ITB_Batteries.pdf

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City of Knoxville Purchasing Division Invitation to Bid

ITB - Batteries

Sealed bids, invited by the City of Knoxville, will be received by the Purchasing Division of the City of Knoxville, in Room 667- 674, City County Building; 400 Main Street; Knoxville, Tennessee, until 11:00:00 a.m. (Eastern Time) on May 5th, 2025 at which time they will be opened and publicly read aloud and a contract awarded as soon thereafter as practicable for Batteries.

Note this procurement is funded in part by grants to the City of Knoxville from the Federal Transit Administration. As such, federal requirements contained within this document apply.

The bid opening may be viewed virtually on Zoom through this link:

Topic: ITB - Batteries Time: May 5, 2025 11:00 AM Eastern Time (US and Canada) Join Zoom Meeting https://us05web.zoom.us/j/83328293677?pwd=KvXg2zm7xUTjkBGEfxTmOBcxS7f5rh.1

Meeting ID: 833 2829 3677 Passcode: wHfqi9

Scope of Work:

The City of Knoxville is seeking to purchase the necessary supply of batteries of various types as required by the City’s Fleet Services and Knoxville Area Transit. Bidders chosen by the City will be awarded a blanket purchase agreement for an initial 1-year term, with 2 optional 1-year renewals.

Please note: Failure to submit a correctly completed bid package may result in rejection of bid. Failure by the successful bidder to adhere to one or more of the requirements stated herein may cause the City of Knoxville to void the contract without delay or to take other corrective action in the best interest of the City. To evaluate each bid equally, a value must be entered on each of the requested line items. Failure to supply the price list with the bid may result in the bid being deemed non-responsive and rejected.

The City will accept all responsive bids submitted on or before the specified bid opening date and make an award to the most responsive, responsible bidders able to supply the necessary batteries within the acceptable lead time. The City reserves the right to award multiple bidders.

An award does not guarantee a vendor will receive an order during the term of this contract or that the awarded items will be requested by the department. The City may purchase all, some, or none of the items contained in this invitation to bid.

NO SPECIFIC QUANTITY IS GUARANTEED.

Purchases will be made on a rotating basis; however, the City may make purchases outside of the normal rotation based on availability for quantity needed.

Batteries shown on the attached list are approximate quantities for one year. Batteries not listed on the bid sheet will be priced at the same discount rate given to the ones that are listed. A current price list of all automotive batteries provided by

2 | P a g e the manufacturer will be submitted with the bid. While a list of batteries used by the City is provided in the Invitation to

Bid, this list is not exhaustive and does not represent the entirety of what the City uses and/or will purchase during the duration of the contract with the winning bidder. Infrequently used batteries that are not listed in this Invitation to Bid shall be priced at the same fixed percentage discount as the batteries listed. For example: If the listed batteries are bid at a 30% discount rate from the price list of a specific date, then all batteries must be priced at the same 30% discount rate.

The percentage discount must be stated in the bidder’s submission documents along with a current commercial price list for the brand being bid. Failure to list the pricing consistently with the fixed percentage discount rate may result in the bid being deemed non-responsive and rejected.

Prices that are bid will be firm for one year with the option to extend by mutual agreement of both parties for two additional one-year periods, for a total of three years.

Bids will be evaluated on price less fixed discount. In addition, bids will be evaluated on adherence to all specifications (including those on the bid form) and correct completion of the bid form.

The successful bidder(s) shall be required to provide new acid core batteries to replace defective, failed or unusable batteries at no charge for a period of one year after delivery. The AGM batteries are to have a three-year free replacement warranty. The vendor remains obligated to replace the batteries under warranty whether they choose to renew the contract for the next consecutive year. After one year on the acid core batteries, the supplier shall be required to provide new batteries to replace defective, failed or unusable batteries at a pro-rated cost during the remaining warranty period.

After three years, the AGM batteries will be replaced at a pro-rated cost during the remaining warranty period. The pro-rated cost shall be a percentage of the contract net unit price equal to the percentage of the warranty period in which the battery functioned properly.

