### **SECTION 50 CONTROL 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. The Engineer shall decide all
questions that may arise as to the interpretation of the specifications
or plans relating to the work.  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.

The Engineer does not have the authority to accept pavements that do not
conform to FAA specification requirements.

**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
that 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 responsibility 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, after consultation with the FAA, 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.

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> **For AIP contracts, the Owner should keep the FAA advised of the
> Engineer\'s determinations as to acceptance of work that is not in
> reasonably close conformity to the contract, plans, and
> specifications.  Change orders or supplemental agreements must bear
> the written approval of the FAA. The Engineer may consult with the FAA
> for the determination to accept materials that are not in strict
> conformance with the specification requirements.**

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The Engineer will not be responsible for the Contractor's means,
methods, techniques, sequences, or procedures of construction or the
safety precautions incident thereto.

**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. If any paragraphs
contained in the Special Provisions conflict with General Provisions or
Technical Specifications, the Special Provisions shall govern.

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.

LIST SPECIAL PROVISIONS

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> **The Engineer should list the Special Provisions in the order of
> precedence.**

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**50-04 COOPERATION OF CONTRACTOR**.  The Contractor will be supplied
with five 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 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.

The Contractor will be required to furnish all lines, grades and
measurements from the control points necessary for the proper
prosecution and control of the work contracted for under these
specifications.

The Contractor must give weekly copies of the survey notes to the
Engineer so that the Engineer may check them as to accuracy and method
of staking. All areas that are staked by the Contractor must be checked
by the Engineer prior to beginning any work in the area. The Engineer
will make periodic checks of the grades and alignment set by the
Contractor. In case of error on the part of the Contractor, or his/her
employees, resulting in establishing grades and/or alignment that are
not in accordance with the plans or established by the Engineer, all
construction not in accordance with the established grades and/or
alignment shall be replaced without additional cost to the Owner.

No direct payment will be made, unless otherwise specified in contract
documents, for this labor, materials, or other expenses therewith. The
cost thereof shall be included in the price of the bid for the various
items of the Contract.

Construction Staking and Layout includes but is not limited to:

> Clearing and Grubbing perimeter staking.
>
> Rough Grade slope stakes at 100-foot stations.
>
> Drainage Swales slope stakes and flow line blue tops at 50-foot
> stations.
>
> Subgrade blue tops at 25 foot stations and 25 foot offset distance
> (max.) for the following section locations:
>
> a\. Runway -- minimum 5 per station
>
> b\. Taxiways -- minimum 3 per station
>
> c\. Holding apron areas -- minimum 3 per station
>
> d\. Roadways -- minimum 3 per station
>
> Base Course blue tops at 25 foot stations and 25 foot offset distance
> (max.) for the following section locations:

a.  Runway -- minimum 5 per station

b.  Taxiways -- minimum 3 per station

c.  Holding apron areas -- minimum 3 per station

> Pavement areas:

a.  Edge of Pavement hubs and tacks (for stringline by Contractor) at
    100 foot stations

b.  Between Lifts at 25 foot stations for the following section
    locations:

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1.  Runways -- each paving lane width

2.  Taxiways -- each paving lane width

3.  Holding areas -- each paving lane width

> c\. After finish paving operations at 50 foot stations

1.  All paved areas -- Edge of each paving lane prior to next paving lot

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d.  Shoulder and safety area blue tops at 50 foot stations and at all
    break points with maximum of 50 foot offsets

> Fence lines at 100 foot stations
>
> Electrical and Communications System locations, lines and grades
> including but not limited to duct runs, connections, fixtures, signs,
> lights, VASI's, PAPI's, REIL's, Wind Cones, Distance Markers (signs),
> pull boxes and manholes.
>
> Drain lines, cut stakes and alignment on 25-foot stations, inlet and
> manholes.
>
> Painting and Striping layout (pinned with 1.5 inch PK nails) marked
> for paint Contractor. (All nails shall be removed after painting)
>
> Laser, or other automatic control devices, shall be checked with
> temporary control point or grade hub at a minimum of once per 400 feet
> per pass (i.e. paving lane).

NOTE: Controls and stakes disturbed or suspect of having been disturbed
shall be checked and/or reset as directed by the Engineer without
additional cost to the Owner.

**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 that
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.

No removal work made under provision of this subsection shall be done
without lines and grades having been given by the Engineer. 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 that 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.

