provided by the Contractor at his expense. All storage sites from which the stored material has been removed shall be restored to their original condition by the Contractor at his expense.

106.07 Handling Materials. All materials shall be handled in such manner as to preserve their quality and fitness for the work. Aggregates shall be transported from the storage site to the work in tight vehicles so constructed as to prevent loss or segregation of materials after loading and measuring in order that there shall be no inconsistencies in the quantities as actually received at the place of operations.

106.08 Unacceptable Materials. See SF 23A. All materials not within reasonable close conformity to the requirements of the specifications at the time tested for acceptance will be considered as unacceptable and all such materials will be rejected in accordance with subsection 105.03 and shall be removed immediately from the site of the work unless the defects are corrected and the material subsequently approved. No rejected material, the defects of which have been corrected, shall be used until approval has been given.

106.09 Material Furnished by the Government. Any material furnished by the Government will be delivered or made available to the Contractor at the points specified in the special provisions or shown on the plans. The cost of handling and placing all such materials after they are delivered to the Contractor will be considered as included in the contract price for the item in connection with which they are used. The Contractor will be held responsible for all material delivered to him by the Government and deductions will be made from any monies due him to make good any shortages, deficiencies, and damages which may occur after such delivery, and for any demurrage charges.

106.10

Material Guarantee. See SF 23A, General Provisions.

106.11 Rights in and Use of Materials Found on the Work. The Contractor, with approval may use on the project such stone, gravel, sand, or other material determined suitable by the Engineer, as may be found in the excavation and will be paid both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated materials is used. He shall replace at his own expense with other acceptable material all of that portion of the excavation material so removed and used for other purposes which was needed for use in the embankments, backfills, approaches, or otherwise. No charge for the materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location which is not within the grading limits, as indicated by the slope and grade lines, without written authorization. In the event the Contractor has produced or processed materials from lands of the Government in excess of the quantities required for performance of this contract, the Government may take possession of such excess materials, including any waste material produced as a byproduct, without obligation to reimburse the Contractor for the cost of production, or may require the Contractor to remove such materials and restore the premises to a satisfactory condition at the Contractor's expense. This provision will not preclude the Government from arranging with the Contractor to produce material over and above the contract needs, payment for which will be by mutual agreement between the Government and the Contractor. Unless otherwise provided, the material from any existing abandoned structure may be used temporarily by the Contractor in the erection of the replacement structure. Modification of such material will not be permitted except with the approval of the Engineer.

Section 107.-LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.01 Laws to be Observed. The Contractor shall keep fully informed of all Federal and State laws, all local news, ordinances, safety codes, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, safety codes, regulations, orders, and decrees; and shall protect and indemnify the Government and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance safety code, regulation, order, or decree, whether by himself or his employees.