|
Section 10 - Definition of Terms
Section 20 - Proposal Requirements and Conditions
Section 30 - Award and Execution of Contract
Section 40 - Scope of Work
Section 50 - Control of Work
Section 60 - Control of Materials
Section 70 - Legal Regulations and Responsibility to Public
Section 80 - Prosecution and Progress
Section 90 - Measurement and Payment
Section 100 - Contractor Quality Control Program
Section 110 - Methods
of Estimating Percentage of Material within Specifications
(PWL) [pdf, 5 pages, 21kb]
Section 70 - Legal Regulations and Responsibility to Public
70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all
Federal and state laws, all local laws, ordinances, and 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, regulations, orders, and decrees; and shall
protect and indemnify the owner and all his/her officers, agents, or servants
against any claim or liability arising from or based on the violation of any
such law, ordinance, regulation, order, or decree, whether by himself or his/her
employees.
70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits
and licenses, pay all charges, fees, and taxes, and give all notices necessary
and incidental to the due and lawful prosecution of the work.
70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is
required or desires to use any design, device, material, or process covered by
letters of patent or copyright, he shall provide for such use by suitable legal
agreement with the patentee or owner. The Contractor and the surety shall
indemnify and save harmless the owner, any third party, or political subdivision
from any and all claims for infringement by reason of the use of any such
patented design, device, material or process, or any trademark or copyright, and
shall indemnify the owner for any costs, expenses, and damages which it may be
obliged to pay by reason of an infringement, at any time during the prosecution
or after the completion of the work.
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the
right to authorize the construction, reconstruction, or maintenance of any
public or private utility service, FAA or National Oceanic and Atmospheric
Administration (NOAA) facility, or a utility service of another government
agency at any time during the progress of the work. To the extent that such
construction, reconstruction, or maintenance has been coordinated with the
owner, such authorized work (by others) is indicated in the special conditions,
or on the plans.
Except as listed above, the Contractor shall not permit any individual, firm,
or corporation to excavate or otherwise disturb such utility services or
facilities located within the limits of the work without the written permission
of the Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility,
or a utility service of another government agency be authorized to construct,
reconstruct, or maintain such utility service or facility during the progress of
the work, the Contractor shall cooperate with such owners by arranging and
performing the work in this contract so as to facilitate such construction,
reconstruction or maintenance by others whether or not such work by others is
listed above. When ordered as extra work by the Engineer, the Contractor shall
make all necessary repairs to the work which are due to such authorized work by
others, unless otherwise provided for in the contract, plans, or specifications.
It is understood and agreed that the Contractor shall not be entitled to make
any claim for damages due to such authorized work by others or for any delay to
the work resulting from such authorized work.
70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States
Government has agreed to reimburse the owner for some portion of the contract
costs. Such reimbursement is made from time to time upon the owner's (sponsor's)
request to the FAA. In consideration of the United Sates Government's (FAA's)
agreement with the owner, the owner has included provisions in this contract
pursuant to the requirements of the Airport Improvement Act of 1982, as amended
by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the
Rules and Regulations of the FAA that pertain to the work.
As required by the Act, the contract work is subject to the inspection and
approval of duly authorized representatives of the Administrator, FAA, and is
further subject to those provisions of the rules and regulations that are cited
in the contract, plans, or specifications.
No requirement of the Act, the rules and regulations implementing the Act, or
this contract shall be construed as making the Federal Government a party to the
contract nor will any such requirement interfere, in any way, with the rights of
either party to the contract.
70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide
and maintain in a neat, sanitary condition such accommodations for the use of
his/her employees as may be necessary to comply with the requirements of the
state and local Board of Health, or of other bodies or tribunals having
jurisdiction.
Attention is directed to Federal, state, and local laws, rules and
regulations concerning construction safety and health standards. The Contractor
shall not require any worker to work in surroundings or under conditions are
unsanitary, hazardous, or dangerous to his/her health or safety.
