in testing the scales. Public weighing facilities may be used if tested and sealed by the local authority, subject to approval by the Engineer of the weighing procedures.

If provided herein or in the special provisions, the Contractor shall provide a weatherproof building or trailer for use as a field laboratory by the Engineer. The structure shall have adequate work space for required testing operations and be provided with necessary heat, water supply, lighting and any other utilities shown in the special provisions.

The Contractor shall provide and maintain a substantial weatherproof bulletin board at a conspicuous accessible location on the project site until final acceptance of the work. The size and construction shall be suitable for the continuous display and protection from the elements and vandalism of posters and other information as required by the contract.

All devices and structures furnished by the Contractor under this subsection shall remain his property and be removed by him when no longer needed by the Engineer. No direct payment will be made for structures or utilities furnished, but the costs thereof will be considered to be included in pay items of the contract.

106.06 Storage of Materials. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. The equipment and methods used for stockpiling aggregates and for removing the aggregates from the stockpiles shall be such that no detrimental degradation or segregation of the aggregate will result and that no appreciable amount of foreign material will be incorporated into the aggregate and that there will be no intermingling of stockpiled materials. Stockpiles shall be built up in layers of one to five feet in thickness. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. Approved portions of the right-of-way may be used for storage purposes and for the placing of the Contractor's plant and equipment, but any additional space required therefor must be provided by the Contractor at his expense. Private property shall not be used for storage purposes without written permission of the owner or lessee, and if requested by the Engineer copies of such written permission shall be furnished him. All storage sites from which the stored material has been removed shall be restored to their original condition by the Contractor at his expense.

106.07 Handling Materials. All materials shall be handled in such manner as to preserve their quality and fitness for the work. Aggregates shall be transported from the storage site to the work in tight vehicles so constructed as to

prevent loss or segregation of materials after loading and measuring in order that there shall be no inconsistencies in the quantities as actually received at the place of operations.

106.08 Unacceptable Materials. All materials not within reasonably close conformity to the requirements of the specifications at the time tested for acceptance will be considered as unacceptable and all such materials will be rejected in accordance with subsection 105.03 and shall be removed immediately from the site of the work unless the defects are corrected and the material subsequently approved by the Engineer. No rejected material, the defects of which have been corrected, shall be used until approval has been given. See also subsection 105.11.

106.09 Material Furnished by the Government. Any material furnished by the Government will be delivered or made available to the Contractor at the points specified in the special provisions or shown on the plans. The cost of handling and placing all such materials after they are delivered to the Contractor will be considered as included in the contract price for the item in connection with which they are used. The Contractor will be held responsible for all material delivered to him by the Government and deductions will be made from any monies due him to make good any shortages and deficiencies, from any cause whatsoever, and for any damage which may occur after such deliver, and for any demurrage charges.

Section 107.-LEGAL RELATIONS AND
RESPONSIBILITY TO THE PUBLIC

107.01 Laws to be Observed. The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, safety codes, 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, safety codes, regulations, orders, and decrees; and shall protect and indemnify the Government and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance safety code, regulation, order, or decree, whether by himself or his employees.

The Contractor shall obtain workmen's compensation insurance in accordance with the benefit amount requirements of the laws of the State in which the work is to be performed.

107.02 Permits and Responsibilities. The following clause of SF23-A applies and shall prevail in event of any conflict in contract provisions:

12. Permits and Responsibilities

The Contractor shall, without additional expense to the government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with the prosecution of the work. He shall be similarly responsible for all damages to persons or property that occur as a result of his fault or negligence. He shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which theretofore may have been accepted.

107.03 Patented Devices; Materials, and Processes. The following clause of SF23-A applies and shall prevail in event of any conflict in contract provisions:

15. Patent Indemnity

Except as otherwise provided, the Contractor agrees to indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters Patent of the United States (except Letters Patent issued upon an application which is now or may hereafter be, for reasons of national security, ordered by the Government to be kept secret or otherwise withheld from issue) arising out of the performance of this contract or out of the use or disposal by or for the account of the Government of supplies furnished or construction work performed hereunder.

107.04 Surfaces Opened by Permit. The right to construct or reconstruct any utility service in the highway or street or to grant permits for same, at any time, is hereby expressly reserved by the Government for the proper authorities of the locality in which the work is done and the Contractor will not be entitled to claim any damages, other than time adjustment, for delay due to such permitted work.

Any eligible individual, firm, or corporation wishing to make an opening in the highway must secure a permit from the Government. The Contractor shall allow parties bearing such permits, and only those parties, to make openings in the

highway. When directed by the Engineer, the Contractor shall make in an acceptable manner all necessary repairs due to such openings and such necessary work will be paid for in accordance with subsection 109.04 or as provided in the specifications, and will be subject to the same conditions as original work performed.

107.05 Federal Procurement Regulations. All construction contracts supervised directly by the Bureau of Public Roads are awarded under the Federal Procurement Regulations promulgated by the U.S. General Services Administration.

107.06 Sanitary Provisions. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees and for the use of government employees when the special provisions do not contain other provisions, to comply with the requirements of the State and local Boards of Health, or of other bodies or tribunals having jurisdiction. No direct payment will be made for the work required by this subsection, but the costs thereof will be considered to be included in bid prices of the contract.

107.07 Public Convenience and Safety. The Contractor shall at all times so conduct his work as to assure the least possible obstruction to traffic. The safety and convenience of the general public and the residents along the highway and the protection of persons and property shall be provided for by the Contractor as specified under subsection 104.04.

Care shall be taken at all times to regulate the operations so as to protect visitors and campers in the National Forest or Park or other Government reservation involved. No road shall be closed by the Contractor to the public except by written permission of the Engineer.

107.08 Railway-Highway Provisions. If the plans require that materials be hauled across the tracks of any railway, the Government will make arrangement with the railway for any new crossings required or for the use of any existing crossings. If the Contractor elects to use crossings other than those shown on the plans, he shall make his own arrangements for the use of such crossings.

All work to be performed by the Contractor in construction on the railroad right-of-way shall be performed at such times and in such manner as not to unnecessarily interfere with the movement of trains or traffic upon the track of the railway company. The Contractor shall use all care and precaution in order to avoid accidents, damage, or unnecessary delay or interference with the railway company's trains or other property.

Railroad liability insurance shall be obtained by the Contractor as provided in the special provisions.

107.09 Bridges over Navigable Waters. All work on navigable waters shall be so conducted that free navigation of the waterways will not be interfered with and that the existing navigable depths will not be impaired except as provided in the special provisions.

107.10 Barricades, Warning Signs and Other Devices. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance of any place on the project where operations may interfere with the use of the road by traffic, and at all intermediate points where the new work crosses or coincides with an existing road. All barricades, warning signs, lights, temporary signals, flagmen and pilotcar operators and equipment, and other protective devices except for special devices, whenever required under subsection 107.09, shall conform with Part V of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Bureau of Public Roads. The Contractor shall furnish, erect, maintain, and remove, when directed, any informational identification signs shown on the plans.

Warning signs shall be posted, wherever directed, during blasting operations.

No direct payment will be made for the work required by this subsection, but the costs thereof will be considered to be included in bid prices of the contract, except as provided in 104.04 (c).

107.11 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 liable for all damage resulting from the use of explosives.

Excavation of rock by use of explosives shall be done in such a manner as will result in a minimum of breakage outside the neat lines of the typical cross section as staked by the Engineer.

When specified in the special provisions, all materials to be excavated by blasting shall be line drilled or presplit on the slope line the full depth of the cut or as directed by the Engineer.