Bid_Specs_and_Documents-TransitShelters-Group1_FINAL.pdf

Murfreesboro Transit Shelters Group 1 1

CONTRACT DOCUMENTS AND

TECHNICAL SPECIFICATIONS FOR THE CONSTRUCTION OF

MURFREESBORO TRANSIT SHELTERS

GROUP 1

APRIL 2026

Prepared by

Kimley-Horn and Associates, Inc.

10 Lea Ave, Suite 400 Nashville, TN 37210

Kimley-Horn project 118073008

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TABLE OF CONTENTS

Advertisment for Bids

Instructions to Bidders

Bidder Affidavit on Compliance with Drug Free Workplace Act and Certificate

Noncollusion Affidavit of Prime Bidder

Noncollusion Affidavit of Subcontractor

Statement of Compliance Certificate - Illegal Immigrants

Iran Divestment Act and Non-Boycott of Israel Form

Required State of Tennessee and Federal Third Party Clauses

Signature Sheet

Bid Form

Bid Schedule

Bid Bond

Performance Bond

Payment Bond

Notice to Proceed

Agreement Between Owner and Contactor

Standard General Conditions of the Construction Contract

Supplementary Conditions

Special Provsions for Roadway Construction

Technical Roadway and Bridge Construction Specifications

Appendix A: City of Murfreesboro Noise Control Ordinance

Appendix B: TDOT Right-of-Way Permit

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ADVERTISEMENT FOR BIDS

CITY OF MURFREESBORO

MURFREESBORO, TENNESSEE

CONSTRUCTION OF

Murfreesboro Transit Shelters – Group 1

BIDS TO BE RECEIVED June 3, 2026, 2:00 PM (CST)

Sealed Bids for the construction of Murfreesboro Transit Shelters – Group 1 will be received by the City of Murfreesboro via the City’s online procurement portal OpenGov, until 2:00 pm local time on WEDNESDAY, June 3, 2026, at which time the Bids received will be publicly opened and read aloud via Zoom. Registration to OpenGov can be accomplished through the website:

https://procurement.opengov.com/portal/murfreesborotn Proposals received after the above time and date will be rejected.

The Project consists of the construction of seven (7) bus shelters. The shelter locations are as follows: 106 W Northfield Boulevard, 1927 Memorial Boulevard, 2485 S Church Street, 2025 S Church Street, 1002 E Northfield Boulevard, 817 Greenland Drive, and 1635 Middle Tennessee Boulevard. Each shelter will include a bench, trash can, and solar-powered lighting. Construction generally consists of the shelter installation, grading, and sidewalk.

The Issuing Office for the Bidding Documents is: Kimley-Horn and Associates, Inc., 10 Lea Ave, Suite 400, Nashville, TN 37210, (615) 564-2701. Prospective Bidders shall be registered with the City of Murfreesboro through the Purchasing Department’s online procurement portal, OpenGov. Bidding Documents shall be obtained from the City of Murfreesboro’s Purchasing Department on OpenGov’s website. Prospective Bidders may also examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8:30 a.m. to 4:30 p.m. and may obtain copies of the Bidding Documents from the Issuing Office as described below or online via OpenGov.

A non-mandatory pre-bid conference will be held on Wednesday, May 13, 2026, at 10:00 a.m. in Training Room at the Murfreesboro Transit Center at 324 New Salem Highway, Murfreesboro, TN 37129.

Each proposal must be accompanied by a certified or cashier’s check or bid bond in the mini-mum amount of five percent (5%) of the contract price for the purpose of guaranteeing the bidder will enter into an acceptable contract. A scan of the bid bond should be uploaded with the bid via OpenGov. The original bid bond must be in hand to the City’s Purchasing Department prior to an award being made. A contract performance and payment bond of one hundred percent (100%) of the contract price will be required.

No bid may be withdrawn for a period of sixty (60) days after bids have been opened.

Bidding shall be in accordance with the Tennessee General Contractor’s License Law.

Bidders on construction over the amount of twenty-five thousand dollars ($25,000) must be

Group 1 4 licensed contractors as required by T.C.A. 62-6-103. Each bidder shall upload with their electronic bid, the Contractor’s License Document available on OpenGov, showing the bidder’s name, license number, expiration date, and that part of the classification applying to the bid in accordance with T.C.A. 62-6-119. Bids not conforming to this provision shall not be opened or considered.

