103AWARD AND EXECUTION OF CONTRACT

103.01 Consideration of Proposals ................................ ............................ 19

103.02 Return of Proposal Guaranties ................................ ....................... 19

103.03 Material Guaranty ................................ ................................ .......... 19

103.04 Award of Contract ................................ ................................ .......... 20

103.05 Cancellation of Award ................................ ................................ ... 20

103.06 Execution of Contract and Contract Payment and Performance

Bond ................................ ................................ .............................. 20

103.07 Failure to Execute Contract ................................ ............................ 20

103.01 Consideration of Proposals

The electronic bid is the only official bid. After the proposals are opened, the Department will compare proposals based on the summation of the products of the unit bid prices and the ap proximate quantities. The results of such comparisons are public information. The Department reserves the right to reject any or all proposals, to waive technicalities, or to advertise for new proposals in the best interests of the Department.

103.02 Return of Proposal Guaranties

As soon as the proposal prices have been compared, the Department will return Proposal Guaranties accompanying the proposals not likely in its judgment to be involved in making the award. The D epartment will return all other Proposal Guaranties to the remaining bidders after satisfactory Contract and Contract Payment and Performance Bond or Letter of Credit, where applicable, have been executed and accepted.

103.03 Material Guaranty

Before Contract award, the Department may require the bidder to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Proje ct, together with samples. The samples may be subjected to tests, provided for in these Specifications, to determine their quality and fitness for the construction. 103.04 20 103.04 Award of Contract The Department will either award a contract to the lowest responsive bidder according to TCA §54 -5-116 within thirty (30) days after the formal opening of proposals, or it will reject all proposals received on the Project. If a bidder submits qualified bi ds where the bidder ties acceptance or rejection of two or more proposals on the condition that either all proposals are accepted or all are rejected, the bids will be rejected unless each bid is the lowest responsive bid on each project. If the combinati on bid is rejected, the Department may award the Contract to the second lowest responsive bidder. The Department will only award a contract to a contractor that is licensed in accordance with 102.11.

103.05 Cancellation of Award

The Department reserves the right to cancel the award of any contract, at any time prior to execution of the Contract by all parties without liability.

103.06 Execution of Contract and Contract Payment and Performance

Bond The bidder to whom the Contract is awarded shall sign and return the Contract to the Department along with the fully executed Cont ract Payment and Performance Bond or Letter of Credit, where applicable, in a sum equal to 100% of the amount of the Contract, within ten (10) days after the receipt of notice of award and receipt of contract forms from the Department. A contract is not co nsidered binding until it has been executed by all parties.

103.07 Failure to Execute Contract

If the bidder fails to execute the Contract and to file an acceptable Contract Payment and Performance Bond or Letter of Cred it, where applicable, within ten (10) days after notice of award, the Department may cancel the award and retain the Proposal Guaranty, not as a penalty, but as liquidated damages. The Department may then award the Contract to the next lowest responsive bidder, re-advertise the Work, or take other action, as the Department may decide. 104.01 21 SECTION 104 – SCOPE OF WORK

104.01 Intent of Contract ................................ ................................ ........... 21

104.02 Changes in Plans or in Character of Construction ......................... 21

104.03 Contract Change Notification ................................ ........................ 23

104.04 Maintenance of Traffic ................................ ................................ ... 25

104.05 Maintenance During Construction ................................ ................. 27

104.06 Movement of Heavy Equipment ................................ .................... 27

104.07 Operation of Earthmoving and Hauling Equipment ....................... 27

104.08 Dust Control ................................ ................................ ................... 28

104.09 Rights in and Use of Materials Found on the Work ....................... 28

104.10 Final Cleanup ................................ ................................ ................. 29

104.11 Value Engineering Change Proposal (VECP) ................................ 29

104.01 Intent of Contract

It is the intent of the Contract to provide for the construction and completion of the Work in accordance with the Plans, Specifications, and all other Contract documents.

104.02 Changes in Plans or in Character of Construction

The Department reserves the right to make changes to the Work at any time including alterations in the Plans, increases or decreases in quantities, Extra Work, or eliminated items. Such changes shall not invalidate the Contract nor release the Surety. The Contractor agrees to perform the Work as altered, the same as if it had been a part of the original Contract. Under no circumstances shall changes in the Plans or in the character of the Work involve work beyond the termini of the proposed construction except as may be necessary to satisfactorily complete the Project.