9-18-26_124790.00_Johnson City RFQ Design and NEPA Services for Knob Creek Rd. _ from SR 354 (Boones Creek Rd.) to Mizpah Hills Drive (IA).pdf

REQUEST FOR QUALIFICATIONS

Design and NEPA Services for Knob Creek Rd (06040), From SR-354(Boones Creek Rd) to Mizpah Hills Drive (IA)

City of Johnson City, Tennessee

RFQu #6928

Due Date and Time:

Tuesday, October 6, 2026 4:00 PM ET

(at which time it will be opened publicly)

In cooperation with Tennessee Department of Transportation Local Programs

PIN 124790.00

City of Johnson City, Tennessee Purchasing Department

209 Water Street Johnson City, TN 37601

423/975-2711

RFQu# 6928 – Design and NEPA Services for Knob Creek Rd, From SR-354(Boones Creek Rd) to Mizpah Hills Drive (IA)

1. Introduction The City of Johnson City is requesting the services of a professional consultant engineering firm to provide services related to the survey, design and preparation of NEPA documentation for the widening and realignment of Knob Creek Road from Boones Creek Road to Mizpah Hills Drive. This project will address geometry issues in order to bring the roadway up to state route standards. The project shall be accomplished in accordance with TDOT Local Programs guidelines.

The professional consulting engineering firm must be on TDOT’s pre-approved list or have a completed pre-qualification form filed with TDOT by the deadline for the Letters of Interest. The prequalified firm must have unlimited status.

The City of Johnson City will execute a Lump Sum Multi-phase Contract with the selected firm and distribute monthly payments based on work performed in each billing cycle. For questions please contact the following:

Submittal questions: Debbie Dillon, Director of Purchasing, ddillon@johnsoncitytn.org;

Technical questions: Anthony Todd, Traffic Engineering Manager, Public Works – Traffic, atodd@johnsoncitytn.org.

2. Submittal Consultants can submit electronic responses for Phase I evaluation per link below or place submittal response in a sealed envelope plainly identified on the outside with vendor name and submittal name and number. If submitting paper copies, submit 3 copies of entire response. Vendor responsible for delivery to Johnson City Purchasing Dept., Debbie Dillon- Director, 209 Water Street, Johnson City, TN 37601 on or before submittal deadline.

ELECTRONIC RESPONSES: CLICK HERE

Solicitations will be opened publicly via a web conference and in-person, simultaneously.

Zoom Meeting:

RFQu# 6928 - Design and NEPA Services for Knob Creek Road to Mizpah Hills Drive virtual opening

Meeting ID: 884 6598 4089 Passcode: 326524

If you do not have access to a webcam, or you have no audio with your system, you may call this number to join: (646) 518-9805. Any issues accessing the zoom web meeting please call 423.975.2711 for direct assistance.

mailto:ddillon@johnsoncitytn.org mailto:atodd@johnsoncitytn.org https://www.bidnetdirect.com/tennessee/cityofjohnsoncity https://us06web.zoom.us/j/88465984089?pwd=tbsIaafshaJcmEWapKtHbZK2zIbkEU.1 https://us06web.zoom.us/j/88465984089?pwd=tbsIaafshaJcmEWapKtHbZK2zIbkEU.1

It is the Proposer’s responsibility to ensure receipt of submittal at the Purchasing Department by the deadline. Late submittals will not be considered and will not be opened. Email, fax, or telephone responses will not be accepted.

A list of respondents will be available the following business day at 8:00 a.m. on the Johnson City Purchasing website:

https://www.johnsoncitytn.org/business/current___awarded_solicitations.php

3. Submittal Acceptance Submittals shall be valid for a minimum period of ninety (90) days from the date of receipt by the City.

The contents of any submittal received shall become the contractual obligations upon the execution of a contract by authorized representatives of both the City and the Vendor. Failure of the successful Vendor to accept these obligations may result in cancellation of the award.

The City reserves the right to reject any and all submittals and to waive informalities, irregularities, and technicalities in the submittal process.

The City may negotiate separately with any source in any manner necessary to arrive at a contract agreement that is in the best interest of the City and in accordance with TDOT form 1-3.

4. Phase I Evaluation For Phase I evaluations firms shall submit letters of interest with firm contact information including name, address and e-mail of primary contact. The letter of interest and qualifications shall indicate the scope of services to be completed by any sub-consultants.

From the letters of interest and qualifications (Phase I), the City of Johnson City will select 3 qualified firms to submit Phase II qualifications.

Letters of Interest shall also include:

• Past Experience with TDOT Local Programs projects (List specific project name, PIN, whether firm was prime or sub-consultant, project lead, and responsible staff by discipline.)

• Experience with state route or major arterial widening and realignment including NEPA work (List specific project name, whether firm was prime or sub-consultant, project lead, and responsible staff by discipline.)

• Summary of Professional Licensure and Qualifications of key staff to be assigned to the project (include subconsultants).

• Staff Availability and Capacity to complete the project by deadline.

• Unlimited prequalification status.

