F.O.B. DESTINATION (RESTRICTED STATEWIDE CONTRACT)

F.O.B. POINT FOR SHIPMENT TO

AGENCY NAME : DEPT OF TRANSPORTATION
ADDRESS : STATEWIDE

TERM OF CONTRACT

THE ANTICIPATED EFFECTIVE DATE AND EXPIRATION DATE OF THE CONTRACT ARE
SHOWN ON THE FRONT OF THIS SOLICITATION. IF AWARD HAS NOT BEEN MADE BY
THE ANTICIPATED EFFECTIVE DATE, THEN THE CONTRACT SHALL BECOME
EFFECTIVE UPON THE DATE THE BID IS ACCEPTED AND CONTRACT AWARDED BY
THE STATE, AS INDICATED BY THE PURCHASING AGENT'S SIGNATURE ON THE
CONTRACT NOTICE OF AWARD (NOTE: THE CHANGE OF EFFECTIVE DATE MAY NOT
RESULT IN A CHANGE OF THE ANTICIPATED EXPIRATION DATE.)

IT IS UNDERSTOOD AND AGREED THAT THE STATE RESERVES THE RIGHT TO
EXTEND THE TERM CONTRACT PERIOD RESULTING FROM THIS SOLICITATION AN
ADDITIONAL PERIOD OF TIME, NOT TO EXCEED 180 DAYS BEYOND THE NORMAL
EXPIRATION DATE OF SUCH CONTRACT, UPON MUTUAL WRITTEN AGREEMENT BY
BOTH PARTIES, UNDER THE SAME TERMS AND CONDITIONS.

VENDOR QUESTIONS

IN ORDER TO PROVIDE THE OPPORTUNITY FOR VENDORS TO SUBMIT QUESTIONS,
IF ANY, CONCERNING THE REFERENCED REQUISITION'S INVITATION TO BID AND
AMENDMENTS, THE PURCHASING DIVISION IS REQUESTING THAT QUESTIONS BE
SUBMITTED IN WRITING NO LATER THAN THE CLOSE OF BUSINESS FIVE
BUSINESS DAYS PRIOR TO BID OPENING DATE TO FRANK EDENS AT FAX
NUMBER 615-741-0684.

BASED ON THE EVALUATION OF ANY QUESTIONS RECEIVED, THE STATE MAY ISSUE
AN EXTENSION IN THE BID OPENING DATE, PROVIDE MODIFICATIONS TO THE
INVITATION TO BID AND, IF NECESSARY, PROVIDE WRITTEN RESPONSES TO
QUESTIONS AT THAT TIME. HOWEVER, AT THIS TIME THE STATE IS NOT
ANTICIPATING ANY FURTHER EXTENSION IN THE BID OPENING OR ANY
ADDITIONAL MODIFICATIONS IN THE REQUIREMENTS OR SPECIFICATIONS
INCLUDED IN THE INVITATION TO BID.

PRICE ADJUSTMENT FOR BITUMINOUS MATERIAL

THE "MONTHLY AVERAGE BITUMINOUS ADJUSTMENT FACTOR" SHALL BE APPLIED
TO THE CONTRACT UNIT PRICE PROVIDED THE INCREASE OR DECREASE DIFFERS
5% OR MORE FROM THE "BASIC BITUMINOUS MATERIAL INDEX" DATED 07/31/09
($399.09 PER TON); THE MATERIAL INDEX WAS TAKEN FROM TDOT'S
CONSTRUCTION INDEX.

ADJUSTMENT WILL BE BASED ON TDOT SPECIAL PROVISION 109B, "REGARDING
PRICE ADJUSTMENT FOR BITUMINOUS MATERIAL" AS PER THE TENNESSEE
DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND
BRIDGE CONSTRUCTION. ALSO NOTE THAT THIS IS DISTRUBUTED TO ALL TDOT
FIELD OFFICES AND CONTACTORS STATEWIDE. THIS IS THE INDEX USED FOR
ALL TDOT ASPHALT PROJECTS STATEWIDE.

THE ADJUSTMENT WILL BE BASED ON THE ASPHALT CONTENT AND WILL BE
CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA ONLY WHEN
THE PERCENT OF PRICE INDEXES IS FIVE (5) PERCENT OR GREATER/LESS.

PA = (IC - IB) X (T X AC%)

WHERE:
PA = PRICE ADJUSTMENT FOR ADJUSTMENT MONTH
IB = BASIC BITUMINOUS MATERIAL INDEX
IC = MONTHLY BITUMINOUS MATERIAL INDEX
T = TONS BITUMINOUS MATERIAL FOR ADJUSTMENT MONTH
AC% = ASPHALT CONTENT PERCENT USED

THE FOLLOWING IS AN EXAMPLE OF A PRICE ADJUSTMENT OF OVER 5%.

PA = PRICE ADJUSTMENT FOR ADJUSTMENT MONTH: $870.00
IB = BASIC BITUMINOUS MATERIAL INDEX: $150.00(DATE: 07/2008)
IC = MONTHLY AVG. BITUMINOUS MATERIAL INDEX: $180.00(DATE: 12/2008)
(MONTH ASPHALT WAS PICKED UP)
T = TONS BITUMINOUS MATERIAL FOR ADJUSTMENT MONTH: 500 TONS
AC% = ASPHALT CONTENT PERCENT USED: 5.8%
500 TONS @ 5.8% = 29 TONS ADJUSTMENT
$180.00 - $150.00 = $30.00 X 29 TONS = $$870.00(PRICE ADJUSTMENT)

THE CONTRACT HOLDER MUST SUBMIT ADJUSTMENT CALCULATION ON A SEPARATE
INVOICE AT THE SAME TIME THE ORIGINAL INVOICE IS SUBMITTED. FAILURE
TO SUBMIT BOTH INVOICES TOGETHER WILL RESULT IN FORFEITURE OF ANY
RECOMPENSE FOR THE BITUMINOUS MATERIAL INDEX AMOUNT GREATER THAN 5%.

