ITB 6877 FRONT LOADER REFUSE COLLECTION VEHICLES.pdf

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Attached to
ITB 6877 Front Loader Refuse Collection Vehicles
Solicitation number
ITB 6877
Issued by
Washington County, Tennessee

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This is an Invitation to Bid (ITB 6877) issued by the City of Johnson City, Tennessee Purchasing Department for three (3) 2026/2027 model front loading refuse collection vehicles. The solicitation requests new, unused vehicles equipped with cab-over truck chassis, 40 cubic yard full eject front loader collection bodies, and comprehensive component specifications including diesel engines, automatic transmissions, hydraulic systems, and safety equipment. Bidders must complete and return specification checklists with vehicle build sheets, and a demonstration of the proposed truck may be required at the vendor's expense. The bid due date is Tuesday, November 4, 2025, at 3:00 PM, with public opening via simultaneous virtual and in-person meeting. The anticipated award date is November 20, 2025. Delivery timeframe is an award consideration, and the vehicles must be delivered to Johnson City, Tennessee on a FOB Destination basis with freight prepaid and allowed. Payment terms are Net 30.

The specifications mandate extensive technical requirements covering chassis components, engine specifications (Cummins IS 12 liter, 350 HP minimum with five-year, 200,000-mile warranty), transmission systems (Allison 4500 RDS with five-year extended warranty), brake systems, electrical components, and compaction body construction with full ejection capability. Standard and extended warranties are award considerations. Vendors must provide location of parts inventory, complete parts manuals, two company contacts for support, written verification of steel construction materials signed by body manufacturer principal, and a list of units sold during the past six months with customer references. The City reserves the right to reject any or all bids and award based on lowest responsible, responsive bidder meeting quality and performance standards. All work must comply with applicable OSHA/TOSHA and federal motor vehicle standards, and the City retains extensive contractual rights including termination at its sole discretion and immunity from indemnification claims.

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INVITATION TO BID

CITY OF JOHNSON CITY, TENNESSEE

PURCHASING DEPARTMENT

WWW.JOHNSONCITYTN.ORG/PURCHASING 423/975-2711

Bid Name / Number FRONT LOADER REFUSE COLLECTION VEHICLES / ITB 6877 Due Day / Date / Time Tuesday /Nov. 4, 2025 / 3:00 PM (at which time it will be opened publicly) Bid Location / Mail Address Johnson City Purchasing Department, Debbie Dillon-Director, 209 Water Street, Johnson City, TN 37601 Bid Contact / Telephone Johnny Isaacs jisaacs@johnsoncitytn.org or purchasing@johnsoncitytn.org Bid Issue Date October 21, 2025 Project Location Solid Waste Dept., c/o Fleet Management 209 Water Street, Johnson City, TN 37601 FOB Destination, freight prepaid and allowed - Johnson City, TN Payment Terms Net 30

Anticipated Award Date: November 20, 2025

Bidder is responsible for completing the remaining portion of this bid document

ITEM QTY DESCRIPTION UNIT PRICE TOTAL

3 ea

2026/2027 Model Front Loading Refuse Collection Vehicles as per the attached bid documents that are an integral part of this bid.

Estimated delivery of vehicle:

Delivery timeframe will be an award consideration

COMPLETE AND RETURN SPECIFICATION CHECKLISTS

INCLUDE VEHICLE BUILD SHEETS (FOR REFERENCE ONLY)

A demonstration of proposed truck may be required, at vendor’s expense, and will be an award consideration.

Warranties offered (standard and extended) will be award considerations Attached Vehicle Delivery & Acceptance procedures apply

Solicitations will be opened publicly via a simultaneous virtual and in-person meeting.

Join Zoom Meeting: ITB 6877 Front Loader Refuse Collection Vehicle Virtual Bid Opening;

Meeting ID: 831 3957 7249; Passcode: 952073. If you do not have access to a webcam, or you have no audio with your system, you may call this number to join: (646) 518-9805.If you have any issues accessing the zoom web meeting please call 423.975.2711 for direct assistance.

Bidder’s Reminder: ● Bid to be signed by authorized company representative; ● Verify prices, extensions and total as correct

By signing this document, the undersigned hereby agrees to the prices and all other terms and conditions, including the attached Sealed Solicitation General Terms & Conditions and the City’s Requirements for Bids, Requests for Proposals, and Contracts Between the City of Johnson City and Other Parties and the Requirements of the Iran Divestment Act and Non-Boycott of Israel Act (Sealed Solicitations General Terms & Conditions #16 & #19) contained in this bid and associated documents relating to this bid and will furnish items as specified if this bid is accepted. 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 complies pursuant to T.C.A. § 12-12-106 & T.C.A. § 12-4-119.

SUBMITTAL INSTRUCTIONS:

Submit electronically per link below or place signed bid response in a sealed envelope plainly identified on the outside with vendor name and bid name and number. Vendor responsible for delivery to Johnson City Purchasing Dept., Debbie Dillon- Director, 209 Water Street, Johnson City, TN 37601 on or

Firm Name

By

PRINTED & SIGNED

Address before the bid opening date and time.