A Licensed Masonry Contractor is required for bidding or performing masonry work over $100,000 (including materials and labor). See Public Chapter 950. For project awarding authorities, Public Chapter 768 requires that bids list the license masonry contractor, license number and expiration date on a submitted bid for masonry work over $100,000 (including materials and labor). Visit http://tn.gov/commerce/boards/contractors/index.shtml for additional information.

The City of Murfreesboro reserves the right to reject any and all bids and to waive technicalities.

CITY OF MURFREESBORO

By: Darren Gore City Manager

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INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

ARTICLE 1 - DEFINED TERMS

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5 - PRE-BID CONFERENCE

ARTICLE 6 - SITE AND OTHER AREAS

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

ARTICLE 8 - BID SECURITY

ARTICLE 9 - CONTRACT TIMES

ARTICLE 10 - LIQUIDATED DAMAGES

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13 - PREPARATION OF BID

ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS

ARTICLE 15 - SUBMITTAL OF BID

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17 - OPENING OF BIDS

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 - AWARD OF CONTRACT

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

ARTICLE 21 - SIGNING OF AGREEMENT

ARTICLE 22 - SALES AND USE TAXES

ARTICLE 23 - RETAINAGE

ARTICLE 24 - CONTRACTS TO BE ASSIGNED

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TABLE OF ARTICLES (Alphabetical by Subject) Subject Page #

Award of Contract

Basis of Bid; Evaluation of Bids

Bid Security

Bids to Remain Subject to Acceptance

Contract Security and Insurance

Contract Times

Contracts to be Assigned

Copies of Bidding Documents

Defined Terms

Examination of Bidding Documents, Other Related Data, and Site

Interpretations and Addenda

Liquidated Damages

Modification and Withdrawal of Bid

Opening of Bids

Pre-Bid Conference

Preparation of Bid

Qualifications of Bidders

Retainage

Sales and Use Taxes

Signing of Agreement

Site and Other Areas

Subcontractors, Suppliers and Others

Submittal of Bid

Substitute or “Or-Equal” Items

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ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions.

Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

B. Bidder--The individual or entity who submits a Bid directly to OWNER.

C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01 Prospective bidders shall be registered with the City of Murfreesboro through the Purchasing Department’s vendor registry system and online procurement portal, OpenGov, at https://procurement.opengov.com/portal/murfreesborotn.

Complete sets of the Bidding Documents will be available via the online procurement portal, OpenGov.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written information on present commitments and on experience. Regarding experience, submit listing of at least three (3) similar projects constructed by the Bidder in the last five (5) years. The list should include a project name, project owner, and project owner’s contact. Bidder shall complete, notarize, and upload the provided Contractor Responsibility Questionnaire with Bid.

3.02 Refer to Article 19 of these Instructions to Bidders, paragraphs 19.04 and 19.05, for criteria, which may be applied in evaluation of Bidder as regards award of the Contract.

3.03 Refer to paragraph 4.01of the Bid Form regarding representation as to genuineness of Bid, lack of collusion, and other related matters.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others.

4.02 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions.

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4.03 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Reference is made of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

4.05 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Property Owners must by contacted prior to the site visit. Owner may supply Bidder with list of property owners affected by improvements.

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

D. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

F. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

G. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and

H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.06 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE

5.01 A non-mandatory pre-bid conference will be held on Wednesday, May 13, 2026, at 10:00 a.m. in Training Room at the Murfreesboro Transit Center at 324 New Salem Highway, Murfreesboro, TN 37129.

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents.

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ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing via the Question/Answer tab in OpenGov. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda and emailed to all parties recorded by ENGINEER as having received the Bidding Documents and registered on OpenGov. Questions received less than five business days prior to the date for opening of Bids may not be answered. Only questions answered and Addenda issued via OpenGov will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER.

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of [_5_]% of Bidder’s maximum Bid price and in the form of a certified or cashier’s check or a Bid Bond [on the form attached] issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. Bid Bond must be received by the City’s Purchasing Department prior to the bid opening date and time.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 - CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute,[in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award.

12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions.

12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid form is included with the Bidding Documents on OpenGov.

13.02 All blanks on the Bid form shall be completed by printing in ink or typed and the Bid signed. A Bid price shall be indicated for each [section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature.