From Phase I submittals the City of Johnson City will select 3 qualified firms to submit Phase II qualifications https://www.bidnetdirect.com/tennessee/cityofjohnsoncity https://www.johnsoncitytn.org/business/current___awarded_solicitations.php

5. Phase II Evaluation The City of Johnson City will evaluate the top 3 firms based on the following criteria relative weight. From this list the top ranked consultant will be selected.

• Past experience with TDOT Local Programs projects (include detailed project descriptions, clients, dates performed, and your firm’s role as the prime or sub- consultant) (20 %)

• Experience with design of major road widening projects, including NEPA work (include detailed project descriptions, clients, dates performed, and your firm’s role as the prime or sub-consultant (20%)

• Qualifications and availability of key staff and sub-consultants that will be assigned to the project (include resumes) (20%)

• Proposed project schedule with milestones and ability to complete within allotted time (20%)

• Project understanding and technical approach (10%)

• Prior performance on City of Johnson City projects (10%)

Phase II Evaluations will include separate formal interviews. Competing consultants may be asked to bring additional information or examples of work. Virtual meetings are an allowable option upon request.

The firm selected to submit a formal proposal will be required to submit no later than 14 calendar days following the official notification of the firm’s selection by the selection committee. This shall be submitted electronically or received at the following address:

ddillon@johnsoncitytn.org or

Johnson City Purchasing Department

Attn: Debbie Dillon, Director of Purchasing

209 Water Street

Johnson City, TN 37601

The City is not liable for any costs incurred by Vendor prior to issuance of a contract.

6. Cost Negotiation Process Contract negotiation will commence with the proposer considered most qualified. If an agreement cannot be reached with proposer deemed most qualified, the City may proceed to negotiate with the firm considered the next most qualified. The City may continue this process until an agreeable contract is negotiated with a qualified consultant.

7. Addenda In the event it becomes necessary to revise any part of this RFQu, addenda will be provided from the City’s Purchasing Department, in writing, to all known Vendors who mailto:ddillon@johnsoncitytn.org received the original RFQu document. Any verbal communications are not binding.

Vendors are to acknowledge and include any such addenda in their submittal.

8. Requirements for Bids, Request for Proposals, and Contracts This solicitation, and any response to it, includes the City’s “Requirements for Bids, Requests for Proposals, and Contracts, etc.” and the “Sealed Solicitation General Terms and Conditions” attached hereto and set forth herein as if verbatim.

Prequalification procedures, example letter of interest, list of pre-qualified firms and certified DBEs, TDOT’s standard procurement policy, and additional information can be found at this internet address Consultant Prequalification Procedures (tn.gov). For information on prequalification, please contact TDOT.PSPrequals@tn.gov and refer to the NEPA Procedures Manual found on the TDOT website: NEPA Section (tn.gov).

Evaluation proceedings will be conducted within the established guidelines regarding equal employment opportunity and nondiscriminatory action based upon the grounds of race, color, sex, creed or national origin. Interested certified Disadvantaged Business Enterprise (DBE) firms as well as other minority-owned and women-owned firms are encouraged to respond to all advertisements by The City of Johnson City. For information on DBE certification, please contact David Neese at (615) 741-3681, (615) 253-1075 or David.Neese@tn.gov. Details and instructions for DBE certification can be found at the following website: https://www.tn.gov/tdot/civil-rights/small-business-development- program.html.

9. Rights and Options of the City of Johnson City The City reserves the following rights and options:

• Determine those Vendors who are most qualified;

• Reject any or all Submittals for any reason, waive irregularities in any

Submittal at its sole discretion

• Reject any or all Submittals, waive irregularities in any Submittal, accept or reject all or any part of any Submittal, waive any requirements of the

Request, at is sole discretion and as may be deemed to be in the best interest of the City;

• Extend or otherwise revise the timeline for submittals;

• Supplement, amend, or otherwise modify this RFQu;

• Request clarification and/or additional information from Vendors at any point in the Submittal process;

• Cancel this RFQu with or without the submission of another RFQu; and

• Issue additional solicitations for information and Submittals, and conduct investigations with respect to the qualifications of each respondent.

https://www.tn.gov/tdot/business-redirect/consultantinfo/consultantinfo-forms.html https://www.tn.gov/tdot/business-redirect/consultantinfo/consultantinfo-forms.html mailto:TDOT.PSPrequals@tn.gov https://www.tn.gov/tdot/environmental-home/nepa-programs-office/nepa.html mailto:David.Neese@tn.gov https://www.tn.gov/tdot/civil-rights/small-business-development-program.html https://www.tn.gov/tdot/civil-rights/small-business-development-program.html https://www.tn.gov/tdot/civil-rights/small-business-development-program.html

The firm selected to submit a formal proposal will be required to submit the following items with that proposal.

10. Insurance The attached Insurance Checklist (which includes a section for the Insurance agent to fill-out) and General Insurance Appendix Form that shall be completed and returned with proposal. A certificate of insurance, as specified, is required prior to contract release by Purchasing. Consultant must carry the insurance during the entire length of contract.

