Common use of CONFORMITY WITH PLANS AND SPECIFICATIONS Clause in Contracts

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 which 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. All quality assurance costs associated with replacing or otherwise correcting any work item determined to be unacceptable shall be borne by the Contractor. 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 right 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 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. If it is found that the material furnished, work performed, or the finished product is not in close conformity with the plans and specifications, the Contractor shall bear all the expenses of such recovery, exposure, observation, inspection and testing and of satisfactory reconstruction including compensation for additional professional services and retesting, and an appropriate deductive change order shall be issued. The Engineer will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction of the safety precautions incident thereto. 50-3 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The Contract Form, Contract Special Provisions, Contract General Provisions, Technical Specifications/Provisions, Plans, 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 Forms shall govern over Contract Special Provisions, Contract Special Provisions shall govern over Contract General Provisions, Contract General Provisions shall govern over Technical Specifications/Provisions, Technical Specification/Provisions shall govern over Plans, cited standards for materials or testing, and cited FAA advisory circulars (if applicable.) The Contractor shall not take advantage of any apparent error or omission on the plans or specifications or in test results relating to the Work hereunder. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Owner for his/her interpretation and decision, and such decision shall be final.

CONFORMITY WITH PLANS AND SPECIFICATIONS. All work Work and all materials Materials furnished shall be in reasonably close substantial 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 specificationsContract Documents. If the Engineer finds the materials Materials furnished, work Work performed, or the finished product not within reasonably close conformity with the plans Plans and specifications Specifications but that the portion of the work Work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the ownerOwner, he will he/she may advise the owner Owner of his/her determination that the affected work Work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner Owner a basis of acceptance which will provide for an adjustment in the contract price Contract Sum for the affected portion of the workWork. The Engineer's determination and recommended contract price Contract Sum adjustments will be based on good engineering the Engineer’s reasonable judgment and such tests or retests of the affected work Work as are, in his/her opinion, needed. Changes in the contract price Contract Sum shall be covered by contract Contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials Materials furnished, work Work performed, or the finished product are not in reasonably close conformity with the plans Plans and specifications Specifications and have resulted in an unacceptable finished product, the affected work Work or materials 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. All quality assurance Quality Assurance costs associated with replacing or otherwise correcting any work Work item determined to be unacceptable shall be borne by the Contractor. For the purpose of this subsection, the term "reasonably close substantial conformity" shall not be construed as waiving the Contractor's responsibility to complete the work Work in strict accordance with the contract, plans, Contract Documents and specificationsthe Owner’s Construction and Fire Prevention Standards. The term shall not be construed as waiving the EngineerOwner's right to insist on strict compliance with the requirements of the contractContract Documents, plans, and specifications during the Contractor's prosecution of the workWork, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the workWork. For the purpose of this subsection, the term "reasonably close substantial conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work 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 specificationsContract Documents. If it is found that the material Material furnished, work Work performed, or the finished product is not in close substantial conformity with the plans Plans and specificationsSpecifications, the Contractor shall bear all the expenses of such recovery, exposure, observation, inspection and testing and of satisfactory reconstruction including compensation for additional professional services and retesting, and an appropriate deductive change order Change Order shall be issued. The Engineer will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction of the safety precautions incident thereto. 50-3 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The Contract Form, Contract Special Provisions, Contract General Provisions, Technical Specifications/Provisions, Plans, 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 Forms shall govern over Contract Special Provisions, Contract Special Provisions shall govern over Contract General Provisions, Contract General Provisions shall govern over Technical Specifications/Provisions, Technical Specification/Provisions shall govern over Plans, cited standards for materials or testing, and cited FAA advisory circulars (if applicable.) The Contractor shall not take advantage of any apparent error or omission on the plans or specifications or in test results relating to the Work hereunder. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Owner for his/her interpretation and decision, and such decision shall be final.

