### **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 as follows:

Owner (Utility or Other Facility)

Location (See Plan Sheet No.)

Person to Contact (Name, Title, Address and Phone)

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.

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> **It is the intention of this subsection to provide for both foreseen
> and unforeseen work by owners of utility services and other facilities
> on the airport.  Such owners have legal rights and obligations under
> some form of easement with the airport Owner.  Every effort should be
> made, during the initial design phase, to coordinate the proposed
> contract work with such owners so that their rights and obligations
> are provided for the in the contract, plans, and specifications. 
> Where there is conflict between an existing utility service (or
> facility) and the proposed work or where the owner of the utility or
> facility must perform work to construct, reconstruct, or maintain
> his/her utility or facility, such work should be listed in this
> subsection and provided for in the contract, plans and
> specifications.  In addition, all known utility services or facilities
> that are within the limits of the proposed work should be shown on the
> plans (regardless of whether or not there is a conflict of work to be
> performed by the owner) with enough detailed information to indicate
> the lack of conflicts.**

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**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 request to the FAA.  In consideration of the United States
Government\'s (FAA\'s) agreement with the Owner, the Owner has included
provisions in this contract pursuant to the requirements of Title 49 of
the United States Code (USC) and the Rules and Regulations of the FAA
that pertain to the work.

As required by the USC, 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 USC, the rules and regulations implementing the
USC, 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 that 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. Unless
otherwise specified, barricades, warning signs, and markings for hazards
that are in the air operations area shall be a maximum of 18 inches
high. Unless otherwise specified, barricades shall be spaced not more
than 25 feet apart. Barricades, warning signs, and markings shall be
paid for under Section 40-05.

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, Standards for Airport Markings.

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.

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 that 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.

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> **To ensure that the contract contains current information as to
> barricades and warning signs, marking of paved areas on airports, and
> safety on airports during construction, the latest editions of the
> cited publications should be specified.  Some Owners will prefer to
> extract the provisions of the cited publications that are applicable
> to the contract specifications being prepared.**

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**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(s), action(s), or claim(s)
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 below:

> Phase or Description
>
> Required Date or Sequence of Owner\'s Beneficial Occupancy
>
> Work Shown on Plan Sheet

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> **The Owner\'s requirements for \`\`phasing\'\' the work should be
> coordinated with certain agencies having an interest in operational
> capability of the airport.  Such coordination must be accomplished at
> the earliest possible time.  See AC 150/5300-9, Predesign, Prebid, and
> Preconstruction Conferences for Airport Grant Projects, for more
> information.**
>
> **The Engineer should include a section on airport safety in the bid
> documents that has, as a minimum, the information contained in the
> appendix of AC150/5370-2, Operational Safety on Airports During
> Construction.**

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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.

Contractor shall be required to conform to safety standards contained AC
150/5370-2, Operational Safety on Airports During Construction (See
Special Provisions.)

Contractor shall refer to the approved safety plan to identify barricade
requirements and other safety requirements prior to opening up sections
of work to traffic.

**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
non-execution 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
as follows:

Utility Service or Facility

Person to Contract (Name, Title, Address, & Phone)

Owner\'s Emergency Contact (Phone)

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> **It is intended that the plans will show the approximate location of
> the utilities or facilities known to exist within the limits of the
> contract work.  It is also intended that the proposed contract plans
> and specifications be coordinated with the various owners at the
> earliest possible time to avoid overlooking utility conflicts in the
> design and to obtain the best possible information needed to protect
> such utility services or facilities from damage resulting from the
> Contractor\'s operations.  Where conflicts are indicated during the
> coordination, they should be resolved by the airport Owner and the
> utility owner, in accordance with existing legal agreements, by
> providing for work in the proposed contract or by the utility owner. 
> In such cases of conflict, regardless of how the conflict is resolved,
> the airport Owner and utility owner should also be advised of the need
> to furnish the best information possible as to location of the utility
> service or facility to ensure protection during the proposed contract
> work.**

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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 Owner 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 Owner reserves the right to
deduct such costs from any monies due or which may become due the
Contractor, or his/her surety.

**70-15.1 FAA FACILITIES AND CABLE RUNS.** The Contractor is hereby
advised that the construction limits of the project include existing
facilities and buried cable runs that are owned, operated and maintained
by the FAA. The Contractor, during the prosecution of the project work,
shall comply with the following:

a.  The Contractor shall permit FAA maintenance personnel the right of
    access to the project work site for purposes of inspecting and
    maintaining all existing FAA owned facilities.

b.  The Contractor shall notify the above named FAA Airway Facilities
    Point-of-Contact seven (7) calendar days prior to commencement of
    construction activities in order to permit sufficient time to locate
    and mark existing buried cables and to schedule any required
    facility outages.

c.  If prosecution of the project work requires a facility outage, the
    Contractor shall contact the above named FAA Point-of-Contact a
    minimum of 48 hours prior to the time of the required outage.

d.  If prosecution of the project work results in damages to existing
    FAA equipment or cables, the Contractor shall repair the damaged
    item in conformance with FAA Airway Facilities' standards to the
    satisfaction of the above named FAA Point-of-Contact.

e.  If the project work requires the cutting or splicing of FAA owned
    cables, the above named FAA Point-of-Contact shall be contacted a
    minimum of 48 hours prior to the time the cable work commences. The
    FAA reserves the right to have a FAA Airway Facilities
    representative on site to observe the splicing of the cables as a
    condition of acceptance. All cable splices are to be accomplished in
    accordance with FAA Airway Facilities' specifications and require
    approval by the above named FAA Point-of-Contact as a condition of
    acceptance by the Owner. The Contractor is hereby advised that FAA
    Airway Facilities restricts the location of where splices may be
    installed. If a cable splice is required in a location that is not
    permitted by FAA Airway Facilities, the Contractor shall furnish and
    install a sufficient length of new cable that eliminates the need
    for any splice.

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> **The Engineer should include subsection 70-15.1 when existing FAA
> owned facilities and/or cable runs are located within the construction
> limits.**

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**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 stop the Owner from correcting any measurement, estimate, or
certificate made before or after completion of the work, nor shall the
Owner be precluded or stopped 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.

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> **For AIP contracts, the contract provisions required to mitigate the
> environmental consequences of the contract work should be specified in
> the contract specifications as required generally and specifically by
> the Environmental Impact Statement or Assessment Report for the
> particular AIP project.**

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**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 that 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 the Owner will direct the
Contractor to either resume his/her operations or to suspend operations
as directed.

Should the Owner 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.

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> **The contract language suggested in subsection 70-20 is intended to
> remind Owners of airports that proper planning will prevent
> construction delays that may be caused when objects of archaeological
> or historical significance are encountered in the work.  Airport
> Owners should include in their planning the coordination with state
> and local planning bodies as may be required by state and local laws
> pertaining to the National Historic Preservation Act of 1966.**
>
> **As a general rule, disposition of known archaeological or historic
> objects that are situated on the site of the work should be covered by
> a separate contract when such disposition is required as a part of FAA
> project approval.**

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**END OF SECTION 70**