Georgia Department of Transportation Statement of Work for the Installation, Repair and Maintenance of Fencing – Statewide

1.01 The Georgia Department of Transportation (hereafter referred to as the Department) is seeking bids for Installation, Repair and Maintenance of Fencing at various locations along Interstate Highways and State Routes throughout the State of Georgia.

A. The Contractor will be required to provide Fencing Maintenance on Interstate Highways and State Routes; and shall be responsible for the installation, repair, and maintenance of fencing within the right of way.

B. The Contractor shall stay informed of, and abide by, all Federal, State and local laws, ordinances, and regulations.

C. Additional areas may be added as other construction projects are completed by the Department. No additional compensation will be made for the additional mileage. Necessary repairs in the additional areas will be paid at the contract unit prices.

II. GDOT GUIDELINES AND REFERENCES

2.01 The Georgia Department of Transportation State of Georgia Standard Specifications Construction of Transportation System, 2001 Edition, Supplemental Specifications, and Special Provisions for this solicitation include:

1. Section 100 – 109 – General Provisions;

2. Section 201 – Clearing and Grubbing Right of Way

3. Special Provision, Section 150 – Traffic Control;

4. Section 500 – Concrete (Class A or B);

5. Section 610 – Removal of Miscellaneous Roadway Items;

6. Section 643 – Fence;

7. Section 645 – Repair of Galvanized Coatings;

8. Section 862 – Wood fence Posts and Bracing;

9. Section 862 – Metal caps;

10. Section 863 – Preservative Treatment of Timber Products;

11. Section 894 – Chain Link Fence (Fabrics, Gates and Posts);

12. Section 894 – Barbed Wire (including Posts);

13. Section 894 – Ground Rods and Connections; and

14. Section 894 – Field Fence

2.02 Manual of Uniform Traffic Control Devices (MUTCD), current edition

Note: When there is an occurrence of conflicting requirements between Specification Section 150 and the MUTCD, the more stringent requirement shall control.

A. The Department provides guidelines for the installation, maintenance and repair of fencing in the required references above. Theses specifications, construction details, and standards may be reviewed on-line at http://www.dot.ga.gov.

B. Once on the GDOT web site you will see a header toolbar; click on the Quick Link: Doing Business. You will be able to browse the electronic specification library.

C. To review Specifications: At the web site, click on The Source, once open notice there are several sub-links: Special Provisions and Standard Specifications

1. For Special Provisions: click on the link:

a. Once it opens you will see a drop down box, click on the down arrow to bring up the menu.

b. Choose a broad category (select from Shelf Special Provisions, Reference Special Provisions, and Supplemental Specifications) to find desired Specification.

2. For Standard Specifications: click on the link:

a. Once it opens you will see a drop down box, click on the down arrow to bring up the menu.

b. Choose a broad category that includes the number of the Standard Specification you wish to review.

c. Example: you wish to look at Standard specification 641 – Guardrail. Select the section labeled, 581 – 725 Miscellaneous Items. Once it opens, scroll down and click on the specification number. It will open.

3. For Construction Details and Standards: click on the link, Policies and Manuals. Under the sub-link R.O.A.D.S, click on the link: Construction Standards and Details link.

a. Select either English Standards or English Construction details

b. Once into the site, type in key word: fencing. This will bring up related standards or details.

3.01 Project Period of Performance

The initial contract term will be for one (1) year starting with the Notice of Award until June 30, 2014 with the option to renew for four (4) additional one (1) year periods with the same terms and conditions and satisfactory performance of all criteria.

3.02 Administration

A. The District Maintenance Engineer hereafter referred to as the “Engineer”, will administer the terms and conditions of this Contract. The Engineer will decide all questions which may arise as to the quality and acceptability of work performed and as to the interpretation of the contract; and all questions as to the acceptable fulfillment of the contract on part of the Contractor. The Engineer’s decision shall be final and the Engineer shall have the executive authority to enforce and make effective such decisions and orders as the Contractor fail to carry out promptly. The District Maintenance Engineer’s address is:

Georgia Department of Transportation

State Maintenance Office

Attn: Eric Pitts, State Maintenance Engineer

One Georgia Center

600 West Peachtree Street, N.W., 10^th Floor

Atlanta, Georgia 30308

Phone: (404) 631-1399

E-mail: epitts@dot.ga.gov

B. When called upon for Specification intent, the Department’s interpretation/decision will be final. In all instances, the Department will be the sole judge of operability of the fencing as contemplated by the specifications and compliance issues.

