SPECIFICATIONS AND CONTRACT DOCUMENTS. for Construction of PHASE Il - DOWNTOWN REVITALIZATION FOR CITY OF McMINNVILLE, TENNESSEE. CONTRACT 110 — PHASE II - DOWNTOWN REVITALIZATION TDOT PIN NO. 41482-01 STATE PROJECT NO, 89LPLM-F3-005 FEDERAL PROJECT NO, STP-EN-380 (5) MARCH 2010 JAMES C. HAILEY & COMPANY Consulting Engineers 7518 Highway 70 South, Suite 100 Nashville, TB 37221 (615) 883-4933 Project #06319 WYA2 /d amCITY OF McMINNVILLE PHASE II - DOWNTOWN REVITALIZATION CONTRACT 110 TABLE OF CONTENTS BEGINNING DESCRIPTION PAGE NUMBER NOTICE TO CONTRACTORS... INSTRUCTION TO BIDDERS. PROPOSAL... PROPOSAL 60! PROPOSAL GUARANTEE AGREEMENT... PAYMENT AND PERFORMANCE BOND CONTRACTOR DUG-FREE WORKPLACE AFFIDAVIT... STATEMENT FO COMPLIANCE CERTIFICATE ~ ILLEGAL | NOTICE OF AWARD NOTICE TO PROCEED. CHANGE ORDER PARTIAL PAYMENT ESTIMATE. SPECIAL PROVISION REGARDING UNBALANCED (SP1028) SPECIAL PROVISION REGARDING EMPLOYING & CONTRACTING WITH ILLEGAL IMMIGRANTS (SP102)).. SPECIAL PROVISION REGARDING BUY AMERICA REQU NTS ( SPECIAL PROVISION REGARDING WATER QUALITY & STORM WATER, PERMITS (SP107FP) SPECIAL PROVISION REGARDING “SPECIALTY ITEMS" (108A) . SPECIAL PROVISION REGARDING PROJECT COMPLETION & LIQUIDATED DAMAGES (1088) . : sees SPEC-10 SPECIAL PROVISION REGARDING EQUAL EMPLOYMENT OPPORTUNITY (SP1230) . SPECIAL PROVISION REGARDI ‘SPEC-11 DARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY (SP1231) -SPEC-17 SPECIAL PROVISION REGARDING NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION (SP1232).. + SPEC-23 SPECIAL PROVISION REGARDING DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION (SP1248)...... SPECIAL PROVISION REGARDING DBE CONTI CERTIFICATION REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS — PRIMARY & LOWER TIER COVERED. TRANSACTIONS (SP1275)...... ae SPECIAL PROVISION REGARDING NON-DISCRIMINATION IN -SPEC-26 -SPEC-39 SPEC-45 EMPLOYMENT (SP1290)... -.SPEC-46 SPECIAL PROVISION REGARDING TENNESSEE DEPARTMENT OF TRANSPORTATION 2010 MINIMUM WAGE SCALES (SP1320) ..SPEC-47 TENNESSEE DEPARTMENT OF TRANSPORTATION MINIMUM WAGE SCALES FOR FEDERAL AID HIGHWAY CONSTRUCTION ses SPEC-48 TENNESSEE DEPARTMENT OF TRANSPORTATION 2010 MINIMUM WAGE SCALES FOR STATE FUNDING CONSTRUCTION... .SPEC-51 TITLE 23 - HIGHWAYS PART 635 - CONSTRUCTION & MAINTENANCE..........SPEC-54 RETENTION & ACCESS REQUIREMENTS FOR RECORD (§18.42) ...:asss:ineSPEC-61 PROCUREMENT (518.36) SPEC-62 NON-FEDERAL AUDITS: SPEC-63CITY OF McMINNVILLE PHASE II - DOWNTOWN REVITALIZATION CONTRACT 110 ‘TABLE OF CONTENTS (continued) BEGINNING DESCRIPTION PAGE NUMBER GENERAL CONDITIONS . esovssanens SUPPLEMENTAL GENERAL DITIONS NEW RESTRICTIONS ON LOBBYING SLOPE PROTECTION & EROSION CONTROL... GOVERNING SPECIFICATIONS os SUPPLEMENTAL SPECIFICATIONS OF THE STANDARD SPECIFICATIONS FOR ROAD & BRIDGE CONSTRUCTION .... SGC-1 PAVING MEASUREMENT & PAYMENT PMP-1 LIGHTING & PHONE MEASUREMENT LPMP-1 TECHNICAL SPECIFICATIONS - PAVING 1. General : z a Ts-1 2. Scope... TS 3. Layout Requirements TS2 4. Location & Protection of Underground Utilities... TS2 5. Removal & Restoration of Obstruction .. 18-2 6. Permits & Licenses TS2 7. Connecting to Existing Pavement. TS-2 8. Testing : TS3 9. As-Built Drawings. Ts-3 10. Contractor's Utilities TS-3 11, Warranty... 183 ‘SECTION 303 - MINERAL AGGREGATE BASE 303.01 Description... MATERIALS 303.02 Aggregate 303.03 Calcium Chloride 303.04 Sodium Chloride EQUIPMENT 303.05 Equipmert..... CONSTRUCTION REQUIREMENTS. TS4 303.06 General. Ts5 303.07 Mixing sone TSS 303.08 Spreading....... .. TS-6 303.09 Shaping and Compaction 1-7 303.10 Maintenance... TS8 TS-8 TS8 303.11 Thickness Requirements. 303.12 Surface Requirements... SECTION 307 - BITUMINOUS PLANT MIX BASE tor mon 307.01 Description... Ts9CITY OF McMINNVILLE PHASE Il - DOWNTOWN REVITALIZATION CONTRACT 110 TECHNICAL SPECIFICATIONS ~ PAVING (continued) BEGINNING DESCRIPTION PAGE NUMBER MATERIALS 307.02 Materials... 18-9 307.03 Composition of Mixtures ... " TS.9 EQUIPMENT 307.04 Equipment Ts-9 CONSTRUCTION REQUIREMENTS: 307.05 General T$10 307.06 Preparation of Subgrade, Sub-Base or Surface... TS10 307.07 Thickness and Surface Requirements: TS10 SECTION 402 ~ PRIME COAT 402.01 Description.... = er . TS MATERIALS 402.02 Materials » TSH EQUIPMENT 402.03 Equipment . TS SECTION 402 - PRIME COAT (continued) CONSTRUCTION REQUIREMENTS 402.04 Limitations. = 402.05 Preparation of Surface... CONSTRUCTION REQUIREMENTS (continued) 402.08 Application of Prime... 402.07 Application of cover Material TS T8414 . TS-12 . TS-12 402.08 Maintenance and Protection . TS-12 SECTION 403 - TACK COAT 403.01 Description... . TS-13 MATERIALS 403.02 Bituminous Materials .. . TS-13 EQUIPMENT 403.03 Equipment... TS13 . TS-13 . TS-13 . TS-14 403.04 Preparation of Surface. 403.05 Application of Bituminous Material. 403.06 Application of Coal Tar Sealer for Parking LotsCITY OF McMINNVILLE. PHASE Il - DOWNTOWN REVITALIZATION CONTRACT 110 TECHNICAL SPECIFICATIONS — PAVING (continued) BEGINNING DESCRIPTION PAGE NUMBER SECTION 407 - BITUMINOUS PLANT MIXES, PAVEMENTS (GENERAL) 407.01 Description.. o TSS MATERIALS 407.02 Materials. w TS-15 407.03 Compositions of Mixtures.. . TS-15 EQUIPMENT 407.04 Bituminous Mixing Plant. 407.05 Hauling Equipment 407.06 Bituminous Pavers. 407.07 Rollers 407.08 Small Tools... CONSTRUCTION REQUIREMENTS, 407.09 Weather Limitations 407.10 Conditioning of Existing Surface... 407.11. Preparation of Bituminous Material 407.12 Preparation of Aggregates... 407.13 Mixing. 407.14 Spreading and Finishing .. 407.15 Compaction... 407.16 Joints... c 407.17 Pavement Samples. 407.18 Surface Requirements... TS-24 TS-24 TS-24 TS-25 TS-25 TS-26 TS-27 TS-30 . TS-30 TS-30 SECTION 411 - ASPHALTIC CONCRETE SURFACE (HOT MIX) 411.01 Desoription..... . .. TS-3t MATERIALS 411.02 Materials. TS-31 411.03 Composition of Mixtures 8:31 EQUIPMENT 411.04 Equipment . TS-31 ON: TION, REME! 411.05 General Requirements... Ts-32 411.06 Preparing the Designated Surface. Ts.32 411.07 Mixing... Ts-32 411.08 Surface Requirements TS-32 SECTION 716 - PAVEMENT MARKINGS 716.01 Description. = a . TS-33CITY OF McMINNVILLE PHASE II - DOWNTOWN REVITALIZATION CONTRACT 110 TECHNICAL SPECIFICATIONS — PAVING (continued) BEGINNING DESCRIPTION PAGE NUMBER MATERIALS 716.02 Materials. TS-33 716.03 Paint 18-33 COMPENSATION 716.04 Method of Measuremer TS-36 716.05 Basis of Payment... TS-36 ‘SECTION 903 - AGGREGATES 903.01 Fine Aggregate for Concrete... 903.02 Fine Aggregate for Mortar. TS-37 18-37 903.03 Coarse Aggregate for Concrete... S38 903.04 Aggregate for Lean Concrete Base .. Ts-39 903.05 Aggregate for Mineral Aggregate Base & Surface Courses. TS-39 903.06 Aggregate for Plant Mix Base and Leveling Courses (Hot Mix) TS-41 903.07 Aggregate for Bituminous Coated Aggregate Base (Plant Mix 8-43 903.08 Aggregate for Bituminous Road Mix Surface Course... 8-44 903.09 Aggregate for Bituminous Sand-Gravel Binder & Surface Course (Hot Min) T3-44 903.10 Aggregate for Bituminous Plant Mix Surface Course (Cold Mix). TS-45 903.11 Aggregate for Asphaltic Concrete Surface Course (Hot Mix) TS-45 903.12 Aggregate for Hot Bituminous Seal Coat (Split Application), T8-49 903.13 Aggregate for Hot Bituminous Seal Coat . TS-50 903.14 Aggregate for Double Bituminous Surface Treatment. TS-50 903.15 Aggregate for Aggregate-Cement Base Course TS-50 903.16 Mineral Filler..... TS-50 903.17 Aggregate for Underdrains. TS-50 903.18 Aggregate for Sand-Asphalt Surface Course. TS-50 903.19 Lightweight Aggregates for Structural Concrete. TS-51 903.20 Stockpiling Aggregates TS-51 903.21 Test Methods... TS.51 ‘SECTION 904 - BITUMINOUS MATERIAL 904.01 Asphalt Cements ... es 904.02 Cut-Back Asphalts 904.03 Emulsified Asphalts .. TS-53 TS-53 TS-53 SECTION 910- PAINT TS-55 TS-55 910.01 General Requirement 910.02 Quick Dry Traffic Marking Paint (White & Yellow)...CITY OF McMINNVILLE PHASE Il - DOWNTOWN REVITALIZATION CONTRACT 110 TECHNICAL SPECIFICATIONS ~ CONCRETE AND DRAINAGE ‘SCOPE... 01-A Page 1 SECTION 01 - GENERAL B. Miscellaneous Requirements 01-B Page 1 C. Work Completion....rsis 01-C Page 1 SECTION 02 ~ SITE WORK A. Preparing Site... 02-A Page 1 B. Excavation & Filling 02-8 Page 1 C. Grading & Paving 02-C Page 1 D. Landscaping. 02-D Page 1 E. Drainage Culverts & Structures. 02-E Page 1 SECTION 03 - CONCRETE A. Concrete Work... . 03-A Page 1 ‘SECTION 05 - METALS A. Miscellaneous Metals... 05-A Page 1 SECTION 10 ~ MEASUREMENT & PAYMENT 10-Page 1 viNOTICE TO CONTRACTORS OF STATE HIGHWAY CONSTRUCTION BIDS TO BE RECEIVED SEPTEMBER 23, 2010 Sealed Bids will be received by the City of McMinnville, at 101 East Main Street, McMinnville, Tennessee 37110, until 10:00 A.M, CDST, September 23, 2010 and opened publicly at City Hall at that hour. The reading of the bids will begin at 10:00 A.M. CONTRACT 110 - PHASE Il - DOWNTOWN REVITALIZATION PROPOSAL CONTRACTS WILL BE ISSUED UNTIL THE TIME SET FOR OPENING BIDS A Prime Contractor must prequalify with the Department of Transportation in accordance with Section 54-5-117 of the “Tennessee Code Annotated” and Tennessee Department of Transportation Rule 1680-5-3 prequalification of contractors before biddable proposals will be furnished. The City of McMinnville hereby notifies all bidders that a 13.69 % Disadvantaged Business Enterprise (DBE) has been set for this project and must be met or exceeded. All DBE firms must be TNUCP certified. A listing of these firms can be found on TDOT's Small Business Development website and pre-qualified by the TDOT Construction Division as stated in the Local Government Guidelines Manual. The City of McMinnville hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation, and will not be discriminated against on the grounds of age, race, color, religion, national origin, sex or disability in consideration for an award. The City of McMinnville is an equal opportunity affirmative action employer, drug-free with policies of non-discrimination on the basis of race, sex, religion, color, national or ethnic origin, age, disability or military service. Telephone ((931) 473-6691 THE RIGHT TO REJECT ANY AND ALL BIDS IS RESERVED Bidding documents and information, and plans, may be obtained by contacting the office of JAMES C. HAILEY & COMPANY, 7518 Highway 70 South, Suite 100, Nashville, Tennessee 37221 (615) 883-4937. NOTE TO PUBLISHER: The above notice is to be published no later than September 2, 2010. Itis permissible and desirable that ads be run as soon as possible after receipt. AB-1CITY OF MeMINNVILLE INSTRUCTIONS TO BIDDERS BIDS TO BE RECEIVED SEPTEMBER 23, 2010 Sealed bids for the construction of the following projects will be received by the City of McMinnville, 101 East Main Street, McMinnville, Tennessee 37110 until 10:00 A.M.,CST, September 23, 2010 and opened publicly at City Hall, 101 East Main Street, McMinnville, Tennessee 37110. The reading of the bids will begin at 10:00 A.M, CST. The proposed construction shall be performed in accordance with the Specifications for Road and Bridge Construction of the Tennessee Department of Transportation, dated March 1, 2006, which are incorporated herein by reference and made a part hereof. In addition, only the Special Provisions contained within the applicable Contract Proposal will be considered binding. Any reference to the Tennessee Department of Transportation Standard Specifications dated prior to March 1, 2006 shall be disregarded. In addition, any reference to any Special Provision not contained within the applicable Contract Proposal shall be disregarded. All questions related to the Contract Proposal, Plans, Specifications or Special Provisions shall be directed to the office of JAMES C. HAILEY &COMPANY, 7518 Highway 70 South, Suite 100, Nashville, Tennessee 37221 (615) 883-4933. Information received from other offices of the City of McMinnville is strictly advisory. IMPORTANT NOTICE TO BIDDERS: Prospective bidders should read the following instructions carefully before submitting their bids. Special attention is called to the regulations of the City of McMinnville that total bids, rather than unit prices, will be read. Proposals shall be rejected as being irregular if they fail to contain a unit price for each item listed. Extensions of the various items must be sub-totaled, carried forward, and shown as a grand total following the last proposal item. All entries must be in ink, After a bidder has deposited a proposal with the City of McMinnville, he can withdraw it ‘only on written request in accordance with Subsection 102.07 of the Tennessee Department of Transportation Standard Specifications. Totals read at the opening of the bids are not guaranteed to be correct and no final award of the contract will be made until bids and extensions have been checked and re- checked. On alll projects which are financed in whole or in part by funds received through Federal agencies and the Tennessee Department of Transportation, the awarding of contracts by the City of McMinnville will be subject to approval by the Tennessee Department of Transportation through which funds are received. The City of McMinnville reserves the right to reject any bid proposal which is not acceptable to the Tennessee Department of Transportation, although such bid proposal would otherwise qualify as the lowest and best bid under the Tennessee Department of Transportation Standard Specifications. The awarding of the contract or rejection of all proposals will be made within 30 days after the formal opening of the proposals. Upon award, a detailed letter of instructions will be forwarded along with appropriate documents to the low bidder. IB-1The City of McMinnville hereby notifies all bidders, that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of age, race, color, religion, national origin, sex or disability in consideration for an award. The City of McMinnville is an equal opportunity affirmative action employer, drug-free, with policies of nondiscrimination on the basis of race, sex, religion, color, national or ethnic origin, age, disability, or military service. The bidder is advised to familiarize himself with the provisions of Tennessee Code Annotated, Section 67-6-209, entitled "Use of Property Produced or Severed from the Earth-Exemptions’, which relates to the payment of taxes on the use of tangible personal Property severed from the earth. This tax is in addition to those levied for other tangible personal property. The bidder must have at his disposal the necessary equipment to put on the project ‘when instructions are issued to begin work, and to do the work within the time specified. In the event the bidder has been awarded contracts for highway work in the past, he shall have financed his work in such a manner that just and proper claims in the discretion of the City of representing labor and materials entering therein, have not been filed with the City PREQUALIFICATION OF BIDDER: Each prospective bidder and subcontractor will be required to file a document entitled “Prequalification Questionnaire.” The foregoing shall be filed on a form provided by the Tennessee Department of Transportation. The form must be filed out completely, and the truth and accuracy of the information provided must be certified by a sworn affidavit signed by an officer, partner, owner or other authorized representative of the applicant who has authority to sign contracts or other legal documents on behalf of the applicant. A prospective bidder must be Prequalified by and in good standing with the Tennessee Department of Transportation prior to the issuance of a proposal form. A prospective subcontractor must be prequalified by and in good standing with the Tennessee Department of Transportation prior to being approved as a Subcontractor. Each prospective bidder or subcontractor shall notify the Tennessee Department of Transportation if there is any subsequent change in the name, organization or contact information provided. Prospective bidders’ “Prequalification Questionnaire” shall be filed with the Tennessee Department of Transportation at least fourteen (14) days prior to the date of opening bids on any letting in which the applicant intends to submit a bid to the Tennessee Department of Transportation, or at least fourteen (14) days prior to the date on which the applicant requests approval as a subcontractor under a contract awarded by the City of McMinnville Bidders intending to submit proposals consistently shall complete and submit the prequalification application annually; however, this document may be changed during such period upon submission of additional favorable reports or upon receipt by the Tennessee Department of Transportation of substantiated evidence of unsatisfactory performance. The Tennessee Department