THE MONTHLY BITUMINOUS PRICE INDEX CAN BE OBTAINED FROM THE REGIONAL
TDOT LOCATION CLOSEST TO VENDOR'S LOCATION.

AWARDED CONTRACTS WILL INCLUDE A LINE WHICH WILL ALLOW PAYMENT TO
VENDOR/CONTRACTOR BY USER AGENCIES FOR BITUMINOUS MATERIAL PRICE
ADJUSTMENT INCREASES.

MINIMUM ORDER (EXEMPTION)

LINES 00001-00004: MINIMUM ORDER SHALL BE 250 TONS PER PURCHASE ORDER

LINES 00005-00008: MINIMUM ORDER SHALL BE 50 TONS PER PURCHASE ORDER

LINES 00009-00012: MINIMUM ORDER SHALL BE 10 TONS PER PURCHASE ORDER

LINES 00013-00016: MINIMUM ORDER SHALL BE 1 FULL PALLET PER PURCHASE
ORDER.

LINES 00017-00020: MINIMUM ORDER SHALL BE 10 FULL PALLETS PER PURCHASE
ORDER. ORDERS WILL BE PLACED IN INCREMENTS OF 10
PALLETS (I.E. 10, 20, 30 ETC.)

ORDERS FOR LESS THAN THE SPECIFIED AMOUNTS LISTED ABOVE ARE EXEMPT
FROM THIS CONTRACT. USER AGENCIES WILL PURCHASE BY APPLICABLE
PURCHASING PROCEDURES.

DELIVERY TIME (ON-TIME)

THE CONTRACTOR SHALL BE REQUIRED TO MAINTAIN OR TO HAVE AVAILABLE FOR
HIS OWN USE PERSONNEL, EQUIPMENT, AND SUPPLIES SUFFICIENT TO PERFORM
"ON-TIME" AS SPECIFIED IN THIS INVITATION TO BID.

A. FREIGHT F.O.B. STATE (TDOT)
(WHEN DELIVERY IS PROVIDED BY VENDOR)

ALL QUOTATIONS SHALL BE F.O.B. DESTINATION. THE TERM F.O.B.
DESTINATION SHALL MEAN DELIVERED AND UNLOADED IN-HOUSE OR
ON-SITE SERVICE, WITH ALL CHARGES FOR TRANSPORTATION AND
UNLOADING PREPAID BY THE VENDOR/CONTRACTOR.
NOTE: REFERENCE LINES #00001 THROUGHT #00008 AND
LINES #00013 THROUGH #00020.

B. FREIGHT ORIGIN STATE (TDOT)
(WHEN DELIVERY IS NOT PROVIDED BY VENDOR)

THE HIGH PERFORMANCE COLD PATCH WILL BE PICKED UP AT THE VENDOR'S
PLANT LOCATION. REQUESTOR WILL BE RESPONSIBLE FOR SUPPLYING
EQUIPMENT AND LABOR TO LOAD AND HAUL REQUESTED HIGH PERFORMANCE
COLD PATCH TO THE DELIVERY POINT.

NOTE: REFERENCE LINES #00009 THROUGH #00012.

VENDOR REPORTING

CONTRACT VENDORS WILL BE REQUIRED TO SUBMIT REPORTS VALIDATING
CONTRACT PURCHASES, INCLUDING PURCHASES MADE BY LOCAL GOVERNMENTS, BY
PERIOD, LINE ITEM AND RECEIVING LOCATION. REPORTS WILL DETAIL AT A
MINIMUM, THE FOLLOWING INFORMATION:

1. CONTRACT NUMBER
2. CONTRACT LINE ITEM NUMBER
3. COMMODITY DESCRIPTION
4. LINE ITEM QUANTITY PURCHASED
5. LINE ITEM DOLLAR AMOUNT (VOLUME) PURCHASED

ADDITIONAL REPORT DETAILS MAY BE REQUIRED WITH A THIRTY (30) DAY
WRITTEN NOTICE. REPORTS ARE DUE AT THE PURCHASING DIVISION OFFICE IN
THE FIRST WEEK OF THE FOURTH (4TH) QUARTER OF THE CONTRACT TERM.
REPORTS MUST BE SUBMITTED ELECTRONICALLY OR BY DIGITAL APPLIANCE IN
MICROSOFT EXCEL FORMAT. SEMI-ANNUAL OR QUARTERLY REPORTS MAY BE
REQUESTED IN WRITING BY THE CONTRACT ADMINISTRATOR WITH A THIRTY (30)
DAY WRITTEN NOTICE TO THE VENDOR.

INSPECTION/FACILITIES

THE PURCHASING DIVISION MAY INSPECT THE FACILITIES OF ANY BIDDER OR
MAY REQUIRE ADDITIONAL INFORMATION REGARDING A BIDDER'S ABILITY TO
PERFORM THE PROPOSED CONTRACT. BIDS MAY BE REJECTED FOR LACK OF
APPARENT ABILITY TO PERFORM THE PROPOSED CONTRACT.

