RTA_Construction_Terms_and_Conditions.docx

Construction Terms and Conditions The following Terms and Conditions are hereby incorporated into and made a part of the Contract, except as they may be modified by the terms of the Contract, or any Special Conditions included herein.

Bid Guaranty Bonds are required for all construction or facility improvement contracts and subcontracts. Pursuant to Section 153.54 et seq. of the Ohio Revised Code, bidders shall submit a bid guaranty in the form of either:

1) A bond for the full amount of the bid conditioned that if the bid is accepted, the bidder after the awarding or the recommendation for awarding the contract, will enter a proper contract based upon the bid; or

2) A certified check, cashier's check, or letter of credit pursuant to Chapter 1305, Ohio Revised Code, in the amount of ten percent of the base bid amount. If a ten percent guaranty is submitted, provided that the bid is accepted, the bidder will, after the awarding or recommendation for awarding the contract, enter a proper contract and indemnify the RTA against all damages suffered by failure to perform the contract by supplying a performance bond in accordance with Section 153.54(2) et. seq. of the Ohio Revised Code for the full amount of the contract.

Performance Bond The successful bidder shall furnish, at its own expense, a performance bond for 100 percent of the contract price no more than (5) days after notification of award, as a guarantee of good faith on behalf of the contractor that the terms of the specifications will be complied with. The performance bond shall, on its face, reference the date(s) of the contract period and the material, equipment or service covered by the contract. This bond shall be guaranteed by a surety company licensed to do business in the State of Ohio. The performance bond shall be conditioned on the complete performance of the contract, in accordance with the Ohio Revised Code Section 306.43. The RTA will not agree to release the surety on a performance bond until at least sixty (60) days after the acceptance of the project, to be provided under the contract, and the RTA reserves the right to require the surety to remain bound thereafter to the extent that the RTA may reasonably deem it necessary to do so to protect itself from the possibility of defective goods and/or services.

Release of Liens The lien laws of the State of Ohio shall govern all work and materials. The Contractor shall furnish the Owner with each estimate for payment and before final payment is made, a full Release of Lien signed by all Subcontractors and Materialmen associated in any way with the work. If any Subcontractor refuses to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to Owner to indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all the monies that the later may have been compelled to pay in discharging such lien, including all costs and a reasonable Attorney's fee.

General Safety Rules Violation of, or noncompliance with, of any of these work safety rules and/or any other safety work rules may be cause for immediate termination of any contractor.

1) Accidents or injuries shall be reported to the supervisor for immediate attention.

2) Hard hats shall be always worn while on the construction site.

3) Excavations and trenches:

a) Inspection of the excavation or trench, adjacent areas, and protective systems must be made by a competent person daily or as required by changing conditions before employees are permitted to enter the excavation or trench.

b) No employee is to enter a trench that is five feet or more in-depth unless it is in stable rock or is protected by one of the following means: sloped (laid back), shored, sheeted, boxed, or by an engineered system designed to prevent a cave-in.

c) Covered, secured and clearly marked as “floor opening”, or

d) An access/egress ladder will be placed in all trenches 4 or more feet in depth and shall not be more than 25 feet from those employees working in the trench.

4) Fall protection is required when:

a) The walking-on or working surface is six (6) feet or more above the next lower level.

b) Working above any hazardous equipment or machinery regardless of height.

5) Floor openings shall be protected by a standard guardrail system.

6) Confined space entry is prohibited without the permission of your supervisor.

7) Tools shall be operated by authorized personnel, with guards furnished by the manufacturer in place.

a) Electric powered tools: shall be plugged into a circuit that is positively grounded or is protected by a ground fault circuit interrupter. Tools and cords are to be inspected for damage prior to use.

b) Hand tools: shall not be used for any other purpose than that intended, and all damaged and worn parts are to be promptly repaired and/or replaced.

c) Power actuated tools: shall be used by qualified personnel who have been instructed and trained in their safe use.

