(a) This subpart sets forth additional contract clauses for use in fixedprice construction contracts. (b) This subpart does not apply to highway construction contracts of the Federal Highway Administration. § 12-7.601 Required clauses. In addition to the clauses included in the standard forms referenced in FPR Subpart 1-16.4 and the clauses set forth or referenced in FPR Subpart 17.6, the following clauses shall be included in short form construction contracts (Standard Form 19) or long form construction contracts (Standard Form 23A), as indicated by the instructions for their use. §12-7.601-50 Gratuities (use with SF-19 or SF-23A). Insert the clause set forth in DOTPR 12-7.150-1. § 12-7.601-51 Protection of existing vegetation, structures, utilities, and improvements (use with SF-19 or SF23A). PROTECTION OF EXISTING VEGETATION, STRUCTURES, UTILITIES, AND IMPROVEMENTS (a) The Contractor will preserve and protect all existing vegetation (such as trees, shrubs, and grass) on or adjacent to the site of work which is not to be removed and which does not unreasonably interfere with the construction work. Care will be taken in removing trees authorized for reinoval to avoid damage to vegetation to remain in place. Any limbs or branches of trees broken during such operations or by the careless operation of equipment or by workmen, shall be trimmed with a clean cut and paint ed with an approved tree pruning compound, as directed by the Contracting Offi cer. (b) All existing utilities, communications facilities, and other improvements, including but not limited to conduit, pipe, wiring, or cable (hereinafter referred to as "improvements"), whether above or below ground, shall be protected by the Contractor from damage or destruction. The Contractor shall ascertain from the drawings and specifications the location of any concealed improvements, at or near the site of the work. Any destruction of or damage to existing improvements, above or below ground, shall be promptly repaired, restored, or replaced at the direction of the Contracting Officer. The directions of the Contracting Officer may require complete replacement of conduits, pipes, wiring, cables, or similar improvements where original installation was made under a requirement for continuous, unspliced lengths. The Contracting Officer has the right to have the necessary corrective work performed by the Contractor at his expense, or by others and charge the cost thereof to the Contractor. If concealed improvements are encountered and they are not shown on the drawings or specifications, the provisions of the "Differing Site Conditions" clause of this contract shall apply. § 12-7.601-52 Operations and storage areas (use with SF-23A). OPERATIONS AND STORAGE AREAS (a) All operations of the Contractor (including storage of materials) upon Government premises shall be confined to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by his operations. (b) Temporary buildings (storage sheds, shops, offices, etc.) may be erected by the Contractor only with the approval of the Contracting Officer, and shall be built with labor and materials furnished by the Contractor without expense to the Government. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by him at his expense upon the completion of the work. With the written consent of the Contracting Officer, such buildings and utilities may be abandoned and need not be removed. (c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways or construct and use such temporary roadways as may be authorized by the Contracting Officer. Where materials are transported in the prosecution of the work, vehicles shall not be loaded beyond the loading capacity rec ommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged roads, curbings, or sidewalks shall be repaired by, or at the expense of the Contractor. § 12-7.601-53 Modification proposalsprice breakdown (use with SF-23A). MODIFICATION PROPOSALS-PRICE BREAKDOWN The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefor shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. § 12-7.601-54 Work schedule (use with SF-19). WORK SCHEDULE The Contractor shall, within 10 days from date of award of contract (unless a different time is specified in the contract), furnish to t'he Contracting Officer, in triplicate, a schedule showing the proposed dates on which the major phases of the work will be started and completed. Acceptance of the schedule by the Contracting Officer shall not excuse the Contractor for any delay in completing the work. § 12-7.601-55 Cleaning up (use with SF23A). CLEANING UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulations of waste material or rubbish and prior to completion of the work remove from the premises any rubbish and all tools, scaffolding, equipment, and material not the property of the Government. Upon completion of the construction the Contractor shall leave the work and pre.nises in a clean, neat and workmanlike condition satisfactory to the Contracting Officer. § 12-7.601--56 Additional definitions (use with SF-23A). ADDITIONAL DEFINITIONS (a) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory" words of like import shall mean "approved by" or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. or (b) Where "as shown", "as indicated”, “as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provided complete in place", that is "furnished and installed". (a) The Contractor shall provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract; and the Contractor shall comply with any accident prevention or safety requirements included or referenced in this contract. (b) The Contractor will maintain an accurate record of, and will report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract. (c) The Contracting Officer will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor. (d) Compliance with the provisions of this clause by subcontractors will be the responsibility of the Contractor. § 12-7.601-58 Contracting officer's representative (use with SF-19 or SF-23A). CONTRACTING OFFICER'S REPRESENTATIVE The Contracting Officer may designate Government personnel to act as his authorized representatives for one or more contract administration functions not involving a change in the scope, price, terms, or conditions of the contract. Such designation will be in writing, set forth elsewhere in the contract or by separate letter signed by the Contracting Officer, and will contain specific instructions as to the extent to which the representative may take action for the Contracting Officer. Such designation will not contain authority to sign contractual documents, nor will it authorize the designee to order contract changes, modify contract terms, or create any liability on the part of the Government different from that set forth in the contract. proceed (use with SF-23A). CONTRACT TIME-NOTICE TO PROCEED (a) Provided the contract is not terminated pursuant to paragraph 4, Standard Form 22, "Instructions to Bidders", 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 contract, may be reduced to reflect such 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 titled "Suspension of Work”. § 12-7.601-60 Rights in shop drawings (use with SF-23A). RIGHTS IN SHOP DRAWINGS (a) Shop drawings for construction means drawings submitted to the Government by the Construction Contractor, subcontractor or any lower tier subcontractor pursuant to a construction contract, showing in detail (i) the proposed fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier. § 12-7.601-61 Notice of delays (use with SF-19 or SF-23A). Insert the clause set forth in DOTPR 12-7.150-9. § 12-7.601-62 Priorities, allocations, and allotments (use with SF-23A). Insert the clause set forth in DOTPR 12-7.150-3. § 12-7.601-63 Dissemination of contract information (use with SF-23A). Insert the clause set forth in DOTPR 12-7.150-11. § 12-7.601-64 Guarantee (use with SF-19 or SF-23A). 