of Transportation reserves the right to request additional information and documentation to clarify and/or verify any information submitted in an applicant's prequalification application.The prequalification form can be found at the web address http://www.tdot.state.tn.us/construction A proposal to be used for non-bidding purposes may be issued to any interested party regardless of prequalification. PROPOSAL BOND Each proposal must be accompanied by a bidder's bond, or Cashier's Check, or Certified Check made payable to the City of McMinnville in an amount equaling not less than five percent (5%) of the amount bid. In the case of optional items in the proposals, the amount of the bidder's bond or check must be in an amount equaling not less than five percent (5%) of the total amount of the bid based on the high option. If the bidder's bond is offered as guaranty, the bond must be on the form furnished by the City of McMinnville and made by a surety company, qualified and authorized to transact business in the State of Tennessee and must be acceptable to the City of McMinnville. If a check is offered as guaranty, the check of the successful bidder will be cashable at the discretion of the City of McMinnville, pending the satisfactory execution and acceptance of the contract and the contract bond. ISSUANCE OF BIDDING DOCUMENTS This City of McMinnville and the Tennessee Department of Transportation are on a cash basis for sales of Plans, Proposal Contracts, Standard Specifications, Standard Drawings, Standard Drawing Books and Tabulations of Bids. The one exception for credit sales will be to bonding companies doing business with this City of McMinnville. Requests for documents ‘must be accompanied by cash, check, money order, or they may be mailed to the buyer C.0.0., or authorized charging to a recognized bonding company. A charge of $200.00 plus for in-state delivery, will be made for each Proposal Contract. This charge is applicable regardless of whether the Proposal is to be used for bidding or non- bidding purposes. Proposals will be obtainable until the time set for opening bids. The charge for Plans and/or Cross-sections will be as specified in the Notice to Contractors and this charge will be applicable before the letting and for three months after the letting. Plans ordered after the three month period will be furnished at $150.00 per set. Individual Plan sheets and individual Standard Drawings will be furnished at $10.00 per sheet. Tabulations of bids will be furnished at $0.00 per sheet. Tennessee Department of Transportation Standard Drawing Books will be furnished by the Tennessee Department of Transportation at $100.00 per book plus 9.25% sales tax, for in-state delivery. Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction, dated March 1, 2006, will be furnished by the Tennessee Department of Transportation at $12.00 per book plus 9.25% sales tax, for in-state delivery. There will be a minimum charge of $2.00 on any purchase. All documents will be furnished without refund and transmitted at your risk When two or more contractors wish to bid together in a joint venture, each contractor wil be required to make a written request for such a proposal to the Tennessee Department of Transportation Construction Division. This request shall be signed by an authorized signatory of each firm. Requests for joint venture proposals may be made in person or by telephone. However, the proposal for said joint venture will not be issued until the request in writing, as set forth above, is received by the Tennessee Department of Transportation Construction Division. IB-3REJECTION OF PROPOSALS Proposals will be rejected as irregular if prior to the formal opening of the Proposal all of the following documents have not been signed: (1) the bidder shall sign by written signature the Proposal form, (2) the bidder shall sign by written signature the Proposal Certification form, (3) the bidder shall sign by written signature the Proposal Bond form or the Proposal Guarantee, whichever is applicable, (4) the Agent or Attorney-in-Fact representing a Surety Company shall sign by written signature the Proposal Bond, if applicable. In addition, Proposals will be rejected if any of the above signatures are a reproduced copy, such as, but not limited to a photostatic copy or a facsimile transmission. An original, dated and valid Power of Attorney for the Attorney- in-Fact must accompany the Proposal and the Contract. The accompanying Power of Attorney must be dated, and the date must be the exact same date as the date on the Proposal Bond The Proposal and the Proposal Bond, including the attached Power of Attorney, shall be valid and binding for 60 days subsequent to the date of opening bids. As an alternative, Surety Companies may submit an original, unnumbered Power of Attorney suitable for photocopying to the City of McMinnville. Surety Companies choosing this alternative will be required to furnish the City of McMinnville with a letter on the company letterhead and signed by an officer of the company authorized to appoint Attorneys-in-fact. Proposals shall be completed on the forms as issued. Photostatic or facsimile copies of Proposal sheets may not be attached to the Proposal, unless directed by the CITY OF MCMINNVILLE. Proposals containing forms not issued by the CITY OF McMINNVILLE except for computer generated bid item sheets, may be subject to rejection. Please review a part of Subsection 102.02 of the Tennessee Department of Transportation Standard Specifications stating: “All of the documents that are bound therein are part of the Proposal and shall not be detached.” Proposals shall not be taken apart. Proposals taken apart may be subject to rejection. Also, please review a part of Subsection 102.09 of the Tennessee Department of Transportation Standard Specifications stating: “Proposals will be rejected as being irregular if they are not prepared on the prescribed forms; if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized altermate bids, or irregularities of any kind; or if they fail to contain a unit price for each item listed.” Proposals shall be completed on the forms as issued. Photostatic or facsimile copies of Proposal sheets may not be attached to the Proposal. Proposals containing forms not issued by the [CITY/COUNTY] except for computer generated bid item sheets, may be subject to rejection. ADDENDA Addenda to the Proposal will be acknowledged by all bidders. Failure to acknowledge Feceipt of Addendum Letters is grounds for rejection. RETAINAGE Effective for all contracts let after August 1, 2005 the CITY OF McMINNVILLE for all contracts with TOOT funding will not hold retainage. This will not be retroactive and will only apply to new contracts going forward. In addition, as part of this change, the Contractor will not be able to hold retainage from the subcontractor.IBCONTRACT: Your special attention is called to Section 105 - Control of Work, and Section 108 - Prosecution and Progress of the Tennessee Department of Transportation Standard Specifications, concerning duties of the contractor and subletting of contracts. Dr. Norman Rone Mayor, City of McMinnville The following information applies to Federal-Aid construction projects: NOTICE TO ALL BIDDERS To report bid rigging activities cal 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.PROPOSAL TO THE CITY OF McMINNVILLE McMINNVILLE, TENNESSEE By submitting this Proposal, the undersigned bidder represents that it has care} examined the site of the work described herein, has become familiar with local conditio the character and extent of the work; has carefully examined the Plans, the Specifications for Road and Bridge Construction (March 1, 2006) adopted by Tennessee, Department of Transportation, with subsequent revisions which are to be a part of this Proposal, the Special Provisions, the Proposal Form, the qn of Contract, and the Form of Contract Payment and Performance Bond; and thorou radios their stipulations, requirements, and provisions. a The undersigned bidder has determined the quality and quai’ of materials required; has investigated the location and determined the sources of suppfW6f the materials required; has investigated labor conditions; and, has arranged for the copifquous prosecution of the work herein described, oS By submitting this Proposal, the undersigned bidder agrees to provide all necessary ‘equipment, tools, labor, incidentals, and other mes construction, to do all the work, and furnish all the materials of the specified requirem: ich are necessary to complete the work in accordance with the Plans, and the Specifical@As, and agrees to accept as payment in full therefore the unit prices for the various item: ribed in the Specifications that are set forth in this Proposal. The bidder understands th uantities of work specified are approximate only and are subject to increase or decrea: ‘hat any such increase or decrease will not affect the unit prices set forth in this ProposCompensation for “extra work” which may be required by the City of McMinnville in congés ith the construction and completion of the work but which was not reflected in the PladSvand Specifications at the time of bidding, will be made in the following manner: work fo ae there is a unit price set forth in this Proposal will be compensated at that unit pr rk for which there is no unit price set forth in this Proposal will be compensated in accogdaiice with the applicable Tennessee Department of Transportation Standard Specificatiog By submiftind this Proposal, the undersigned bidder hereby agrees to be bound by the award of the Gghifact and, if awarded the Contract on this Proposal, to execute the required Contract an equired Contract Payment and Performance Bond within ten (10) days after receipt of pifce of the award. The undersigned bidder submits herewith the required Proposal guaranty tan amount of not less than five percent (5%) of the total amount of the Proposal She id agrees and consents that the Proposal guaranty shall immediately be at the disposal ity of McMinnville, not as a penalty, but as an agreed liquidated damage if the required act and Contract Payment and Performance Bond are not executed within ten (10) days. from receipt of the notice of award. BP 110-1 of 6We oNIgvEO (wiravide) xiw 313HONOO TTvHESY | NMP | go-10-208 VON (WHraNd@) XIN B13HONOD 1 oar ee Lo'Lo-208 lave F “ASV VW SdAL 'SLVORt IWHSNIM eee O-60E pe NoIsous sth 2060-602 HOM HC \@) S3SV@ 3LSYONOD “vaeL O2'8O-FLL @ Wad 3NOO GSLVONNUL vav | HS Set o1rzo-oz6 cS comer | | 3SV SNOLS/M MOIHL SNONIWNLIG 40 ONINVId C109 “A'S 008" ZOLO-SIe (man) 39vNOIS ste soerers : TOULNOD O4-iveLL sat wozie ee Nowwzmigon | “ST! Lee ANNOY ‘S3UNDLD ‘SauOMm SIND? 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Noudiwos3a AuuNvno_| “ON WSL STHANNIWOW 40 ALIO NOLLWZNWLIAZY NMMOLNMOG ~ Il BSWHd ~ O1L LOVHLNOO Finaanos aiaTHIS PROPOSAL SUBMITTED BY: Bidder (7) By: Printed Name and Title ‘Address City/State/Zip Bidder (1) being a composed of oficers, partners SOdwners as follows: (Type of business entity) S XO Name/Title ae Sone ~~ Name/Titie Y Name/Title is Name/Title a e.. sar by & re a i Wa Ti aT RS age Ve ext Bidder (2) bé@d'a composed of officers, partners, or owners as follows: of business entity) oe xe Name/Title a ~~ Name/Title Name/Title Name/Title Name/Title Name/Title *NOTE: The signature and information for Bidder (2) is to be provided when there is a joint venture. BP 110-Sof6PROPOSAL CERTIFICATION The undersigned, being first duly sworn, certifies on behalf of the bidder that it has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Proposal or Contract. This is an official document that is required or authorized by law to be made under oath and is presented in an official proceeding. A person who makes a false statement in this certification is subject to the penalties of perjury. % The undersigned further certifies that said bidder is not under the control of any ‘ firm, partnership, or corporation, which has or exercises any control of any other persqit firm, partnership, or corporation, which is submitting a bid on this Contract. 3s ‘Sworn to and subscribed before Bidder (7) this _ day of, 2 By: Not ePrice Printed Name and Title My commi oo — $ sworn to and subscribed before me Bidder 2) S this day of ; By: ___ — Printed Wagers Title Notary Public > & My commission expires. & wag” ee 4° *NOTE: The signature and informs joint venture. n for Bidder (2) is to be provided when there is a BP 110-6 0f6CITY OF McMINNVILLE McMINNVILLE, TENNESSEE PROPOSAL BOND CONTRACT NO. 110 ~ PHASE DOWNTOWN REVITALIZATION Principal Print Name of Principal Surety: Print Name of Surety KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety above named, are held and firmly bound unto the CITY OF McMINNVILLE in the full and just sum of five percent (5%) of the total amount bid by the Principal for the project stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is: the Principal shall not withdraw its bid within sixty (60) days after the opening of the bids, or within such other time period as may be provided in the Proposal, and if the CITY OF McMINNVILLE shall award a Contract to the Principal, the Principal shall, within ten (10) days after written notice of the award is received by him, fully execute a Contract on the basis of the terms, conditions and unit prices set forth in his Proposal or bid and provide bonds with good and sufficient surety, as required for the faithful Performance of the Contract and for the protection of all persons supplying labor, material, and equipment for the prosecution of the work. In the event the Principal withdraws its bid after bids are opened, or after award of the Contract has been made fails to execute such the Contract and/or such additional documents as may be required and to provide the required bonds within the time period specified above, then the amount of the Proposal Bond shall be immediately paid to the CITY OF MeMINNVILLE, not as a penalty, but as agreed upon liquidated damages. BB-1of2IN WITNESS WHEREOF, the Principal has caused these presents to be signed by a duly authorized official and the Surety has caused these presents to be duly signed and sealed by an authorized agent or atiorney-in-fact. Principal (1) Surety (7) By: By: General Agent or Attornay-in-Fact Print Name and Title Date (Seal) Date Principal (2) ‘Surety (2) By: By: - General Agent or Attorney-in-Fact Print Name and Title Date ———--- (Seal) ate “NOTE: The signature and information for Principal (2) and Surety (2) is to be provided when there is a joint venture. BB~2of2CITY OF McMINNVILLE, McMINNVILLE, TENNESSEE PROPOSAL GUARANTEE CONTRACT NO. 110 ~ PHASE Il - DOWNTOWN REVITALIZATION Bidder: Print Name of Bidder KNOW ALL MEN BY THESE PRESENTS, that the above-named Bidder has tendered the attached cashier's or certified check in an amount equal to five percent (5%) of the total amount it bid for the project stated above, payable to the CITY OF McMINNVILLE, to be held pending the fulfillment of the following obligation conditions. NOW, THEREFORE, the condition of this obligation is: the Bidder shall not withdraw its bid within sixty (60) days after the opening of the bids, or within such other time period as may be provided in the Proposal, and if the CITY OF McMINNVILLE shall award a Contract to the Bidder, the Bidder shall, within ten (10) days after it receives written notice of the award, fully execute a Contract on the basis of the terms, conditions and unit prices set forth in its Proposal or bid and provide bonds with good and sufficient surety, as required for the faithful performance of the Contract and for the protection of all persons supplying labor, material, and equipment for the prosecution of the work. In the event the Bidder withdraws its bid after bids are opened, or after award of the Contract has been made fails to execute such the Contract and/or such additional documents as may be required and to provide the required bonds within the time period specified above, then the CITY OF McMINNVILLE shall cash the attached check and retain the funds, not as a penalty, but as agreed upon liquidated damages. IN WITNESS WHEREOF, the Bidder has caused these presents to be signed by a duly authorized official. Bidder (7) Bidder OF By: By: Print Name and Title Print Name and Title Date Date ‘NOTE: The signature and information for Bidder (2) is to be provided when there is a joint venture. PG-1of1CITY OF McMINNVILLE McMINNVILLE, TENNESSEE CONTRACT NO. 110 — PHASE Il - DOWNTOWN REVITALIZATION This agreement is made and executed in three (3) originals, between the CITY OF McMINNVILLE, and hereinafter referred