8) Good housekeeping shall be practiced on all projects. Walkways, stairways and ladder accesses shall be kept clear of debris and rubbish.

9) Nails shall be turned down or removed from lumber.

10) Safety glasses, goggles or face shields shall be worn on grinding, chipping, welding, or other operations where eye injuries may result.

11) Hearing protection shall be worn when exposed to noise hazards.

12) Shoes shall be first grade, hard soles, and ankle high.

13) Gloves shall be worn by those handling debris, old lumber, and rough or sharp-edged material.

14) Clothing shall be appropriate to the duties being performed. Cuffed trousers, torn or loose clothing is not recommended. Shorts or cutoffs, tennis shoes and working without a shirt are prohibited.

15) Access ladders shall have side rails extending three feet above the landing area and shall be securely fastened. The ladder feet shall be placed on a substantial base. The area around the top and bottom of the ladder shall be kept clear of debris and materials.

16) Taglines shall be used when raising or hoisting material or equipment.

17) Fighting, horseplay or practical jokes shall not be permitted on the job.

18) Intoxicating beverages and drug possession or use, before or during working hours are strictly forbidden.

19) Compressed gas cylinders must be stored upright, secured, capped and separated.

20) Hazardous materials: information on specific hazardous materials used on this project is available upon request. Material safety data sheets shall be in the job site offices or a designated location.

21) Asbestos removal is forbidden. If asbestos is encountered or is suspected, notify your supervisor immediately.

22) Hoisting personnel on heavy equipment by unapproved methods is prohibited. Riding on a crane hook/ball or on a load will result in the dismissal of the rider and the operator.

23) Report any violations of the safety rules to your immediate supervisor for correction, including any hazards not specifically listed herein.

24) All posted safety rules shall be obeyed and shall not be removed except by management’s authorization.

Contractor's Superintendent The Contractor shall keep the same competent superintendent and any necessary assistants on the work during its progress. All shall be satisfactory to the Project Manager.

Superintendent shall have previous experience in this type of work and shall maintain progress schedule and be authorized to make field decisions in the absence of the Contractor. They shall not be required to perform work not related to administering, expediting or coordinating the work under this Contract.

The Contractor shall attend to every part of the work personally, or through his competent foremen, who shall be constantly on the work, lay it out and give all necessary lines, levels, patterns and dimensions according to the accompanying drawings and these Specifications, and shall verify that Drawings and Specifications are observed by all subcontractors and employees.

They shall inspect all materials when delivered and see that they are properly stored and protected from damage until used and must keep himself familiar with the working drawings, scale and full-size details and Specifications concerning all parts of the work and must report to the Project Manager for correction of apparent errors, either in the drawings or Specifications, as soon as discovered.

The Contractor shall provide a Project Manager during the entire duration of the delivery, installation and field testing of the above-named project.

The Contractor shall comply in every respect with the latest edition of the Ohio Building Code and the Code’s subsequent approved amendments. The Contractor shall be solely responsible for any damage, injury or delay caused to the Owner, or others, through any failure or negligence to observe said laws or regulations. The Contractor shall also give all required notices to the proper authorities (including those for traffic obstruction), obtain all official inspections, permits, and licenses made necessary by the work and shall comply with all laws, ordinances, rules, and regulations pertaining thereto.

Certified Payrolls and Wage Determination The Contractor shall provide RTA with contractor and subcontractor certified copies of each weekly payroll within seven (7) days after the regular payroll date. Following a review by the Owner for compliance with state and federal labor laws, the payroll copy shall be retained for later review by FTA.

A contractor may use the Department of Labor Form WH 347, "Optional Payroll Form", which provides all the necessary payroll information and certifications. This Department of Labor form may be purchased at a nominal cost from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

Mechanics and laborers are required to be paid on the basis of a standard 8-hour workday and a 40-hour work week. Any work more than eight (8) hours a day or 40 hours a week must be compensated at a rate of no less than 1 1/2 times the worker's base rate.

