PIN 127958.00 -MiddlebrookATMS-BidPackage.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

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 http://www.tn.gov/tdot/section/tdot-construction-division

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

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.

http://www.tn.gov/tdot/section/tdot-construction-division

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.

PROPOSAL

TO THE CITY OF KNOXVILLE, TENNESSEE

By submitting this Proposal, the undersigned bidder represents that it has carefully examined the site of the work described herein, has become familiar with local conditions and the character and extent of the work; has carefully examined the Plans, the Standard Specifications for Road and Bridge Construction (January 1, 2021) adopted by the State of Tennessee, Department of Transportation, with subsequent revisions which are acknowledged to be a part of this Proposal, the Special Provisions, the Proposal Form, the Form of Contract, and the Form of Contract Payment and Performance Bond; and thoroughly understands their stipulations, requirements, and provisions.

The undersigned bidder has determined the quality and quantity of materials required; has investigated the location and determined the sources of supply of the materials required; has investigated labor conditions; and, has arranged for the continuous prosecution of the work herein described.

By submitting this Proposal, the undersigned bidder agrees to provide all necessary equipment, tools, labor, incidentals, and other means of construction, to do all the work, and furnish all the materials of the specified requirements which are necessary to complete the work in accordance with the Plans, and the Specifications, and agrees to accept as payment in full the unit prices for the various items described in the Specifications that are set forth in this Proposal. The bidder understands that the quantities of work specified are approximate only and are subject to increase or decrease and that any such increase or decrease will not affect the unit prices set forth in this Proposal. Compensation for “extra work” which may be required by the CITY OF KNOXVILLE in connection with the construction and completion of the work but which was not reflected in the Plans and Specifications at the time of bidding, will be made in the following manner: work for which there is a unit price set forth in this Proposal will be compensated at that unit price; work for which there is no unit price set forth in this Proposal will be compensated in accordance with the applicable Tennessee Department of Transportation Standard Specifications.

By submitting this Proposal, the parties hereto, in the performance of this Contract, shall not act as employees, partners, joint ventures, or associates of one another. It is expressly acknowledged by the parties hereto that such parties are independent contracting entities and that nothing in this Contract shall be construed to create an employer/employee relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever.

By submitting this Proposal, the undersigned bidder, if awarded the contract, agrees that it will be responsible for compliance with the Patient Protection and Affordable Care Act (“PPACA”) with respect to itself and its employees, including any obligation to report health insurance coverage, provide health insurance coverage, or pay any financial assessment, tax, or penalty for not providing health insurance.

The Contractor shall indemnify the State and hold it harmless for any costs to the State arising from Contractor’s failure to fulfill its PPACA responsibilities for itself or its employees.

By submitting this Proposal, the undersigned bidder, if awarded the contract, shall be registered with the Department of Revenue for the collection of Tennessee sales and use tax or provide confirmation from the Department of Revenue that the bidder is not required to register for the Tennessee sales and use tax. This registration requirement is a material requirement of this Contract.

By submitting this Proposal, the undersigned bidder hereby agrees to be bound by the award of the Contract and, if awarded the Contract on this Proposal, to execute the required Contract and the required Contract Payment and Performance Bond within ten (10) days after receipt of notice of the award. The undersigned bidder submits herewith the required Proposal guaranty in an amount of not less than five percent (5%) of the total amount of the Proposal offered and agrees and consents that the Proposal guaranty shall immediately be at the disposal of the CITY OF KNOXVILLE, not as a penalty, but as an agreed liquidated damage if the required Contract and Contract Payment and Performance Bond are not executed within ten days from receipt of the notice of award.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to § 12-12-106. This list is generated to identify entities ineligible to contract with the State of Tennessee or any political subdivision of the State per the Iran Divestment Act, T.C.A. §§ 12-12-101 – 113, and the current list may be found at the Tennessee Department of General Services, Central Procurement Office, website under the Public Information Library webpage at the following link:

http://tn.gov/assets/entities/generalservices/cpo/attachments/List_of_persons_pursuant_to_Tenn._Cod e_Ann._12-12-106._Iran_Divestment_Act-July.pdf.

http://tn.gov/assets/entities/generalservices/cpo/attachments/List_of_persons_pursuant_to_Tenn._Code_Ann._12-12-106._Iran_Divestment_Act-July.pdf http://tn.gov/assets/entities/generalservices/cpo/attachments/List_of_persons_pursuant_to_Tenn._Code_Ann._12-12-106._Iran_Divestment_Act-July.pdf

THIS PROPOSAL SUBMITTED BY:

Bidder (1)

Printed Name and Title

Address

City/State/Zip

Bidder (1) being a composed of officers, partners, or owners as follows:

(Type of business entity)

Name/Title Name/Title

Bidder (2)*

Printed Name and Title

Address

City/State/Zip

Bidder (2) being a composed of officers, partners, or owners as follows:

(Type of business entity)

BID FORM UNIT TOTAL

ITEM NO. DESCRIPTION UNIT QUANT PRICE PRICE

203-04 PLACING AND SPREADING TOPSOIL C.Y. 61

209-05 SEDIMENT REMOVAL C.Y. 15

712-01 TRAFFIC CONTROL LS 1

712-04.01 FLEXIBLE DRUMS (CHANNELIZING) EACH 40

712-06 SIGNS (CONSTRUCTION) S.F. 162

717-01 MOBILIZATION LS 1

725-21.11 NETWORK SWITCH (TYPE A) EACH 23

725-21.14 NETWORK CONFIGURATION EACH 1

725-22.22 CONDUIT BANK (TYPE 2) L.F. 3262

725-22.32 CONDUIT BANK BORED (TYPE 2) L.F. 6784

725-22.71 2IN CONDUIT L.F. 286

725-22.72 2IN CONDUIT BORED L.F. 155

725-23.10 FIBER OPTIC CABLE (72 F) L.F. 39275

725-23.21 FIBER OPTIC DROP CABLE (12F) L.F. 5289

725-23.26 FIBER OPTIC CLOSURE (12 F) EACH 1

725-23.28 FIBER OPTIC SPLICE FUSION EACH 114

725-23.29 FIBER OPTIC TERMINATION CABINET EACH 1

725-23.31 FIBER OPTIC DROP PANEL ( 12 F ) EACH 23

725-24.31 SPARE PARTS LS 1

725-24.41 BURN-IN PERIOD LS 1

725-24.51 SYSTEM INTEGRATION LS 1

725-24.55 AS-BUILT PLANS LS 1

725-24.61 TRAINING LS 1

725-28.01 ROAD SIDE UNIT (RSU) EACH 6

730-01.02 REMOVAL OF SIGNAL EQUIPMENT EACH 23

730-03.12 AERIAL SPLICE ENCLOSURE EACH 19

730-03.23 INSTALL PULL BOX (FIBER OPTIC - TYPE A) EACH 32

730-03.24 INSTALL PULL BOX (FIBER OPTIC - TYPE B) EACH 2

730-03.36 FIBER SPLICE ENCLOSURE (24 F) EACH 2

730-03.53 FIBER OPTIC CABLE (96 F) L.F. 10468

730-11.10 RISER ASSEMBLY (2", RGS) EACH 17

730-15.11 MODIFY CABINET (INTEGRATE FO EQUIPMENT) EACH 23

730-16.04 CONTROLLER (ATC) EACH 23

793-01.41 ANCHOR 1IN EACH 25

793-02.08 GUY WIRE 10M OR 3/8IN EACH 25

801-02 SEEDING (WITHOUT MULCH) UNIT 7

801-03 WATER (SEEDING AND SODDING) M.G. 1

920-10.05 CENTRAL SOFTWARE LS 1

920-11.05 TRAFFIC MANAGEMENT SOFTWARE SERVER LS 1

TOTAL ROADWAY BID

TOTAL BID IN WORDS

ADDENDUM 1

ADDENDUM 2

ADDENDUM 3

ADDENDUM 4

ADDENDUM 5

PROPOSAL CERTIFICATION

The undersigned, being first duly sworn, certifies on behalf of the bidder that it has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Proposal or Contract. This is an official document that is required or authorized by law to be made under oath and is presented in an official proceeding. A person who makes a false statement in this certification is subject to the penalties of perjury.

The undersigned further certifies that said bidder is not under the control of any person, firm, partnership, or corporation, which has or exercises any control of any other person, firm, partnership, or corporation, which is submitting a bid on this Contract.

Sworn to and subscribed before me

Bidder (1) this day of , Printed Name and Title Notary Public

My commission expires

(Seal)

Sworn to and subscribed before me

Bidder (2) this day of , Printed Name and Title Notary Public

My commission expires

(Seal)

*NOTE: The signature and information for Bidder (2) is to be provided when there is a joint venture.