to as the “Contractor WITNESSETH The CITY OF McMINNVILLE did advertise for, receive and accept a bid from the Contractor for work on the above identified contract. In consideration of the agreements herein contained, to be performed by the parties hereto and of the payments hereafter agreed to be made, it is mutually agreed by both parties that: 1, The contract between the parties consists of the following “Contract Documents” all of which constitute one instrument: (a) the Instructions to Bidders (b) the Proposal (0) all conditions and terms of this Contract form (d) the Contract Payment & Performance Bond and/or Letter of Credit, where applicable (e) the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction, March 1, 2006 Edition (hereinafter referred to as the “2006 Standard Specifications”) (f) Supplemental Specifications (g) Revisions and Additions (h) Special Provisions (i) Addenda (). The Standard Drawings (k) The Contract Plans, ()_ The Work Order (mm) Construction Changes (n) Supplemental Agreements All of the provisions contained in the listed Contract Documents are incorporated herein by reference with the same force and effect as though set out in full 2, The Contract Documents are intended to be complementary and to describe and provide for a complete work. Requirements in one of these are as binding as if occurring in al of them. In case of discrepancy, Supplemental Specifications will govern over the TDOT Standard Specifications; the TDOT Standard Specifications will govem over the local government standard specifications; the Contract Plans will govern over both Supplemental and Standard Specifications, and Special Provisions will gover over both Plans and Specifications. In interpreting Plans, calculated dimensions will govern over scaled dimensions. Contract Plans, typical cross sections and approved working drawings will govern ‘over Standard Drawings, A-10f3The Contractor agrees to furnish all materials, equipment, machinery, tools and labor and to perform the work required to complete the project in a thorough and workmanlike manner, to the satisfaction of the appropriate official of the CITY OF McMINNVILLE. The CITY OF MeMINNVILLE agrees to pay to the Contractor such unit prices for the work actually done as are set out in the accompanying proposal, in the manner provided for in the 2006 Standard Specifications, Supplemental Specifications and applicable Special Provisions. The Contractor shall, at all mes, observe and comply with all applicable federal, state and local laws, ordinances and regulations and shall indemnify and hold harmless the CITY OF MeMINNVILLE and all of its officers, agents and servants against any claim of liability or assessment of fines or penalties arising from or based upon the Contractor's and/or its employees’ violations of any such law ordinance or regulation. The Contractor shall maintain documentation for all charges against the CITY OF McMINNVILLE under this Contract. The books, records and documents of the Contractor insofar as they relate to the work Performed of money received under this contract shall be maintained for a period Of three (3) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice by the CITY OF MeMINNVILLE, the Tennessee Department of Transportation, or their duly appointed representatives, The Contractor shall be responsible for any and all injury or damage to persons or {o property arising from the prosecution of the work and due to any act, omission, neglect or misconduct in its manner or method of prosecuting the work or due to iis non-execution of the work or due to defective work or materials. The Contractor shall provide proof of adequate and appropriate general liability insurance providing liability coverage in an amount not less than $1 million dollars Per occurrence and $300,000 per claimant, naming the CITY OF McMINNVILLE as an additional insured. The Contractor shall indemnify and hold harmless the CITY OF McMinnville and all of its officers, agents and employees from all suits, actions or claims of any character arising from the Contractor's acts or omissions in the prosecution of the work, use of unacceptable materials in constructing the work, infringement of patent, trade mark or copyright, or claims for Workers’ Compensation. if any Such suit, action or claim is filed, the CITY OF McMINNVILLE may retain from the monies due to the Contractor under this Contract a sum deemed sufficient by the CITY OF McMINNVILLE to protect the CITY OF McMINNVILLE from loss therefrom. Upon resolution of the suit, action or claim, any remaining retained funds will be released, Upon execution of this Contract, the Contractor shall be prepared to begin the work to be performed under the Contract, but will not proceed unti it has received official “Notice to Proceed”. This official notice will stipulate the date upon which it is expected that the Contractor will begin his work, and from which date the working days tabulated against its time limit will begin. All other requirements in regard to the beginning of construction set forth in the Proposal and Special Provisions will date from the official notice. A-20f3IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed and ‘executed by their respective authorized agents or officials. Contractor 7 Contractor 2* By: Printed Name and Title Printed Name and Title Date Date CITY OF McMINNVILLE McMINNVILLE, TENNESSEE This Contract is accepted this day of ; , and is effective on the day of , Approved: [CITY/COUNTY] Attorney *NOTE: The signature and information for Contractor 2 is to be provided when there is a joint venture. A-30f3CONTRACT PAYMENT AND PERFORMANCE BOND CONTRACT NO. 110 - PHASE Il - DOWNTOWN REVITALIZATION Be it known that as Principal, and : as Surety(ies), all authorized to do business in the State of Tennessee, hereby bind themselves to the CITY OF McMINNVILLE, and other potential claimants, for all obligations incurred by the Principal under its contract with CITY OF McMINNVILLE, for the construction of the above identified contract; in the full contract amount of 3 ). The obligations of the Principal and Surety(ies) under these payment and performance bonds shall continue in full force and effect until all materials, equipment and labor have been provided AND all requirements contained in the contract, plans and specifications have been completed in a timely, thorough and workmanlike manner. The parties agree that these bonds are statutory in nature and are governed by the provisions contained in Title 12, chapter 4 and Title 54, chapter 5 of the Tennessee Code Annotated relating to bonds required of contractors and that those provisions constitute a part of this bond. By this instrument, the Principal and Surety(ies) specifically bind themselves, their heirs, successors, and assigns, in solido, under the following bonds: Payment Bond. To the CITY OF McMINNVILLE and alll “Claimants,” as contemplated by T.C.A. Title 54, chapter 5, in the full contract amount of 6. ), in ‘order to Secure the payment in full of all timely claims under the project. Performance Bond. To the CITY OF McMINNVILLE in the full contract amount of @. ), in order to secure the full and faithful performance and timely completion of the project according to its plans and specifications, inclusive of overpayments to the contractor and liquidated damages as assessed. Upon receipt of notice that the Principal is in default under the contract, the Surety(ies) shall undertake to complete performance, without regard to cost. If the Surety(ies) fail or refuse to complete performance of the contract, the CITY OF McMINNVILLE may then proceed with the work in any lawful manner that it may elect until itis finally completed, When the work is thus finally completed, the total cost of the same will be computed. All costs and charges incurred by the CITY OR McMINNVILLE in completing the Work will be deducted from any monies due or which may become due to the Principal. If the total costs of completion exceeds the sum which would have been payable under the Contract, then the Principal and the Surety(jes), in solido, shall be liable for and shall pay to the CITY OF McMINNVILLE the amount of such excess. PB-10f3.In witness whereof we have signed this instrument as dated. Principal/Contractor 1 By: Date Printed Name and Title (For Joint Venture) Principal/Contractor 2 By: Date Printed Name and Title Surety 1 Surety 2 By: By: ‘Aitomey-in-Fact ‘Attorney-in-Fact Printed Name Printed Name ‘Agency Name ‘Agency Name Street Address Street Address City/State/Zip City/State/Zip (Seal) (Seal) PB-20f3Subsequent correspondence/communication from CITY OF McMINNVILLE with respect to monthly progress reports and/or the contract bonds should be directed to: For Surety 1: For Surety 2: Name Name ‘Address ‘Address City City State/Zip State/Zip Phone Number Phone Number Fax Number Fax Number PB-30f3,CONTRACTOR DRUG-FREE WORKPLACE AFFIDAVIT STATE OF TENNESSEE ) d COUNTY OF d 1, Now Comes Affiant, who being duly sworn, deposes and says: He/She is the p ipa officer for ‘ie nd deo Biking ayy 3. ‘That the bidding entity as submitted a bid to for the (nen construction of 7 amet Peay 4. ‘That the bidding entity employs no less than five (5) employees; 5. ‘That the Afiant centities that the bidding entity has in effec, at the time of submission of its bid to perform the construction referred to above, a drug-free workplace programm that comp! 113, Tennessee Code Annotated. 8 with § 50-9 6. That this affidavit is made on personal knowledge. Further Affiant saith not. ‘AFFIANT STATE OF COUNTY OF Before me personally appeared. » with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the foregoing affidavit for the purposes therein contained. ‘Witness my hand and seal at office this, day of _ Notary Public (My commission expires: __ CFWA - 1 of 4Appendix C to Part 29--Certification Regarding Drug-Free Workplace Requirements Instructions for Certification 1. By signing and/or submitting this application or grant agreement, the grantes is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which rellance Is placed when the agency awards the grant. If itis later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. For grantees other than individuals, Allemate | applies. 4. For grantees who are individuals, Alternate Il applies. 5. Workplaces under grants, for grantees other than individuais, need not be ‘dentified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there Is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). 7. ifthe workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if t previously identified the workplaces in question (see paragraph five). 8. Definitions of terms in the Nonprocurement Suspension and Debarment ‘common rule and Drug-Free Workplace common rule apply to this certification, Grantees’ attention is called, in particular, to the following definitions from these rules: Controlled substance means a controlled substance in Schedules | through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of guilt (including a plea of nolo contendere) or 'mposition cf sentence, or both, by any judicial body charged with the responsibilty to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct charge employees; (if) CRWA - 2 of 4Al indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (ili) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the Payroll of the grantee (e.g., volunteers, even if used to meet a matching Fequirement; consultants or independent contractors not on the grantee's payroll ‘or employees of subrecipients or subcontractors in covered workplaces), Certification Regarding Drug-Free Workplace Requirements Alternate |, (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (2) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is Prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; {c) Making ita requirement that each employee to be engaged in the Performance of the grant be given a copy ofthe statement required by paragraph (a), (2) Notifying the employee in the statement required by paragraph (a) that, as @ condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her convietion for a violation of a Criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (2) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position ttle, to every grant officer or other designee on whose ‘rant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; () Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (42), with respect to any employee who is so convicted- CFWA - 3 of 4(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employes to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (9) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (4), (e) and (f). 5. The grantee may insert in the space provided below the site(s) for the Performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check [squl if there are workplaces on file that are not identified here. Alternate Il, (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use f a controlled substance in conducting any activity with the grant; (©) I convicted of a criminal drug offense resulting from a Violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other esignee, unless the Federal agency designates a central point for the receipt of Such notices. When notice is made lo such a central point, it shall include the identification number(s) of each affected grant. [65 FR 21690, 21705, May 25, 1990) CEWA 4 of 4STATEMENT OF COMPLIANCE CERTIFICATE ILLEGAL IMMIGRANTS EACH CONTRACTOR BIDDING SHALL FILL IN AND SIGN THE FOLLOWING This is to certify that have fully complied with all the requirements of Chapter No. 878 (House Bill No. 111 and Senate Bill No. 411) which serves to amend Tennessee Code Annotated Title 12, Chapter 4, Part |, attached herein for reference. * All Bidders for construction services on this project shall be required to submit an affidavit (by executing this compliance document) as part of their bid that attests that such Bidder shall comply with requirements of Chapter no. 878. Signed: State of }ss County of Personally appeared before me, the undersigned Notary Public the within named bargainor, with whom | am Personally acquainted, and known to me to be the President / Owner / Partner (as applicable) of the , Corporation, Partnership, Sole Proprietorship (as applicable) and acknowledged to me that he executed the foregoing document for the purposes recited therein. Witness my hand, at office, this day of 200_. Notary Public My commission expires SCC -1 Statement of Compliance — legal immigrantsNOTICE OF AWARD TO: PROJECT DESCRIPTION: CONTRACT 110 — PHASE Il - DOWNTOWN REVITALIZATION The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement to Bid dated , and Information for Bidders. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance and Payment Bond within ten (10) calendar days from the date of this Notice to you, Hf you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. ‘You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of 20_. City of McMinnville OWNER BY. Dr. Norman Rone Title__ Mayor ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged By this the __day of 20_ By. Title, NA-1NOTICE TO PROCEED TO: Date: Project CONTRACT 110 ~ PHASE Il - DOWNTOWN REVITALIZATION. You are hereby notified to commence work in accordance with the Agreement dated , 20__, on or before , 20__, and you are to complete the WORK within 120 “consecutive calendar days thereafter. ‘The date of completion of all WORK is therefore ,20_. —Cityof MeMinnville OWNER BY. Dr. Norman Rone TITLE____Mayor ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the __day of BY. TITLE. NP-4CHANGE ORDER Order No. Date: Agreement Date’ NAME OF PROJECT___ CONTRACT 110 ~ PHASE Il - DOWNTOWN REVITALIZATION OWNER CITY OF McMINNVILLE CONTRACTOR, The following changes are hereby made to the CONTRACT DOCUMENT: Justification: Change to CONTRACT PRICE: $ Original CONTRACT PRICE: $. Current CONTRACT PRICE adjusted by previous CHANGE ORDER $, The CONTRACT PRICE due to this CHANGE ORDER will be [increased] [decreased] by: $. The new CONTRACT PRICE including this, CHANGE ORDER will be 8. The CONTRACT TIME will be [increased] [decreased] by calendar days. The date for completion of all work will be [Date] Requested by: Recommended by: ‘Accepted by. co-1Fenn RD 1924-18 (Rev. 67) RURAL DEVELOMIENT PARTIAL PAYMENT ESTIMATE LUMI STATS DERNREMENT OF AGRICULALAE, [PARTIAL PAYRENT ESTIMATE NO. ‘CONTRACTOR: CCONTRAGT CHANGE OROER SUMMARY PERIOD OF ESTIMATE FROM ro ESTIIATE Tay oral Base font NET GANG 2, Change Odes 8 Ravel Gonenet 1 #2. 