70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her
operations and those of his/her subcontractors and all suppliers, to assure the
least inconvenience to the traveling public. Under all circumstances, safety
shall be the most important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft
and vehicular traffic with respect to his/her own operations and those of
his/her subcontractors and all suppliers in accordance with the subsection
titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall
limit such operations for the convenience and safety of the traveling public as
specified in the subsection titled LIMITATION OF OPERATIONS of Section 80
hereinafter.
70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall
furnish, erect, and maintain all barricades, warning signs, and markings for
hazards necessary to protect the public and the work. When used during periods
of darkness, such barricades, warning signs, and hazard markings shall be
suitably illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect,
and maintain barricades, warning signs, lights and other traffic control devices
in reasonable conformity with the Manual of Uniform Traffic Control Devices for
Streets and Highways (published by the United States Government Printing
Office).
When the work requires closing an air operations area of the airport or
portion of such area, the Contractor shall furnish, erect, and maintain
temporary markings and associated lighting conforming to the requirements of AC
150/5340-1, Marking of Paved Areas on Airports.
The Contractor shall furnish, erect, and maintain markings and associated
lighting of open trenches, excavations, temporary stock piles, and his/her
parked construction equipment that may be hazardous to the operation of
emergency fire-rescue or maintenance vehicles on the airport in reasonable
conformance to AC 150/5370-2, Operational Safety on Airports During Construction
Activity.
The Contractor shall identify each motorized vehicle or piece of construction
equipment in reasonable conformance to AC 150/5370-2.
The Contractor shall furnish and erect all barricades, warning signs, and
markings for hazards prior to commencing work which requires such erection and
shall maintain the barricades, warning signs, and markings for hazards until
their dismantling is directed by the Engineer.
Open-flame type lights shall not be permitted within the air operations areas
of the airport.
70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the
prosecution of the work, the Contractor shall exercise the utmost care not to
endanger life or property, including new work. The Contractor shall be
responsible for all damage resulting from the use of explosives.
All explosives shall be stored in a secure manner in compliance with all laws
and ordinances, and all such storage places shall be clearly marked. Where no
local laws or ordinances apply, storage shall be provided satisfactory to the
Engineer and, in general, not closer than 1,000 feet (300 m) from the work or
from any building, road, or other place of human occupancy.
The Contractor shall notify each property owner and public utility company
having structures or facilities in proximity to the site of the work of his/her
intention to use explosives. Such notice shall be given sufficiently in advance
to enable them to take such steps as they may deem necessary to protect their
property from injury.
The use of electrical blasting caps shall not be permitted on or within 1,000
feet (300 m) of the airport property.
70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor
shall be responsible for the preservation of all public and private property,
and shall protect carefully from disturbance or damage all land monuments and
property markers until the Engineer has witnessed or otherwise referenced their
location and shall not move them until directed.
The Contractor shall be responsible for all damage or injury to property of
any character, during the prosecution of the work, resulting from any act,
omission, neglect, or misconduct in his/her manner or method of executing the
work, or at any time due to defective work or materials, and said responsibility
will not be released until the project shall have been completed and accepted.
When or where any direct or indirect damage or injury is done to public or
private property by or on account of any act, omission, neglect, or misconduct
in the execution of the work, or in consequence of the nonexecution thereof by
the Contractor, he shall restore, at his/her own expense, such property to a
condition similar or equal to that existing before such damage or injury was
done, by repairing, or otherwise restoring as may be directed, or he shall make
good such damage or injury in an acceptable manner.
70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and
save harmless the Engineer and the owner and their officers, and employees from
all suits actions, or claims of any character brought because of any injuries or
damage received or sustained by any person, persons, or property on account of
the operations of the Contractor; or on account of or in consequence of any
neglect in safeguarding the work; or through use of unacceptable materials in
constructing the work; or because of any act or omission, neglect, or misconduct
of said Contractor; or because of any claims or amounts recovered from any
infringements of patent, trademark, or copyright; or from any claims or amounts
arising or recovered under the "Workmen's Compensation Act," or any other law,
ordinance, order, or decree. Money due the Contractor under and by virtue of
his/her contract as may be considered necessary by the owner for such purpose
may be retained for the use of the owner or, in case no money is due, his/her
surety may be held until such suit or suits, action or actions, claim or claims
for injuries or damages as aforesaid shall have been settled and suitable
evidence to that effect furnished to the owner, except that money due the
Contractor will not be withheld when the Contractor produces satisfactory
evidence that he is adequately protected by public liability and property damage
insurance.