CONFORMITY WITH PLANS AND SPECIFICATIONS. ‌ All work Work and all materials 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 contractContract, plans Plans or specificationsSpecifications. If the Engineer Design Professional finds the materials Materials furnished, work Work performed, or the finished product not within reasonably close conformity with the plans Plans and specifications Specifications but that the portion of the work Work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the ownerAirport Authority, he will advise the owner Airport Authority of his/her determination that the affected work Work be accepted and remain in place. In this event, the Engineer Design Professional will document his/her determination and recommend to the owner Airport Authority a basis of acceptance which that will provide for an adjustment in the contract price Contract Price for the affected portion of the workWork. The Engineer's Design Professional’s determination and recommended contract price Contract Price adjustments will be based on good engineering judgment and such tests or retests of the affected work Work as are, in his/her opinion, needed. Changes in the contract price Contract Price shall be covered by contract Contract modifications (change order Change Order or supplemental agreementSupplemental Agreement) as applicable. If the Engineer Design Professional finds the materials Materials furnished, work Work performed, or the finished product are not in reasonably close conformity with the plans Plans and specifications Specifications and have resulted in an unacceptable finished product, the affected work Work or materials Materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor CMR in accordance with the Engineer's Design Professional’s written orders. All quality assurance costs associated with replacing or otherwise correcting any work item determined to be unacceptable shall be borne by the Contractor. For the purpose of this subsection, the term "“reasonably close conformity" ” shall not be construed as waiving the Contractor's CMR’s responsibility to complete the work Work in accordance with the contractContract, plansPlans, and specificationsSpecifications. The term shall not be construed as waiving the Engineer's right Design Professional’s responsibility to insist on strict compliance with the requirements of the contractContract, plansPlans, and specifications Specifications during the Contractor's CMR’s prosecution of the workWork, when, in the Engineer's Design Professional’s opinion, such compliance is essential to provide an acceptable finished portion of the workWork. For the purpose of this subsection, the term "“reasonably close conformity" ” is also intended to provide the Engineer Design Professional with the authority authority, after consultation with the Airport Authority and FAA, to use good engineering judgment in his/her determinations as to acceptance of work 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 contractContract, plans Plans and specifications. If it is found that the material furnished, work performed, or the finished product is not in close conformity with the plans and specifications, the Contractor shall bear all the expenses of such recovery, exposure, observation, inspection and testing and of satisfactory reconstruction including compensation for additional professional services and retesting, and an appropriate deductive change order shall be issuedSpecifications. The Engineer Design Professional will not be responsible for the ContractorCMR’s means, methods, techniques, sequences, or procedures of construction of or the safety precautions incident thereto. 50-3 COORDINATION OF CONTRACTWhere the Contract Documents refers to particular construction means, PLANSmethods, AND SPECIFICATIONStechniques, sequences or procedures or indicate or imply that such are to be used in the Work, such mention is intended only to indicate that the operations of the CMR shall be such as to produce at least the quality of Work implied by the operations described, but the actual determination of whether or not the described operations may be safely and suitably employed on the Work shall be the responsibility of the CMR, who shall notify the Design Professional in writing of the actual means, methods, techniques, sequences or procedures which will be employed on the Work, if these differ from those mentioned in the Contract Documents. The All loss, damage or liability, or cost of correcting defective Work arising from the employment of any construction means, methods, techniques, sequences or procedures shall be borne by the CMR, notwithstanding that such construction means, methods, techniques, sequences or procedures are referred to, indicated or implied by the Contract FormDocuments, Contract Special Provisionsunless the CMR has given timely notice to the Design Professional in writing that such means, Contract General Provisionsmethods, Technical Specifications/Provisionstechniques, Planssequences or procedures are not safe or suitable, and all referenced standards cited are essential parts of the Contract requirements. A requirement occurring CMR has then been instructed in one is as binding as though occurring in all. They are intended writing to be complementary and to describe and provide for a complete Work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; Contract Forms shall govern over Contract Special Provisions, Contract Special Provisions shall govern over Contract General Provisions, Contract General Provisions shall govern over Technical Specifications/Provisions, Technical Specification/Provisions shall govern over Plans, cited standards for materials or testing, and cited FAA advisory circulars (if applicableproceed at the Airport Authority’s risk.) The Contractor shall not take advantage of any apparent error or omission on the plans or specifications or in test results relating to the Work hereunder. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Owner for his/her interpretation and decision, and such decision shall be final.