Professional Documents
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Invitation To Bid and Instructions To Bidders
Invitation To Bid and Instructions To Bidders
FY2017-129
BID OPENING
at the
Central Services Complex Materials Management Conference Room
City of Oak Ridge
100 Woodbury Lane
P. O. Box 1
Oak Ridge, Tennessee 37831-0001
Invitation
Bids will be received by the City of Oak Ridge until 2:00 p.m., local time, February 16, 2017, then publicly
opened in the Central Services Complex Materials Management Conference Room at 100 Woodbury
Lane, Oak Ridge, Tennessee, for furnishing all labor, materials, supplies, tools, and equipment necessary
to perform all work and services described in the Contract attached hereto, in strict accordance with the
terms and provisions of said Contract and any attachments thereto. (See attached Specifications.)
All bids must be completed and submitted on the Bid Form provided. The bids shall be submitted on or
before the time set for the opening of bids. Bids received after the time so set are late bids and will not be
considered. Late bids, unmarked envelopes, and incorrectly marked envelopes will not be opened.
Electronic bids are not accepted.
A mandatory pre-bid conference will be held on January 24, 2017 at 10:00 a.m., local time, at the Oak
Ridge High School Tennis Courts. Prospective Bidders are required to attend this conference in
order to submit a bid. Please contact Lyn Majeski at (865) 425-1819 if directions to the site are needed.
Discrepancies
Should the Bidder find any discrepancies in, or omission from, the bid documents, or should the Bidder be
in doubt as to their meaning, the Bidder shall at once notify Lyn Majeski at (865) 425-1819 and obtain an
interpretation or clarification prior to submitting a bid. Any interpretation or clarification given in
accordance with this provision shall be in writing and will be distributed to all known Bidders. Only
questions answered in writing will be binding. Oral and other interpretations or clarifications will be
without legal effect. All questions must be submitted to Lyn Majeski no later than six (6) days prior to the
bid opening date in ordered to give sufficient time for responses to be sent to all prospective bidders.
Prices
The Bidder shall submit LUMP SUM bid prices as specified on Bid Form. Bidders are required to submit
prices for both projects. It is agreed that this bid document in its entirety is included in and made a part of
the contract between the City and the successful Bidder.
Withdrawal of Bids
Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for
opening the bids.
The City reserves the right to reject any and all bids when such rejection is in the interest of the City of
Oak Ridge; to reject the bid of a Bidder who has previously failed to perform properly or complete on time
jobs of a similar nature; to reject the bid of a Bidder who is not, in the opinion of the City, in a position to
perform the Contract, and to reject the bid of a Bidder not submitted in accordance with this Invitation to
Bid.
References
Each Bidder shall furnish at least three (3) references for whom work similar to that covered by the
specifications herein was performed, the year in which such work was performed and the manner of its
execution, and giving such other information as will tend to show the Bidder's ability to perform the
required work. References shall be submitted with the bid.
Equipment
The Bidder shall have available under Bidder's control, tools and equipment of the type, character and
amount required to complete the proposed work within the specified time. Each Bidder shall furnish a list
of the tools and equipment proposed for use on the work if requested.
Personnel
Each Bidder shall have available or shall agree to have available under Bidder's control sufficient
equipment and personnel to complete the proposed work within the specified time.
Method of Work
Upon request, each Bidder shall describe the method or methods to be used in the performance of the
required work.
A party who has quoted prices to a Bidder is not thereby disqualified from quoting prices to other Bidders
or from submitting a bid directly for the work; however, more than one bid for the same work from an
individual or entity under the same or different name will not be considered.
Bid Surety
Each bid shall be accompanied by a bid guarantee payable to the City in the amount of ten percent (10%)
of the total bid amount. The form of the bid guarantee shall be a bid bond or other suitable instrument
(i.e. cashiers check, certified check, or Letter of Credit). The bid guarantees of unsuccessful Bidders shall
be return to them by the City within fifteen (15) consecutive calendar days after execution of the Contract.
The successful Bidder will be required to maintain Workers Compensation, Comprehensive General
Liability, and Comprehensive Automobile Liability and Property Damage Insurance in accordance with the
provisions of the Contract Documents. The City of Oak Ridge, Tennessee shall be named as an
additional insured.
