Farragut_Fiber_Proposal_Contract_-_10-10-2024_002.pdf

PROPOSAL CONTRACT

Request for Proposals #2025-08

Town: Farragut

County: Knox

Description Of Project: Farragut Fiber Optic Cable Implementation

Project Length: 8.070 Miles

Completion Time: On or Before 12 Months from Notification of Award

All Proposals Must be Submitted To:

Farragut Community Center

239 Jamestowne Blvd Farragut, TN 37934

Deadline for Proposal Submissions: Date: November 11, 2024, Time: 1:00 PM

PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID

Company Name DBA, If Applicable

Street Address Phone Number

City, State, Zip Code Email Address

FEIN:

By:

City, St.:

Surety:

Are quotes firm for 120 days? Yes__ No__ Other_____

TABLE OF CONTENTS

Page # Instruction to Bidders

Supplemental Specifications to The Standard Specifications ........................... Revision Date Supplemental Specification to Section 100 ............................................... 05/30/24 Supplemental Specification to Section 200 ............................................... 12/27/23 Supplemental Specification to Section 300 ............................................... 08/28/24 Supplemental Specification to Section 400 ............................................... 08/28/24 Supplemental Specification to Section 500 ............................................... 12/27/23 Supplemental Specification to Section 600 ............................................... 12/27/23 Supplemental Specification to Section 700 ............................................... 12/19/22 Supplemental Specification to Section 800 ............................................... N/A Supplemental Specification to Section 900 ............................................... 08/28/24

The above Supplemental Specifications, revised as noted, are incorporated by reference for bidding purposes and will be printed with the Contract after awards. These Supplemental Specifications may be obtained from the Department at Suite 700, James K. Pol Bldg., Nashville, Tennessee or viewed on the Department’s website at https://www.tn.gov/tdot/tdot-construction-division.

Special Provisions......Special Provision Number, Regarding: .......................... Date Page # SP01 Contract Owner ............................................................. N/A 12 102B Unbalanced Bids ........................................................... 02/17/15 13 102I Employing & Contracting w/ Illegal Immigrants .............. 10/10/16 14 102LC TDOT Standard Specifications for Road and ................ 12/15/20 16 Bridge Construction 106A Buy America Requirements ........................................... 06/20/11 17 106B Prohibition on Certain Telecommunication and.............. 09/10/20 19 Video Surveillance Services or Equipment 106BA Build America, Buy America Act Requirements ............. 11/21/23 20 107ARPA American Rescue Plan Act ............................................ 09/04/24 23 107FP Water Quality and Storm Water Permits ........................ 02/08/21 25 700SIG Highway Signs, Luminaires, and Traffic Signals ............ 07/28/21 29 1230 Equal Employment Opportunity ..................................... 09/07/22 30 1231 Standard Federal Equal Employment Opportunity ........ 08/07/22 36 Construction Contract Specifications (Executive Order 11246) 1232 Notice of Requirement for Affirmative Action to ............. 06/20/22 42 Ensure Equal Employment Opportunity (Executive Order 11246) 1246 DBE Participation .......................................................... 05/30/24 45 1273 Required Contract Provisions (Fedar-Aid ...................... 10/23/23 47 Construction Contracts) AA-FED RATES Federal Wage Rates...................................................... 01/05/24 61 https://www.tn.gov/tdot/tdot-construction-division

Proposal Bid Form Add Alternate Bid Form Proposal Certification Proposal Bond Proposal Guarantee Town of Farragut Forms Terms and Conditions Non-Collusion Affidavit Drug Free Workplace Affidavit Contract Contract Payment and Performance Bond

Technical Specifications

ATTENTION

It shall be the bidders’ responsibility to confirm that the Proposal Contract contains all the documents indicated on the Table of Contents.

Should any omissions occur, the appropriate documents may be obtained from the TOWN OF FARRAGUT upon request.

TOWN OF FARRAGUT

INSTRUCTIONS TO BIDDERS

BIDS TO BE RECEIVED

11/11/2024

Sealed bids for the construction of the Farragut Fiber Optic Cable Implementation project will be received by the TOWN OF FARRAGUT, at 239 Jamestown Blvd., Farragut TN 37934, Attn. Allison Myers, Town Recorder, until 1:00 PM EST, November 11, 2024, and opened publicly at 239 Jamestown Blvd., Farragut TN 37934, at 1:00 PM EST, November 11, 2024. The reading of the bids will begin at 1:00 PM EST. A non-mandatory pre-bid meeting will be conducted at 11:00 AM EDT October 25, 2024, at 239 Jamestown Blvd., Farragut TN 37934.

