Hot Mix Hauling and Placement Services FY27 & FY28

1.9 COPIES: Knox County requires that bids being submitted by hand be submitted with one (1) marked original and
one (1) exact copy.
1.10 DECLARATIVE STATEMENT: Any statement or words (e.g.: must, shall, will) are declarative statements and the
vendor must comply with the condition. Failure to comply with any such condition may result in their bid being
non-responsive and disqualified.
1.11 ELECTRONIC TRANSMISSION OF BIDS: Due to the nature of this solicitation, Knox County's Procurement
Division will not accept electronically transmitted bids through the County's Online Procurement System.
Submission by facsimile or email is strictly prohibited.
1.12 HOW TO DO BUSINESS: Knox County utilizes a web-based procurement software system, "KnoxBuys." The
system provides our clients (vendors, County departments and the citizens of Knox County) with a more
enhanced and end-user friendly means of accessing our services. The system allows for on-line vendor
registration and maintenance, electronic receipt of purchase orders, on-line retrieval and submittal of quotes, bids
and proposals for our vendor-clients and on-line requisitioning and receiving for our county departments. In order
for the County to maximize its investment and minimize the cost associated with office operations we need your
help. When doing business with Knox County we are urging you to please go to our website at
www.knoxcounty.org/procurement, register as a vendor in our on-line procurement system, "KnoxBuys", if you
have not done so and whenever possible to conduct your business with the County through this site. If you have
any questions please contact the Procurement Division Representative listed in Section 1.1 of this document.
1.13 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the bidder in the preparation
of their bid.
1.14 MULTIPLE BIDS: Knox County may consider multiple bids that meet specifications.
1.15 NON-COLLUSION: Vendors, by submitting a signed bid, certify that the accompanying bid is not the result of, or
affected by, any unlawful act of collusion with any other person or company engaged in the same line of business
or commerce, or any other fraudulent act punishable under Tennessee or United States law.
1.16 PAYMENT METHOD: Knox County utilizes two (2) methods of placing orders for products. The first is the use of
Purchase Orders. These Purchase Orders will be issued from the Knox County Procurement Division via the
method selected by the Vendor during registration. The Purchase Order will detail the quantity, specific item(s)
and the contracted price for each item.
The second method is the use of the Knox County Credit Card (VISA). Orders placed on the credit card will list
the same information as the Purchase Order. Vendors will be given the card information and approval to process
the transaction for the requesting department. Vendors must indicate in their bid response if the Vendor will
accept the Knox County Credit Card (VISA) as form of payment.
1.17 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to
process invoices for payment when the invoicing instructions herein are followed.
1.18 PROOF OF FINANCIAL AND BUSINESS CAPABILITY: Bidders must, upon request, furnish satisfactory
evidence of their ability to furnish products or services in accordance with the terms and conditions of these
specifications. Knox County will make the final determination as to the bidders' ability.
1.19 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further recycling
efforts, requests that bids be sent electronically. Bids being submitted on paper shall:
1.19.1 Be submitted on recycled paper,
1.19.2 Not include pages of unnecessary advertising,
1.19.3 Be made on both sides of each sheet of paper.
1.20 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective bidder to review
the entire Invitation for Bid (IFB) packet and to notify the Procurement Division if the specifications are formulated
in a manner that would unnecessarily restrict competition.
Any such protest or question regarding the specifications or bid procedures must be received in the Procurement
Division no later than May 6, 2026 at 4:30 p.m. local time. These requirements also apply to specifications that
are ambiguous.
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1.21 SIGNING OF BIDS: In order to be considered all bids must be signed. Please sign the original in blue ink. By
signing the bid document, the bidder acknowledges and accepts the terms and conditions stated in the document
and will legally bind the vendor to the County's request for goods and/or services.
1.22 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
request.
1.23 TERM BID AGREEMENTS: If this bid results in a term bid Contract with the vendor, Knox County must receive
all general price decreases that other similar customers receive.
1.24 TITLE VI OF THE CIVIL RIGHTS ACT: "Nondiscrimination in Federally Assisted Programs" - "No person in the
United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance." 42 U.S.C. section 2000d. It is the policy of Knox County Government that all its services and
activities be administered in conformance with the requirements of Title VI.