ELECTRONIC RESPONSES: CLICK HERE Telephone

E-Mail

THIS SHEET MUST BE SIGNED AND RETURNED WITH BID TO BE VALID

http://www.johnsoncitytn.org/PURCHASING mailto:jisaacs@johnsoncitytn.org mailto:purchasing@johnsoncitytn.org https://us06web.zoom.us/j/83139577249?pwd=umogJD0IDauvMOqm4pbYib172OaPyK.1 https://www.bidnetdirect.com/tennessee/cityofjohnsoncity

CITY OF JOHNSON CITY

SOLID WASTE DIVISION

(3) FRONT LOADING REFUSE COLLECTION VEHICLE

It is the intent of these specifications to describe a complete cab over truck chassis and 40 cubic yard Full Eject

Front Loader collection body for the collection of Municipal Solid Waste. All equipment being bid must be new, unused and the manufactures current model.

Bidder must complete and return this form for the bid to be considered responsive. A check mark shall be placed in each area of specification agreement. Any variance must be clearly identified and bidder may use a separate sheet if necessary. Exceptions to the specifications will be evaluated on an individual basis with the

City alone determining the importance relating to the overall performance of the units being bid. Any omission from the specifications shall not relieve the bidder from the responsibility of furnishing a complete unit ready to use.

CHASSIS SPECIFICATIONS BIDDER’S EQUIPMENT

2026 -2027 MODEL, CAB OVER CHASSIS MEETING

DIMENSIONAL CHARACTERISTICS LISTED BELOW

(STATE MAKE AND MODEL) ____________________________________

WHEEL BASE (200”– 210”) ____________________________________

GVWR – 66,000 LBS MINIMUM ____________________________________

REAR AXLE: 46,000 LB DUAL REDUCTION TANDEM

WITH TOP MOUNTED BOGIES, BRONZE TRUNION

BUSHINGS WITH DRIVER CONTROL DIFF LOCK.

4 WHEEL LOCK ____________________________________

46,000 LB ANTI-SWAY FLEXIBLE WALKING

BEAM WITH TORQUE TUBE ____________________________________

FRONT AXLE – 20,000LB MINIMUM, HEAVY DUTY

MULTILEAF SUSPENSION, STATIC LOAD CUSHIONS ____________________________________

HEAVY DUTY DOUBLE CHANNEL FRAME,

120,000 PSI WITH ¼” “C” CHANNEL FRAME

REINFORCEMENT MINIMUM RBM 3,127,200,

HUCK BOLT FRAME FASTNERS ___________________________________

HEAVY DUTY FRAME CROSS MEMBERS BEHIND CAB ___________________________________

FRONT TOW HOOKS ___________________________________

LH FRAME MOUNTED 10 GALLON UREA TANK: ___________________________________

ENGINE: BIDDER’S EQUIPMENT

DIESEL ENGINE – MINIMUM, FULLY ELECTRONIC

CUMMINS IS 12 LITER;350 HP @ 2100 RPM, 1450 FT LB

TORQUE WITH JACOBS BRAKE OR APPROVED EQUAL

FIVE (5) YEAR, 200,000 MILE ENGINE WARRANTY

TO INCLUDE ENGINE,

ENGINE AFTER TREATMENT AND EMISSIONS SYSTEMS,

INCLUDING SENSORS, ENGINE ELECTRONICS, HARNESS

AND SENSORS, STARTER AND ALTERNATOR,

NO DEDUCTIBLE. WITH FRONT PTO PROVISIONS. ____________________________________

TRANSMISSION AND EQUIPMENT

AUTOMATIC TRANSMISSION – ALLISON 4500 RDS

6 SPEED W-AUTO NEUTRAL SHIFT PROGRAMMING

FOR REFUSE SPECIAL, WITH 5 YEAR EXTENDED

WARRANTY. GEARED COMPATIBLE WITH AXLE,

BOTH FOR NORMAL HIGHWAY SPEED (70 MPH TOP SPEED) ___________________________________________

BRAKE SYSTEM

AIR COMPRESSOR – MERITOR 37.4 CFM MIN ____________________________________

MERITOR HEATED AIR DRYER ____________________________________

AUTOMATIC MOISTURE EJECTORS ALL TANKS ____________________________________

FULL S-CAM TYPE FRONT AND REAR BRAKES,

ABS FEDERAL ANTI-LOCK BRAKING SYSTEM

WITH Q PLUS BRAKES FRONT AND REAR

FRONT: 16.5 X 7 Q PLUS REAR: 16.5 X 8.62 Q PLUS ____________________________________

ARVIN MERITOR AUTOMATIC SLACK ADJUSTERS

FRONT AND REAR ____________________________________

PARKING BRAKES BOTH REAR TANDEMS ____________________________________

BRAKE DUST SHEILDS ALL WHEELS ____________________________________

ELECTRICAL

ALL LIGHTING SHALL BE LED TYPE

TO INCLUDE SIDE BED AND REAR WITH

CAB MARKERS ____________________________________

145 AMP ALTERNATOR MIN ____________________________________

(3) 12 VOLT MAINTENANCE FREE BATTERIES ____________________________________

vharless Highlight

BIDDER’S EQUIPMENT

STARTER: DELCO 12V 42MT/OCP 450 SER.