13.08 All names shall be typed or printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form.

13.10 The address and telephone number for communications regarding the Bid shall be shown.

ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

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B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 13.02 of the General Conditions.

ARTICLE 15 - SUBMITTAL OF BID

15.01 Each prospective Bidder is furnished a copy of the Bidding Documents. A copy of the Bid Form contained within the Bid Documents or the entire Bid Document booklet must be completed and submitted with the following data:

A. Required Bid security in the form of Bid Bond or certified or cashier’s check;

B. Executed Bidder Affidavit on Compliance with Drug-free Workplace Act and Certificate;

C. Executed Noncollusion Affidavit of Prime Bidder;

D. Statement of Compliance Certificate Illegal Immigrants;

E. Iran Divestment Act / Non-Boycott of Israel form;

F. Copy of Active Contractor’s License.

G. Completed and notarized Contractor Responsibility Questionnaire

15.02 The CONTRACTOR’S Name, CONTRACTOR’S license number, CONTRACTOR’S license expiration date shall be provided with the submitted Bid (a copy should be uploaded via OpenGov).

15.03 A Bid shall be submitted no later than the date and time prescribed as indicated in the advertisement or invitation to Bid and shall be submitted electronically by uploading the required documents to OpenGov. All Bidders must be registered with OpenGov at:

https://procurement.opengov.com/portal/murfreesborotn.

15.04 The City of Murfreesboro is not responsible for technical errors or omissions made by prospective bidders during the bid submission process that may result in a bid not being submitted, being submitted incompletely, or being submitted incorrectly. In the case of technical issues that are verified to be a City error, the Purchasing Department will take reasonable steps to resolve the issue so that the process remains fair to all bidders.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn within OpenGov prior to the date and time for the opening of Bids.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened at the date and time indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly via Zoom. A Zoom link will be provided to all those registered as following this bid. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

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ARTICLE 19 - AWARD OF CONTRACT

19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered.

Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the Successful Bidder, the Successful Bidder shall deliver the required Payment and Performance Bonds and Certificate of Insurance. Upon receipt and approval, the Contract will be sent to all Parties via DocuSign for execution.

ARTICLE 22 - SALES AND USE TAXES

22.01 If owner were to supply material or equipment, OWNER is exempt from state sales and use taxes on materials and equipment to be incorporated in the Work.

ARTICLE 23 - RETAINAGE

23.01 Provisions concerning CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

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ARTICLE 24 - CONTRACTS TO BE ASSIGNED

24.01 OWNER has not executed contracts for materials and equipment to be furnished and delivered to the Site for installation by

CONTRACTOR.

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State of ___________Tennessee____________ County of _________Rutherford______

BIDDER AFFIDAVIT ON COMPLIANCE

WITH DRUG-FREE WORKPLACE ACT AND CERTIFICATE

Bidder, after being first duly sworn, affirms that it has a Drug-Free Workplace Program that complies with Tennessee Code

Annotated, Title 50, Chapter 9, in effect at the time of submission of its bid, at least to the extent required of governmental entities. Bidder affirms that:

1. it has received a Certificate of Compliance with the applicable proportions of the Drug-Free Workplace Act from the

Department of Labor and Workforce Development and has attached a copy of such certificate to this Affidavit; or,

2. it operates a drug and alcohol testing program at least as stringent as the City of Murfreesboro's drug and alcohol testing program as contained in Sections 3005 and 3006 of the City of Murfreesboro Employee Handbook and shall, upon request, provide documentation of such program to the City.

Name of Bidder

Printed Name and Title of Principal Officer

Signature by Principal Officer

Sworn to and subscribed before me a Notary Public for the above state and county, on

This ____ ___ day of_________________________, 20 .

Notary Public

My Commission Expires

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Pursuant to T.C.A. §50-9-113, a Bidder must have a Drug-Free Workplace Program that complies with Tennessee Code Annotated, Title 50, Chapter 9 in effect at the time of submission of its bid, at least to the extent required of governmental entities.