Prevailing Wages shall be paid in accordance with the Federal Wage Decision and the Ohio Department of Industrial Relations Wage Determination Schedule(s) effective during the period of the Contract and as provided for in Sections 4115.02 through 4115.16 of the Ohio Revised Code. The higher rate per classification will be used. Each Contractor must submit an affidavit that Prevailing Wages have been paid prior to receipt of final payment.

The Contractor will pay all laborers and mechanics employed on the project at least once a week and at a rate not less than the minimum wage specified in a wage determination formally issued by the Secretary of Labor. A copy of this determination is included in this solicitation, and the award of the contract is to be conditioned upon the Contractor accepting the terms of this wage determination schedule.

The Contractor must comply with the Copeland Anti-Kickback Act, which prohibits the Contractor from inducing any persons employed on the project to give up any portion of their pay.

Security Measures All contractors are required to display an identification badge supplied by RTA while on RTA premises. Badges must be worn where they can be seen. This requirement applies to every employee of all contractors and/or subcontractors. All contractors’ employees are also required to wear clothing which identifies the company for which they work (i.e., uniform, hard hat, jacket, etc.). Badges must be obtained from the Project Manager and must be returned upon completion of the project. A fee will be charged for any badges that are lost or not returned and will be deducted from the final project invoice.

Occupancy during the Work The building scheduled for improvements will be used during the work of this contract. However, the contractor will have the ability to cordon off and control access to his or her work areas based on safety and security requirements. The contractor shall develop its site access plan and present it to the RTA Project Manager for final approval.

Site Access Access will be restricted to those areas designated by the Owner. Protection must be provided to ensure damage does not occur. If Contractor operations result in any damage, damages shall be repaired within 24 hours at no additional cost to the RTA. Limited parking will be made available for the contractor’s employees.

Project Signs No project signs will be allowed on the project other than a project sign provided by the Owner.

Differing Site Conditions The contractor shall promptly, and before the conditions are disturbed, give a written notice to the project manager of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

The project manager shall investigate the site conditions promptly after receiving notice. If the conditions do materially differ and cause an increase or decrease in the contractor's cost of, or the time required for, performing any part of the work under this contract, whether changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

No request by the contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the contractor has given written notice required; provided that the time prescribed in (a) above for giving written notice may be extended by the owner.

No request by the contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

Site Investigation and Conditions Affecting the Work The contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its costs, including but not limited to (1) conditions bearing upon transportation, disposal handling, and storage of materials; (2) the availability of labor, water, electric power and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the grounds; and (5) the character of equipment and facilities needed preliminary to and during work performance. The contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the RTA, as well as from the drawings and specifications made a part of this contract. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the RTA.

The RTA assumes no responsibility for any conclusions or interpretations made by the contractor based on the information made available by the RTA. Nor does the RTA assume responsibility for any understanding reached or representation made concerning conditions, which can affect the work by any of its officers or agents before the execution of the contract unless the understanding or representation is expressly stated in the contract.

If the Contract Document, law, ordinances, rules, regulations, or directives of the RTA or any public authority having jurisdiction require any work to be specifically inspected, tested or approved by someone other than the Contractor, the Contractor will give RTA timely notice of readiness thereof. The Contractor will furnish the RTA the required certificates of inspection, testing, or approval.

The cost of all such inspections, tests, and approvals shall be borne by the Contractor unless otherwise provided. Neither observation by the RTA, nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from obligations to perform the work in accordance with the requirements of the Contract Documents.

Other Contracts The RTA may undertake and award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with RTA employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any directions that may be provided by the Project Manager. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor or by RTA employees.

Protection of Existing Vegetation, Work, and Property The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the worksite, which was not to be removed and which do not unreasonably interfere with the work required under the contract. The Contractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the contractor shall trim those limbs or branches with a clean-cut and paint the cut with a tree-pruning compound as directed by the project manager.

