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drawings or specifications in this contract. The presence or absence of a Resident Engineer shall not relieve the Contractor from any of the requirements or obligations of the contract.

§ 2-7.601-3

Protection of existing utilities and communication facilities (use with SF-19 and SF-23). PROTECTION OF EXISTING UTILITIES AND

COMMUNICATION FACILITIES

It shall be the responsibility of the Contractor to protect all existing utilities and communication facilities, above or below ground, from damage wherever encountered. In the event utilities or communication facilities are encountered that are not shown on the drawings or specification, the provisions of the "Changed Conditions" clause of this contract will apply. Any destruction of or damage to existing utilities or communication facilities above or below ground shall be promptly repaired or replaced by the Contractor at the direction of the Contracting Officer and in a manner which will, at a minimum, restore the usefulness and life expectancy existing immediately before damage or destruction.

§ 2-7.601-4 Layout of work (use with SF-19 and SF-23).

LAYOUT OF WORK

The Resident Engineer will furnish and set initial construction stakes, marks and reference points adequate for the establishment of lines and grades for the work and will furnish the Contractor all relative information. The Contractor shall provide competent labor to assist the Resident Engineer in the work. These stakes, marks and reference points shall constitute the primary field control by and in accordance with which the intermediate construction stakes, reference points, batter boards, etc., shall be furnished and set by the Contractor. The Contractor will be held responsible for the proper execution of the work to such lines, and grades, as may be established. All stakes, marks, reference points, or bench marks established by the Government which are disturbed or removed by the Contractor shall be re-established by the Contractor at his own expense, but immediate notification of any such re-establishment shall be furnished to the Resident Engineer, and the accuracy of the re-establishment will be subject to verification by the Resident Engineer.

§ 2-7.601-5 Conduct of work (use with SF-19 and SF-23).

CONDUCT OF WORK

The Contractor shall comply with all valid local laws and regulations governing the operation of the premises and shall perform his work in a manner which will not unduly

interfere with business being conducted thereon.

The Contractor shall provide, erect and maintain all necessary barricades, danger signals, signs and lights for the protection of the work and the safety of the public for both land and air traffic, and shall take any additional protective measures deemed necessary by the Resident Engineer.

All operations of the Contractor (including storage of materials) shall be confined to areas authorized or approved by the Resident Engineer. Temporary buildings (storage sheds, shops, offices, etc.) may be constructed by the Contractor only with the approval of the Resident Engineer and they shall be removed by the Contractor upon completion of work.

The Contractor shall, during the progress of the work, maintain the job site in a neat and orderly condition. Upon completion of work, he shall remove from the premises all debris that may have accumulated in the performance of the work, as well as equipment, tools, scaffolding, etc., belonging to him and shall leave the premises in a neat and attractive condition. § 2-7.601-6

Government-furnished property (use with SF-19 and SF23).

GOVERNMENT-FURNISHED PROPERTY

(a) Title, use and quantities. Any property to be furnished by the Government (as listed elsewhere in this contract under the heading "Government-Furnished Property List" hereafter referred to as "GFPL") is for use only in connection with the performance of the work hereunder. Title to all such property shall remain vested in the Government. The property shall be furnished in the quantities shown, with the exception of items marked "as required", which will be furnished in whatever quantities are required to complete the work. additional quantities of the items on this list and any other property required to complete the work will be furnished by the Contractor.

All

(b) Point of delivery. The Government shall deliver this property to the Contractor at the point(s) specified in the GFPL. The Contractor shall at no expense to the Government inspect, unload, load and make further delivery of the property at the job site. The Contractor shall be responsible for payment of any demurrage and storage charges accruing more than 5 days after his receipt of notice to proceed.

(c) Time of delivery. Any property to be furnished by the Government shall be delivered to the Contractor in sufficient time to enable him to perform the work without delay. The Contractor will be given advance notice of expected delivery dates if they are not already shown on the GFPL. If

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the property is not delivered to the Contractor by the 5th day subsequent to the expected delivery date, he shall notify the Resident Engineer within 3 days thereafter. If there are shortages or defective property in any shipment, the Contractor shall notify the Resident Engineer within 3 days after delivery of shipment, or in case of concealed defects and shortages, within 3 days after they are discovered. In either event, the Resident Engineer will take appropriate action to rectify the matter. In the absence of information from the Contractor to the contrary within the periods specified above, the Government will consider that all property has been delivered to the Contractor on time and in good condition and he may be held responsible thereafter for any shortages and defective property that may later be discovered.

No claim for adjustments in the time and price for performance of the contract pursuant to appropriate clauses of this contract ("Price Adjustment for Suspension Delay or Interruption of Work" and the "Default" clause) shall be allowed for failure of the Government to furnish property unless the Contractor reports the delinquent deliveries within the periods specified above. Notifications to the Resident Engineer are in addition to the requirements under the abovecited clauses for making timely notifications to the Contracting Officer if time and price adjustments are desired.

(d) Surplus. In accordance with instructions furnished by the Resident Engineer, upon completion of the work, any unused property shall be prepared for shipment and be delivered by the Contractor to the nearest appropriate common carrier or Government storage point in the locality of the work.