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 1 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 at his expense (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 guarantees 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. § 12-7.601-65 General conduct of work (use with SF-19). GENERAL CONDUCT OF WORK (a) The Contractor shall comply with any accident prevention or safety requirements included or referenced in this contract, and shall take any additional protective measures deemed necessary by the Contracting Officer. (b) All operations of the Contractor (including storage of materials) shall be confined to areas authorized by the Contracting Officer. If the use of temporary buildings is authorized by the Contracting Officer, such buildings shall be removed by the Contractor at his expense upon completion of the work. (c) The Contractor shall keep the construction area free from waste material or rubbish. Upon completion of the work, he shall remove his equipment, tools, and material, and leave the premises in a clean, neat, and orderly condition. (d) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways or construct and use such temporary roadways as may be authorized by the Contracting Officer. § 12-7.601-66 Contractor inspection system (use with SF-23A). CONTRACTOR INSPECTION SYSTEM The Contractor shall (i) maintain an adequate inspection system and perform such inspections as will assure that the work performed under the contract conforms to contract requirements, and (ii) maintain and make available to the Government adequate records of such inspection. § 12-7.601-67 Information regarding Buy American Act (use with SF-23A). INFORMATION REGARDING BUY AMERICAN ACT (a) The Buy American Act (41 U.S.C. 10a10d) generally requires that only domestic construction material be used in the performance of this contract. (See the clause entitled "Buy Ainerican" in Standard Form 23A, General Provisions, Construction Contract.) This requirement does not apply to the following construction material or components: Acetylene black. Cadmium, ores and flue dust. Cork, wood or bark and waste. Graphite, natural.. Mica. Rubber, crude and latex. Wax, carnauba. Woods of the following species: Angelique, balsa, ekki, greenheart, lignum vitae, mahogany and teak. (b)(1) Furthermore, bids or proposals offering use of additional nondomestic construction material may be acceptable for award if the Government determines that use of comparable domestic construction material is impracticable or would unreasonably increase the cost or that domestic construction material (in sufficient and reasonably available commercial quantities and of a satisfactory quality) is unavailable. Reliable evidence shall be furnished justifying such use of additional nondomestic construction material. (2) Where it is alleged that use of domestic construction material would unreasonably increase the cost: (i) Data shall be included, based on a reasonable canvass of suppliers, demonstrating that the cost of each such domestic construction material would exceed by more than 6 percent the cost of comparable nondomestic construction material. (All costs of delivery to the construction site shall be included, as well as any applicable duty.) (ii) For evaluation purposes, 6 percent of the cost of all additional nondomestic construction material, which qualifies under paragraph (i), above, will be added to the bid or proposal. (3) When offering additional nondomestic construction material, bids or proposals may also offer, at stated prices, any available comparable domestic construction material, so as to avoid the possibility that failure of a nondomestic construction material to be acceptable under (1), above, will cause rejection of the entire bid. § 12-7.601-68 Use and possession prior to completion (use with SF-19 or SF23A). USE AND POSSESSION PRIOR TO COMPLETION The Government shall have the right to take possession of or use any completed or partially completed part of the work. Such possession or use shall not be deemed an acceptance of any work not completed in accordance with the contract. While the Government is in such possession, the Contractor, notwithstanding the provisions of the clause of this contract entitled "Permits and Responsibilities," shall be relieved of the responsibility for loss or damage to the work other than that resulting from the Contractor's fault or negligence. If such prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment in the contract price or the time of completion will be made and the contract shall be modified in writing accordingly. § 12-7.601-69 Subcontract data (use with SF-19 or SF-23A). SUBCONTRACT DATA Within 10 days after award, either by the Contractor or Subcontractor, of any subcontract for performance of work at the construction site, the Contractor shall deliver to the Contracting Officer an executed DOT Form F 4220.9, by which the Contractor states that the subcontract has been awarded and indicates the dollar range of the subcontract price, and by which the subcontractor acknowledges that the labor standards and equal opportunity clauses of this contract have been included in the subcontract and further acknowledges his responsibility for including such clauses in any lower tier subcontract awarded by him for work at the site under this contract. The Contracting Officer shall furnish copies of the form to the Contractor. Nothing contained in this contract shall create any contractual relation between a subcontractor and the Government. § 12-7.650 Clauses to be used when applicable. § 12-7.650-1 Small business subcontracting program. Insert the clause set forth in FPR 11.710-3(b) in accordance with the instructions for its use. § 12-7.650-6 Performance of work by contractor. Insert the clause set forth in FPR 118.104 in accordance with the instructions for its use. § 12-7.650-7 Government-furnished property. When property will be furnished by the Government, insert the following clause in the contract: 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. All additional quantities of the items on this list and any other property required to complete the work will be furnished by the Contractor. (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 jobsite. The Contractor shall be responsible for pay |