The proposed construction shall be performed in accordance with the most current version of the Standard Specifications for Road and Bridge Construction of the Tennessee Department of Transportation, and the Standard Roadway and Structures Drawings of the Tennessee Department of Transportation which are incorporated herein by reference and made a part hereof. In addition, only the Special Provisions contained within the applicable Proposal Contract will be considered binding. Any reference to any Special Provision not contained within the applicable Proposal Contract shall be disregarded. All questions related to the Proposal Contract, Plans, Specifications or Special Provisions shall be directed to the Engineer, Terrance Hill, PE at Kimley-Horn and Associates, Inc., 10 Lea Avenue, Suite 400, Nashville, TN 37210, Terrance.Hill@kimley-horn.com (by 5:00 PM EST on November 1, 2024). Information received from other offices of the TOWN OF FARRAGUT is strictly advisory.

IMPORTANT NOTICE TO BIDDERS:

Prospective bidders should read the following instructions carefully before submitting their bids. Special attention is called to the regulations of the TOWN OF FARRAGUT that total bids, rather than unit prices, will be read. Proposals shall be rejected as being irregular if they fail to contain a unit price for each item listed. Extensions of the various items must be sub-totaled, carried forward, and shown as a grand total following the last proposal item. All entries must be in ink.

After a bidder has deposited a proposal with the TOWN OF FARRAGUT, they can withdraw it only on written request in accordance with Subsection 102.07 of the Tennessee Department of Transportation Standard Specifications.

Any and all documents submitted to the TOWN OF FARRAGUT that are associated with this project are subject to the Tennessee Public Records Act. Access to the record is governed by the Tennessee Public Records Act and the policies of the TOWN OF FARRAGUT and the Office of Open Records Counsel.

Totals read at the opening of the bids are not guaranteed to be correct and no final award of the contract will be made until bids and extensions have been checked and re-checked.

The TOWN OF FARRAGUT reserves the right to reject any bid proposal which is not acceptable to the parties as listed, although such bid proposal would otherwise qualify as the lowest and best bid under the Tennessee Department of Transportation Standard Specifications.

The TOWN OF FARRAGUT reserves the right to reject any or all Proposals, to waive technicalities or to advertise for new Proposals, if in the judgment of the awarding authority, the best interest of the TOWN OF FARRAGUT will be promoted thereby.

The TOWN OF FARRAGUT reserves the right to reject any or all Proposals, to waive irregularities and/or informalities in any Proposal, and to make an award in any manner, consistent with law, deemed in the best interest of the TOWN OF FARRAGUT.

The TOWN OF FARRAGUT reserves the right to cancel the award of any Contract, at any time prior to execution of said Contract by all parties without any liability against the TOWN OF

FARRAGUT.

The awarding of the contract or rejection of all proposals will be made within 60 days after the formal opening of the proposals. Upon award, a detailed letter of instructions will be forwarded along with appropriate documents to the low bidder.

The TOWN OF FARRAGUT hereby notifies all bidders, that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of age, race, color, religion, national origin, sex or disability in consideration for an award.

The TOWN OF FARRAGUT is an equal opportunity affirmative action employer, drug-free, with policies of nondiscrimination on the basis of race, sex, religion, color, national or ethnic origin, age, disability, or military service.

In accordance with Tennessee Code Annotated, Title 12, Chapter 4, Part 1, the

Contractor cannot be currently engaged in, and will not for the duration of the contract, engage in a boycott of Israel.

The Contractor shall complete the Bid Form and the Bid Form Add Alternate. The

TOWN OF FARRAGUT reserves the right to reject any and all bids on the BID FORM and/or the BID FORM ADD ALTERNATE.

PREQUALIFICATION OF BIDDERS:

Each prospective bidder and subcontractor will be required to file a document entitled

“Prequalification Questionnaire.” The foregoing shall be filed on a form provided by the Tennessee Department of Transportation. The form must be filled out completely, and the truth and accuracy of the information provided must be certified by a sworn affidavit signed by an officer, partner, owner or other authorized representative of the applicant who has authority to sign contracts or other legal documents on behalf of the applicant. A prospective bidder must be prequalified by and in good standing with the Tennessee Department of Transportation prior to the issuance of a proposal form. A prospective subcontractor must be prequalified by and in good standing with the Tennessee Department of Transportation prior to being approved as a subcontractor. Each prospective bidder or subcontractor shall notify the TOWN OF FARRAGUT if there is any subsequent change in the name, organization or contact information provided.