3.03 Department’s Request for Service

A. The Contractor will be notified periodically when the need arises for the routine removal and replacement of damaged fencing. Notification will be made via e-mail, fax, or phone.

1. A stake, orange flagging, orange paint or other methods agreed upon will mark the limits of repair with the site number written on it.

2. Start work within thirty (30) calendar days of notification and be completed no later than the time specified.

B. Non-functional Notification: The Contractor will be notified of non-functional fencing. This non-functional notification will be sent regardless of the linear feet of non-functional fencing available.

1. A stake, orange flagging, orange paint or other methods agreed upon will mark the limits of repair with the site number written on it.

2. Start work within seven (7) business days of notification.

3.04 Contractor Notification of Operations to the Department

A. The Contractor shall notify the Engineer twenty-four (24) hours in advance of beginning work on each set of repairs. The Contractor shall give the Engineer sufficient notice of all operations for any sampling, inspection or acceptance testing required.

B. Contractor shall not commence work until all utilities have been marked. Contractor shall notify the Department via email the following:

1. Date of initial project review;

2. Date of initial utility location request;

3. Date utilities marked;

4. Date work begins; and

5. Date of work completion.

C. Contractor’s supervisor shall send the required notifications to the Engineer, or his designee, via email. Such emails shall identify the work location as assigned by the Engineer.

D. Work under this Contract consists of furnishing all labor, materials, tools, equipment, means of transportation, and incidentals necessary to perform maintenance services, installation and repair as necessary to the specified Work. Said incidentals may include but are not limited to removal of vegetation.

IV. SCOPE OF SERVICES:

4.01. General Fencing Requirements

A. Follow the general requirements when placing, repairing or replacing damaged fencing components:

1. All replacement fencing components shall be installed to the most current design standard and in accordance with Section 643 of the Specifications and applicable Standard and Construction Detail. Any exceptions to this shall have prior approval from the Engineer. In addition, all materials are to be replaced with like materials.

2. Construct the fence to follow the contour of the ground. Place the bottom of the fence fabric at least 1 in. (25 mm) from the ground surface, but no more than 6 in. (150 mm).

3. Clear the fence line a maximum of 8 ft. (2.4 m) wide and grade where necessary to provide a neat appearance.

4. When the ground profile in low areas changes abruptly, use longer posts to maintain the ground clearance. Stretch multiple strands of barbed wire on the posts with 6 in. (150 mm) or less vertical clearances between strands of barbed wire.

5. Connect the existing cross fences to new fencing, except for obviously unserviceable fences.

6. Place corner or end posts, whichever is appropriate, at the junction with existing fences and fasten the wires in the new and existing fences to the posts.

7. Install corner or pull posts for new fencing without placing tension on existing fence posts. At structures, fasten new fencing to end posts to permit livestock to pass through or under the structure freely, unless otherwise directed.

B. Posts and Appurtenances: Follow these steps to install posts and appurtenances

1. Replace and install the posts in the same location where possible. If the soil is Class I, II, III, or V, drive “C” and 2-3/8 in. (60 mm) tube-type line posts for all fence types at least 3 ft. (900 mm) deep instead of using concrete encasement.

2. Encase in concrete line posts installed in marshy or swampy areas (Class IV soils). Install posts in rock according to this subsection.

3. Encase the corner, end, and pull posts in concrete.

4. Replace posts damaged by driving. When posts are set in concrete, fill the entire hole around the post with Class A or B concrete.

5. Hand mix concrete for batches of 1/2 cubic yard or less. Firmly brace the posts and hold them in place until the concrete has set.

6. Ensure that the distance between the end, pull, and corner or angle post assemblies does not exceed the following:

a. For chain-link fence, straight line 500 ft. (150 m)

b. For chain-link fence, curved line 250 ft. (75 m)

c. For woven-wire fabric 330 ft. (100 m)

d. Field fence 330 ft. (100 m)

7. On end, pull, and corner or angle post assemblies for woven-wire fence, add additional approach posts for greater stability when necessary or as directed by the Engineer.

8. Set posts placed on concrete walls, slabs, or solid rock in round holes 6 in. (150 mm) deep.

9. Fill the space around the post with molten lead or cement filler approved by the laboratory.

10. Repair the posts after cutting or drilling. Repair galvanized steel posts according to Section 645. Repair other metal posts according to the manufacturer’s recommendations.