The City of Murfreesboro has a Drug-Free Workplace Program certified by the Tennessee Department of Labor and Workforce Development pursuant to Title 50, Chapter 9. The City of Murfreesboro Drug-Free Workplace Program is set forth in City of Murfreesboro Employee Handbook Sections 3005 and 3006 (copies are available without charge upon request). City of Murfreesboro Employee Handbook Sections 3005 and 3006 provide for the random testing, reasonable suspicion testing, pre-employment testing, promotion or transfer testing, post-accident testing, return-to-duty testing, and follow-up testing of all employees classified as safety sensitive or as CDL employees for alcohol and/or drugs. Additionally, Murfreesboro Employee Handbook Section 3005 provides for reasonable suspicion testing, return-to-duty testing and follow-up testing for non-safety sensitive employees for drugs and alcohol. Such testing is conducted using the same standards as in the United States Department of Transportation Regulations established for the drug and alcohol testing of CDL operators.

A bidder for construction services is required to submit an Affidavit, as part of its bid, that attests that such bidder operates a Drug-Free Workplace Program or other drug or alcohol testing program with requirements at least as stringent as that of the program operated by the City of Murfreesboro.

Bidder may satisfy this requirement by attaching a copy of a Certificate of Compliance with the applicable provisions of the Drug-Free Workplace Act from the Department of Labor and Workforce Development to the City to the required Affidavit.

Pursuant to T.C.A. §50-9-114(d), unless suit is filed in Chancery Court, bidders shall have seven (7) calendar days to contest a contract entered into by contractors subject to the provisions of this section. Bidders who do not contest such contracts within seven (7) calendar days by filing suit in Chancery Court waive any right to challenge such contract for violating the provisions of T.C.A. §50-9-113 and T.C.A. §50-9-114. Such suits shall be brought in the Chancery Court for Rutherford County.

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NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of _________________________)

County of _______________________)

____________________________________, being first duly sworn, deposes and says that:

(1) He is __________________________________________ of (owner, partner, officer, representative, or agent)

______________________________________________, the Bidder who has submitted the attached Bid;

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all the pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest , including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly , sought by agreement or collusion or communication or conference with any other Bidder, firm, or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid prices of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the Owner or any person interested in the Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

By: ____________________

Title: ___________________

Subscribed and sworn to before me This _______ day of ____________________, 20_____.

By: _______________________________________

My Commission Expires _________________, 20_____.

Group 1 17

NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR

State of _________________________)

County of _______________________)

____________________________________, being first duly sworn, deposes and says that:

(1) He is __________________________________________ of (owner, partner, officer, representative, or agent)

___________________________________________, hereinafter referred to as the “Subcontractor”;

(2) He is fully informed respecting the preparation and contents of the Subcontractor’s Proposal submitted by the Subcontractor to _____________________________________, the

Contractor for certain work in connection with the ________________________ Contract pertaining to the ________________________________________________

Project in _______________________________.

(3) Such Subcontractor’s Proposal is genuine and is not a collusive or sham Proposal;

(4) Neither the Subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said Subcontractor’s Proposal, or to secure through any collusion, conspiracy, connivance, or is unlawful agreement any advantage against the City or any person interested in the proposed Contract; and

(5) The price or prices quoted in the Subcontractor’s Proposals are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

By: ____________________

Title: ___________________

Subscribed and sworn to before me

This _______ day of ____________________, 20____.

By: _________________________________________

My Commission Expires _________________, 20____.

Group 1 18

STATEMENT OF COMPLIANCE CERTIFICATE

ILLEGAL IMMIGRANTS

EACH CONTRACTOR BIDDING SHALL FILL IN AND SIGN THE FOLLOWING

This is to certify that ___________________________________________________ have fully complied with all the requirements of Chapter No. 878 (House Bill No. 111 and Senate Bill No. 411) which serves to amend Tennessee Code Annotated Title 12, Chapter 4, Part 1, attached herein for reference.

All Bidders for construction services on this project shall be required to submit an affidavit (by executing this compliance document) as part of their bid that attests that such Bidder shall comply with requirements of Chapter no.

878.

Signed: ___________________________________

State of _____________________________)

County of ___________________________)

Personally appeared before me, ____________________________, the undersigned Notary Public, __________________________________, the within named bargainor, with whom I am personally acquainted, and known to me to be the President / Owner / Partner (as applicable) of the _______________________________________________________________, Corporation, Partnership, Sole Proprietorship (as applicable) and acknowledged to me that he executed the foregoing document for the purposes recited therein.

Witness my hand, at office, this ________ day of ____________________________, 20________.