4 We Comekod® 5. Sere Mae 6. Satoh d+) 7 Rats 8. Previn Payent ‘nna Doe 678) (CONTRACT TIME (ye Rove On Ste Remshieg [CONTRACTORS CERTIFICATION: Th undniged Canirctr cro et th bs of Awd, best and ble! The woo cere by tt (snort stinen bon baer! aos ah {fecal csumans, ta nmsns hve Don by tte creme or work wh pron payne eed ‘i ase sirens ved moO, he ‘Sren pone sham fen od, Conca. PROVED BY OBER Oe Ow ‘aig ato Precod Corp TAAGHITECT OR ENGNEERS CERTIOATION The tes ante tht work has ben cay Fepaca atthe best ot hee Avra tel Son paemed assole it eco neta ACCEPTED BY ACNE: “Thee orl reine fs ete doe tt Iwemneinom ofthe tn shane a ho th he toon perme naan i ne arc doce sei ptm tit penton eh ine : PPE— RD DEER eTSEH CE SHURW ORES ET ‘ aa s|_ os s : i ans ae o sae ” now PARR | aime | wouanossn (372 | ana eonsaanu [anya ee a CRED SLO GE WEDS SMTA 2 OEE But Ose0 18 Wolk Nora SRE NAS ETT WRAL smoL ‘ , s : une mee | aa aa] wnow [xine | annom | auuwno | anno LT won van * STOO TEES 5 TORO RG TRAN Wate PPE-2spio7e sPio2B Sheet } of 1 STATE OF TENNESSEE March 1, 2006 SPECIAL PROVISION REGARDING UNBALANCED BIDS. ‘The Department will review all unit prices submitted by the apparently lowest responsible bidder and will decide whether any of the unit prices are excessively above or below a reasonable cost analysis value determined by the Engineer. In the event any unit prices are determined to be unbalanced and contrary to the interest of the Department, the right is rescrved to reject such bid at the discretion of the Department or to award the Contract and limit progress payments on units of work performed on any excessively priced items to costs that are satisfactorily documented by the Contractor plus 20 percent, until 85 percent of the Contract has been completed. Upon completion of 85 percent of the Contract, the Contractor will be reimbursed in accordance with Subsection 109.06 of the Standard Specifications for the accepted quantities of work performed on the excessively priced items. SPEC - 1‘SP1021 ‘SP1021 Page 1 of 2 STATE OF TENNESSEE October 1, 2006 REV: February 5, 2007 SPECIAL PROVISION \GARDING VYING AND CONTRACTING WITH ILLEGAL IMMIGRANTS ‘The State shall endeavor to do business only with those contractors and subcontractors {hat ae in compliance withthe Federal Immigration and Nationality Act. This policy shall apply to all State Contractors including subcontractors. This policy statentent is issued to establish implementation guidance to procuring state agencies and contractors ‘eflecting the requirements of Governor's Executive Order #4, An Order Reparding Hiance with Federal Laws Rel loving and with i and the requirements of Public Acts of 2006, Chapter Number 878 of the State of Tennessee (codified at Tenmessee Code Annotated, Tile 12, Chapter 4, Part ». 1. The Contractor hereby attests, certifies, warrants, and assures that the Contractor shall ‘not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract. The Contractor shal reaffirm this attestation, in writing, by submitting to the State a Completed and signed copy of the “Attestation form” provided by the Department, semi-annually during the period of this Contract, 2. Prior to the use of any subcontractor in the performance of this Contract, and semi- annually thereafter, during the period of this Contract, the Contractor shall obtain and ‘tain a current, writen attestation thatthe subcontractor shall not knowingly utilize the services of an illegal immigrant to perform work relative to this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant to perform work relative to this Contract 3. The Contractor shall maintain records for its employees used in the performance of this Contract. Said records shall include a completed federal Department of Homeland Security Form 1-9, Employment Eligibility Veriftation, for each employee 4and shall be subject to review and random inspection at any reasonable time upon reasonable notice by the State. SPEC - 2P1021 sp1021 Page 2 of 2 4. The Contractor understands and agrees that failure to comply with this section will be ‘subject tothe sanctions of Public Chapter 878 of 2006 for acts or omissions occurring after its effective date, This law requires the Commissioner of Finance and ‘Administration to prohibit a contractor from contracting with, or submitting an offer, proposal, or bid to contract with the State of Tennessee to supply goods or services fora period of one year after a contractor is discovered to have knowingly used the services of illegal immigrants during the performance of this contract. For the Purposes of this policy, “illegal immigrant” shall be defined as a non-citizen who has entered the United State of America without federal government permission or stayed in this country beyond the period allowed by a federal govemnment-issued visa authorizing the non-citizen to enter the country for specific purposes and a particular time period. ‘Compliance and non-compliance procedures will be as specified in the Tennessee Department of Finance and Administration’s Policy on “Ensuring Compliance with Federal Immigration Laws by State Contractors and Subcontractors”. SPEC - 3 71064, 1064, Sheet | of 1 STATE OF TENNESSEE fever Mc SPECIAL PROVISION anwing BUY AMERICA MEN’ ‘Al manufacturing processes for iron and steel products, and coatings applied thereon, used frylis project shall occur in the United States except that if the proposal hes bid Tews te par ahing domestic and foreign iron and sel, the bidder will have the option of (1) ‘submitting a Be fo Mumishing domestic iron and stel, or (2) submiting a bid for famishing domes toc and steel and a bid for furmishing foreign iron and steel. If option (2) is chosen he ti {Genie on the basis of (a) the total bid price using the bid price for fumishing donate ‘and steel an, (b) the total bid price using the bid price for farmishing foreign ironed tech sige (ts! bid based on furnishing foreign iron and steel to be considered for award, the {otal bid based on furnishing domestic iron and steel must exceed the total bid based on furnishing foreign iron and steel by more than 25 percent, Coatings include epoxy, galvanizing, painting or any other surface protection that enhances the value and/or durability of a material, ‘The contractor shall provide a certification to the Engineer with each shipment of iron and See Products tothe project site tha the manufacturing processes forthe iron and steel products occurred in the United States. The above requirements do not prevent a minimal use of foreign materials, if the cost of Such materials used does not exceed 0.1 percent of the total contract cost or $2,500.00, whichever is greater. SPEC - 4oe SPIOTER, SPLozER Sheet 1 of 4 {rized 04-03-2006) STATE ‘Scope The the following: ‘Section 404 ofthe Feder! Clan Waler Ac 33 US.C. §1344, and all implementing ‘are a ng tn an 2 Ay Copel Equant {eveming permite for discharge of ‘of fll material into water ofthe Unite Siatesin 3 CPR Pare 323 and 2 The Tennessee Water Quality Control Act (LCA. §69.3-101, et seq) and all implementing regulations, inchuding without limitation the Rules of the’ Tennessee Department of Environment and Conservation governing NPDES permit ia Chaplet '260-4-10, and Aquatic Resource Alteration permits in Chapter 1200-4°) and, Seg inthe TVA ot of 1933 as aed (49 Sl. 1079, [6 U. 8G: e311) snd all t lementng regulation, including withowt liataton the regulators et 8 alley Authortygovesing constacon in te Teseons Wie Se he oa, ‘4. The Tennessee Wildlife Resources Agency Reelfoot Lake Watershed Management 1.) and all implementing regulations, inciuding oa Sey alviy, practice of project whic hs or ely tov he fof Seng sues cr ens eet wh so the ltt of draining or olterwise roving vate em Reefoee Line 5. Coast Gund Bridge Permit (USCG) (Section 9 ofthe Rivers and Harbors Appropriation ‘Act of 1899) and all implementing regulations, including but not without Linitaion for Projects which impect streams deemed navigable by the US, Cocst Guard Responsibility {understood and aged that the Contrctor assumes ll esponstitis ofthe peitee indicated in the permit that relates to protection of the "watery of he United Sista” andor “waters of the Sate of Tennessee” SPEC - 5Sru07eP o7FP Sheet2 of 4 me Waderaoed and seed tat the Contactor stall be responsible fer otnng any sedan sims requed by the Contactee's method of constants ce Sey Uimtaton hel roads, temporary channels ot tempory itches, or afbate aon eee et Jl wertood tha the Contr sal be respon fer inplementng the provisions ef ate Goat cig, bt not inte te, TDEC ARAB COE 300 IR a Geeel Guucd, TWRA) and Storm Water Uncuding, tt nov tied to No eon es Discharge Etmiaton System (NPDES), TDEC/TDOT Consent Ordst Selects ge Management Pan (SSWMP)] Perms that pein to comsivetion ic {Comacor signing hi contact rating ht the Conor bas reviwed a copy ot he peri pen lnclding "NPDES «Permit proves 7 pedi ot state tn sleostuctionpermitvapdes pds, the TDECTDOT ere Onset provisions at enone mieniO4 pd the site Monitoring Pay odin eng, Ste FDECTTDOT ‘Consent Grer Inet: Mentors Moin Me fees ffom the project se ude the NIDES permit roviions antl the Notes a femaieie ae IDEC by the TDOT Regional Construction Superior The NOT xno res struction project is permanently sabilied. This means Gat the sere ee tears o alleviate concers of surface erosion and tanpor of sclinent fees oe cneyaree eo waters ofthe sae ino longer necessary” rer tne ee entos, rd sraces andor vegsation, enplayed a he vic are deemel eager ‘tosion snd sediment trenspo. DES Permit and Consent red Act Jn ation tor in aed coe oy lS od ame a the approximate duration (or start and ending times) of 0:5 inch or greater tanfall event 1 ep ody he Cm pent ee ee i SVE es el ss ee icc With ogee “artguwe Sh ariceate te sia Des Ge eee ha ~ asia Te a ee fat Eat he mmr ame pte te see aaa ec ot ih Stine ie ru Sebo tn ota S | make a paiticular activity impracticable. Any such conditions ght wuinediate reg Roc oa ui ins Mea ia at nd coal Sire e ae eer ece Sea The Contractor forther agrees that should he be awarded this contract, he will execute two (2) - sets saris mets loam pe) ind amen ns th Eran terran oe Ce ata rua eo eee pein si ae eta ca es amare tommen ‘iscrton cancel the award wit the Contactor frfeking his U1 bond dade Cam nas Rr sm wane nel fn Se te eas 2 Ms an [ilnes ee G" Ona Sloe tte en Spe meer Saye ec pga, Rt - ek a ay Se ayer tt ei et SS me he a Sderot ao ; a 5 : Failure to Comply In the event » Notice of Violation (NOV) or Order pursuant tothe Tennessee Water Quality Control Act or the Federal Clean Water Act issued on this project, any and al fines wil be the Sole responsibilty of the Conactor as. outived in Subsection 107.01 of the Standard SPEC - 7PLOTER Sheet 4 of 4 ldge Construction of the Teressce Department of re ctl 20 pacicipate in any payment or reimbursement for faes and wit Mgara dime exteosions due to delays in project progress for Work sopoage segheod remedy te violations. If the Contractor does not make necessary corectionsadjustments in a. timel required above, the Deparment wil implement te p Standard Specifications for Road and Bridge Con the Heya deficiencies are not corrected within twenty-four hous aller writen notifeation By the TOOT project supervisor (unless documented conditions make a parece wae sae of repair activity impracticable, 8 deduction shall be made from monies ve the oniactr nota fely, bu a gidied dares eae me a of he | Standard Specifications for Road and Bridge Constraction March bine eee eng stall be made foreach fration, as determined bythe TOT Pe eee for each calendar day thatthe deficiency is allowed to remo SPEC - 8108A 108A Sheet 1 of 1 STATE OF TENNESSEE March 1, 2006 ‘SPECIAL PROVISION REGARDING “SPECIALITY ITEMS” In accordance with the provisions of Subsection 108.01, Standard Specifications for Road and Bridge Construction, 2006, all construction items included in the following described work are hereby designated as “Specialty Items": Items 712 - Traffic Control Items Items 716 ~ Pavement Markings Items. SPEC - 9Is IS io 1088 1088 Sheet 1 of 1 STATE OF TENNESSEE SPECIAL PROVISION REGARDIN PROJECT COMPLETION AND LIQUIDATED DAMAGES This project shall be substantially completed within_120 consecutive calendar days from the date included in the written Notice to Proceed issued by the Owner and shail be completed in its entirety and ready for final payment within 130 consecutive calendar days from the date included in the written Notice to Proceed Tssued by the Owner. No partial payments, including payments for stockpile materials, shall be made before work begins. In the event the work is not completed within the time periods stipulated at this Special Provision, deduction for liquidated damages shall be made in accordance with Subsection 108.07, as amended, and this Special Provision. Any delay in completing the project within the time periods stipulated at this Special Frovision will be cause to deduct $590.09 per consecutive calendar day from monies due the Contractor, not as a penalty, but as liquidated damages. SPEC - 10SP1230 ‘Sriz30 Sheet 1 of 6 STATE OF TENNESSEE SPECIAL PROVISION March 1, 2006 REGARDING IAL. YMENT OPPORTUNITY. Reference: Federal-Aid Highway Program Manual ‘Transmittal 147, June 26, 1975 Replaces FHWA Order Interim 7-2(1) ecific Equal Em nt O} GENERAL ortunity Responsibilit 8) Equal employment opportunity requirements not to diseriminate and to take affirmative action to assure equal employment opportunity as required by Executive ‘Order 11246 and Executive Order 11375 are set forth in Required Contract Provisions (Foun FHWA-1273 or PR-1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C, as established by Section 22 of the Federal-Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. 'b) The contractor will work with the Tennessee Department of Transportation and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract, ©) The contractor and all his/her subcontractors holding subcontracts not including material suppliers, exceeding $10,000, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection I of the Federal-Aid Highway Program Manual, are applicable to material suppliers as well as contractors an subcontractors). The contractor will include these requirements in every subcontract exceeding $10,000 with such modification of language as is necessary to make them binding on the subcontractor. SPEC - 11‘$P1230 ‘SP1230 Sheet 2 of 6 Equal Employment Opportunity Policy ah, gtractor will accep as his operating policy the following statement which is designed {2 farther the provision of equal employment opportunity to all persons oat regard to their ceeal ep ligon, sex, national origin or disability and to\promote the hal eae qual employment opportunity through a positive continuing progeny Itis the policy of this Compar ny to assure that applicants are employeid, and that employees are treated during ‘employment opportunity officer (hereinafter referred to Ses EEO Officer) who will have the responsibilty for and must be capable of cffstively administering and promoting an active contactor prograrn of exe! geployment opportunity and who must be assigned adequate authority and responsibility to do so. 1 Employment Oy ity Officer oreo will designate and make known to the Tennessee Department of Transportation contracting officers an equal employment ‘opportunity officer (hereinafter referred wae EEO Officer) who wil have the responsibilty for and must be cate effectively. ministering and promoting an active contractor program of equal emproyeeeee ‘opportunity and ‘who must be assigned adequate authority and responsibility 1 do 30. Dissemination of Policy (@) All members ofthe contractor's staff who are authorized to hire, supervise, sre gh are employees, or who recommend such action, or who ae substantially ‘inimum: (1) Periodic meetings of supervisory and personnel office employees will be Sonducted before the start of work and then not less often than once every six {Ronths, at which time the contractors equal employment opportunity policy and its implementation willbe reviewed and explained. The meetings will be ‘conducted by the EEO Officer or other knowledgeable company official. ©) All new supervisory or personnel office employees will be given a thorough indoctrination by the BBO Officer or ther knowledgeable company oifietl Covering all major aspects ofthe contractor's equal employment opportunity Obligations within thirty days following their reporting for duty withthe contractor. @) All personnel who are engaged in dicect recruitment for the project will be instructed by the EEO Officer or appropriate company official in the contractor's Procedures for locating and hiring minority group employees. SPEC - 12 .SP1230 SP1230 Sheet 