A Drug-Free Workplace Affidavit form is included in this bid package and must be submitted with the bid.
Award of Contract
The City will make the award as soon as practicable to the lowest responsible Bidder, price and other
factors considered, provided it is reasonable and in the best interest of the City. The City reserves the
right to award the contract to more than one bidder if in the best interest of the City. The successful
Bidder(s) shall be required to execute the Contract attached hereto.
No contract shall be made with any officer or employee of the City or any firm or corporation in which any
officer or employee of the City has financial interest.
The Contractor shall comply with all federal, state, county and local laws, ordinances, statutes, and
regulations. Pursuant to City Code 5-413, the City may not accept bids from Bidders in default of any
payment of any nature due to the City, including but not limited to taxes, licenses and fees.
Tobacco Products
The selected Bidder and its employees/subcontractors shall comply with all building policies, regulations,
schedules and rules as set out and required by the City. Please note smoking (including e-cigarettes)
and the use of tobacco products (chewing) is prohibited in City-owned facilities. For any work done at
City facilities, any smoking occurring outside of the buildings must occur at least twenty (20) feet away
from any entrance, open window or other opening into which smoke could infiltrate into the
building. Spent smoking materials are to be properly discarded and not littered on the grounds.
Pursuant to Tennessee Code Annotated 62-6-119, each bid must be submitted in a sealed envelope
marked and addressed as follows:
*If bid equals or exceeds $25,000, bidder must include this information.
If the bid is submitted by mail rather than hand-delivery, the sealed envelope containing the bid must be
enclosed in another envelope addressed as stated above. Bids submitted by mail must indicate on the
outside envelope, lower left corner, the following: Sealed bid for FY2017-129: Tennis Court Resurfacing
Project to be opened February 16, 2017 at 2:00 p.m. local time.
In compliance with the Invitation for Bids, dated January 11, 2017, the undersigned Bidder:
* a corporation organized and existing under the laws of the State of:
(*fill in as appropriate)
If written Notice of Award is received, the Bidder agrees to furnish to the City of Oak Ridge, within ten (10) working
days after receipt of said Notice of Award, the Completion and Performance Bond; Labor and Material Bond or other
suitable securities; and required insurance certificates naming the City of Oak Ridge as an additional insured.
Bidder understands that the City reserves the right to reject any or all bids and to waive any informality in the
bidding.
Bidder agrees that this bid shall be good for a period of ninety (90) days from the date of opening.
The Bidder shall resurface Tennis Courts 7 through 14 at the Oak Ridge High School (ORHS) in accordance with
the attached Specifications.
Bidder attests that no officers or employees of the City of Oak Ridge are members of, or have financial interest in,
the business submitting this bid.
By: Telephone #:
(Signature)
Name: Fax #
Title:
Business
Name: Date:
TN Contractors
License Number:
(if applicable)
NOTE: In accordance with the Invitation to Bid, a Bid Bond in the amount of ten percent (10%) of the total bid
price is attached, which shall become the property of the City of Oak Ridge in the event the contract and required
bonds are not executed within the required timeframe by the chosen Bidder. A Drug Free Workplace Affidavit is
also attached.
That we, ,
(hereinafter called the Surety), as Surety, are held and firmly bound unto the City of Oak Ridge, Tennessee,
(hereinafter called the Obligee), as Obligee, in the sum of ten percent (10%) of the bid price for the payment of
which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in
the Invitation to Bid and Instructions to Bidders with good and sufficient surety for the faithful performance of such
contract, or in the event of the failure of the Principal to enter such contract and give such bond, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid
and such larger amount for which the Obligee may in good faith contract with another party to perform the work
covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
(Seal)
Principal
Witness Title
(Seal)
Witness Surety
Title
STATE OF )
)
COUNTY OF )
2. The Company submits this Affidavit pursuant to Tennessee Code Annotated 50-9-113, which requires
each employer with no less than five (5) employees receiving pay who contracts with the state or any
local government to provide construction services or who is awarded a contract to provide construction
services or who provides construction services to the state or local government to submit an affidavit
stating that such employer has a drug-free workplace program that complies with Title 50, Chapter 9 of
the Tennessee Code.
Principal Officer
State of )
)ss.