W/THERMAL PROTECTION ____________________________________

110 VOLT 1500 WATT ENGINE BLOCK HEATER ____________________________________

BATTERY DISCONNECT SWITCH MOUNTED NEAR

BATTERY LOCATION W/BOOST LUGS ____________________________________

4 EACH SPARE FUSED TOGGLE TYPE SWITCHES

IN CAB ____________________________________

CB RADIO HOOK UP IN CAB (1) HOT WIRE

(1) GROUND WIRE (1) COAX CABLE ___________________________________

POWER OUTLET – 12 VOLT ____________________________________

CRUISE CONTROL FOR HIGH IDLE ____________________________________

FULL INSTRUMENTATION GAUGES ____________________________________

ENGINE WARNING SYSTEM FOR LOW OIL PRESSURE

OR OVERHEATING CONDITIONS ____________________________________

AM/FM RADIO ____________________________________

UNIT SHALL BE EQUIPPED WITH A SENSOR SYSTEM

THAT ALERTS DRIVER WITH WARNING LIGHT AND

ALARM, NO AUTO BRAKING, WHEN OBJECT IS

DETECTED BEHIND VEHICLE WHILE BACKING.

PLEASE SPECIFY TYPE AND MANUFACTURER. ____________________________________

OTHER ITEMS

OSHA APPROVED BACK-UP ALARM ____________________________________

FUEL/WATER SEPARATOR ____________________________________

COOLING: HEAVY DUTY RADIATOR WITH

CHARGE AIR COOLER AND ELECTRIC FAN CONTROL

ELECTRIC OVERRIDE SWITCH ____________________________________

75 GALLON FUEL CAPACITY MINIMUM ____________________________________

VERTICAL EXHAUST W/MUFFLER ____________________________________

DUAL POLISHED AIR HORNS ____________________________________

HEATED WEST COAST MIRRORS WITH CONVEX

SPOT MIRRORS ____________________________________

AIR SUSPENSION DRIVERS SEAT ____________________________________

STATIONARY PASSENGER SEAT ____________________________________

FACTORY INSTALLED R134A AIR CONDITIONER

INTEGRAL WITH HEATER ____________________________________

GLARE TINTED WINDSHEILD ____________________________________

CAB LATCH RELEASE HANDLES OR CABLES

BOTH SIDES, MOUNTED BEHIND CAB ____________________________________

CAB JACK W/ HANDLE ____________________________________

FRONT TIRES 425/65R22.5 – 20 PLY

MICHELIN XZY M/S ____________________________________

REAR TIRES 11R22.5 – 16 PLY

MICHELIN XDE M/S ____________________________________

ACCURIDE STEEL WHEELS (BUDD TYPE) ____________________________________

ENGINE OIL DIPSTICK AND FILL TUBE

MOUNTED BEHIND CAB, PASSENGER SIDE ____________________________________

MOLDED CUP HOLDERS ____________________________________

TILT STEERING ____________________________________

COLOR – WHITE ____________________________________

UNIT SHALL BE DELIVERED WITH THE STANDARD

OWNER/OPERATOR MANUALS ALONG WITH ONE (1)