3 of 6 (b) In order to make the contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, ic, schools, ‘employment agencies, labor unions (where appropriate), college placement officers, t., the contractor will take the following actions: (1) Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for ‘employment and potential employees, @) The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of ‘meetings, employee handbooks, or other appropriate means. le (@) When advertising for employees, the contractor will include in all advertisements for ‘employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among, minority groups in the area from which the project work force would normally be derived. (b) The contractor will, unless precluded by a valid bargaining agreement, conduct, systematic and direst recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To mect this fequirement, the contractor will, through his EEO Officer, identify sources of potential tinority group employees, and establish with such identified sources procedures ‘whereby minority group applicants may be referred to the contractor for employment ‘consideration, (©) In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment ‘opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities ‘or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended), (@) The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. SPEC - 13SPIz30 SP1230 Sheet 4 of 6 Personnel Actions Wages, working conditions, and employee benefits shall be established and administered, ani personnel actions of every type, including hing, upgrading, promotion: komstee demotion, ugh and termination, shall be taken without regard to age, race, calor, rligon, ee eee origin or disability. The following procedures shall be follevet, The contractor will conduct periodic inspections of project sites to insure that working Spaditions and employee facilities do not indicate diseriminatory treatment of project (0) ‘The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of diseriminatory wage practices, (©) The contractor will periodically review selected persons. (@ The contractor wil promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contrac, will alempt to resolve such complaints, and will take appropriate corrective action within a reasonable Training and Promotion (The contractor will assist in locating, qualifying, and increasing the skills of minority sroup and women employees, and applicants for employment, ) contract performance. Where feasible, 25 percent of apprentices or trainees in cach {ocupation shall bein their first year of apprenticeship or training. In the event the Special Provision Regarding Training Program Requirements is provided under this, contract, this subparagraph will be superseded as indicated therein, (© The contractor will advise employees and applicants for employment of available ‘raining programs and entrance requirements for cach, SPEC - 14 .SPiz0 S$P1230 ; Sheet 5 of 6 (4) The contractor will periodically review the training and promotion potential of minority ‘2r0up and women employees and will encourage eligible employees to apply for such Unions If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use. his/her best efforts to obtain the cooperation of such unions to iacreces Qhportunities for minority groups and women within the unions, and to effect referrals by such Unions of minority and female employees. Actions by the contractor either dircily or through ‘contractor's association acting as agent will include the procedures set forth below: (@) The contractor will use best efforts to develop, in cooperation with the unions, joint \taining programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and ‘women so that they may qualify for higher paying employment. (©) The contractor will use best efforts to incorporate an equal employinent opportunity clause into each union agreement to the end that such union will be contractually bound {o refer applicants without regard to their age, race, color, religion, sox, national origin or disability . (©) The contractor isto obtain information as tothe referral practices and policies ofthe [nbor union except that tothe extent such information is within the exclusive possession of the labor union and such labor union refuses to fornish such information tothe contractor, the contractor shall so certify to the Tennessee Depariment of Transportation ‘and shall set forth what efforts have been made to obtain such information, (@ In the event the union is unable to provide the contractor with a reasonable flow of ‘minority and women referrals within the time limit st forth i the collective bargaining ‘agreement, the contractor will, through independent recruitment efforts, fill the ‘employment vacancies without regard to age, race, color, xeligion, sex, national origin or disability, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement Providing for exclusive referral failed to refer minority employees). In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the Tennessee Department of Transportation. Subcontracting @) The contractor will use his best offorts to solicit bids from and to utilize minority group ‘subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from the Tennessee Department of Transportation. SPEC - 15sP1230 sp1230 Sheet 6 of 6 (©) The contractor will use his best efforts to ensure subcontractor compliance with they ‘equal employment opportunity obligations, Records and Reports (@) The contractor will keep such records as are necessary to determine compliance with the contractors equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non-minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women. (Applicable only to contractors who rely in whole or in part on unions as a source for theft work force). ) The progress and efforts being made in locating, hiring, training, qualifying, and ‘upgrading minority and female employees. (4) The progress and efforts being made in securing the services of minority group Subcontractors or subcontractors with meaningful minority and femate representation among their employees. (©) All such records must be retained for a period of 3 yeas following completion of the conact work and shall be available at reasonable times and places for inspection by {uthorized representatives ofthe ofthe Tennessee Department of Transportation and the Federal Highway Administration. (©) Bach contractor and subcontractor shall submit tothe Tennessee Department of Transportation an annual report for every July during which work is performed cating the number of minority, women and non-minority group employees currently ion required by the contract work. This information is to be reported on Form PR 1391 and is to be received by the Department not later than the 20th of the month following the reporting period (@ The contractor and/or sub-contractor will be required to complete other reports as instructed by the Engineer. (©) Current estimates may be withheld by the Project Engineer when reports are not ‘eceived within the above specified time limits. SPEC - 16 .ant SP1231 Sheet 1 of 6 STATE OE TENNESSEE March 1, 2006 SPECIAL PROVISION ING STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY ONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 112. 1) _Asused in these specifications: 8. "Covered area” means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; © "Employer identification number” means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941 Che G inority" includes: 1. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); H, Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South ‘American or other Spanish or Portuguese Culture or origin, regardless of race); UL Asian and Pacific Islander (al persons having origins in any of the original ppoples of the Far Bast, Southeast Asia, the indian Subcontinent, or the Pecthc Islands); and IV. American Indian or Alaskan Native (all persons having otigins in any of the original peoples of North America and maintaining indentifiable, tribal affiliations through membership and participation or community identification), 2) Whenever the Contractor, o any Subcontractor at any tier, subcontracts a portion of the ‘work involving any construction trade, it shall physically include in cach subcontract in ‘excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation arid which is set forth in the solicitations from which this contract resulted. SPEC - 17SPI1234 SP1231 Shect 2 0f 6 3) Ifthe Contractor is participating (pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an . The type of work items on the contract for which the DBE willbe used, ©The "Amount to DBE" which has been committed to each DBE firm which will ‘be used on the contract. 3. Bidder Selection and Good Fi ith Efforts ‘8, Bidders shall submit Proposals that meet the DBE goal or shall submit documentation clearly evidencing that they made good faith effort to meat the DBE goal. Contractors who meet or exceed the contract goal will be assumed {0 have made good faith efforts to utilize DBE firms. DBE finns who bid cx rime contractors will be considered to have met the goal. SPEC - 42P14; Sheet 6 of 8 ‘As soon as practical after award of the contract, the contractor shall submit copies of all binding subcontracts and purchase orders with DBEs to the Project Supervisor and the SBDO. No progress estimate shall be processed until this information is received. 4, Joint Checking Allowance for DBE. A DBE must receive pre-approval by the Department before using a joint check. Joint check requests shall be submitted, by the DBE, to the Department's SBDO prior to the contract agreement. The following are some general conditions that must be met regarding joint check use: ‘The second party (typically the prime contractor) acts solely as a guarantor. ‘The DBE must release the check to the supplier. ‘The use of joint checks must be a commonly recognized business practice in the industry. The DBE remains responsible forall other elements of 49 CFR 26.55(c\(1) The DBE is not required to use a specific supplier nor the prime contractor's negotiated unit price. ‘The DBE shall submit receip/copy of cancelled checks to the Department's Small Business Development Program. om pee D. Construction Period Requirements, J. After adequate notice by the Contractor, if any DBE is unable to perform work committed toward the goal, the DBE shall provide to the SBDO a signed statement saying why they are unable to complete the work. The Contractor shall document their efforts to have another DBE perform the item or to have a DBE perform other items to replace the original DBE commitment amounts. In the event the Contractor is not able to find replacement DBE work, the Contractor must provide the SBDO documentation clearly evidencing good faith efforts. Any request for substitution of a DBE subcontractor shall be made to the Department and approved by the SBDO. 2. Brokering of work by DBEs is not allowed and is a contract violation. A DBE firm involved in brokering of work may have their certification removed or suspended. ‘Any firm involved in brokering of work that engages in willful falsification distortion, or misrepresentation with respect to any facis related to the project shall be referred to the U. 8. Department of Transportation's Office of the Inspector General for prosecution under Title 18, U. S. Code, Section 100.20. Contractor shall place this provision in all subcontracts with DBEs. 3. A TDOT Project Supervisor/Inspector shall complete a DBE Questionnaire (CC-1) to document the first date of work, work items, equipment, and forces of each DBE. SPEC - 43DBE Award Information For Contractors And Consultants On Locally Let Federal Aid Contracts County Project Number Contract Award Amount 8 Federal Dollars inthe Contract $. Contract Award Date ‘Name of Prime Contractor/Consultant Proposed DBE Goal ( %) or (None) Names of Subcontractors Ethnicity** Gender ‘Subcontract Amount 3. s eee — _ 8 _ s $ 5. 5 s s Total DBE Commitment $ Submitted by. Date, **Ethnicity= Black American (BA), Hispanic American (HA), Native American (NA), Subcontinent Asian American. (SAA), Asian-Pacific American (APA), Non-Minority Women (WEBE), Other (oT) SPEC - 44SP127: : Sheet 1 of 1 = STATE OF TENNESSEE ‘March 1, 2006 CERTIFICATION REGARDING _ B. NT, SUSPENSION, AND OT} PONSIBIL TER: Ru (D LOWER TH VERED INS Ae Prospective Primary andor Lower Tier participant certifies, by signing and submiting this proposal, o the best of ts knowledge and belie, that it and ite principale: 7 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or Voluntarily excluded from covered transactions by any Federal, Siate or local desartovent or agency, - Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense ia {Ponncetion with obtaining, attempting to obtain, or performing a public (Federal, State or {ocal) transaction or contract under a public transaction; violation of Federal’ or State = antitrust statutes or commission of embezzlement, thefl, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen propedty Aro not presently indicted for or otherwise criminally or - governmental entity (Federal, State or local) with commission of any of the offessce ‘enumerated in the preceding paragraph of this certification; and Have not within a three- year period preceding this application/proposal had one or more = public transactions (Federal, State, or local) terminated for eause or default, ‘Where the prospective Primary and/or Lower Tier participant is unable to certify to any of the statements in this certification, such prospective participant shal attach an explanation = to this proposal, (Exceptions to the above are to be submitted on a separate sheet with the bid proposal) Par aay exception noted, indicate to whom it applics, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. SPEC - 45 ‘‘SP1290 SP 12 Sheet 1 of 1 STATE or TENNESSEE March 1, 2006 SPECIAL PROVISION REGARDING (ON [MINATION IN EMPLOY! Bidders are cautioned as follows: By signing this bid, the bidder will be deemed to have sigued and agreed that all persons, firms or corporations supplying goods, material, equipment or service of any kind to the'Siste of Tennessee will not discriminate against any employee or applicant for employment on the basis gf handicap, race, religion, national origin or sex and further, that while under contract with the State will show proof upon request that all employment practices including, but not limited to, promotion, rates of pay, transfers, recruitment, recruitment advertising, terminations, layofts asd {taining and apprenticeship programs are not discriminatory in nature. Each contractor shall be Tequired to post in conspicuous places, available to all employees and applicants for employment, notices of non-diseritnins SPEC - 46SP1320 ‘$P1320 Sheet 1 of 1 STATE OF TENNESSEE (Rev. 08-17-09) (Rev. 12-30-09) (Rev.01-05-10) (Rev. 03-15-10) SPECIAL PROVISION REGARDING TENNESSEE DEPARTMENT OF TRANSPORTATION 2010 MINIMUM WAGE SCALES FOR FEDERAL-AID CONSTRUCTION 2010 MINIMUM WAGE. JES FOR STATE FUNDED CONSTRUCTION ‘This Contract contains “Tennessee Department of Transportation 2010 Minimum Wage Scales for State Funded Construction", Tennessee Department of Labor Decision No. T-3291, dated January 5, 2010, and Tennessee Department of Transportation 2010 Minimum Wage Scales for Federal-Aid Highway Construction, U. S. Department of Labor Decision Nos. TN20100010 (dated March 12, 2010) and ‘TN20100017 (dated March 12, 2010). ‘The Contractor is required to pay the greater of the two (2) rates for each classification. Note: Minimum Wage Scales for Feder {included in all applicable Contract Proposals. ction are on file with the Department, and will be SPEC - 47| Page 1 of 3 (Rev. 03-15-10) STATE. OF “TENNESSEE ‘TENNESSEE DEPARTMENT OF TRANSPORTATION MINIMUM WAGE SCALES FOR FEDERAL AID HIGHWAY CONSTRUCTION Date: March 12, 2010 General Decision Number: ™¥20100010 Superseded General Decision Number: 7120080010 Construction Types: Highway Counties: Anderson, Blount, Carter, Cheatham, Davidson, metsom™ Grainger, Hamilton, Hawkins, Jefferson, Knox, Madison, Marion, Montgomery, Robertson, Rutherford, Sevier, Shelby, Sullivan, Sumner, Tipton, Unicoi, Union, Washington, Wiliiamson and Wilson Counties in Tenness: wach 12,2010 General Decision Number: "20100017 Superseded General Decision Number: 1820080017 Construction Types: Highway Counties: Bedford, Benton, Bledsoe, Bradley, Campbell, Gannon, Carroll, Chester, Claiborne, Clay, Cocke, Coffee, Crockett, Cumberland, De'Kalb, Decatur, Dyer, Fayette, fantess, Franklin, Gibson, Giles, Greene, Grundy, Hamblen, pancock, Hardeman, Hardin, Haywood, Henderson, Henry, Hicknan, fouston, Humphreys, Jackson, Johnson, Lake, Lauderdale, manrence, Lewis, Lincoln, Loudon, Macon, Marshall, Maury, Pouinn, McNairy, Meigs, Nonroe, Moore, Morgan, Obion, Overton, Berry, Pickett, Polk, Putnam, Rhea, Roane, Scott, smith, Gkguert, Trousdale, Van Buren, Warren, Wayne, Weakley and White Counties in Tennessee, SPEC - 48Page 2 of 3 CLASSIFICATION For Counties in “For Counties in Decision TN20100010 Decision TN20100017 Rates Rates Bricklayer $11.49 $8.84 Carpenter $10.41 $8.58 Concrete Finisher $10.01 $8.35 Drill Operator (Caisson) $12.65 $13.98 Electrician $16.60 $11.89 Ironworkers -Reinforcing $9.63 $8.41 -Structural $12.32 $10.00 —| Laborers __ ~ Group 1 $7.62, $5.93 - Group 2 $8.89 $7.54 Mechanic ~ Heavy Duty $10.33 $9.00 = Light Duty $8.91, Painter & Sandblaster $9.52 Powder Person (Blaster) $8.03 Power Equipment Operators = Group 1 $9.17 ~ Group 2) $8.50 - Group 3 $8.31 = Group 4 $7.79 = Group 5 $10.18 ~ Group 6 $6.56 Tick drivers ~ 2or3axles $8.43 $7.37 =4or 5 axles heavy duty $8.75 $7.55 WELDERS ~ Receive rate prescribed for craft performing operation to which welding is incidental LABORER CLASSIFICATIONS GROUP 1 - Unskilled Laborer; Flaggers; Traffic Control Pickup Driver GROUP 2 - Skilled Laborers: Air tool operator, Asphalt Raker, Chain saw operator, Concrete Mixer Operator (Less then 1 yard), Concrete Rubber/Edger, Fence Erector, Form Setter (Steel Road), Guard Rail Erector, Mechanic's Tender (Tire Changer or Oiler), Mortar Mixer, Nozzleman or Gun Operator (Gunite), Pipelayer, Sign Erector. SPEC - 49Page 3 of 3 POWER EQUIPMENT OPERATOR CLASSIFICATIONS , GROUP 1: Backhoe/lydraulic Excavator (3/4 yard & over) Giner End Loader (3 yards G over), Motor Patrol (Finish), Pile Driver, Dragline. ee at, Backhoe/Hydraulic Excavator (Less than 3/4 yard), Noten gze OF Push dozer, End Loader (Less than 3 yards), Borer Patrol operator (Rough), ‘Tractor (Crawler/Utility), Scraper, Shovel, Trenching Machine. secur 3: ,Rephalt Paver, Concrete Finishing Machine, Concrete paeer te uate: Spreader (Self-Propelled), concrete Gcindes, Asphalt Milling Machine, Boring Machine Operator (Horizontal) GROUP 4: Bobcat, Central Mixing Plant, Curb machine (Automatic or Manual), (ecogkpile), Ori11 Operator (piling), walcher or Seedes, Rock Drili Soil Stee eee oe Ue, (asphalt), Roller (compaction self-propeliea), aeateaesitization Machine, Tractor (boom & hoist], Bitumiroc. Stee atr Machine, Ditch Paving Machine, Pump, Track Drill, Striping Machine Operator. Concrete Pump, Concrete Sax, Dozer or Loader Operator GROUP 5: Sweeping Machine Operator Group Farm Tractor Operator. SPEC - 50‘Sheet 1 0f3 STATE OF TENNESSEE n SEE DEPARTME PORTATH 204 WAGE SCALES FOR ED ION January 5, 2010 ‘Tenn. DOL Decision No. T-22931 Tae | Craft CLASSIFICATION (ENGLISH) CLASSIFICATION (SPANISH) Hourly | No. Tre Tae Teer | a Carpenter Leadspersoa ‘Carpintere o Lider wi) 02 Giass "A" Operators ‘Operador Chase A 0 a Gass "B™ Operators Operador Case 1526) 04 Gs °C Operators ‘Operador Cae © 1575 | Cass "D* Operators ‘Operador Clase D Te ‘Conerete Finisher “Terminador de Cemento 1391 Dill Operator (Gakson) ‘Operador de Perfordora Tas lectrclan| Bectrcista 2L6 Farm Tractor Operator (Power Broom) ‘Operador de Tractor de Rancho Bs] 0 Tronworkers (Relaforcing) Herrero 1590| i Tronworkers Stroctoral) Herrero de stractora Ts | 2 “Mechanic (Class 1) Heavy Duty “Mecanico Clase 1 1804 | 13, ‘Mechante (Class 1) Light Duty ‘Mecanico Clase 2 1627 | 14 Painter /Sandblaster Pintore Lajador aisé | 15] Powder Person/ Biaster Pruveedor de Explosives 7m] 16 ‘Sialed Laborer Obrero Diesiro Bas] 17] ‘Survey Instrument Operator Operador de Agrimensor Ta | ie ‘Sweeping Machine (Vacuum) Operator ‘Operador de Barrsdora “Truck Driver Ganley Camionero @ ees) “Truck Driver @/4 axle) Canionere 304g) | “Truck Driver @ or more ales ‘Camionero 0 mis ees) 2] Laborer /Onshiled, Magger, Trafic ‘Obrerono Dietro B ‘Control, Pickup Driver ‘Worisite Traffic Coordinator ‘Sasa de Tao er eLapr de 1698 | 24 ‘Truck Driver) Heavy Duty Off Road ‘Camionero (Pessdos Fuera de 1298 | 35 Carretera) SPEC - 51Sheet 2.083 CLASSIFICATION RAFT NO, ‘BASIC HOURLY RATES SKILLED LABORER: "7 1334 Reb peegberator, Asphalt Raker, Chain Saw Operator, Concrete Mixer Operator (less than 1 yard), Conerete Guene TEdker, Fence Erector, Form Seter (Stee Road), Goardrall Erector, Mechanic's Helper (ite Changer or Oiler), Mortar Mixer, Nozzelman or Gun Operator (Gunite) *Pipelayer, Sign Erector CLASS "A" OPERATORS: 03 w.a4 ackhoe/ Hydraulic Excavator (8/4 yard and ver), Crane, End Loader (3 yards and over), Motor Patrol (Finish, Pile Driver, Dragline CLASS "B* OPERATORS: 4 1526 Mantoelisdraalc Excavator (ess than 34 yard), Bull Dozer or Push Doze, End Loader (es than 3 yards), ‘Motor Patrol (Rough), Tractor (Crawler/Uuiity), Seraper, Shovel, Trenching Machine CLASS *C" OPERATORS: 0s 1875 Asphalt Paver, Concrete Finishing Machine, Concrete Paver, Scale, Spreader (Self-Propelled), Concrete Grinder, Asphalt Milling Machine, Boring Machine Operator (Horizontal) CLASS "D" OPERATORS: 06 Mg. popeat: Central Mixing Plant, Concrete Pump, Concrete Saw, Cur Machine (Automatic or Manuah, Dozer Moneates (Stockpile) Dell Pting, Mulcher or Seeder, Rock Dell (ruck Mounted, Roller (Asphald, Roller (Compaction Self-Propelled), Soll Stabilization Machine, Tractor (oom & Hoist, Ditumloooe ‘butor Machine, Pump, Track Drill, Striping Machine Operator, Ditch Paving Machine *Skilled Laborer - Pipelayer Classification For any work where prevailing wage rates apply which is locate fi ve feet or more outside the actual buikding if building construction is involved: AND (2) Bilt consists ofthe building, rebuilding, locating, reloenting or repairing any sret highway, bridges, Water lines, sewer lines, gos lines force mains or other related utiles, oR @) hich involves the construction or upgrading of industrial parks or sites and is located outside the five foot lnutation, SPEC - 52 :Sheet 3 of 3 ‘The classification of pipelayer shall be applicable and the description of work under this classifica folto shall be as Lays, connects, inspects and tests water lines, force mains, gas lines, sanitary or storm sewers and drains, underground telephone and electric ducts or other utilities manufactured from clay, concrete, tec, plastic, cast iron pipe or other similar materials. May smooth bottom of trench to proper clevation by scooping with a shovel; receives pipe lowered from top of trench; inserts spigot end of pipe into bell end of lst laid pipe; adjusts pipe to line and grades, ‘caulks and seals joint with cement or other sealing compound; may connect theeaded or flanged joint pipes may assemble and place corrugated metal or plastic pipe and performs other related duties, Poster Page + hitp:/www.statetn.us/abor-wfd/posters ht Note: Adobe Acrobat Reader is required in order to download & print. Ifyou donot have this software a link is provided at the bottom of the Poster Page for a free download. ‘Tenn.Dept. of Labor & Workforce Development (Labor Standards Di on) + (615) 741-2888, APPRENTICESUIP, Under T.C.A, §12-449, the Prevailing Wage Commission has promulgated Rale 0800-3-2-.04 which provides that: “Apprentices shall mean those persons registered individually under a bona fide apprenticeship program registered With the Bureau of Apprentiship and Training in the United States Department of Labor. The state agency contracting officer shall require the contractor or sub-contractor using the apprentice to submit evidence of his indenture and/or apprenticeship registration when the apprentice's name first appears on a submitting payroll.” AUTHORITY: T.C.A, §12-449. Administrative History: Original Role fled June 4, 1976. Effect July 14, 1976, SPEC - 53TITLE 23 - HIGHWAYS CHAPTER I - FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION SUBCHAPTER G - ENGINEERING AND TRAFFIC OPERATIONS PART 635 - CONSTRUCTION AND MAINTENANCE subpart a - CONTRACT PROCEDURES, 635.109 - Standardized changed condition clauses. (@) Except as provided in paragraph (b) of this section, the following changed conditions Contract clauses shall be made part of, and incorporated in, each highway construction project approved under 23 U.S.C. 106: (1) Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contractor if unknown physical conditions of an unusual nature, difering ly from those ordinarily encountered and generally recognized as inherent in the work Provided for in the contract, are encountered at the sit, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. Gi) Upon written notification, the engineer will investigate the conditions, and if itis determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding, anticipated profits, wll be made and the contract modified in writing accordingly. The engineer ‘will notify the contractor of the determination whether or not an adjustment of the contract is warranted. ii) No contract adjustment which results in a benefit to the contractor the contractor has provided the required written notice. be allowed unless Gv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work, (This provision may be omitted by the STD's at their option.) (2) Suspensions of work ordered by the engineer. (i) Ifthe performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contact time is due as a result of such suspension OF delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (i) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has SPEC - 54increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. Gv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work a are necessary to satisfactorily complete the project. Such changes in quantities.and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. i) Ifthe alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. Ifa basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (ii) Ifthe alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term significant change shall be construed to apply only to the following, circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item. of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. (b) The provisions of this section shall be governed by the following: (1) Where State statute does not permit one or more of the contract clauses included in paragraph (a) of this section, the State statute shall prevail and such clause or clauses need not be made applicable to Federal-aid highway contracts. (2) Where the State transportation department has developed and implemented one or more of the contract clauses included in paragraph (a) of this section, such clause or clauses, as SPEC - 55developed by the State transportation department may be included in Federal-aid highway contracts in liew of the corresponding clause or clauses in paragraph (a) of this section. The State's action must be pursuant to a specific State statute requiring differing contract conditions Clauses. Such State developed clause or clauses, however, must be in conformance with 23 U:S.C,, 23 CFR and other applicable Federal statutes and regulations as appropriate and shall be subject to the Division Administrator's approval as part of the PS&E. (©) In the case of a design-build project, STDs are strongly encouraged to use suspensions of work ordered by the engineer clauses, and may consider differing site condition clauses and Significant changes in the character of work clauses which are appropriate for the risk and responsibilities that are shared with the design-builder. [56 FR 37004, Aug. 2, 1991; 57 FR 10062, Mar. 23, 1992, as amended at 67 FR 75925, Dec. 10, 2002] SPEC - 56Title 23: Highways 11.635. CONSTRUCTION ANI ‘Subpart A—Coniract Procedures Browse Previous | Browse Next $635.16 Subcontracting and contractor responsibilities. {@) Contracts for projects shall specify the minimum percentage of work that a contractor must perform with its own ‘organization. This percentage shall be not less than 30 percent of the total orignal contract prige excluding any Identied speciaity items. Specially items may be performed by subcontract and the amount of any such speciatty items 50 performed may be deducted trom the total original contract before computing the amount of work required to be performed by the contractor's own organization. The contract amount upon which the above requirement is ‘computed includes the cost of materials and manufactured products which are to be purchased or produced by the ‘contractor under the contract provisions. (©) The STD shall not permit any ofthe contract work to be performed under a subcontract, unless such arrangement hhas been authorized by the STD in writing. Prior to authorizing a subcontract, the STD shall assure that each Subcontract is evidenced in wring and that i contains all prinent provisions and requirements ofthe prime contract. ‘The Division Administrator may permit the STD to satisfy the subcontract assurance requirements by concurrence in {8 STD process which requires the contractor to cetfy that each subcontract arrangement willbe inthe form of & ‘written agreement containing all the requirements and pertinent provisions ofthe primo contract. Prior to the Division ‘Administrator's concurrence, the STO must demonstrate that it has an acceptable plan for monitoring such certifications. (0) To assure that all work (including subcontract work) is performed in accordance wih the contract requirements, ‘the contractor shall be required to furnish: (1) A competent superintendent or supervisor who Is employed by the tm, has full authoriy to direct performance of {he work in accordance withthe contract requirements, and s in charge of all contruction operations (regardless of ‘Who performs the work), and; {@) Such other of ts ow organizational resources (supervision, management, and engineering services) as the STO Contracting officer determines are necessary to assure the performance of the contract (@) inthe case ofa design-build project, the folowing requirements apply: (1) The provisions of paragraph (a) of this section are not applicable to design-build contracts; (@) At their discretion, the STDs may establish a minimum percontage of work that must be done by the design- builder. For the purpose of this section, the term design-bullder may include any firs that are equily participants in the design-bulider, ther sister and parent companies, and thelr wholly owned subsidiaries; (8) No procedure, requirement or preference shall be imposed which prescribes minimum subcontracting ‘equirements or goals (other than those necessary to meet the Disadvantaged Business Enterprise program requirements of 49 CFR part 26). [56 FA 37004, Aug. 2, 1991, as amended at 67 FR 75925, Dec. 10, 2002} SPEC - 57 .§ 635.117 Labor and employment. (2) No construction work shall be performed by convict labor at the work site or within the limits of any Federal- aid highway construction project from the time of award Of the contract or the start of work on force account unti final acceptance of the work by the STD unless it Is labor performed by convicts who are on parole, supervised release. or probation, (b) No procedures or requirement shall be imposed by any State which will Operate to discriminate against the employment of labor from any other Stato, Possession or territory of the United States, in the construction of a Federal-aid project (c) The selection of labor to be employed by the contractor on any Federal-aid Project shall be by the contractor without regard to race, color, religion, sex, national origin, age, or handicap and in accordance with 23 CFR part 230, 41 CFR part 60 and Exec, Order No. 11246 (Sept. 24, 1965), 3 CFR 339 (1964-1965), as amended. (a) Pursuant to 23 U.S.C. 140(d), it Is permissible for STD's to implement Procedures of requirements which will extend preferential employment to Indians living on oF near a reservation on eligible projects as defined in paragraph (e) of this section, Indian preference shall be applied without regard to tribal affliation or place of enrollment. In no instance should a contractor be compelied to layoff or terminate a permanent core-crew employee to meet a preference goal. (6) Projects eligible for indian employment preference consideration are projects .[Ocated on roads within or providing access to an Indian reservation or other Indian lands as defined under the term “Indian Reservation Roads” in 23 U.S.C. 101 and regulations issued thereunder. The terminus of a road “providing access to” is that point at Which it intersects with a toad functionally classified as a collector or higher Classification (outside the reservation boundary) in both urban and rural areas, In the case of an Interstate highway, the terminus is the first interchange outside. the reservation, (9 The advertisement or call for bids on any contract for the construction of a Project located on the Federal-aid system either shall include the minimum wage rates determined by the Secretary of Labor to be prevailing on the same type of work on similar construction in the immediate locality or shall provide that such rates are set out in the bidding documents and shall further specify that such rates are a part of the contract covering the project. SPEC - 58§ 635.125 Termination of contract, (@) All contracts exceeding $10,000 shall contain suitable provisions for termination by the State, including the manner by which the termination will be effected and the basis for settlement, In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor, (b) The STD prior to termination of a Federal-aid contract shall consult with and receive the concurrence of the Division Administrator. The extent of Federal-aid participation in contract. termination costs, including final settlement, will depend upon the merits of the individual case. However, under no circumstances shall Federal funds participate in anticipated profit on work not performed, (©) Except as provided for in paragraph (e) of this section, normal Federal-aid plans, specifications, and estimates, advertising, and award procedures are to be followed when a STD awards the contract for completion of a terminated Federal-aid contract. (@) When a STD awards the contract for completion of a Federal-aid contract previously terminated for default, the construction amount eligible for Federal participation on the project should not exceed whichever amount is the lesser, either: (1) The amount representing the payments made under the original contract plus payments made under the new contraet; or (2) The amount representing what the cost would have been if the construction had been completed as contemplated by the plans and specifications under the original contract. (©) If the surety awards a contract for completion of a defaulted Federal-aid contract or completes it by some other acceptable means, the FHWA will consider the terms of the original Contract to be in effect and that the work will be completed in accordance with the approved plans and specifications included therein. No further FHWA approval or concurrence action will therefore be needed in connection with any defaulted Federal-aid contract awarded by a surety. Under this procedure, the construction amount eligible for Federal participation on the project should not exceed the amount representing what the cost would have been if the construction had been completed as contemplated by the plans and specifications under the original contract. SPEC - 59 :§ 635.127 Agreement provisions regarding overruns in contract time, (2) Each State transportation department (STD) shall establish specific liquidated damages rates applicable to projects in that State. The rates may be project-specific or may be in the form of a table or schedule developed for a range of project costs and/or project types. These rates shall, as a minimum, be established to cover the estimated average daily construction engineering (CE) costs associated with the type of work encountered on the project. The amounts shall be assessed by means of deductions, for each calendar day or workday overrun in contract time, from payments otherwise due to the contractor for performance in accordance with the contract terms. (b) The rates established shall be subject to FHWA approval either on a project-by- Project basis, in the case of project-specific rates, or on a periodic basis after initial approval where a rate table or schedule is used. In the latter case, the STD shall periodically review its cost data to ascertain if the rate table/schedule closely approximates, at a minimum, the actual average daily CE costs associated with the type and size of the projects in the State. Where rate schedules or other means are already included in the STD specifications or standard special provisions, verification by the STD that the amounts are adequate shall be submitted to the FHWA for review and approval. After initial approval by the FHWA of the rates, the STD shall review the rates at least every 2 years and provide updated rates, when necessary, for FHWA. approval. If updated rates are not warranted, justification of this fact is to be sent to the FHWA. for review and acceptance. (© The STD may, with FHWA concurrence, include additional amounts as liquidated damages. in each contract to cover other anticipated costs of project related delays ot inconveniences to the STD or the public. Costs resulting from winter shutdowns, retaining detours for an extended time, SPEC - 60 :a. {818.42 Retontion and access requirements for records, Applicability, 1+ This secon apps toa nancial and programmatic records, suporing documents Statista records, and other records of grantees or sugranees whee eae i. Required to be maintained by the terms of this art, program regulations or the rant agreement or 1. Othorwis reasonably cnsiered as pertinent to program regulations othe ant agreement 2 This secon does nt apply torecons maintained by contactor or subcontractor, For @ {eatirement to place a provision conceming records in certain kinds of conttsets coe §18.36(9(10). . Length of retention period. 1+ Except a8 olnerwise provided, records mus be retained for three years from the starting ‘date specified in paragraph (c) ofthis section, 2 If any Filgation, caim, negotiation, auctor other action involving the records has been Storied before the exniraton ofthe 3-year period, the records must be roloined arth ‘completion ofthe action and resolution of ail sues which arse from tor until the end of the regular 3-yoar period, whichever i later. 3. To avold duplicate recordkeeping, awarding agencies may make special arrangements With grantees and subgrantees to retain any records which are continuously nesded for Joint use. The awarding agency wil request transfer of records to is custody when it determines thet the records possess long-term retenlion value. When the recente ero \vansferred to or maintained by the Federal agency, the 3-year retention requirement is ‘ot applicable tothe grantee or subgrantee, © Starting date of retention period — 4.” General. When grant suppor is continued or renewed at annual or other intervals, the ‘tention period for the records of each funding period starts on the day the grantee Or ‘subgrantee submits to the awarding agency its singlo or last expenditure report for that Period. However, if grant support is continued or renewed quarterly, the retention period {or each years records starts on the day the grantee submis its expenditure report for {he last quarter of the Federal fiscal year. In all othor oases, the retention percod starts on the day the grantee subrnits its nal expenditure report. fan expenditure Feport has been alved, the retention period starts on the day the raport would have been duo, 2. Real property and equipment records. The retention period for resl property and equipment records starts from the date ofthe dleposiion or replacement or transfor at the direction of the awarding ageney. 3. Records for income transactions after grant or subgrant suppor. In some cases grantees "must report income affer the perlod of grant suppor. Where there is such a requiement, {he retention period forthe records pertaining to the earring of the income starts from the fend ofthe grantee's fiscal year in which the income is earned, ‘4. Indirect cost rate proposals, cost allocations plans, etc. This paragreph applies to the {allowing types of documents, and their supporting records: indirect cost rate ‘computations or proposals, cost allocation plans, and any similar acoounting computations of the rate at which a particular group of costs is chargeable (euch as ‘Computer usage chargeback rates or composite fringe benefit rates), Lt submitted for negotiation. Ifthe proposal, plan, or other computalion is required tobe submited to the Federal Government (or to the grantee) to form the basis {or negotiation of the rate, then the 3-yoar retention period for its supporting, ‘records stats from the date of such submission. |i. Mfnot submited for negotiation. If the proposal, plan, or other computation is not ‘equired to be submited to the Federal Government (orto the grantee) for ‘egatiation purposes, then the 3-year retention period forthe proposal plan, or ‘computation and is supporting records starts from theend ofthe fiscal year (or ‘other accounting period) covered by the proposal, plan or ther computation, 44. Substitution of microfiim. Copies made by microfilming, photocopying, or similar methods may be ‘substituted forthe original records. @. Access to reconts = 1. Records of grantees and subgrantees. The awarding agency and the Comptroller Goneral ofthe United States, or any of thelr authorized representatives, shall have the "ight of access to any pertinent books, documents, papers, or other records of grantees SPEC - 61sreubaranioes whic are petnent othe grant inorder to make au, examinations, excerpts, and transcripts. 2 Raion of right of accoss. The right of acca inthis section must nt be ited tothe Mpls on puble access. The Federal Freedom ef hlomaton sae Cae 552) doos not Spply to records unless required by Federal, St ‘not required to permit pubic access to thei recorde, §18.36 Procurement. ‘Contec provisions, A grantees and subgranioe's contracts must contan| Provisions in paragraph Rranene*cie. Federal agencies ae pemited a require changes erncoee ‘changed Gio or Peneeees Ne records retention, suspension of work and her eae ‘approved by the Oca of Federal Procurement Policy. 1 feambstrave, contactor legal remedies in instances whore contactors volte or Seon gett terms, and provide or such sanctone ane penaiiee eee be ‘prprite. (Contracts more than th simplited acculilon threshols) 2 Termination for cause and tor convenionce by the grantee or sass on including the Ot 3 10,000) NC" kWilbe elected and the bass for satlement. (AI cortcte re og ‘of $10,000) S. Gomplance wit Executive Onder 11246 of September 24, 1965, enlied "Equal expoyment Oppertuniy.” as amended by Executive Order 137s ol ony 1967, Sonat vate omented in Department of Labor regulations (41 GFR choptsr eo) vat Subprantecay Zan® awarded in excess of $10,000 by grants and fol cont clrs or subgrantees) * Gomnlance wih the Copeland "Anl-Kickhack” Act (18 U.S.C. 874) as supplemented in conaient of Labor regulations (29 CFR par 3} (All contacts ondease nese ‘construction or repair) 5 Gemlance wt the Davis-Bacon Act (40 U.S.C. 276a to 2762-7) as eupplemented by Sohonment ol Labor requltons (29 CFR part). (Consructon contece tee} 22100 evaded by grantees and subgrantees wien reaued by Federer rogram legislation) 5 Compliance with Sections 103 and 107 of the Contr Act (40 U.S.C. 327-330); & Repeat caring agency requremanis and reulaSonspetaning to pened eos wth incor ave, “scovery oF Invention which arises aris developed i the couree rot under such contract, & arpa agency requkements and reguctons pertaining to copyighs and rights in 10: Aeoans bythe grant, the subgrantee, the Fedora granfor agency, the Comptoir Boor ote Units Sates, or any of thei duly authorized roprecénatves oorms orks, documents, papers, and records ofthe contractor which are ests reeset to that specific contrac for the purpose of making audit oxarn transcriptions. "1. Retention of allraquirad records fr tree years after granees or subgrentees make final Payments and ail other pending matters are closed, 1 Sombtance with all applicable standards, orders, or requirements issuod under section Uso. maeglean Al Act (42 U.S.C. 1887;n)), secon 608 ofthe Glean Watar het os 78. Mondalar standerds and poss relating to energy efficiency which are conlained Inthe SPEC - 62§18.26 Non-Foderal audits, covering nancial audits. - Subgrantags. Sate or local governments, as those terms are defined for purposes ofthe Sing SuEit Ack Amendments of 1896, that provide Federal awards 1o a subgranio, which expense '5200.000 or more (or cther amount as spectied by OMB) in Federal awarde ina fiscal year shal: 1. Determine whether State or local subgrantoas have met the auct requirements of the et and whether subgrantees covered by OMB Circular A-110, “Uniform Administrative, Requirements for Grants and Agreements with intituions of Higher Education, Hospitals, and Other Non-Profit Organizations," have met the audit requirements of the ‘Act. Commercial contractors (private for-profit and private and governmental, organizations) providing goods and services to State and local govemments are not ‘required fo have a single audit performed. State and local governments should use their own procedures to ensure thatthe contractor has complied with law and regulations affecting the expenditure of Federal funds, 2. Determine whether the subgrantee spent Federal assistance funds provided in ‘accordance with applicable laws and regulations. Thie may be accomplished by rviowing an audi of the subgrantee made in accordance with the Act. Circular A110, or {hrough other means (e.g. program reviews) ifthe subgrantae hae not had sur an seats ‘8. Ensure that appropriate corrective action is taken within six months after receipt ofthe ‘auc report in instance of noncompliance with Federal laws and regulations; 4. Consider whether subgrantee audits necesstate adjustment ofthe grantee's own records; and 5. Require each subgranteo to permit independent auditors to have access to the records and financial statements. ‘© Auditor selection. In arranging for audt services, §18.36 shall be followed. SPEC - 63RUS Bulletin 1780-13, Attachment 9 GENERAL CONDITIONS 4, Definitions 17. Subsurface Conditions 2, Additional Instructions and Detail 18. Suspension of Work, Drawings Termination, and Delay 3. Schedules, Reports, and Records 19. Payments to Contractor 4. Drawings and Specifications. 20. Acceptance of Final Payment as Release 5. Shop Drawings 21. Insurance 6. Materials, Services, and Facilities 22. Contract Security 7. Inspection and Testing 23. Assignments 8. Substitutions 24. Indemnification 9. Patents 25. Separate Contracts 10. Surveys, Permits, Regulations 26. Subcontracting 11. Protection of Work, Property, Persons 27. _ Engineer's Authority 12. Supervision by Contractor 28. Land and Rights-of- Way 13. Changes in the Work 29. Guaranty 14. Changes in Contract Price 30. Arbitration 15. Time for Completion and Liquidated 31. Taxes Damages 16. Correction of Work 32. Environmental Requirements 1. DEFINITIONS 1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof: 4.2. ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications, or corrections. 1.3. BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed. 1.4 BIDDER - Any person, firm, or corporation submitting a BID for the WORK. 1.5 BONDS - Bid, Performance, and Payment Bonds and other instruments of surety, furnished by the CONTRACTOR and the CONTRACTOR'S surety in accordance with the CONTRACT DOCUMENTS. 1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. Gc-1RUS Bulletin 1780-13 5 Attachment 9 Page 2 1.7 CONTRACT DOCUMENTS - The contract, including Advertisement For BIDS, Information For BIDDERS, BID, BID BOND, Agreement, Payment BOND, Performance BOND, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA, 1.8 CONTRACT PRICE - The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS. 1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK. 1.10 CONTRACTOR - The person, firm, or corporation with whom the OWNER has executed the Agreement, 1.11 DRAWINGS - The parts of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER, 1.12 ENGINEER - The person, firm, or corporation named as such in the CONTRACT DOCUMENTS. 1.13 FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction. 1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful BIDDER. 1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him/her to proceed with the WORK and establishing the date for commencement of the WORK. 1.16 OWNER - A public or quasi-public body or authority, corporation, association, partnership, or an individual for whom the WORK is to be performed. 1.17 PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS. 1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof. 1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, ‘SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed. 1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship. Gc-2RUS Bulletin 1780-13 Attachment 9 Page 3 1.21 SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site. 4.22 SUBSTANTIAL COMPLETION - That date certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended. 