County of )
acquainted (or proved to me on the basis of satisfactory evidence) and who acknowledged that such person
Notary Public
My Commission Expires: .
the CITY OF OAK RIDGE, TENNESSEE, a municipal corporation, hereinafter called the "City," and
WITNESSETH
In consideration of the mutual promises of the parties hereto, the parties do hereby agree as follows:
The work to be done consists of furnishing all labor, materials, supplies, tools, equipment and other
incidentals necessary to perform all work and services required for the resurfacing of Oak Ridge High
School Tennis Courts 7 through 14 in accordance with the attached Specifications. All work performed
under this Contract shall be in strict accordance with the terms and provisions of this Contract, the Scope
of Work, and the bid of the Contractor, all attached hereto and incorporated herein by reference.
In performance of this Contract, the Contractor binds himself to the City to comply fully with all provisions,
undertakings, and obligations hereinafter set forth.
ARTICLE 2 Term
This Contract shall become effective upon its execution and shall continue in full force and effect through
December 31, 2017. Work shall commence after the Contractors receipt of a written Notice to Proceed
and shall begin on or about June 1, 2017 and shall be complete on or about June 30, 2017, unless an
alternate schedule is approved by the parties in writing.
ARTICLE 3 Changes
A. City may, by written order, and without notice to the Sureties, make changes in the
specifications of this Contract within the general scope thereof. If any such changes cause an
increase or decrease in the scope of this Contract or in the time required for its performance, an
equitable adjustment shall be made and this Contract shall be modified in writing accordingly.
B. Should the Contractor encounter conditions materially different from those shown in the
specifications, the City shall be notified in writing immediately of such conditions before they are
disturbed. The City shall thereupon promptly investigate the conditions and if it finds that they do
so materially differ from those specified, this Contract shall be modified to provide for any
increase or decrease of cost and difference in time resulting from the conditions so found.
C. Except as otherwise herein provided, no charge for any extra work or material will be allotted
unless the same has been approved in writing by the City, and the price stated.
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ARTICLE 4 Inspections and Defective Work
All workmanship and services shall be subject to inspections, examinations and tests by the City at any
and all times during the performance of this Contract. The City shall have the right to reject defective
workmanship and to require correction. Rejected workmanship shall be satisfactorily corrected without
charge therefore. If the Contractor fails to proceed at once to correct such defective workmanship, the
City may proceed with such corrective work and the Contractor shall be liable for all direct cost
occasioned in the performance therefore.
This provision does not negate, modify or replace any warranties contained elsewhere in this Contract.
This provision shall survive the termination or suspension of this Contract.
Neither payment nor any provisions in the Contract document shall relieve the Contractor of responsibility for
faulty materials or defective workmanship. The City shall give notice of observed defects with reasonable
promptness. The deterioration due to ordinary use and normal wear is excepted from this guarantee.
The Contractor shall reimburse the City for the cost of damage, if any, as well as the cost of replacing
defective materials or workmanship. If replacements are not made within ten (10) days after notice is given
of such defect in workmanship, or thirty (30) days in case of materials, then the City shall have the right to
make replacements and charge the cost of same to Contractor or the Contractors surety.
The Contractor represents that it has visited the site and determined the nature of the work and the
difficulties and facilities attending execution of the work, and all other matters, which can in any way affect
the work under this Contract.
If the Contractor refuses or fails to prosecute the work with such diligence as will ensure its completion
within the time specified in Article 2, or fails to complete the work within such time, the City may terminate
this Contract. In such event, the City may take over the work and prosecute the same to completion by
contract or otherwise, and the Contractor shall be liable to the City for any excess cost occasioned
thereby. If this Contract is so terminated, the City may take possession of and utilize in completing the
work such materials, appliances, tools and equipment as may be on the site of the work and necessary
therefore.
ARTICLE 7 Payment
As consideration for performing all work and services set forth in this Contract, and as full consideration
thereof, the City agrees to pay the Contractor $ in accordance with the
bid sheet of the Contractor which is incorporated by reference into this Contract. Payment shall be made
within thirty (30) days of satisfactory completion of the work.
Upon completion of the work and services covered by this Contract and before final payment, the
Contractor must furnish evidence to satisfy the City that all suppliers of materials used and all labor and
other employees working for the Contractor pursuant to this Contract have been fully paid. Upon final
payment, the City is to be released from all liability whatsoever growing out of this Contract.
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ARTICLE 9 Indemnification by Contractor
To the fullest extent permitted by all applicable laws and regulations, the Contractor hereby agrees to
protect, indemnify and hold harmless the City and their consultants, agents and employees from and
against any and all claims, loss, expense, damage, charges and costs direct, indirect or consequential
(including but not limited to fees and charges of engineers, architects, attorneys and other professional
and court costs), collectively referred to as claims, for injury to or death of persons and injury to or
destruction of property suffered or alleged to have been suffered as a result of any act or omission on the
part of the Contractor, any of the Contractors subcontractors, anyone for whose acts any of them may be
liable, or others whose services are engaged by the Contractor or anyone directly or indirectly employed
or controlled by either of them in the course of the performance of the work provided for in the Contract,
except such injury, destruction or death as may be caused by the sole negligence or fault of the City.
When the City submits notice, the Contractor shall promptly defend any aforementioned action. In any
and all claims against the City or any of their consultants, agents or employees by any employee of the
Contractor, any of the Contractors subcontractors, anyone for whose acts any of them may be liable, or
others whose services are engaged by the Contractor or anyone directly or indirectly employed or
controlled by either of them in the course of the performance of the work provided for in the Contract, the
indemnification obligation described herein shall not be limited in any way by any limitation on the amount
or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor
under workers compensation acts, disability benefit acts or other employee benefit acts. The limits of
insurance required in this Contract shall not limit the Contractor's obligations under this article.
The terms of this article shall survive the termination or suspension of this Contract.
Notwithstanding any other provisions in this Contract, the Contractor shall furnish sufficient labor,
materials, supplies, tools, and equipment, and shall work such hours, including overtime, Sundays, and/or
Holidays, as may be necessary to carry out the work in accordance with the approved schedules for its
completion not later than the respective times allowed for completion set forth in these Contract
Documents. Should the Contractor refuse or fail to comply with its obligations set forth in the preceding
sentence after receipt of any written directive or request by the City that the Contractor furnish additional
labor, materials, supplies, tools, and equipment, and/or work additional hours, including overtime,
Sundays, and/or Holidays, the City may terminate the Contractor's right to proceed with the whole or any
part of the work under this Contract.
The Contractor shall comply with all federal, state, county and local laws, ordinances, statutes, and
regulations.
ARTICLE 12 Insurance
The Contractor shall at all times during the Contract maintain in full force and effect Comprehensive
General Liability, Workers' Compensation and Property Damage Insurance in the amounts set forth below
and naming the City of Oak Ridge, Tennessee as an additional insured.
The Contractor shall maintain policies providing the following insurance protection, each policy containing
a requirement that, in the event of change or cancellation, thirty (30) days' prior written notice be sent by
mail to the City. Certificates of Insurance describing the coverage shall be furnished by the Contractor
and shall contain the following express obligation:
FY2017-129 Contract
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"This is to certify that the policies of insurance described herein have been issued to the insured for whom
this certificate is issued and are in force at this time. In the event of cancellation or material change in a
policy affecting the certificate holder, thirty (30) days' prior written notice will be given the certificate
holder."
3. Comprehensive Automobile Liability (Including all owned, non-owned and hired vehicles)
The Contractor may purchase at its own expense such additional or other insurance protection as it may
deem necessary. Maintenance of the required minimum insurance protection does not relieve the
Contractor of responsibility for any losses not covered by the above-required policies.
Before commencement of work hereunder, the Contractor agrees to furnish to the City of Oak Ridge
(Legal Department, P.O. Box 1, Oak Ridge, Tennessee 37831-0001) a Certificate of Insurance or other
evidence satisfactory to the City to the effect that such insurance has been procured and is in force.
The Contractor shall obtain, at the Contractor's expense, all permits, licenses and bonds required by law
or ordinance and maintain the same in full force and effect.
A. The Contractor may utilize the services of specialty subcontractors on those parts of the work
which, under normal contracting practices, are performed by specialty subcontractors.
B. The Contractor shall not award, assign, transfer or pledge any work to any subcontractor without
prior written approval of the City, which approval will not be given until the Contractor submits to
the city a written statement concerning the proposed award to the subcontractor, which statement
shall contain such information as the City may require.