11. Drug-Free Workplace All proposers must execute the enclosed Drug Free Workplace Affidavit to verify compliance with TCA 50-9-113 and return same with bid response. Failure to comply with this requirement will declare that proposal non-responsive.

The City of Johnson City recognizes its responsibility to provide safe and efficient operations for our employees, our citizens and the general public. Our commitment to provide safe and efficient operations is shown by the implementation of programs and procedures which ensure compliance with appropriate safety measures, as well as the letter and intent of all applicable laws and regulations. There is sufficient evidence to conclude that the use of illegal drug/alcohol; drug/alcohol dependence and drug/alcohol abuse seriously impairs an employee’s performance and general physical and mental health. The illegal possession and use of drugs, alcohol and/or narcotics by employees of the City is a crime in this jurisdiction and is clearly unacceptable. Therefore, the City of

Johnson City has adopted this written policy to ensure an employee’s fitness for duty as a condition of employment; to ensure the drug tests and alcohol tests are conducted on safety-sensitive positions in the categories of: pre- employment, random testing, suspicion testing, and return-to-duty testing.

To comply with TCA Title 50 Chapter 9 Part 1, all bidders and/or proposers of service to the City must have a testing program of the same or better than the requirements of the City of Johnson City.

12. Payment Terms Payment is Net 30 days upon receipt of approved invoice.

13. Proprietary/Confidential Information Proposers are hereby notified that all information submitted as part of, or in support of, proposals will be available for public inspection, as appropriate, after opening of proposals, in compliance with City Policy & Tennessee statues.

14. Conflicts of Interest The Contractor warrants that no part of the total Contact Amount shall be paid directly or indirectly to an employee or official of the City of Johnson City or the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Grantee in connection with any work contemplated or performed relative to this Contract.

15. Nondiscrimination Contractor hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract or in the employment practices of Contractor on the grounds of handicap or disability, age, race, color, religion, sex, national origin, or any other classification protected by Federal, Tennessee State constitutional, or statutory law. The Contractor shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of discrimination.

RFQu # 6928 Design and NEPA Services for Knob Creek Rd (06040), From SR-354(Boones Creek Rd) to Mizpah Hills Drive

(IA)

Proposal Agreement Form

The undersigned hereby declares that no person or party other than the undersigned have any interest whatsoever in this proposal, that it is without any connection or collusion with any person or persons making or having made any proposal for the same product/service and without any previous understanding with such person or persons as to relative prices, obviating competition, and that it is made in good faith.

The undersigned also declares that they have carefully examined the scope of work relating to the service herein referred to, and fully understands the nature of the obligations proposed.

By signing this document, the undersigned hereby agrees to all other terms and conditions, including the attached Sealed Solicitation General Terms & Conditions and the City’s Requirements for Bids, Requests for Proposals, and Contracts Between the City of Johnson City and Other Parties and the Requirements of the Iran Divestment Act and Non-Boycott of Israel Act (Sealed Solicitations General Terms & Conditions #16 & #19) contained in this proposal and associated documents relating to this proposal and will furnish items as specified if this proposal is accepted. By submission of this proposal, each vendor and each person signing on behalf of any vendor certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder complies pursuant to T.C.A. § 12-12-106 & T.C.A. § 12-4-119.

BY: ______________________________________________________

Company

Name (typed)

Job Title (typed)

Signature

Date

ADDRESS: ____________________________________

TELEPHONE: ____________________________________

EMAIL: ____________________________________

This form must be signed by an authorized representative of the company

DRUG FREE WORKPLACE AFFIDAVIT

All vendors of construction services with five (5) or more employees must execute the attached Drug Free Workplace Affidavit to verify compliance with TCA 50-9-113 and return same with response. Failure to comply with this requirement will declare that submittal non-responsive.

City Of Johnson City, Tennessee - Policy No. HR-131

SECTION I – PURPOSE OF THE DRUG & ALCOHOL TESTING PROGRAM

The City of Johnson City recognizes its responsibility to provide safe and efficient operations for our employees, our citizens and the general public. Our commitment to provide safe and efficient operations is shown by the implementation of programs and procedures which ensure compliance with appropriate safety measures, as well as the letter and intent of all applicable laws and regulations. There is sufficient evidence to conclude that the use of illegal drug/alcohol; drug/alcohol dependence and drug/alcohol abuse seriously impairs an employee’s performance and general physical and mental health. The illegal possession and use of drugs, alcohol and/or narcotics by employees of the City is a crime in this jurisdiction and is clearly unacceptable.

Therefore, the City of Johnson City has adopted this written policy to ensure an employee’s fitness for duty as a condition of employment; to ensure the drug tests and alcohol tests are conducted on safety-sensitive positions in the categories of: pre-employment, random testing, suspicion testing, and return-to-duty testing.

To comply with TCA Title 50 Chapter 9 Part 1, all bidders and/or proposers of construction services to the City must have a testing program of the same or better than the requirements of the City of Johnson City.