The Contractor shall protect from damage all existing improvements and utilities (1) at or near the worksite, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of the contract or failure to exercise reasonable care in performing the work. If the contractor fails or refuses to repair the damage promptly, the owner may have the necessary work performed and charge the cost to the contractor. The Contractor shall determine the presence of underground utilities by utilizing the Ohio Utilities Protection Service 1 800 362 2764 at least 48 hours prior to excavation.

To ensure the protection of all public and private property from injury or loss arising from the connection with the contract, comply with the following:

1) Protect all work materials and equipment to be incorporated in this Contract whether in transit or in the storage on or off the site and under the care, custody or control of the Contractor.

2) Protect all partially installed and completed work associated with this Contract.

3) Furnish all temporary work required to complete this Contract. This will include all temporary work required to keep in operation all requisite guards, sidewalks, fences and other safeguards for the protection of the work and safety of the premises and the public.

4) Provide all temporary heat required for the prevention of damage to work and materials by freezing, as found necessary to carry on construction operations.

5) Protect other property at the site or adjacent thereto not designated for removal or replacement during construction.

6) Protect all public and private property and all persons who may be affected directly or indirectly by work performed under this Contract.

7) Promptly remedy all damage or loss (other than damage or loss covered by the "Insurance Requirements") to original condition at no additional cost to the RTA.

Operations and Storage Areas The Contractor shall confine all operations (including storage of materials) on RTA premises to areas authorized or approved by the Owner. The Contractor shall hold and save the RTA, its officers, and agents, free and harmless from liability of any nature occasioned by the contractor’s performance.

Temporary buildings (e.g., storage sheds, shop, offices) and utilities may be erected by the contractor only with the approval of the Project Manager and shall be built with labor and materials furnished by the contractor without expense to the RTA. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Project Manager, the buildings and utilities may be abandoned and need not be removed.

The contractor shall, under regulations prescribed by the project manager, use only established roadways, or use temporary roadways constructed by the contractor when and as authorized by the Project Manager. When materials are transported in performing the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any federal, state or local law or regulation. When it is necessary to cross curbs or sidewalks, the contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks or roads.

Accident Prevention The Contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and RTA personnel, property, materials, supplies, and equipment exposed to contractor operations and activities; (2) avoid interruptions of RTA operations and delays in project completion dates; and (3) control costs in the performance of this contract.

For these purposes of contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall:

1) Provide appropriate safety barricades, signs, and signal lights;

2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

3) Ensure that any additional measures the Project Manager determines to be reasonably necessary for the purposes are taken.

If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Transportation agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

Whenever the Owner or its representatives become aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or RTA personnel, the project manager shall notify the contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the worksite, shall be deemed sufficient notice of noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Owner may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop-work order issued under this clause.

The Contractor shall insert this clause, including this paragraph with appropriate changes in the designation of parties, in subcontracts.

Alternate I: If the contract will involve (a) work of a long duration with hazardous nature, or (b) performance on a government facility that on the advice of the technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or RTA personnel or property, add the following paragraph (f) to the basic clause:

Before commencing the work, the contractor shall:

1) Submit a written proposal plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

2) Meet with representatives of the RTA to discuss and develop a mutual understanding relative to the administration of the overall safety program.

Availability and Use of Utility Services The RTA shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. The Contractor shall carefully conserve any utilities furnished.

The Contractor, at its expense and in a workmanship manner satisfactory to the Project Manager, shall install and maintain all necessary temporary connections and distribution lines. Before final acceptance of the work by the RTA, the contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

Schedules for Construction Contracts The Contractor shall, within five (5) days after the work commences on the contract or another period of time determined by the Project Manager, prepare and submit to the Project Manager for approval three copies of a practicable schedule and show the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled within the time prescribed. The Owner may withhold approval of progress payments until the contractor submits the required schedule.