11. Treat timber posts and braces with a preservative coating of the type specified in Subsection 863.2.01.

C. Fence Erection

1. Install fence fabric or barbed wire when posts are set and braced, except when posts are set in concrete footings.

2. When posts are set in concrete footings, delay installing the fabric or wire to allow the concrete to cure at least 5 days. When barbed wire fence is required, install three strands unless otherwise instructed by the Engineer.

D. Gates

2. Weld the gate frames into units. Properly coat them after welding according to Section 894.

3. Stretch fabric that matches the fence fabric taut over the gate frame. Provide gate assemblies with a positive-type locking device, padlock, and keys.

E. Electrical Ground

1. Wherever a power line carrying more than 600 volts passes over the fence, install a ground rod.

a. Install the ground rod at the nearest point directly below the point of crossing.

b. Where possible, drive the rod into the ground for a full 8 ft. (2.4 m) of penetration.

i. In rocky soil, drive the rod slanted to provide 18 in (450 mm) of cover at the tip.

ii. In solid rock, install two ground rods at the nearest post on each side of the power line crossing where soil conditions will permit

c. Use clamps to attach a length of No. 6 AWG bare copper, 7-strand wire between the fence and the ground rod.

F. Trespassing on Private Property

To trespass on private property outside the right-of-way, obtain written permission from the property owner for the intrusion.

G. Maintaining Livestock

Construct the fence to prevent livestock from escaping. Schedule fence removal and new fence installation to provide continuous security of the livestock. If security is not maintained and animals or property are damaged or lost, compensate the owner or make repairs at no cost to the Department. Replace or repair damaged existing fences.

4.02 LIMITATION OF OPERATIONS

A. Scheduling: Schedule all work to ensure the least inconvenience and the utmost in safety to the traveling public, the Contractor’s, and the Department’s forces.

1. Perform the Work during daylight hours if allowed in the approved Traffic Control Plan.

2. Move equipment or materials on or across a traveled way in a manner as not to unduly interfere with traffic.

3. Suspend operations if weather conditions are such that maintenance operations cannot be carried out in an effective manner.

a. If such suspension occurs, notify the Engineer immediately and re-schedule that day’s uncompleted tasks for another day during that same week.

b. The Department reserves the right to restrict operations when, in the opinion of the Engineer, the continuance of the Work could seriously hinder facility operations or jeopardize safety.

B. Limitations

1. Lane Closures: The Contractor shall complete the required work of installing, maintaining, and removing the traffic control devices for lane closures and restoring traffic to existing traffic pattern. For routine and non-functional work, the Contractor shall detail any required lane closures in the Traffic Control Plan for Engineer approval.

2. In addition, the Contractor shall not close or narrow a lane of traffic, detain and/or alter the traffic flow on or during holidays, holiday weekends, special events, or any other time when traffic is unusually heavy, including the following schedules: Holidays and holiday weekends shall include New Years, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.

3. HOLIDAY AND HOLIDAY WEEKEND LANE CLOSURE RESTRICTIONS

a. New Year's Day, between the hours of 6:00 a.m. December 31st and 8:00 p.m. January 2nd.

If New Year's Day is on a Friday, Saturday, Sunday or Monday then the restriction is in effect until 8:00 p.m. the following Tuesday.

b. Memorial Day, between the hours of noon Friday and 9:00 a.m. Tuesday.

c. Independence Day, between the hours of noon the day before Independence Day and 8:00 a.m. the day after Independence Day.

If Independence Day is on a Friday, Saturday, Sunday or Monday, then between the hours of noon the Thursday before Independence Day and 8:00 a.m. the Tuesday after Independence day.

d. Labor Day, between the hours of noon Friday and 9:00 a.m. Tuesday.

e. Thanksgiving Day, between the hours of noon Wednesday and 9:00 a.m. Monday.

f. Christmas, between the hours of noon Christmas Eve and 9 a.m. the day following the holiday.

g. Other holidays or additional days at the discretion of the Engineer.

4. The time of availability for the Work shall be the time the Contractor begins to install all traffic control devices for lane closures according to the time restrictions listed above, or in the Approved Traffic Control Plan.

5. The completion time for the Work shall be the time the Contractor is required to complete the removal of all traffic control devices for lane closures according to the time restrictions stated above, or in the Approved Traffic Control Plan, and place traffic in the existing traffic pattern.

