F.O.B. DESTINATION (STATEWIDE CONTRACT)

F.O.B. DESTINATION FOR SHIPMENT TO:

ALL STATE AGENCIES, LOCAL GOVERNMENT AGENCIES AND AUTHORIZED
NON-PROFIT ENTERPRISES LOCATED WITHIN THE STATE OF TENNESSEE.

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.)

RENEWAL OPTIONS: THIS CONTRACT MAY BE RENEWED UPON SATISFACTORY
COMPLETION OF THE INITIAL CONTRACT TERM. THE STATE RESERVES THE RIGHT
TO EXECUTE UP TO 2 OPTIONS TO RENEW THIS CONTRACT ANNUALLY UNDER THE
SAME TERMS AND CONDITIONS FOR A PERIOD NOT TO EXCEED 12 MONTHS EACH BY
THE STATE. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE STATE'S
COMMITMENT IS LIMITED TO A BASE TERM CONTRACT, NOT TO EXCEED TWELVE
(12) MONTHS, WHICH IS SUBJECT TO RENEWAL ANNUALLY AT THE STATE'S SOLE
OPTION.

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. PROVIDED, HOWEVER,
IN NO EVENT SHALL THE MAXIMUM TERM OF A CONTRACT EXCEED A TOTAL OF
SIXTY (60) MONTHS.
VOLUME, MULTI-YEAR

THE TOTAL PURCHASES OF ANY INDIVIDUAL ITEM ON THE CONTRACT ARE NOT
KNOWN. THE PURCHASING DIVISION HAS ATTEMPTED TO GIVE AN ACCURATE
ESTIMATE OF PROBABLE PURCHASES OF EACH ITEM FROM THE CURRENT CONTRACT
PERIOD AND PROJECTED ESTIMATES FOR THE NEW CONTRACT PERIOD. THE
PURCHASING DIVISION DOES NOT GUARANTEE THAT THE STATE WILL BUY ANY OR
ALL ESTIMATED AMOUNTS OF ANY SPECIFIED ITEM OR ANY TOTAL AMOUNT.

1ST 12 MONTHS $ 695,000.00
2ND 12 MONTHS $ 695,000.00
3RD 12 MONTHS $ 695,000.00

CURRENT CONTRACT PERIOD FY $471,437.62

CONTRACTOR WILL ONLY BE PAID FOR SERVICES RENDERED HEREUNDER PURSUANT
TO PURCHASE ORDER RELEASES ISSUED TO CONTRACTOR FROM THE STATE.
CONTRACTOR IS NOT ENTITLED TO BE PAID THE MAXIMUM LIABILITY FOR ANY
ONE YEAR UNDER THE CONTRACT OR ANY EXTENSIONS OF THE CONTRACT FOR WORK
NOT REQUESTED BY THE STATE. MAXIMUM LIABILITY REPRESENTS AVAILABLE
FUNDS FOR PAYMENT TO CONTRACTOR AND DOES NOT GUARANTEE PAYMENT OF ANY
SUCH FUNDS TO THE CONTRACTOR PER YEAR UNDER THIS CONTRACT UNLESS THE
STATE REQUESTS WORK AND CONTRACTOR PERFORMS SAID WORK. THE STATE IS
UNDER NO OBLIGATION TO REQUEST WORK FROM CONTRACTOR IN ANY SPECIFIC
DOLLAR AMOUNTS PER YEAR UNDER THIS CONTRACT AND THE STATE MAY NOT
REQUEST ANY WORK AT ALL FROM CONTRACTOR DURING ONE YEAR PERIOD.
DELIVERY TIME (DAYS)

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY 14 CALENDAR
DAYS AFTER RECEIPT OF A PURCHASE ORDER.

FREIGHT F.O.B. STATE AGENCY (IN-HOUSE)

ALL QUOTATIONS SHALL BE F.O.B. DESTINATION AS DESIGNATED PER LINES OF
INVITATION TO BID PRICE SHEETS. 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.

FIRM BID PRICE PERIOD (PRICE INCREASE ALLOWED AFTER TIME FRAME)

PRICES QUOTED SHALL BE FIRM FOR 365 DAYS FOLLOWING THE DATE OF THE
AWARD, EXCEPT THE STATE SHALL BE ADVISED OF, AND RECEIVE THE BENEFIT
OF, ANY PRICE DECREASE IN EXCESS OF FIVE (5) PERCENT AUTOMATICALLY.
THE VENDOR/CONTRACTOR MUST PROVIDE WRITTEN PRICE REDUCTION INFORMATION
WITHIN TEN (10) DAYS OF ITS EFFECTIVE DATE.

REQUESTS FOR PRICE CHANGES BASED ON VENDOR/CONTRACTOR'S COST:

WRITTEN REQUESTS FOR PRICE CHANGES IN TERM CONTRACTS BASED ON VENDOR/
CONTRACTOR'S ACTUAL COST FOR OTHER THAN AN IMPOSED CHARGE BY FEDERAL,
STATE, COUNTY, OR CITY GOVERNMENT ENTITY AFTER THE FIRM PRICE PERIOD
SHALL BE SUBMITTED IN WRITING TO THE DEPARTMENT OF GENERAL SERVICES,
PURCHASING DIVISION. ANY INCREASE SHALL BE BASED ON THE CONTRACT
HOLDER'S ACTUAL COST INCREASE AND MAY NOT CONSTITUTE ADDITIONAL
PROFIT, AS SHOWN IN WRITTEN DOCUMENTATION SUCH AS INVOICES CLEARLY
DEMONSTRATING AN INCREASE IN COST COMPONENTS UPON WHICH ORIGINAL BID
OR LAST PRICE INCREASE WAS BASED, I.E. INVOICES FOR THE COST OF
MATERIALS, LABOR, DELIVERY, ETC., OR LABOR UNION AGREEMENTS FROM THE
START OF THE CONTRACT OR FIRM BID PRICE PERIOD AND CURRENT DATE AND/OR
A SIGNED LETTER FROM THE CONTRACT HOLDER'S SUPPLIER STATING THAT IT
HAS OR WILL BE IMPOSING A SPECIFIED DOLLAR AMOUNT OR A PERCENTAGE
INCREASE FOR ALL OF ITS CUSTOMERS. IF DOCUMENTATION IS FROM VENDOR/
CONTRACTOR'S SUPPLIER, VENDOR/CONTRACTOR MUST SHOW PROOF THAT IT HAS
TRIED TO OBTAIN THE GOODS FROM OTHER SUPPLIERS AND WAS UNABLE TO GET
IT AT ANY LOWER PRICE. ALL REQUESTS FOR PRICE INCREASES MUST BE
SUBMITTED IN WRITING.

IN ORDER FOR THE PURCHASING DIVISION TO APPROVE THE CONTRACT HOLDER'S
REQUEST FOR A PRICE INCREASE, ITS NEW BID PRICE(S) MUST STILL BE THE
LOW BID MEETING SPECIFICATIONS; THIS WILL BE DETERMINED BY USING THE
ORIGINAL EVALUATION MODEL WITH THE PRICES FROM THE NEW LIST PRICE.
IF THE CONTRACT HOLDER'S NEW BID PRICE IS HIGHER THAN THE NEXT LOW
BIDDER, PURCHASING DIVISION WILL EVALUATE THE NEXT LOW BID TO
DETERMINE IF IT MEETS SPECIFICATIONS AND IF SO, WILL ASK IF THE NEXT
LOW BIDDER IS WILLING TO HONOR ITS BID PRICES FOR POSSIBLE RE-AWARD.

IF THE NEXT LOW BIDDER AGREES TO HONOR ITS BID PRICE AND WILL HOLD IT
FOR THE FIRM BID PRICE PERIOD FOLLOWING AWARD, PURCHASING DIVISION
WILL APPRISE THE CONTRACT HOLDER OF THE SITUATION AND ASK IF IT WANTS
TO CONTINUE WITH ITS PRICE INCREASE REQUEST OR WITHDRAW ITS PRICE
INCREASE REQUEST. IF THE CONTRACT HOLDER STATES THAT IT WANTS TO
CONTINUE WITH ITS REQUEST FOR A PRICE INCREASE, PURCHASING DIVISION
WILL RECOMMEND CANCELLATION OF THE CONTRACT AND RE-AWARD TO THE NEXT
LOW BIDDER.