INSPECTION

ALL MATERIALS, EQUIPMENT, AND SUPPLIES ARE SUBJECT TO INSPECTION AND
TESTING. ITEMS THAT DO NOT MEET SPECIFICATIONS WILL BE REJECTED.
FAILURE TO REJECT UPON RECEIPT DOES NOT RELIEVE THE CONTRACTOR OF
LIABILITY. WHEN SUBSEQUENT TESTS AFTER RECEIPT ARE CONDUCTED AND
WHEN SUCH TESTS REVEAL DAMAGE OR FAILURE TO MEET SPECIFICATIONS, THE
STATE MAY SEEK DAMAGES REGARDLESS OF WHETHER A PART OR ALL OF THE
MERCHANDISE HAS BEEN CONSUMED.

PURCHASE ORDER RELEASES (AGENCY CONTRACT V)

ORDERS FOR SERVICES OR SUPPLIES THAT ARE INCLUDED ON THIS RESTRICTED
SWC SHALL BE PREPARED BY AGENCIES ON DEPARTMENTAL PURCHASE
ORDERS (FORM P4, CPO) AND MAY BE FORWARDED TO THE VENDOR/CONTRACTOR.
THESE PURCHASE ORDERS, WHEN RECEIVED BY THE VENDOR/CONTRACTOR, SERVE
AS AUTHORIZATION FOR SHIPMENT. ITEMS FROM DIFFERENT CONTRACTS MAY BE
COMBINED ON A SINGLE PURCHASE ORDER TO THE SAME VENDOR/CONTRACTOR TO
MEET MINIMUM ORDER REQUIREMENTS.

BILLING INSTRUCTIONS
INVOICES ARE TO BE BILLED TO THE ADDRESS SHOWN ON INDIVIDUAL PURCHASE
ORDER RELEASES.

PAYMENT
AFTER MERCHANDISE HAS BEEN RECEIVED OR SERVICE HAS BEEN PERFORMED AND
DOCUMENTATION, TO: STATE AGENCY BILLING ADDRESS

SUCH INVOICE SHALL CLEARLY AND ACCURATELY DETAIL THE FOLLOWING
REQUIRED INFORMATION.

INVOICE/REFERENCE NUMBER; (ASSIGNED BY THE CONTRACTOR)
INVOICE DATE;
CONTRACT AND/OR PURCHASE ORDER NUMBER; (ASSIGNED BY THE STATE)
ACCOUNT NAME; PROCURING STATE AGENCY AND DIVISION NAME
ACCOUNT/CUSTOMER NUMBER; (UNIQUELY ASSIGNED BY THE CONTRACTOR TO
THE ABOVE-REFERENCED ACCOUNT NAME;
CONTRACTOR NAME
CONTRACTOR FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL
SECURITY NUMBER; (AS REFERENCED IN CONTRACT)
CONTRACTOR CONTACT (NAME, PHONE, AND/OR FAX FOR THE INDIVIDUAL TO
CONTACT WITH BILLING QUESTIONS);
CONTRACTOR REMITTANCE ADDRESS;
DESCRIPTION OF DELIVERED ITEM OR SERVICE; AND
TOTAL AMOUNT DUE FOR DELIVERED ITEM OR SERVICE.

THE CONTRACTOR UNDERSTANDS AND AGREES THAT THE INVOICE SHALL;
INCLUDE ONLY CHARGES FOR SERVICE DESCRIBED IN CONTRACT OR PURCHASE
ORDER AND IN ACCORDANCE WITH PAYMENT TERMS AND CONDITIONS SET FORTH
IN CONTRACT OR PURCHASE ORDER;

NOT INCLUDE ANY FUTURE WORK BUT WILL ONLY BE SUBMITTED FOR
COMPLETED SERVICE; AND

NOT INCLUDE SALES TAX OR SHIPPING CHARGES (UNLESS OTHERWISE
STIPULATED IN THE CONTRACT OR PURCHASE ORDER).

THE CONTRACTOR AGREES THAT TIME FRAME FOR PAYMENT (AND ANY DISCOUNTS)
BEGINS WHEN THE STATE IS IN RECEIPT OF A CORRECT INVOICE MEETING THE
MINIMUM REQUIREMENTS ABOVE.

PAYMENT

IT SHALL BE THE RESPONSIBILITY OF THE "BILL TO" AGENCY TO MAKE
PAYMENT. ANY QUESTIONS CONCERNING PAYMENT SHOULD BE ADDRESSED TO THE
"BILL TO" AGENCY LISTED IN THE TOP, RIGHT SIDE OF THE PURCHASE ORDER,
NOT THE PURCHASING DIVISION.

CANCELLATION

TERMINATION FOR CONVENIENCE: THE STATE MAY TERMINATE THIS CONTRACT
WITHOUT CAUSE. SAID TERMINATION SHALL NOT BE DEEMED A BREACH OF
CONTRACT BY THE STATE. THE STATE SHALL GIVE THE VENDOR/CONTRACTOR AT
LEAST NINETY (90) DAYS WRITTEN NOTICE BEFORE THE EFFECTIVE CANCELATION
DATE.
THE VENDOR/CONTRACTOR SHALL BE ENTITLED TO RECEIVE COMPENSATION FOR
GOODS SHIPPED OR SERVICES SATISFACTORILY COMPLETED AS OF THE
CANCELATION DATE, BUT IN NO EVENT SHALL THE STATE BE LIABLE TO THE
VENDOR/CONTRACTOR FOR COMPENSATION FOR ANY GOODS OR SERVICES WHICH
HAVE NOT BEEN RENDERED.
UPON SUCH TERMINATION, THE VENDOR/CONTRACTOR SHALL HAVE NO RIGHT TO
ANY ACTUAL GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER
CLAIMS WHATSOEVER OF ANY DESCRIPTION OR AMOUNT.