6. Failure to remove the lane closures within the time restrictions above, or within the restrictions specified in the Approved Traffic Control Plan, will result in the assessment of liquidated damages against the Contractor. The liquidated damages will be assessed at the rate of Two Thousand Five Hundred Dollars ($2,500.00) per fifteen minutes or portion thereof.

C. Utility Conflicts

1. The Contractor shall be responsible for requesting and obtaining, in a timely manner, utility location marking. The vendor shall promptly notify the Department:

a. When the marking has been requested; and

b. When the marking has been accomplished.

An email from the vendor’s supervisor to the Engineer, or his designee, shall be sufficient notification.

2. Utility owners should be contacted a minimum of 48 hours prior to the commencement of operations.

3. Special care shall be used in working around or near existing utilities; protecting them when necessary to provide uninterrupted service. In the event that any utility service is interrupted, the Contractor shall notify the utility owner immediately and shall cooperate with the owner, or his representative, in the restoration of service in the shortest time possible.

4. Existing fire hydrants shall be kept accessible to fire departments at all times. The Contractor shall adhere to all applicable regulations and follow accepted safety procedures when working in the vicinity of utilities in order to insure the safety of workers and the public.

D. Driveways and Private Property

The Contractor shall maintain access to driveways for all residents and property owners throughout the life of the project. The Contractor shall not perform work for private citizens or agencies in conjunction with this project or within the project limits of this contract.

4.03 TRAFFIC CONTROL AND SAFETY

A. Maintenance of Traffic The Contractor shall maintain traffic during work activities and provide, install, and maintain all traffic control devices in accordance with these project guidelines, the Project Traffic Control Plans, the Project Special Provisions, Georgia Department of Transportation State of Georgia Standard Specifications for Construction of Transportation Systems, 2001 edition , Supplemental Specifications, and the current edition of the Manual of Uniform Traffic Control Devices (MUTCD).

1. The Contractor shall utilize complete and proper traffic controls and traffic control devices during all operations. All traffic control and traffic control devices required for any operation shall be functional and in place prior to the commencement of that operation. Signs for temporary operations shall be removed during periods of inactivity. The Contractor is required to leave the project in a manner that will be safe to the traveling public and which will not impede motorists.

a. Contractor shall have a Worksite Traffic Control Supervisor (WTCS) available for Traffic Control Supervision. Training must be in accordance with the Manual of Uniform Traffic Control Devices.

b. Contractor’s WTCS must submit documentation to verify that his training conforms to MUTCD requirements.

2. The Contractor shall comply with all applicable Federal, State, and local laws, ordinances, and regulations governing safety, health, and sanitation, and shall provide all safeguards, safety devices, and protective equipment, and shall take any other needed actions, on his own responsibility that are reasonably necessary to protect the life and health of employees on the job and the safety of the public, and to protect property in connection with the performance of the work covered by the contract.

3. Failure to comply with any of the requirements for safety and traffic control of this contract shall result in suspension of work as provided in Subsection 108.06 of the Specifications.

4. Parking trucks, vehicles, and other large equipment on grassed areas, under the drip line of existing trees, or in handicapped parking spaces, is prohibited

B. Safety and Incident Reporting: Safety is the responsibility of the Contractor. Operate all equipment safely, as per manufacturer recommendations, and in accordance with all applicable codes, laws, ordinances, and regulations.

1. Perform work in such a way to prevent damage to turf, trees, shrubs, groundcover, structures, site fixtures, and parked or moving vehicles.

2. Contractor is responsible for contacting and locating all utilities prior to digging. Any damage to utilities caused by the Contractor shall be corrected immediately by the Contractor at no expense to the Department.

a. Contractor shall comply with Georgia Law by ensuring buried utilities are properly marked. They may do so by contacting 811.

i. Web site: www.georgia811.com.

ii. Submitting a request on-line or by telephone.

b. Contractor shall perform no work until the site is marked, or that the Georgia811organization indicates that there are no buried utilities at the location.

3. Verbally report any incidents that occur on site to the Engineer within one hour. Submit an incident report to the Department within 24 hours that describes the accident in full, names of those involved with contact phone numbers, extent of injuries, and damage.