The successful bidder(s) shall be required to affix battery information concerning the delivery date to each individual battery delivered and to retain all necessary records and documentation of the delivery.

Same day or next day delivery is required. If this delivery schedule cannot be met, please state your delivery period on the bid sheet. Same day product availability (emergency pick up by City personnel at vendor location) is required. If delivery problems arise and cannot be resolved, the City of Knoxville reserves the right to terminate the contract on the basis of non-performance.

The successful bidder shall be required to remove all battery cores on a weekly basis at each facility serviced.

The supplier will provide batteries for Fleet Services and for Knoxville Area Transit. Fleet Services has a heavy equipment shop located at 1400 Loraine Street and a light equipment shop located at 3409 Vice Mayor Jack Sharp Road. The batteries supplied to KAT are to be delivered to the 1135 Magnolia Avenue location.

Specifications:

The following batteries must be included in the bidder’s commercial price list. This list is not exhaustive, and City may need to purchase other batteries as needed.

BCI Group Size Voltage Cranking Amps @ 32 Degrees F

Minimum Cold Crank Amps @0 Degrees F

Quantity (Annual Estimate)

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1231MF 12 1175 940 70

NSB31 12 1370 1150 50

908D 12 1750 1400 100

908D w/straps and top post 12 1750 1400 75

65 12 1000 875 120

96R 12 740 600 50

48 AGM 12 1000 850 40

49 AGM 12 1000 800 130

65 AGM 12 1000 930 200

8D AGM 12 2700 2250 70

94R AGM 12 1000 800 45

31M AGM 12 2150 1150 10

The Contractor shall provide goods under this Agreement at prices based on the bidder's published commercial price list in effect as of the date of contract award, less a fixed discount. The discount shall remain firm for the full term of the agreement.

The price list must be:

• Published and publicly available.

• Submitted to the City as part of the bid.

Any updates to the published list prices must be submitted with a cover letter requesting acceptance. The City reserves the right to verify list prices and reject updates that are inconsistent with fair and reasonable pricing or the terms of this agreement.

Billing Instructions:

All charges are to be listed on the bid form. Additional charges, including but not limited to fuel surcharges, are NOT payable and will be deducted from any invoices received. Invoices must be presented to our shop personnel at the time of delivery.

Delivery Instructions:

Delivery will be to: The supplier will provide batteries for Fleet Services and for Knoxville Area Transit. Fleet Services has a heavy equipment shop located at 1400 Loraine Street and a light equipment shop located at 3409 Vice Mayor Jack Sharp Road. The batteries supplied to KAT are to be delivered to the 1135 Magnolia Avenue location.

Price is to include all charges, FOB Destination to Fleet Services and Knoxville Area Transit. Inside delivery is required. No after hour, holiday or weekend deliveries will be accepted. The City of Knoxville is not subject to federal or state taxes. The supplier is responsible for shipping and billing to the appropriate shop.

Bid Submission Requirements:

Bidders must furnish the following information in writing with their submission:

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1. Bid Form showing bidder’s name, address, quoted price, business license number, date of expiration of business license. A copy of the bidder’s current business license may be submitted in lieu of providing the license expiration date.

2. Submission Affidavits and Certifications

3. Warranty Information

4. Commercial Price List

Instructions and Conditions:

1. Sealed bids will be received by the Purchasing Division of the City of Knoxville in Room 667-674, City/County Building;

400 Main Street; Knoxville, Tennessee 37902 until May 5th, 2025, at 11:00:00 a.m., at which time they will be publicly opened and read aloud and the contract awarded as soon as practicable. No bid will be received or accepted after the above-specified time for the opening of bids. Bids that arrive late due to the fault of U. S. Postal Service, United Parcel Service, FEDEX, any delivery/courier service, or any other carrier of any sort are still considered late and shall not be accepted by the City. Such bids shall remain unopened and will be returned to the submitting entity upon request.

2. The City of Knoxville reserves the right to reject any or all bids, to accept or reject any items thereon, to waive technicalities or informalities, to split orders if in the best interest of the City, to evaluate bids by various criteria, and to accept any bid which, in its opinion, may be for the best interest of the City.

3. No interpretation of the meaning of the plans, specifications, or other pre-bid documents will be made to any bidder orally. Each request for such interpretation should be in writing addressed to Gabriel Massey, Procurement Technician for the City of Knoxville, 400 Main Street, Room 667, Knoxville, TN 37902, or emailed to gmassey@knoxvilletn.gov. To be given consideration, such requests/questions must be received at least five (5) business days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be posted to the City's website at www.knoxvilletn.gov/bids. Submitting organizations are strongly encouraged to view this website often to see if addenda are posted. Failure of any bidder to receive such addendum or interpretation shall not relieve such Bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.

4. NO CONTACT POLICY: After the posting of this solicitation to the Purchasing Division's website, any contact initiated by any bidder with any City of Knoxville representative concerning this Invitation to Bid is strictly prohibited, unless such contact is made with the Purchasing Division representative listed herein or with said representative's authorization. Any unauthorized contact may cause the disqualification of the bidder from this procurement transaction.

5. INCLEMENT WEATHER: During periods of inclement weather, the Purchasing Division will enact the following procedures with regard to solicitations and weather delays:

• If City offices are closed due to inclement weather on the date that bids/proposals/qualifications/letters of interest are due into the Purchasing Office, all solicitations due that same day will be moved to the next operational business day.

• The City of Knoxville shall not be liable for any commercial carrier’s decision regarding deliveries during inclement weather.

6. Submission Information: Prior to submitting their bids, bidders are to be registered with the Purchasing Division through the City of Knoxville’s online vendor registration system. Instructions for registering on-line are available at www.knoxvilletn.gov/purchasing. Bid submissions from un-registered bidders may be rejected. Bids may be submitted electronically through the City’s Procurement website or by hard copy, delivered to the Purchasing Division. Only one submission is required.

7. Hard Copy Submission Instructions:

Each bid delivered via hardcopy must be submitted in a sealed envelope, addressed to the Purchasing Division; City of Knoxville; City/County Building; 400 Main Street, Room 667-674; Knoxville, Tennessee, 37902. Each sealed envelope containing a bid must be plainly marked on the outside as: “ITB - Batteries.”

8. Electronic Submission Instructions:

Electronic submissions must be submitted online through the City’s Procurement website. DO NOT EMAIL YOUR SUBMISSION. If submitting electronically, a paper bid is not required.

http://www.knoxvilletn.gov/purchasing

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All proposers/bidders must register as a vendor in order to submit an electronic file.

Step One: Register as a City of Knoxville vendor (Vendors are encouraged to complete this step now to ensure seamless submission process prior to deadline.)

To register as a vendor:

• Visit the website at www.knoxvilletn.gov/purchasing

• Click the “Vendor Registration” link

• Click the link titled “Click here to register as a City of Knoxville Vendor”

• Follow the prompts to complete online registration. There is no cost to register as a vendor with the City of Knoxville.

o Note: An account activation email will be emailed to you and may be sent to your spam or junk folder.

DO NOT WAIT UNTIL SUBMISSION DEADLINE TO REGISTER AS A VENDOR. The electronic submission link will be disabled at 11:00:00 a.m. Eastern time. Vendors will not have the ability to submit any electronic files once the deadline has passed and the City will accept no late submissions.

Step Two: Submit all materials electronically as one (1) file to City’s Procurement website PRIOR to 11:00:00 a.m.

(Eastern Time) on the submission due date.

To submit electronic file:

• Visit the City’s solicitation website at https://www.bidnetdirect.com/tennessee/cityofknoxville

• Select “ITB - Batteries”

• Click “Place Bid” (located in the blue bar at top of screen)

• Follow the prompts to upload and submit electronic file o The City prefers only one (1) bid file per submission. Files MUST use the following naming convention, listing the firm’s name followed by the title of the project. Example: “ABC Company - ITB

- Batteries.pdf.” Should you need to merge multiple documents into one PDF please utilize Google to download a free software intended for merging pdf documents.

9. All bids must be made on the Bid Form supplied with the contract documents, and no interlineations, excisions, or special conditions shall be made or included in the Bid Evaluation Sheet by the Bidder. Any bid on which there is an alteration of or departure from the Bid Form may be considered irregular and may be rejected. All bids must be signed in full by the Bidder or Bidders in their business name or style when submitted and must show his or their complete address.

10. All bids must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled.

11. Bidders shall verify bids before submission, as bids cannot be withdrawn or corrected after being opened. Bids will be evaluated by unit price.

12. No bidder may withdraw his bid for a period of 60 days after the actual date of the opening thereof.

13. Prices are considered FOB Knoxville unless otherwise stated in the Invitation to Bid.

14. Taxes & Surcharges: If federal excise tax applies, show amount of same and deduct. The City is exempt from

Tennessee sales tax. All charges must be listed on the bid form, unless otherwise stated. Additional charges, including but not limited to fuel surcharges, are NOT payable and will be deducted from any invoices received. The City of Knoxville is not subject to federal or state taxes.

15. Payment for completed services delivered to and accepted by the City shall be at the contract price.

16. Time of delivery is part of the consideration and must be stated in definite terms; time of delivery is guaranteed by the bidder and must be adhered to upon award. If time varies on different items, the bidder shall so state.

17. EEO/AA: The City of Knoxville is an EEO/AA/Title VI/Section 504/ADA/ADEA Employer.

A. Bidders must comply with the President's Executive Orders No. 11246 and 11375 which prohibit discrimination in employment regarding race, color, religion, sex or national origin. Bidders must not maintain or provide for their employees any facilities that are segregated on the basis of race, color, religion or national origin. Bidders must also comply with Title VI of the Civil Rights Act of 1964, Copeland Anti-Kick http://www.knoxvilletn.gov/purchasing

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Back Act, the Contract Work Hours and Safety Standard Act, Section 402 of the Vietnam Veterans Adjustment Act of 1974 and Section 503 of the Rehabilitation Act of 1973, all of which are herein incorporated by reference.

B. All bidders must comply with Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. 2000d. The successful bidder must follow Title VI guidelines in all areas including hiring practices, open facilities, insurance, and wages. The City of Knoxville reserves the right to review all compliance records by a contract compliance officer designated by the City.

C. With regard to the services performed under this Agreement, the Contractor will comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ("ADA"). The Contractor agrees that it will defend, indemnify and hold the City harmless against any and all claims, demands, suits or causes of action which arise out of any negligent and/or intentional act or omission by the Contractor, its employees, agents or representatives that violates the ADA. The Contractor agrees that the City will not be responsible for any cost or expenses arising from the Contractor’s failure to comply with the ADA.

18. Included in the Invitation to Bid is an affidavit that the undersigned has not entered into any collusion with any person in respect to this bid. The bidder is required to submit this affidavit with the submission. Also included is the Diversity Business Enterprise Subcontractor/Consultant Statement form. Submissions must indicate on the enclosed form whether or not the bidder intends to use subcontractors and/or suppliers from one of the defined groups.

Bidders are advised that the City tracks use of such use, but it does not influence or affect evaluation or award.

19. In compliance with Tennessee state law, bids must be accompanied by a certification attesting that, to the best of the bidder's knowledge, the bidder does not engage in investment activities in Iran. The Iran Divestment Act of 2014 Certification of Noninclusion form may be found in this solicitation document.

20. Attention of all bidders is directed to the set off provision contained in Article II, Section 24-33, entitled, "Debts owed by persons receiving payments other than salary", and Section 2-1049 entitled "Receipt of benefits from City contracts by council members, employees, and officers of the City" of the Code of the City of Knoxville.

21. Before a Purchase Order is issued, the submitting entity, if selected, must provide the City Purchasing Division with a copy of its valid business license or with an affidavit explaining why it is exempt from the business licensure requirements of the city or county in which it is headquartered. If a contract is signed, the contractor’s business license shall be kept current throughout the duration of the contract, and the contractor shall inform the City of changes in its business name or location. Any Agreement to purchase resulting from this Invitation to Bid shall be governed by and construed in accordance with the substantive laws of the State of Tennessee and its conflict of laws provisions. Venue for any action arising between the City and the Vendor from the Agreement shall lie in Knox County, Tennessee.

22. By execution and delivery of a bid submission, the bidder agrees that any additional terms and conditions, whether submitted to the City purposely or inadvertently, shall have no force or effect.

23. Indemnification and Hold Harmless: This indemnification clause will not be altered in any way. Failure to agree with this indemnification clause may result in the City moving to the next responsible responsive bidder.

By acceptance and delivery of the Purchase Order resulting from the award of this Invitation to Bid, the Vendor agrees to the following:

Contractor shall defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liabilities which may accrue against the City, its officers, employees and agents or any third party for any and all lawsuits, claims, demands, losses or damages alleged to have arisen from an act or omission of Contractor in performance of this Agreement or from Contractor's failure to perform this Agreement using ordinary care and skill, except where such injury, damage, or loss was caused by the sole negligence of the City, its agents or employees.

Contractor shall save, indemnify and hold the City harmless from the cost of the defense of any claim, demand, suit or cause of action made or brought against the City alleging liability referenced above, including, but not limited to, costs, fees, attorney fees, and other expenses of any kind whatsoever arising in connection with the defense of the City; and Contractor shall assume and take over the defense of the City in any such claim, demand, suit, or cause of action upon written notice and demand for same by the City. Contractor will have the right to defend the City with counsel of its choice that is satisfactory to the City, and the City will provide reasonable cooperation in the defense as Contractor may request. Contractor will not consent to the entry of any judgment or enter into any settlement with

7 | P a g e respect to an indemnified claim without the prior written consent of the City, such consent not to be unreasonably withheld or delayed. The City shall have the right to participate in the defense against the indemnified claims with counsel of its choice at its own expense.

Contractor shall save, indemnify and hold City harmless and pay judgments that shall be rendered in any such actions, suits, claims or demands against City alleging liability referenced above.

The indemnification and hold harmless provisions of this Agreement shall survive termination of the Agreement.

Diversity Business Enterprise (DBE) Program:

The City of Knoxville strongly encourages prime contractors to employ diverse businesses in the fulfillment of contracts/projects for the City of Knoxville.

The City of Knoxville’s Fiscal Year 2023 goal is to conduct 4.3% of its business with minority-owned businesses, 10.3% of its business with woman-owned businesses, and 34.8% with small businesses.

While the City cannot engage (pursuant to state law) in preferential bidding practices, the City does strongly encourage prime contractors to seek out and hire diverse businesses in order to help the City meet its goals as stated above. As such, the City encourages prime contractors to seek out and consider competitive sub-bids and quotations from diverse businesses.

For DBE tracking purposes, the City requests that prime contractors, who are bidding, proposing, or submitting statements of qualifications, report whether or not they plan to employ DBE’s as sub-contractors or consultants. With that in mind, please fill out, sign, and submit (with your bid/proposal) the Subcontractor/Consultant statement included in the submission forms based on the following definitions:

Diversity Business Enterprise (DBE’s) are minority-owned (MBE), women-owned (WBE), service-disabled veteran-owned (SDVBE), and small businesses (SBE), who are impeded from normal entry into the economic mainstream because of past practices of discrimination based on race or ethnic background. These persons must own at least 51% of the entity and operate or control the business daily.

Minority: A person who is a citizen or lawful admitted permanent resident of the United States and who is a member of one

(1) of the following groups:

a. African American: persons having origins in any of the Black racial groups of Africa;

b. Hispanic American: persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;

c. Native American: persons who have origin in any of the original peoples of North America;

d. Asian American: persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.

Minority Business Enterprise (MBE) is a continuing, independent, for-profit business that performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more minority individuals.

Woman Business Enterprise (WBE) is a continuing, independent, for-profit business that performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more women.

Service-Disabled Veteran Owned Business Enterprise (SDVBE) is a continuing, independent, for profit business that performs a commercially useful function, owned by any person who served honorably on active duty in the armed forces of

8 | P a g e the United States with at least a twenty percent (20%) disability that is service connected, meaning such disability was incurred or aggravated in the line of duty in the active military, naval or air service, and is at least fifty-one percent (51%) owned and controlled by one (1) or more service disabled veteran.

Small Business Enterprise (SBE) is a continuing, independent, for-profit business which performs a commercially useful function and has total gross receipts of not more than ten million dollars ($10,000,000) average over a three-year period or employs no more than ninety-nine (99) persons on a full-time basis.

Persons with Disabilities Business Enterprise (PDBE) is business owned by a person with a disability that is a continuing, independent, for-profit business that performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more persons with a disability; or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one or more persons with a disability and whose management and daily business operations are under the control of one or more persons with a disability. “Person with a disability” means an individual who meets at least one of the following: (A) Has been diagnosed as having a physical or mental disability resulting in marked and severe functional limitations that is expected to last no less than 12 months; (B) Is eligible to receive social security disability insurance (SSDI); or (C) Is eligible to received supplemental security income (SSI) and has a disability as defined in (A) above.

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Bid Form

To: City of Knoxville Purchasing Department City/County Building Suite 667-674 400 Main Street Knoxville, TN 37902

Having carefully examined the specifications entitled “ITB - Batteries” to open on May 5th, 2025, at 11:00:00 a.m. Eastern Time and the other Contract Documents and addenda, we hereby propose to furnish the goods, and delivery as described herein for the following sum:

Firm Name: ____________________________________________________________________________

Official Address: ________________________________________________________________________

BID: Fixed Percentage Discount from price list for ALL batteries ____________________%

Reminder: Include a complete price list for the battery brand being quoted ______________________

DUNS #: _______________________________________________________________________________

Business License Expiration Date: ___________________________________________________________

By: ________________________________________ Name: _____________________________________ Signature Printed

Date: _________________________________________________________________________________

Title: __________________________________________________________________________________

Email: _________________________________________________________________________________

Phone: ________________________________________________________________________________

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BCI

Group Size

Quantity (Annual Estimate)

Battery Brand

Base Unit Price

Core Charge

Core Allow.

(Credit)

Net Unit Price

Total Net Price (Quantity X Net Unit Price)

Discount

Price After Fixed Discount

1231MF

NSB31

908D

908D w/straps and top post

96R

48 AGM

49 AGM

65 AGM

8D AGM

94R

AGM

31M

AGM

I AGREE TO THE DELIVERY AND CORE REMOVAL REQUIREMENTS ____YES ____NO

IF NO, STATE DELIVERY OR REMOVAL TERMS:

TOTAL NET BID:

A MANUFACTURER'S SPECIFICATION STATEMENT SHOULD BE SUPPLIED WITH BID FOR EACH BATTERY TYPE. SUCCESSFUL BIDDER WILL INVOICE BATTERIES AT BASE UNIT PRICE + CORE CHARGE AND ISSUE

CREDIT FOR CORES AS THEY ARE PICKED UP BY SUPPLIER.

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Submission Affidavits and Certifications

We ___________________________________________________________________________

(Bidder/Proposer Company Name) do certify that on the

(Solicitation Title/Project Name) we are in receipt of the following checked items and do hereby certify or affirm as follows:

SUBCONTRACTOR/CONSULTANT STATEMENT

Please select one:

Option A: Intent to subcontract using Diverse Businesses A Diversity business will be employed as subcontractor(s), vendor(s), supplier(s), or professional service(s). The estimated percentage of the amount that we plan to pay is:

Total Estimated Percentage of Subcontractor Service:

Diversity Business Enterprise Utilization

Description of Work/Project Percentage Diverse Classification

(MBE, WBE, SBE, SDVBE, PDBE)

Name of Diverse Business

Option B: Intent to perform work “without” using Diverse Businesses We hereby certify that it is our intent to perform 100% of the work required for the contract, work will be completed without subcontracting, or we plan to subcontract with non-diverse companies.

Option C: Intent to self-perform work as a Diversity Business Enterprise We intend to self-perform 100% of the work required for the contract as a Diversity Business Enterprise.