TERMINATION FOR CAUSE: IF THE VENDOR/CONTRACTOR FAILS TO FULFILL ITS
OBLIGATIONS UNDER THIS CONTRACT IN A TIMELY OR PROPER MANNER, OR IF
THE VENDOR/CONTRACTOR VIOLATES ANY TERMS OF THIS CONTRACT, THE STATE
SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE THE CONTRACT UPON
WRITTEN NOTICE OF INTENT TO CANCEL. THE STATE SHALL HAVE THE RIGHT TO
WITHHOLD PAYMENT IN EXCESS OF FAIR COMPENSATION FOR COMPLETED
SERVICES. NOTWITHSTANDING THE ABOVE, THE CONTRACTOR SHALL NOT BE
RELIEVED OF LIABILITY TO THE STATE FOR DAMAGES SUSTAINED BY VIRTUE OF
ANY BREACH OF THIS CONTRACT BY THE CONTRACTOR.

AT THE END OF ANY FISCAL YEAR ANY CONTRACT MAY BE CANCELED BY THE
STATE WITHOUT NOTICE, IN THE EVENT THAT FUNDS TO SUPPORT THE CONTRACT
BECOME UNAVAILABLE.

THE VENDOR/CONTRACTOR WILL BE REQUIRED TO HONOR ALL PURCHASE ORDERS
THAT WERE PREPARED AND DATED PRIOR TO THE DATE OF THE TERMINATION, IF
RECEIVED BY THE VENDOR/CONTRACTOR WITHIN A PERIOD OF THIRTY (30) DAYS
FOLLOWING THE DATE OF TERMINATION.

COMPANY OWNERSHIP

BIDDERS MUST BE AMERICAN-OWNED IN CONFORMANCE WITH TCA TITLE 54-5-135,
CHAPTER 5 AS AMENDED BY SENATE BILL #842 WHICH STATES IN PART "NO
AGENCY OR ENTITY OR STATE, COUNTY, OR MUNICIPAL GOVERNMENT IN
TENNESSEE SHALL PURCHASE ANY MATERIALS USED FOR HIGHWAY OR ROADWAY
CONSTRUCTION, RESURFACING, OR MAINTENANCE FROM ANY FOREIGN GOVERNMENT,
REGARDLESS OF THE LOCATION OF SUCH COMPANY, OR ANY AGENCY OF SUCH
FOREIGN GOVERNMENT OR COMPANY".

SUBCONTRACTING: RESPONSIBILITIES AND LIABILITIES

THE CONTRACTOR SHALL NOT ENTER INTO ANY SUBCONTRACT FOR SERVICES
WITHOUT THE WRITTEN CONSENT OF THE DEPUTY COMMISSIONER, DEPARTMENT OF
GENERAL SERVICES, PURCHASING DIVISION. THE AWARDED CONTRACTOR IS
RESPONSIBLE FOR WORK, SERVICE, PERFORMANCE, CONTRACTUAL LIABILITY
WORKERS' COMPENSATION INJURIES OF EMPLOYEES AND SUBS (UNLESS
SUBCONTRACTOR ASSUMES RESPONSIBILITY AND FURNISHES AN ORIGINAL
CERTIFICATE OF INSURANCE AS PROOF OF INSURANCE FOR WORKERS'
COMPENSATION AND NAMING THE STATE OF TENNESSEE AS ADDITIONALLY INSURED
FOR GENERAL LIABILITY), AND PAYMENT TO THE SUBCONTRACTOR. ALL COSTS
INCURRED FOR SUBCONTRACTING MUST BE INCLUDED IN THE BID PRICE.

THE SUCCESSFUL BIDDER(S) WILL BE REQUIRED TO FURNISH A LABOR AND
MATERIAL SURETY BOND ISSUED BY A SURETY COMPANY LICENSED TO DO
BUSINESS IN THE STATE OF TENNESSEE IN THE AMOUNT OF TWENTY-FIVE (25) %
OF THE TOTAL CONTRACT AMOUNT. SUCH BOND SHALL BE FURNISHED TO THE
PURCHASING DIVISION WITHIN TEN (10) WORKING DAYS AFTER THE REQUEST.
THE SURETY BOND WILL INSURE THAT THE CONTRACTOR WILL PAY FOR ALL LABOR
AND MATERIALS USED BY THE CONTRACTOR, OR ANY IMMEDIATE OR REMOTE
SUBCONTRACTOR UNDER THE CONTRACTOR, IN SUCH CONTRACT, IN LAWFUL MONEY
OF THE UNITED STATES.


LIST BELOW THE NAME, COMPLETE ADDRESS AND PHONE NUMBER OF ALL
SUBCONTRACTOR(S):

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

SERVICE CONTRACTS: CONFLICT OF INTEREST

THE CONTRACTOR WARRANTS THAT NO PART OF THE TOTAL CONTRACT AMOUNT
SHALL BE PAID DIRECTLY OR INDIRECTLY TO AN EMPLOYEE OR OFFICIAL OF
THE STATE OF TENNESSEE AS WAGES, COMPENSATION, OR GIFTS IN EXCHANGE
FOR ACTING AS AN OFFICER, AGENT, EMPLOYEE, SUBCONTRACTOR, OR
CONSULTANT TO THE CONTRACTOR IN CONNECTION WITH ANY WORK CONTEMPLATED
OR PERFORMED RELATIVE TO THIS CONTRACT.

DAMAGES

IF STATE PROPERTY IS DAMAGED, STOLEN OR LOST AS A RESULT OF
CONTRACTOR'S OR CONTRACTOR'S EMPLOYEES' NEGLIGENCE AND THAT PROPERTY
HAS TO BE REPAIRED OR REPLACED BY THE STATE, THE EXPENSE FOR SUCH WORK
OR REPLACEMENT WILL BE DEDUCTED FROM THE MONIES DUE THE CONTRACTOR.
IN ADDITION TO THE FOREGOING, THE STATE RESERVES THE RIGHT TO PURSUE
CLAIMS FOR DAMAGES THROUGH ANY AND ALL LEGAL REMEDIES AVAILABLE TO THE
STATE.
PROHIBITION OF ILLEGAL IMMIGRANTS

THE REQUIREMENTS OF STATE OF TENNESSEE'S PUBLIC ACTS, 2006, CHAPTER
NUMBER 878 AND EXECUTIVE ORDER 41 ADDRESSING THE USE OF ILLEGAL
IMMIGRANTS IN THE PERFORMANCE OF ANY CONTRACT TO SUPPLY GOODS OR
SERVICES TO THE STATE OF TENNESSEE, SHALL BE A MATERIAL PROVISION OF
THIS CONTRACT, A BREACH OF WHICH SHALL BE GROUNDS FOR MONETARY AND
OTHER PENALTIES, UP TO AND INCLUDING TERMINATION OF THIS CONTRACT.


AS REQUIRED BY PUBLIC ACTS, 2006, CHAPTER NUMBER 878, NO PERSON MAY
ENTER INTO A CONTRACT TO SUPPLY GOODS OR SERVICES TO THE STATE WITH-
OUT FIRST ATTESTING IN WRITING THAT THE PERSON WILL NOT KNOWINGLY
UTILIZE THE SERVICES OF ILLEGAL IMMIGRANTS IN THE PERFORMANCE OF THIS
CONTRACT, AND WILL NOT KNOWINGLY UTILIZE THE SERVICES OF ANY
SUBCONTRACTOR WHO WILL UTILIZE THE SERVICES OF ILLEGAL IMMIGRANTS IN
THE PERFORMANCE OF THIS CONTRACT. FOR PURPOSES OF THIS CONTRACT,
"ILLEGAL IMMIGRANT" SHALL BE DEFINED AS ANY PERSON WHO IS NOT
EITHER A UNITED STATES CITIZEN, A LAWFUL PERMANENT RESIDENT, OR A
PERSON WHOSE PHYSICAL PRESENCE IN THE UNITED STATES IS
AUTHORIZED OR ALLOWED BY THE DEPARTMENT OF HOMELAND SECURITY AND WHO,
UNDER FEDERAL IMMIGRATION LAWS AND/OR REGULATIONS, IS AUTHORIZED TO
BE EMPLOYED IN THE U.S. OR IS OTHERWISE AUTHORIZED TO
PROVIDE SERVICES UNDER THE CONTRACT. THE CONTRACTOR HEREBY ATTESTS,
CERTIFIES, WARRANTS, AND ASSURES THAT IT SHALL COMPLY WITH THIS TERM
AND CONDITION FOR THE ENTIRE CONTRACT PERIOD.

THE CONTRACTOR UNDERSTANDS AND AGREES THAT FAILURE TO COMPLY WITH
THIS SECTION WILL BE SUBJECT TO THE SANCTIONS OF PUBLIC CHAPTER 878
OF 2006 FOR ACTS OR OMISSIONS OCCURRING AFTER ITS EFFECTIVE DATE. THIS
LAW REQUIRES THE COMMISSIONER OF FINANCE AND ADMINISTRATION TO
PROHIBIT A CONTRACTOR FROM CONTRACTING WITH, OR SUBMITTING AN OFFER,
PROPOSAL, OR BID TO CONTRACT WITH THE STATE OF TENNESSEE TO SUPPLY
GOODS OR SERVICES FOR A YEAR AFTER A CONTRACTOR IS DISCOVERED TO
HAVE KNOWINGLY USED THE SERVICES OF ILLEGAL IMMIGRANTS DURING THE
PERFORMANCE OF THIS CONTRACT. THE CONTRACTOR MAY APPEAL THE
IMPOSITION OF THE ONE-YEAR PROHIBITION BY UTILIZING AN APPEALS
PROCESS ESTABLISHED BY THE COMMISSIONER OF FINANCE AND ADMINISTRATION.