70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the
parties executing the contract that it is not intended by any of the provisions
of any part of the contract to create the public or any member thereof a third
party beneficiary or to authorize anyone not a party to the contract to maintain
a suit for personal injuries or property damage pursuant to the terms or
provisions of the contract.
70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the
Contractor to complete portions of the contract work for the beneficial
occupancy of the owner prior to completion of the entire contract, such
"phasing" of the work shall be specified herein and indicated on the plans. When
so specified, the Contractor shall complete such portions of the work on or
before the date specified or as otherwise specified. The Contractor shall make
his/her own estimate of the difficulties involved in arranging his/her work to
permit such beneficial occupancy by the owner as described in the special
conditions, or on the plans.
Upon completion of any portion of the work listed above, such portion shall
be accepted by the owner in accordance with the subsection titled PARTIAL
ACCEPTANCE of Section 50.
No portion of the work may be opened by the Contractor for public use until
ordered by the Engineer in writing. Should it become necessary to open a portion
of the work to public traffic on a temporary or intermittent basis, such
openings shall be made when, in the opinion of the Engineer, such portion of the
work is in an acceptable condition to support the intended traffic. Temporary or
intermittent openings are considered to be inherent in the work and shall not
constitute either acceptance of the portion of the work so opened or a waiver of
any provision of the contract. Any damage to the portion of the work so opened
that is not attributable to traffic which is permitted by the owner shall be
repaired by the Contractor at his/her expense.
The Contractor shall make his/her own estimate of the inherent difficulties
involved in completing the work under the conditions herein described and shall
not claim any added compensation by reason of delay or increased cost due to
opening a portion of the contract work.
70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final
written acceptance of the entire completed work, excepting only those portions
of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE
of Section 50, the Contractor shall have the charge and care thereof and shall
take every precaution against injury or damage to any part due to the action of
the elements or from any other cause, whether arising from the execution or from
the nonexecution of the work. The Contractor shall rebuild, repair, restore, and
make good all injuries or damages to any portion of the work occasioned by any
of the above causes before final acceptance and shall bear the expense thereof
except damage to the work due to unforeseeable causes beyond the control of and
without the fault or negligence of the Contractor, including but not restricted
to acts of God such as earthquake, tidal wave, tornado, hurricane or other
cataclysmic phenomenon of nature, or acts of the public enemy or of government
authorities.
If the work is suspended for any cause whatever, the Contractor shall be
responsible for the work and shall take such precautions necessary to prevent
damage to the work. The Contractor shall provide for normal drainage and shall
erect necessary temporary structures, signs, or other facilities at his/her
expense. During such period of suspension of work, the Contractor shall properly
and continuously maintain in an acceptable growing condition all living material
in newly established planting, seedings, and soddings furnished under his/her
contract, and shall take adequate precautions to protect new tree growth and
other important vegetative growth against injury.
70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF
OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED
BY OTHERS of this section, the Contractor shall cooperate with the owner of any
public or private utility service, FAA or NOAA, or a utility service of another
government agency that may be authorized by the owner to construct, reconstruct
or maintain such utility services or facilities during the progress of the work.
In addition, the Contractor shall control his/her operations to prevent the
unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA
facilities, or utility services of another governmental agency are known to
exist within the limits of the contract work, the approximate locations have
been indicated on the plans and the owners are indicated in the special
conditions, or on the plans.
