Asphalt Depression Remediation at Five Points Phase 3 2601.pdf

Asphalt Depression Remediation at Five Points Phase 3

Invitation for Sealed Bids

Solicitation Name / Number Asphalt Depression Remediation at Five Points Phase 3 #2601

Upload Responses By 11:00 a.m. on July 23, 2025

Click here To Upload Responses

• Responses must be submitted via the Vendor Registry platform as ONE document.

• All bids must be on KCDC’s forms and all KCDC forms must be submitted.

• When uploading bids, be sure to upload all required solicitation documents.

• Bids delivered by email, fax, USPS or in person WILL be rejected.

Click here To Post Questions About this Solicitation

• Deadline: 8:00 p.m. July 16, 2025

• KCDC will NOT accept questions via email or phone.

Pre-Bid Meeting

• None are scheduled

Bid Opening

• This bid will be “opened” electronically and interested parties may attend via

Zoom. For the link, email procurementinfo@kcdc.org.

Award Results Click here

• KCDC posts the award decision on its website. Please click the link above.

Open Records / Public Access to Documents

• All documents provided to KCDC are subject to the Tennessee Open Meetings Act (TCA 8-44-101) and open records requirements.

https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=e33a3f2a-ddf5-45c0-a7d2-2dc35fcbe696 https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=e33a3f2a-ddf5-45c0-a7d2-2dc35fcbe696 mailto:procurementinfo@kcdc.org https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=e33a3f2a-ddf5-45c0-a7d2-2dc35fcbe696

General Information

1. Background and Intent

a. Knoxville's Community Development Corporation (“KCDC”) is the public housing authority for the City of Knoxville and for Knox County in Tennessee. KCDC’s affordable housing portfolio includes more than 26 properties with approximately 3,600 dwelling units. In addition to operating its public housing apartments, KCDC oversees approximately 4,097 Section 8 Vouchers and 76 Moderate Rehabilitation units.

Additionally, KCDC serves as the redevelopment agency for the City of Knoxville, managing redevelopment areas, TIFs, and PILOTs.

b. Definition/Clarification: KCDC uses “suppliers” as inclusive of various words describing interested parties often called “bidders,” “contractors,” “firms,” “proposers” and “vendors.”

c. KCDC wants a well-qualified supplier to remediate an area of asphalt depression at

KCDC’s site called Five Points Phase 3 (office located at 381 McConnell Street 37915).

The supplier shall furnish all labor, materials and equipment to remediate the asphalt depression as detailed in the description of services section herein.

d. Interested suppliers may visit the site at their convenience.

2. Bonds

Bid, payment and performance bonds are required if the bid exceeds $100,000 in value. The supplier will include all bonding costs in the base bid. Bonding requirements include:

a. A bid bond from each supplier equivalent to five percent of the bid price. The bid bond must be uploaded with the bid. Bid bonds will not be returned until a contract is signed.

b. Performance and payment bonds for 100% of the contract price (upon award).

c. All bonding companies must be listed in the Federal Register, Department of the Treasury Fiscal Service, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies; Notice. Companies licensed to do business in the State of Tennessee must issue all required bonds.

3. Changes after Award

KCDC reserves the right to make changes after award upon consultation with the supplier.

Should additional costs arise, the supplier must document increased costs. KCDC reserves the right to accept or reject and negotiate these charges. Changes will not be of a “cardinal” nature.

4. Codes and Ordinances

All work covered is to be performed in full accord with national, state and local codes, ordinances and orders that are in effect at the time the work is performed.

5. Contact Policy

Only contact KCDC’s Procurement Division about this solicitation from the issuance of this solicitation until award. Information obtained from an unauthorized officer, agent, or employee will not affect the risks or obligations assumed by the supplier or relieve the supplier from fulfilling any of the conditions of the resulting award for this project. Such contact can disqualify the supplier from the solicitation process.