AT THE OPTION OF THE STATE, (1) REQUEST MAY BE GRANTED, (2) THE
CONTRACT MAY BE CANCELED AND AWARDED TO THE NEXT LOW BIDDER, (3)
THE CONTRACT MAY BE CANCELED AND THE COMMODITY/SERVICE BE READVERTISED
FOR AWARD, OR (4) CONTINUE THE CONTRACT WITHOUT CHANGE.
THE PURCHASING DIVISION WILL ACCEPT OR REJECT ALL SUCH WRITTEN
REQUESTS WITHIN FORTY-FIVE (45) WORKING DAYS OF THE DATE OF RECEIPT
OF COMPLETE AND VERIFIED DOCUMENTATION.

APPROVAL OF PRICE INCREASES

IF APPROVED, THE PURCHASING DIVISION WILL MODIFY THE CONTRACT TO
REFLECT THE APPROVED PRICE INCREASE, PRINT AND MAIL THE REVISED
CONTRACT. THE CONTRACT HOLDER SHALL HONOR ALL PURCHASE ORDERS
DATED PRIOR TO THE APPROVED PRICE INCREASE ACCEPTANCE DATE AT THE
ORIGINAL CONTRACT PRICE. APPROVAL OF ANY PRICE INCREASE RENEWS THE
FIRM PRICE PERIOD.

PRICE INCREASE REJECTION

WHEN THE STATE REJECTS A REQUEST FOR A PRICE INCREASE, THE CONTRACT
HOLDER WILL BE NOTIFIED IN WRITING OF THE STATE'S INTENTION PRIOR TO
THE FIRST OF THE FOLLOWING MONTH. IF THE CONTRACT IS TO BE CANCELED,
THE CONTRACT HOLDER WILL BE REQUIRED TO HONOR ALL PURCHASE ORDERS
THAT WERE PREPARED AND DATED PRIOR TO THE DATE OF THE TERMINATION,
IF RECEIVED BY THE CONTRACT HOLDER WITHIN A PERIOD OF THIRTY (30)
DAYS FOLLOWING THE DATE OF TERMINATION.
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 A
MINIMUM THE FOLLOWING INFORMATION:

1. CONTRACT NUMBER
2. CONTRACT LINE ITEM NUMBERT
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

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.

SINGLE AWARD PREFERRED

THE STATE PREFERS TO AWARD A SINGLE CONTRACT FOR ALL ITEMS LISTED TO
THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER WHOSE BID MEETS THE
REQUIREMENTS AND CRITERIA SET FORTH IN THE INVITATION TO BID.
HOWEVER, SEPARATE AWARDS MAY BE MADE BY:

GROUP *

GROUP: LINES 00002--00007 (R1) LINES 00008--00013 (R1)
LINES 00015--00020 (R2) LINES 00022--00027 (R3)
LINES 00028--00033 (R3) LINES 00035--00040 (R4)
LINES 00041--00046 (R4) LINES 00047--00051 (R1)
LINES 00052--00056 (R2) LINES 00057--00061 (R3)
LINES 00062--00066 (R4)

*BIDDER MUST BID ALL ITEMS IN A GROUP TO BE CONSIDERED FOR AN AWARD
FOR THAT GROUP UNLESS OTHERWISE ADDRESSED IN THE SPECIFICATIONS.

**INDIVIDUAL LINES:
LINE 00001 (R1) LINE 00014 (R2) LINE 00021 (R3) LINE 00034 (R4)

**EACH OF THE ABOVE INDIVIDUAL LINES ARE STAND ALONE ITEMS AND
MAY BE BID AND AWARDED INDEPENDENT OF OTHER LINES.

PURCHASE ORDER RELEASE (SWC)

ORDERS FOR SERVICES OR SUPPLIES THAT ARE INCLUDED ON STATEWIDE
CONTRACTS SHALL BE PREPARED BY AGENCIES ON DEPARTMENTAL PURCHASE
ORDERS AND FORWARDED DIRECTLY 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. LOCAL GOVERNMENT AGENCIES OR AUTHORIZED
CORPORATIONS, WHERE APPLICABLE, WILL ISSUE THEIR PURCHASE ORDER
RELEASES DIRECTLY TO THE VENDOR/CONTRACTOR(S).

BILLING INSTRUCTIONS
THE CONTRACTOR SHALL INVOICE THE STATE ONLY AFTER COMPLETION OF THE
WORK DESCRIBED IN THE PURCHASE ORDER/CONTRACT, AND AS REQUIRED BELOW
PRIOR TO ANY PAYMENT.

THE CONTRACTOR SHALL SUBMIT AN INVOICE, WITH ALL NECESSARY SUPPORTING
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 TIMEFRAME 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.

PURCHASES BY LOCAL GOVERNMENT AND AUTHORIZED NON-PROFIT AGENCIES

THE PURPOSE OF THIS INVITATION TO BID IS TO ESTABLISH A SOURCE OR
SOURCES OF SUPPLY FOR ALL STATE AGENCIES, LOCAL GOVERNMENTAL AGENCIES
WITHIN THE GEOGRAPHIC LIMITS OF THE STATE OF TENNESSEE, AND ANY
CORPORATION WHICH IS EXEMPTED FROM TAXATION UNDER 26 U.S.C. SECTION
501 (C) (3) AS AMENDED AND WHICH CONTRACTS WITH THE DEPARTMENT OF
MENTAL HEALTH AND MENTAL RETARDATION TO PROVIDE SERVICES TO THE
PUBLIC (TCA 33-2-401). PURCHASES BY LOCAL GOVERNMENTAL AGENCIES AND
AUTHORIZED CORPORATIONS ARE OPTIONAL WITH THOSE AGENCIES AND
CORPORATIONS AND OFFERS TO SELL TO LOCAL GOVERNMENTAL AGENCIES ARE
OPTIONAL WITH THE BIDDER.
INDICATE IF YOUR OFFER IS ALSO EXTENDED TO LOCAL GOVERNMENTAL AGENCIES
IN THE SPACE PROVIDED BELOW. INITIAL IF YES.

_____________ BID OFFERS ARE EXTENDED TO LOCAL GOVERNMENTAL AGENCIES.

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.
CLEAN-UP

CLEAN UP SHALL BE THE RESPONSIBILITY OF CONTRACTOR. CONTRACTOR TO
ASSURE THAT JOB SITE IS CLEAN OF NAILS, DEBRIS, ETC. AT END OF EACH
DAY TO ENSURE SAFETY. CONTRACTOR WILL CLEAN UP AND HAUL AWAY ALL
SCRAP WHEN WORK IS COMPLETED.

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.
SPECIFICATIONS

COVERAGE AREA:

THE CONTRACTOR SHALL BE REQUIRED TO WORK REGIONWIDE AS REQUESTED BY
THE STATE ENGINEER.

DESCRIPTION OF MECHANICAL, SHREDDING/CHIPPING WORK:

THIS WORK SHALL CONSIST OF THE CONTINUOUS SHREDDING AND
TRIMMING THE SIDE AND TOP OF BRUSH AND TREES ENCROACHING ALONG THE
SIDE OF ROADWAYS AND SHOULDERS. TRIMMING OF VEGETATION SHALL BE FROM
GROUND LEVEL UP TO THIRTY FEET AND THE WIDTH SHALL BE AS DETERMINED
BY THE STATE ENGINEER.

ALL DEBRIS SHALL BE PLACED THROUGH THE CHIPPER AND CHIPS BLOWN BACK
ON THE RIGHT OF WAY PROVIDING A THIN COVERING. VENDOR SHALL NOT LEAVE
LARGE PIECES OF DEBRIS THAT WOULD INTERFERE WITH MOWING.

DESCRIPTION OF BLUFF AREA WORK:

THIS WORK SHALL CONSIST OF THE TRIMMING, BY HAND, BRUSH AND TREES
ENCROACHING ALONG THE SIDE OF ROCK BLUFFS ALONG THE ROADWAY AND
PLACING THE DEBRIS THROUGH BRUSH CHIPPER. CHIPS ARE TO BE BLOWN BACK
ON THE RIGHT OF WAY.

ALL STUMPS ARE TO BE LEFT FLUSH WITH GROUND LEVEL. ALL DEBRIS
SHALL BE APPROXIMATELY 2" IN DIAMETER OR SMALLER.