1.25 UNFORESEEN CIRCUMSTANCES: During periods of closure due to unforeseen circumstances in Knox County
or closures at the direction of the Knox County Mayor, the Procurement Division will enact the following
procedures in regards to solicitations and closures:
* If the Mayor closes the Administrative offices prior to the time set for solicitation opening of any business day,
all solicitations due that same day will be moved to the next operational business day.
* Other unforeseen circumstances shall be at the sole discretion of the Procurement Director.
* Knox County shall not be liable for any commercial carrier's decision regarding deliveries during any
unforeseen circumstances.
1.26 USE OF BID FORMS: Vendors must complete the bid forms contained in the bid package. Failure to complete
the bid forms may result in rejection of their bid.
1.27 VENDOR DEFAULT: Knox County reserves the right, in case of vendor default, to procure the articles or services
from other sources and hold the defaulting vendor responsible for any excess costs occasioned thereby. Should
vendor default be due to a failure to perform or because of a request for a price increase, Knox County reserves
the right to remove the vendor from the County's bidder's list for twenty-four (24) months.
1.28 VENDOR REGISTRATION: Prior to the opening of this bid, ALL BIDDERS must be registered with the
Procurement Division. A vendor application may be submitted online at www.knoxcounty.org/procurement. Select
the On-Line Vendor Registration link and complete the forms. Vendors must be registered with the Procurement
Division prior to submitting their bid. Knox County shall not be responsible for technical difficulties experienced by
vendors trying to register or submit their bid electronically less than twenty-four (24) hours prior to the bid opening
time.
1.29 WAIVING OF INFORMALITIES: Knox County reserves the right to waive minor informalities or technicalities
when it is in the best interest of Knox County.
SECTION II OBLIGATIONS, RIGHTS AND REMEDIES
These terms and conditions shall be part of the Contract. Knox County reserves the right to negotiate other
terms and conditions it deems appropriate and necessary under the circumstances to protect the public's trust.
2.1 ALTERATIONS OR AMENDMENTS: No alterations, amendments, changes, modifications, or additions to this
Contract shall be binding on Knox County without the prior written approval of the County.
2.2 APPROPRIATION: In the event no funds are appropriated by Knox County for the goods or services in any fiscal
year, or insufficient funds exist to purchase the goods or services, then the Contract shall expire upon the
expenditure of previously appropriated funds or the end of the current fiscal year, whichever occurs first, with no
further obligations owed to or by either party.
2.3 ASSIGNMENT: Contractor shall not assign or subcontract this agreement, its obligations or rights hereunder to
any party, company, partnership, incorporation or person without the prior written specific consent of Knox
County.
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2.4 BOOKS AND RECORDS: Contractor shall maintain all books, documents, accounting records and other
evidence pertaining to the goods and services provided under this Contract and make such materials available at
its offices at all reasonable times during the Contract period and for five (5) years from the date of the final
payment under this agreement for inspection by County or by any other governmental entity or agency
participating in the funding of this agreement, or any authorized agents thereof; copies of said records to be
furnished if requested. Such records shall not include those books, documents and accounting records that
represent the Contractor's costs of manufacturing, acquiring or delivering the products and services governed by
this agreement.
2.5 CHILD LABOR: Contractor agrees that no products or services will be provided or performed under this Contract
that have been manufactured or assembled by child labor.
2.6 COMPLIANCE WITH ALL LAWS: Contractor is assumed to be familiar with and agrees to observe and comply
with all Federal, State, and local laws, statutes, ordinances, and regulations in any manner affecting the provision
of goods and/or services, and all instructions and prohibitive orders issued regarding this work and shall obtain all
necessary permits.
2.7 CRIMINAL HISTORY RECORDS CHECK: Any and all successful vendors, vendor employees, and any vendor
sub-contractors and its employees that perform any services at Knox County Schools must submit to a criminal
history records check at vendor's expense. This is conducted by the Tennessee Bureau of Investigation and the
Federal Bureau of Investigation prior to permitting the employee to have contact with students or enter school
grounds when students are present. Reference Tennessee Code Annotated Section 49-5-413. Bidders must
submit with their bid the Criminal History Affidavit of Compliance (Attachment C).
2.8 DEFAULT: If Contractor fails to perform or comply with any provision of this Contract or the terms or conditions of
any documents referenced and made a part hereof, Knox County may terminate this Contract, in whole or in part,
and may consider such failure or noncompliance a breach of Contract. Knox County expressly retains all its rights
and remedies provided by law in case of such breach; and no action by Knox County shall constitute a waiver of
any such rights or remedies. In the event of termination for default, Knox County reserves the right to purchase
its requirements elsewhere, with or without competitive bidding.
2.9 GOVERNING LAW; VENUE: This agreement shall be exclusively construed, governed, and controlled by the
Laws of the State of Tennessee without regard to principles of law, including conflicts of law, of any other
jurisdiction, territory, country, and/or province. Any dispute arising out of or relating to this agreement shall
exclusively be brought in the Chancery Court or the Circuit Court of Knox County, Tennessee. Each party
consents to personal jurisdiction thereto and waives any defenses based on personal jurisdiction, venue and
inconvenient forum.
2.10 INCORPORATION: All specifications, drawings, technical information, Invitation for Bid, Bid, Award and similar
items referred to or attached or which are the basis for this Contract are deemed incorporated by reference as if
set out fully herein.
2.11 INDEMNIFICATION/HOLD HARMLESS: Contractor shall indemnify, defend, save and hold harmless Knox
County, its officers, agents and employees from all suits, claims, actions or damages of any nature brought
because of, arising out of, or due to breach of the agreement by Contractor, its subcontractors, suppliers, agents,
or employees or due to any negligent act or occurrence or any omission or commission of Contractor, its
subcontractors, suppliers, agents or employees.
2.12 INDEPENDENT CONTRACTOR: Contractor shall acknowledge that it and its employees serve as independent
contractors and that Knox County shall not be responsible for any payment, insurance or incurred liability.
2.13 INSPECTION AND ACCEPTANCE: Warranty periods shall not commence until Knox County inspects and
formally accepts the goods and/or services. The terms, conditions and timing of acceptance shall be determined
by Knox County. Knox County reserves the right to reject any or all items or services not in conformance with
applicable specifications, and Contractor assumes the costs associated with such nonconformance. Acceptance
of goods or services does not constitute a waiver of latent or hidden defects or defects not readily detectable by a
reasonable person under the circumstances.
2.14 IRAN DIVESTMENT ACT: 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
Tennessee Code Annotated 12-12-106.
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2.15 LIMITATIONS OF LIABILITY: In no event shall Knox County be liable for any indirect, incidental, consequential,
special or exemplary damages or lost profits, even if Knox County has been advised of the possibility of such
damages.
2.16 NO BOYCOTT OF ISRAEL: Pursuant to Tennessee Code Annotated Title 12, Chapter 4, Part 1, by submission
of a response to this solicitation, each bidder and each person signing on behalf of any bidder certifies, and in the
case of a joint response 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 currently engaged in, and will not for the duration of the
contract engage in, a boycott of Israel.
2.17 NON-DISCRIMINATION AND NON-CONFLICT STATEMENT: Contractor agrees that no person on the grounds
of handicap, age, race, color, religion, sex, national origin, or any individual trait or characteristic found to be an
illegal consideration shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to
discrimination in the performance of this agreement or in the employment practices of Vendor. Contractor shall
upon request show proof of such non-discrimination and shall post in conspicuous places available to all
employees and applicants notices of non-discrimination. Contractor covenants that it complies with the Fair Wage
and Hour Laws, the National Labor Relations Act, and other federal and state employment laws as applicable.
Contractor covenants that it does not engage in any illegal employment practices.
Contractor covenants that it has no public or private interest and shall not acquire directly or indirectly any
interest, which would conflict in any manner with the provision of its goods or performance of its services.
Contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to
any officer or employee of Knox County as wages, compensation, or gifts in exchange for acting as officer, agent,
employee, sub-contractor or consultant to Contractor in connection with any goods provided or work
contemplated or performed relative to the agreement.
2.18 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provision of this Contract and referenced
documents, the following descending order of precedence shall prevail: (1) Contract, (2) Invitation for Bids, (3)
Bid, (4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7) Specifications, (8)
Drawings.
2.19 REMEDIES: Knox County shall have all rights and remedies afforded under the U.C.C. and Tennessee law in
Contract and in tort, including but not limited to rejection of goods, rescission, and right of set-off, refund,
incidental, consequential and compensatory damages and reasonable attorney's fees.
2.20 RIGHT TO INSPECT: Knox County reserves the right to make periodic inspections of the manner and means the
service is performed or the goods are supplied and warehoused.
2.21 SEVERABILITY: If any provision of this Contract is declared illegal, void, or unenforceable, the remaining
provisions shall not be affected but shall remain in force and in effect.
2.22 TAX COMPLIANCE: Pursuant to Resolution R-07-1-903 passed by the Commission of Knox County, Tennessee,
Contractor hereby acknowledges, by submission of its bid or proposal and signature, it is current in its respective
Federal, State, County, and City taxes of whatever kind or nature, and is not delinquent in any way. Delinquent
status must be disclosed or risk debarment by the Knox County Procurement Division.
2.23 TERMINATION: County may terminate this agreement with or without cause, upon written notice of not less than
thirty (30) calendar days. In the event of termination by either party, fees due for services satisfactorily performed
or goods accepted prior to the termination date shall be paid.
2.24 WARRANTY: Contractor warrants to Knox County that all items delivered and all services rendered shall conform
to the specifications, drawings, bid and/or other descriptions furnished and/or incorporated by reference, and will
be fit for the particular purpose purchased of merchantable quality, good workmanship, and free from defects.
Contractor extends to Knox County all warranties allowed under the U.C.C. Contractor shall provide copies of
warranties to the County upon request. Return of merchandise not meeting warranties shall be at Contractor's
expense.
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SECTION III SPECIAL TERMS AND CONDITIONS
3.1 INTENT: The intent of this solicitation is to obtain a Contractor(s) to augment the efforts of the Knox County
Engineering and Public Works Department with Hot Mix Hauling and Placement Services and various other
roadway items. Knox County intends to make a Best Value Award. Best Value means more than low bid. It
includes the initial cost and service quality, which includes previous work history and performance on similar
roadway improvements.
3.2 ACCEPTANCE: Bidders are advised that the payment of an invoice does not necessarily constitute as an
acceptance of services that are provided. Acceptance requires a specific written action by Knox County so
stating.
3.3 ACCOUNT SET-UP: The successful Vendor will be required to set up separate accounts for Knox County
Engineering and Public Works and any other departments that may use this Term Contract. The successful
Contractor(s) will be required to invoice, as well as post payment, to the proper agency.
3.4 ADDITIONS/DELETIONS: Knox County reserves the right to add goods and/or services to this term bid or delete
goods and/or services that Knox County deems necessary. If items are to be added, Knox County and the
Contractor(s) will arrive at a mutually agreed upon price. Any additions/deletions must be approved in writing by
Knox County Procurement prior to any changes in service.
3.5 ALTERNATE MATERIALS: The materials specified have been determined to have characteristics appropriate for
the purposes of this project. Unless the clause "or equal" is used in the specifications pertaining to the material or
article, only the specified item shall be used. In the event, however, that the clause "or equal" is used in the
specifications pertaining to the material or article, the use of an alternate article other than that specified must be
submitted for the written approval of the County no less than five (5) business days prior to the bid opening. No
bid will be accepted which bids to use a non-approved alternate. The County shall notify all bidders of any
approved alternates by addendum only. The County reserves the right to reject any or all bids.
3.6 AWARD STATUS: Knox County intends to issue a one (1) year award. Upon the mutual agreement of each
vendor and Knox County, the award may be extended for one (1) additional year. This may result in a total of two
(2) years. Knox County reserves the right to purchase these items/services from other sources if the need arises.
Knox County reserves the right to revoke the award if a pattern of unavailability arises with the vendor. Should
Knox County not desire to renew, no reason needs to be given.
3.7 BIDDER OBLIGATION: Each bidder shall become fully acquainted with conditions relating to the scope and
restrictions attending the execution of the work under this IFB. The failure or omission of a bidder to become
acquainted with existing conditions shall no way relieve the bidder of any obligations with respect to this IFB or to
the Contract.
3.8 BID ENVELOPE COVER: The bid envelope cover sheet must be completed and attached to the outside of your
bid. Failure to do so will result in the rejection of your bid.
3.9 BID EVALUATION: In evaluating the bids, Knox County reserves the right to use any or all of the ideas from the
bids submitted without limitation and to accept any part or all of the successful bid in selecting an operation which
is judged to be in the best interest of the Knox County. All material submitted becomes the property of Knox
County.
3.10 CERTIFICATIONS: Contractor's equipment operators shall be certified in the proper operation of the equipment
they will use under this Term Contract (e.g. CDL license). Certifications of technicians shall be included in the
bid package. It shall be the awarded vendor's responsibility to maintain current certifications with Knox County
Procurement for the duration of the Contract.
3.11 CHANGES AFTER AWARD: It is possible after award that Knox County may change its needs or requirements.
Knox County reserves the right to make such changes after consultation with the Contractor(s). Should additional
costs arise, Knox County reserves the right to consider accepting these charges provided the Contractor(s) can
document the increased costs. Knox County also reserves the right to accept proposed service changes from the
Contractor(s) if they will lower the cost to Knox County and/or provide improved service.
3.12 COMMUNICATIONS: The successful execution of this Contract will require extensive communication between all
parties involved. While information may be transmitted via telephone, it should always be followed up with an
email. It is essential that the Contractor have an efficient and properly working email. The Contractor will be
required to submit a list of individuals, along with direct phone number, cell phone numbers and email addresses
to the agency contracts. These individuals must be familiar with the Knox County Contract and have the authority
to make adjustments as requested by Knox County.
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3.13 COMPLIANCE WITH ALL APPLICABLE REGULATIONS: Vendor agrees and covenants that the company, its
agents and employees will comply with all City, County, State and Federal codes, laws, rules and regulations
applicable to the business to be conducted under this Contract. If the Vendor performs any work knowing it to be
contrary to such laws, ordinances, rules and regulations, the Vendor shall bear all costs arising from them.
3.14 CONSTRUCTION PROJECTS: Any construction undertaking, for which the total cost of the project is Twenty-
Five Thousand Dollars ($25,000) or more, is subject to the "Contractors Licensing Act of 1994." In accordance
with the Act, no solicitation will be opened unless the outside of the sealed envelope containing the solicitation
provides the following information: The Contractor's license number, the date of the license's expiration, and a
dollar quotation of that part of his classification applying to the solicitation.
If the value of the subcontractor's work is less than Twenty-Five Thousand Dollars ($25,000), the solicitation
envelope is to be annotated with the phrase "Subcontractor's Bid is less than $25,000" after each appropriate
heading. In the case of joint ventures, this information must be provided by each party submitting the solicitation.
If no subcontractors are being used, the outside of the envelope must state, "No subcontractors are being used
on this project." All solicitations must be submitted in one envelope. Bidder must use the Bid Envelope
Cover Sheet provided with the Invitation for Bid.
3.15 CONTACT PERSONNEL: It shall be essential to the success of this Contract to develop a good working
relationship with the Contractor(s). It is imperative that the Knox County account be handled efficiently and
professionally. Knox County should be assigned no more than two (2) Contractor contacts to handle billing
inquiries and service-related issues. In the event one (1) or both contacts leave the Knox County account, the
Contractor shall formally introduce the new contacts to County personnel. These contacts must be knowledgeable
of the County's account to avoid any interruption of service.
3.16 CONTRACT EXECUTION: The award of this bid will result in a Contract between Knox County and the
successful Contractor(s). The Contract must be voted on by the Knox County Commission and receive a majority
vote. The successful Contractor(s) may be required to be present at the full Commission Meeting to answer
questions relating to the service(s) performed. Adequate notification will be given by Knox County Procurement
Division if the Contractor(s) will need to attend this meeting. There shall be no cost to Knox County for attendance
at this meeting. The Knox County Procurement Division will draft the Contract. The Knox County Procurement
Division will not accept any Contractor's Contract. If these types of Master Agreements, Service Agreements,
Terms of Agreements or other submitted Contract agreements are submitted, they will be rejected.
3.17 CONTRACTOR'S DUTIES: All work performed under this Contract shall be performed in accordance with all
provisions of these specifications or plans and must be approved in writing by the County. The Contractor shall be
presumed to have made a reasonable inspection of the premises prior to the time of bidding and shall be held
responsible for all information available through such inspections. The Contractor shall immediately upon
discovery, bring to the attention of the County any conflicts that may occur among the various provisions of the
specifications and plans. The County shall resolve such conflicts and shall be responsible for any costs
reasonably incurred by the Contractor due to such conflict.
Failure of the Contractor to bring conflicts or exceptions to the attention of the County shall allow the County to
require any changes deemed necessary before acceptance by the County.
3.18 DESTINATION AND DELIVERY: Bidders must include all destination and delivery charges in their price. There
will be no extra hidden charges. Delivery must be "free on board" to the County department. All shipping
charges must be noted under the delivery fee along with a minimum volume for delivery.
Asphalt materials shall be delivered in an efficient manner such that the paving operation is continuously moving.
Prior to work commencing Knox County and the contractor shall discuss and agree upon the required number of
trucks for efficient delivery and paving operations.
All deliveries must be unloaded and placed in the location desired by Knox County. No deliveries will be made
outside of Knox County unless it is through cooperative purchasing.
3.19 DRUG-FREE WORKPLACE: If the Contractor has five (5) or more employees receiving pay, the Contractor shall
have a drug-free workplace program that complies with Title 50, Chapter 9 of the Tennessee Code Annotated,
and must provide the Affidavit (Attachment B) required by Public Acts, 2000, Chapter 918.
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3.20 EQUIPMENT REQUIREMENTS: Prior to each specific job beginning, Knox County and the Contractor shall
agree upon the appropriate paving equipment needed for the job. For example, roadways less than 20 feet in
width will require a paver with an 8-foot screed. Electronic screed control may be required on roadways with a
posted speed limit of 35 mph and higher, as deemed necessary by Knox County.
3.21 EVALUATION CRITERIA: This bid will be evaluated using the following criteria:
Price* 100 Points
*Knox County may also use three (3) pre-determined sample projects that are typical of the work that will be
required of this Contract in order to evaluate pricing submitted.
Knox County reserves the right to ascertain whether or not the bid prices submitted are realistic and within the
competitive range for these products and this type of service.
3.22 EVALUATION REVIEW: Knox County reserves the right to use all pertinent information that might affect the
County's judgment as to the appropriateness of an award to the best evaluated bidder. This information may be
appended to the bid evaluation process results. Information on a service provider from reliable sources, and not
within the service provider's bid, may also be noted and made part of the evaluation file. Knox County shall have
sole responsibility for determining a reliable source. Knox County reserves the right to conduct written and/or oral
discussions/interviews after the bid opening. The purpose of such discussions/interviews is to provide clarification
and/or additional information to make an award that is in the best interest of Knox County.
3.23 EXCEPTIONS TO SPECIFICATIONS: Bidders taking exception to any part or section of these specifications shall
indicate such exceptions in their bid response. Failure to indicate any exceptions shall be interpreted as the
bidder's intent to fully comply with the specifications as written. Conditional or qualified offers are subject to
rejection in whole or in part. Exceptions will be negotiated for a mutual resolution.
3.24 FORCE MAJEURE: The successful Contractor(s) will not be held responsible for acts beyond the control of the
parties to which a Contract is awarded. Knox County recognizes that national and/or international occurrences,
unforeseen and beyond control of the vendor, may impact distribution costs. The pricing offered as a result of this
bid is to be based upon known and calculated expenses; therefore should unexpected occurrences (e.g.: natural
disasters, drought, war) happen as stated above, the vendor may request relief only for the duration of said
occurrence.
3.25 GRATUITIES AND KICKBACKS: It shall be a breach of ethical standards for any person or company to offer,
give, or agree to give any employee or former employee, or for any employee or former employee to solicit,
demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with
any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim, or controversy or other particular matter, pertaining to any program requirement of a contract
or sub-contract or to any solicitation or proposal therefore.
3.26 INSURANCE: The successful vendor must carry the insurance as indicated on the Insurance Attachment hereto.
As proof the vendor's willingness to obtain and maintain the insurance, the vendor must complete, sign and have
its insurance agent sign the attachment and submit it with the bid.
Upon the Notification of Intent to Award and prior to the Contract being fully executed, the successful vendor will
be required to submit a Certificate of Insurance (COI) with the specified coverage and listing Knox County as
additional insured; Endorsement Page(s) shall be included. It shall be the successful vendor's responsibility to
keep a current COI and Endorsement Page(s) on file with Knox County Procurement as long as the Contract is in
effect.
3.27 INTERPRETATION: No oral interpretation will be made to any bidder regarding the meaning of specifications. All
questions are to be submitted in writing or electronically (email) and will be answered in the form of an Addendum
to the solicitation by the Knox County Procurement Division.