V. PERSONNEL

4.01 Supervisor: At all times, have on the work site as the Contractor's agent, a competent, English speaking Supervisor, thoroughly experienced in the type of work being performed. The Supervisor’s main duties are to supervise the maintenance crew. The Contractor’s Supervisor shall:

1. Have a working cell phone with them during duty hours;

2. Be available at the work site when the Work is being performed under this contract;

3. Act as the Contractor’s authorized agent in all communications with the Department; and

4. Be responsible for inspecting and reporting the need for major repairs to the Engineer immediately.

4.02 Crew: Utilize the same crew(s) to perform maintenance operations throughout the Service Agreement whenever possible so that the personnel can remain familiar with the Project.

1. Provide staff and staffing levels able to perform the Work in accordance with this Contract.

2. Use personnel who are competent, experienced, and skilled in all aspects of guardrail, cable rail and impact attenuator maintenance, equipment usage, safety procedures. The personnel performing these services will be under the sole responsibility of the Contractor.

VI. MATERIALS AND TESTING

The Engineer reserves the right to perform all sampling and testing in accordance with Section 106 of the Specifications. The Contractor shall furnish the applicable certifications and documentation for all materials as required by the Specifications. Material which is not properly certified will not be accepted.

7.01 The Department expects the awarded contractor to be fully able to complete the Work as detailed in this Contract. The Department may, at its discretion, consider the use of subcontractors to accomplish the Work.

7.02 If the Department approves the use of a subcontractor, the Contractor will be held wholly responsible for the actions, quality, and timeliness of all work performed by the subcontractor. The Department will communicate with the Contractor’s Supervisor regarding all work.

7.03 All requests to hire a subcontractor must be approved in writing. A minimum of ten (10) working days is needed to evaluate a request. The written request from the contractor shall include the following:

1. A justification for the need to hire a subcontractor;

2. The name, address, and phone number of the proposed subcontracting company;

3. The number of employees proposed;

4. The locations of work and revised work schedule; and

5. The revised work crew roster list.

7.04 Required documentation: If a sub-contractor is retained, Prime Contractor shall obtain and keep on file the following documentation:

1. A notarized original copy of the Georgia Security and Immigration Compliance Act Affidavit (GSICA); and

2. A Drug-free Workplace Certification form.

These forms must be received from the Sub-contractor annually when the Prime’s contract is renewed by the Department. These forms must be available to GDOT personnel on request.

VIII. NON-COMPLIANCE/DEFAULT

8.01 Inspections: The Engineer will inspect each site after notification of completion by the Contractor. Upon inspection, the Engineer will notify the Contractor the Department’s acceptance or rejection of the Work.

1. Each required task shall be evaluated as complete or incomplete.

2. All incomplete tasks and/or deficiencies noted by the Engineer shall be corrected by the Contractor within twenty-four (24) hours after notification unless noted otherwise.

8.02 Non-Compliance: When the Department determines that the Contractor has failed to perform required work to the terms of the Contract, the Contractor shall be deemed in Contract Non-Compliance.

1. The Department may withhold all payments if non-compliance occurs with items listed below, until non-compliant actions are corrected.

2. The Department has the authority to terminate the Contract when the Contractor is in default three (3) or more times during the term of the Contract. The table below lists applicable non-refundable deductions per facility.

3. Performance deficiencies will be reported to the Contractor by facsimile or electronic mail, within seventy-two (72) hours of Non-Compliance identification(s). A hard copy of the facsimile or electronic mail will be mailed to the Contractor.

4. Reply to the Engineer’s non-compliance notice within forty-eight (48) hours of receipt.

8.03 Default: The Contractor shall be in default if:

1. The Contractor fails to maintain the site to Contract specifications;

2. The Contractor fails to correct all tasks and/or deficiencies within twenty-four (24) hours after written notification; or

3. If the Engineer determines that a task is incomplete and/or deficiencies have occurred.

IX. QUALITY ACCEPTANCE - INSPECTIONS

For the purpose of inspection and control, the Department will monitor the Contractor’s progress and performance each week.

1. Rejected work and/or materials shall be immediately removed or corrected within twenty-four (24) hours of notification or as directed by the Engineer.

2. Non-refundable Deductions may be assessed for specification non-compliance and remain in effect until brought into compliance.

Fence will be measured by the linear foot (meter) along the bottom of the fence, from the outside of the end posts for each continuous run of fence. Posts will be measured by the linear foot (meter). Measurement for payment includes posts, post assemblies, pull corner and gates.

