PIN 127958.00 -MiddlebrookATMS-BidBook.pdf

PROPOSAL CONTRACT

FOR THE CONSTRUCTION OF

Contract No. C-24-0309

PIN: 127958.00

County: Knox

Federal Project No.: CM-169(17)

State Project No.: 47LPLM-F3-162

Local Agency Reference No.:

Description Of Project: Traffic Signal Improvements Along Middlebrook Pike.

Project Length: 8.30 Miles

Completion Time: On or Before 577 days from NTP issued

DBE Goal: 2.43%

By:

City, St.:

Surety:

TDOT Version: 6/1/23

TABLE OF CONTENTS

Instruction to Bidders

Supplemental Specifications to The Standard Specifications……………….Revision Date Page # Supplemental Specification to Section 100 .............................................. 1-08-25 11 Supplemental Specification to Section 200 .............................................. 12-27-23 26 Supplemental Specification to Section 300 .............................................. 8-28-24 27 Supplemental Specification to Section 400 ...............................................12-26-24 32 Supplemental Specification to Section 500 ...............................................12-27-23 42 Supplemental Specification to Section 600 .............................................. 1-08-25 43 Supplemental Specification to Section 700 ...............................................12-26-24 60 Supplemental Specification to Section 800 ............................................... N/A Supplemental Specification to Section 900 ...............................................12-26-24 71

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

Special Provisions...................Special Provision Number, Regarding: .............Date 102I Employing &Contracting w/Illegal Immigrants ................ 10-10-16 102LC TDOT Standard Specifications for Road and Bridge

Page #

Construction ..................................................................12-15-20 84 105C CSXT – Crouch special provision...................................3-02-21 85 106A Buy America Requirements.......................................... 6-20-11 95 106B Prohibition on Certain Telecommunication and Video

Surveillance Services or Equipment .............................. 9-10-20 97 106BA Build America, Buy America Act Requirements..............11-21-23 98 107CPLP Certified Payrolls - Local Programs ...............................1-17-23 101

107FP Water Quality and Storm Water Permits ....................... 12-9-24 102 Insert Project Specific Permits (if applicable)

108B Project Completion and Liquidated Damages................2-19-25 106 1230 Equal Employment Opportunity ..................................... 9-7-22 107 1231 Equal Employment Opportunity (11246) ........................ 9-7-22 113 1232 Affirmative Action (Exec Order11246) ........................... 6-20-22 119

1246LP DBE Participation ........................................................... 9-7-22 122 1247LP Local Programs Federal-Aid Contracts with DBE Goal

(if applicable).................................................................. 3-1-23 124

1273 Required Contract Provision (Federal-Aid) ................... 10-23-23 135 1320 TDOT Minimum Wage Scales for Federal-Aid and

State Funded Construction ........................................... 1-03-25 149 AA-FED RATES Federal Wage Rates ...................................................... 1-03-25 150

730K City of Knoxville Traffic Signals ...................................... 9-12-19 157

Proposal

Page #

Bid Form Proposal Certification Proposal Bond Proposal Guarantee Contract http://www.tn.gov/tdot/section/tdot-construction-division

Contract Payment and Performance Bond Other Technical Special Provisions City of Knoxville Supplemental Conditions

ATTENTION

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

Should any omissions occur, the appropriate documents may be obtained from the Construction Division upon request.

THE CITY OF KNOXVILLE

INSTRUCTIONS TO BIDDERS

BIDS TO BE RECEIVED

5/20/2025

Sealed bids for the construction of the following projects will be received by the CITY OF KNOXVILLE, Room 667-674, City County Building, 400 Main St., Knoxville, TN 37901 until 11:00 AM 5/20/2025 and opened publicly at Room 667-674, City County Building, 400 Main St., Knoxville, TN 37901, 11:00 AM 5/20/2025. The reading of the bids will begin at 11:00 AM.

The proposed construction shall be performed in accordance with the most current version of the Standard Specifications for Road and Bridge Construction of the Tennessee Department of Transportation , and the Standard Roadway and Structures Drawings of the Tennessee Department of Transportation which are incorporated herein by reference and made a part hereof.

In addition, only the Special Provisions contained within the applicable Proposal Contract will be considered binding. Any reference to any Special Provision not contained within the applicable Proposal Contract shall be disregarded. All questions related to the Proposal Contract, Plans, Specifications or Special Provisions shall be directed to the Purchasing Agent of the City of Knoxville, acting for the Mayor (powens@knoxvilletn.gov), City County Building, 400 Main St., Room 667-674, P.O. Box 1631, Knoxville, TN 37901 (865-215-2070). Information received from other offices of the CITY OF KNOXVILLE strictly advisory.

IMPORTANT NOTICE TO BIDDERS:

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

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

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

On all projects which are financed in whole or in part by funds received through Federal agencies and/or the Tennessee Department of Transportation, the awarding of contracts by the CITY OF KNOXVILLE will be subject to approval by the Tennessee Department of Transportation.

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

The CITY OF KNOXVILLE reserves the right to reject any or all Proposals, to waive technicalities or to advertise for new Proposals, if in the judgment of the awarding authority and subject to TDOT concurrence, the best interest of the CITY OF KNOXVILLE will be promoted thereby.

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

KNOXVILLE.

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

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

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

PREQUALIFICATION OF BIDDERS:

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

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

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

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

The prequalification form can be found at the web address

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

LICENSING REQUIREMENTS

According to the types of funds used, contractor bidding requirements differ. When using any Federal funds, proposals shall be completed as described below:

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

Commerce and Insurance (TDCI), Board for Licensing Contractors (BLC) within twenty-one (21) days of the bid opening, in accordance with Subsection 102.11 of the Tennessee Department of Transportation Standard Specifications.

Prior to recommending award of a contract, the Local Government will confirm that the lowest responsible bidder is licensed with the BLC. Because TDOT work classifications and the BLC licensing classifications slightly differ, the Local Government will verify only that the apparent low bidder is licensed in the general classification (e.g., Heavy Construction (HC), Highway, Railroad, Airport Construction (HRA), Specialty (S), Municipal and Utility Construction (MU), or Electrical Contracting (CE)) and not the specific subcategories of these classifications for the type of work involved in the project. This is in recognition that the prime contractor is required to complete 30% of the specific project work and may subcontract the remainder of the work.

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

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

PROPOSAL BOND

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

If the bidder's bond is offered as guaranty, the bond must be on the form furnished by the

CITY OF KNOXVILLE and made by a surety company, qualified and authorized to transact business in the State of Tennessee and must be acceptable to the CITY OF KNOXVILLE.

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

ISSUANCE OF BIDDING DOCUMENTS

This CITY OF KNOXVILLE and the Tennessee Department of Transportation are on a cash basis for sales of Plans, Proposal Contracts, Standard Specifications, Standard Drawings, Standard Drawing Books and Tabulations of Bids. Requests for documents must be accompanied by cash, check, money order, or they may be mailed to the buyer C.O.D.

A charge of $0.00 plus 9.25% sales tax, for in-state delivery, will be made for each Proposal Contract. This charge is applicable regardless of whether the Proposal is to be used for bidding or non-bidding purposes. Proposals will be obtainable until the time set for opening bids. The charge for Plans and/or Cross-sections will be as specified in the Notice to Contractors and this charge will be applicable before the letting and for three months after the letting. Plans ordered after the three month period will be furnished at $0.00 per sheet. Individual Plan sheets and individual Standard Drawings will be furnished at $0.00 per sheet. Tabulations of bids will be furnished at $0.00 per sheet. Tennessee Department of Transportation Standard Drawing Books will be furnished by the Tennessee Department of Transportation at $100.00 per book plus 9.25% sales tax, for in-state delivery. The most recent version of the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction will be furnished by the Tennessee Department of Transportation at $12.00 per book plus 9.25% sales tax, for in-state delivery. There will be a minimum charge of $2.00 on any purchase. All documents will be furnished without refund and transmitted at your risk.

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

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

MANDATORY SUBMITTAL OF SUBCONTRACTOR BID QUOTES (BIDDERS LIST)

All bidders for each project must provide a list of all subcontractors who provide a quote to perform work. The list shall be provided on the TDOT form “Certification Regarding Subcontractor Bid Quotes” (Bidders List) and include the type of work in which quotes were submitted. All bidders shall submit this form before the close of business (4:30 PM, Local Time) three (3) business days after the date on which bids are required to be submitted (e.g., if bids are required to be submitted on a Friday, then the completed from is due by 4:30 PM on the following Wednesday). Failure to complete and submit this form with the time period required may result in the proposal being deemed non-responsive and forfeiture of bid bond for the bidder. Any bidder that fails to submit the required bidders list may have their prequalification status changed and ability to bid as prime contractor rescinded.

REJECTION OF PROPOSALS

Proposals will be rejected as irregular if prior to the formal opening of the Proposal all of the following documents have not been signed: (1) the bidder shall sign by written signature the Proposal form, (2) the bidder shall sign by written signature the Proposal Certification form, (3) the bidder shall sign by written signature the Proposal Bond form or the Proposal Guarantee, whichever is applicable, (4) the Agent or Attorney-in-Fact representing a Surety Company shall sign by written signature the Proposal Bond, if applicable. In addition, Proposals will be rejected if any of the above signatures are a reproduced copy, such as, but not limited to a photostatic copy or a facsimile transmission. An original, dated and valid Power of Attorney for the Attorney-in-Fact must accompany the Proposal and the Contract. The accompanying Power of Attorney must be dated, and the date must be the exact same date as the date on the Proposal Bond. The Proposal and the Proposal Bond, including the attached Power of Attorney, shall be valid and binding for 60 days subsequent to the date of opening bids.

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

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

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

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

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

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

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

ADDENDA

Addenda to the Proposal will be acknowledged by all bidders. Failure to acknowledge receipt of Addendum Letters is grounds for rejection.

RETAINAGE

Effective for all contracts, the CITY OF KNOXVILLE will not hold retainage. In addition, the Contractor will not be able to hold retainage from the subcontractor.

SUBCONTRACTS

Your special attention is called to Section 105 - Control of Work, and Section 108 - Prosecution and Progress of the Tennessee Department of Transportation Standard Specifications, concerning duties of the contractor and subletting of contracts.

CHANGED CONDITIONS

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

Transportation Standard Specifications, concerning changed conditions on this contract.

The following information applies to Federal-Aid construction projects:

NOTICE TO ALL BIDDERS

To report bid rigging activities call:

1-800-424-9071

The U.S. Department of Transportation (DOT) operates the above toll-free "hotline"

Monday through Friday, 8:00 a.m. to 5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities.

The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.

100SS 100SS

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

(Rev. 9-7-21) January 1, 2021

(Rev. 12-15-21)

(Rev. 12-19-22)

(Rev. 6-1-23)

(Rev. 8-21-23)

(Rev. 12-27-23)

(Rev. 5-30-24)

(Rev. 12-26-24)

(Rev. 1-8-25)

Supplemental Specifications – 100SS of the

Standard Specifications for Road and Bridge Construction

January 1, 2021

Subsection 101.03, (pg. 5), 8-21-23; Terms; Revise:

Change Directive. A written document issued by the Department that provides the Contractor with additional compensation, time, or both as determined to be fair and reasonable by the Department and that does not require the consent or signature of the Contractor or Surety. The Change Directive becomes a part of the Contract when properly executed and approved by the Department.

Subsection 101.03, (pg. 7), 12-26-24; Definition and Terms; Revise Holidays definition:

Holidays. Holidays recognized by the State of Tennessee occur as follows:

New Year’s Day ....................................................... January 1

Martin Luther King Jr. Day ............ Third Monday in January

Presidents’ Day ............................. Third Monday in February

Good Friday ............................................ Friday before Easter

Memorial Day ........................................ Last Monday in May

Juneteenth .................................................................. June 19

Independence Day .......................................................... July 4

Labor Day .................................... First Monday in September

Columbus Day .............................Second Monday in October

Veterans Day ...................................................... November 11

Thanksgiving Day ................... Fourth Thursday in November

Christmas Day .................................................... December 25

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All days appointed by the Governor of this State, or by the President of the United States, as days of fasting or thanksgiving.

Plan notes precluding restrictions to traffic on holiday weekends, unless specifically noted otherwise, do not apply to weekends associated with Martin Luther King Jr. Day, Presidents’ Day, Juneteenth, Columbus Day, and Veterans Day

Subsection 102.09, (pg. 17), 12-19-22; Rejection of Proposals; Revise No. 10:

10. The apparent low bidder fails to complete and submit the Department form “Certification

Regarding Subcontractor Bid Quotes” (Bidders List) electronically before the close of business

(4:30 PM Central Time) within five (5) calendar days after the date on which bids are required to be submitted.

Subsection 102.09, (pg. 17), 12-26-24; Rejection of Proposals; Revise No. 10:

10. The apparent lowA bidder fails to comply with the “Instructions to Bidders” regarding the

“Mandatory Submittal Of Subcontractor Bid Quotes (Bidders List)”.complete and submit the

Department form “Certification Regarding Subcontractor Bid Quotes” (Bidders List) electronically before the close of business (4:30 PM Central Time) within five (5) calendar days after the date on which bids are required to be submitted.

Subsection 104.03.B & C, (pg. 23-24), 9-7-21; Contract Change Notification; B & C; Revise subsections:

B. Written Acknowledgement by Engineer

The Engineer will provide written acknowledgement of the Contractor’s written notice within ten (10) calendar days.

C. Written Response by Engineer

The Engineer will provide a written response within the specified number of calendar days based on the requested contract change:

1. For requested changes to the contract time in excess of one hundred eighty (180) days or requested changes that alter the original contract amount by more than $200,000, the Engineer will respond within thirty (30) days of receiving the Contractor’s written notice.

2. For requested changes to the contract time in excess of ninety (90) days but less than or equal to one hundred eighty (180) days, or requested changes that alter the original contract amount by more than $100,000 but less than or equal to $200,000, or by more than ten percent (10%) of the original contract, whichever is less, the Engineer will respond within twenty-one (21) days of receiving the Contractor’s written notice.

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3. For all other requested changes to the contract, the Engineer will respond within fourteen (14) calendar days of receiving the Contractor’s written notice.

The written response to the Contractor’s written notice will include one of the following:

1. Confirmation that a change is necessary in accordance with 104.02, and direction on how the

Work will proceed.

2. A denial of the request for a change, which will include references to the Contract as to why the condition does not represent a change.

3. A request for additional information stating the specific information needed and the date by which it must be received. The Engineer will respond to the additional information provided within fourteen (14) calendar days.

When a change is necessary, the Engineer will make appropriate adjustments to the Contract price and time, if warranted, in accordance with 108.07, 109.04, 109.05.A, and 109.06. If the Contractor disagrees with the Engineer’s decision or does not agree with the Contract adjustments, the

Contractor may pursue the issue as a claim in accordance with 105.16.

Subsection 104.03.C, (pg. 24,25), 8-21-23; Written Response by Engineer; Add 3rd Paragraph and

Revise 4th Paragraph:

The Contractor will, upon request, have an opportunity to discuss the Contract change by informal meeting with the Department’s Regional representatives associated with the change prior to the issuance of the Engineer’s written response. If such a meeting is held, the Contractor shall use the opportunity to present relevant information and respond to any information provided by the Engineer or other Department officials with knowledge of the Work.

When a change is necessary, the Engineer will make appropriate adjustments to the Contract price and time, if warranted, in accordance with 108.07, 109.04, 109.05.A, and 109.06. If the Contractor disagrees with the Engineer’s decision or does not agree with the Contract adjustments, the

Contractor may pursue the issue as a Request for Equitable Adjustment in accordance with 105.16.

At this time, the Department may issue a Change Directive even if the Contractor does not pursue a

Request for Equitable Adjustment.

Subsection 104.04, (pg. 25-26), 12-27-23; Maintenance of Traffic; Revise 2nd and 5th Paragraph:

The Department will pay for materials used at the direction of the Engineer to construct and maintain approaches, crossings, intersections, and other features at contract unit prices unless the Contractor is responsible for the damage. Open cuts of roadways and streets shall be safely maintained for traffic during the Work. This includes, but is not limited to, placing and compacting a bituminous mix in the open cuts or placing metal plates over the open cuts, where allowed, before returning traffic to the roadway. Tie-ins for sideroads shall be safely maintained for traffic by paving to the binder course, striping, and placing temporary or permanent signs as needed, at minimum, unless otherwise directed by the Engineer. Maintenance of traffic control features, mowing, and pothole patching (cold mix) are incidental to the work and the responsibility of the Contractor.

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Do not close lanes or restrict traffic on the following days without the Engineer’s written consent:

• Easter: After 6:00 pm on the Thursday preceding Good Friday through Easter Sunday until the following Monday at 6 am.

• Memorial Day: After 12:00 noon on the preceding Friday through Memorial Day until the following Tuesday at 6 am.

• Independence Day:

a. Monday: After 12:00 noon on the preceding Friday through Independence Day until the following Tuesday at 6 am.

b. Tuesday: After 12:00 noon on the preceding Friday through Independence Day until the following Wednesday at 6 am.

c. Wednesday: After 12:00 noon on the preceding Tuesday through Independence Day until the following Thursday at 6 am.

d. Thursday: After 12:00 noon on the preceding Wednesday through Independence Day until the following Monday at 6 am.

e. Friday: After 12:00 noon on the preceding Thursday through Independence Day until the following Monday at 6 am.

f. Saturday: After 12:00 noon on the preceding Thursday through Independence Day until the following Monday at 6 am.

g. Sunday: After 12:00 noon on the preceding Friday through Independence Day until the following Tuesday at 6 am.

• Labor Day: After 12:00 noon on the preceding Friday through Labor Day until the following

Tuesday at 6 am.

• Thanksgiving: After 12:00 noon on Wednesday before Thanksgiving through Sunday following

Thanksgiving until the following Monday at 6 am.

• Christmas/New Year’s Day: December 24 through January 1 and any preceding and/or following days that fall on a weekend.

Subsection 105.16, (pg. 49-55), 8-21-23; Claims for Adjustment and Disputes; Revise Subsection:

105.16 Request for Equitable Adjustment (REA) and Disputes

This subsection details the optional REA process for receiving, reviewing, and deciding on REAs submitted to the Department. If such REAs cannot be successfully negotiated or resolved within this process, the Contractor has the right to submit a formal claim through the Tennessee Claims Commission as acknowledged in this subsection.

All events or conditions that have a potential or anticipated effect on the Project’s progress or schedule and that may result in a REA by the Contractor shall be documented contemporaneously with the event or

Sheet 5 of 15 discovery of the pertinent condition(s), or immediately thereafter. REAs that are submitted without proper documentation will not be reviewed by the Department.

A. Notice of Intent to File a REA

If the Contractor has followed the process under 104.03 to request additional compensation, time, or both under 104.02 or 108.07 and the Contractor disagrees with the Engineer’s decision or the

Contract adjustments made by the Department, the Contractor may provide notice of intent to file a

REA. The Contractor shall provide such notice in writing within thirty (30) calendar days of receiving the Engineer’s decision as provided in 104.03.

After submitting the notice of intent to file a REA, if the subject work is not yet complete, the

Contractor shall maintain adequate records related to the REA, including records of the disputed labor, equipment and materials, and schedule updates per 108.03 showing compensable delays to the completion date. If applicable, update and disclose this information to the Department monthly. The

Department may audit REA records at any time. Unless the Engineer suspends in writing the affected work, the Contractor shall continue to perform the disputed work. If such notice to file a REA is not given, or if the Engineer is not given sufficient opportunity for keeping strict account of the

Contractor’s actual Work, then the Contractor waives any claim for additional compensation under the REA process. Such notice by the Contractor and the Engineer’s accounting of the cost shall not, in any way, prove or substantiate the validity of the REA. Nothing in this Subsection shall be construed as establishing any REA contrary to the terms of 104.02 or 108.07.

B. Submission of REA

Within sixty (60) calendar days after submitting the notice of intent to file a REA, or within sixty (60) calendar days after completion of the disputed Work, whichever is later, or within such time agreed upon by the parties in writing, the Contractor shall submit a complete REA package. The REA package shall include all documents supporting the REA and provide sufficient detail to enable the

Department to ascertain the basis and amount of the REA. If requested by the Contractor, the

Department may extend the sixty (60) calendar day period in writing. As a minimum, the following information shall be submitted with each REA:

1. A REA certification containing the language shown in Figure 105.16-1; this figure can be found on the Department’s Construction Division website.

2. A detailed factual statement of the REA for additional compensation, time, or both, providing all necessary dates, locations, and items of work affected by the REA, including:

a) Each aspect of the Project affected by matters related to the REA.

b) The specific Project locations where Project work has been so affected;

c) The number of people working on the affected aspects of the Project at the pertinent time(s);

d) The types and number of pieces of equipment working on the affected aspects of the Project at the pertinent time(s); and

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e) If applicable, any other request for relief that the Contractor intends to file or has reason to believe that it may file against the Department that would be impacted by the matters related to the REA.

3. The specific provisions of the Contract that support the REA and a statement of the reasons why such provisions support the REA;

4. If an extension of contract time is sought, a schedule analysis as required by 108.07;

5. If additional compensation is sought, the amount and specifics of the compensation in accordance with the following:

a) Compensable Items: Must be compensable under 109.04,

b) Compensable Delay related costs: Must be compensable under 109.06; and

c) Non-Recoverable Costs: Per 109.07, non-recoverable costs shall not be considered in a REA.

6. Any worksheets used to prepare the REA, which indicate the cost components of each item of the

REA, including but not limited to the pertinent costs of labor, benefits and insurance, materials, equipment, and compensable subcontractor costs, as well as all documents which establish the relevant time periods, individuals involved, and the Project hours and the rates for the individuals.

The Contractor and its subcontractors and suppliers involved with the REA shall cooperate with any inquiries or requests by the Department for clarification and data supporting the submitted documentation.

C. REA Informal Meeting

Within thirty (30) calendar days of receiving the Contractor’s REA submittal, the Department will contact the Contractor in writing to schedule a meeting to afford the Contractor an opportunity to discuss the disputed matters informally with the Department. If the Contractor elects to participate in a meeting, the Contractor shall use this opportunity to present relevant information and respond to any information provided by the Engineer or other Department officials with knowledge of the Work.

Proceedings in any REA meeting are compromise negotiations and are not admissible in litigation in accordance with Tennessee Rule of Evidence 408.

D. Department Decision

When the Contractor properly files a REA and allows for reasonable and timely access to the

Contractor’s relevant books and records, the Department will review the REA and render a written decision to the Contractor to either affirm or deny the REA package, in whole or in part, within sixty

(60) calendar days after receipt of the REA package or after the informal meeting. If more time is needed for review, the Department will notify the Contractor in writing of the additional time required.

The Department will assemble and maintain the REA record consisting of the REA and all other information considered by the Department in reaching a decision. Once the Department assembles the REA record, the submission and consideration of additional information or data, other than for clarification and support of previously submitted documentation, will not be permitted. The

Department will provide a copy of the REA record and the written decision to the Contractor describing the information considered by the Department in reaching a decision and the basis for that decision.

Sheet 7 of 15

If as a result of the REA documentation or REA Informal Meeting, the Department and the

Contractor reach an agreement to resolve the REA, the Department will prepare a Change Order setting forth the terms of any additional compensation or time, or both, as agreed, and the Change

Order will be processed for approval in accordance with the Department’s standard procedures.

If the Department agrees that the Contractor is due additional compensation, time, or both, but the

Department and the Contractor cannot agree on the amount, the Department may issue a Change

Directive providing for additional compensation, time, or both, as the Department determines to be fair and reasonable. The Contractor may continue to pursue a claim as acknowledged in this

Subsection.

If the Department denies the REA, the Contractor may either accept the Department’s decision as final or submit to the Department a written notice of intent to file a claim with the Tennessee Claims

Commission to the Department. The Contractor may file a claim with the Tennessee Claims

Commission in accordance with TCA § 9-8-307.

Subsection 106.06.A.1, (pg. 61), 12-15-21; Field Laboratory, Type A; Revise No. 1:

1. Scales of appropriate capacity and design to weigh the required samples. Scales are to be sensitive to within 0.1% of the sample to be weighed. Provide standard weights for scale calibration.

Scale calibration shall be completed annually, by an independent source.

Subsection 107.13, (pg. 75), 1-9-23; Legal Responsibilities of the Contractor; Add New 3rd Paragraph:

The Contractor certifies that it is not currently engaged in, and covenants that it will not, for the duration of the Contract, engage in a boycott of Israel, as that term is defined in Tenn. Code Ann. §

12-4-119. This certification does not apply to a Contract with a value of less than two hundred fifty thousand dollars ($250,000) or if the Contractor has fewer than ten (10) employees.

Subsection 107.20, (pg. 78), 12-19-22; Certified Payrolls; Revise Subsection:

As specified by Minimum Wage Scales for Federal-Aid and State Funded Construction contract provisions, submit and certify payrolls for each week in which any contract work is performed. All payrolls shall be submitted electronically through the website using AASHTOWare Project Civil

Rights & Labor (CRL) software.

Register for payroll access and develop a method of import prior to the Preconstruction Conference.

Ensure each subcontractor, including all Disadvantaged Business Enterprises (DBE), certified

Small Business Enterprises (SBE), and DBE or SBE haulers, has registered in CRL for payroll access and developed their method of import prior to commencing Work.

Assume all responsibility for ensuring all payrolls and all subcontractor payrolls are submitted and certified electronically in CRL for each week in which any contract work is performed. If all payrolls are not received in this timeframe, the progress payment shall be withheld until all necessary payrolls have been received.

Sheet 8 of 15

Once Work begins for the Contractor or subcontractor, if in any week the Contractor or subcontractor does not perform Work, check the box “No Work Until Further Notice” in CRL.

Subsection 108.01, (pg. 79, 80), 12-15-21; Subletting of Contract; Revise Item list:

Item 105-01 – Construction Stakes, Lines and Grades

Item 202-01 – Removal of Asbestos

Item 203-40 – Rock Anchors, Anchor Blocks, Tie Back Anchors

Item 209 – Project EPSC

Item 411-12 - Scoring

Item 411-33 – Stamped Asphalt

Item 501-03 – Concrete Shoulder Rumble Strip

Item 503-01 – Grinding Concrete Pavement

Item 602-03 – Steel Structures

Item 602-04 – Steel Structures

Item 602-10.81 – Heat Straightening

Item 603-02 – Repainting Steel Structures

Item 603-05 – Containment and Disposal of Waste

Item 604-04.01 – Applied Texture Finish (New Structures), Item 604-04.02 – Applied Texture Finish (Existing Structures)

Item 604-04.10 – Graffiti Protection

Item 604-04.20&.21 – Painting or Staining Concrete Surfaces

Item 604-04.62 – Clean and Texture Finish Median Barrier

Item 604-05.31 – Bridge Deck Grooving (Mechanical)

Item 604.07 – Retaining Wall

Item 604-42.01 – Underwater Divers

Item 606-26.05 – Core Drilling for Piles (Abandoned)

Item 617 – Bridge Deck Sealant

Item 619 – Polymer Modified Concrete Overlay

Item 624 – Retaining Wall

Item 625-01.08,10,11 – Inclinometer, Camera Drilled Shaft Inspections

Item 705 – Guardrail

Item 706 – Guardrail Adjusted, Removed and Reset

Item 707 – Fences

Item 712 – Temporary Traffic Control

Item 713 – Highway Signing

Item 714 – Roadway and Structure Lighting

Item 716 – Pavement Markings

Item 721 – Landscape and Irrigation

Item 724 – Landscape Lighting

Item 725 – ITS items

Item 730 – Traffic Signals

Item 740 – Geosynthetics

Item 79* – Utilities

Item 801 – Seeding

Item 802 – Landscape Plantings

Item 803 – Sodding

Item 805 – Erosion Control

Item 806 – Project Mowing

Subsection 108.01, (pg. 79, 80), 12-19-22; Subletting of Contract; Add to & Revise Item list:

Item 108-03 – CPM Project Schedule

Sheet 9 of 15

Item 203-11 – Scaling and Trimming

Item 203-40 – Anchors Item 406 – High Friction Surface Treatment

Item 617 – Bridge Deck Sealant and Thin Epoxy Overlay

Subsection 108.03.A, B, & C, (pg. 81,82,85,87,88), 9-7-21; Contract Change Notification;

A & B; Revise Heading, C.1.c; Add new No.vi, C.3; Revise last paragraph, C.4; Revise last paragraph & add sentence:

A. Project Durations Less Than 9 Months

B. Project Durations 9 Months to 24 Months

C.1.c Narrative report in PDF file format fit to 8.5x11 inch paper and including:…

vi. The quantity and estimated daily production rate for controlling activities;

vii. Description of the calendars including identification of workdays per week, holidays, number of shifts per day, and number of hours per shift;

viii. Description of how the schedule accommodates adverse weather days for each month;

and

ix. Description of execution plan, including number and type of crews, a list of subcontractors’ crews, and expected equipment, but not limited to large equipment transport and delivery, transportation permits for oversized/overweight loads, and availability.

3. Baseline CPM Schedule.

The Engineer and Contractor will review the draft baseline CPM schedule at a meeting specific for the review of the schedule. The Engineer will accept the draft baseline CPM schedule, provide review comments, or request additional information. Make appropriate adjustments or provide additional information within 14 calendar days. The Engineer’s acceptance is based solely on whether the baseline schedule meets the requirements of 108.03. Review comments made by the Engineer on the initial schedule will not relieve the Contractor from compliance with the Contract. The Contractor is responsible for scheduling, sequencing, and prosecuting the

Work to comply with the Contract requirements.

4. Schedule Updates.

Submit the updated schedule electronically to the Engineer in accordance with the requirements of this subsection. The Engineer reserves the right to reject any schedule updates because of changes in relationships between activities on the critical path, inadequate or inaccurate narrative updates, or other deficiencies in the schedule updates as required in this subsection.

The Department will measure and pay for CPM Project Schedule in accordance with 108.11 and

108.12 respectively.

Sheet 10 of 15

Subsection 108.03.C, (pg. 84, 87-88), 6-1-23; Prosecution of Construction, Project Durations

Greater Than 24 Months or When Required By Contract; Revise 1st Paragraph, C.4; Revise 1st and

Relocate last Paragraph:

Develop a Critical Path Method (CPM) project execution schedule and subsequent updates as required or as specifically requested by the Engineer. Generate the CPM schedule using Primavera Project

Management (P6) scheduling software. The Department will measure and pay for CPM Project

Schedule in accordance with 108.11 and 108.12 respectively.

C.4. Schedule Updates. Update the CPM schedule on a quarterly (3 months) basis to show current progress. Include the following with each update:

The Department will measure and pay for CPM Project Schedule in accordance with 108.11 and 108.12 respectively.

Subsection 108.03.C, (pg. 87-88), 12-26-24; Prosecution of Construction, Project Durations Greater than 24 Months or When Required by Contract; Add as last Paragraph, C4. Revise 1st Paragraph:

Review and acceptance by the Engineer will not constitute a waiver of any Contract requirements and will in no way assign responsibilities of the work plan, scheduling assumptions, and validity of the work plan or schedule to the Department. Failure to include in the Progress Schedule any element of work required for timely completion of the Contract shall not excuse the Contractor from his contractual obligations.

C.4. Schedule Updates – Update the CPM schedule on a quarterly (3 month) basis to show current progress. If actual construction falls behind the plan of operations or schedule by more than 3 months, update the schedule on a monthly basis at no additional cost to the Department.

Continue to submit monthly updates until project completion or the schedule is no longer behind by 3 months or more. Include the following with each update:…

Subsection 108.03.D, (pg. 88-89), 6-1-23; Schedule Revisions; Revise 1st Paragraph and Revise No. 2:

The Engineer will determine the progress of the Contract by either the time versus money straight line method or the schedule updates submitted by the Contractor. If actual construction falls behind the plan of operations or schedule by more than 15% or 60 calendar days, whichever is less, submit for approval a revised schedule that reflects timely completion. The Engineer may request a revision of the schedule at any time if a critical circumstance regarding the scheduling, sequencing, or prosecution has changed with planning or progress of the Work. Circumstances that may lead to such a request include the following:

2. A difference of 60 calendar days between the actual sequence or duration of work and that depicted in the schedule; or

Sheet 11 of 15

Subsection 108.09, (pg. 95), 12-19-22; Failure to Complete Work on Time; Revise Table 108.09-1:

Table 108.09-1: Liquidated Damages for Failure to Complete the Work on Time

Original Contract Amount

Daily Charge

($/day)

0 to 500,000 500.00

> 500,000 to 1,000,000 600.00

> 1,000,000 to 2,000,000 800.00

> 2,000,000 to 10,000,000 1,000.00

>10,000,000 to 20,000,000 1,600.00

>20,000,000 2,500.00

Subsection 108.09, (pg. 7), 1-8-25; Failure to Complete the Work on Time; Revise Table 108.09-1:

Table 108.09-1: Liquidated Damages for Failure to Complete the Work on Time

Original Contract Amount

Daily Charge

($/day)

0 to 500,000 500.00

> 500,000 to 1,000,000 600.00

> 1,000,000 to 2,000,000 800.00

> 2,000,000 to 10,000,000 1,000.00

>10,000,000 to 20,000,000 1,600.00

>20,000,000 2,2500.00

Sheet 12 of 15

Subsection 108.11, (pg. 99), 9-7-21; Method of Measurement; Add subsection 108.11:

108.11 Method of Measurement

The Department will measure construction CPM Project Schedule as a percentage of the lump sum price bid for the completion of the work specified in 108.03.C and partial payment will be made according to the schedule in Table 108.11-1.

Table 108.11-1: Payment Schedule for CPM Project Schedule

Estimate Number or Percent of

Total Contract Amount of Previous

Estimate

Total Percent of CPM Project

Schedule Lump Sum Bid Item

Estimate # 1 20%

Estimate # 3 40%

20% 50%

40% 60%

60% 70%

80% 80%

95% 100%

Subsection 108.11, (pg. 99), 6-1-23; Method of Measurement; Revise Table 108.11-1:

Table 108.11-1: Payment Schedule for CPM Project Schedule

Requirement or Percent of Total

Contract Amount of Previous

Estimate

Total Percent of CPM Project

Schedule Lump Sum Bid Item

Initial Project Schedule 10%

Baseline CPM Schedule 40%

20% 50%

40% 60%

60% 70%

80% 80%

95% 100%

Sheet 13 of 15

Subsection 108.12, (pg. 99), 9-7-21; Basis of Payment; Add subsection 108.12:

108.12 Basis of Payment

The Department will make partial payments for CPM Project Schedule on the basis of a percentage of the lump sum price bid in accordance with the schedule shown in Table 108.11-1.

If the Contractor fails to provide monthly schedule updates or address the Engineer’s comments regarding the monthly schedule update, within 10 calendar days following the progress estimate pay period cutoff date, the Engineer will withhold payment for CPM Project Schedule and may withhold up to an additional 5% of the monthly estimate payment, until such time as an acceptable update has been provided.

No additional payments will be made for schedule revisions as requested per 108.03.D.

Such payment is full compensation for meeting all requirements of 108.03.C and D.

Subsection 108.12, (pg. 99), 6-1-23; Basis of Payment; Add new 2nd Paragraph and…