1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws. 1.24 SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site. 4.25 WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the PROJECT. 1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this ‘Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at their last given address, or delivered in person to said party or their authorized representative on the WORK. 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS. 22 The additional drawings and instructions thus supplied will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions. 3. SCHEDULES, REPORTS AND RECORDS 3.1. The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed. 3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress schedules showing the order in which the CONTRACTOR proposes to carry on the WORK, including dates at which the various parts of the WORK will be started, estimated date of completion of each part and, as applicable: 3.2.1 The dates at which special detail drawings will be required; and ec-3RUS Bulletin 1780-13 Attachment 9 Page 4 3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3.3 The CONTRACTOR shall also submit a schedule of payments that the CONTRACTOR anticipates will be earned during the course of the WORK. 4. DRAWINGS AND SPECIFICATIONS 4.1. The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER, 4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern over general DRAWINGS. 4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site Conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct. such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after discovery of Such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk. 5. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the Prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER. 5.2 When submitted for the ENGINEER's review, SHOP DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. 5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER 6. MATERIALS, SERVICES AND FACILITIES ec-4RUS Bulletin 1780-13 Attachment 9 Page 5 6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time. 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection, 6.3. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 6.4 Materials, supplies, and equipment shall be in accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER. 6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 7. INSPECTION AND TESTING 7.4. All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. 7.2. The OWNER shall provide all inspection and testing services not required by the CONTRACT DOCUMENTS. 7.3. The CONTRACTOR shall provide at the CONTRACTOR'S expense the testing and inspection services required by the CONTRACT DOCUMENTS. 7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval. 7.5 Inspections, tests, or approvals by the engineer or others shall not relieve the CONTRACTOR from the obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS. 7.6 The ENGINEER and the ENGINEER'S representatives will at all imes have access to the WORK. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection or testing thereof. Gc-5RUS Bulletin 1780-13 Attachment 9 Page 6 7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for the ENGINEER'S observation and replaced at the CONTRACTOR'S expense. 7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued. 8. SUBSTITUTIONS 8.1_ Whenever a material, article, or piece of equipment is identified on the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJECT will result. Incidental changes or extra component parts required to accommodate the substitute will be ‘made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME. 9. PATENTS 9.1 The CONTRACTOR shall pay all applicable royalties and license fees, and shall defend all Suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular process, design, or product of a particular manufacturer or manufacturers is specified, however, if the CONTRACTOR has reason to believe that the design, process or product Specified is an infringement of a patent, the CONTRACTOR shall be responsible for such loss unless the CONTRACTOR promptly gives such information to the ENGINEER, Gc-6RUS Bulletin 1780-13 Attachment 9 Page 7 10. SURVEYS, PERMITS, REGULATIONS 10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. 10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. 10.3 Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, the CONTRACTOR shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK. 11. PROTECTION OF WORK, PROPERTY, AND PERSONS 11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR will take all necessary precautions for the safety of, will provide the necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees ‘on the WORK and other persons who may be affected thereby, all the WORK and all materials of equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction 11.2. The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. The CONTRACTOR will notify owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly of indirectly employed by any of them or anyone directly or indirectly employed by any of them or anyone of whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER, of the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. oc-7RUS Bulletin 1780-13 Attachment 9 Page 8 11.3. In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions or authorization from the ENGINEER or OWNER, shall act to prevent threatened damage, injury or loss. The CONTRACTOR will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved, 12. SUPERVISION BY CONTRACTOR 12.1. The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK. 143. CHANGES IN THE WORK 13.1. The OWNER may at any time, as the need arises, order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER. 13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles the CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which event the CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER. 14. CHANGES IN CONTRACT PRICE, 14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or more of the following methods in the order of precedence listed below: a. Unit prices previously approved. b. An agreed lump sum, Gc-8RUS Bulletin 1780-13, Attachment 9 Page 9 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1. The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date ‘specified in the NOTICE TO PROCEED. 15.2. The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. 15.3. If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages in the amount of $400.00 per day as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. 15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or ENGINEER. 15.4.1 To any preference, priority or allocation order duly issued by the OWNER. 15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2 of this article. 16. CORRECTION OF WORK 16.1. The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and reexecute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER: and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement 16.2_ All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR. Gc-9RUS Bulletin 1780-13 Attachment 9 Page 10 17. SUBSURFACE CONDITIONS 17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the OWNER by WRITTEN NOTICE of: 17.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT DOCUMENTS; or 17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT DOCUMENTS. 17.2 The OWNER shall promptly investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR for adjustment hereunder shall not be allowed unless the required WRITTEN NOTICE has been given; provided that the OWNER may, if the OWNER determines the facts So justify, consider and adjust any such claims asserted before the date of final payment. 18. SUSPENSION OF WORK, TERMINATION, AND DELAY 18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE, to the CONTRACTOR and the ENGINEER which shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any suspension. 18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or repeatedly fails to make prompt payments to SUBCONTRACTORS or for labor, materials or equipment or disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the WORK or disregards the authority of the ENGINEER, or otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER. may, without prejudice to any other right or temedy and after giving the CONTRACTOR and its surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take Possession of the PROJECT and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional professional services, such excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE ORDER. Gc -10RUS Bulletin 1780-13 Attachment 9 Page 11 18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. 18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the CONTRACT. In such case the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit. 185 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER falls to act on any request for payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expenses sustained. In addition and in lieu of terminating the CONTRACT, if the ENGINEER has failed to act on a request for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days written notice to the OWNER and the ENGINEER stop the WORK until paid all amounts then due, in which event and upon resumption of the WORK CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK 18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within the time specified in the CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER Gc-itRUS Bulletin 1780-13 Attachment 9 Page 12 19. PAYMENT TO CONTRACTOR 19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER'S title to the material and equipment and protect the OWNER'S interest therein, including applicable insurance. The ENGINEER will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing approval of payment, and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER will, within sixty (60) days of presentation of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate less the retainage. The retainage shall be an amount equal to 10% of said estimate. If at any time thereafter when the progress of the WORK is not satisfactory, additional amounts may be retained. Upon substantial completion of the work, any amount retained may be'paid to the CONTRACTOR. When the WORK has been substantially completed except for WORK which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgment of the OWNER are valid reasons for noncompletion, the OWNER may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the WORK still fo be completed. 19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the ENGINEER and with the concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the WORK. Such use shalll not constitute an acceptance of such portions of the WORK. 19.4 The OWNER shail have the right to enter the premises for the purpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNER. 19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within sixty (60) days of completion and acceptance of the WORK. ec-12RUS Bulletin 1780-13 Attachment 9 Page 13 19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demand of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, the CONTRACTOR'S Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. 19.7 If the OWNER fails to make payment sixty (60) days after approval by the ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR. 20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE 20.1. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the CONTRACT DOCUMENTS or the Performance and Payment BONDS. 21. INSURANCE 21.1. The CONTRACTOR shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of, or result from, the CONTRACTOR'S execution of the WORK, whether such execution be by the CONTRACTOR, any SUBCONTRACTOR, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 21.1.1. Claims under workmen's compensation, disability benefit and other similar employee benefit acts; 21.1.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of employees; 21.4.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than employees; oc -13,RUS Bulletin 1780-13 Attachment 9 Page 14 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the ‘employment of such person by the CONTRACTOR, or (2) by any other person; and 21.1. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen (15) days prior WRITTEN NOTICE has been given to the OWNER. 21.3 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during the CONTRACT TIME, Liability insurance as hereinafter specified: 21.3.1. CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting the CONTRACTOR from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, “whether such operations be by the CONTRACTOR or by any SUBCONTRACTOR employed by the CONTRACTOR or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR employed by the CONTRACTOR. Insurance shall be written with a limit of liability of not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $300,000 for all property damage sustained by any ‘one person in any one accident; and a limit of liability of not less than $300,000 aggregate for any such damage sustained by two or more persons in any one accident. 21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof for the benefit of the OWNER, the CONTRACTOR, and SUBCONTRACTORS as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT. 21.4 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the WORK is performed, Workmen's Compensation Insurance, including occupational disease Provisions, for all of the CONTRACTOR'S employees at the site of the PROJECT and in case any WORK is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at the site of the PROJECT is not protected under Workmen's Compensation statue, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of its employees not otherwise protected. ec-14RUS Bulletin 1780-13 Attachment 9 Page 15 21.5 The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk Insurance for WORK to be performed. Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy shall name as the insured the CONTRACTOR, and the OWNER. 22. CONTRACT SECURITY 22.1. The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF ‘AWARD furnish the OWNER with a Performance BOND and a Payment BOND in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the state in which the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570, The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. 23. ASSIGNMENTS: 23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or of any right, title or interest therein, or any obligations thereunder, without written consent of the other party. 24, INDEMNIFICATION 24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or wiliful act or omission of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. GC-15RUS Bulletin 1780-13 Attachment 9 Page 16 24.2 In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employee of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts or other employee benefits acts. 24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, its agents or employees arising out of the preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS. 25, SEPARATE CONTRACTS 26.1 The OWNER reserves the right to let other contracts in connection with this PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable opportunity for the introduction and storage of their materials and the execution of their WORK, and shall properly connect and coordinate the WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution and results. 26.2 The OWNER may perform additional WORK related to the PROJECT or the OWNER may let other contracts containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such Contracts (or the OWNER, if the OWNER is performing the additional WORK) reasonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate the WORK with theirs, 25.3 If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the OWNER or others involves it in additional expense or entitles it to an extension of the CONTRACT TIME, the CONTRACTOR may make a claim thereof as provided in Sections 14 and 15, 26. SUBCONTRACTING 26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTS on those parts of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS. 26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s), in excess of fifty (50%) percent of the CONTRACT PRICE, without prior written approval of the OWNER. 26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions Of its SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as. the CONTRACTOR is for the acts and omissions of persons directly employed by the CONTRACTOR Gc-16