Prospective bidders’ “Prequalification Questionnaire” shall be filed with the Tennessee

Department of Transportation at least fourteen (14) days prior to the date of opening bids on any letting in which the applicant intends to submit a bid to the TOWN OF FARRAGUT, or at least fourteen (14) days prior to the date on which the applicant requests approval as a subcontractor under a contract awarded by the TOWN OF FARRAGUT. Bidders intending to submit proposals consistently shall complete and submit the prequalification application annually; however, this document may be changed during such period upon submission of additional favorable reports or upon receipt by the Tennessee Department of Transportation of substantiated evidence of unsatisfactory performance. The Tennessee Department of Transportation reserves the right to request additional information and documentation to clarify and/or verify any information submitted in an applicant’s prequalification application.

The prequalification form can be found at the web address http://www.tn.gov/tdot/section/tdot-construction-division

A proposal to be used for non-bidding purposes may be issued to any interested party regardless of prequalification. This proposal Contract will be marked "Void for Bidding". A contractor that has purchased a proposal contract that was marked “void for bidding” can buy another book once they are fully prequalified before the bid date.

PRE-BID MEETING

A Pre-Bid Conference will be held at the TOWN OF FARRAGUT Town Hall, at 11:00

AM EDT October 25, 2024, at 239 Jamestown Blvd., Farragut TN 37934. All Parties interested in bidding are hereby invited to attend this meeting. Attendance is non-mandatory.

The Non-Mandatory Pre-Bid meeting will be held 10/25/2024 at 11:00am via TEAMS meeting.

You must register to attend. The following link is to be used for registration:

https://events.gcc.teams.microsoft.com/event/85b82bb5-6644-4f9a-8004- 93cd1c795b56@87e50c08-edf4-4682-a80f-f07bbab5dc2d

LICENSING REQUIREMENTS

According to the types of funds used, contractor bidding requirements differ. When using

Local Government funds and without any Federal funds, proposals shall be completed as described below:

Proposals shall be submitted by a bidder licensed with the Tennessee Department of

Commerce and Insurance (TDCI), Board for Licensing Contractors (BLC) on construction contracts where the total cost is twenty-five thousand ($25,000) or more. In accordance with T.C.A. 62-06-119, proposals and bid documents shall be prepared and administered as follows:

62-06-119. Bid documents -- Penalties.

(a) Any person or entity preparing plans, specifications or any other documentation for inclusion in an invitation to bid or comparable bid document including any electronic bidding documents, shall reference this chapter in such documentation and include a http://www.tn.gov/tdot/section/tdot-construction-division https://events.gcc.teams.microsoft.com/event/85b82bb5-6644-4f9a-8004-93cd1c795b56@87e50c08-edf4-4682-a80f-f07bbab5dc2d https://events.gcc.teams.microsoft.com/event/85b82bb5-6644-4f9a-8004-93cd1c795b56@87e50c08-edf4-4682-a80f-f07bbab5dc2d specific statement informing the invited bidder that it is necessary for such bidder to be properly licensed at the time of the bid and provide evidence of compliance with the applicable provisions of this chapter before such bid may be considered.

(b) The person or entity involved in the preparation of the invitation to bid or comparable bid documents, including any electronic bid documents, shall direct that the following information be written upon the bid envelope or provided within the electronic bid document:

(1) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract;

(2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000);

(3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000);

(4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000);

(5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and

(6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document.

(c) Failure of any bidder to furnish the required information shall void such bid and such bid shall not be considered. Upon opening of the bid envelope or initial opening of an electronic bid, the names of all contractors listed shall be read aloud at the official bid opening and incorporated into the bid. Prior to awarding a contract, the awarding person or entity and its authorized representatives shall verify the accuracy, correctness and completeness of the required information, and any discrepancies found in the spelling of names of bidders, transposition of license numbers, or other similar typographical errors or omissions may be corrected within forty-eight (48) hours after the bid opening excluding weekends and state-recognized holidays.

(d) No invitation to bid may require that any subcontractor be identified, listed or designated until the final bid submission by the prime contractor, or that any prime contractor accept the bid of any subcontractor until the final bid submission by the prime contractor. This subsection (d) shall apply only to design/bid/build procurements where cost is the primary criterion for the contract award.

(e) Any person or entity, public and private, awarding a bid to a contractor who is not licensed in accordance with this chapter shall be subject to the penalty provided in T.C.A. 62-06-120(b).

(f) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the amount of civil penalties that may be imposed, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) for willful violation of this section.

Because TDOT work classifications and the BLC licensing classifications slightly differ, the Local Government will verify only that the apparent low bidder is licensed in the general classification (e.g., Heavy Construction (HC), Highway, Railroad, Airport Construction (HRA), Specialty (S), Municipal and Utility Construction (MU), or Electrical Contracting (CE)) and not the specific subcategories of these classifications for the type of work involved in the project.

This is in recognition that the prime contractor is required to complete 30% of the specific project work and may subcontract the remainder of the work.