SET OF SERVICE MANUALS AND PARTS BOOKS

OR CD ROMS ___________________________________

ALL MANUFACTURES STANDARD EQUIPMENT AND

THREE (3) SETS OF KEYS ____________________________________

WARRANTY INFORMATION

VENDOR TO STATE WARRANTY PERIOD OFFERED

BY THE MANUFACTURER AND SUB MANUFACTURER

NOTE: VENDOR MUST CARRY ALL MANUFACTURERS

WARRANTY! ____________________________________

VENDOR TO STATE AVAILABILITY OF ANY EXTENDED

WARRANTIES AND THEIR ASSOCIATED COSTS OTHER

THAN TRANSMISSION AND ENGINE FOR CONSIDERATION

BY THE CITY OF JOHNSON CITY ____________________________________

COMPACTION BODY SPECIFICATIONS

GENERAL

MAKE AND MODEL ___________________________________

BODY CAPACITY EXCLUDING HOPPER (28-30 CY) ___________________________________

HOPPER CAPACITY (12 CY) ___________________________________

ESTIMATED PAYLOAD –VERFICATION MAY BE

REQUESTED BY THE CITY OF JOHNSON CITY

IN THE FORM OF LANDFILL WEIGHT TICKETS ___________________________________

LIFTING ASSEMBLY

THE ASSEMBLY SHALL BE CAPABLE OF LIFTING

A GROSS LOAD OF 8,000LBS MINIMUM ___________________________________

LIFT ARM CYCLE TIME SHALL BE 18-20 SECONDS

MINIMUM ___________________________________

THE LIFT ARMS DURING THE LIFT CYCLE SHALL

NOT INTERFERE WITH THE OPENING OF THE TRUCK

CAB DOORS ON EITHER SIDE ___________________________________

THE LIFT ARMS SHALL BE HYDRAULICALLY

ACTUATED BY TWO (2) DOUBLE ACTING CYLINDERS

LOCATED OUTSIDE THE BODY AT FLOOR LEVEL AND

DIRECTLY ATTACHED TO THE LIFT ARMS ___________________________________

THE LIFT ARMS SHALL BE WELDED TO A REAR

TORQUE TUBE WHICH SHALL BE MOUNTED IN

A MINIMUM OF 4 SPLIT BEARING BLOCKS WITH

FOUR (4) REPLACEABLE SPLIT BRONZE BUSHINGS

WITH GREASE PROVISIONS. THE BEARING BLOCKS

SHALL BE RIGIDLY WELDED TO THE LOWER FRONT

OF THE BODY. ____________________________________

THE FORKS SHALL BE HYDRAULICALLY ACTUATED

BY (2) DOUBLE ACTING CYLINDERS ____________________________________

THE TWO FORKS SHALL BE MINIMUM 1 ½”

THICK AND CONSTRUCTED OF HIGH TENSILE

STEEL (50,000 PSI MINIMUM YIELD).THE FORKS

SHALL BE WELDED TO A FORK TORQUE TUBE ____________________________________

THE TORQUE TUBE SHALL BE MOUNTED IN

TWO (2) SPLIT BEARING BLOCKS WITH TWO (2)

REPLACEABLE SPLIT BRONZE BUSHINGS

WITH GREASE PROVISIONS. THE BEARING BLOCKS

SHALL BE RIGIDLY WELDED TO THE FRONT

OF THE LIFT ARMS. THIS ASSEMBLY SHALL

ALSO INCLUDE RUBBER BUMPERS TO REDUCE

IMPACT AND PREVENT DAMAGE TO CONTAINERS. ____________________________________

THE LIFTING DEVICE SHALL BE DESIGNED

TO PROVIDE THE NECESSARY DUMP ANGLE

TO ASSURE COMPLETE DISCHARGE OF

MATERIALS FROM THE REFUSE CONTAINERS ____________________________________

FORKS MUST STORE IN VERTICAL POSITION

AT LOWEST POINT OF LIFT CYCLE ____________________________________

HEAVY DUTY BOLT-ON HARD RUBBER ARM STOPS

SHALL BE LOCATED ON EACH SIDE OF THE BODY

TO PREVENT OVER TRAVEL OF THE LIFT ARMS ____________________________________

AN INCAB MOUNTED WARNING LIGHT SHALL

BE PROVIDED TO INDICATE WHEN ARMS ARE

RAISED ABOVE THE BODY ____________________________________

CONSTRUCTION

HOPPER FLOOR CONSTRUCTED OF

MINIMUM ¼” THICK ABRASION

RESISTANT STEEL (184,000 PSI MINIMUM YIELD) ____________________________________

LOWER HOPPER SIDES SHALL BE CONSTRUCTED

OF MINIMUM 3/16” THICK ABRASION RESISTANT

STEEL (184,000 PSI MINIMUM YIELD) ____________________________________

UPPER HOPPER SIDES SHALL BE CONSTRUCTED BIDDER’S EQUIPMENT

OF MINIMUM 8 GAUGE HIGH TENSILE STEEL

(80,000 PSI MINIMUM YIELD) ____________________________________

BODY FLOOR SHALL BE FLAT AND CONSTRUCTED OF MINIMUM ¼” THICK STEEL

(184,000 PSI MINIMUM YEILD) ____________________________________

BODY SIDE SHALL BE CONSTRUCTED OF

MINIMUM 8 GAUGE HIGH TENSILE STEEL SHEET

SIDE ACCESS DOOR WITH ADEQUATE STEPS AND

GRAB HANDLES SHALL BE PROVIDED FOR

BODY ENTRY ____________________________________

ROOF SHALL BE CONSTRUCTED OF MINIMUM

8 GAUGE HIGH TENSILE STEEL

ALL AREAS SHALL BE REINFORCED BY ADEQUATE

BRACING TO WITHSTAND CONDITIONS PACKER

BODY IS SUBJECTED TO. ALL BRACES AND POSTS

SHALL BE CONTINUOUSLY WELDED ____________________________________

UNLOADING SYSTEM SHALL BE FULL EJECTION

TYPE. THE LOWER PORTION OF THE PACKING

PANEL FACE SHALL BE CONSTRUCTED OF MINIMUM

3/16” ABRASION RESISTANT STEEL (184,000 PSI MINIMUM

YIELD) THE UPPER PORTION SHALL BE CONSTRUCTED OF

A MINIMUM 7 GAUGE HIGH TENSILE STEEL (80,000 PSI

MINIMUM YIELD). THE PACKING PANEL SHALL BE

REINFORCED FOR MAXIMUM STRENGTH ____________________________________

PACKING CYCLE TIME (STATE TIME) INCLUDING

BACKWARD AND FOREWARD MOVEMENT ____________________________________

PACKING PANEL GUIDE RAILS SHALL BE LOCATED

AT THE LOWER CORNERS OF THE INSIDE BODY WALLS.