Notary Public

STATEMENT OF COMPLIANCE CERTIFICATE - ILLEGAL IMMIGRANTS

Group 1 19

TENNESSEE CODE ANNOTATED TITLE 12, CHAPTER 4, PART 1, CHAPTER 878

12-4-124. Illegal immigrants. — [Amended effective October 1, 2011. See the Compiler's Notes.] (a)

(1) The state or other state entities shall not contract to acquire goods or services from any person who knowingly utilizes the services of illegal immigrants in the performance of a contract for goods or services entered into with the state or a state entity.

(2) No person may contract to supply goods or services to the state or other state entities if that person knowingly utilizes the services of illegal immigrants in the performance of a contract to supply goods or services entered into with the state or a state entity.

(3) After January 1, 2007, no person may enter into a contract to supply goods or services to the state or other state entities without first attesting in writing that the person will not knowingly utilize the services of illegal immigrants in the performance of the contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of the contract.

[Amended effective October 1, 2011.]

(b) If any person who contracts to supply goods or services to the state or other state entities, or who submits a bid to contract to supply goods or services to the state or other state entities, is discovered to have knowingly utilized the services of illegal immigrants in the performance of the contract to supply goods or services to the state or other state entities, the commissioner of finance and administration shall declare that person to be prohibited from contracting for or submitting a bid for any contract to supply goods or services to the state or other state entities for a period of one (1) year from the date of discovery of the usage of illegal immigrant services in the performance of a contract to supply goods or services to the state or other state entities.

[Amended effective October 1, 2011.]

(c) Any person who is prevented from contracting for or submitting a bid for a contract to supply goods or services to the state or other state entities for one (1) year pursuant to subsection (b) may appeal the imposition of the one-year prohibition by utilizing an appeals process to be established by the commissioner of finance and administration.

[Amended effective October 1, 2011.]

(d) The commissioner of finance and administration is authorized to promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

[Acts 2006, ch. 878, § 1; 2010, ch. 1098, § 3.]

Group 1 20

Iran Divestment Act

By submission of this bid, 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 a person included within the list created pursuant to T.C.A. §12-12-106.

Signature: __________________________ Date: ______________________

Title: _______________________________

Non-Boycott of Israel

By submission of this bid, 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 supplier is not boycotting Israel pursuant to 2022 Public Acts, Chapter 775, § 1, eff. July 1, 2022, and will not boycott Israel during the term of contract. This applies to contracts of $250,000 or more and to contractors with ten

(10) or more employees.

Signature: __________________________ Date: ______________________

Title: _______________________________

Group 1 21

Required State of Tennessee Third Party Clauses

Conflicts of Interest.

The Grantee warrants that no part of the total Grant Contract Amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensaƟon, or giŌs in exchange for acƟng as an officer, agent, employee, subcontractor, or consultant to the Grantee in connecƟon with any work contemplated or performed relaƟve to this Grant Contract

Lobbying.

The Grantee cerƟfies, to the best of its knowledge and belief, that:

a. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or aƩempƟng to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connecƟon with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperaƟve agreement, and the extension, conƟnuaƟon, renewal, amendment, or modificaƟon of any federal contract, grant, loan, or cooperaƟve agreement.

b. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or aƩempƟng to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connecƟon with this contract, grant, loan, or cooperaƟve agreement, the Grantee shall complete and submit Standard Form-LLL, “Disclosure of Lobbying AcƟviƟes,'' in accordance with its instrucƟons.

c. The Grantee shall require that the language of this cerƟficaƟon be included in the award documents for all sub-awards at all Ɵers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperaƟve agreements) and that all subrecipients shall cerƟfy and disclose accordingly.

This cerƟficaƟon is a material representaƟon of fact upon which reliance was placed when this transacƟon was made or entered into and is a prerequisite for making or entering into this transacƟon imposed by 31 U.S.C. § 1352

NondiscriminaƟon.

The Grantee hereby agrees, warrants, and assures that no person shall be excluded from parƟcipaƟon in, be denied benefits of, or be otherwise subjected to discriminaƟon in the performance of this Grant Contract or in the employment pracƟces of the Grantee on the grounds of handicap or disability, age, race, color, religion, sex, naƟonal origin, or any other classificaƟon protected by federal, Tennessee state consƟtuƟonal, or statutory law. The Grantee shall, upon request, show proof of nondiscriminaƟon and shall post in conspicuous places, available to all employees and applicants, noƟces of nondiscriminaƟon.