It is understood and agreed that the owner does not guarantee the accuracy or
the completeness of the location information relating to existing utility
services, facilities, or structures that may be shown on the plans or
encountered in the work. Any inaccuracy or omission in such information shall
not relieve the Contractor of his/her responsibility to protect such existing
features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution
of the contract, notify the owners of all utility services or other facilities
of his/her plan of operations. Such notification shall be in writing addressed
to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the
subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A
copy of each notification shall be given to the Engineer.
In addition to the general written notification hereinbefore provided, it
shall be the responsibility of the Contractor to keep such individual owners
advised of changes in his/her plan of operations that would affect such owners.
Prior to commencing the work in the general vicinity of an existing utility
service or facility, the Contractor shall again notify each such owner of
his/her plan of operation. If, in the Contractor's opinion, the owner's
assistance is needed to locate the utility service or facility or the presence
of a representative of the owner is desirable to observe the work, such advice
should be included in the notification. Such notification shall be given by the
most expeditious means to reach the utility owner's PERSON TO CONTACT no later
than two normal business days prior to the Contractor's commencement of
operations in such general vicinity. The Contractor shall furnish a written
summary of the notification to the Engineer.
The Contractor's failure to give the two day's notice hereinabove provided
shall be cause for the Engineer to suspend the Contractor's operations in the
general vicinity of a utility service or facility.
Where the outside limits of an underground utility service have been located
and staked on the ground, the Contractor shall be required to use excavation
methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits
at such points as may be required to ensure protection from damage due to the
Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service
or facility by accident or otherwise, he shall immediately notify the proper
authority and the Engineer and shall take all reasonable measures to prevent
further damage or interruption of service. The Contractor, in such events, shall
cooperate with the utility service or facility owner and the Engineer
continuously until such damage has been repaired and service restored to the
satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to
any utility service or facility due to his/her operations whether or not due to
negligence or accident. The contract owner reserves the right to deduct such
costs from any monies due or which may become due the Contractor, or his/her
surety.
70-16 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing
all rights-of-way upon which the work is to be constructed in advance of the
Contractor's operations.
70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the
contract provisions or in exercising any power or authority granted to him by
this contract, there shall be no liability upon the Engineer, his/her authorized
representatives, or any officials of the owner either personally or as an
official of the owner. It is understood that in such matters they act solely as
agents and representatives of the owner.
70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will
expeditiously make final inspection and notify the Contractor of final
acceptance. Such final acceptance, however, shall not preclude or estop the
owner from correcting any measurement, estimate, or certificate made before or
after completion of the work, nor shall the owner be precluded or estopped from
recovering from the Contractor or his/her surety, or both, such overpayment as
may be sustained, or by failure on the part of the Contractor to fulfill his/her
obligations under the contract. A waiver on the part of the owner of any breach
of any part of the contract shall not be held to be a waiver of any other or
subsequent breach.
The Contractor, without prejudice to the terms of the contract, shall be
liable to the owner for latent defects, fraud, or such gross mistakes as may
amount to fraud, or as regards the owner's rights under any warranty or
guaranty.
70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal,
state, and local laws and regulations controlling pollution of the environment.
He shall take necessary precautions to prevent pollution of streams, lakes,
ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful
materials and to prevent pollution of the atmosphere from particulate and
gaseous matter.
70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in
this subsection, the Contractor is advised that the site of the work is not
within any property, district, or site, and does not contain any building,
structure, or object listed in the current National Register of Historic Places
published by the United States Department of Interior.
Should the Contractor encounter, during his/her operations, any building,
part of a building, structure, or object which is incongruous with its
surroundings, he shall immediately cease operations in that location and notify
the Engineer. The Engineer will immediately investigate the Contractor's finding
and will direct the Contractor to either resume his/her operations or to suspend
operations as directed.
Should the Engineer order suspension of the Contractor's operations in order
to protect an archaeological or historical finding, or order the Contractor to
perform extra work, such shall be covered by an appropriate contract
modification (change order or supplemental agreement) as provided in the
subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR
EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract
modification shall include an extension of contract time in accordance with the
subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. |