Title 48 of Tennessee Code requires all contractors and subcontractors that are domestic or foreign Corporations, Limited Liability Companies, Limited Partnerships, or Limited Liability Partnerships to be in good standing with the Secretary of State (i.e., have a valid Certificate of Existence/Authorization). This includes being duly incorporated, authorized to transact business, and/or in compliance with other requirements as detailed by the Secretary of State.

Bidders that are domestic or foreign corporations, limited liability companies, limited partnerships, or limited liability partnerships, must be in good standing with the Secretary of State (i.e., have a valid Certificate of Existence/Authorization) on or before twenty-one (21) days after proposals are opened.

PROPOSAL BOND

Each proposal must be accompanied by a bidder's bond, or Cashier's Check, or

Certified Check made payable to the TOWN OF FARRAGUT in an amount equaling not less than five percent (5%) of the amount bid. In the case of optional items in the proposals, the amount of the bidder's bond or check must be in an amount equaling not less than five percent (5%) of the total amount of the bid based on the high option.

If the bidder's bond is offered as guaranty, the bond must be on the form furnished by the TOWN OF FARRAGUT and made by a surety company, qualified and authorized to transact business in the State of Tennessee and must be acceptable to the TOWN OF

FARRAGUT.

If a check is offered as guaranty, the check of the successful bidder will be cashable at the discretion of the TOWN OF FARRAGUT, pending the satisfactory execution and acceptance of the contract and the contract bond.

ISSUANCE OF BIDDING DOCUMENTS

This TOWN OF FARRAGUT will provide Plans, Proposal Contracts, and Tabulations of

Bids virtually. These documents can be downloaded by visiting https://www.townoffarragut.org/Bids.aspx or www.vendorlink.com. Tennessee Department of Transportation Standard Specifications can be found at https://www.tn.gov/tdot/tdot-construction-division/transportation-construction-division-resources/2021-standard-specifications.html. Tennessee Department of Transportation Standard Drawings can be found at https://www.tn.gov/tdot/roadway-design/standard-drawings-library.html. Proposals will be obtainable until the time set for bid receipt.

For those electing for a hardcopy, Tennessee Department of Transportation Standard Drawing Books will be furnished by the Tennessee Department of Transportation at $100.00 per book plus 9.25% sales tax, for in-state delivery. The most recent version of the Tennessee https://www.townoffarragut.org/Bids.aspx http://www.vendorlink.com/ https://www.tn.gov/tdot/tdot-construction-division/transportation-construction-division-resources/2021-standard-specifications.html https://www.tn.gov/tdot/tdot-construction-division/transportation-construction-division-resources/2021-standard-specifications.html https://www.tn.gov/tdot/tdot-construction-division/transportation-construction-division-resources/2021-standard-specifications.html https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.tn.gov%2Ftdot%2Froadway-design%2Fstandard-drawings-library.html&data=04%7C01%7CBen.Vondenbrink%40kimley-horn.com%7Cb16a64f140fb457a781408d8f3853311%7C7e220d300b5947e58a81a4a9d9afbdc4%7C0%7C0%7C637527100694677304%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=CU7kIRQoImgCm%2BDMtmQzhcRKjgt4%2FHAvhCkwg7YOjwY%3D&reserved=0

Department of Transportation Standard Specifications for Road and Bridge Construction will be furnished by the Tennessee Department of Transportation at $12.00 per book plus 9.25% sales tax, for in-state delivery. There will be a minimum charge of $2.00 on any purchase. All documents will be furnished without refund and transmitted at your risk.

When two or more contractors wish to bid together in a joint venture, each contractor will be required to make a written request for such a proposal to the TOWN OF FARRAGUT. This request shall be signed by an authorized signatory of each firm.

Requests for joint venture proposals may be made in person or by telephone. However, the proposal for said joint venture will not be issued until the request in writing, as set forth above, is received by the TOWN OF FARRAGUT.

REJECTION OF PROPOSALS

Proposals will be rejected as irregular if prior to the formal opening of the Proposal all of the following documents have not been signed: (1) the bidder shall sign by written signature the Proposal form, (2) the bidder shall sign by written signature the Proposal Certification form, (3) the bidder shall sign by written signature the Proposal Bond form or the Proposal Guarantee, whichever is applicable, (4) the Agent or Attorney-in-Fact representing a Surety Company shall sign by written signature the Proposal Bond, if applicable. In addition, Proposals will be rejected if any of the above signatures are a reproduced copy, such as, but not limited to a photostatic copy or a facsimile transmission. An original, dated and valid Power of Attorney for the Attorney-in-Fact must accompany the Proposal and the Contract. The accompanying Power of Attorney must be dated, and the date must be the exact same date as the date on the Proposal Bond.

