|
<br />without required approval shall be at the risk of subsequent rejection.
<br />(bl All work under this contract shall be per famed in a skillful and
<br />workmanlike manner. The' Contracting Officer may, in writing, require the
<br />Contractor to relllOve from the work any ellployee the Contracting Officer deems
<br />incompetent, careless, or otherwise objectionable. (OAR 7-602.9)
<br />
<br />Government shall be lIade as promptly as practicable after completion and
<br />insp~tion of all work required by this contract, or that portion of the work
<br />that the Contracting Officer determines can be accepted separately.
<br />Acceptance shall be final and .::onclusive except as regards latent defects,
<br />fraud, Or such gross l1Iistakes as may alDOunt to fraud or as regards the
<br />Government's rights under any warranty or guarantee. (OAR 7-602.11)
<br />
<br />10. INSPECTION AND ACCEPTANCE (1976 OCT)
<br />(al All wock (which tena includes but is not restricted to Alaterials,
<br />wockmanship. and manufacture and fabrication of components) shall be subject
<br />to inspection and. test by the Government at all reasonable times and at all
<br />places pr iOr to acceptapce. Any such inspection and test is for the sole
<br />benefit of the Government and shall not relieve the Contractor of the
<br />responsibility of providinq quality control measures to assure that the work
<br />stdctly complies witb the contract requirements. No inspection or test by
<br />the Government shall be construed as constituting or implying acceptance.
<br />Inspection or test shall not relieve the COntractor of responsibility for
<br />daJllage to or loss of the material prior to acceptance, nor in any way affect
<br />the continuing rights of the Government after acceptance of the compLeted work
<br />under the teras of paragraph (f) of this clause, except as hereinabove
<br />provided.
<br />(b) The Contractor shall, without charge, replace any material or correct
<br />any workmanship found by the Govern.ent not to conform to the contract
<br />requirements, unless in the pUblic interest the Government consents to accept
<br />such materiaL or workmanship with an appropriate adjustment in contract
<br />price. The Contractor shall prollptly segregate and relllOve rejected material
<br />fro. the premises.
<br />(c) If the COntractor does not promptly replace rejected material or
<br />correct rejected workmanShip, the Goverrunent (1) lIlay, by contcact or
<br />otherwise, replace such material or correct such workmanship and charge the
<br />cost thereof to the COntractor, or (2) .ay terminate the Contractor's right to
<br />proceed in accordance with the clauee of this contract entitled -Termination
<br />for Default - Damages for Delay - Time Extensions."
<br />(dl The Contractor shall furnish promptly, vithout additional charge, all
<br />facilities, labor, and material reasonably needed for performing such safe and
<br />convenient inspection and test as lIlay be required by the Contracting Officer.
<br />All inspection and test by the Government shall be performed in such manner as
<br />not unnecessarily to delay the work. Special. full size, and performance
<br />tests shall be performed as described in this contract. The Government
<br />reserves the right to charge to the COntractor any additional cost of
<br />inspection or test when material or worklllllnsh.ip .is not ready at the time
<br />specified by the COntractor for inspection or test or when reinspection Or
<br />retest is necessitate1 by prior rejection.
<br />(el Should it be considered necessary or advisable by the Government at
<br />any time before acceptance of the entire work to make an examination of work
<br />already completed, by removing or tearing out same, the COntractor shall, on
<br />request, promptly furnish all necessary facilities, labor and material. If
<br />such work is found to be defective OC" nonconforming in any material respect,
<br />due to the fault of the Contractor or his subcontractors, he shall defray all
<br />the expenses of such examination and of satisfactory reconstruction. If,
<br />however, such work is found to lIIeet the requirelllents of the contract, an
<br />equitable adjustment shall be made in the contract price to compensate the
<br />COntractor for the additional services involved in such examination and
<br />reconstruction and, if completion of the work has been delayed thereby, he
<br />shall, in addition, be 9ranted a suitable extension of ti_e.
<br />(fI Unless othecwise provided in this contract, acceptance by the
<br />
<br />11. SUPERINTENDENCE BY CONTRACTOR (1976 OCT)
<br />The Contractor, at all thles during perforlllance arid until the work is
<br />completed and accepted, shall give his personal superintendence to the wa.rk or
<br />have on t.he work a competent superintendent, satisfactory to the COntracting
<br />Officer and with authority to act for the Contractor. (DAR 1-602.121
<br />
<br />12. PERMITS AND RESpONSIBILITIES (1964 JUN)
<br />The Contractor shall, without additional expense to the Government, be
<br />responsible for obtaining any necessary licenses and permits, and for
<br />complying with any applicable FEderal, State, and municipal laws, codes, and
<br />regulations, in connection with the prosecution of the wotk. He shall be
<br />similar ly responsible for all da.uges to perSons or property that occur as a
<br />result of his fault or negligence. He shall take proper safety and health
<br />precautions to protect the work. the workers, the public, and the property of
<br />others. He shall also be responsible for all materials delivered and work
<br />performed until completion and acceptance of the entire contruction work,
<br />except {or any cOfllpleted unit of construction thereof which theretofore .ay
<br />have been accepted. (OAR 7-602.13)
<br />
<br />1]. CONDITIONS AFFECTING THE WORK (1964 JON)
<br />The COntractor shall be rel:ponsible for having taken steps reasonably
<br />necessary to ascertain the nature and location of the ,",ork, and the geneC"al
<br />and local conditions which can affect the work or the cost thereof. Any
<br />failure by the Contractor to do so will not relieve him from responsibility
<br />for successfully performing the work without additional expense to the
<br />Government. The Government assullles no responsibility for any understanding or
<br />representations concerning conditions _ade by any of its officeC"s OC" agents
<br />prior to the execution of this contract, unless such understanding or
<br />representations by the Government are expressly stated in the contract. (OAR
<br />7-602.14)
<br />
<br />14. OTHER CONTRACTS (1964 JUN)
<br />The Government may undertake or award other contracts for additional work.
<br />and the COntractor shall fully cooperate with such other contractors and
<br />Government employees and carefully fit his own work to such additional work as
<br />may be dhected by the contracting Officer. The COntractor shall not conuait
<br />OC" peClllit any act which will interfere with the perforlllance of work by any
<br />other contractor or by Government employees. (DAR 7-602.151
<br />
<br />15. SHOP DRAWINGS (1976 OCTI
<br />(a) The term, "shop drawings-. includes drawings, diagrams, layouts,
<br />schematics, descriptive literatuC"e, illustrations, schedules, performance and
<br />test data, and silllilar materials furnished by the Contractor to explain in
<br />detail specific portions of the work required by the contract.
<br />(b) If this contract C"equires shop drawings, the Contractor shall
<br />coordinate all such drawings, and review the. for accuracy, completeness, and
<br />compliance with contract requirements and shall indicate his approval thereon
<br />as evidence of such coordination and review. Shop drawings submitted to the
<br />
<br />(1 May 8))
<br />
<br />1
<br />
<br />(Const. Gen. Prov.)
<br />
<br />(1 May 8]) 8
<br />
<br />(Const. Gen. Prov.)
<br />
<br />.
<br />
<br />'"
<br />
<br />.
<br />
<br />.. ,
<br />
<br />.
<br />
|