3.28 INVOICE REVIEW: Knox County shall review all invoices for adherence to the terms and conditions of the
Contract. Variations from the Contract and Contract pricing are strictly prohibited. Any variations found on the
invoice will result in the rejection of those invoices. Rejected invoices will be returned to the Contractor(s) for
correction. If a discount for prompt payment is offered, the timeline does not commence until Knox County
receives the invoice.
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3.29 INVOICING REQUIREMENTS: Knox County is requesting invoices to show the following detail to help expedite
review and payment. The Contractor(s) may be required to modify invoicing procedures to show the detail. All
potential Contractor(s) are hereby cautioned that Knox County will only pay from original invoices and not
facsimiles or copies. Invoices which do not adhere to these details may be returned to the Contractor for
correction.
Contractor(s) may be asked to submit a sample copy of their invoice for review during evaluation of this IFB;
account information may be deleted.
3.29.1 The invoice must show the amount due to the Contractor by Knox County.
3.29.2 All invoices shall be submitted within thirty (30) days of work being performed.
3.29.3 The invoice must show: daily work quantities and detailed breakdown of TDOT AC adjustments, a copy
of the approved mix design that was used in the project(s) being invoiced, as well as any additional
information as required by Knox County.
3.29.4 Invoices are to be original and uniquely pre-numbered.
3.29.5 Submit original invoice and one (1) exact copy.
3.29.6 Invoices that do not show this information are subject to rejection.
Knox County requests that invoices be easy to read and understand. Invoices are to be original and uniquely pre-
numbered. Each participating agency to this Contract may require different invoicing information and procedures.
This information and procedures shall be provided to the successful Contractor(s) prior to Contract execution.
There shall be no additional charges for this information and procedures to be included.
Invoices shall be sent to the "Bill To" address printed on the Purchase Order. Each department or division of Knox
County is responsible for its own budget. Departments cannot charge or pay bills for another department.
Therefore, it is critical that your business invoices specify the department that desire to purchase from you. Do not
credit payments to any other department's account. Invoices must be submitted in triplicate and must match the
corresponding Purchase Order number. There shall be no component billing.
If a complete invoice, submitted in accordance with the guidelines stipulated herein, remains unpaid after thirty
(30) days, please contact the appropriate department listed in the "Bill To" section of the Purchase Order to
determine its status.
3.30 LIABILITY: All collected material/products shall become the liability of the Contractor immediately upon the
Contractor's handling of collected products and continuing thereafter. The Contractor must agree to indemnify,
defend and hold Knox County harmless from all liability arising from the transporting, storing, recycling,
reclaiming, refining or disposing of said collected products including, but not limited to, the cost of any remedial
action under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (also known
as the Superfund) and comparable state law.
3.31 LICENSING REQUIREMENTS: Vendors must be properly licensed, if applicable, by the State of Tennessee
Licensing Board for General Contractors for the type of work requested and must submit a copy of the license
with their bid. All licensing must be in accordance with Tennessee Code Annotated.
3.32 NEWS RELEASES BY VENDORS: As a matter of policy, Knox County does not endorse the services of a
Contractor. A Contractor will not make news releases concerning any resultant Contract from this solicitation
without the prior written approval of Knox County.
3.33 NO CONTACT POLICY: After the date and time that the vendor receives this solicitation, any contact initiated by
any bidder with any Knox County representative, other than the Procurement Division representative listed herein,
concerning this Invitation for Bids, is strictly prohibited. Any such unauthorized contact may cause the
disqualification of the bidder from this procurement transaction.
3.34 NOTIFICATION: The Contractor will be solely responsible for notifying the residents of all subdivision roads (and
any other road Knox County deems necessary) of the planned work by the use of signage. The signage will be
provided by Knox County and installed by the Contractor a minimum of seventy-two (72) hours in advance of work
to be done. The cost of this item shall be included in the cost of other items and no separate pay item will be
considered. In the event the successful Contractor does not adhere to these notification requirements, paving
operations shall be suspended until the seventy-two (72) hours of required notification is met.
3.35 OFFER WITHDRAWAL: No bid can be withdrawn after it is filed unless the bidder makes a request in writing to
the Knox County Procurement Division prior to the time set for the opening of bids or unless the County fails to
accept within ninety (90) days after the date fixed for opening the Invitation for Bids.
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3.36 ON-SITE SUPERVISION REQUIREMENT: The successful contractor shall have a crew supervisor on site at all
times when work is performed. Prior to work being performed, the contractor shall notify Knox County of who the
crew supervisor shall be for the upcoming work. At no time shall the County inspection staff be required to direct
means and methods of Contractor's duties.
3.37 OPEN RECORDS ACT: Knox County is subject to the Tennessee Public Records Act 10-7-503 et seq. Bidders
are cautioned that all documents submitted on behalf of this Invitation for Bids shall be open to the public for
viewing and inspection and Knox County will comply with all legitimate requests.
3.38 PERFORMANCE AND PAYMENT BOND: The successful Contractor(s) shall be required to execute a
performance and payment bond upon execution of the written Contract for Fiscal Year 2027. For Fiscal Year
2028, a new performance and payment bond must be executed at the contract renewal period. Contractor's costs
associated with the Performance and Payment Bond must be included in their cost per ton or item, as specified.
3.39 PERSONAL PROPERTY: The successful vendor(s) shall be fully responsible for all personal property located
within the area to be paved. This shall include, but not be limited to vehicles, mailboxes, driveway culverts, flower
gardens, poles, etc. The successful vendor(s) shall make immediate notification to the Knox County inspector
assigned to that project if damage occurs. The property owner shall also be notified immediately, and a course of
corrective action discussed and agreed upon at the earliest possible time; in no event shall the vendor(s) exceed
forty-eight (48) hours to notify the property owner of damage to their personal property.
3.40 POSSESSION OF WEAPONS: All vendors and their employees and their agents are prohibited from possessing
any weapons on Knox County property without prior written consent from the County. In the case of a vendor
whose contract requires possession of firearms or other weapons to successfully complete their contract, vendor
must provide personnel who are bonded to bear said weaponry.
3.41 PRICING: The Contractor(s) warrants that the unit price stated shall remain firm for a period of twelve (12)
months from the first day of the Contract period. The price per ton shown in Section VI shall include all costs for
final placement according to TDOT specifications or as directed by the Knox County Engineering and Public
Works Department. Knox County shall pay for obtaining pavement samples and analysis after placement by
Contractor. Knox County will only pay for material placed and compacted. In the event the contractor brings
excess asphalt, it will be the contractor's responsibility to dispose of without cost to Knox County.
3.42 QUANTITIES: Knox County does not guarantee any quantities of items to be purchased. It shall be the successful
Contractor's sole responsibility to verify specific job quantities prior to beginning work for approved jobs.
3.43 REJECTION OF BIDS: Knox County reserves the right to reject any and all bids received as a result of this
request and to waive any informality, technical defect or clerical error in any bid, as the interests of the County
may require. Non-acceptance of any bid will be devoid of any criticism of the bid and of any implication that the
bid is deficient in any manner. Non-acceptance of any bid shall be construed as meaning simply that the County
does not deem the bid to be acceptable or that another bid was deemed to be more advantageous to Knox
County for the particular services proposed.
3.44 REMOVAL OF VENDOR'S EMPLOYEES: The successful vendor(s) agrees to utilize only experienced licensed,
responsible and capable people in the performance of the work. Knox County may require that the successful
vendor(s) remove from the job covered by this contract, employees who endanger persons or property or whose
continued employment under this contract is inconsistent with the interest of Knox County.
3.45 SAFETY: Contractor(s) will ensure that its employees observe and exercise all necessary caution and discretion
so as to avoid injury to person or damage to property of any and all kinds. All buildings, appurtenances and
furnishings shall be protected by the vendor from damage, which might be done or caused by works performed
under this Contract. Such damages to the foregoing shall be repaired and/or replaced by approved methods so as
to restore the damaged areas to their original condition at the expense of the vendor.
3.46 SAFETY AND PROTECTION: The Contractor(s) shall exercise good safety precautions while performing the
services required in this solicitation. All work performed under this Contract shall comply with the requirements of
the William-Steiger Occupational Safety and Health Act of 1970 and the revisions thereto. The Contractor(s) shall
be solely and completely responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the work to be performed. The Contractor(s) shall take all necessary precautions for
the safety of, and shall provide the necessary protection to prevent injury to, all employees on the work site and
other persons, including but not limited to, the general public who may be affected thereby. All work is to be done
as required as by TOSHA, OSHA, EPA and AHERA.
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