The Proposal and the Proposal Bond, including the attached Power of Attorney, shall be valid and binding for 60 days subsequent to the date of opening bids.

Proposals shall be completed on the forms as issued. Proposals will be rejected as being irregular if they are not prepared on the prescribed forms; if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind; or if they fail to contain a unit price for each item listed. Proposals may be rejected if any of the unit prices contained therein are mathematically unbalanced, either excessive or below the Engineer’s Estimate.

Written alterations to unit prices and extensions of the various items in the bid item sheets of the Proposal or, for computer assisted bids (CAB), in the CAB program generated set of bid item sheets will not be cause for rejection of the Proposal, provided each alteration is made in ink and is initialed by a duly authorized official of the company. In case of conflict between altered unit prices or extensions thereof, the unit price in numerals will govern.

The Plans and Specifications are as much a part of the proposal form as if they were bound therein. All of the documents contained therein are part of the proposal. Proposals shall not be taken apart. Proposals taken apart may be subject to rejection. Photostatic or facsimile copies of Proposal sheets may not be attached to the Proposal. Proposals containing forms not issued by the TOWN OF FARRAGUT may be subject to rejection.

Proposals will be rejected as irregular if the bidder fails to acknowledge all addenda.

Proposals will be rejected as irregular when submitted by a bidder who is not prequalified and in good standing on the date of letting in accordance with Subsection 102.01 of the Tennessee Department of Transportation Standard Specifications and Chapter 1680-5-3, Prequalification of Contractors, of the Rules of the Tennessee Department of Transportation.

Proposals will be rejected as irregular when submitted by a bidder who is not licensed according to the requirements as detailed above.

Reasonable grounds for believing that there has been collusion among the Bidders will cause a rejection of all Proposals in which the Bidders involved are interested.

ADDENDA

Addenda to the Proposal will be acknowledged by all bidders. Failure to acknowledge receipt of Addendum Letters is grounds for rejection. Addenda will be available virtually at https://www.townoffarragut.org/Bids.aspx or www.vendorlink.com.

RETAINAGE

Effective for all contracts, the TOWN OF FARRAGUT will hold 5% retainage from each pay request.

SUBCONTRACTS

Your special attention is called to Section 105 - Control of Work, and Section 108 -

Prosecution and Progress of the Tennessee Department of Transportation Standard Specifications, concerning duties of the contractor and subletting of contracts.

CHANGED CONDITIONS

Your special attention is called to Section 104.02 of the Tennessee Department of

Transportation Standard Specifications, concerning changed conditions on this contract.

SUBMISSION REQUIREMENTS

Contractor shall provide all required bid documents, as specified in the proposal contract, in a sealed envelope. Sealed envelope shall be labeled with the contractor’s name, contractor’s address, project name “Farragut Fiber Optic Cable Implementation”, and the bid opening date and time.

LIQUIDATED DAMAGES

In the event that the Contractor fails to complete the project through System Acceptance

Testing and to the satisfaction of the TOWN OF FARRAGUT within the twelve-month period upon receipt of the “Notice To Proceed” issued by the TOWN OF FARRAGUT, the Contractor shall pay the TOWN OF FARRAGUT liquidated damages in the amount of $20 per calendar day of delay for each $100,000 of the contract price. The right to liquidated damages by the TOWN OF FARRAGUT will be in addition to any other rights or remedies set forth in this contract or applicable law. If the Contractor is delayed in completing the project by any act or omission of the TOWN OF FARRAGUT or by other causes beyond the Contractor's reasonable control, the time period shall be extended by Change Order for a reasonable time, and the Contractor shall not be liable for liquidated damages for such period of excusable delay.

https://www.townoffarragut.org/Bids.aspx https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.vendorlink.com%2F&data=05%7C02%7Cterrance.hill%40kimley-horn.com%7Cb92d646b32e546d18d4f08dce6e564ab%7C7e220d300b5947e58a81a4a9d9afbdc4%7C0%7C0%7C638639120640451808%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=Ng2RdH8fXHA3weSrePes4b7ytVAqvRY8ZLByXCi2Wng%3D&reserved=0

SP01 SP01

Sheet 1 of 1

SPECIAL PROVISION

REGARDING

CONTRACT OWNER

In the following Special Provisions, any and all references to the “State” or the

“Department” shall be interpreted as the “Town of Farragut” when the contract owner or awarder is being identified.

SP102B SP102B

S T A T E O F T E N N E S S E E

(Rev. 2-17-15) January 1, 2021

UNBALANCED BIDS

The Department will review all unit prices submitted by the apparently lowest responsible bidder and will decide whether any of the unit prices are excessively above or below a reasonable cost analysis value determined by the Engineer.