6. Contract/Award Approval

The resulting contract is subject to KCDC’s Board approval if it exceeds $100,000.

7. Damage

The awarded supplier is responsible for any and all damage to buildings, equipment, grounds, premises and all other types of potential damage resulting from the provision of the services requested herein.

8. Employees

Supplier will:

a. Provide at least one employee on every job assignment with the ability to speak, read, write and understand English so owner’s staff can communicate effectively with them.

b. Ensure that employees have proper identification displayed while on the job site.

Employees, while on site, must wear a company uniform or have photo identification displayed.

c. Ensure employees parking vehicles (whether corporately or privately owned) have company identification on the vehicles. This may be placards on the vehicle, laminated paper with the company name placed on the dashboard or other means.

d. Allow only personnel thoroughly trained and skilled to work on the job.

e. Provide sufficient employees to complete the work in a timely manner.

f. Not allow employees to be on KCDC premises unless they are working on a KCDC project.

Acquaintances, family members, assistants or any person not working on KCDC’s behalf will not accompany employees on KCDC sites.

9. Equipment

Supplier shall provide all necessary equipment, materials, supplies, et cetera needed for the work. Include the cost for such equipment, materials and supplies in the price quoted. KCDC staff is not to be asked for the loan of equipment.

10. Evaluation

KCDC will award on a “lowest and best” basis. KCDC alone determines (using the National Institute of Governmental Procurement’s definition and other relevant sources as appropriate) the supplier’s “responsive” and “responsible” status prior to award.

Responsible means a business with the financial and technical ability to perform the requirements of the solicitation and subsequent contract.

11. General Instructions

KCDC’s General Instructions to Suppliers are at www.kcdc.org. Click on “Procurement” and the link to the instructions. The supplier’s submittal means acceptance of the terms and conditions found in KCDC’s “General Instructions to Suppliers.” The following paragraphs in the General Instructions to Suppliers do not apply: 18, 46a, 46c, 46d, 46e, 46f, 59 and 67.

12. Insurance

a. See Appendix 1. These insurances and levels are required and not optional. If you or your insurance agent have concerns or believe that some coverages are not necessary, email procurementinfo@kcdc.org detailing any requested changes before this solicitation’s due date. The supplier will include all insurance costs in the base bid.

b. Note that KCDC’s Insurance Appendix has changed and now requires your signature and certification as well as that of your insurance agent(s).

c. Upon notice of intent to award, your insurance agent will email the proposed Certificate of Insurance (COI) to procurementinfo@kcdc.org for review.

http://www.kcdc.org/

13. Invoicing and Ordering

KCDC’s Invoicing Standards are at www.kcdc.org. Click on “Procurement” and the link to the Invoicing Standards. The supplier’s submittal of a bid means acceptance of KCDC’s invoicing standards.

14. Licensure

a. Suppliers must be properly licensed by the State of Tennessee and all other authorities having authority. Throughout the term of this contract, the supplier shall keep the required licensure.

b. In addition to any City or County licenses that may be required, all suppliers must be licensed contractors as required by the “Contractor’s Licensing Act of 1994” as mandated by the State of Tennessee. The supplier must have the necessary licensing classifications as required by the Rules of the Tennessee Board for Licensing General Contractors.

15. Liquidated Damages

Liquidated damages shall apply at $100.00 per calendar day for each day beyond the scheduled completion date and such provision shall be included in the contract for construction. However, KCDC will consider explanatory information if it provides a valid reason for delays in schedule.

16. Materials and Workmanships

All materials and equipment furnished shall be new and of high quality. Work shall be accurate, skilled and subject to KCDC’s approval. All materials and equipment provided shall conform to regulations of enforcement bodies having jurisdiction.

17. Measurements and Drawings

Complete responsibility for the final determination of dimensions lies with the supplier. The supplier shall verify all dimensions with the actual on-site conditions.

18. Permits

The supplier shall obtain and pay for all permits required to complete authorized work.

19. Representations

By submitting a response, the supplier represents and warrants:

a. That the supplier is financially solvent and that it is experienced in and competent to perform the type of work, and/or to furnish the personnel, plans, materials, supplies or equipment to be performed or furnished by it; and

b. That the supplier is familiar with all federal, state, municipal and county laws, ordinances and regulations, which may in any way affect the work of those employed therein, including but not limited to any special acts relating to the work or to the project of which it is a part; and

c. The failure or omission of the supplier to receive or examine the solicitation document or any part of the specifications, or to visit the sites and acquaint themselves with the nature and location of the work, the general and local conditions and all matters which may in any way affect performance will not relieve the supplier of any obligation to perform as specified herein.

d. By submitting a response to this solicitation, each supplier is certifying that they have inspected the site and have read the solicitation and all appendices and addenda.

20. Responsibilities

At no expense to KCDC, the supplier(s) will:

a. Provide quality control for all services provided

b. Provide competent supervision

c. Provide competent workers

d. Take precautions necessary to protect persons or property against injury or damage and be responsible for any such damage, or injury that occurs as a result of their fault or negligence

e. Perform work without unnecessarily interfering with the activities of KCDC, residents or other suppliers.

21. Safety/OSHA Guidelines Compliance

Suppliers shall:

a. Be responsible for providing and for the placement of barricades, tarps, plastic, flag tape and other safety/traffic control equipment required to protect the public, surrounding areas, equipment and vehicles.

b. Ensure that the flow of vehicular traffic be impeded as little as possible during the project. The safety of the public is of prime concern to KCDC, and all costs associated are the responsibility of the supplier.

c. Ensure that its employees exercise all necessary caution and discretion to avoid injury to people or damage to property.

d. Protect all buildings, appurtenances and furnishings from damage, which might be done or caused by work performed under this award. Such damage to the foregoing shall be repaired and/or replaced by approved methods to restore the damaged areas to their original condition at the sole expense of the supplier.

e. Perform scope of work in accordance with all applicable OSHA standards including but not limited to: CFR1910.144, CFR1910.145, and CFR1926.200. At no additional cost to KCDC, caution and, or danger tape as well as proper signage shall be posted on-site at any time work is being performed or a potential hazard is present to workers, KCDC tenants, KCDC staff, or to the general public.

f. Comply with all other applicable OSHA and TOSHA safety standards.

22. Security

The successful supplier is responsible for providing all security for equipment, materials, personnel and tools required for this work. KCDC is not responsible for damage or losses to equipment, materials, personnel or tools.

23. Site Visit

All prospective supplies are strongly encouraged to visit the site to ensure they fully understand the scope of work. The supplier shall make such investigations as they may see fit so that they may fully understand the site, difficulties and restrictions attending the execution of the work.

24. Small Business Outreach

KCDC requires the successful supplier to reach out to small businesses, minority owned businesses and woman owned businesses for goods and subcontracted services to fulfill this award. This does not mean that the supplier must subcontract to the aforementioned businesses but that they must be included when the supplier seeks subcontractors.

In addition to the successful supplier reporting on dollars spent with such businesses each January, KCDC expects outreach that results in actual subcontracting arrangements with such suppliers.

25. Smoke Free Policy

KCDC’s Smoke Free policy is applicable to you, your employees and subcontractors. The policy mandates:

• No smoking on KCDC’s property

• No e-vape or similar usage on KCDC’s property

• The Smoke Free policy applies in personal or corporate vehicles on KCDC’s property

26. Storm Water and Street Ordinances

The City of Knoxville’s Storm Water and Street Ordinances apply to this solicitation. The successful supplier will comply with all aspects of the City’s ordinances. Compliance includes but is not limited to:

a. Retaining all sediments on the project site using structural drainage controls. The cost of all drainage controls shall be considered incidental to the work.

b. Construction or demolition related materials, wastes, spills, or residues shall not be discharged from the project site to streets, drainage facilities or adjacent properties by wind or runoff.

c. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site.

d. Eliminate erosion from slopes and channels by implementing Best Management Practices (BMPs) that may include, but not limited to, limiting grading scheduled during the wet season, inspecting graded areas during rain events, planning and maintaining vegetation on slopes, and covering erosion susceptible slopes.

e. Additional information about NPDES, BMPs, and Land Development Manual is on the City of Knoxville’s Storm water Engineering Division webpage. To access the additional information, go to Stormwater Engineering Division - City of Knoxville.

f. Supplier shall be responsible for all work, remediation, repair, and monetary penalties or fines arising out of a Notice of Violation of the City of Knoxville’s Storm water and Street Ordinances. The supplier shall be charged any cost incurred by KCDC to install structural drainage controls or remedy a Notice of Violation. KCDC shall also charge a $100 fee per violation for related administrative costs.

https://www.knoxvilletn.gov/government/city_departments_offices/engineering/stormwater_engineering_division

27. Subcontractors

Subcontractors must:

a. Be approved by KCDC prior to beginning work

b. Not be on HUD’s nor the State of Tennessee’s debarment lists

c. Carry the insurance coverages as outlined herein

d. Not be changed without KCDC’s permission.

28. Weather

Since this solicitation calls for liquidated damages if the supplier exceeds the guaranteed number of days for completion, allowances are needed for excessive inclement weather.

a. Extensions of Contract Time

If the basis exists for an extension of time in accordance with this solicitation, then an extension of time based on weather may be granted only for the number of weather delay days in excess of the number of weather days listed as the Standard Baseline for that month.

b. STANDARD BASELINE FOR AVERAGE CLIMATIC RANGE

The Standard Baseline is the normal and anticipated number of calendar days for each month during which adverse weather will prevent activity. Suspension of activity for the number of days each month as listed in the Standard Baseline is to be included in the work and not eligible for an extension of the contract time. The baseline is:

JAN FEB MAR APR MAY JUN JULY AUG SEP OCT NOV DEC

10 10 10 10 11 8 11 7 9 7 8 12

c. ADVERSE WEATHER AND WEATHER DELAY DAYS

1. Adverse weather is the occurrence of one or more of the following conditions which prevents only exterior activity or access to the site within a twenty-four-hour period:

a. Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10”) liquid measure.

b. Temperatures which do not rise above 32 degrees Fahrenheit by 10:00 a.m.

c. Standing snow in excess of one inch (1.00”).

2. Adverse weather may include, if appropriate, “dry-out” or “mud” days when all of the following are met:

a. For rain above the Standard Baseline.

b. Only if there is a hindrance to site access or site work, such as excavation, backfill, and footings.

c. At a rate, no greater than one make-up day for each day or consecutive days or rain beyond the Standard Baseline that total 1.0 inch or more liquid measure, unless specifically recommended otherwise by the owner.

3. A weather delay day occurs only if adverse weather prevents work on the project for 50 percent or more of the supplier’s scheduled workday, including a weekend day or holiday if the supplier has scheduled construction activity that day.

d. Documentation and Submittals

1. Submit Daily Jobsite Work Log showing which and to what extent activities were affected by weather on a monthly basis.

2. Submit actual weather data to support a claim for the time extension obtained from nearest NOAA weather station or other independently verified source approved by the owner at the beginning of the project.

3. Maintain a rain gauge, thermometer, and clock at the jobsite. Keep daily records of precipitation, temperature, and the time of each occurrence throughout the project.

4. Use the Standard Baseline data provided in this section when documenting actual delays due to weather in excess of the average.

5. Organize claim and documentation to facilitate evaluation on a basis of calendar month periods, and submit in accordance with the procedures for claims established by the owner.

e. Approval by Owner

1. If the extension of the contract time is appropriate, it will occur in accordance with the provisions of this solicitation.

2. Extra costs shall not be incurred by the owner for any extra time increase to the contract.

29. Work Hours

Acceptable work hours are Monday through Saturday from 7:30 a.m. until 5:00 p.m.

However, the supplier must understand KCDC’s staff will not be on site or readily available after 4:00 p.m. during the workweek nor at all on Saturdays. Work on Sundays or holidays requires KCDC’s advance approval.

General Infor Description of Work

30. Observations Concerning the Depression

The existing pavement appears to have been constructed to typical construction standard.

However, the “fill” materials appear to be settling causing distress, especially near the previously remediated area.

31. Remediation Steps include

The supplier shall provide/conduct/arrange:

a. A minimum undercut and replacement of two feet of unsuitable materials and bridging with either shot rock (rip rap) fill or dense graded aggregate and geogrid.

b. The removal of the existing pavement section (asphalt and crushed aggregate base stone) and replacement using a new pavement section for long term repair. Given the extent and likely cause of the observed distress, the remediation area shall extend approximately five feet into the previously remediated pavement to the stormwater drain in the vicinity of boring B-1.

c. After excavations reaches the planned new pavement subgrade elevation, have the soil subgrade evaluated by a geotechnical engineer or their representative.

d. Sawcut and remove the existing asphalt and crushed aggregate from the remediation area (approximate area approximately 2,500 square feet).

e. Excavate a minimum of three feet below existing pavement elevation. The final depth is to be determined during observations and excavations. It must not extend below the existing utilities.

f. The area is to be filled with shot rock fill or dense graded aggregate to approximately -one foot from the existing grade (or to the bottom of the pavement section).

g. Place a layer of geotextile, such as Tensar BX1100 or TX140 (or equivalent) between the shot rock and the recommended aggregate base.

h. Place and compact the recommended new asphalt pavement section with positive drainage flow towards the existing stormwater drain at the northern portion of the remediation area.

32. Materials

a. Dense graded aggregate (DGA) fill may be used as backfill in undercut excavations. The DGA used shall be Type A and Grading D or E in accordance with Section 903.05 of the Tennessee Department of Transportation (TDOT) specifications. The DGA fill shall be placed in loose, horizontal lifts not exceeding eight inches in loose thickness. Each lift should be compacted to at least 98 percent of maximum dry density per the standard Proctor method (ASTM D 698). Each lift should be compacted, tested by geotechnical personnel and approved before placing subsequent lifts.

b. AASHTO flexible pavement design methods have been utilized for pavement recommendations. This assumes that the subgrade has been properly prepared as described previously which will require subgrade stabilization to improve support conditions at this site.

c. Use a base stone equivalent to Type A and Grading D in accordance with Section 903.05 of the TDOT specifications. The bituminous asphalt pavement shall be Grading "E" as per Section 411 for the surface mix and Grading “BM” as per section 307 for the binder mix. Compaction requirements for the crushed aggregate base and the bituminous asphalt pavement shall generally follow TDOT specifications.

d. Supplier shall use following flexible pavement sections:

Table 1-Flexible Pavement Recommendations Pavement Materials Light-Duty (inches)

Bituminous Asphalt Surface Mix 2.0 Bituminous Asphalt Base Mix 2.0 Compacted Crushed Aggregate Base 8.0

33. Substitutions

If you wish to have another type of materials approved or to have a different procedure approved, send the information about it to procurementinfo@kcdc.org (at least ten days in advance of the due date) and request that it be approved. Upon approval, notice will be posted for all to see on KCDC’s webpage.

34. Timeline for Completion

The supplier shall be substantially complete with the work within seventy calendar days of the date of the notice to proceed.

This and the preceding pages do not need to be returned to KCDC.

Solicitation Document A General Information about the Supplier and Cost Note: Complete all cells even if the answer if “Does not apply”

Sign Your Name in the field to the right If completing this document in Adobe, an electronic signature is acceptable to KCDC.

