Section 105IAC11-3-6. Examination of contract documents and site of work

   (a) The bidder shall make a reasonable visual examination of the site of the proposed work and the contract documents before submitting a proposal bid. The submission of a proposal bid will be considered conclusive evidence that the bidder has made a reasonable visual examination of the project site and contract documents.

  (b) When an item listed as a pay item is:

(1) shown on the plans and not in the schedule of pay items; and

(2) not specifically excluded from payment in the specifications or in the contract documents;

the item may be considered an omission in the schedule of pay items or an error in the plans. The department may revise the schedule of pay items or the plans. The department also may determine that payment for the item will be made in accordance with the department's Standard Specifications when the work has been authorized by the department and performed by the contractor.

  (c) Information pertaining to exploration, borings, test pits, and other preliminary investigations may appear on the plans. Soils investigation reports, when available, will be made available for inspection upon request. There is no expressed or implied guarantee that conditions so indicated in the soil investigation reports are entirely representative of those actually existing, or that unanticipated conditions may not exist. These investigations will have been made only for the information of the engineer and to assist in the preparation of the design. The state of Indiana assumes no responsibility for the completeness of the information nor for the actual subsoil or other conditions that may be found to exist during the progress of construction unless otherwise provided in the contract. The bidder shall:

(1) put its own interpretation on results of the investigations; and

(2) satisfy itself as to materials to be excavated and soil through which piles may be driven.

  (d) If a bidder contemplating the submission of a proposal bid for a contract is in doubt as to the true meaning of any part of the plans, specifications, or other contract documents, the bidder may submit to the department a request for an interpretation thereof as specified in the proposal form. The request must be delivered to the department not later than ten (10) days before the advertised date for the opening of bids. The interpretation will be:

(1) made by an authorized representative of the department; and

(2) posted as designated on the proposal page.

The department will not be responsible for other interpretations of the contract documents.

  (e) With respect to utilities and railroads, the bidder shall conduct a reasonable visual review of the project site and contract documents. If there are problems that the bidder knows of or should know of with respect to utilities or railroads, the bidder shall make a reasonable inquiry of the utility or railroad before submitting its proposal bid. (Indiana Department of Transportation; 105 IAC 11-3-6; filed Jul 25, 1991, 3:30 p.m.: 14 IR 2193; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; filed May 23, 2007, 2:58 p.m.: 20070620-IR-105070036FRA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA)