ITQ 2026-03 Bowser Ridge Mowing

CITY OF JOHNSON CITY
PURCHASING DEPARTMENT
Invitation to
209 WATER STREET
JOHNSON CITY, TN 37601 Quote
PHONE 423-975-2715 FAX: 423-975-2712
purchasing@johnsoncitytn.org
DATE QUOTE NOT LATER THAN PROJECT TIMEFRAME: TIMEFRAME PROPOSED:
3/25/2026 4/1/26 BY END OF DAY ASAP
ITQ# 2026-03 Bowser Ridge Mowing
QUOTE RESPONSE MUST BE SUBMITTED
WE QUOTE YOU AS BELOW
TO: City of Johnson City Purchasing Office
REPLY VIA MAIL, EMAIL, FAX OR ON-LINE Company Name: ___________________________________________
purchasing@johnsoncitytn.org
ELECTRONIC RESPONSES: Click Here ADDRESS: ___________________________________________
DEPARTMENT CONTACT (for inquiries only): ___________________________________________
Jim Culbert 423.232.5961 PHONE: ___________________________________________
jculbert@johnsoncitytn.org
F.O.B. DELIVERED, FREIGHT PREPAID & ALLOWED. *BY: (SIGNATURE) _________________________________________
BASE YOUR QUOTATION ON THE TERMS AND NAME TYPED: _________________________________________
CONDITIONS INCLUDED AND/OR PRINTED HEREON. OFFICAL TITLE: _________________________________________
TERMS: NET 30 DAYS QUOTATION DATE: ________________________________________
ANTICIPATED RECOMMENDATION DATE: EMAIL ADDRESS:___________________________________________
QUOTE ON THIS FORM AS BELOW:
QUANTITY DESCRIPTION TOTAL
Provide all materials, equipment, and labor for litter collection
and mowing of approximately 52 acres at Bowser Ridge and
approximately 4 acres at the model airplane air field as per
attached specification.
1 Spring Mowing: $_________________________
1 Summer Mowing: $_________________________
1 Fall Mowing/Bush Hogging: $_________________________
Total $_________________________
Complete and return the attached insurance forms with your
submittal.
Site visit recommended. Contact Jim Culbert 423-232-5961
jculbert@johnsoncitytn.org to arrange a visit.
This will be a three (3) year contract subject to annual renewal
provided all terms, conditions and prices remain the same and
vendor is in agreement. The City reserves the right to re-quote at
the end of any one year period.
Vendor's past performance may be a consideration in the awarding of this contract
*By signing this document, the undersigned hereby agrees to the prices and all other terms and conditions, including the attached Invitation to Quote General Terms &
Conditions and the City's Requirements for Bids, Requests for Proposals, and Contracts Between the City of Johnson City and Other Parties and the requirements of the Iran
Divestment Act (#16) and associated documents relating to this quote and will furnish items as specified if this quote is accepted.

March 25, 2026
City of Johnson City
Risk Management Department
Mowing Specifications - Bowser Ridge
1. Description
Bowser Ridge is a State permitted closed municipal landfill. It is located off of Lancaster Road, in
Washington County, Tennessee. There are gas monitoring wells and vents on the property. The mowable
area is approximately 52 acres, with slopes extending from a gravel access road to the top of property. In
addition to the main landfill location, there is a model airplane air field containing more or less 4 to 7 acres.
See attached sheet detailing approximate locations.
A mowing cycle shall be one complete litter collection and mowing of the areas designated within this
proposal. The mowing season for this year will be One (1) spring, One (1) summer and One (1) fall Bush
Hogging / Mowing.
2. Site Visit
Site visit recommended. Contact Jim Culbert 423-232-5961 jculbert@johnsoncitytn.org to arrange; the
hours that the property is open for visiting are Tuesday -Thursday 8:00 - 4:00.
3. General
All litter collection and mowing shall be performed to the satisfaction of the City Environmentalist. Litter
pickup shall be performed immediately prior to or concurrently with mowing. All trash and litter shall be
picked up, removed from the site and properly disposed of by the contractor. The contractor must make
every effort to avoid mowing over any trash. Should a contractor mow over trash, he must complete a
thorough clean up of the area immediately. The height of the mowing shall be between 8-10 inches.
The contractor shall mow all the areas that are designated as mowable acres, including behind all
guardrails, gas vents and exercise extreme care not to damage pipes, utilities etc. within the mowed areas.
The Contractor shall mow as close as practical to all fixed objects. Weed eating shall be completed around
the monitoring wells and other vent pipes. Be aware wells have a tendency to harbor bees' nests. Beware
of the Monitoring Wells. If wells are hit, or damaged, please notify the City so repairs can be made. Vendor
is to ensure PVC wells are in proper order upon completion of mowing. The slopes shall be mowed with
a track type mowing system, (such as a rubber track skid steer with a Bush Hog attachment), to
prevent rutting. All mowing shall be bush hogging.
4. Work Requirements
The contractor shall furnish all labor, supervision, equipment, and materials to safely and properly perform
the litter collection and mowing operation.
5. Damage to Property
The Contractor shall carry on his operation in such a manner that he does not damage the existing ground
areas, trees, guardrails, utilities, gas piping vents, delineators or other structures. The Contractor shall not
mow during wet conditions where turf damage or ruts would occur. The Contractor shall notify the City of all
wet areas that are encountered while mowing. If damaged property resulting from the Contractor's
operations has to be repaired or replaced by the City, the cost of such work shall be deducted from monies
due the Contractor.
The Contractor shall take the necessary precautions to prevent damage to passing vehicles and to both
public and private property. This shall include, but is not limited to trees, shrubs, fences, mailboxes,
structures. Payment of invoices may be withheld until damaged property has been repaired or replaced.
The Contractor shall respond to all claims of damage from the public within 72 hours after notification of
damage. Failure to settle claims for damages in a timely manner may result in actions by the City to
preclude the Contractor from performing work on future projects.
6. Liability Insurance

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The contractor shall further provide for public protection by carrying insurance coverage of the type and
amount shown on these bid documents. The attached Insurance Checklist (which includes a section for
the Insurance agent to fill-out) and General Contract Form must be completed and returned with the bid
package. Successful vendor shall provide certificate of insurance, as specified, prior to contract award.
The liability insurance policy shall be maintained for the duration of the project. The parties hereby agree
that failure to maintain liability insurance shall constitute a material breach of the agreement. The
Contractor shall provide the City proof of a new policy prior to expiration of the current policy. The
Contractor shall be considered in default at any time this insurance is canceled, terminated or allowed to
expire prior to completion of the contract. The Contractor shall give the City thirty (30) days written notice
of their insurance carrier's intent to terminate the policy.
7. Request for Payment
The contractor shall prepare a written invoice to be submitted after each mowing event. The invoice shall
list the mowing event for which payment is requested, the start and finish dates for the event, the unit cost,
and the total amount due. The invoice must be signed by an authorized agent for the Contractor. Invoices
may be delivered to the Public Works Engineering offices or mailed to the City of Johnson City, P.O. Box
2150, Johnson City TN 37605 ATTN: City Environmentalist. Payment will be made in about 30 days
following the receipt of invoice.
8. Basis of Payment
Invoices will be paid for at the contract unit price per event for actual work done.
9. Contract Award
Award of contracts shall be on the basis of the lowest total.
10. Termination of Contract
a. City
Periodic inspections of mowed areas shall be made by the City to confirm contractor compliance with
mowing and trimming requirements. The City reserves the right to terminate any contract entered into
subsequent to this solicitation when, in the opinion of the City Environmentalist, the contractor has
failed to perform satisfactorily any portion of the requirements stipulated under these specifications.
Any such termination will be subject to written notification by the city wherein the reasons for
termination shall be plainly stated.
b. Contractor
Upon 30 day written advance notice, the contractor may terminate their contract with the City. Failure
to provide written notice as stated will result in delay or possible withholding of final payment until such
time as the City is able to complete the usual process of soliciting a replacement contractor and
determining the extent of costs incurred, if any, from such failure.
11. Contract Renewal
This contract shall be for a three (3) year period from the date of the purchase order subject to annual
renewal provided all terms, conditions and prices remain the same and vendor is in agreement. The
City reserves the right to re-quote at the end of any one year period. Prices are to be firm for the term of
the contract.