Revised 10/6/2025

DRUG-FREE WORKPLACE AFFIDAVIT

State of

County of

I, , being duly sworn, depose, and say that:

1) I am a principal officer of , the firm that has submitted the attached or enclosed bid or proposal, my title being of the firm; and

2) I have personal knowledge of the policies of the above-named firm with respect to the maintenance of a drug-free workplace; and

3) I certify that all provisions and requirements of the Tennessee Drug-Free Workplace

Program, as established by Tennessee Code Annotated §§ 50-9-113 have been met and implemented.

(Signed)

(Title)

Subscribed and sworn to before me this day of , .

Title

My Commission expires

Complete and return with response package

CITY OF JOHNSON CITY, TENNESSEE

http://www.johnsoncitytn.org/purchasing

SEALED SOLICITATION GENERAL TERMS AND CONDITIONS

Read Carefully - if applicable or unless specifically noted otherwise in the solicitation documents

1. ACCEPTANCE, REJECTION AND POSTPONEMENT

Issuance of a bid/rfp/rfq does not commit the City to make an award. The City reserves the right to postpone or reject any or all bids/rfps/rfqs, to waive informalities and to accept the bid/rfp/rfq judged to be in the best interest of the City.

2. ADDENDA

Addenda will be issued to all known interested parties and posted on the City’s website (listed above). All addenda issued shall become part of the solicitation documents. It is the vendor’s responsibility to determine and acknowledge all addenda issued for a solicitation. No addendum will be issued less than two (2) working days prior to the solicitation opening as per TCA § 12-4-01 , as amended

3. AWARD

An award, if made, shall be to the lowest responsible, responsive bidder(s) or best solicitation meeting quality and performance standards as described in the solicitation documents and whose bid/rfp is determined to be in the best interest of the City. The City also reserves the right to award this product/service based on other contracts in-place (state or cooperative contracts), as may be in our best interest.

4. AWARD PERIOD

The City shall have 60 days to issue a contract. Any contract past that period must be mutually agreed upon by both parties.

5. BID TABULATIONS/RFP/RFQu RESPONSES

Bid tabulations and RFP/RFQu respondent’s lists will be posted and available no later than the next business day on our above website. Select “awarded/opened solicitations”. Award recommendations, when ready, will also be posted there.

6. BRAND NAMES

By referencing a brand name as “or approved equal”, the City intends to establish a minimum level of quality by which alternate offers can be judged.

If an alternate is offered, the vendor must include complete descriptive literature and specifications that clearly describe the item and how it differs from the referenced item. The City alone will determine whether an alternate is equivalent and meets the standards of quality and performance for the City’s use. A sample or demonstration may be required at the expense of the vendor.

7. CONDITION STANDARDS

It is understood and agreed that any item offered or shipped as a result of this solicitation shall be new and unused and the manufacturer’s latest model unless otherwise called for in the solicitation.

8. COOPERATIVE PROCUREMENT BY OTHER GOVERNMENTS “PIGGYBACK”

Other governmental entities in Tennessee may purchase goods and services under the same terms as Johnson City’s contracts or agreements as per T.C.A. § 12-3-1203. Johnson City does not accept any responsibility or involvement in this use by other public agencies.

9. DEFAULT

In case of contractor default or failure to provide material or service according to the solicitation, the City may cancel the contract and acquire from another source and may recover any excess cost by (1) invoice; (2) deduction from an unpaid balance due; (3) collection against the bid and/or performance bond; or (4) a combination of the aforementioned remedies or other remedies provided by law. All costs associated with default will be borne by the contractor. The City reserves the right to remove a company in default from the active vendor list for a time period to be determined by the Director of Purchasing.

10. EQUAL OPPORTUNITY

It is the policy of the City of Johnson City to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 CFR, Part 21; related statutes and regulations to that end that no person shall be excluded from participation in or be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or any other funding source on the grounds of race, color, sex, national origin, or ancestry. By virtue of submitting a response to this solicitation, vendors agree to comply with the same non-discrimination policy.

11. EVALUATION

Bids/RFPs/RFQs will be evaluated according to the criteria set forth in the solicitation with the degree of importance determined by the City.

12. EXAMINATION OF BIDS/RFPS/RFQS

Bids and associated documents may be examined at the opening. Only the name of the respondent is read aloud for RFP’s/RFQu’s. All solicitations are closed for review and inspection during the evaluation period, prior to award.

13. INDEMNIFICATION

The vendor shall guarantee and certify by submitting a response to this solicitation that if successful, they shall indemnify and defend the City against any and all claims or legal actions arising as a result of their performance of the contract, whether or not such claims relate to damages or alleged damages sustained by physical injury to contractors personnel, subcontractors, city employees or other persons, or against any lawsuits arising from alleged or actual patent infringements, and shall hold the City, its various departments, employees, and any and all persons or entities acting on its behalf harmless from the same.

14. INSPECTION

All supplies or materials purchased as a result of this solicitation are subject to inspection and rejection by the City. Rejected materials will be returned at the vendor’s expense.