CITY OF KNOXVILLE, TENNESSEE

PROPOSAL BOND

CONTRACT NO. C-24-0309

Principal:

Print Name of Principal

Surety:

Print Name of Surety

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety above named, are held and firmly bound unto the CITY OF KNOXVILLE in the full and just sum of five percent (5%) of the total amount bid by the Principal for the project stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

NOW, THEREFORE, the condition of this obligation is: the Principal shall not withdraw its bid within sixty (60) days after the opening of the bids, or within such other time period as may be provided in the Proposal, and if the CITY OF KNOXVILLE shall award a Contract to the Principal, the Principal shall, within ten (10) days after written notice of the award is received by him, fully execute a Contract on the basis of the terms, conditions and unit prices set forth in his Proposal or bid and provide bonds with good and sufficient surety, as required for the faithful performance of the Contract and for the protection of all persons supplying labor, material, and equipment for the prosecution of the work. In the event the Principal withdraws its bid after bids are opened, or after award of the Contract has been made fails to execute such the Contract and/or such additional documents as may be required and to provide the required bonds within the time period specified above, then the amount of the Proposal Bond shall be immediately paid to the CITY OF KNOXVILLE, not as a penalty, but as agreed upon liquidated damages.

IN WITNESS WHEREOF, the Principal has caused these presents to be signed by a duly authorized official and the Surety has caused these presents to be duly signed and sealed by an authorized agent or attorney-in-fact.

Principal (1) Surety (1)

By: By:

General Agent or Attorney-in-Fact

Print Name and Title Date

Date (Seal)

Principal (2) Surety (2)

By: By:

General Agent or Attorney-in-Fact

Print Name and Title Date

Date (Seal)

*NOTE: The signature and information for Principal(2) and Surety(2) is to be provided when there is a joint venture.

CITY OF KNOXVILLE, TENNESSEE

PROPOSAL GUARANTEE

CONTRACT NO. C-24-0309

Bidder:

Print Name of Bidder

KNOW ALL MEN BY THESE PRESENTS, that the above-named Bidder has tendered the attached cashier’s or certified check in an amount equal to five percent (5%) of the total amount it bid for the project stated above, payable to the CITY OF KNOXVILLE, to be held pending the fulfillment of the following obligation conditions.

NOW, THEREFORE, the condition of this obligation is: the Bidder shall not withdraw its bid within sixty (60) days after the opening of the bids, or within such other time period as may be provided in the Proposal, and if the CITY OF KNOXVILLE shall award a Contract to the Bidder, the Bidder shall, within ten (10) days after it receives written notice of the award, fully execute a Contract on the basis of the terms, conditions and unit prices set forth in its Proposal or bid and provide bonds with good and sufficient surety, as required for the faithful performance of the Contract and for the protection of all persons supplying labor, material, and equipment for the prosecution of the work. In the event the Bidder withdraws its bid after bids are opened, or after award of the Contract has been made fails to execute such the Contract and/or such additional documents as may be required and to provide the required bonds within the time period specified above, then the CITY OF KNOXVILLE shall cash the attached check and retain the funds, not as a penalty, but as agreed upon liquidated damages.

IN WITNESS WHEREOF, the Bidder has caused these presents to be signed by a duly authorized official.

Bidder (1) Bidder (2)*

By: By:

Print Name and Title Print Name and Title

Date Date

*NOTE: The signature and information for Bidder(2) is to be provided when there is a joint venture.

Local Government Guidelines Form 8-5 August 13, 2024

DBE AWARD INFORMATION FOR CONTRACTORS AND CONSULTANTS

ON LOCALLY LET FEDERAL AID CONTRACTS

County: PIN:

Bid Amount ($): Federal Project Number:

Name of Prime Contractor: State Project Number:

Proposed DBE Goal: % Note: DBE quotes must be attached to this form.

Project Description:_ ____________________________________________________________

Completion Time on or Before: _ ___________________________________________________

ADD DBE SUBCONTRACTORS BELOW

DBE Subcontractor Name:

☐2nd Tier Ethnicity** Gender

Subcontractor Total Amount:

Supplier: Yes ☐ No ☐ *Supplier 100% Amount_ __________ 60% Amount_ ___________

Distributor: Yes ☐ No ☐ *Distributor 100% Amount_ _________ 40% Amount_ _________

*See Section B.5. of Local Program Special Provision 1247LP

All Suppliers/Distributors must complete the DBE Regular Dealer/Distributor Affirmation Form

TDOT Work Item Number Work Description DBE Dollar Amount

Please attach additional pages as needed

** Ethnicity=Black American (BA), Hispanic American (HA), Native American (NA), Asian Indian American (AIA), Asian-Pacific American (APA), Non-Minority Women (FBE), Other (OT)

Prime Contractor Signature _ _____________ Date_ _ Prime Contractor Title _ _______________________