TWO WEAR PLATES SHALL ALSO BE LOCATED ON THE

BODY FLOOR OVER THE LONGITUDINALES.

SPECIFY THICKNESS AND STRENGTH OF GUIDE RAILS

AND WEAR PLATES. (IF WEAR PLATES ARE NOT

APPLICABLE PLEASE EXPLAIN WHY) ____________________________________

THE PACKING PANEL SHALL BE GUIDED ON BOTH

SIDES OF THE BODY BY TWO (2) ALL STEEL ABRASION

RESISTANT WEAR PLATES ON THE GUIDE TUBES AND

TWO (2) ABRASION RESISTANT ALL STEEL WEAR

PLATES OVER THE LOGITUDINALES ____________________________________

THE PACKER SHALL BE HYDRAULICALLY

ACTUATED BY TWO (2) DOUBLE ACTING

CASE HARDENED CYLINDERS WITH HARDENED SCRAPER

5 ½” MINIMUM IN DIAMETER. SPECIFY SIZE AND

MANUFACTURER OF CYLINDERS ___________________________________

THE PACKING PANEL SHALL BE PROVIDED WITH

BOLT-ON LUGS FOR EACH OF THE TWO (2) PACKING

CYLINDERS. THE CYLINDERS SHALL BE ATTACHED TO THE

PACKER PANEL LUGS VIA TWO INCH (2)” DIAMETER PINS.

CYLINDER REMOVAL MAY BE ACCOMPLISHED BY

EITHER PULLING THE PINS OR BY THE ENTIRE BOLT-ON

LUGS. THE LUGS SHALL BE ATTACHED TO THE PACKING

PANEL WITH SIX (6) ¾” DIAMETER BOLTS FOR EACH

LUG ASSEMBLY. ____________________________________

THE BODY FRONT HEAD SHALL BE PROVIDED WITH

BOLT-ON LUGS FOR PACKING CYLINDERS. THE LUGS

SHALL RETAIN CYLINDER PINS WITH FOUR (4) ¾”

DIAMETER BOLTS. ____________________________________

THE PACKING CYCLE SHALL BE INTERLOCKED

WITH THE TAILGATE RAISE FUNCTION SUCH

THAT THE FULL EJECT IS POSSIBLE ONLY WHEN TAILGATE

IS IN THE RAISED POSITION. AN ADDITIONAL INTERLOCK

SHALL BE PROVIDED TO PREVENT RAISING THE ARMS

ABOVE THE CAB IF THE PACKING PANEL IS

NOT FULLY IN THE FORWARD POSITION. ___________________________________

A “STOP” AND “RETRACT” PUSH BUTTON

SHALL ALSO BE PROVIDED, GIVING THE OPERATOR

COMPLETE CONTROL OF THE PACKING PANEL

MOVEMENTS. ___________________________________

A HYDRAULICALLY ACTUATED SLIDING TOP

DOOR SHALL BE PROVIDED TO COVER THE

HOPPER. AN IN-CAB WARNING LIGHT SHALL

BE PROVIDED TO INDICATE WHEN THE TOP

DOOR IS NOT FULLY OPENED. ___________________________________

TOP DOOR SHALL BE CONSTRUCTED OF MINIMUM

12 GAUGE STEEL AND FRAMED ADEQUATELY ___________________________________

TAILGATE SHALL BE ONE PIECE AND CONSTRUCTED

OF A MINIMUM 11 GAUGE HIGH TENSILE STEEL

A HEAVY DUTY TAILGATE SEAL OF RUBBERIZED

GASKET MATERIAL SHALL BE INSTALLED THE FULL

WIDTH OF THE BOTTOM AND 68” UP THE SIDES OF THE

TAILGATE TO PREVENT LEAKAGE ___________________________________

THE TAILGATE SHALL BE REINFORCED BY A MINIMUM

¼” STEEL (80,000 PSI YIELD) HORIZONTAL BOXED BRACE___________________________________

THE TAILGATE SHALL BE OPENED AND SECURED IN A

CLOSED POSITION BY A FULLY AUTOMATED LATCHING

AND LOCKING MECHANISM FROM INSIDE THE CAB.