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> **The Engineer should check to see if the on site project access roads
> and haul routes will support the construction equipment. Particular
> attention should be paid when sections of existing airfield pavements
> will be used as haul routes to assure that existing pavements are not
> overloaded. If questionable, the Engineer should add appropriate
> provisions to preserve or rehabilitate any access roads or haul routes
> to the bid documents. Various measures such as videotape or
> photographs may be required to document existing conditions prior to
> start of construction.**

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**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 Owner 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 l0 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.

**50‑17  COST REDUCTION INCENTIVE.**  The provisions of this subsection
will apply only to contracts awarded to the lowest bidder pursuant to
competitive bidding.

On projects with original contract amounts in excess of \$100,000, the
Contractor may submit to the Engineer, in writing, proposals for
modifying the plans, specifications or other requirements of the
contract for the sole purpose of reducing the cost of construction.  The
cost reduction proposal shall not impair, in any manner, the essential
functions or characteristics of the project, including but not limited
to service life, economy of operation, ease of maintenance, desired
appearance, design and safety standards.  This provision shall not apply
unless the proposal submitted is specifically identified by the
Contractor as being presented for consideration as a value engineering
proposal.

Not eligible for cost reduction proposals are changes in the basic
design of a pavement type, runway and taxiway lighting, visual aids,
hydraulic capacity of drainage facilities, or changes in grade or
alignment that reduce the geometric standards of the project.

As a minimum, the following information shall be submitted by the
Contractor with each proposal:

**a.**  A description of both existing contract requirements for
performing the work and the proposed changes, with a discussion of the
comparative advantages and disadvantages of each;

**b.**  An itemization of the contract requirements that must be changed
if the proposal is adopted;

**c.**  A detailed estimate of the cost of performing the work under the
existing contract and under the proposed changes;

**d.**  A statement of the time by which a change order adopting the
proposal must be issued;

**e.**  A statement of the effect adoption of the proposal will have on
the time for completion of the contract; and

**f.**  The contract items of work affected by the proposed changes,
including any quantity variation attributable to them.

The Contractor may withdraw, in whole or in part, any cost reduction
proposal not accepted by the Engineer, within the period specified in
the proposal.  The provisions of this subsection shall not be construed
to require the Engineer to consider any cost reduction proposal that may
be submitted.

The Contractor shall continue to perform the work in accordance with the
requirements of the contract until a change order incorporating the cost
reduction proposal has been issued.  If a change order has not been
issued by the date upon which the Contractor\'s cost reduction proposal
specifies that a decision should be made, or such other date as the
Contractor may subsequently have requested in writing, such cost
reduction proposal shall be deemed rejected.

The Engineer shall be the sole judge of the acceptability of a cost
reduction proposal and of the estimated net savings from the adoption of
all or any part of such proposal.  In determining the estimated net
savings, the Engineer may disregard the contract bid prices if, in the
Engineer\'s judgment such prices do not represent a fair measure of the
value of the work to be performed or deleted.

The Owner may require the Contractor to share in the Owner\'s costs of
investigating a cost reduction proposal submitted by the Contractor as a
condition of considering such proposal.  Where such a condition is
imposed, the Contractor shall acknowledge acceptance of it in writing. 
Such acceptance shall constitute full authority for the Owner to deduct
the cost of investigating a cost reduction proposal from amounts payable
to the Contractor under the contract.

If the Contractor\'s cost reduction proposal is accepted in whole or in
part, such acceptance will be by a contract change order that shall
specifically state that it is executed pursuant to this subsection. 
Such change order shall incorporate the changes in the plans and
specifications which are necessary to permit the cost reduction proposal
or such part of it as has been accepted and shall include any conditions
upon which the Engineer\'s approval is based.  The change order shall
also set forth the estimated net savings attributable to the cost
reduction proposal.  The net savings shall be determined as the
difference in costs between the original contract costs for the involved
work items and the costs occurring as a result of the proposed change. 
The change order shall also establish the net savings agreed upon and
shall provide for adjustment in the contract price that will divide the
net savings equally between the Contractor and the Owner.

The Contractor\'s 50 percent share of the net savings shall constitute
full compensation to the Contractor for the cost reduction proposal and
the performance of the work.

Acceptance of the cost‑reduction proposal and performance of the
cost‑reduction work shall not extend the time of completion of the
contract unless specifically provided for in the contract change order.

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> **Use of this subsection in project specifications is at the option of
> the Owner/Engineer.**
>
> **This subsection should not be incorporated into project
> specifications if State or local laws prohibit its use or if the
> project does not lend itself to value engineering.**

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**END OF SECTION 50**

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