Public Accountability.

If the Grantee is subject to Tenn. Code Ann. § 8-4-401 et seq., or if this Grant Contract involves the provision of services to ciƟzens by the Grantee on behalf of the State, the Grantee agrees to establish a system through which recipients of services may present grievances about the operaƟon of the service program. The Grantee shall also display in a prominent place, located near the passageway through which the public enters in order to receive Grant supported services, a sign at least eleven inches (11") in height and seventeen inches (17") in width staƟng:

NOTICE: THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY DIRECTOR OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL, IMPROPER, OR WASTEFUL, PLEASE CALL THE STATE

COMPTROLLER’S TOLL-FREE HOTLINE: 1-800-232-5454.

The sign shall be on the form prescribed by the Comptroller of the Treasury. The Grantor State Agency shall obtain copies of the sign from the Comptroller of the Treasury, and upon request from the Grantee, provide Grantee with any necessary signs.

Public NoƟce.

All noƟces, informaƟonal pamphlets, press releases, research reports, signs, and similar public noƟces prepared and released by the Grantee in relaƟon to this Grant Contract shall include the statement, “This project is funded under a grant contract

Group 1 22 with the State of Tennessee, Department of TransportaƟon.” All noƟces by the Grantee in relaƟon to this Grant Contract shall be approved by the State.

Records.

The Grantee and any approved subcontractor shall maintain documentaƟon for all charges under this Grant Contract. The books, records, and documents of the Grantee and any approved subcontractor, insofar as they relate to work performed or money received under this Grant Contract, 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 Grantee’s records shall be subject to audit at any reasonable Ɵme and upon reasonable noƟce by the Grantor State Agency, the Comptroller of the Treasury, or their duly appointed representaƟves.

The records shall be maintained in accordance with Governmental AccounƟng Standards Board (GASB) AccounƟng Standards or the Financial AccounƟng Standards Board (FASB) AccounƟng Standards CodificaƟon, as applicable, and any related AICPA Industry Audit and AccounƟng guides.

In addiƟon, documentaƟon of grant applicaƟons, budgets, reports, awards, and expenditures will be maintained in accordance with U.S. Office of Management and Budget’s Uniform AdministraƟve Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Grant expenditures shall be made in accordance with local government purchasing policies and procedures and purchasing procedures for local governments authorized under state law.

The Grantee shall also comply with any recordkeeping and reporƟng requirements prescribed by the Tennessee Comptroller of the Treasury.

The Grantee shall establish a system of internal controls that uƟlize the COSO Internal Control -Integrated Framework model as the basic foundaƟon for the internal control system. The Grantee shall incorporate any addiƟonal Comptroller of the Treasury direcƟves into its internal control system.

Any other required records or reports which are not contemplated in the above standards shall follow the format designated by the head of the Grantor State Agency, the Central Procurement Office, or the Commissioner of Finance and AdministraƟon of the State of Tennessee.

Environmental Tobacco Smoke.

Pursuant to the provisions of the federal “Pro-Children Act of 1994” and the “Children’s Act for Clean Indoor Air of 1995,” Tenn Code Ann. §§39-17-1601 through 1606, the Grantee shall prohibit smoking of tobacco products within any indoor premises in which services are provided to individuals under the age of eighteen (18) years. The Grantee shall post “no smoking” signs in appropriate, permanent sites within such premises. This prohibiƟon shall be applicable during all hours, not just the hours in which children are present. Violators of the prohibiƟon may be subject to civil penalƟes and fines. This prohibiƟon shall apply to and be made part of any subcontract related to this Grant Contract.”

Required Federal Third Party Clauses

IncorporaƟon of Federal Transit AdministraƟon (FTA) Terms The provisions within include, in part, certain Standard Terms and CondiƟons required under the Uniform AdministraƟve Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violaƟon of the FTA terms and condiƟons.

NoƟce to Third Party ParƟcipants Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and

Group 1 23

Applicable changes to those federal requirements will apply to each Third Party Agreement and parƟes thereto at any Ɵer.

Civil Rights Laws and RegulaƟons The following Federal Civil Rights laws and regulations apply to all contracts.

1 Federal Equal Employment Opportunity (EEO)…