00 21 13 Instructions to Bidders.pdf
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- Attached to
- Vaults 60, 87 & ET Structural Repair and Grating Replacement State and local contract opportunity
- Solicitation number
- 3930
- Issued by
- Knox County, Tennessee
About this file
This document is an Instructions to Bidders file for the Knoxville Utilities Board (KUB) for the Vaults 60, 87 & ET Structural Repair and Grating Replacement project. The procurement schedule indicates the project will be solicited through a competitive bidding process, with a mandatory on-site pre-bid meeting scheduled for August 28, 2025, at 620 S. Gay Street in Knoxville, Tennessee. Bids are due on September 17, 2025, at 2:00 PM ET, with bids to be submitted electronically via www.bidnetdirect.com or hand-delivered to the KUB Bid Room. The project has a required substantial completion date of March 6, 2026, with a Notice to Proceed anticipated around October 11, 2025. Bidders must be licensed contractors and are required to attend the mandatory pre-bid meeting to be eligible to submit a bid.
The bid requires a 5% bid security in the form of a bid bond or certified cashier's check, and bidders must submit qualification information with their bid. The contract will be awarded on a lump sum basis to the lowest responsive and responsible bidder. Bidders are responsible for determining and including any applicable sales or use taxes in their bid. The project involves structural repair and grating replacement for three specific vaults (60, 87, and ET), with detailed structural rework plans and notes available for review. Bidders must comply with KUB's safety program and submit an affidavit attesting to a drug-free workplace program. The owner reserves the right to reject any or all bids and to investigate the qualifications of bidders and their proposed subcontractors.
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Text version
Vaults 60, 87 & ET Structural Repair and Grating Replacement
3930 INSTRUCTIONS TO BIDDERS
REVISED 08/15/25 00 21 13 - 1
DOCUMENT 00 21 13
INSTRUCTIONS TO BIDDERS
ARTICLE 1—DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions.
ARTICLE 2—BIDDING DOCUMENTS
2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.
2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.
2.03 Bidder may obtain complete sets of Bidding Documents from Owner at the location stated in the Advertisement. Bidders may rely that sets of Bidding Documents obtained from Owner are complete unless an omission is blatant. Prequalified Bidders and/or reviewers of the Project Manual will receive Addenda issued by Owner.
2.04 Electronic Documents:
A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.
1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee
INSTRUCTIONS TO BIDDERS 3930
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that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.
B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above.
However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.
ARTICLE 3—QUALIFICATIONS OF BIDDERS
3.01 All Bidders must be licensed Contractors as required by the Contractors Licensing Act of 1994, as amended (TCA Title 62, Chapter 6). For all Bids, other than those handed directly to the authorized Owner’s agent charged with opening the Bids at the place and time of the Bid opening, the exterior of the sealed envelope must be labeled “Bid” with the Project Name and Bid due date/time clearly evident. Attaching Document 00 41 11, Owner’s Bid Cover Sheet to the exterior of the sealed bid envelope fulfills this requirement. Owner has no liability or responsibility for securing, receiving, accepting, or opening sealed Bids that are not sufficiently labeled as to indicate their status as a Bid with the Project and due date/time indicated.
A. In the case of joint ventures, each party submitting the Bid must provide this information. In the event a Bid package not having the required information on the outside of the sealed Bid envelope is inadvertently opened, the Bid may not be considered.
3.02 Bidder is to submit the information requested in Document 00 45 13, Bidder’s Qualifications with its Bid to demonstrate Bidder’s qualifications to perform the Work.
3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.
3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.
ARTICLE 4—PRE-BID CONFERENCE
4.01 A mandatory pre-bid meeting will be held on Thursday, August 28, 2025 at 10:00 AM EDT at 620 S.
Gay Street, Knoxville, TN 37902. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. Bidder’s must attend this meeting in order to be eligible to Bid. In addition, the meeting will begin promptly at 10:00 AM ET and once the meeting commences, no Bids will be accepted by Owner from Bidders arriving late to the meeting. It is each Bidder’s responsibility to sign in at the pre-Bid conference to
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verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. Meeting attendees must bring HARD HATS, SAFETY GLASSES WITH SIDE SHIELDS AND BOOTS WITH TOE PROTECTION to participate in the on-site walk through.
4.02 In the event of a Pre-Bid conference, information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-Bid conference will not be binding or legally effective unless incorporated in an Addendum.
ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S
SAFETY PROGRAM; OTHER WORK AT THE SITE
5.01 Site and Other Areas:
A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.
B. The Owner will make available for inspection by Bidders prior to Bidding all information that is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by the Contractor. The Contractor shall provide the Owner copies of any written agreements with private landowners that the Contractor obtains for such additional land or access thereto.