§ 2-7.601-7 Quantities and unit prices. It is preferred that construction contracts specify a lump sum price for each item of work and/or a total lump sum price for all work performed under the contract in all cases where the extent of the work is ascertainable by the Contractor from the drawings and specifications and a site investigation. Price quotations on a "unit of work" or "unit of material" basis may be solicited only for those phases of the work where it would be clearly unreasonable to expect prospective Contractors to arrive at close estimates without getting into the work or without performing certain preliminary phases of it. In contracts containing unit prices the clause as stipulated below shall be used in either form of contract (SF-19 or SF-23).

QUANTITIES AND UNIT PRICES

(a) (This clause shall apply only to those items to which unit prices apply, and for which estimates are shown of the quantities of such items which may be required to complete the contract work.) The quantities shown in the schedule of items are approximations. The Contractor shall furnish whatever quantities are required to complete the project in accordance with the drawings and specifications. Except as specified in (b) below, the payment for all quantities actually furnished will be made at the unit price shown which shall be the full amount for furnishing, installing and providing all work in connection with the items as required to complete the work of this contract.

(b) If the actual required quantity of an item varies more than 25 percent from any estimated quantity stated in the schedule, the Contracting Officer may make an equitable revision either upward or downward in the unit price. If the actual required quantity of an item exceeds the estimated quantity by more than 25 percent, the Contracting Officer nay also extend the time for performance of the contract work.

(c) Any claim of the Contractor for adjustment under this clause must be asserted in writing before the date of final payment under the contract. If any adjustment is made under this clause, the contract shall be modified accordingly. If the parties fail to agree upon the adjustment to be made, the dispute shall be determined as provided in the "Disputes" clause, but nothing provided in this clause shall excuse the Contractor from proceeding with the prosecution of the work.

§ 2-7.601-8 Notice to the Government of labor disputes (use with SF-23). NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

(a) Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to the Contracting Officer.

(b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify his next higher tier subcontractor, or the prime contractor, as the case may be, of all relevant information with respect to such dispute.

§ 2-7.601-9 Commissioning of site (use with SF-19 and SF-23).

COMMISSIONING OF SITE

The Government reserves the right to put into commission the facilities covered by the contract, in whole or in part, as the progress of the construction will permit. No such commissioning of the site shall be construed as relieving the Contractor from his responsibility for the material delivered and work performed, or as a release from any of the obligations or responsibilities under the contract, including the proper care and protection of all materials and all work performed until completion and final acceptance of all work required under the contract.

§ 2-7.601-10 Guarantee (use with SF19 and SF-23).

GUARANTEE

(a) Unless otherwise provided in the contract, the Contractor guarantees all work performed and materials and equipment delivered to be in accordance with contract requirements and free from defective or inferior materials, equipment and workmanship for one year from the date of final acceptance of the contract work by the Government. The guarantee provided for in this clause shall not extend to or apply to Governmentfurnished material or equipment except as to such work as may be performed thereon by the Contractor.

(b) Upon receipt of notice from the Contracting Officer that work, material or equipment furnished under this contract has failed to meet the contract guarantee, the Contractor shall promptly return to the site of the work and (1) place in satisfactory condition in every particular all such guaranteed work, correcting all defects therein, (2) restore to a satisfactory condition the building or site or any equipment or contents thereof which, in the opinion of the Contracting Officer, are affected or damaged as a result of the use of material, equipment or workmanship which are inferior, defective or not in accordance with the terms of the contract and (3) restore to a satisfactory condition any work, materials and equipment disturbed in fulfilling the guarantee.

(c) In any case where in fulfilling the requirements of the contract or of any guarantee, embraced in or required thereby, the Contractor disturbs any work guaranteed under another contract, he shall restore such disturbed work to a condition satisfactory to the Contracting Officer and guarantee such restored work to the same extent as it was guaranteed under such other contract.

(d) Should the Contractor fail to proceed promptly to comply with the terms of a guarantee under this contract, the Contracting Officer may cause corrective action to be taken by others and the Contractor shall promptly reimburse the Government its cost incurred thereby, or in lieu of taking corrective action, the Contracting Officer may

cause the Contractor to pay to the Government an amount of money commensurate with what the corrective action would cost. § 2-7.601-11 Contract time-notice to proceed (use with SF-23).

CONTRACT TIME-NOTICE TO PROCEED

(a) If, in the opinion of the Contracting Officer, the Contractor's delay in executing formal contract documents or furnishing performance or payment bonds causes a delay in the issuance of the notice to proceed, the time to complete the work as specified in the bid shall be reduced by an amount of time no greater than the Contractor's delay.

(b) The Contractor shall perform no work under this contract until the required contract documents and bonds have been furnished. Thereafter, work at other than the contract site may be undertaken. The Contractor shall perform no work at the contract site except pursuant to a notice to proceed given by the Contracting Officer.