AS PER EXECUTIVE ORDER 41, THE CONTRACTOR SHALL BE REQUIRED TO SUBMIT
SEMI-ANNUAL ATTESTATION FORMS AND OBTAIN A SIGNED ATTESTATION FORM
FROM ANY SUBCONTRACTOR PRIOR TO THE USE OF THE SUBCONTRACTOR AND SEMI-
ANNUALLY THEREAFTER DURING THE CONTRACT PERIOD. THE RECORDS SHALL BE
SUBJECT TO REVIEW AND RANDOM INSPECTION AT ANY REASONABLE TIME UPON
REASONABLE NOTICE BY THE STATE. RECORDS SHALL INCLUDE BUT ARE NOT
LIMITED TO THE FOLLOWING:
1.) DOCUMENTATION ON CONTRACTORS' EMPLOYEES AND SUBCONTRACTOR
PERSONNEL WORKING ON THIS CONTRACT SHOWING THAT THEY ARE LEGAL
TO WORK IN THE UNITED STATES AND PAYROLL RECORDS.
2.) SIGNED AND DATED ATTESTATION FORMS FOR YOUR COMPANY THAT HAVE
BEEN SUBMITTED TO THE PURCHASING DIVISION AND ATTESTATION FORMS
OBTAINED FROM SUBCONTRACTOR(S).

NOTE: THE CONTRACTOR SHALL BE REQUIRED TO OBTAIN PRIOR APPROVAL TO
SUBCONTRACT FROM THE DEPUTY COMMISSIONER OF GENERAL SERVICES,
PURCHASING DIVISION.

BY AUTHORIZED SIGNATURE ON THIS INVITATION TO BID THE CONTRACTOR
CONSTITUTES SIGNING THE ATTESTATION FORM FOR THE INITIAL SIX (6)
MONTHS OF THE CONTRACT PERIOD. THE CONTRACTOR SHALL BE REQUIRED
TO SUBMIT SIGNED ATTESTATION FORMS ON A SEMI-ANNUAL BASIS FROM THE
START DATE OF THE CONTRACT PERIOD THROUGH TO ITS COMPLETION DATE TO
THE PURCHASING DIVISION. THE ATTESTATION FORM IS LOCATED ON THE
PURCHASING DIVISION WEBSITE: WWW.STATE.TN.US/GENERALSERV/PURCHASING
IN THE EVENT THAT THE CONTRACTOR FAILS TO SUBMIT THE ATTESTATION FORM,
FILLED OUT, DATED AND SIGNED, BY THE END OF ANY SIX MONTH CONTRACT
INTERVAL, THE CONTRACTOR SHALL BE NOTIFIED IN WRITING OF THE
REQUIREMENT TO SUBMIT THE ATTESTATION FORM WITHIN SEVEN (7) CALENDAR
DAYS; FAILURE TO SUBMIT THE ATTESTATION FORM WITHIN THE REQUIRED TIME
FRAME MAY RESULT IN THE CANCELLATION OF THE CONTRACT.

SPECICATION M-108.10

TENNESSEE DEPARTMENT OF TRANSPORTATION SPECIFICATION FOR HIGH
PERFORMANCE COLD PATCH MATERIAL

DESCRIPTION:

THIS SPECIFICATION SHALL GOVERN FOR AN ASPHALTIC CONCRETE MIXTURE FOR
THE REPAIR AND PATCHING OF SMALL PAVEMENT AREAS IN ASPHALTIC CONCRETE
AND PORTLAND CEMENT CONCRETE IN COOL TO COLD WEATHER APPLICATIONS.
THE PATCHING MATERIAL SHALL BE LISTED ON THE DEPARTMENT'S QUALIFIED
PRODUCTS LIST FOR, PATCHING MATERIALS, HIGH PERFORMANCE COLD PATCH.
ACCEPTANCE OF THE MATERIAL WILL BE BY MANUFACTURER'S CERTIFICATION
STATING THAT THE MATERIAL FURNISHED IS IDENTICAL TO THAT WHICH WAS
ORIGINALLY APPROVED AND SHOWN ON THE DEPARTMENT'S QUALIFIED PRODUCTS
LIST.


MIXTURE PROPERTIES

THE MIXTURE SHALL BE DESIGNED SO THAT IT WILL HAVE GOOD WORKABILITY
AND CAN BE PLACED AT TEMPERATURES OF 20 TO 140 DEGREES FAHRENHEIT
WITHOUT THE ADDITION OF HEAT. THE MIXTURE SHALL HAVE GOOD ADHESION TO
WET SURFACES AND BE RESISTANT TO DAMAGE BY WATER, SALT AND DE-ICING
PRODUCTS. IT SHALL CONSIST PRIMARILY OF CRUSHED STONE, CUTBACK ASPHALT
AND ADDITIVES. THE MIXTURE MUST BE UNIFORM AND NOT REQUIRE ANY MIXING
PRIOR TO USE. IT SHALL BE CAPABLE OF BEING REMOVED FROM THE CONTAINER
WITHOUT SIGNIFICANT ADHERENCE TO THE CONTAINER.


APPLICATION OF THE MIX MUST BE ABLE TO BE ACCOMPLISHED BY HAND LABOR.
TRAFFIC MUST BE ABLE TO TRAVEL OVER THE MIX WITH LITTLE TO NO COMPAC-
TION IMMEDIATELY AFTER INSTALLATION WITHOUT PICK-UP OF THE MIX BY
VEHICLE TIRES. THE MIXTURE SHALL CURE AND HARDEN WITH CONTINUED
VEHICLE USE.

TEST PROCEDURES

A COMPLETED PRODUCT EVALUATION FORM, MSDS SHEETS, IF APPLICABLE,
PRODUCT DATA INFORMATION AND A SAMPLE OF THE PRODUCT BEING TESTED MUST
BE SUBMITTED TO THE DIVISION OF MATERIALS AND TESTS.

FOLLOWING RECEIPT OF THE SUBMITTED INFORMATION, THE MANUFACTURER SHALL
BE REQUIRED TO INSTALL HIS PRODUCT(S) ON BOTH ASPHALT AND CONCRETE
SURFACES AS DIRECTED BY THE DIVISION OF MATERIALS AND TESTS. THE COLD
PATCH MATERIAL SHALL BE INSTALLED IN EITHER NOVEMBER OR DECEMBER AND
THE EVALUATION WILL CONTINUE THROUGH THE END OF MAY OF THE FOLLOWING
YEAR. AT THE COMPLETION OF THE EVALUATION PERIOD, IF THE TEST PATCH
AREAS IN BOTH THE CONCRETE AND ASPHALT SURFACES HAVE REMAINED INTACT
AND PERFORMED STATISFACTORILY, THE MATERIAL WILL BE ADDED TO THE
QUALIFIED PRODUCTS LIST.


INFORMATION REGARDING THE QPL MAY BE OBTAINED FROM THE DEPARTMENT'S
WEB SITE AT HTTP://WWW.TDOT.STATE.TN.US/MATERIALS/RESEVAL/QUALPROD.HTM
OR BY CONTACTING:
THE DIVISION OF MATERIALS AND TESTS
6601 CENTENNIAL BOULEVARD
NASHVILLE, TN 37243-0360
615-350-4101

CONTACTS: STEVE HALL OR GARY HEAD

EACH BIDDER SHALL SUBMIT WITH THEIR BID, CERTIFICATION THAT THE
MATERIAL THEY BID IS OF THE SAME FORMULATION AS THAT FURNISHED FOR
APPROVAL TO BE PLACED ON THE QUALIFIED PRODUCTS LIST. ANY CHANGE
IN FORMULATION WILL REQUIRE THAT A SAMPLE BE SUBMITTED FOR
RE-EVALUATION.

QUALIFIED PRODUCTS LIST 13-A1
(BULK)

PERFORMAC HP-2 E-Z STREET COLD ASPHALT
PERFORMAC HP-4 QPR-2000
OPTIMIX COLD PATCH U.P.M. HIGH PERFORMANCE COLD MIX
BOND-X HIGH PERFORMANCE COLD MIX WESCOL SUPREME LIQUID ASPHALT
MAC PATCH CM-300 ENVIROPATCH
SYLCRETE EV COLD MIX PROLINE COLD PATCH
PATCH MAGIC MATREX PERMANENT COLD PATCH
ERGON RM-90 BIG RED'S COLD PATCH


NOTE: BRAND/MODEL BID MUST BE ON THE QPL AS OF THE BID OPENING DATE
TO QUALIFY FOR AWARD.

QUALIFIED PRODUCTS LIST 13-A1
(CONTAINERIZED)

READY ROAD REPAIR E-Z STREET COLD ASPHALT
INSTANT ROAD REPAIR QPR-2000
BOND-X HIGH PERFORMANCE COLD MIX U.P.M. HIGH PERFORMANCE COLD MIX
PERMA-PATCH ENVIROPATCH
PROLINE COLD PATCH REPHALT
MATREX PERMANENT COLD PATCH QUIKRETE COMMERCIAL GRADE

NOTE: BRAND/MODEL BID MUST BE ON THE QPL AS OF THE BID OPENING DATE
TO QUALIFY FOR AWARD.

SPECIAL INSTRUCTIONS:

LINES 00001-00004:
EACH REGION MAY PLACE ONE (1) ORDER FOR A MINIMUM OF 250 TONS PER
YEAR FOR DELIVERY TO THE REGIONAL LOCATION AND THE RESPECTIVE
DISTRICTS. THERE WILL BE MULTIPLE DELIVERY POINTS IN AMOUNTS AS
DETERMINED BY THE REGIONAL OFFICE. DELIVERIES SHALL BE MADE WITHIN
APPROXIMATELY 14 DAYS OF RECEIPT OF PURCHASE ORDER. THE VENDOR MAY
MAKE MULTIPLE DELIVERIES TO COMPLETE ORDERS, HOWEVER, THE ORDER
SHALL BE COMPLETED WITHIN FOURTEEN DAYS AFTER RECEIVING ORDER.

EXAMPLE: 50 TONS DELIVERED TO REGIONAL LOCATION AND 40 TONS
DELIVERED TO THE 5 DISTRICT OFFICES WITHIN THE REGION.

EACH REGION ESTIMATES PLACING ORDER IN NOVEMBER OR EARLY DECEMBER.

LINES 00005-00008:
EACH DISTRICT WILL PLACE ORDERS WITH A 50-TON MINIMUM ON AN AS-NEEDED
BASIS. DELIVERY SHALL BE MADE WITHIN APPROXIMATELY 7 DAYS OF RECEIPT
OF PURCHASE ORDER.

LINES 00009-00012:
REGIONS WILL PLACE ORDERS AT LEAST 24 HOURS PRIOR TO PICKING UP AT
VENDORS PLANT LOCATION. THE REGIONS WILL REQUEST A MINIMUM OF 10 TON
PER PURCHASE ORDER ON AN AS NEEDED BASIS.

LINES 00013-00016:
REGIONS WILL PLACE ORDERS FOR 1 TO 9 PALLETS ON AN AS NEEDED BASIS.
DELIVERY SHALL BE MADE WITHIN APPROXIMATELY 7 DAYS OF RECEIPT OF
PURCHASE ORDER.