STATE OF TENNESSEE RESPONSIBILITIES:

THE STATE SHALL IDENTIFY ALL WORK LOCATIONS AND PROVIDE THE
NECESSARY TRAFFIC CONTROL.

CONTRACTOR RESPONSIBILITIES:

THE CONTRACTOR SHALL FURNISH, AT THE UNIT PRICES BID, THE NECESSARY
EQUIPMENT, OPERATORS, AND INCIDENTALS FOR THE SATISFACTORY COMPLETION
OF THE WORK. ALL EQUIPMENT SHALL BE MAINTAINED IN GOOD WORKING
CONDITION AT ALL TIMES. ALL EQUIPMENT SHALL MEET THE REQUIREMENTS AS
SET FORTH BY OSHA.

THE CONTRACTOR SHALL HAVE AND PROVIDE PROOF OF GENERAL LIABILITY
INSURANCE IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) PER
OCCURRENCE FOR ANY CLAIM.

THE CONTRACTOR SHALL REIMBURSE THE DEPARTMENT FOR ANY DAMAGE TO STATE
PROPERTY CAUSED BY THE CONTRACTOR'S WORK PROCEDURES, PERSONNEL OR
SUB-CONTRACTOR PERSONNEL.

ALL RATES SET FORTH BY THE QUOTED UNIT SHALL BE BASED UPON FORTY (40)
HOUR WORK WEEK.

THE STATE RESERVES THE RIGHT TO INSPECT EQUIPMENT PRIOR TO AWARD TO
DETERMINE CONFORMITY TO SPECIFICATIONS.

THE SUCCESSFUL VENDOR IS TO BEGIN WORK WITHIN 2 WEEKS AFTER BEING
CALLED AT A GIVEN LOCATION. THERE WILL BE A MINIMUM 2 WEEK CALL-OUT.

WORK IN DAVIDSON COUNTY MAY BE LIMITED TO 9:00 A.M. TO 3:00 P.M. ON
WEEKDAYS AND 7:00 A.M. TO 5:00 P.M. ON WEEKENDS.

WORK WILL NOT BE ALLOWED ON HOLIDAY WEEKENDS AS DETERMINED BY THE
STATE.
GENERAL SPECIFICATIONS FOR HERBICIDE APPLICATION

1. CONTRACTOR SHALL HAVE CURRENT PEST CONTROL CHARTER WITH THE
TENNESSEE DEPARTMENT OF AGRICULTURE AND BE IN GOOD STANDING.
CONTACT PERSON FOR PESTICIDE CHARTER WITH THE DEPT. OF AGRICULTURE
IS KATHY BOOKER-615-837-5133
COPY OF CHARTER, LICENSE AND CERTIFICATES MUST BE SUPPLIED PRIOR
TO AWARD.
2. CONTRACTOR SHALL HAVE A MINIMUM OF 1 LICENSEE PER REGION AWARDED.
3. A LICENSEE SHALL BE NO MORE THAN 120 MILES OF ANY CERTIFIED
HERBICIDE APPLICATION CREW MAKING A HERBICIDE APPLICATION.
4. CONTRACTOR SHALL HAVE ONE CERTIFIED APPLICATOR PER LINE ITEM
AWARDED. FOR LINES THAT REQUIRE A HELPER, THE HELPER IS NOT
REQUIRED TO BE CERTIFIED.
5. THE SIZE OF PROJECT WILL GOVERN THE NUMBER OF PIECES OF EQUIPMENT
NEEDED.
6. THERE SHALL BE A MINIMUM CALL OUT BY TDOT OF 500 ACRES FOR THE
25,9000 GVWR TRUCK.
7. THERE SHALL BE A MINIMUM CALL OUT BY TDOT OF 80 HOURS FOR THE
PICK-UP TRUCK TRACTOR SPRAYER, ATV/RTV, AND THE BACK PACK SPRAYER.
8. WORK IN DAVIDSON COUNTY MAY BE LIMITED TO 9:00 A.M. TO 3:00 P.M.
ON WEEKDAYS AND 7:00 A.M. TO 5:00 P.M. ON WEEKENDS.

FOR INFORMATION REGARDING THE PEST CONTROL CHARTER, LICENSEE AND
CERTIFIED APPLICATORS, PLEASE CALL MS. KATHY BOOKER WITH THE DEPT
OF AGRICULTURE AT 615-837-5133.