15. INSURANCE

The contractor shall maintain, at their expense, such insurance as required by the solicitation. Such insurance shall protect the City for claims of damages which may arise during operations under this contract whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by either of them. Any required insurances shall be maintained for the term of the contract and beyond the term of the contract when so required in the solicitation.

16. IRAN DIVESTMENT ACT

Pursuant to Tenn. Code Ann. § 12-12-110 a person that is identified on a list created pursuant to § 12-12-106, as a person engaging in investment activities in Iran as described in . § 12-12-105 shall be ineligible to contract with any political subdivision of this State.

17. LICENSES, FEES, PERMITS

The contractor is responsible for furnishing the proper licenses, fees, and permits required by law to do business with the City of Johnson City in completion of the project. All work shall be done in accordance with the latest building codes, state and federal laws relative to the contract.

18. MULTIPLE ITEM AWARD

The City will determine the successful bidder(s) either on the basis of the individual line items or the total of all items. ALL OR NONE bids must be clearly identified on the bid form and will be considered only if in the City’s best interest.

19. NON-BOYCOTT OF ISRAEL ACT

Pursuant to the Non-Boycott of Israel Act Tenn. Code Ann. § 12-4-119 requires that contracts of $250,000+ to suppliers with 10 or more employees must certify that to the best of its knowledge and belief they are not boycotting Israel pursuant to Tenn. Code Ann. § 12-4-119 and will not during the full term of any award.

http://www.johnsoncitytn.org/purchasing https://law.justia.com/citations.html

20. NON-COLLUSION AGREEMENT

By submitting this solicitation, the agent representing all officers, partners, owners, representatives, employees or interested parties of the vendor’s firm certifies to the best of his/her knowledge and belief this bid/proposal to the City of Johnson City, Tennessee has not been prepared in collusion with any other seller, proprietor, or manufacturer of similar products or services. “Collusive bidding” refers to agreements and/or communications by vendors submitting bids/proposals to cooperate for the purpose of manipulating the competitive solicitation process. The agent also certifies that the prices, terms and conditions of said bid/proposal have been arrived at independently and have not been communicated by the submitter, nor by any of the aforementioned firm associate to any other seller, proprietor, or manufacturer of similar products or services and will not be communicated prior to the official opening of said solicitation. In the event the City of Johnson City identifies a vendor or vendors engaged in collusive bidding, the City of Johnson City may reject future submissions from identified vendor or vendors and/or prohibit future submissions from the same. The agent further states that no official or employee of the City of Johnson City has promised any personal, financial or other beneficial interest, either directly or indirectly, in order to influence award of this solicitation.

21. PARTS AND SERVICE

The successful vendor must be able to provide adequate parts and service for all items awarded. Service location and ability to perform may be a consideration in the award.

22. PAST PERFORMANCE

Vendor’s past performance may be a consideration in the awarding of this contract.

23. PRE-BID MEETING ATTENDANCE

If attendance is mandatory then only those firms whose names are listed on the pre-bid attendance roster are eligible to submit a solicitation.

24. PRICING

All pricing must appear in the spaces provided on the city’s form.. Any changes or corrections by the bidder/proposer must be initialed by the person signing. Unit prices will prevail in case of an extension error. The City will correct math computation errors (unit price & totals). No bid may be altered or amended after the bid opening. Obvious mistakes will be given special consideration upon receipt of written request and full disclosure or evidence regarding pricing error.

25. PROPRIETARY/CONFIDENTIAL INFORMATION

Vendors are hereby notified that all information submitted as part of, or in support of, bids/proposals will be available for public inspection after award, in compliance with Tennessee Statutes and any information marked as confidential will be reviewed for compliance.

26. PROTEST PROCEDURE

Any protest to the award of a contract by the City of Johnson City shall be submitted in writing to the Director of Purchasing with a copy to the City Manager and delivered not later than seven (7) calendar days from the date of the city's award decision (T.C.A. § 12-3-514 ), as amended. Such protest must include a protest bond in the amount of $350 (cashier’s check payable to the City of Johnson City) submitted to the Purchasing Director before the City will consider the protest. This protest bond will serve as a guarantee by the protester of the validity and accuracy of the protest. If the protest is denied by the City Manager the bond will be retained to cover costs associated with the protest.

27. QUESTIONS

No oral interpretations or instructions given by any city employee or any other person shall apply. Changes relative to any solicitation will be in writing, in the form of an addendum.

28. SAFETY STANDARDS

All manufactured items and fabricated assemblies shall comply with applicable requirements of OSHA/TOSHA and any related standards thereto.

29. SAMPLES

Samples, if required, will be furnished at no charge to the City. They will remain in the Purchasing Department for testing and evaluation until an award is made. Vendors are responsible for picking up their samples within two (2) weeks after the award. Samples not collected after that time shall become the property of the City. Samples from the successful vendor will be held until delivery is received and accepted as being equal to the sample.