The Contractor shall enter the actual progress on the chart as directed by the Project Manager, and upon doing so shall immediately deliver three copies of the annotated schedule to the Project Manager. If in the opinion of the Project Manager, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Project Manager, without additional cost to the RTA. In this circumstance, the Owner may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Project Manager deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with requirements of the Owner under this clause shall be grounds for a determination by the Owner that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Owner may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

Layout of Work The Contractor shall lay out its work from RTA established baselines and benchmarks indicated on the drawings and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to layout any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Project Manager. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Project Manager until authorized to remove them. If such marks are destroyed by the Contractor through its negligence before their removal is authorized, the Project Manager may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

Organization and Direction of the Work When the contract is executed, the Contractor shall submit to the Project Manager a chart showing the general executive and administrative organization, the personnel to be employed in connection with the work under the contract, and their respective duties. The Contractor shall keep the data furnished current by supplementing it as additional information becomes available.

Work performance under the contract shall be under the full-time direction of (1) the Contractor, if the Contractor is an individual; (2) one or more principal partners, if the Contractor is a partnership; or (3) one or more senior officers, if the Contractor is a corporation, association, or similar legal entity. However, if the Project Manager approves, the Contractor may be represented in the direction of the work by a specific person or persons holding positions other than those identified in this paragraph.

Specifications and Drawings for Construction The Contractor shall keep on the worksite a copy of the drawings and specifications and shall at all times give the owner and its representative’s access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the project manager, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Project Manager shall furnish from time to time such detailed drawings and other information as considered necessary unless other provided.

Wherever in the specifications or upon the drawings the words "directed, required, ordered, designated, prescribed", or words of like import are used, it shall be understood that the direction, requirement, order, designation, or prescription, of the owner, is intended; and similarly the words "approved, acceptable, satisfactory", or words of like import shall mean approved by, or acceptable to, or satisfactory to the owner, unless otherwise expressly stated.

When "as shown, as indicated, as detailed", or words like import are used, it shall be understood that the reference is made to the drawings accompanying the contract unless stated otherwise. The word "provides", as used herein, shall be understood to mean provide completed in place that is, furnished and installed.

Shop drawings means drawings, submitted to the Project Manager by the Contractor, subcontractor, or any lower-tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. The RTA may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under the contract.

If the contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Project Manager without evidence of the Contractor’s approval may be returned for resubmission. The Project Manager will indicate approval or disapproval of the shop drawings, and if not approved as submitted, shall indicate reasons therefor. Any work done before such approval shall be at the contractor’s risk. Approval by the Project Manager shall not relieve the contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of the contract, except with respect to variations described and approved in accordance with (f) below.

If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the project manager approves any such variations, the RTA shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

The Contractor shall submit a minimum of four (4) “owner’s copies” for each shop drawing and submittal. The owner will retain one (1) copy during construction for Owner’s purposes. Upon completion of the job, the Contractor shall provide the Owner with three (3) original copies. Any additional copies required by the Contractor shall also be provided. The owner will review each submittal, mark as appropriate to indicate the action taken, and return copies less one (1) retained. As an example, if the Contractor needs three (3) copies of a submittal (one for the vendor, one for a subcontractor and one for the Contractor), the Contractor shall provide a minimum of seven (7) copies (three for the Contractor’s purposes, three for the Contractor to submit with three copies of operation and maintenance manuals upon completion of the job, and one copy for the owner to utilize during construction.

Upon completing the work under the contract, the Contractor shall furnish three (3) complete sets of all shop drawings as finally approved, to be included in the operation and maintenance manuals. These drawings shall show all changes and revisions made up to the time the project is completed and accepted by the RTA.

Shop Drawings and Planning Progression Submit for approval, prior to preparation of shop drawings, a list of proposed submittals and a tentative schedule of all proposed shop drawings, brochures, and samples called for under the Contract.

Prepare shop drawings that establish the actual details of the work; indicate proper relation to adjoining work; amplify design details of all general, structural, architectural, mechanical and electrical equipment in proper relation to verified physical spaces; and incorporate minor changes of design or construction to suit actual conditions. Fully describe all materials and equipment to be incorporated into the project, including manufacturer’s specifications and special detailed information.