5.02 Existing Site Conditions:
A. Subsurface and Physical Conditions; Hazardous Environmental Conditions:
1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:
a. Those reports of explorations and tests of subsurface conditions at or adjacent to the
Site that contain Technical Data.
b. Those drawings known to Owner of existing physical conditions at or adjacent to the
Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.
c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.
d. Technical Data contained in such reports and drawings.
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2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents unless deemed so by the Owner, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.
3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.
4. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR) and Geotechnical Data Report (GDR).
a. As set forth in the Supplementary Conditions, the GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Document.
b. The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined.
c. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, Bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.
B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the Drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.
5.03 Other Site-related Documents:
A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:
1. S-01 Structural Notes
2. S-02 Vault 60 Structural Rework Plan
3. S-03 Vault 87 Structural Rework Plan
4. S-04 Vault ET Structural Rework Plan
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5. Transformer Vaults 60, 87, & ET
6. S-05 Structural Sections & Details
Owner will make copies of these other Site-related documents available to any Bidder on request.
B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretationF or conclusion Bidder draws from the other Site-related documents.
C. The other Site-related documents are not part of the Contract Documents.
D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data.
5.04 Site Visit and Testing by Bidders:
A. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.
B. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.
C. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.
5.05 Owner’s Safety Program:
A. Site visits and work at the Site will be governed by Owner’s safety program as provided in Section 01 35 23.
B. The Owner is committed to a safe working environment for its employees and contractors and to the safety and health of the customers served as well as the general public. The Owner emphasizes, operates, and enforces an alcohol and drug free workplace. Each Bidder is required to submit an affidavit that attests that such Bidder operates a drug free workplace program or
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other drug and alcohol testing program with requirements at least as stringent as that of the program operated by Owner. Each Bidder may review the Owner’s drug free workplace program at the Human Resource Department at the address contained herein.
ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS
6.01 Express Representations and Certifications in Bid Form, Agreement:
A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.
B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.
ARTICLE 7—INTERPRETATIONS AND ADDENDA
7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.
7.02 The Bidding Documents contain the information required for the construction of the Project. All questions about the meaning or intent of the Bidding Documents are to be submitted to the Owner in writing. Interpretations or clarifications considered necessary by the Owner in response to such questions will be issued via www.Bidnetdirect.com. Any other written or oral information obtained from an officer, agent, or employee of the Owner or any other person will be without legal effect.
Bidders must acknowledge receipt of Addenda on the Bid Form
Abbey Marshall Procurement-Contract Services Knoxville Utilities Board 4505 Middlebrook Pike Knoxville, TN 37921-5599 Email Address: abbey.marshall@kub.org
7.03 Questions received after the indicated cutoff for questions date may not be answered.
7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.
http://www.bidnetdirect.com/ mailto:abbey.marshall@kub.org
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ARTICLE 8—BID SECURITY
8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base Bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond may be issued in the form included in the Bidding Documents.
A. In lieu of a Bid bond, Bidder may provide Bid security in the form of a certified cashier’s check made payable to the Owner for five percent (5%) of Bidder’s maximum Bid price.
B. Company or personal checks will not be accepted in lieu of a Bid bond.
8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released.
If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum Bid bond, and to the extent of Owner’s damages in the case of a damages-form bond.
Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.
8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.
8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven (7) days after the Bid opening.
ARTICLE 9—CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.
9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.
ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS
10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the Bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the
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Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.
10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.
ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS
11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.
11.02 If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Proceed is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.
11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice to Proceed will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.
ARTICLE 12—PREPARATION OF BID
12.01 The Bid Form is included with the Bidding Documents.
A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.
B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” On unit price Bids, entering a zero for the unit cost of a Bid item indicates the Bidder requires no compensation for completion of that item.
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12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8-1/2-inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.
12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.
12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.
12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.
12.06 A Bid by an individual must show the Bidder’s name and official address.
12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.
12.08 All names must be printed in ink below the signatures.
12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.
12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.
12.11 If requested by Owner, the Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.
ARTICLE 13—BASIS OF BID
13.01 All Bids must be made on the attached Document 00 41 13 – Bid Form. Document 00 43 22, Unit Prices Form may also be required. Additional copies may be obtained from the Owner. All blank spaces for Bid prices must be filled in, in ink or typewritten, and the Bid Form must be fully completed and executed when submitted. Only one copy of the Bid Form is required. On unit price Bids, 00 21 13 - 10 REVISED 08/15/25 entering a zero for the unit cost of a Bid item indicates the Bidder requires no compensation for completion of that item.
13.02 Lump Sum:
A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form.
ARTICLE 14—SUBMITTAL OF BID
14.01 Each Bid must be submitted in a sealed envelope, addressed to: Knoxville Utilities Board, Procurement Department ***Bid Room***, 4505 Middlebrook Pike, Knoxville, Tennessee 37921 or electronically via www.Bidnetdirect.com.