30. SEALED SOLICITATION OPENINGS

Bids will be read aloud at the specified date and time as stated in the document. RFP’s/RFQ’S respondent names will be read aloud. All openings are public meetings. Bidders/proposers and interested persons are invited to attend. The City reserves the right to postpone any solicitation opening under circumstances warranting such action, including but not limited to instances when the City receives fewer than two responses.

31. SIGNATURES

When submitting a solicitation, other than electronically, the bid/proposal form must contain the full name and address of the company and be signed in Ink by a person authorized to bind that company to a contract. Submission of an electronic solicitation constitutes acceptance of all terms and conditions, digital signatures are allowed. Unsigned paper bids will not be considered, read or tabulated. They may not be signed during or after the bid opening, even if a representative is present.

32. SUBMITTAL OF SEALED BIDS/RFPS/RFQS

Any forms furnished by the city shall be completed and returned as specified in the solicitation, otherwise response may be considered as non-responsive. TELEPHONE, FACSIMILE OR E-MAIL RESPONSES WILL NOT BE ACCEPTED. Electronic receipt of bids/proposals is acceptable for those eligible for online submittal at: https://vrapp.vendorregistry.com/Vendor/Register/Index/johnson-city-tn-vendor-registration. Paper submittals shall be sealed in an envelope. No solicitation received after closing time shall be considered. The official time for paper submittals will be that of the date and time clock in the Purchasing Department. For electronic bids the official time is that posted on the website. Late submittals will not be accepted. The City of Johnson City shall not be responsible for technical difficulties experienced by vendors trying to register or submit their bid/rfp response electronically less than one hour prior to the bid/rfp opening time. If not offering a solicitation response, the vendor is encouraged to complete the ”Statement of Decline” form and return prior to the opening. Any document superfluously provided and not requested in the solicitation document may not be considered.

33. TAXES

The City is exempt from Federal excise tax, State, and city sales tax. Contractors are not exempt from the use tax on materials and supplies used in the production of an item or in the performance of a repair or construction contract. Tax exemption certificates will be furnished upon request.

34. TERM OF CONTRACT

Unless otherwise stated, the City reserves the right to purchase like items at the same contract price for a period of one year from the award date subject to agreement of both parties. The City may cancel any contract for cause, or non-appropriation of funds, following written notification of intent.

35. WARRANTY

Unless otherwise specified by the City, all items shall be guaranteed for a minimum period of one (1) year against defects in material and workmanship.

Revised March 7, 2025 https://law.justia.com/citations.html https://vrapp.vendorregistry.com/Vendor/Register/Index/johnson-city-tn-vendor-registration

REQUIREMENTS FOR BIDS, REQUESTS FOR PROPOSALS, AND CONTRACTS

BETWEEN THE CITY OF JOHNSON CITY

AND OTHER PARTIES

The City of Johnson City has established the following requirements for use in all bids and contracts between the City and any other person or entity. The following list is mandatory and modifies any bid, contract, or request for proposal, or conditions applicable to, signed by, or let by the City, notwithstanding anything contained in any particular conditions, contract, request for proposal, or bid to the contrary.

In general, the following provisions apply to all such contracts, bids, requests for proposals, contracts requiring bids, and bids containing contracts:

1. The City of Johnson City shall not answer to any contracting party for the furnishing of public records to a person requesting such in accordance with Tennessee law.

2. The City, while it may designate in writing a representative on a particular project, shall only be bound by a majority vote of the Board of Commissioners or by the limited authority delegated to the City Manager pursuant to City Ordinance. No personal representative of the City assigned to a particular project may bind it in excess of the dollar amounts granted to the City Manager by Ordinance, and no personal representative assigned to a particular project may bind the City for an amount equal to or less than the dollar amounts granted to the City Manager by Ordinance without the City Manager’s approval.

3. The City shall not in any event waive or limit any claims for damages including but not limited to consequential damages in any contract for any reason or purpose.

4. No decision of an architect, engineer, or personal representative of the City shall be final and binding on the City, unless the City so agrees in any dispute with any party including but not limited to an architect, a contractor, a subcontractor, an engineer, etc. If the City agrees to be bound pertaining to a dispute, then the monetary limits contained in the City’s ordinances regarding the authority of the City Manager shall prevail, and any amounts exceeding the authority of the City Manager shall be referred to the Board of Commissioners for their consideration.

5. The City shall not participate in any mediation or arbitration regarding any agreement to which it is a party, and all matters left unresolved between the City and any other party, person, or entity shall be resolved in a court of competent jurisdiction in either

Washington County, Tennessee, or in Federal District Court in Greeneville, Tennessee.

6. No party or other entity shall file a lien of any nature whatsoever against City property, real, personal, or mixed, no matter where that property is located. Should a party or entity contracting with the City or acting as a subcontractor or subsubcontractor file a lien against any property, real, personal, or mixed, owned by the City, then that party or entity shall take immediate steps at its own cost and expense to remove said lien, or the

City shall take such steps as it deems necessary and hold the other party or entity liable for any costs and attorneys’ fees associated with the lifting of said lien.