In the event any unit prices are determined to be unbalanced and contrary to the interest of the Department, the right is reserved to reject such bid at the discretion of the Department or to award the Contract and limit progress payments on units of work performed on any excessively priced items to costs that are satisfactorily documented by the Contractor plus 20 percent, until 85 percent of the Contract has been completed. Upon completion of 85 percent of the Contract, the Contractor will be reimbursed in accordance with Subsection 109.08 of the

Standard Specifications for the accepted quantities of work performed on the excessively priced items.

SP102I SP102I

f PSP102I g

S T A T E OF T E N N E S S E E

Rev: October 10, 2016 January 1, 2021

EMPLOYING AND CONTRACTING WITH ILLEGAL IMMIGRANTS

The State shall endeavor to do business only with those contractors and subcontractors that are in compliance with the Federal Immigration and Nationality Act. This policy shall apply to all State Contractors including subcontractors. This policy statement is issued to establish implementation guidance to procuring state agencies and contractors reflecting the requirements of Tennessee Code Annotated §12-3-309 regarding the employment of illegal immigrants in the performance of state contracts.

1. The Contractor hereby attests, certifies, warrants, and assures that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this

Contract. The Contractor shall reaffirm this attestation, in writing, by submitting to the State a completed and signed copy of the “Attestation form” provided by the Department, semi-annually during the period of this Contract.

2. Prior to the use of any subcontractor in the performance of this Contract, and semi-annually thereafter, during the period of this Contract, the Contractor shall obtain and retain a current, written attestation that the subcontractor shall not knowingly utilize the services of an illegal immigrant to perform work relative to this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant to perform work relative to this Contract.

3. The Contractor shall maintain records for its employees used in the performance of this Contract. Said records shall include a completed federal Department of

Homeland Security Form I-9, Employment Eligibility Verification, for each employee and shall be subject to review and random inspection at any reasonable time upon reasonable notice by the State.

The Contractor understands and agrees that failure to comply with this section will be subject to the sanctions of Tennessee Code Annotated § 12-3-309 for acts or omissions occurring after January 1, 2007. This law requires the Chief

Procurement Officer, Department of General Services, to prohibit a contractor from contracting with, or submitting an offer, proposal, or bid to contract with the

State of Tennessee to supply goods or services for a period of one year after a

SP102I SP102I

contractor is discovered to have knowingly used the services of illegal immigrants during the performance of this contract.

For the Purposes of this policy, “illegal immigrant” shall be defined as a non-citizen who has entered the United State of America without federal government permission or stayed in this country beyond the period allowed by a federal government-issued visa authorizing the non-citizen to enter the country for specific purposes and a particular time period.

SP102LC SP102LC

(Rev. 12-15-20) January 1, 2021

TENNESSEE DEPARTMENT OF TRANSPORTATION STANDARD

SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION

Description

Any and all references concerning the January 1, 2015 Standard Specifications for Road and

Bridge Construction shall be interpreted as the January 1, 2021 Standard Specifications for Road and Bridge Construction.

SP106A SP106A

(Rev. 6-20-11) January 1, 2021

BUY AMERICA REQUIREMENTS

All manufacturing processes for iron and steel products, and coatings applied thereon, used in this project shall occur in the United States except that if the proposal has bid items for furnishing domestic and foreign iron and steel, the bidder will have the option of (1) submitting a bid for furnishing domestic iron and steel, or (2) submitting a bid for furnishing domestic iron and steel and a bid for furnishing foreign iron and steel. If option (2) is chosen, the bid will be tabulated on the basis of (a) the total bid price using the bid price for furnishing domestic iron and steel and, (b) the total bid price using the bid price for furnishing foreign iron and steel.

For the total bid based on furnishing foreign iron and steel to be considered for award, the lowest total bid based on furnishing domestic iron and steel must exceed the lowest total bid based on furnishing foreign iron and steel by more than 25 percent. The 25 percent differential applies to the total bid for the entire project, not just the bid prices for the steel or iron products.

Iron and steel products are defined as products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed from iron and steel made in the United States. Iron products are included, however, pig iron and processed, pelletized, and reduced iron ore may be purchased outside the United States.

Manufacturing begins with initial melting and continues through the coating stage. Any process which modifies chemical content, physical size or shape, or the final finish is considered a manufacturing process. Coatings include epoxy, galvanizing, painting or any other surface protection that enhances the value and/or durability of a material.

The contractor shall provide a certification to the Engineer with each shipment of iron and steel products to the project site that the manufacturing processes for the iron and steel products occurred in the United

States. No steel shall be placed until the contractor ensures the requirements of this Special Provision are met.

