60-11 OPENING OF SECTION OF AIRPORT TO TRAFFIC. Whenever, in the opinion of the engineer, any runway, or any structure, is in acceptable condition, it may be opened to traffic upon the written order of the engineer. The opening of any runway shall be held as an acceptance of said runway, but shall not be considered as a waiver of any of the provisions of these specifications or contract. Pending final completion and acceptance of the work all necessary repairs and renewals on any section of the runway, so opened, due to defective material or work, to natural causes other than ordinary wear and tear, or to the operations of the contractor, shall be performed by and at the expense of the contractor.

60-12 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance by the engineer of any part or all of the construction, as provided for in these specifications, it shall be under the charge and care of the contractor, and he shall take every necessary precaution against injury or damage to any part of the work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the nonexecution of the work. The contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damage to any portion of the work occasioned by any of the above causes before its completion and acceptance.

60-13 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the above provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon said engineer or his authorized assistants, either personally or as an official of the owner, it being understood that in such matters he acts as an agent and representative of the owner.

60-14 NO WAIVER OF LEGAL RIGHTS. Inspection by the engineer or by any of his duly authorized representatives, any order, measurement, or certificate by the engineer; any order by the owner for the payment of money, any payment for or acceptance of any work or any extension of time; or any possession taken by the owner shall not operate as a waiver of any provision of the contract, or any power therein preserved to the owner, or of any right to damages therein provided. Any waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach.

The owner reserves the right to correct any error that may be discovered in any estimate that may have been paid, and to adjust the same to meet the requirements of the contract and specications. The owner reserves the right to claim and recover, by process of law, sums as may be sufficient to correct any error or make good any deficit in the work resulting from such error, dishonesty, or collusion upon conclusive proof of collusion or dishonesty between the contractor or his agents and the engineer or his assistants discovered in the work after the final payment has been made.

60-15 RIGHT-OF-WAY. The owner will secure all necessary right-of-way for construction.

SECTION 70

PROSECUTION AND PROGRESS

70-01 SUBLETTING OR ASSIGNING OF CONTRACT. The owner will not recognize any subcontractor on the work. The contractor shall at all times when work is in operation be represented either in person, by a qualified superintendent, or other designated representative.

Should the contractor elect to assign his contract, the said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner and shall be consummated only on the written approval. In case of approval, the contractor shall file with the engineer copies of all subcontracts.

70-02 PROSECUTION OF WORK. The contractor shall begin the work to be performed under the contract within ten (10) days of the date set by the engineer in the written notice to proceed. The contractor shall notify the engineer at least tweny-four (24) hours in advance of the time he intends to start. The contractor shall operate at such points as the engineer may direct. The contractor shall conduct the work in such a manner and with sufficient materials, equipment, and labor as is considered necessary to insure its completion within the time limit set forth in the proposal. Should the prosecution of work for any reason be discontinued by the contractor, with the consent of the engineer, he shall notify the engineer at least twenty-four (24) hours in advance of resuming operations.

70-03 LIMITATION OF OPERATION. On grading work the drainage structures when designated shall be completed a sufficient time in advance of the grading. Each item of work shall be prosecuted to completion without delay and in no instance will the contractor be permitted to transfer his forces from uncompleted work to new work without the permission of the engineer. The contractor may be required to submit a schedule of operations for approval. The contractor shall not open up work to the prejudice of work already started.

70-04

CHARACTER OF WORKMEN AND EQUIPMENT. The contractor shall employ such superintendents, foremen, and workmen as are careful and competent, and the engineer may demand the dismissal of any person or persons employed by the contractor in, about, or upon the work who shall misconduct himself or be incompetent or negligent in the proper performance of his or their duties, or neglects or refuses to comply with the directions given, and such person or

persons shall not be employed again thereon without the written consent of the engineer. Should the contractor continue to employ, or again employ such person or persons, the engineer may withhold all estimates, which are or may become due, or the engineer may suspend the work until such orders are complied with.

All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special work or skilled work, such as bituminous courses or mixtures, concrete pavements or structures, electrical installation, turfing and planting, or in any trade, shall have sufficient experience in such work CT. to properly and satisfactorily perform it and operate the equipment involved, and shall make due and proper effort to execute the work in the manner prescribed in these specifications. Otherwise the engi neer may take action as above prescribed.

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In the employment of labor, preference shall be given, other conditions being equal, first to veterans as ordered in Public Law 377, 79th Congress, Section 14, and second to bona fide residents of the county wherein the work is being done, but no other preference or discrimination among citizens of the United States shall be made, except as may be required by special labor provisions.

The contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the engineer and shall be maintained in a satisfactory working condition. Equipment used on any portion of the work shall be such that no injury to the work, runways, adjacent property, or other objects will result from its use. The contract may be annulled if the contractor fails to provide adequate equipment for the work.

No convict labor shall be employed.

70-05 TEMPORARY SUSPENSION OF WORK. The engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary, due to the failure on the part of the contractor to carry out orders given or perform any or all provisions of the contract.

If it should become necessary to stop work for an indefinite period, the contractor shall store all materials in such manner that they will not become an obstruction, nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; provide suitable drainage by opening ditches, shoulder drains, etc., and erect temporary structures where necessary. The contractor shall not suspend the work without written authority from the engineer, and shall proceed with the work promptly when notified by the engineer to resume operations,

763591°-48-3

70-06 DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION. The contractor shall perform fully, entirely, and in a satisfactory and acceptable manner the work contracted, within the number of working days stipulated in the proposal and the contract. Time will be assessed against the contractor beginning with the actual date the work is started when this is in accordance with the notice to proceed.

If the contractor does not begin the work within the limit as designated in the notice to proceed, the working days shall start on the first working day after the expiration of the ten (10) day limit as stated in the notice to proceed. No time will be charged for days on which the contractor is unable to proceed with work, on the major item under construction at that stage of the work, for at least six (6) hours with the normal force employed on the major items under construction. In adjusting the contract time for the completion of the project, all strikes, lock-outs, unusual delays in transportation, or any condition over which the contractor has no control, and also any suspensions ordered by the engineer for causes not the fault of the contractor, shall be excluded from the computation of the contract time for completion of the work. If the satisfactory execution and completion of the contract shall require work or materials in greater amounts or quantities than those set forth in the contract, then the contract time shall automatically be increased in the same proportion as the cost of the additional work bears to the original work contracted for. No allowances will be made for delays or suspensions of the prosecution of the work due to the fault of the contractor.

The engineer will prepare for each estimate a statement of the working days charged during the period, the working days allowed in the contract, and the working days remaining under the contract. Copies of such statement will be promptly submitted to the contractor for his approval and signature. The contractor shall sign the statement or submit his objection within five days, specifying the days he shall be allowed, or the engineer's statement will be accepted as

correct.

70-07 FAILURE TO COMPLETE WORK. For each working day that any part of the work remains uncompleted after the expiration of the time allowed for completion of the work stipulated in the contract or as automatically increased by the additional work or materials ordered after the contract is signed, the sum per day given in the following schedule shall be deducted from any moneys due the contractor, or if no money is due the contractor, the owner shall have the right to recover said sum or sums from the contractor, from the surety, or from both. The amount of these deductions are to cover liquidated damages to the owner incurred by additional and other expenses due to the failure of the contractor to complete the work or any part of the work within the time specified, and such deductions are not to be considered as penalties.

The damages stipulated above are to be deducted from any moneys due the contractor as liquidated damages for the loss to the owner on account of the expense due to the employment of engineers and their assistants and to any other expenses after the expiration of completion time set forth by the engineer.

70-08 ADJUSTMENT FOR SUSPENDED WORK. In the event the contractor is ordered by the engineer, in writing, to suspend work for some unforseen cause not provided for in the specifications, special provisions, proposal, contract, or work order and over which the contractor has no control, the contractor may be reimbursed for actual money expended on the job during the period of shut down. No allowance will be made for anticipated profits. The period of shut down shall be computed from the date set out in written order for work to cease until the date of the order for work to resume. Claims for such compensation shall be filed with the owner within ten (10) days after date of order to resume work or such claims will not be considered. The contractor shall submit with his claim, substantiating papers covering the entire amount shown on the claim. The owner shall take the claim under consideration, and may make such investigations as are deemed necessary, and shall be the sole judge as to the equitability of such claim and such decision shall be final. No provision of this article shall be construed as entitling the contractor to compensation for delays due to inclement weather, delays due to failure for surety, for suspensions made at the request of the contractor, or for any other delay provided for in the specifications, special provisions, proposal, contract, or work order.

70-90 ANNULMENT OF CONTRACT. The contract, of which these specifications form a part, may be annulled by the owner for the following reasons:

(a) Failure of the contractor to start the work on the date given in the notice to proceed.

(b) Substantial evidence that the progress being made by the contractor ïs insufficient to complete the work within the specified time.

(c) Deliberate failure on the part of the contractor to observe any requirement of these specifications.