C. The Contractor shall be as fully responsible to the City for the acts and omissions of
subcontractors, and of persons either directly or indirectly employed by said subcontractors, as
the Contractor is for the acts and omissions of persons directly employed by the Contractor.
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D. The Contractor shall make a condition of all subcontracts and/or cause appropriate provisions to
be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the
terms of the General Conditions and other Contract Documents insofar as applicable to the work
of subcontractors and to give the Contractor the same power as regards terminating any
subcontract that the City may exercise over the Contractor under any provision of the Contract
Documents.
E. Nothing contained in this Contract shall create any contractual relation between any
subcontractor and the City.
The Contractor shall give its personal superintendence to the work or have a competent foreman or
superintendent satisfactory to the City on the site at all times during the progress of the work, with
authority to act on behalf of the Contractor.
ARTICLE 16 Termination
Notwithstanding any other provisions in this Contract, the Contractor shall furnish all labor, materials,
supplies, tools and equipment necessary to perform the work and services within allowed times for
completion as set forth in these Contract Documents. Should the Contractor refuse or fail to comply with
its obligations, or in the event the Contractor shall violate any of the provisions of this Contract, or the
quality or quantity of the work performed is, in the judgment of the City, below standard and therefore
unsatisfactory, the City shall have the right to cancel this Contract upon thirty (30) days written notice to
the Contractor and to complete the work undertaken by the Contractor without incurring any liability to the
Contractor except to pay the Contractor the fair value to the City of the work satisfactorily performed by
the Contractor.
If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under
this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this
Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the
Contractor of such termination and specifying the effective date thereof, at least five (5) days before the
effective date of such termination. In such event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this
Contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to
receive just and equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold
any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages
due the City from the Contractor is determined.
ARTICLE 18 Anti-Discrimination
The Contractor, in performing the work or furnishing the services covered by this Contract, shall not
discriminate against any person because of race, creed, color, national origin, age, sex, sexual
orientation, disability, religion or other legally protected status. The City of Oak Ridge encourages the
utilization of minority and women-owned businesses in its contracting and subcontracting projects and the
Contractor is encouraged to actively solicit the participation of these businesses. The Contractor shall
inform all of its subcontractors and vendors providing work or services under this Contract of this
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requirement and shall ensure compliance therewith.
ARTICLE 19 Personnel
A. The Contractor represents that it has, or will, secure at the Contractor's expense, all personnel
required to perform the work and services outlined in this Contract. Such personnel shall not be
employees of or have any contractual relationship with the City.
B. All of the services required hereunder will be performed by the Contractor or under the
Contractor's supervision, and all personnel engaged in the work shall be fully qualified and shall
be authorized or permitted under state and local laws to perform such services.
At such times and in such forms as the City may require, the Contractor shall furnish to the City such
periodic reports as are requested by the City pertaining to the work and services covered by this Contract,
the costs and obligations incurred or to be incurred in connection herewith, and any other matters
covered by this Contract. The City can audit the Contractors and the Contractors subcontractors
financial records pertaining to this project.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year
first above written, the City of Oak Ridge, by its Mayor, by authority duly given.
(CONTRACTOR)
Signature
Approved by Resolution
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SPECIFICATIONS
Install 8 new heavy duty galvanized steel ground center strap anchors.
Courts 7 through 14 are to be cleaned of dirt, debris and any loose or flaking existing surface
material.
All cracks are to be cleaned of any foreign material that may prevent the proper product
adhesion.
Fill all cracks with the appropriate crack filler. Surface defects and (10) low areas shall be leveled
with base coat. The (10) low areas will be identified at the pre- construction meeting.
Two coats of acrylic color will be applied to the courts, the inbounds area light green and out of
Two coats of white textured line paint shall be installed according to A.S.B.A Guidelines for
Two coats of red textured line paint shall be installed on (4) courts (7 through 10) for a pickle ball
court according to the USAPA guidelines for pickle ball court construction.
Clean the (16) existing posts and prepare for paint. Remove any loose paint or rust and sand
smooth. Repaint with (2) coats of quality green acrylic paint. Replace all net tightening hardware
FY2017-129 Specifications
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