MANUAL TAILGATE LATCHES NOT ACCEPTED ___________________________________

A HEAVY DUTY STEEL SCREEN SHALL BE INSTALLED

ON THE ENTIRE FRONT OF THE BODY TO CONTAIN

ANY MATERIALS WHICH MAY FALL OVER OR BEHIND

THE PACKING PANEL ___________________________________

A ROOF ACCESS LADDER SHALL BE LOCATED

ON THE SIDE OR REAR OF THE COMPACTION BODY

AND A FRONT WINDSHEILD PROTECTOR ___________________________________

HYDRAULICS

MAXIMUM OPERATING PRESSURE OF THE HYDRAULIC

SYSTEM SHALL BE 2500 PSI ____________________________________

A HEAVY DUTY DENISON SINGLE VANE PUMP,

FRONT MOUNTED WITH ELECTRONIC OVER-SPEED

CONTROL SHALL BE PROVIDED. THE PUMP SHALL

HAVE RATED CAPACITY OF APPROXIMATELY

52 GPM @ 1300 RPM ____________________________________

ALL HYDRAULIC TUBES SHALL BE SECURELY

CLAMPED TO PREVENT VIBRATION, ABRASION

AND EXCESSIVE NOISE. ____________________________________

ALL HYDRAULIC HOSES SHALL CONFORM TO

S.A.E. STANDARDS FOR DESIGNED PRESSURE.

FLAT SPOTS IN HOSES WILL NOT BE ACCEPTABLE ____________________________________

ALL HOSES SHALL BE PROTECTED WITH

FABRIC GUARD. ____________________________________

FRONT PUMP HOSES AND PIPEING SHALL BE ROUTED

AND MOUNTED NO LOWER THAN THE

RADIATOR SUPPORT. ____________________________________

A STEEL SKID PLATE SHALL BE MOUNTED TO THE

FRONT BUMPER AND THE BOTTOM OF THE RADIATOR

SUPPORT TO PROTECT THE FRONT PUMP HOSES. ____________________________________

THE HYDRAULIC OIL TANK SHALL BE OF SUFFICIENT

CAPACITY TO SERVE THE HYDRAULIC SYSTEM. THE

TANK SHALL BE EQUIPPED WITH A SCREENED FILL

PIPE AND CAP, FILTER BREATHER, CLEAN OUT COVER

5” IN DIAMETER, SHUT-OFF VALVE, MAGNETIC PLUG

AND OIL LEVEL INDICATOR. TANK SHALL BE FRAME

MOUNTED. ANY DEVIATION FROM THE ABOVE SHALL

BE NOTED. ____________________________________

HYDRAULIC SYSTEM SHALL INCLUDE A TEN

MICRON RETURN LINE FILTER ALONG WITH A

100 (140 MICRON) MESH REUSABLE OIL STRAINER

IN THE SUCTION LINE. ____________________________________

THE MAIN CONTROL VALVE SHALL BE SECTIONAL

IN ASSEMBLY, WITH RELIEF TO PREVENT OVERLOAD

DAMAGE. VALVE DESIGN SHALL PROPERLY OPERATE

ALL HYDRAULIC COMPONENTS. ____________________________________

A HYDRAULIC PRESSURE GAUGE SHALL BE PROVIDED

AND MOUNTED IN AN EASY TO READ LOCATION

FROM THE CAB BY THE OPERATOR. ____________________________________

OVERSPEED CONTROL SHALL BE PROVIDED WITH

POWER TAKE OFF UNIT. ____________________________________

CONTROLS

ARMS AND FORKS SHALL BE CONTROLLED BY JOYSTICK.

TAILGATE AND TOP DOOR TO BE CONTROLLED BY IN CAB__________________________________

AIR CONTROLS. PACKING CYCLE AND FULL EJECTION

SHALL BE CONTROLLED BY PUSH BUTTON\AIR CONTROL___________________________________

LIGHTING

ALL LIGHTS SHALL BE LED TYPE.

ALL LIGHTS AND REFLECTORS SHALL CONFORM TO

FEDERAL MOTOR VEHICLE STANDARD #108. A PACKER

FLOODLIGHT SHALL BE PROVIDED TO ILLUMINATION ____________________________________

THE HOPPER AREA. FLOODLIGHT CONTROL TO BE

PROVIDED ON INSTRUMENT PANEL. TAILGATE TO

INCLUDE STROBE LIGHT AND ADEQUATE BACK-UP

LIGHTING. RUNNING LIGHT, SIGNAL LIGHTS AND

REFLECTORS TO BE MOUNTED ON EACH SIDE OF

BODY. ALSO ALLEY LIGHTS TO BE MOUNTED ON

DRIVERS SIDE & PASSENGER SIDE OF BODY

WITH DRIVER CONTROL INSIDE CAB. _____________________________________

PAINTING

ENTIRE BODY SHALL BE CLEANED OF ALL DIRT,

GREASE, AND WELD SLAG. A HIGH GRADE PRIMER

SHALL BE APPLIED FOLLOWED BY A FINISH COAT

OF HIGH GLOSS ACRYLIC URETHANE ENAMEL.