The above requirements do not prevent a minimal use of foreign materials, if the cost of such materials used does not exceed 0.1 percent of the total contract cost or $2,500.00, whichever is greater. If steel not meeting the requirements of this Special Provision is used, the contractor shall provide a written statement to the Department prior to its use indicating where the steel will be incorporated in the work, SP106A SP106A the value of the steel, the percentage of the contract amount, and the appropriate invoices shall be submitted as documentation.

The contractor shall be responsible for all cost associated with any steel that is permanently incorporated into the project that does not meet the requirements of this Special Provision without prior written approval from the Department, up to and including removal and replacement.

SP106B SP106B

S T A T E O F T E N N E S S E E

September 10, 2020 January 1, 2021

PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

Installation of telecommunication and video surveillance equipment, services or systems shall contain no components from providers as listed in Title 2 Code of Federal Regulations (CFR) Part 200.216.

The prohibition on certain telecommunication and video surveillance services or equipment regulation in Title 2 CFR 200.216 shall apply to this contract. Take all necessary and reasonable steps in accordance with Title 2 CFR 200.216 to ensure that no prohibited telecommunication and video surveillance services or equipment are included in any of the work in this contract. As defined in Title 2 CFR 200.471, the regulation provides clarity that the telecommunications and video surveillance costs associated with Title 2 CFR 200.216 are unallowable for services and equipment from the providers.

It is prohibited from installing equipment, services, or systems that use covered telecommunications equipment or services from providers described in section 889 of the National Defense Authorization Act for Fiscal Year 2019 (NDAA 2019).

As described in section 889 of the NDAA 2019, “covered telecommunications equipment or services” means:

• Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

• Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

• Telecommunications or video surveillance services provided by such entities or using such equipment; or

• Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The term “covered foreign country” means the People’s Republic of China.

Any prohibited equipment installed must be removed and replaced at the contactor’s expense with acceptable equipment.

SP106BA SP106BA

December 12, 2022 January 1, 2021 (Rev. 9-12-23) (Rev. 11-21-23)

BUILD AMERICA, BUY AMERICA ACT

REQUIREMENTS

The Build America, Buy America Act (BABA) Public Law No. 117-58 SEC. 70914 that all of the iron, steel, manufactured products, and construction materials used are subject to Build America, Buy America requirements and are produced in the United States.

Effective 10/23/2023, the Office of Management and Budget (OMB) revised guidance in the Code of Federal Regulations (CFR) title 2 and add a new part 184 – Buy America Preferences For Infrastructure Projects and revised 200.322.

A. Iron and steel: FHWA existing requirements SP106A Regarding Buy America.

B. Manufactured products: FHWA Buy America Final Rule 11/25/1983, 48 FR 53099; Waiver for Manufactured Products.

C. Construction materials includes an article, material, or supply that is or consists of only one of the materials listed except as provided in 2).

1) Construction materials:

• non-ferrous metals;

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

• Glass (including optic glass);

• Fiber optic cable (including drop cable);

• Optical fiber;

• Lumber;

• Engineered wood; and

• Drywall.

2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material.

Construction materials incorporated into the project must meet one of the following construction material standards to be considered “produced in the United States”.

1) Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States.

2) Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States.

3) Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States.

4) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others.

5) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States.

6) Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States.

7) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States.

8) Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.

Provide certifications to the Engineer for the construction materials that they meet the Build America Buy America Act requirements. Assure all submittals required for Buy America are submitted to the Engineer prior to the products and or materials being incorporated in the project.

Effective August 16, 2023, with the US Department of Transportation (DOT) Office of the Secretary Docket No.: DOT-OST-2022-0124:

Waiver of Buy America Requirements for De Minimis Costs and Small Grants, decision, certain waivers to the requirements stated herein are allowed.

The BABA's domestic preferences for iron and steel, manufactured products, and construction materials used in projects funded under DOT administered financial assistance programs will not apply under a single financial assistance award for the following situations:

1) The total value of the noncompliant products is no more than the lesser of $1,000,000 or 5% of total applicable costs for the project; where the "total value of the non-compliant products" does not include the value of those products subject to a separate Buy America waiver. "Total applicable project costs" are defined as the cost of materials (including the cost of any manufactured products) used in the project that are subject to a domestic preference requirement, including materials that are within the scope of an existing waiver and the de minimis cost portion of the waiver does not apply to iron and steel subject to the requirements of 23 U.S.C. 313/ 23 CFR 635.410 (b)(4), or

2) The total amount of Federal financial assistance applied to the project, through awards or subawards, is below $500,000 but this does not apply to iron, steel, and manufactured goods subject to the requirements of 49 U.S.C. 22905(a).