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NON-COLLUSION AFFIDAVIT

(1) Submitted proposal is genuine and is not a collusive or sham proposal;

(2) Neither the said firm nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this signatory, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other vendor, firm or person to submit collusive or sham proposal in connection with the contract or agreement for which the attached proposal has been submitted or to refrain from making a proposal in connection with such contract or agreement, or collusion or communication or conference with any other firm, or, to fix any overhead, profit, or cost element of the proposed price or the proposed price of any other firm, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Knoxville or any person interested in the proposed contract or agreement; and

(3) The scope of service outlined in the proposal is fair and proper and is not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the firm or any of its agents, representatives, owners, employees, or parties including this signatory.

NO CONTACT/NO ADVOCACY AFFIDAVIT

NO CONTACT POLICY: After the posting of this solicitation to the Purchasing Division's website, any contact initiated by any proposer with any City of Knoxville representative concerning this proposal is strictly prohibited, unless such contact is made with the Purchasing Agent (Penny Owens) or the listed point of contact. Any unauthorized contact may cause the disqualification of the proposer from this procurement transaction

NO ADVOCATING POLICY: To ensure the integrity of the review and evaluation process, companies and/or individuals submitting proposals for any part of this project, as well as those persons and/or companies representing such proposers, may not lobby or advocate to the City of Knoxville staff including, but not limited to, members of City Council, Office of the Mayor, Fleet Operations, KAT, or any other City staff.

Any company and/or individual who does not comply with the above stated “No Contact” and “No advocating” policies may be subject to having their proposal rejected from consideration.

DRUG-FREE WORKPLACE AFFIDAVIT

Bidder has personal knowledge of the policies of the above-named firm with respect to the maintenance of a drug-free workplace; and certifies that all provisions and requirements of the Tennessee Drug-Free Workplace Program, as established by Tenn. Code Ann. §§ 50-9-101 et. seq., have been met and implemented.

IRAN DIVESTMENT ACT

CERTIFICATION OF NONINCLUSION

NOTICE: Pursuant to the Iran Divestment Act, Tenn. Code Ann. § 12-12-106 requires the State of Tennessee Chief Procurement Officer to publish, using creditable information freely available to the public, a list of persons it determines engage in investment activities in Iran, as described in § 12-12-105. Inclusion on this list makes a person ineligible to contract with the state of Tennessee; if a person ceases its engagement in investment activities in Iran, it may be removed from the list. A list of entities ineligible to contract in the State of Tennessee Department of General Services or any political subdivision of the State may be found here:

https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/library/public-information-library/List_of_persons_pursuant_to_Tenn._Code_Ann._12-12- 106_Iran_Divestment_Act_updated_with%20NY12.04.23.pdf https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/library/public-information-library/List_of_persons_pursuant_to_Tenn._Code_Ann._12-12-106_Iran_Divestment_Act_updated_with%20NY12.04.23.pdf https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/library/public-information-library/List_of_persons_pursuant_to_Tenn._Code_Ann._12-12-106_Iran_Divestment_Act_updated_with%20NY12.04.23.pdf https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/library/public-information-library/List_of_persons_pursuant_to_Tenn._Code_Ann._12-12-106_Iran_Divestment_Act_updated_with%20NY12.04.23.pdf

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By submission of this form, the proposer certifies that the above-named firm, under penalty of perjury to the best of its knowledge and belief, and any proposed suppliers are not on the list created pursuant to § 12-12-106.

NON-BOYCOTT OF ISRAEL

For submissions with a total cost of $250,000 or greater, the Signatory certifies that the proposed firm and any subcontractors or suppliers certify that the firms, subcontractors and suppliers are not boycotting Israel pursuant to Tenn.

Code Ann. §12-4-1 and will not during the term of any award.

Notarization of Affidavits In order for a submission to be considered for award, the following section must be notarized hereby certifying or affirming that the Bidder/Proposer is in receipt and has acknowledged each clause in the Submission Affidavits and Certifications section above. At the discretion of the City of Knoxville Purchasing Division, a submission that has not been notarized may be deemed non-responsive.