7. The City shall exercise its sole discretion before agreeing to any assignments of any contracts or subcontracts regarding any project in which the City is involved. No contract with the City shall be assignable without the City’s sole, discretionary, absolute consent.

8. The City shall not be required to supply any information regarding its title to any property in which it has an interest for any purposes regarding the filing of liens.

9. The City shall not waive any claims it has in the making of final payment in any project in which it is involved. The City shall have the right to terminate any agreement to which this document is attached at any time in its sole discretion with or without cause. In the event the City terminates with or without cause any agreement to which this document is attached, then in such event the City shall be liable only for the actual work and costs that have accrued at or before the date of the City’s termination. In no event shall the City be liable for lost profits, consequential damages or incidental damages in the event it terminates a contract with or without cause.

10. Except to the extent allowed by law, the City shall not indemnify and hold harmless any other party, entity, person, their agents, employees, or anyone else in the world for any reason whatsoever.

11. The City shall not waive the rights of subrogation of its insurers or itself for any purpose whatsoever, and the City shall not cause any such endorsements to be placed on any policies to which it is a party.

12. Unless the City elects otherwise, the City shall not provide any “builders’ risk” or an “all-risk” or equivalent policy for any reason whatsoever for any project in which the City has an interest, and the contractor or other such party shall assume this responsibility. That builder’s risk policy provided by the contractor or other such interested party shall name the City as an additional insured. The City shall not provide boiler and machinery insurance, but shall require such insurance as applicable, depending on the parameters of whatever project is involved. The cost of boiler and machinery insurance shall be borne by the appropriate contractor, subcontractor, or other interested party. The

City shall not insure the interests of any other person or entity, nor shall the City add any other person or entity as an additional insured to any of its policies.

13. The City shall not waive any rights regarding the loss of use of the City’s property.

14. As to acts or failures to act or any causes of action by any party to a contract, whether that party be the architect, owner, contractor, City, etc., a cause of action shall accrue according to Tennessee law. No contract provision shall shorten the statutes of limitations, statutes of repose, or the accrual of any causes of action which the

City might have against another party or entity. No contract provision shall waive any warranties, express or implied, nor shall any contract limit the standard of care for any particular service or undertaking to that of the locality where those services or undertakings are performed.

15. Any interest to be paid by the City of Johnson City for late payments shall be at the rate of interest at which the City pays on its most recently issued bonds.

16. The City reserves to itself the right to approve the use of any tests, including but not limited to any borings, test pits, geotechnical work, environmental tests, and the like in its own sole discretion. All design professionals, consultants, subcontractors, or the like shall be duly licensed in the State of Tennessee, if licensure in the State of Tennessee is required for the work to be performed by such design professional, consultants, or subcontractors.

17. Notwithstanding any applicable choice of law or conflict of law provisions or decisions, the law of the State of Tennessee shall govern all contracts to which this document is attached.

18. The City of Johnson City shall not provide any legal advice, legal services, surveys, or procure the same for any other party.

19. Upon payment for services as rendered, all design documents and all instruments of service created by design professionals, including but not limited to architects, landscape architects, engineers, etc., shall become the property of the City of

Johnson City, Tennessee. The City of Johnson City shall be allowed to use all design documents and instruments of service, including but not limited to bid drawings, shop drawings, reports, specifications, cost estimates, schematic designs, construction designs, and the like for future additions or alterations to the current project or for use in other projects. Any use of the aforementioned designs and construction documents shall be at the City’s sole risk and without liability to the design professional. The design professional’s name and seal will be removed from all such design documents prior to the

City’s use thereof.

20. The City, as the owner of real property that is the subject of or in any way connected to any bid, request for proposal, or contract, hereby grants to the successful bidder/proposer/contractor the general management of the real property during the time that work is being performed, and the City agrees to transfer information specified in

OSHA regulations at 29 CFR §1926.1203(h)(1), so that TOSHA/OSHA shall treat the successful bidder/proposer/contractor as the host employer when working in confined spaces. This paragraph applies only to those areas where the successful bidder/proposer/contractor has access to and performs work within confined spaces as defined in federal OSHA regulations. The successful bidder shall comply with all federal

OSHA and state TOSHA regulations, including those regarding confined spaces.

September, 2017

STATEMENT OF SOLICITATION DECLINE

City of Johnson City, Tennessee

NOTE: If you do not intend to respond to this solicitation, please complete and return this form on or before the stated deadline to Purchasing Department, 209 Water Street, Johnson City, TN 37601 or via e-mail: purchasing@johnsoncitytn.org .

If you do not offer this product/service please remove from your vendor profile.

We value your feedback and ask that you complete the following:

Solicitation No.: # Solicitation Name:

We, the undersigned, decline to submit on the above solicitation for the following reason(s):

Insufficient time to adequately prepare a response

Our company does not offer this product or service.

Our schedule will not permit us to perform in a timely manner

We are unable to meet bond requirements

We are unable to meet insurance requirements

We are unable to offer comparable product or service

We are unable to meet specifications (explain below)

We understand that if this statement is not completed and returned, our company may be deleted from the City’s solicitation list for this commodity or service.