The Project Manager will review shop drawings, brochures, and samples submitted in accordance with an approved shop drawing submittal schedule and return to the Contractor in a timely manner.

The Project Manager’s review of shop drawings, brochures or samples is for general design information only and is not a complete check of the method of assembly, erection, or construction. The review shall in no way be construed as:

1) Permitting any departure from the contract documents, except where the Contractor, in accordance with the provisions of the General Conditions, has previously notified the RTA of such departure.

2) Relieving the contractual responsibility for any error in quality of materials, details, and omissions or otherwise, that may exist.

3) Relieving the contractual responsibility for adequate field connections, erection techniques, bracing or deficiencies in strength.

4) Relieving the full contractual responsibility for the satisfactory performance of all work and coordination of work.

5) Permitting departure from additional details or instructions previously furnished by RTA.

If the Owner decides to conduct a pre-construction conference, the successful Contractors will be notified and will be required to attend. The Project Manager’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

Material and Workmanship (based on APR 1984) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the contracting officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery, mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles that the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the contractor’s expense, with all shipping charges prepaid. machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable (R 7-602.9 1964 Jun).

Superintendence by the Contractor (based on APR 1984) At all times during the performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. Each prime contractor shall provide superintendence for work covered by the respective prime contract and coordinate his work with the other Prime Contractors and the Construction Manager. The Construction Manager shall also provide superintendence over all other contracts.

Permits and Responsibilities (based on NOV 1991) The Contractor shall, without additional expense to the Greater Dayton Regional Transit Authority, be responsible for obtaining any necessary licenses and permits, and for complying with any federal, state, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damage to persons or property that occur because of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

Use and Possession Prior to Completion The Greater Dayton Regional Transit Authority shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the administrative team shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Greater Dayton Regional Transit Authority intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Greater Dayton Regional Transit Authority’s possession or use shall not be deemed an acceptance of any work under the contract.

While the Greater Dayton Regional Transit Authority has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Greater Dayton Regional Transit Authority’s possession or use, notwithstanding the terms of the clause in this contract entitled “permits and responsibilities”. If prior possession or use by the Greater Dayton Regional Transit Authority delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

Cleaning Up (based on APR 1984) The Contractor shall always keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Greater Dayton Regional Transit Authority. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer. Clean up is the specific responsibility of each separate contractor. The Construction Manager will ensure all contractors have adequately performed cleanup tasks. Cleanup shall take place daily.

Disputes Concerning Labor Standards Disputes arising out of the labor standard provisions of this Contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

Certification of Eligibility By entering into this agreement or a third-party contract financed under this agreement, the Contractor certifies that neither it (nor he nor she) nor any person or firm that has an interest in the Contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

No part of this Contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR Section 5.12(a)(1).

The penalty for making false statements as prescribed in the U.S. Criminal Code, 18 USC Section 1001.

Environmental, Resource Conservation, and Energy Requirements Environmental Protection: The Contractor agrees to comply with applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC Section 4321 et seq.; Section 14 of the Federal Transit Act, as amended, 49 USC app. Section 1610; Council on Environmental Quality Regulations, 40 CFR Part 1500 et seq.; and joint FHWA/FTA Regulations, "Environmental Impact and Related Procedures" at 23 CFR Part 771 and 49 CFR Part 622.

Air Quality: Contractor agrees to comply with applicable requirements of EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plan, Programs, and Project Developed, Funded or Approved Under Title 23 USC or The Federal Transit Act," 40 CFR Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 CFR Part 93. To support the requisite air quality conformity finding for the Project, the Contractor agrees to implement each air quality mitigation and control measure incorporated in the Project. The Contractor agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the description of the design concept and scope of the Project set forth in the SIP.