INSURANCE CHECKLIST
(Mowing/Trimming/Litter Collection- Bowser Ridge Mowing)
REQUIRED COVERAGE (marked by "x") MINIMUM LIMITS
X 1. Worker's Compensation (proprietor/partners/executive officers exclusion not allowed) . . . . . . . . . . . . . . Statutory limits of Tennessee
and Employer's Liability . . . . . . . . . . . . . . . . . . . . . . $100,000/accident, $100,000/disease, $500,000/disease policy limit
X 2. Commercial General Liability (including Premises/Operations) . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million
annual aggregate
X 3. Automobile Liability & Owned/Hired/Non-Owned Vehicles . . . . . . . . . $500,000 BI/PD each accident, Uninsured Motorist
X 4. Independent Contractors . . . . . . . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate
X 5. Products/Completed Operations . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate
6. Contractual Liability . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate
7. Personal and Advertising Injury Liability . . . . . . . . . . . . . . . . . . . . . $1,000,000 each offense, $1 Million annual aggregate
8. Umbrella Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million Bodily Injury, Property Damage and Personal Injury
9. Per Project Aggregate
10. Professional Liability
a. Architects and Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim
b. Asbestos Removal Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2 Million per occurrence/claim
c. Medical Malpractice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim
d. Medical Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim
11. Miscellaneous E & O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim
12. Motor Carrier Act End. (MCS-90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million BI/PD each accident, Uninsured Motorist
13. Motor Cargo Insurance
14. Garage Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million Bodily Injury, Property Damage per occurrence
15. Garagekeepers Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000 Comprehensive, $500,000 Collision
16. Inland Marine-Bailee's Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $_______________
17. Moving and Rigging Floater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to CGL
18. Dishonesty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $_______________
19. Builder's Risk/Installation Floater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provide coverage in the full amount of contract
20. XCU Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to CGL
X 21. Carrier Rating shall be Best's Rating of B++V or better or its equivalent
X 22. Notice of cancellation, non-renewal or material change in coverage shall be provided to City at least 30 days prior to
action. Worker's Compensation and/or non-payment of premium - notification may be 10 days prior to action.
X 23. The City of Johnson City shall be named as Additional Insured on all policies except Worker's Compensation and
Professional Liability. Per Acord 25 (2009/01), policies must be endorsed to incl. on-going & completed operations;
please submit copy of endorsement. (Cert. Holder: City of Johnson City, Attn: Purchasing, P.O. Box 2150, Johnson City,
TN 37605. Email: purchasing@johnsoncitytn.org.)
X 24. Certificate of Insurance shall show project number or other contract identifier used by the City.
25. OTHER INSURANCE REQUIRED: __________________________________________________________________
INSURANCE AGENT'S STATEMENT:
I have reviewed the above requirements with the bidder named below. The bidder has coverage with this agency for all of the
areas marked with the exception of the following numbers:
_____ _____ _____ _____ _____ _____ Comments: _______________________________________________
Is Professional Liability excluded under General Liability? Yes_____ No_____
Is Contractual Liability excluded under Comm. General Liability? Yes_____ No_____
Is Independent Contractors excluded under Comm. General Liability? Yes_____ No_____
Carrier ratings: Insurer A________; Insurer B________; Insurer C________; Insurer D________
AGENCY NAME: ________________________________ AUTHORIZED SIGNATURE: ______________________________
Date: ______________________________
CONTRACTOR'S STATEMENT:
I have reviewed the above requirements with my insurance agent(s) and, if awarded a contract, will provide all coverage marked.
CONTRACTOR'S NAME: ______________________________ AUTHORIZED SIGNATURE: ___________________________
Date: _____________________________ AUTHORIZED (Printed):
Bid Number: ________________
Bid or Project Name: _____________________________________________
This form and the General Contract Form must be signed and returned with the bid package (if
applicable). The Certificate of Insurance must be provided to Purchasing prior to contract award.

GENERAL CONTRACT FORM
The General Contract Form is included in every solicitation requiring insurance. The
general requirements of the contract form are supplemented by items checked on the
Insurance Checklist that identify specific requirements for the bid or project.
INSURANCE
Review this section carefully with your insurance agent or broker prior to submitting a bid or
proposal. See Insurance Checklist (part of the Bid Forms) for specific coverage applicable to
this contract. The term "Contract" as used in this section shall mean the Agreement covering
the work that is entered into between the City of Johnson City, Tennessee and the Contractor.
1. General Insurance Requirements:
1.1 The Contractor shall not start work under this contract until the Contractor has obtained
at its own expense all of the insurance called for hereunder and such insurance has been
approved by the City; nor shall the Contractor allow any subcontractor to start work on any
subcontract until all insurance required of the subcontractor has been so obtained and
approved by the Contractor. Approval of insurance required of the Contractor will be granted
only after submission to the Director of Purchasing of original, signed Certificate(s) of
Insurance, General Contract Form, and Insurance Checklist or, alternately, at the City's
request, certified copies of the required insurance policies.
1.2 No acceptance and/or approval of any insurance by the City shall be construed as
relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation
imposed upon either or both of them by the provisions of the Contract Documents.