Company Name:

Address:

Signature:

Telephone:

E-mail:

Date:

Revised November 2023 mailto:purchasing@johnsoncitytn.org

INSURANCE CHECKLIST

(Engineering/Consultant Services –PW Traffic – Knob Creek Rd to Mizpah Hills Dr.)

REQUIRED COVERAGE (marked by “x”) MINIMUM LIMITS

X 1. Worker’s Compensation (proprietor/partners/executive officers exclusion not allowed) . . . . . . . . . . . . . . Statutory limits of Tennessee and Employer's Liability . . . . . . . . . . . . . . . . . . . . . . $100,000/accident, $100,000/disease, $500,000/disease policy limit X 2. Commercial General Liability (including Premises/Operations) . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate X 3. Automobile Liability & Owned/Hired/Non-Owned Vehicles . . . . . . . . $1,000,000 BI/PD each accident, Uninsured Motorist X 4. Independent Contractors . . . . . . . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate X 5. Products/Completed Operations . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate X 6. Contractual Liability . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate X 7. Personal and Advertising Injury Liability . . . . . . . . . . . . . . . . . . . . . $1,000,000 each offense, $1 Million annual aggregate X 8. Umbrella Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million Bodily Injury, Property Damage and Personal Injury

9. Per Project Aggregate

10. Professional Liability X a. Architects and Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

b. Asbestos Removal Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2 Million per occurrence/claim

c. Medical Malpractice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

d. Medical Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

11. Miscellaneous E & O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

12. Motor Carrier Act End. (MCS-90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million BI/PD each accident, Uninsured Motorist

13. Motor Cargo Insurance

14. Garage Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million Bodily Injury, Property Damage per occurrence

15. Garagekeepers Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000 Comprehensive, $500,000 Collision

16. Inland Marine-Bailee's Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $_______________

17. Moving and Rigging Floater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to CGL

18. Dishonesty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $_______________

19. Builder's Risk/Installation Floater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provide coverage in the full amount of contract

20. XCU Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to CGL X 21. Carrier Rating shall be Best's Rating of B++V or better or its equivalent X 22. Notice of cancellation, non-renewal or material change in coverage shall be provided to City at least 30 days prior to action. Worker’s Compensation and/or non-payment of premium - notification may be 10 days prior to action.

X 23. The City of Johnson City shall be named as Additional Insured on all policies except Worker’s Compensation, Auto and

Professional Liability. Policies must be endorsed to incl. on-going & completed operations; must submit copy of endorsement(s). (Cert. Holder: City of Johnson City, Attn: Purchasing, P.O. Box 2150, Johnson City, TN 37605. Email:

purchasing@johnsoncitytn.org.)

X 24. Certificate of Insurance shall show project number or other contract identifier used by the City.

25. OTHER INSURANCE REQUIRED:

INSURANCE AGENT'S STATEMENT:

I have reviewed the above requirements with the bidder named below. The bidder has coverage with this agency for all of the areas marked with the exception of the following numbers:

_____ _____ _____ _____ _____ _____ Comments: _______________________________________________

Is Professional Liability excluded under General Liability? Yes_____ No_____ Is Contractual Liability excluded under Comm. General Liability? Yes_____ No_____ Is Independent Contractors excluded under Comm. General Liability? Yes_____ No_____

Carrier ratings: Insurer A________; Insurer B________; Insurer C________; Insurer D________

AGENCY NAME: ________________________________ AUTHORIZED SIGNATURE: ______________________________

Date: ______________________________

CONTRACTOR’S STATEMENT:

I have reviewed the above requirements with my insurance agent(s) and, if awarded a contract, will provide all coverage marked.

CONTRACTOR’S NAME: ______________________________ AUTHORIZED SIGNATURE: ___________________________

Date: _____________________________ AUTHORIZED (Printed):

Solicitation Number: RFQu # 6928

Solicitation or Project Name: Engineering/Consultant Services –PW Traffic – Knob Creek Rd to Mizpah Hills Dr.

This form and the General Insurance Appendix shall be signed and returned with the submittal package . The Certificate of Insurance must be provided to Purchasing prior to contract award.

Insurance Guide – Prof. Lia.

Revised 3/17/2026

GENERAL CONTRACT FORM

The General Insurance Appendix is included in every solicitation requiring insurance. The general requirements of the contract form are supplemented by items checked on the Insurance Checklist that identify specific requirements for the bid or project.

INSURANCE

Review this section carefully with your insurance agent or broker prior to submitting a bid or proposal. See Insurance Checklist (part of the Bid Forms) for specific coverage applicable to this contract. The term “Contract” as used in this section shall mean the Agreement covering the work that is entered into between the City of Johnson City, Tennessee and the Vendor.

1. General Insurance Requirements:

1.1 The Vendor shall not start work under this contract until the Vendor has obtained at its own expense all of the insurance called for hereunder and such insurance has been approved by the City; nor shall the Vendor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Vendor.