When gates are paid for separately, they will be measured as complete Units of the type and size specified and installed. Gate posts will be included in the price of the gates.

Temporary barrier fence will be measured by the linear foot (meter) along the bottom of the fence outside of end posts for each continuous run of fence.

Pricing for electrical ground rods will include installation and all incidentals.

XI. PAYMENT

Payment for services will be full compensation for all labor, materials, equipment, and incidentals necessary to complete the work required by this service agreement.

1. Payment will be made utilizing the contractor’s submitted pricing for labor, equipment and fencing installation and maintenance upon receipt of properly prepared invoice.

2. Invoice Requirements: Verify the accuracy of the invoice prior to submission to the Department.

a. Invoice errors/discrepancies may/will cause payment delay.

b. The Department reserves the right to withhold payment for work not performed or unsatisfactory work and to deduct non-refundable deductions for tasks in non-compliance/default during the month.

c. Submit an invoice and other required supporting documentation after the completion of each month’s service. Reference the contract number and the Department issued purchase order number on the invoice.

3. Submitted invoices shall include:

a. Monthly Material Usage Report listing labor, supplies and equipment used.

XII. CONSTRUCTION PROJECTS

The Department reserves the right at any time to Contract for and/or perform other or additional work on or near the Work covered by the Contract.

1. If a road/parking lot/facility rehabilitation or improvement project is under construction or will be under construction where maintenance is scheduled, each contractor shall conduct the Work so as not to interfere with or hinder the progress or completion of the Work being performed by other Contractors. Contractors working on the same Project shall cooperate with each other.

2. Each Contractor involved shall assume all liability, financial or otherwise, in connection with this Contract and shall protect and save harmless the Department from any or all damages or claims that may arise because of inconvenience, delay, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same Project.

3. The Contractor shall arrange the Work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same Project. The Contractor shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.

XIII. DAMAGE

In the event that any damage occurs during and is caused by the Contractor’s operations, the Contractor shall be required to repair or replace the damaged item with a like item at the Contractor’s operations, the Contractor shall be required to repair or replace the damaged item with a like item at the Contractor’s expense within eight (8) hours of the occurrence. If the said damage is not corrected in eight (8) hours and the damage has to be repaired or replaced utilizing Department property or personnel, the cost of the repair or replacement will be calculated and deducted from the Contractor’s payment.

The Contractor will be required to prosecute the Work in a continuous and uninterrupted manner from the time he begins the Work until completion and final acceptance of the Project. During the maintenance and/or repair of damaged sections of guardrail and/or cable barrier, the Contractor shall replace all needed components of the guardrail and/or barrier as directed by the Engineer and stabilize existing guardrail and/or barrier and appurtenances at the site. The Contractor will not be permitted to suspend his operations except for reasons beyond his control or except where the Engineer has authorized a suspension of the Contractor’s operations in writing.

Prior to beginning work under this Agreement, the vendor selected must submit to the Engineer for review and approval the following:

Insurance: Submit original Certificate of Insurance in conformance with prescribed limits within seven (7) calendar days after contract award. Commence no work prior to the Department acceptance of insurance coverage. Failure to retain insurance for the term of the contract may be grounds for contract termination.

XVI. EMPLOYMENT POLICIES

15.01 Prohibited Contractor/Employee Behavior: Employees are expected to use good judgment, common sense, and always conduct themselves in a courteous and professional manner.

15.02 Below are examples of prohibited behavior. They are not intended to be all-inclusive:

1. Have possession of firearms, alcohol or drugs on the premises.

2. Fighting, harassing or arguing with other employees or traveling citizens.

3. Failure to follow instructions, and/or failure to perform duties.

15.03 Department Request to Replace Employee:

1. Any person employed by the Contractor who does not perform in a proper and skillful manner or displays any conduct which would present a negative impact on the Department or project site will at the request of the Department, be removed from further work on the contract by the Contractor.

2. Such employee shall not return to work on this Contract without the Department’s prior written approval.

3. Consider no employee for assignment to this Contract who has been convicted of homicide, battery, kidnapping, rape, child molesting, child exploitation, child solicitation, burglary or robbery.

4. Notify the Department of any employee being considered for assignment who has a criminal record, regardless of the reason or offense.

5. The Department reserves the right for final decision to accept or reject any individual being considered for assignment by Contractor.

The Department will pay the vendor for work accomplished under this Statement of work by the following: