BID SPECS 0926-030 Snow-Plowable Raised Pavement Markers - FINAL.pdf

INVITATION TO BID

BID # 0926-030: Snow-Plowable Raised Pavement Markers

Hamilton County, TN

I. STATEMENT OF INTENT

Hamilton County, Tennessee herein after referred to as “the County” is soliciting sealed bids from qualified vendors for the purposes of establishing a one (1) year unit pricing contract with three (3) one-year renewal options for Installation and Removal Services of Snow-Plowable Pavement Markers on an as-needed basis for the Hamilton County Highway Department, under a unit pricing agreement. Locations of work may be anywhere within Hamilton County. All work shall be supervised on-site by the vendor and must be performed in a thorough and high-quality manner to satisfaction of the County prior to invoicing and payment.

The initial contract period will be for one (1) year from the time of approval of this contract by Hamilton County Commission. All prices must remain fixed throughout each term of this contract, with the exception of possible price adjustments at the time of renewal (see XI. CONTRACT TERMS below).

II. DESCRIPTION OF SERVICES REQUESTED

Under this contract, the County will designate a road or a list of roads in writing to the contractor where Snow-Plowable Raised Pavement Markers are to either be installed or removed. Both the contractor and a representative of the County will ride all routes to ensure that the contractor is aware of the road’s locations, conditions, and which style markers will be installed for designated roads. The specified work shall include all labor, equipment, materials and incidentals needed to perform the work successfully.

Hamilton County will be responsible for all prep work required on the road(s) prior to assignment of road(s) to the vendor. This would include, but is not limited to, milling, crack sealing, patching, subgrade replacement, clipping, etc.

The work under this contract will occur on a scheduled basis and will be performed during the normal workweek (Monday-Friday). The Contractor may only work weekends or during observed National Holidays by the written consent of the Highway Department Director in advance of the work.

Only Contractors on TDOT’s approved list will be considered. The Contractor must ensure that all materials included under this contract, including single sided, two sided and multi-colored markers are per TDOT specifications. All materials shall be placed per TDOT approved means and methods.

The awarded Contractor will be required to furnish all necessary and appropriate supervision, labor, equipment, tools, signage, traffic control devices, transportation, and other resources needed to perform all assigned work on the designated roads assigned to them by the County.

All work performed by the Contractor may be subject to inspection by County representatives, at the discretion of the County, and payment may be withheld for any work not complying with the order specifications until deficiencies are corrected. Deficiencies shall be corrected within ten (10) business days at the sole expense and risk of the Contractor.

In the event the assigned work requires the Contractor to cross private property, the successful Bidder(s) is expected to and expressly agrees that he/she will contact and obtain the written consent of the owners before proceeding with such work, whether such owner be an individual, company, corporation, county, state, or other political authority. Such written consent must be provided to the County with the invoice for the work.

Bid # 0926-030 Snow-Plowable Raised Pavement Markers

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The successful Bidder(s) further agrees that he will comply with the desires and conditions of the owners as to the manner in which said work is to be done, when such desires and conditions are not in conflict with the directions and requirements of the County.

If any damage is done to the property of others by the Contractor, its employees, or subcontractors on any County assignment, the Contractor will repair and restore at its sole cost to any such property and correct any damages, returning it to as good a condition as the property was before being damaged and in a manner satisfactory to the owner(s) of the property. Alternatively, the Contractor shall fully compensate the owner(s) of the property for the damage suffered. Contractor shall obtain a written release in a form satisfactory to the County, from the owner(s) of such property, fully releasing the County from any liability.

The County reserves the right to award this service to multiple vendors, and furthermore, to divide the services among the awarded vendors or Highway Department staff, as deemed in the best interest of the County.

III. PROVISION OF LABOR, TOOLS, AND EQUIPMENT

A. The successful Bidder(s) will be required to furnish such labor, tools, equipment and transportation as may be necessary or desirable in the performance of the services covered by this bid. Bidders must provide pricing for all line items listed on the BID SUBMISSION FORM (pages 8-10) in order to be considered for this contract.

B. The County reserves the right to add additional line items for service(s) or equipment as deemed necessary or desirable by the County in the performance of the services covered by this bid throughout the term of the contract. Pricing for additional service(s) or equipment will be based upon a similar pricing structure submitted in the initial bid submission by the successful bidder(s).

C. The successful Bidder(s) shall supervise and direct all work for each job assignment, using the contractor’s best skill and attention. The contractor shall be solely responsible for all means, methods, techniques, sequences and procedures and for coordinating all portions of the assigned work.

D. Payment will be made based on awarded unit pricing – mobilization may be considered under the terms of this contract. Any terms that will initiate mobilization charges must be clearly indicated with the bid submission.

E. The successful Bidder’s employees shall at all times wear clothing, badges, or other apparatus approved by the County, identifying them as employees of the Contractor. Contractor’s employees shall identify themselves by name and position at any time requested by the public or a County representative.

F. The successful Bidder(s) must ensure at least one (1) person on each crew is fluent in English and he or she must be available at all times and at all worksites to courteously and adequately address any inquiries regarding work activities.

G. All traffic control and signage during any assignment will be furnished by the Contractor.

H. The County will not pay for meals and other incidental items for the Contractor’s employees.

I. The successful Bidder(s) must comply with all applicable laws of the State of Tennessee, all ordinances, rules, and regulations that may be promulgated by any governmental authority having jurisdiction in such matters. The successful Bidder(s) may, at the County’s sole discretion be required to submit written proof of such compliance, i.e. permits, etc.

J. The successful Bidder(s) will comply with all applicable safety requirements and regulations, federal, state or local.

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K. All materials shall be installed per TDOT specifications and shall be included in the per unit price.

L. The County shall only be charged for materials used in the completion of assigned jobs and shall not be charged for materials used on jobs other than those assigned by the County.

M. The County will provide a Certified State Inspector on State Aid projects.

IV. WORKER REMOVAL

All workers must have sufficient skill and experience to perform the assigned work properly and safely. The County reserves the right to demand the removal of any employee of the successful Bidder(s) from any work covered by these specifications if, in the sole opinion of the County, such employee shows insufficient experience or fails to make due and proper effort to execute the work in the manner prescribed.

V. ASSIGNMENT OR SUBCONTRACTING

Any subcontractors must be approved in writing by Hamilton County prior to participating under this contract. The Contractor shall include each of its subcontractors as insured under the policies of insurance required herein or ensure that their subcontractors meet the minimum requirements for insurance specified herein.

VI. VOLUME OF SERVICE REQUIRED

The County is not obligated to provide the successful Bidder(s) with any specific amount of work during the term(s) of the contract covered by this bid.

The County retains, at its option, the right to assign any or the entire task to its own personnel or in the event of default by the successful Bidder(s), to other parties engaged in this type of work.

VII. EXPERIENCE REQUIREMENTS AND REFERENCES

A minimum of five (5) consecutive years’ experience in the installation and removal of Snow-Plowable Raised Pavement Markers shall be required in order to participate in this bid. Each bidder shall include a summary of their firm’s business history, experience, business financials, and a list of all assets that will be utilized in the performance of this contract to include make, model, axle configuration, length of bed, tank capacities, etc. This information is expected to include the firm’s commercial installation business in general, as well as any other related business or experience.

Additionally, each bidder must supply a list of five (5) organizations for which work has been satisfactorily completed within the last twenty-four (24) months. This list must include contact names, addresses, telephone numbers and email addresses. The County must be authorized to contact any company included on the list. The bidder will execute all documents necessary to authorize the County to communicate with said references regarding the performance of bidder.

VIII. COMPENSATION AND BILLING

The County shall pay the successful Bidder(s) for all work on the basis of unit price(s) awarded for materials installed per job only. Payment will not be made until the work has been inspected and completed to the satisfaction of the department for which the work was performed.

Mobilization may be considered under the terms of this contract. Any terms that will initiate mobilization charges must be clearly indicated with the bid submission.

Travel time (the time it takes the bidder’s crew and equipment to arrive at a job site) is not considered a payable item by the County and will not be paid for by the County. Fuel surcharges are not allowed, and all

4 | P a g e fuel costs should be included as a part of the stated rates. It is expected that a majority of the work subject to this bid will be done during the usual and ordinary working hours on regular workdays. Any other days such as weekends or holidays shall be requested in writing at least one week prior to work date being requested.

Invoices are to be submitted as work is performed or on a weekly or monthly basis for projects with extended time periods. Invoicing should be sent to the Hamilton County Highway Department, 4005 Cromwell Road, Chattanooga, TN 37421.

IX. INDEMNIFICATION AND HOLD HARMLESS

The Contractor agrees to indemnify and hold harmless the County from any claims and/or actions brought or filed against the County directly or indirectly, with respect to, or on account of, the acts or omissions of the Contractor, its agents or employees arising out of the Contractor's fulfilling of this contract whether such claims of action are rightfully or wrongfully brought or filed.

The Contractor agrees to indemnify the County for all liability, losses or damages to the County from any source arising out of the fulfillment of this contract. The Contractor agrees to pay all costs the County incurs as a result of all suits, actions, claims or counterclaims filed against the County as a result of the acts or omissions of the Contractor, or those acting as agents or employees of the Contractor, to conform with all statutes, ordinances or other regulations or requirements of any governmental authority in connections with its duties under this contract. The Contractor further agrees to defend all actions whether brought under tort contract, willful, malicious or activities of the Contractor by and through its agents, employees or otherwise, including any civil rights actions resulting from the acts or omissions of the Contractor or its employees or agents. This provision shall survive the termination or expiration of this Contract.

X. AWARD OF BID

Hamilton County reserves the right to award the entire package or sections of the total package to multiple vendors or the entire package to a single vendor who may be deemed to have submitted the best overall bid package, in the best interest of the County.

After evaluation of all sections of this bid document, the unit prices will be used in determining the best overall bid package. Hamilton County reserves the right to waive any irregularities or reject any or all bids.

XI. CONTRACT TERMS

The terms of this agreement shall be for one (1) year from the date of acceptance with the option to renew for three (3) additional one-year renewals. In the event that Hamilton County exercises such rights, all terms, conditions and provisions of the original contract shall remain the same and apply during the renewal period with the possible exception of price adjustments and minor scope additions and/or deletions which may be agreed upon by both parties. Any such price increase will only be allowed at time of renewal and must have documentation as to the justification/proof as to rationale for the increase and will be subject to review and approval by the County. Any requested adjustment shall be fully documented with a justification, and submitted to the Hamilton County Procurement Department at least ninety (90) days prior to the contract anniversary date.

Note that these are automatic renewals. It will be the responsibility of both parties to notify the other party in writing no less than ninety (90) days before the expiration of the contract period if the contract is not to be extended for each additional term. The successful proposer(s) will be required to enter into a contract with Hamilton County to satisfy the requirements of this bid. Bid specifications will be incorporated into the

5 | P a g e contract. A copy of a Pro Forma contract will be provided on request. Either party may terminate this agreement with a ninety (90) day written notice.

XII. MINIMUM LIMITS OF INSURANCE

The contractor shall provide written confirmation of the following minimum limits of insurance to be maintained throughout the term of the contract and enclose a sample Certificate of Insurance demonstrating that they have this coverage:

A. Commercial General Liability Insurance: $2,000,000 per occurrence for property damage and bodily injury. The proposer should indicate in its proposal whether the coverage is provided on a claims-made or (preferably) on an occurrence basis. The insurance shall include coverage for the following:

i. Premise/Operations

ii. Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project)

iii. Products/Completed Operations

iv. Contractual

v. Independent Contractors

vi. Broad Form Property Coverage

vii. Personal Injury

B. Business Automobile Liability Insurance: $1,000,000 limit per accident for property damage and personal injury.

i. Owned/Leased Autos

ii. Non-owned Autos

iii. Hired Autos

C. Workers’ Compensation and Employers’ Liability: Workers’ Compensation statutory limits as required by Tennessee as applicable to the operations of the proposer(s). This policy should include Employers’ Liability coverage for $1,000,000 per incident.

Hamilton County shall be listed as an additional insured on the above required liability insurance policies without any qualifying conditions (i.e., “…if required by written contract”). A signed certificate of insurance shall evidence all policies and coverage shall not be cancelled without a minimum of thirty (30) days cancellation notice to the Hamilton County Risk Management Office. All coverage shall be placed with Tennessee admitted insurers rated B+10 or better by A.M. Best’s rating service or as approved by Hamilton County’s Risk Manager.

For listing purposes as to the additional insured use the following:

Hamilton County, TN Attn: Procurement Department 455 N. Highland Park Avenue Chattanooga, TN 37404

Proof of Insurance must be provided before a contract is executed with the successful provider for this bid and updated as necessary. Note however that coverage requirements are subject to change as business needs dictate, to be determined by the County.

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XIII. BID SUBMISSION REQUIREMENTS

In order for your submission to be considered eligible, you must do the following:

A. The proposer must complete and deliver an original hard copy of its bid response document in a sealed envelope before 10:00 AM (ET) on Tuesday, October 13, 2026 to the Hamilton County Procurement Department at the address specified below. Bids received after that time will be deemed to be late and will not be accepted or opened. The clock-in time will be determined by a clock maintained by the Hamilton County Procurement Department. No other clock or timepiece will have any bearing on the time of bid receipt. Vendors mailing their bid packages must allow sufficient time to ensure receipt of their package by the time specified. There will be no exceptions.

DELIVERY ADDRESS

Please note that receipt of the bid by the United States Postal Service, common carrier delivery service (e.g., FEDEX, UPS, etc.), the County mail system or any other Department other than Procurement does not constitute receipt of a bid by the Procurement Department. All submissions must be received in the Procurement Department by the specified deadline.

Tabitha Cruz, Senior Buyer Bid # 0926-030: Snow-Plowable Raised Pavement Markers {insert your company name here} Hamilton County Procurement Department 455 N. Highland Park Avenue Chattanooga, TN 37404

B. The outside of the envelope/package containing the bid should be clearly marked with the following statement: “Bid # 0926-030: Snow-Plowable Raised Pavement Markers” Any sealed envelope(s) enclosed within this envelope/package should also be clearly marked with the same label.

C. The bid response MUST include a hard copy of the attached BID SUBMISSION FORM (page 8-10). All prices must be displayed on a unit price basis, using no more than two (2) decimal places.

D. All requested information must be provided. See BID SUBMISSION FORM for additional documents required with bid submission.

E. No fax or email bid responses will be accepted.

F. A signed copy of the Certificate of Compliance must be attached (page 11).

G. Your bid must be signed by an authorized contracting agent for your company on the Authorization to Bind Form (page 12).

H. A signed copy of the Required Contract Clauses must be attached (page 13).

XIV. HAMILTON COUNTY, TN GENERAL PROCUREMENT TERMS AND CONDITIONS

General Procurement Terms and Conditions are attached.

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XV. CONTACTS

Questions concerning product specifications should be directed to:

Brandon Mauracher, Director – Hamilton County Highway Department, at BrandonM@HamiltonTN.gov or (423) 209-5050

Questions concerning bid procedures should be directed to:

Tabitha Cruz, Senior Buyer – Hamilton County Procurement Department, at BidQuestions@HamiltonTN.gov or (423) 209-6350.

XVI. APPROVED FOR RELEASE

Approved for release by Jerald Carpenter, Director – Hamilton County Procurement & Fleet Management.

mailto:BrandonM@HamiltonTN.gov mailto:BidQuestions@HamiltonTN.gov

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BID SUBMISSION FORM

Please respond to Sections A – E as instructed below.

A. ACKNOWLEDGEMENT OF BID SPECIFICATIONS

Please indicate your response below to each listed section of requirements as outlined in the bid specifications by placing an “X” in either the “AGREE & COMPLY” or “EXCEPTION NOTED” column. For any “EXCEPTION NOTED” response, please explain using the “DETAILS” column – attach additional pages or provide supplemental materials as needed to fully explain the exception.

SECTION AGREE &

COMPLY

EXCEPTION

NOTED DETAILS

I. STATEMENT OF INTENT

II. DESCRIPTION OF SERVICES REQUESTED

III. PROVISION OF LABOR, TOOLS, AND EQUIPMENT

IV. WORKER REMOVAL

V. ASSIGNMENT OR SUBCONTRACTING

VI. VOLUME OF SERVICE REQUIRED

VII. EXPERIENCE REQUIREMENTS AND REFERENCES

VIII. COMPENSATION AND BILLING

IX. INDEMNIFICATION AND HOLD HARMLESS

X. AWARD OF BID

XI. CONTRACT TERMS

XII. MINIMUM LIMITS OF INSURANCE

XIII. BID SUBMISSION REQUIREMENTS

XIV. GENERAL PROCUREMENT TERMS AND CONDITIONS

B. PRICING FORM

Please submit pricing for each item below based upon all above listed specifications. The County makes no guarantee of the volume of work to be assigned during the term(s) of this contract. All services listed below shall be priced using TDOT/Hamilton County specifications. List any additional information, including exceptions, for each item. If there is no additional information please list “N/A”. Attach additional pages or provide supplemental materials as needed to fully explain any exceptions.

UNIT PRICE RATES FOR SNOW-PLOWABLE RAISED PAVEMENT MARKERS

DESCRIPTION: UNIT PRICE: ADDITIONAL INFORMATION:

Installation of single-sided white markers $ each

Installation of single-sided yellow markers $ each

Removal of previously installed single-sided markers $ each

Installation of double-sided yellow markers $ each

Installation of two-color markers (specify color options) $ each

Removal of previously installed double-sided markers $ each

Minimum # of markers per order

Mobilization fee (provide details all terms and initiation)

BID SUBMISSION FORM (PRICING FORM) CONTINUED ON NEXT PAGE

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C. DOCUMENTATION REQUIRED WITH BID SUBMISSION

Mark each required document listed below as included with your bid submission packet.

INCLUDED DESCRIPTION

SECTION II. DESCRIPTION OF SERVICES REQUESTED

Only Contractors on TDOT’s approved list will be considered – include confirmation with bid submission that vendor is on TDOT’s approved list.

SECTION X. EXPERIENCE REQUIREMENTS AND REFERENCES

Summary of business history, experience, business financials, and list of all assets that will be utilized in the performance of this contract to include make, model, axle configuration, length of bed, tank capacities, etc.

This information is expected to include the firm’s commercial installation business in general, as well as any other related business or experience.

Required list of references with contact information – must supply a list of five (5) organizations for which similar type work has been satisfactorily completed within the last twenty-four (24) months.

SECTION XII. MINIMUM LIMITS OF INSURANCE

Sample Certificate of Insurance evidencing all required minimum limits of insurance

SECTION XIII. BID SUBMISSION REQUIREMENTS

Signed hard copy of BID SUBMISSION FORM, including any additional required information and/or documentation

Signed copy of Certificate of Compliance Authorization to Bind signed by an authorized contracting agent for your company Required Contract Clauses

D. EXCEPTIONS

List below any additional exceptions not indicated elsewhere in the bid submission – identify section number for each exception listed. Attach additional pages as necessary. If none, list “N/A”.

SECTION EXCEPTION DETAILS

BID SUBMISSION FORM (PRICING FORM) CONTINUED ON NEXT PAGE

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E. VENDOR INFORMATION

Complete each item below. The County will prepare contracts for the successful Contractor using the name exactly as it appears in the bid submission. Therefore, it is absolutely necessary that the Contractor submit the bid using the correct and complete legal name.

Vendor Information

Company Name

Company Address

Bid Submitted By

(print)

(title)

(signature)

Email

Phone

Fax

Installation/Removal (days after receipt of order)

Payment terms

Contact for scheduled standard work assignment

Name

Email

Phone

Billing Contact

Name

Email

Phone

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CERTIFICATE OF COMPLIANCE

By indication of the authorized signature below, the Bidder/Proposer does hereby make certification and assurance, under penalty of perjury, of the Bidder’s/Proposer’s compliance with all provisions of this bid/proposal and the following items:

1. the laws of the State of Tennessee and Hamilton County;

2. Title VI of the Civil Rights Act of 1964;

3. the Equal Employment Opportunity Act and the regulations issued thereunder by the federal government;

4. the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government;

5. that to the best of its knowledge and belief the proposer/bidder certifies that neither it nor its principals are presently debarred, suspended, proposed from disbarment, declared ineligible or voluntarily exclude from participation in this transaction by any federal department of agency;

6. that to the best of its knowledge and belief that each bidder/proposer is not on the list create pursuant to T.C.A. §12-12-106 regarding the Iran Divestment Act;

7. the apparent successful Proposer/Bidder must be registered with the Department of Revenue for the collection of Tennessee sales and use tax;

8. Hamilton County’s Disadvantaged Business Enterprise guidelines;

9. the Drug Free Workplace statement;

10. the condition that the submitted bid/proposal was independently arrived at, without collusion, under penalty of perjury; and

11. the condition that no amount shall be paid directly or indirectly to an employee or official of Hamilton County as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Proposer in connection with the procurement under this bid/proposal.

12. Concerning the Non-Boycott of Israel Act (TCA 12-4-1 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 boycotting Israel pursuant to § 12-4-1 and will not during the term of any award.

Company Name: _________________________________________

Authorized Signature: _________________________________________

Date: _________________________________________

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AUTHORIZATION TO BIND

By signing this, I certify and acknowledge that the information contained in this document is true and correct, containing NO misrepresentations. The information is NOT tainted by any collusion. I certify and acknowledge that I have reviewed and approved the release of this bid/proposal for Hamilton County’s consideration. Further, I am authorized to bind my company to the responses and pricing in these bid/proposal documents, and any subsequent negotiations, as well as execute the actual Contract documents, if selected.

Authorized Signature (Officer of the Company)

Name of Authorized Signer (Printed or Typed)

Title of Authorized Signer

Firm Name

Taxpayer Identification Number

Firm Address, City and Zip Code

Telephone Number

Fax Number

Email Address

Date

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REQUIRED CONTRACT CLAUSES

Conflicts of Interest: The Contractor and/or Subcontractor warrants that no amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Contractor and/or Subcontractor in connection with any work contemplated or performed relative to this Agreement.

Non-Discrimination: The Contractor and/or Subcontractor hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to the discrimination in the performance of this Agreement or in the employment practices of the Contractor and/or Subcontractor 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 and/or Subcontractor shall, upon request, show proof of nondiscrimination and shall post in conspicuous places, available to all employees and applications, notices of discrimination.

Records: The Contractor and/or Subcontractor shall maintain documentation for all charges under this Agreement. The books, records, and documents of the Contractor and/or Subcontractor, insofar as they relate to work performed or money received under this Agreement, shall be maintained in accordance with applicable Tennessee law. In no case shall the records be maintained for a period of less than five (5) full years from the date of the final payment. The Contractor’s and/or Subcontractor’s records shall be subject to audit at any reasonable time and upon reasonable notice by the Local Agency, State Department of Transportation, the Comptroller of the Treasury, or their duly appointed representatives.

Debarment and Suspension: The Contractor and/or Subcontractor certifies, to the best of its knowledge and belief, that it, its current and future principals, its current and future subcontractors and their principals:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or Contractor and/or Subcontractor;

b. have not within a three (3) year period preceding this Agreement been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c. are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed in section b. of this certification; and

d. have not within a three (3) year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default.

The Contractor and/or Subcontractor shall provide immediate written notice to the State Department of Transportation if at any time it learns that there was an earlier failure to disclose information or that due to changed circumstances, its principals or the principals of its subcontractors are excluded, disqualified, or presently fall under any of the prohibitions of sections a-d.

Company Name: _________________________________________

Authorized Signature: _________________________________________

County Signature: _________________________________________

Hamilton County, TN General Procurement Terms & Conditions: 4/5/2023 P a g e | 1

Note: Throughout this document the terms Proposer, Contractor, Company, Vendor, Firm or Bidder are used interchangeably and refer to any organization submitting a response to any solicitation. Additionally, the terms quote, bid or proposal are also used interchangeably and refer to the submission in response to any solicitation.

1. ACCEPTANCE: All terms and conditions in the solicitation are deemed to be accepted by the bidder and incorporated in the bid, except the provision(s) which are expressly excluded by the bid specifications.

2. ADDITIONAL INFORMATION: Bidders are cautioned that any statement made by any individual or employee of Hamilton County that materially changes any portion of the bid document, either before or after the issuance of the bid documents, shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document.

3. ALTERATION OR AMENDMENTS: No alterations, amendment, changes, modifications or additions to any contract resulting from this bid shall be binding on Hamilton County without the prior written approval of the County.

4. ALTERNATE BIDS: Alternate bids (defined as bids that do not comply with the bid terms, conditions, and specifications) are not acceptable and will be rejected unless authorized by the invitation to bid. Vendors may submit more than one bid providing that all such bids comply with bid terms, conditions and specifications.

5. ASSIGNMENT: Contractors shall not assign or sub-contract this agreement, its obligations or rights hereunder to any party, company, partnership, incorporation or person without the prior written consent of Hamilton County.

6. AUTHORIZATION TO BIND: All bids shall be signed by an authorized officer or employee of the bidder.

7. AWARD: Award will be made to the most responsive, responsible bidder(s) meeting specifications, who presents the product or service that is in the best interest of Hamilton County. Hamilton County reserves the right: (1) to award bids received on the basis of individual items, or groups of items, or on the entire list of items;

(2) to reject any or all bids, or any part thereof; (3) to waive any informality in the bids; and (4) to accept the bid that is considered lowest and best.

8. BID AMENDMENT: If it becomes evident that a solicitation must be amended, a formal written amendment will be issued to all known Bidders. If necessary, a new submission deadline will be established.

9. BID COPIES: Hamilton County requires that bids be submitted in duplicate, unless otherwise stated in the solicitation.

10. BID DELIVERY: Hamilton County requires that all bids be submitted and time/date-stamped by the date and before the time specified in the solicitation specifications, regardless of method of delivery. The time clock in the Procurement and Fleet Management Department shall be the official record of the time. The County is not responsible for any technical difficulties of any vendor in the delivery of its bid. No late bids will be accepted, opened or returned.

11. BID FORMS: Vendors must complete bid forms contained in the solicitation. Failure to fully complete the bid forms may result in rejection of the bid.

All information shall be entered in ink or typed/computer generated. Mistakes may be crossed out and corrections inserted before submission of your bid. Corrections shall be initialed in ink by the person signing the bid. Corrections and/or modifications received after the closing time specified will not be accepted.

HAMILTON COUNTY, TENNESSEE

GENERAL PROCUREMENT TERMS AND CONDITIONS

Hamilton County, TN General Procurement Terms & Conditions: 4/5/2023 P a g e | 2

12. BID PREPARATION: Prospective bidders are solely responsible for their own expenses in submission preparation and subsequent negotiations with Hamilton County, if any.

13. BID PRICING: Any bid, and its associated pricing, shall remain valid for at least three (3) months after the bid submission deadline, unless otherwise indicated in the solicitation specifications. Unit price must be shown for all products or services. In case of error in extension, unit price will govern.

14. BID SUBMISSION AND TRANSMISSION: Bid must be submitted in a sealed envelope with the Bid Number/Name, the closing date and time, as well as your company name provided on the envelope. If your response envelope is enclosed in another envelope/package for delivery, the latter should also be clearly labeled with the same identifying information.

All bids are to be F.O.B. Hamilton County, TN. All responses to any solicitation become the property of Hamilton County.

Bids/Proposals submitted via e-mail or facsimile machine are unacceptable unless expressly stated in the solicitation specifications.

15. BRAND NAMES: Brand names and numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided they are clearly identified by manufacturer, part number, diagrams, brochures and other related material, unless stated otherwise in the bid specifications. When brand, number, or level of quality is not stated by the bidder, it is understood the offer is exactly as specified.

16. DISCOUNTS FOR PROMPT PAYMENT: Bidders may include an option for cash discounts off of their quoted price, with terms of payment to be a minimum of Net 20. If a discount for prompt payment is offered by the bidder, it must be shown in the bidder's response; however, discounts for prompt payment will not be considered in the evaluation of bids or proposals. If earned, the County will take all discounts offered for prompt payment, provided correct and proper invoices, prepared in accordance with the terms of the purchase order or contract, are processed and payment is issued or post-marked to the successful bidder within the stipulated time frame.

17. CODE OF ETHICS: Hamilton County, through its Procurement Rules, has adopted the National Institute of Government Purchasing (NIGP) as well as the Hamilton County Government Code of Ethics. All suppliers are expected to adhere to business ethics and professional behaviors as outlined in these documents.

18. COMPLIANCE WITH ALL LAWS: Companies submitting bids must agree to observe and comply with all federal, state, and local laws, statutes, ordinances, and regulations, including but not limited to Title VI of the Federal Civil Rights Act of 1964, the Equal Employment Opportunity Act and the regulations issued there under by the federal government, the Americans with Disabilities Act of 1990 and the regulations issued there under by the federal government, in any manner affecting the provision of goods and/or services, and all instructions, prohibitive orders issued, and shall obtain all necessary permits.

19. DECLARATIVE STATEMENT: Any statement or word (e.g., must, shall, will) are declarative statements and the vendor must comply with the conditions. Failure to comply with any such statement may result in the submission being deemed non-responsive and disqualified.

20. DEFAULT: In case of default by the bidder, the County may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the vendor, the difference between the price named in the contract or purchase order and actual cost thereof to the County. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Procurement and Fleet Management Director.

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21. DELIVERY REQUIREMENTS: Time of delivery shall be stated as the number of calendar days following receipt of the order by the vendor to receipt of the goods or services by the County. Note: Time of delivery may be a consideration in the award.

22. DISADVANTAGED BUSINESS PROGRAM: Hamilton County has established a Disadvantaged Business Program, which has the responsibility of increasing opportunity for small, minority and women owned businesses. This is being accomplished through community education programs, policy edification, active recruitment of interested businesses and process re-engineering.

Hamilton County is committed to ensuring full and equitable participation for all disadvantaged businesses.

Hamilton County welcomes submittals from those disadvantaged businesses that have an interest in providing goods and/or services to Hamilton County. In addition, Hamilton County strongly encourages the inclusion of disadvantaged businesses by non-disadvantaged contractors who may wish to partner or subcontract with disadvantaged businesses in order to accomplish the successful delivery of goods and/or services.

If you would like additional information about Hamilton County’s Disadvantaged Business Program please contact:

Ken Jordan, EEO Officer/DBE Liaison Telephone: 423.209.6146 Fax: 423.209.6145 Email: DBE@HamiltonTN.gov

23. DRUG-FREE WORKPLACE PROGRAM FOR CONSTRUCTION SERVICES: Law prohibits state or local governments from contracting for construction services with any private entity having five or more employees who has not furnished a written affidavit by its principal officer at the time of the bid or contract stating that the contractor is in compliance with the provisions of this act. Companies, other than construction services, are also encouraged to have and maintain drug-free workplace policies.

24. EXCEPTIONS: Bidders taking exceptions to any part or section of the solicitation shall clearly indicate such exceptions in the submission. Failure to indicate any exception will be interpreted as the bidder’s intent to comply with and/or supply the requirements as written in the solicitation specifications and these General Terms and Conditions.

25. INDEMNIFICATIONS/HOLD HARMLESS: The vendor shall hold the County, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or un-copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this solicitation, and agrees to defend, at his own expense, any and all actions brought against the County or the Vendor because of the unauthorized use of such articles.

26. IRAN DIVESTMENT ACT: By submission of a bid/quote/proposal, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid 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 is not on the list created pursuant to T.C.A. §12-12-106.

27. NEW EQUIPMENT: The bidder shall guarantee that the units submitted for this bid shall be new, and the latest and most improved model of current production, and shall be first quality as to workmanship and materials used in said units. All modifications shall be made at the factory. Demonstrators shall not be acceptable. NOTE:

When the bid is for services, this item does not apply.

28. NON-BOYCOTT OF ISRAEL ACT: By submission of a bid/quote/proposal, each bidder and each person signing on behalf of any bidder 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 T.C.A. § 12-4-1 and will not during the term of any award.

mailto:DBE@HamiltonTN.gov

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29. NON-COLLUSION: Vendors, by submitting a signed bid, certify that the accompanying bid is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under Tennessee or federal law.

30. NON-CONFLICT STATEMENT: Vendors, by submitting a signed bid, agree that it has no public or private interest and shall not acquire directly or indirectly any interest that would conflict in any manner with the provision of its goods or performance of its services. Supplier warrants that no part of the total Contract amount provided herein shall be paid directly or indirectly to any officer or employee of Hamilton County as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor or consultant to the Contractor in connections with any goods provided or work contemplated or performed relative to the agreement.

31. NON-DISCRIMINATION STATEMENT: Supplier must agree that no person on the grounds of age, color, disability, gender, genetic information, national origin, political affiliation, race, religion, sexual orientation, or veteran’s status shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this agreement, or in the employment practices of Vendor. Supplier shall upon request show proof of such non-discrimination, and shall post in conspicuous places available to all employees and applicants notices of non-discrimination. Suppliers covenants that it complies with the Fair Wage and Hour Laws, the National Labor Relations Act, and other federal and statement employment laws as applicable. Supplier covenants that it does not engage in any illegal employment practices.

32. PAYMENT TERMS: Hamilton County payment terms are Net 30 after receipt/inspection of merchandise and receipt of invoice unless otherwise stated in the solicitation specifications.

33. PUBLIC ACCESS TO PROCUREMENT INFORMATION: Subject to the requirements of the TN Open Records Act, information relating to the award of a particular contract shall be open to the public only after evaluation of the solicitation has been completed. All public records pertaining to purchasing shall be open for inspection during normal business hours as scheduled in advance with the Procurement and Fleet Management Department.

34. PROTEST OF AWARD: Any vendor who has submitted a timely submission in response to a solicitation may protest the recommendation of award for a contract by submitting such protest to the County’s Director of Procurement and Fleet Management. Any protest must be submitted in writing and be in the possession of the Procurement and Fleet Management Department before noon (ET) of the 2nd working day following the public recommendation of contract award.

FAILURE OF A VENDOR TO FOLLOW THE PROTEST REQUIREMENTS WITHIN THE TIME FRAMES PRESCRIBED IN

THIS SECTION CONSTITUTES A WAIVER OF THE PROTEST AND ANY RESULTING CLAIMS.

35. QUALIFICATIONS OF BIDDERS: A bidder may be required, before the award, to show to the complete satisfaction of Hamilton County that it has the necessary facilities, ability, insurance, and financial resources to provide the service or goods specified.

36. RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective bidder to review the entire invitation to bid (ITB) or request for proposal (RFP) packet and to notify the Procurement and Fleet Management Department if the specifications are formulated in a manner that would unnecessarily restrict competition. Any such protest or question regarding the specifications of bidding procedures must be received in the Procurement and Fleet Management Department not less than seventy-two hours prior to the time set for bid/RFP opening. These requirements also apply to specifications that are perceived to be ambiguous.

37. SAMPLES: Samples of products, when required, shall be furnished free of cost of any sort to the County and may be retained for future comparison. Samples which are not destroyed by testing or which are not retained for future comparison will be returned upon request at bidder expense.

38. SAFETY DATA SHEETS: After award, the successful bidder(s) will be required to provide the County with a master set of Safety Data Sheets for any applicable products.

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39. SPECIAL CIRCUMSTANCE NEGOTIATIONS: In certain circumstances, as authorized in the Procurement Rules, after a competitive process has been utilized, the contract may be competitively negotiated and awarded.

40. TAXES: Hamilton County is a tax exempt organization. Sales, use or federal excise taxes should not be included in your submission.

41. TERMINATION FOR CAUSE: In the event of any breach of contract by the successful service provider(s), Hamilton County may serve written notice to the service provider of its default, setting forth with specificity the nature of the default. If the defaulting party fails to cure its default within thirty (30) days after receipt of the notice of default, then Hamilton County shall have the right to terminate the contract upon thirty (30) days written notice and pursue all other remedies available to Hamilton County, either at law or in equity.

42. TERMINATION FOR CONVENIENCE: Contract may be terminated for convenience by either party by giving written notice to the other, at least sixty (60) days before the effective date of termination unless otherwise specified in the solicitation documents. Said termination shall not be deemed a Breach of Contract.

43. TERMINATION DUE TO NON-APPROPRIATION: Hamilton County shall not be obligated for the Contractor’s performance hereunder or by any provision of this Contract during any of the County’s future fiscal years unless and until the County appropriates funds for this Contract in the County’s Budget for each such future fiscal year.

44. TN COOPERATIVE PURCHASING: Also known as piggybacking, Hamilton County reserves the right to extend the terms, conditions, and prices of this contract to other Institutions (such as State, Local and/or Public Agencies) who express an interest in participating in any contract that results from bids and/or proposals. Each of the piggyback institutions will issue their own purchasing documents for purchasing of the goods. Bidder agrees that Hamilton County shall bear no responsibility or liability for any agreements between Bidder and the other Institution(s) who desire to exercise this option.

45. TN DEPARTMENT OF REVENUE REQUIREMENTS: Before the Contract resulting from this solicitation is signed, the apparent successful Proposer must be registered with the Department of Revenue for the collection of Tennessee sales and use tax. The County shall not approve a contract unless the Proposer provides proof of such registration. The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation.

46. TERMS AND CONDITIONS: In the event of a conflict between the solicitation specifications and these terms and conditions, the specifications will govern.

47. VISA ACCEPTANCE: Awarded contractors should have the capability of accepting the Hamilton County’s authorized VISA Procurement Card (p-card) as a method of payment.