State of ____________________________________ County of __________________________________

Proposer’s Name: _______________________________________________________________________

Being duly sworn, deposes, and says that:

They are a principal officer of ________________________________ , the firm submitting the attached proposal, their title being _____________________________________ , and has authority to affirm and/or certify the listed declarations.

Signed

Title

Subscribed and sworn to before me this _________ day of _________________________, 20_______.

NOTARY PUBLIC My Commission expires

Updated June 13, 2024 (MA-31)

Americans with Disabilities Act Compliance. The contractor agrees to comply with the requirements of 49 U.S.C. § 5301 (d), which states the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special

14 | P a g e efforts shall be made in planning and designing those services and facilities to implement that policy.

The contractor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

Access to Records and Reports. The following access to records requirements apply to this Contract:

1. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records.

2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

3. Access to Records. The Contractor agrees to provide sufficient access to FTA, the U.S. Secretary of Transportation or the Secretary’s duly authorized representative, to the Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and to the City of Knoxville to inspect and audit records and information including such records and information the City of Knoxville may regard as confidential and related to performance of this contract funded under the federal grant award as reasonably may be required.

4. Access to the Sites of Performance. The Contractor agrees to permit those individuals listed above access to the sites of performance under this contract as reasonably may be required and to audit any information related to the grant funded contract work within books, records, accounts or other locations;

and

5. Otherwise comply with 49 U.S.C 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rules.

Lobbying Restrictions. Contractors who apply or bid for a contract or subcontract award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who

15 | P a g e has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

Civil Rights Requirements. The City of Knoxville is an Equal Opportunity Employer. As such, the City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the City agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S.

Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.

§ 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

16 | P a g e

Clean Air and Clean Water Act Requirements.

The contractor and their subcontractors awarded contracts exceeding $150,000 must agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution control Act.

The Contractor agrees:

1. It will not use any violating facilities;

2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;”

3. It will report violations of use of prohibited facilities to FTA; and

4. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251- 1387).

Government-Wide Debarment and Suspension.

1. The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:

a. Debarred from participation in any federally assisted Award;

b. Suspended from participation in any federally assisted Award;

c. Proposed for debarment from participation in any federally assisted Award;

d. Declared ineligible to participate in any federally assisted Award;

e. Voluntarily excluded from participation in any federally assisted Award; or

f. Disqualified from participation in ay federally assisted Award.

2. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City of Knoxville. If it is later determined by the City of Knoxville that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Knoxville, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract

17 | P a g e that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Domestic Preferences for Procurements. To the greatest extend practical under a Federal award, the Contractor shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). For the purpose of this clause,

a. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

b. “Manufactured Products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete, glass, including optical fiber; and lumber.

Prohibition for certain Telecommunications and Video Surveillance Service/Equipment (2 CFR 200.216, 2 CFR 200 App II(K)) Where the awarded contract requires provision of equipment, services, or systems involving telecommunications and/or video surveillance systems, equipment, and/or service, Contractors shall not provide such system, equipment, or service described in Public Law 115-232, section 889. This includes telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company or any subsidiary or affiliate of such entities.

Recycled Products/Recovered Materials Requirements (42 U.S.C. 6962; 40 CFR Part 247; 2 CFR 200.323, 2 CFR 200 App II(j)) - The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.

Termination.

1. The City may terminate this Agreement at any time, with or without cause, by written notice of termination to the Contractor. If the City terminates this Agreement, and such termination is not a result of a default by the Contractor, the Contractor shall be entitled to receive as its sole and exclusive remedy the following amounts from the City, and the City shall have no further or other obligations to the Contractor: (a) The amount due to the Contractor for work executed through the date of termination, not including any future fees, profits, or other compensation or payments which the Contractor would have been entitled to receive if the Project had not been terminated; and (b) the direct out-of-pocket costs incurred by the Contractor for demobilization of the Project following receipt of the notice of termination, not to exceed the amount reasonably and actually required to demobilize the Project.

2. The City…