COLOR TO BE WHITE TO MATCH BODY ___________________________________

OTHER

CLEAN OUT SHOVEL KIT MOUNTED ON FORWARD SIDE

OF PACKER PANEL ____________________________________

HYDRAULIC OIL TANK HEATER 500-WATT

IF OPTIONAL ____________________________________

20 LB FRAME MOUNTED FIRE EXTINGUSHER ____________________________________

FRAME MOUNTED TOOL BOX 18X18X36 ____________________________________

MUDD FLAPS ANTI-SAIL/ANTI SPLASH BIDDER’S EQUIPMENT

MOUNTED AHEAD OF REAR TIRES AND

BEHIND REARMOST TIRES ____________________________________

A REAR UNDERRIDE GUARD THE WIDTH OF THE

BODY SHALL BE INSTALLED TO MEET FEDERAL

MOTOR CARRIER SAFETY REGULATIONS ____________________________________

A STEEL FULL CAB SHIELD SHALL BE PROVIDED.

CAB SHIELD SHALL BE DESIGNED AND CONSTRUCTED

TO NOT INTERFERE WITH THE TILTING OF THE CAB. ____________________________________

FRONT FLAP OF CAB SHEILD SHALL BE RAISED

BY HYDRAULIC CYLINDERS EITHER BY MANUAL

JACKS OR BY SWITCH INSIDE OF CAB. ____________________________________

OPENING IN CAB SHIELD FOR VERTICLE EXHAUST

MUST BE COVERED BY A SCREEN TO PREVENT FOREIGN

OBJECTS FROM FALLING INTO ENGINE COMPARTMENT ____________________________________

BACKUP CAMERA MOUNTED ON TAILGATE

HOPPER CAMERA MOUNTED TO VIEW INSIDE HOPPER

MONITOR MOUNTED INSIDE CAB. ____________________________________

3RD EYE CAMERA SYSTEM

W/DVR WITH SD CARD INCLUDED

TO BE PRICED SEPERATLY AS OPTION. ____________________________________

WARRANTIES

BODY AND PARTS – 12 MONTH UNCONDITIONAL

FROM WHEN UNIT IS DELIVERED TO THE CITY

WITH COST INCLUDED IN THE BID. ____________________________________

LIFT ARM AND PACKING CYLINDERS- FIVE YEAR

UNCONDITIONAL FROM WHEN UNIT IS

DELIVERED TO THE CITY WITH COST INCLUDED

IN THE BID. ____________________________________

REPLACEMENT CYLINDERS – FIVE YEAR

UNCONDITIONAL FROM WHEN THE CYLINDER IS

DELIVERED TO THE CITY WITH COST INCLUDED

IN THE BID. ____________________________________

REPLACEMENT PTO PUMP- FIVE YEAR

UNCONDITIONAL FROM WHEN UNIT IS DELIVERED

TO THE CITY WITH COST INCLUDED IN THE BID. ____________________________________

SPECIFY NAME AND LOCATION OF

CYLINDER MANUFACTURER. ____________________________________

ESITIMATED DELIVERY TIME FOR COMPLETE UNIT: ____________________________________

BID SUBMITTALS:

PLEASE PROVIDE THE REQUESTED INFORMATION AS DESCRIBED BELOW AND ATTACH TO

BID SPECIFICATIONS FOR CONSIDERATION.

1. LIST LOCATION OF PARTS INVENTORY.

2. COMPLETE PARTS MANUAL CD ROM OR BOOK.

3. PROVIDE TWO COMPANY CONTACTS FOR ANY QUESTIONS OR CONCERNS THE CITY

MAY HAVE DURING THE INITIAL OPERATION OF THE UNIT. PROVIDE NAME, TITLE,

ADDRESS, PHONE NUMBER AND EXPERIENCE FOR EACH CONTACT.

4. PROVIDE WRITTEN VERIFICATION OF STEEL USED IN CONSTRUCTION OF THE

COMPACTION BODY. VERIFICATION MUST BE SIGNED BY A PRINCIPAL OF THE

BODY MANUFACTURER.

5. PROVIDE A LIST OF ALL UNITS SOLD DURING THE PAST SIX MONTHS INCLUDING

NAME OF COMPANY, LOCATION, CONTACT PERSON AND PHONE NUMBER.

VEHICLE/EQUIPMENT DELIVERY & ACCEPTANCE PROCEDURES

ACCEPTANCE: DELIVERY DOES NOT MEAN ACCEPTANCE. ALL

VEHICLES/EQUIPMENT ARE SUBJECT TO INSPECTION TO ESTABLISH

CONFORMITY TO SPECIFICATIONS PRIOR TO ACCEPTANCE.

1. Prior to delivery (if applicable):

Tires are to be inspected to insure proper inflation levels.

All fluid levels to be checked and corrected as needed.

Remove any unnecessary manufacturer's tape, stickers, decals, labels or other items except for the itemized window sticker with e.p.a. fuel economy estimates.

Vehicle is to be test driven and all features are to be checked to insure proper operation.

Any final assembly or installation of features, equipment or any options must be completed prior to delivery.

All necessary repairs and/or adjustments must be made prior to delivery.

2. Vendor must give Fleet Management 24-hour notice prior to delivery (423) 975-2751.

3. Delivery shall be made during regular working hours, Monday through Friday, excluding

Holidays.

4. Vehicle or equipment will not be accepted if delivered to the wrong address.

5. Vendor must bring original specification sheets with vehicle delivery and MUST provide certificate of origin when vehicle is delivered along with the Title . Title shall be made out to: City of Johnson City, Tennessee.

6. Vendor must agree to sign the Acknowledgement of Receipt form (sample form attached) at time of vehicle/equipment delivery.

7. City has 48 hours (excluding weekends, Holidays, vacation leave) to inspect vehicle/equipment for specification compliance.

Revised May 2017

ACKNOWLEDGEMENT OF RECEIPT

VEHICLE/EQUIPMENT DELIVERY

The City of Johnson City acknowledges receipt of the following described vehicle or equipment:

Year Make Model VIN Price

Above described property was delivered to the specified location.

The City, by accepting receipt of this vehicle(s) or equipment, does not provide insurance coverage on the vehicle(s) or equipment and further declares that inspection has not been completed to determine compliance with City specifications. The City shall take ownership of and provide insurance on vehicles and equipment only after the City ascertains that the vehicles or equipment comply with City specifications. The City reserves the right to reject any non-conforming tender or delivery of vehicles, goods, or equipment.

City Representative

Date

Vendor

Vendor Representative

Date

CITY OF JOHNSON CITY, TENNESSEE

http://www.johnsoncitytn.org/purchasing

SEALED SOLICITATION GENERAL TERMS AND CONDITIONS

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

1. ACCEPTANCE, REJECTION AND POSTPONEMENT

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

2. ADDENDA

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

3. AWARD

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

4. AWARD PERIOD

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

5. BID TABULATIONS/RFP/RFQu RESPONSES

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

6. BRAND NAMES

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

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

7. CONDITION STANDARDS

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

8. COOPERATIVE PROCUREMENT BY OTHER GOVERNMENTS “PIGGYBACK”

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

9. DEFAULT

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

10. EQUAL OPPORTUNITY

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

11. EVALUATION

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

12. EXAMINATION OF BIDS/RFPS/RFQS

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

13. INDEMNIFICATION

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

14. INSPECTION

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

15. INSURANCE

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

16. IRAN DIVESTMENT ACT

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

17. LICENSES, FEES, PERMITS

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

18. MULTIPLE ITEM AWARD

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

19. NON-BOYCOTT OF ISRAEL ACT

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

http://www.johnsoncitytn.org/purchasing https://law.justia.com/citations.html http://tennessee.gov/generalservices/article/Public-Information-library http://tennessee.gov/generalservices/article/Public-Information-library http://tennessee.gov/generalservices/article/Public-Information-library

20. NON-COLLUSION AGREEMENT

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

21. PARTS AND SERVICE

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

22. PAST PERFORMANCE

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

23. PRE-BID MEETING ATTENDANCE

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

24. PRICING

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

25. PROPRIETARY/CONFIDENTIAL INFORMATION

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

26. PROTEST PROCEDURE

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

27. QUESTIONS

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

28. SAFETY STANDARDS

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

29. SAMPLES

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

30. SEALED SOLICITATION OPENINGS

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

31. SIGNATURES

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

32. SUBMITTAL OF SEALED BIDS/RFPS/RFQS

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

33. TAXES

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

34. TERM OF CONTRACT

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

35. WARRANTY

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

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

REQUIREMENTS FOR BIDS, REQUESTS FOR PROPOSALS, AND CONTRACTS

BETWEEN THE CITY OF JOHNSON CITY

AND OTHER PARTIES

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

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

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

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

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

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

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

6. No party or other entity shall file a lien of any nature whatsoever against City property, real, personal, or mixed, no matter where that property is located. Should a party or entity contracting with the City or acting as a subcontractor or subsubcontractor file a lien against any property, real, personal, or mixed, owned by the City, then that party or entity shall take immediate steps at its own cost and expense to remove said lien, or the City shall take such steps as it deems necessary and hold the other party or entity liable for any costs and attorneys’ fees associated with the lifting of said lien.

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

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

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

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

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

12. Unless the City elects otherwise, the City shall not provide any “builders’ risk” or an “all-risk” or equivalent policy for any reason whatsoever for any project in which the City has an interest, and the contractor or other such party shall assume this responsibility. That builder’s risk policy provided by the contractor or other such interested party shall name the City as an additional insured. The City shall not provide boiler and machinery insurance, but shall require such insurance as applicable, depending on the parameters of whatever project is involved. The cost of boiler and machinery insurance shall be borne by the appropriate contractor, subcontractor, or other interested party. The City shall not insure the interests of any other person or entity, nor shall the

City add any other person or entity as an additional insured to any of its policies.

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

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

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

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

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

Tennessee is required for the work to be performed by such design professional, consultants, or subcontractors.

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

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

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

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

City’s use thereof.

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

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

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

September, 2017

Revised November 2023

STATEMENT OF SOLICITATION DECLINE

City of Johnson City, Tennessee

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

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

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

Solicitation No.: # ____________ Solicitation Name: __________________________________________________

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

Insufficient time to…

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