HERBICIDE EQUIPMENT APPLICATION SPECIFICATIONS

THE FOLLOWING ARE THE MINIMUM QUALIFICATIONS FOR EACH TYPE OF
EQUIPMENT:

I. ROADSIDE HERBICIDE APPLICATION VEHICLE 25,900 GVWR
A. MINIMUM OF 25,900GVWR
B. TRUCK MOUNTED SPRAY SYSTEM WITH CAB MOUNTED COMPUTER CONTROL
C. MINIMUM OF 1,000 GALLON CAPACITY WATER TANK
D. MINIMUM OF 2 HERBICIDE INJECTORS
E. INSTANTANEOUS SHUTOFF VALVES THAT ARE CONTROLLED BY THE OPERATOR
FROM THE OPERATING POSTIION
F. SYSTEM SHALL HAVE 25-50 GALLON PER ACRE CAPABILITY
G. SYSTEM SHALL BE EQUIPPED WITH A RADAR CONTROL TO MONITOR GROUND
SPEED AND FLOW CONTROL
H. FRONT OR SIDE MOUNTED NOZZLE MANIFOLD WITH RIGHT AND LEFT ROAD
SHOULDER CAPABILITY
I. SYSTEM SHALL BE ABLE TO PRODUCE A MINIMUM OF 25 FOOT SPRAY
PATTERN; 25' X LENGTH = ACRES.
J. VEHICLE SHALL BE EQUIPPED WITH A MULTI DIRECTIONAL ARROW BOARD
AND 360 DEGREE STROBE LIGHT

II. ROADSIDE HERBICIDE APPLICATION PICK-UP TRUCK
A. MINIMUM 3/4 TON
B. MOUNTED SPRAY SYSTEM WITH 225 GALLON CAPACITY
C. SHALL BE EQUIPPED WITH 600 FOOT HOSE REEL WITH SPRAY GUN
D. SYSTEM SHALL HAVE RETURN AGITATION WITH PRESSURE REGULATION

III. OFF-ROAD SPRAY TRACTOR
A. 4 WHEEL DRIVE, 50 HP MINIMUM
B. ROLL OVER PROTECTION
C. THREE-POINT HITCH OR SADDLE TANK MOUNTED SPRAY SYSTEM WITH
A MINIMUM OF 100 GALLON CAPACITY
D. EQUIPPED WITH A BOOM-LESS OR FIXED BOOM SPRAY NOZZLE SYSTEM
E. ABILITY TO SELECT SPRAY OF VARYING WIDTHS WITH A 3 POINT HITCH
OR SADDLE TANK MOUNTED. THE SPRAY PATTERN SHALL BE A MINIMUM OF
30 FEET.
F. EQUIPPED WITH A MOUNTED HOSE REEL FOR HAND APPLICATIONS
G. SHALL HAVE A SEPERATE SUPPORT VEHICLE FOR RE-SUPPLY OF WATER
WITH A MINIMUM OF 200 GALLON CAPACITY

IV. ATV OR RTV SPRAY EQUIPMENT
A. MINIMUM OF 4 WHEEL DRIVE
B. ATV OR RTV MOUNTED SPRAY UNIT WITH A MINIMUM 40 GALLON CAPACITY
C. FIXED BOOM-LESS NOZZLES WITH MINIMUM CAPABILITY OF 20 FEET
D. SHALL HAVE THE CAPABILITY OF HAND SPRAYING WITH A HOSE REEL AND
SPRAY GUN
E. SHALL HAVE A SEPARATE SUPPORT VEHICLE FOR RE-SUPPLY OF WATER
WITH A MINIMUM OF 200 GALLON CAPACITY

V. BACK PACK SPRAYER
A. 3 GALLON MINIMUM CAPACITY
B. HAND GUNS WITH ROLL OVER VALVES OR ADJUSTABLE TIPS
C. SHALL HAVE A SEPARATE SUPPORT VEHICLE FOR RE-SUPPLY OF
WATER WITH A MINIMUM OF 200 GALLON CAPACITY

TDOT CONTACT PERSON: KEN HAMPTON AT 615-741-3458