Your signature indicates you, reviewed Solicitation Package, agree to “KCDC’s General Instructions to Suppliers” (www.kcdc.org), the information you provided is accurate and you are authorized to contractually bind the supplier.

Printed Name and Title

Legal Corporate Name

Street Address

City/State/Zip

Contact Person (Please Print Clearly)

Telephone Number

Cell Number

Supplier’s E-Mail Address (Please Print Clearly) Addenda and Questions

Questions raised during the bidding process are posted and answered on KCDC’s portal. Suppliers must review these before uploading responses. Once these have been reviewed, certify so below:

I have read all the posted Questions and Answers: Yes ☐ Addenda are at www.kcdc.org. Click on “Procurement” and then on “Open Solicitations” to find addenda. Please check for addenda prior to submitting a bid.

Acknowledge addenda have been issued by checking below as appropriate:

None ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐

Statistical Information (Check a box in each of the next four lines)

1. This business is at least 51% owned and operated by a woman Yes ☐ No ☐

2. This business qualifies as a small business by the State of Tennessee Total gross receipts of not more than $10,000,000 average over a three-year period OR employs no more than 99 persons on a full-time basis

Yes ☐ No ☐

3. This business is at least 51% owned and operated by a veteran Yes ☐ No ☐

4. This business is owned & operated by persons at least 51% of the following ethnic background:

Asian/Pacific

Black

Hasidic Jew

Hispanic

Native American ☐ White

Corporation

Prompt Payment Discount Statement A ____% prompt payment discount applies when KCDC makes payment in ____ days of invoicing.

Total Project Cost $

Calendar Days Required to Complete the Work Days

Solicitation Document B Affidavits

Conflict of Interest

1. No commissioner or officer of KCDC or other person whose duty it is to vote for, let out, overlook or in any manner superintend any of the work for KCDC has a direct interest in the award or the supplier providing goods or services.

2. No employee, officer or agent of the grantee or sub-grantee will participate in selection, or in the award or administration of an award supported by federal funds if a conflict of interest, real or apparent, is involved. Such a conflict arises when the employee, officer or agent, any member of his immediate family, his or her partner, or an organization, which employs, or is about to employ, any of the above, has a financial or other interest in the supplier selected for award.

3. The grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from suppliers, potential suppliers, or parties to sub-agreements.

4. By submission of this form, the supplier is certifying that no conflicts of interest exist.

Drug Free Workplace Requirements

5. Private employers with five or more employees contracting for construction services attest that they have a drug-free workplace program in effect in accordance with TCA 50-9-112.

Eligibility

6. The supplier is eligible for public contracts because no convictions, guilty pleas or pleas of nolo contender to violations of the Sherman Anti-Trust Act, mail fraud or state criminal violations with the State of Tennessee or any political subdivision thereof have occurred.

General

7. Supplier fully understands the preparation and contents of the attached offer and of all pertinent circumstances respecting such offer.

8. Such offer is genuine and is not a sham offer.

Iran Divestment Act

9. Concerning the Iran Divestment Act (TCA 12-12-101 et seq.), by submission of this bid/quote/proposal, each supplier and each person signing on behalf of any supplier certifies, and in the case of a joint bid/quote/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 supplier is not on the list created pursuant to § 12-12-106.

Accuracy of Electronic Copies

10. If the supplier provides electronic copies of the bid/proposal/quote to KCDC, the supplier certifies that the information provided on paper and in the electronic format is identical unless specifically noted otherwise.

General

11. Neither the said supplier nor any of its officers, partners, owners, agents, representatives, or employees, including this affiant, has in any way colluded conspired, connived or agreed, directly or indirectly, with any other responder, supplier, or person to submit a collusive or sham offer in connection with the award or agreement for which the attached offer has been submitted or to refrain from making an offer in connection with such award or agreement, or collusion or communication or conference with any other supplier, or, to fix any overhead, profit, or cost element of the offer price or the offer price of any other supplier, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against KCDC or any person interested in the proposed award or agreement.

12. The prices quoted in the attached offer are fair, proper and not tainted by any collusion, conspiracy, or unlawful agreement on the part of the supplier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

No Contact/No Advocacy Affidavit

13. After this solicitation is issued, contact initiated by any supplier with any KCDC representative concerning this solicitation is prohibited-except for communication with the Procurement Division. My signature signifies that no unauthorized contact occurred.

14. To ensure the integrity of the review and evaluation process, respondents to this solicitation nor any firm representing them, may not lobby or advocate to KCDC staff or Board members.

My signature signifies that no unauthorized advocacy occurred.

Non-Boycott of Israel Affidavit (TCA 12-4-1 et seq.),

15. Each supplier and each person signing on behalf of any supplier certifies, and in the case of a joint bid/quote/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 supplier is not boycotting Israel pursuant to § 12-4-1 and will not during the term of any award. Applicable only to contracts of $250,000 or more and to suppliers with 10 or more employees.

The undersigned hereby acknowledges receipt of these affidavits and certifies that the submittal in response to this solicitation is in full compliance with the listed requirements.

Failure to properly acknowledge issues concerning the above is grounds for bid rejection and may subject the signer to penalties as directed by the appropriate laws.

Signed By Printed Name Title

Solicitation Document C Insurance Agent’s Statement and Certification

I certify that I have reviewed the insurance requirements Appendix with the supplier named below and have told the supplier that the required coverages will be available without exception if they are awarded this solicitation.

Insurance Agency 1 Name: ________________________________________________________

Agent’s Certifying Signature: _________________________________________________

Insurance Agency 2 Name: ________________________________________________________

Insurance Agency 3 Name: ________________________________________________________

Bidder’s Statement and Certification:

I certify that:

1. I have reviewed these requirements with my insurance agent(s).

2. If awarded the contract, I and my subcontractors (if any) will comply with the insurance requirements herein WITHOUT exception.

3. I and my insurance agency take no exceptions to the listed insurance requirements.

4. My subcontractors (if any) take no exceptions to the listed insurance requirements.

Supplier’s Name: ____________________________________________________

Supplier’s Certifying Signature: _________________________________________________

Falsification of information on this page can result in bid rejection and debarment from KCDC business for three years as well as a recommendation for debarment from receiving any federally funded work for three years.

Return this page to KCDC

Appendix 1 Insurance Requirements

1. INSURANCE

The Supplier shall maintain, at Supplier’s sole expense, on a primary and non-contributory basis, at all times during the life of the contract insurance coverages, limits, and endorsements described herein. All insurance must be underwritten by insurers with an A.M. Best rating of A- :VI or better. Upon award, the Supplier shall provide Certificate(s) of Insurance and amendatory endorsements to KCDC evidencing said insurance coverages. See paragraph “f” for exact naming of certificate holder and additional insureds (Owner Entities).

The Supplier agrees the insurance requirements herein as well as KCDC’s review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Supplier under this contract. KCDC’s failure to require a certificate of insurance, acceptance of a non-conforming certificate, or allowing the Supplier to commence work shall not operate as a waiver of these minimum insurance requirements or the liabilities and obligations assumed by the Supplier under this contract.

a. Commercial General Liability Insurance: occurrence version general liability insurance including contractual liability with a minimum combined single limit of $1,000,000 per occurrence with $2,000,000 in the aggregate covering the following perils: bodily injury, personal injury, and broad form property damage including products/completed operations for one year after completion of the Project(s). Limits must apply separately to the work/location in this contract.

Such insurance shall contain or be endorsed to contain a provision that includes the Owner entities listed in paragraph “f” as additional insureds with respect to the Supplier’s ongoing and completed operations, providing coverage at least as broad as CG 20 10 07 04 and 20 37 07 04 endorsements. The coverage shall contain no special limitations on the scope of its protection afforded to the listed insureds.

b. Commercial Automobile Liability Insurance: in an amount not less than $1,000,000 (combined single limit) for all owned, hired, and non-owned vehicles utilized by Supplier in connection with the Project. Coverage is to include coverage for loading and unloading hazards.

Such insurance shall contain or be endorsed to contain a provision that includes the Owner entities listed in paragraph “f” as additional insureds.

c. Workers’ Compensation Insurance and Employers Liability Insurance: Workers’ Compensation Insurance with statutory limits as required by the State of Tennessee or other applicable laws.

d. Pollution Liability Insurance: coverage, providing defense and indemnity coverage for bodily injury, property damage, and environmental investigation and clean-up costs for pollution conditions arising from the Contractor’s operations. Limit of liability not less than $1,000,000 each occurrence and $2,000,000 annual aggregate. The policy shall include a minimum three (3) year Discovery (tail) reporting period, and a Retroactive Date that equals or precedes the effective date of this contract or the performance of work hereunder. Coverage may be provided on a per project basis.

e. Other Insurance Requirements:

1. Upon award, Supplier shall furnish KCDC with original Certificate(s) of Insurance and amendatory endorsements effecting coverage required by this section.

2. Provide a waiver of subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Supplier to enter into a pre-loss agreement to waive subrogation without an endorsement, the policy should be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This waiver of subrogation requirement shall not apply to any policy which includes a condition specifically prohibiting such an endorsement, or voids coverage should supplier enter into such an agreement on a pre-loss basis.

3. A minimum 30-day cancellation notice for all insurances (by endorsement if necessary) is required.

4. Replace certificates, policies, and endorsements for any such insurance expiring prior to completion of services.

5. Maintain such insurance from the time services commence until services are completed or through such extended discovery/reporting/tail period as required.

Failure to maintain or renew coverage or to provide evidence of renewal may be treated by KCDC as a material breach of contract.

6. Any deductibles and/or self-insured retentions greater than $50,000 must be disclosed to and approved by KCDC prior to the commencement of services. Use of large deductibles and/or self-insured retentions will require proof of financial ability as determined by KCDC.

7. All policies must be written on an occurrence basis with the exception of Errors and Omissions Liability (E & O) / Professional Liability and Pollution Liability which may be claims made coverage.

8. Require all subcontractors to maintain during the term of the resulting contract commercial general liability insurance, automobile liability insurance, and workers’ compensation/employers liability insurance (unless subcontractor’s employees are covered by contractor’s insurance) in the same manor and limits as specified for the Supplier.

f. Certificate Holder and Additional Insured:

KCDC, its officials, officers, employees, and volunteers Five Points 3 LP 901 N Broadway Knoxville, TN 37917

g. Right to Revise or Reject: KCDC reserves the right to revise any insurance requirement, including but not limited to, limits, coverages, and endorsements based on changes in scope of work/specifications, insurance market conditions affecting the availability or affordability of coverage.

h. No Representation of Coverage Adequacy: The coverages, limits or endorsements required herein protect the primary interests of KCDC, and the Supplier agrees in no way should these coverages, limits or endorsements required be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect the Supplier against any loss exposures, whether as a result of the project or otherwise.

Certificate Holder and Additional Insureds KCDC, its officials, officers, employees, and volunteers Five Points 3 LP

GL (Supplier & Subcontractors) $1M / $2M (including contractual liability) Auto (Supplier & Subcontractors) $1M (owned, hired, & non-owned) WC & Employers Liability (Supplier & Subcontractors)

Statutory limits

30-day cancellation (Supplier & Subcontractors)

Required– must indicate on COI

Primary non-contributory (Supplier & Subcontractors)

Required – must indicate on COI

Waiver of Subrogation (Supplier & Subcontractors)

Required – must indicate on COI