(c) Notice to proceed may be issued by the Government at its convenience. Any right of the Contractor to a price adjustment because of unreasonable delay on the part of the Government in issuing notice to proceed shall be determined in accordance with the clause entitled "Price Adjustment for Suspension, Delay, or Interruption of the Work."

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§ 2-7.601-13 Special precautions for work at operating airports (use with SF-23 when any work is to be performed at operating airports).

SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS

(a) When work is to be performed at an operating airport the Contractor must arrange his work schedule so as to constitute the least possible interference with flight operations. Such operations will take precedence over construction convenience. Any operations of the Contractor which would otherwise interfere with or endanger the operations of aircraft shall be performed only at times and in the manner directed by the Resident Engineer. The Government will make every effort to reduce the disruption of the Contractor's operation.

(b) Unless otherwise specified by local regulations, all areas in which construction operations are underway shall be marked by yellow flags during daylight hours and by red lights at other times. The red lights along the edge of the construction areas within the existing aprons shall be the electric type of not less than 100 watts intensity placed and supported as required. All other construction markings on roads and adjacent parking lots may be either electric or battery type lights. These lights and flags shall be placed so as to outline the construction areas and the distance between any two flags or lights shall not be greater than 25 feet. The Contractor shall provide adequate watch to maintain the lights in working conditions at all times other than daylight hours. The hour of beginning and the hour of ending of daylight will be determined by the Resident Engineer.

(c) All equipment and materials in the construction areas or when moved outside of the construction area shall be marked with airport safety flags during the day, and when directed by the Resident Engineer, with red obstruction lights at night. All equipment operating on the apron, taxiway, runway and intermediate areas after darkness hours shall have clearance lights in conformance with instructions from the Resident Engineer. No construction equipment shall operate within 50 feet of aircraft undergoing fuel operations. Open flames are not allowed on the ramp except at times authorized by the Resident Engineer.

(d) Trucks and other motorized equipment entering the airport or construction area shall do so only over routes determined by the Resident Engineer. Use of runways, aprons, taxiways or parking areas as truck or equipment routes will not be permitted unless specifically authorized for such use. Flagmen shall be furnished by the Contractor at points on apron and taxiways for safe guidance of his equipment over these areas to assure right of way to aircraft. Areas and routes used during the period of the contract must be returned to their original condition by the Contractor. maximum speed allowed on the Airport shall be as established by the airport management. Vehicles shall be operated so as to be under safe control at all times, weather and traffic conditions considered. Vehicles must be equipped with head and tail lights during the hours of darkness.

The

§ 2-7.601-14 Standard references (use with SF-23).

STANDARD REFERENCES

(a) Any materials, equipment, or workmanship specified by reference to the number, symbol, or title of any specified Standard

shall comply with the latest edition or revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the specifications.

(b) "Federal Standards," "Commercial Standards," and "Simplified Practice Recommendations" can be purchased from the Superintendent of Documents, United States Government Printing Office, Washington 25, D.C., or may be obtained from any Field Office of the U.S. Department of Commerce. Federal Specifications may be obtained from any Field Office of the U.S. Department of Commerce. Federal Specifications may be obtained from any Regional Office of the General Services Administration or the Superintendent of Documents.

(c) Standards of Associations referred to in the specifications may be obtained from the Associations.

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(a) The general character and scope of the work are shown by the drawings listed in the contract.

(b) In case of differences between small and large scale drawings, the large scale drawings shall govern. Schedules on drawings shall take precedence over any conflicting notations on the drawings. On any of the drawings where a portion of the work is drawn out and the remainder is shown in outline, the parts drawn shall apply also to all other like portions of the work.

(c) Where the word "similar" occurs on the drawings, it shall have a general meaning and not be interpreted as being identical, and all details shall be worked out in relation to their location and their connection with other parts of the work.

§ 2-7.601-16 Shop drawings and illustrative literature (use with SF23).

SHOP DRAWINGS AND ILLUSTRATIVE LITERATURE

The Contractor shall submit shop and setting drawings, illustrative literature and schedules, as required by the specification, to the Contracting Officer for approval sufficiently in advance of construction requirements to allow ample time for checking, resubmitting and rechecking. The approval of these shall be general and shall not be construed as permitting any departure from specifications or as relieving the Contractor of the responsibility for any errors or details. If such drawings, literature and schedules deviate from the cpntract requirements, such deviations shall be described by the Contractor in his letter of transmittal.

§ 2-7.601-17 Electrical codes (use with SF-19 and SF-23).

ELECTRICAL CODES

Requirements of the specifications and drawings applicable to this contract are intended to be in conformity with the National Electrical Code, National Safety Code, and state and local electrical codes. When they are found to be in conflict the Contractor shall promptly notify the Contracting Officer and obtain his determination as to the course of action to be followed. In determining whether an adjustment in contract price or time may be involved, it shall be understood that the Contractor's bid has been based upon performing the work in conformity with the specifications and drawings.

§ 2-7.601-18 Nondomestic construction materials (use with SF-23).

NONDOMESTIC CONSTRUCTION MATERIALS

The requirements of the Buy American Act clause do not apply to the following construction material or components:

Antimony, as metal or oxide.
Asbestos, amosite.

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