2026 10 20 Council Meeting Packet

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The Department 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
2021 Standard Specifications, Supplemental Specifications and applicable Special

The Contractor shall, at all times, observe and comply with all applicable federal, state
and local laws, ordinances and regulations and shall indemnify and hold harmless the
State of Tennessee and all of its officers, agents and servants against any claim of
liability or assessment of fimes or penalties arising from or based upon the Contractor's
and/or its employees’ violations of any such law ordinance of regulation. The
Contractor shall maintam documentation for all charges against the State under this
Contract. The books, records and documents of the Contractor insofar as they relate
to the work performed or 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 State, the

Comptroller of the Treasury, or their duly appointed representatives.

The Contractor shall be responsible for any and all injury or damage to persons or to
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 its non-
execution of the work or due to defective work or materials. The Contractor shall

provide proof of adequate and appropriate general liability imsurance providing
liability coverage in an amount not less than $1 million dollars per occurrence and
$300,000 per claimant, naming the State of Tennessee as an additional insured.

The Contractor shall indemnify and hold harmless the State, the Department 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 Department may retain from the monies due to the Contractor under this
Contract a sum deemed sufficient by the Department to protect the Department 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. The Work Order will stipulate the date this Contract
is effective as the expected start date for construction, but the work will not proceed
until the Preconstruction Conference has been held. The days tabulated against the
time limit will begin on the date this Contract is effective or the date the Contractor
begins work, whichever occurs first. All other requirements in regard to the beginning
of construction set forth in the Proposal and Special Provisions will apply from this
date.

Upon execution of this Contract, the Contractor agrees to register with the plans
collaboration software designated by the Department prior to the Preconstruction
Meeting. The Contractor agrees that correspondence related to project plans or plans
revisions and any request for information (RFI) shall be communicated through this
tool during construction of the project. This paragraph shall not apply to no plans
contracts.

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Work Session
October 12, 2026

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