The waiver does not apply to products that are the subject of two separate product-specific Buy America waivers from the Department:

1) For awards administered by FHWA that are subject to 23 U.S.C. 313, the waiver does not apply to electric vehicle chargers, as defined in the notice at 88 FR 10619.

2) For awards that are subject to 49 U.S.C. 5323(j), the waiver does not apply to mass-produced, unmodified non-ADA accessible vans and minivans with seating capacity for at least six adults not including the driver, as those terms are used in the notice at 87 FR 64534.

DOT Waiver of Buy America Requirements for De Minimis Costs requirements:

Provide certifications, documents, and calculations to the Engineer for all of the noncompliant products anticipated to be used in the project before being incorporated.

The contractor shall be responsible for all cost associated with products that are permanently incorporated into the project that does not meet the requirements of this Special Provision without prior written approval from the Department, up to and including removal and replacement.

SP107ARPA SP107ARPA

S T A T E O F T E N N E S S E E September 4, 2024 January 1, 2021

AMERICAN RESCUE PLAN ACT (ARPA)

The federal American Rescue Plan Act (ARPA) grant authorized and appropriated American Rescue Plan (ARP) fiscal recovery funds the associated provisions required for Non-Federal entity contracts. These provisions are fully detailed in Appendix II of 2 CFR 200.327 (§200.327 Contract provisions). The Contract must also comply with all applicable Federal Law, Regulations, and Executive Orders.

The Department must obtain a Minority/Women-owned Business Enterprises (MWBE) Certification and a Byrd Anti-Lobbying Amendment Certification for the ARPA funded contract.

By submitting a bid, Contractors certify the following:

1. Minority/Women Owned Business Enterprises subcontractors. It is required for the Contractor to demonstrate that when subcontractors are to be used on the project, an attempt will be made to utilize women/minority owned firms. Documentation must be on file to show who has been contacted.

2. Byrd Anti-Lobbying Amendment. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting 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 connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and

SP107ARPA SP107ARPA

contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

SP107FP SP107FP

Sheet 1 of 4

(Rev. 2-8-21) January 1, 2021

WATER QUALITY AND STORM WATER PERMITS

This work consists of the conditions that apply to all construction activities on the project pursuant to the following:

1. Section 404 of the Federal Clean Water Act (33 U.S.C. §1344), and all implementing regulations, including without limitation regulations of the U.S. Army Corps of Engineers governing permits for discharges of dredged or fill material into waters of the United States in 33 CFR Part 323; and

2. The Tennessee Water Quality Control Act (T.C.A. §69-3-101, et seq.) and all implementing regulations, including without limitation the Rules of the Tennessee

Department of Environment and Conservation governing NPDES permits in Chapter 400-

40-10, and Aquatic Resource Alteration permits in Chapter 400-40-7; and

3. Section 26a of the TVA Act of 1933 as amended (49 Stat. 1079, 16 U. S. C. sec. 831y1.)

and all implementing regulations, including without limitation the regulations of the

Tennessee Valley Authority governing construction in the Tennessee River System in 18

C.F.R., Part 1304; and

4. The Tennessee Wildlife Resources Agency Reelfoot Lake Watershed Management permit program (T.C.A. section 70-5-1,), and all implementing regulations, including without limitation regulations authorizing any activity, practice, or project which has or is likely to have the effect of diverting surface or subsurface water from the Lake or have the effect of draining or otherwise removing water from Reelfoot Lake; and

5. Coast Guard Bridge Permit (USCG) (Section 9 of the Rivers and Harbors Appropriation

Act of 1899) and all implementing regulations, including but not without limitation for projects which impact streams deemed navigable by the U.S. Coast Guard.

Sheet 2 of 4

Responsibility

Assume all responsibilities of the permittee as indicated in the permit that relates to protection of the "waters of the United States" and/or "waters of the State of Tennessee."

Obtain any additional permits required by the Contractor for off-site waste and/or borrow areas and associated off project work areas.

Sign the Notice of Intent (NOI) form, provided by the Department, indicating acceptance of the stipulations contained in the permit. Submit the signed NOI to the TDOT HQ Construction

Division by email within 10 calendar days after submittal of the contract proposal or the

Department may at its discretion cancel the award with the Contractor forfeiting the bid bond.

Implement the provisions of the Water Quality (including, but not limited to, TDEC ARAP, USACE 404, TVA Section 26a, Coast Guard, TWRA) and Storm Water [including, but not limited to, National Pollution Discharge Elimination System (NPDES), Statewide Stormwater

Management Plan (SSWMP)] Permits and requirements that pertain to construction activities.

Review of the permit provisions, including NPDES Permit provisions the site specific SWPPP, the contract plans, Standard Specifications and contract Special Provisions and find the permit requirements and…