EPA also imposes requirements pertaining to the Clean Air Act, as amended that may apply to transit operators, particularly operators of large transit bus fleets. Thus, the Contractor should be aware that the following EPA regulations, among others, may apply to this Project; "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines", 40 CFR Part 85; "Control of Air Pollution and New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines: Certification and Test Procedures", 40 CFR Part 86; and "Fuel Economy of Motor Vehicles", 40 CFR Part 600.

Use of Public Lands: No publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, state, or local officials having jurisdiction thereof, or any and from an historic site of national, state, or local significance may be used for the Project unless specific findings required by 49 CFR Section 303 are made by U.S. DOT.

Mitigations of Adverse Environmental Effects: Should the proposed Project cause adverse environmental effects, the Contractor agrees to take all reasonable steps to minimize such effects pursuant to 49 USC app. Section 1610, all other applicable statutes, and the procedures set forth in 23 CFR Part 771 and 49 CFR Part 622. The Contractor agrees to undertake all environmental mitigation measures that may be identified as commitments in applicable environmental documents (such as environmental assessments, environmental impact statements, memoranda of agreements, and statements required by 49 USC Section 303) and with any conditions imposed by the government as part of a finding of no significant impact or a record of this Agreement by reference. As soon as the government and the Contractor reach agreement on any mitigation measures that have been deferred, those measures will then be incorporated into this Agreement. Such mitigation measures may not be modified or withdrawn without the express written approval of the government.

Execution of Contract The successful bidder must, within ten (10) days after the date of notification of the award and before the signing of the contract, furnish the following:

1) Performance Bond.

2) Labor and Materialmen Bond with a surety in the amount equal to 100% of the total contract amount.

3) Certificates of insurance and compliance from the Industrial Commission and Bureau of Workers' Compensation Within ten (10) days after the execution of the contract, the Contractor shall furnish the following:

1) List of materials the bid is based upon and supplier.

2) An itemized Schedule of Values including labor, materials, and equipment, for all items in the bid.

3) Name of foreman or superintendent.

4) List of 24-hour emergency telephone numbers(s).

Builders Risk Insurance Contractor shall provide builders risk insurance coverage covering both the interests of the Owner, Contractor and all applicable subcontractors in accordance with the following:

1) Said policy of insurance to be written utilizing either a) the 1995 ISO Builders Risk Coverage form CPOO 20 with special causes of loss, form CP 20 30 11 attached and endorsed to include the perils of flood, surface water, backup of sewers and drains, and earthquakes or b) an inland marine builders risk coverage form which is certified by the insurance underwriter to be no more restrictive than the iso form CP 00 20, 1995 edition.

2) The policy will carry a maximum deductible of $1,000-$5,000, depending on the size of the project. The Contractor will be financially responsible for absorbing all losses within the deductible.

3) The policy will be written on a completed value basis. The limit will be equal to 100% of the total contract award amount.

4) Valuation for all property, including but not limited to the property of others in the insured’s care, custody, and control, will be the replacement cost.

5) The policy will be endorsed to cover property in transit.

6) The policy will be endorsed to cover off-site storage of building materials, contents, and supplies.

7) The policy will be endorsed to include form CP 11 21 builders' risk-theft of building materials.

8) The policy shall be endorsed to provide the owner with the right to approve/disapprove all settlements.

9) Contractor shall provide Owner with a certificate of insurance evidencing each of the above items prior to initiating any construction activity. Said certificate of insurance will include a provision providing the Owner with 30 days written notice of cancellation, material change or non-renewal. The standard "endeavor to" wording will be deleted from any certifications provided by the Contractor to the Owner.

10) It is agreed that all coverage placed by the Contractor on behalf of the Owner shall be underwritten by an insurance company licensed and admitted by the State of Ohio. Said insurance company will carry a current minimum A.M. Best rating of A- Excusable Delays Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the RTA in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control of and without the fault or negligence of the Contractor. "Default" includes failure to make progress in the work to endanger performance.

If the failure to perform is caused by the failure of the subcontractor at any tier to perform or make progress, and if the cause of failure was beyond the control of both the Contractor and…