1.3 The City of Johnson City (including its elected and appointed officials, agents, and
employees) is to be named as an additional insured under all coverage except
Worker's Compensation and Professional Liability and the Certificate of Insurance or
the certified policy, if requested, must so state. Coverage afforded under this paragraph
shall be primary as respects the City, its elected and appointed officials, agents and
employees. The following definition of the term "City" applies to all policies issued under the
contract:
"The City of Johnson City, Tennessee together with all of its various
departments, bureaus, and agencies, as well as any affiliated or subsidiary
board, committee, or authority, including but not limited to the City of Johnson
City, Dept. of Education (A.K.A "Johnson City Schools")."
1.4 The contractor shall provide insurance as specified in the Insurance Checklist contained
in this document. In the event that Contractor obtains insurance coverage that is broader
than the minimum required by this Agreement, this Agreement shall be deemed to require
the broader coverage, including but not limited to any greater limits and any excess or
umbrella coverages.
Insurance Guide
Revised 3/22/2023

1.5 The Contractor covenants to save, defend, hold harmless and indemnify the City of
Johnson City, Tennessee together with its various departments, elected or appointed officials,
employees, officers, counsel, agents, and any and all other persons or entities acting on
behalf of the same (collectively the City) from and against any and all claims of any sort based
upon any theory of liability whatsoever, for any and all harm, loss, damage, injury, cost
(including court cost and attorney fees) charges, or other liability of any nature whatsoever,
however caused, resulting from or arising out of or in any way connected with the contractors
performance or non-performance of the terms of the contract documents or its obligations
under the contract based upon any theory of liability whatsoever, including claims brought by
third persons, and further covenants to discharge all of the aforesaid persons and entities and
forever hold them harmless from the same. The foregoing obligation to indemnify and defend
shall continue in full force and effect after the aforesaid contractor completes all of the work
required under the contract, until such time as the applicable statutes of limitation or repose
have expired.
1.6 The Contractor shall be responsible for the work performed under the Contract
Documents and every part thereof, and for all materials, tools, equipment, appliances, and
property of any description used in connection with the work. The Contractor assumes all
risks for direct and indirect damage or injury to the property or persons used or employed on
or in connection with the work contracted for, and of all damage or injury to any person or
property wherever located, resulting from any action, omission, commission, or operation
under the Contract, or in connection in any way whatsoever with the contracted work, until
final acceptance of the work by the City.
1.7 Insurance coverage required in these specifications shall be in force throughout the
Contract Term. If the Contractor fails to provide acceptable evidence of current insurance
within ten days of written notice at any time during the Contract Term, the City shall have
absolute right to terminate the Contract without any further obligation to the Contractor and
the Contractor shall be liable to the City for the entire additional cost of procuring
performance by another vendor and the cost of performing the incomplete portion of the
Contract at time of termination. Contractor is required to provide the City with notice of
cancellation, non-renewal, or material change in coverage at least thirty (30) days prior to
cancellation, non-renewal, or material change in coverage."
1.8 Contractual and other liability insurance provided under this Contract shall not contain a
supervision, inspection or engineering services exclusion that would preclude the City from
supervising or inspecting the project as to the end result. The Contractor shall assume all
on-the-job responsibilities as to the control of persons directly employed by it and of the
subcontractors and any persons employed by the subcontractor.
1.9 Nothing contained in the specifications shall be construed as creating any contractual
relationship between any subcontractor and the City. The Contractor shall be as fully
responsible to the City for acts and omissions of the subcontractors and of persons employed
by them as it is for acts and omissions of persons directly employed by the Contractor.
1.10 Precaution shall be exercised by the Contractor at all times for the protection of persons
(including employees) and property. All existing structures, utilities, roads, services, trees
and shrubbery shall be protected against damage or interruption of service at all times by the
Contractor and its subcontractors during the term of the Contract, and the Contractor shall be
Insurance Guide
Revised 3/22/2023

held responsible for any damage to property occurring by reason of its operation on the
property.
1.11 If a Contractor cannot meet the insurance requirements contained in a bid, proposal, or
project description, alternate insurance coverage may be considered. Written requests for
consideration of alternate coverage must be received by the Director of Purchasing at least
ten working days prior to the date set for receipt of bids or proposals. If the City denies the
request for alternate coverage, the specified coverage will be required to be submitted. If the
City permits alternate coverage, an amendment to the Insurance Requirement will be
prepared and distributed prior to the time and date set for receipt of bids or proposals.
1.12 All required insurance coverage must be acquired from insurers authorized to do
business in the State of Tennessee, and acceptable to the City. The insurers must also have
policyholders' rating of "B++" or better, and a financial size of "Class V" or better in the latest
edition of Best's Insurance Reports, unless the City grants specific approval for an exception
in the same manner as described in 1.11 above.
1.13 The City may consider deductible amounts as part of its review of financial stability. The
Contractor shall assume all deductibles.
2. Contractor's Insurance - Occurrence Basis:
2.1 The Contractor shall purchase the following insurance coverage, including the terms,
provisions and limits shown in the Checklist:
Commercial General Liability - The Commercial General Liability policy shall include
any or all of the following as indicated on the Checklist:
i. General aggregate limit is to apply per project;
ii. Premises/Operations;
iii. Action of Independent Contractors;
iv. Completed Operation Liability Insurance shall be provided for a period of at
least two years after completion of the project;
v. Contractual Liability including protection for the Contractor from
claims arising out of liability assumed under this contract;
vi. Personal Injury Liability including coverage for offenses related
to employment;
vii. Explosion, Collapse, or Underground (XCU) hazards;
viii. Contractor's Pollution Liability.
Business Automobile Liability including coverage for any owned, hired, or non-owned
motor vehicles, Uninsured Motorists insurance, and Automobile Contractual Liability.
Insurance Guide
Revised 3/22/2023

Worker's Compensation - statutory benefits as required by the State of Tennessee, or
other laws as required by labor union agreements, including standard Other States
coverage; Employers' Liability coverage.
3. Commercial General or other Liability Insurance - Claims-made Basis:
If Commercial General or other liability insurance purchased by the Contractor has been
issued on a claims-made basis, the Contractor must comply with the following additional
conditions. The limits of liability and the extensions to be included as described in the
Checklist remain the same. The Contractor must either:
i. Agree to provide certificates of insurance evidencing the above coverage
for a period of three years for Professional Liability; two years for CGL and
other Liability, after final payment for the contract. Such certificates shall
evidence a retroactive date, no later than the beginning of the Contractors
or subcontractors' work under this contract, or
ii. Purchase an extended (minimum three years for Professional Liability; two
years for CGL and other Liability) reporting period endorsement for the
policy or policies in force during the term of this contract and evidence the
purchase of this extended reporting period endorsement by means of a
certificate of insurance or a copy of the endorsement itself.
4. Alternative Coverage (Self Insurance)
Notwithstanding any of the above, the Contractor may satisfy its obligations under this section
by means of self-insurance for all or any part of the insurance required, provided that the
alternative coverage is acceptable to the City.
5. Limits of Liability Coverage
Specific limits of liability coverage on the Insurance Checklist may be adjusted according to
project risk if the adjustment is deemed appropriate and the amended amount is approved by
the City Manager.
6. Verification of Compliance
I have read this General Contract Form and agree to all the terms and conditions contained
therein.
Contractor's Name: ____________________________________
EIN or SSN: ____________________________________
Authorized Representative (Printed):
Authorized Representative (Signature): __________________________________
Title: ____________________________________
Date: ____________________________________
This form and the Insurance Checklist must be completed and returned with Certificate of Insurance, as
specified, prior to contract award.
Insurance Guide
Revised 3/22/2023

CITY OF JOHNSON CITY, TENNESSEE
http://www.johnsoncitytn.org/purchasing
INVITATION TO QUOTE
GENERAL TERMS AND CONDITIONS
Read Carefully - if applicable or unless specifically noted otherwise in the solicitation documents
1. ACCEPTANCE, REJECTION AND POSTPONEMENT
Issuance of a request for quotation does not commit the City to make an award. The City reserves the right to postpone or reject any or all
submittals, to waive informalities and to accept the ITQ judged to be in the best interest of the City.
2. ADDENDA
Addendum's will be issued to all known interested parties and posted on the City's website (listed above). All addenda issued shall become part
of the ITQ documents. It is the vendor's responsibility to determine and acknowledge any or all addenda's issued for a solicitation. No
addendum will be issued less than two (2) working days prior to the deadline as per TCA 12-4-01 , as amended.
3. AWARD
An award, if made, shall be to the lowest responsible, responsive vendor(s) or best quotation meeting quality and performance standards as
described in the solicitation documents and whose ITQ is determined to be in the best interest of the City. The City also reserves the right to
award this product/service based on other contracts in-place (state or cooperative contracts), as may be in our best interest.
4. AWARD PERIOD
The City shall have 60 days to issue a contract. Any contract past that period must be mutually agreed upon by both parties.
5. ITQ TABULATIONS & AWARD RECOMMENDATIONS
ITQ tabulations will be posted and available no later than the next business day on our above website. Select "awarded/opened solicitations".
Award recommendations, when ready, will also be posted there.
6. BRAND NAMES
By referencing a brand name as "or approved equal", the City intends to establish a minimum level of quality by which alternate offers can be
judged. If an alternate is offered, the vendor must include complete descriptive literature and specifications that clearly describe the item and how
it differs from the referenced item.. Unless specified otherwise, it is understood that the referenced product will be furnished. The City alone will
determine whether an alternate is equivalent and meets the standards of quality and performance for the City's use. A sample or demonstration
may be required at the expense of the vendor.
7. CONDITION STANDARDS
It is understood and agreed that any item offered or shipped as a result of this solicitation shall be new and unused and the manufacturer's latest
model unless otherwise called for in the solicitation.
8. Cooperative Procurement by other governments "piggyback"
Other governmental entities in Tennessee may purchase goods and services under the same terms as Johnson City's contracts or agreements as
per T.C.A. 12-3-1203. Johnson City does not accept any responsibility or involvement in this use by other public agencies.
9. DEFAULT
In case of contractor default or failure to provide material or service according to the solicitations, the City may cancel this contract and acquire
from another source and may recover any excess cost by (1) invoice; (2) deduction from an unpaid balance due; or (3) a combination of the
aforementioned remedies or other remedies provided by law. All costs associated with default will be borne by the contractor. The City
reserves the right to remove a company in default from the active vendor list for a time period to be determined by the Director of Purchasing.
10. EQUAL OPPORTUNITY
It is the policy of the City of Johnson City to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 CFR, Part 21; related statutes and
regulations to that end that no person shall be excluded from participation in or be denied benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance or any other funding source on the grounds of race, color, sex, national origin, or
ancestry. By virtue of submitting a response to this solicitation, vendors agree to comply with the same non-discrimination policy.
11. EVALUATION
ITQ's will be evaluated according to the criteria set forth in the document with the degree of importance determined by the City.
12. EXAMINATION OF ITQ'S
ITQ's and associated documents may be examined after award.
13. INDEMNIFICATION
The vendor shall guarantee and certify by submitting a response to this solicitation that if successful, they shall indemnify and defend the City
against any and all claims or legal actions arising as a result of their performance of the contract, whether or not such claims relate to damages or
alleged damages sustained by physical injury to contractors personnel, subcontractors, city employees or other persons, or against any lawsuits
arising from alleged or actual patent infringements, and shall hold the City, its various departments, employees, and any and all persons or
entities acting on its behalf harmless from the same.
14. INSPECTION
All supplies or materials purchased as a result of this solicitation are subject to inspection and rejection by the City. Rejected materials will be
returned at the vendor's expense.
15. INSURANCE
The contractor shall maintain, at their expense, such insurance as required by the solicitation. Such insurance shall protect the City for claims of
damages which may arise during operations under this contract whether such operations be by the Contractor or by any subcontractor or anyone
directly or indirectly employed by either of them. Any required insurances shall be maintained for the term of the contract and beyond the term of
the contract when so required in the solicitation.
16. IRAN DIVESTMENT ACT
Pursuant to Tenn. Code Ann. 12-12-110 a person that is identified on a list created pursuant to 12-12-106, as a person engaging in
investment activities in Iran as described in 12-12-105 shall be ineligible to contract with any political subdivision of this State.
17. LICENSES, FEES, PERMITS
The contractor is responsible for furnishing the proper licenses, fees, and permits required by law to do business with the City of Johnson City in
completion of the project. All work shall be done in accordance with the latest building codes, state and federal laws relative to the contract.
18. MULTIPLE ITEM AWARD
The City will determine the successful vendor(s) either on the basis of the individual line items or the total of all items. ALL OR NONE submittals
must be clearly identified on the quote form and will be considered only if in the City's best interest.
19. NON-COLLUSION AGREEMENT
By submitting this solicitation, the agent representing all officers, partners, owners, representatives, employees or interested parties of the vendor's
firm certifies to the best of his/her knowledge and belief this quote to the City of Johnson City, Tennessee has not been prepared in collusion with
any other seller, proprietor, or manufacturer of similar products or services. "Collusive bidding" refers to agreements and/or communications by