LINES 00017-00020:
REGIONS WILL PLACE ORDERS FOR A MINIMUM OF 10 PALLETS PER PURCHASE
ORDER AND IN INCREMENTS OF 10 PALLETS (I.E. 10, 20, 30, ETC.) ON
AN AS NEEDED BASIS. DELIVERY SHALL BE MADE WITHIN APPROXIMATELY 7
DAYS OF RECEIPT OF PURCHASE ORDER.

LINES 00001-00020:
MATERIAL MUST BE AVAILABLE YEAR ROUND.

M-100.02
PREPARATION OF INVOICES FOR PAYMENT

SUBMIT AN ORIGINAL INVOICE AND FOUR COPIES OR A CERTIFIED COPY AND
FOUR COPIES. IF A CERTIFIED COPY MUST BE USED INSTEAD OF AN ORIGINAL
INVOICE THE CERTIFIED COPY SHALL READ, "THIS DOCUMENT IS TO BE
ACCEPTED AS OUR ORIGINAL INVOICE," AND APPROVED WITH A PROPER
SIGNATURE OF THE FIRM.

THE INVOICE SUBMITTED TO THE DEPARTMENT FOR PAYMENT SHALL BE ITEMIZED
SHOWING EACH DELIVERY TICKET NUMBER, DATE, AND QUANTITY AND SHALL BE
ACCOMPANIED BY A COPY OF EACH DELIVERY TICKET. IF THE INVOICE FORM
DOES NOT HAVE SUFFICIENT SPACE, A DETAILED LISTING ITEMIZING THE ABOVE
INFORMATION SHALL BE ATTACHED AND FORWARDED WITH THE INVOICE AND A
COPY OF EACH DELIVERY TICKET. INVOICES SUBMITTED IN ANY FORM OTHER
THAN OUTLINED ABOVE WILL NOT BE CONSIDERED FOR PAYMENT.

WHEN A CERTIFIED TEST REPORT IS REQUIRED BY THE SPECIFICATIONS, A COPY
OF THE TEST REPORT SHALL ACCOMPANY THE INVOICE SUBMITTED TO THE
DEPARTMENT FOR PAYMENT.

TDOT REGIONAL LOCATIONS:

THE FOLLOWING IS A LIST OF TENNESSEE DEPARTMENT OF TRANSPORTATION
REGIONAL LOCATIONS, DISTRICT NUMBERS AND POINTS OF CONTACT:

DEPT OF TRANPORTATION - REGION 1 DISTRICTS 11-16
7345 REGION LANE
KNOXVILLE, TN 37914
ATTN: BUD SLATON 865-594-2458

DEPT OF TRANSPORTATION - REGION II DISTRICTS 21-25
4005 CROMWELL ROAD
CHATTANOOGA, TN 37421
ATTN: RAY RUCKER 423-510-1132

DEPT OF TRANSPORTATION - REGION III DISTRICTS 31-36
6601 CENTENNIAL BLVD.
NASHVILLE, TN 37243-0360
ATTN: MIKE BROWN 615-350-4342

DEPT OF TRANSPORTATION - REGION IV DISTRICTS 41-45
300 BENCHMARK PLACE
JACKSON, TN 38302-0429
ATTN: BILL HAZELRIG 731-935-0175

THE FOLLOWING ARE TDOT'S DISTRICT ADDRESSES:

DIST. 11 DIST. 31
3213 N. ROAN ST 6601 CENTENNIAL BLVD
BOX 3518 CRS NASHVILLE, TN 37243
JOHNSON CITY, TN 37602

DIST. 12 DIST. 32
1825 STATE ST 1215A HARTSVILLE PIKE
MORRISTOWN, TN 37814 GALLATIN, TN 37066

DIST. 13 DIST. 33
BOX 28 1918 WILMA RUDOLPH BLVD
1050 COSBY HWY CLARKSVILLE, TN 37040
NEWPORT, TN 37821

DIST. 14 DIST. 34
1600 APPALACHIAN HWY 2099 FAYETTEVILLE HWY
LAFOLLETTE, TN 37766 BELFAST, TN 37019

DIST. 15 DIST. 35
BOX 58 RT. 3, BOX 306B
1045 MAINTENANCE LANE 10241 HIGHWAY 70 EAST
KNOXVILLE, TN 37901 MCEWEN, TN 37101

DIST. 16 DIST. 36
1951 S. ROAN ST 1213 N. LOCUST
HARRIMAN, TN 37748 LAWRENCEBURG, TN 38464

DIST. 21 DIST. 41
P.O. BOX 22368 P.O. BOX 637
4005 CROMWELL RD. 15600 N. HIGHLAND DR.
CHATTANOOGA, TN 37422 MCKENZIE, TN 38201

DIST. 22 DIST. 42
P.O. BOX 355 BOX 179
17181 RANKIN AVE. ST. RT. 211 N
DUNLAP, TN 37327 NEWBERN, TN 38059

DIST. 23 DIST. 43
P.O. BOX 1069 BOX 98
HWY 127S HWY 45 S.
CROSSVILLE, TN 38557 BETHEL SPRINGS, TN 38315

DIST. 24 DIST. 44
P.O. BOX 2929 BOX 429
FERRELL DR. 601 BENCHMARK PLACE
COOKEVILLE, TN 38502 JACKSON, TN 38301

DIST. 25 DIST. 45
P.O. BOX 98 BOX 126
HWY 55 12077 HWY 70
TULLAHOMA, TN 37388 ARLINGTON, TN 38002