14.02 Each sealed envelope containing a Bid must have Document 00 41 11, Bid Cover Sheet securely attached thereto with all required information included. If forwarded by mail or package delivery service, the sealed envelope containing the Bid must be enclosed in another envelope clearly marked on the outside with the notation “Bid Enclosed” and addressed to the Procurement Department **Bid Room**, Knoxville Utilities Board, 4505 Middlebrook Pike, Knoxville, Tennessee 37921.
14.03 Bids received after the date and time prescribed for the opening of Bids or not submitted at the correct location or in the designated manner, may not be accepted and will be returned to the Bidder unopened.
ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID
15.01 The Owner may waive any informalities or minor defects and may reject any and all Bids. Any Bid may be withdrawn prior to the above-scheduled time for the opening of the Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered.
No Bidder may withdraw a Bid until 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidders.
15.02 An unopened Bid may be withdrawn by the Bidder prior to the date and time of Bid Opening.
15.03 Bidders may modify their Bid prior to Bid opening, contingent upon the sealed Bid being submitted at the proper date and time for the opening of Bids
15.04 If within twenty-four (24) hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further Bidding on the Work.
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ARTICLE 16—OPENING OF BIDS
16.01 Bids will be opened at the time and place indicated in the advertisement to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.
ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE
17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.
ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT
18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, qualified or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.
A. All Bidders must agree that such rejection shall be without liability on the part of the Owner for any damage or claim, including but not limited to loss of profits, savings or income, or any indirect, consequential, incidental, exemplary, punitive or special damages brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the Owner because of such rejections. The filing of any Bid in response to this invitation shall constitute an agreement by the Bidder to these conditions.
18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.
18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner may reject the Bid as nonresponsive.
18.04 If Owner awards the contract for the Work, such award will be made to the responsive and responsible Bidder whose Bid is determined to contain the lowest evaluated Bid as described in the Bid form and who is determined by Owner to be fully qualified and able to perform the Work for the Contract Price and within the Contract Times.
18.05 Evaluation of Bids:
A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.
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18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.
A. The Owner may make such investigations as deemed necessary to determine the ability of the Bidder and any proposed Subcontractors or Suppliers to perform the Work, and the Bidder shall furnish to the Owner all information and data for this purpose that the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder or any proposed Subcontractors or Suppliers is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein. A conditional or qualified Bid will not be accepted.
ARTICLE 19—BONDS AND INSURANCE
19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.
19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing Bid bonds as part of the Bidding process.
19.03 Attorneys-in-fact who sign Bid Bonds or payment Bonds and performance Bonds must file with each Bond a certified and effective date copy of their power of attorney.
19.04 All bonding companies shall be listed in the U.S. Treasury Department Federal Register for bonding companies and be licensed to do business in the state of Tennessee.
19.05 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by insurance documentation.
ARTICLE 20—SIGNING OF AGREEMENT
20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within ten (I10) days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Failure to produce the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents within such ten (10) day period, the Owner may consider the Bidder in default, in which case, the Bid Bond accompanying the Bid shall become property of
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the Owner. Within sixty (60) days thereafter, Owner will deliver one (1) fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.
ARTICLE 21—SALES AND USE TAXES
21.01 It is the Bidder's responsibility to determine if sales or use taxes are required to be paid on the Work and to what extent. If sales and/or use taxes are payable in connection with the Work, all such taxes must be included in the Bid.
ARTICLE 22—PROCUREMENT SCHEDULE
A. The following is the proposed schedule of procurement activities associated with this Project.
1. Request for Bid Issued August 22, 2025
2. A Mandatory On-Site Pre-Bid Meeting at 10:00AM ET August 28, 2025 The site is located at 620 S. Gay Street Knoxville, TN 37902
3. Cut off for questions at 4:00PM September 4, 2025
4. Issue addendum if required by 2:00PM September 8, 2025
5. Bids due on www.bidnetdirect.com or hand delivered, no later than September 17, 2025, at 2:00 PM
ET. Sealed bids may also be hand delivered or shipped to: KUB Bid Room, 4505 Middlebrook Pike, Knoxville, TN 37921. Cover sheets for bids submitted will be read aloud via teleconference number: +1 213-519-5893 – Conference ID: 886 323 293#
6. Bids Evaluated by KUB September 18 – September 25, 2025
7. Notice of Award September 27, 2025
8. Notice to Proceed on or around October 11, 2025
9. Required substantial completion March 6, 2026
END OF DOCUMENT
| Article 1— Defined Terms |
| 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. |
| Article 2— Bidding Documents |
| 2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a co... |
| 2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any o... |
| 2.03 Bidder may obtain complete sets of Bidding Documents from Owner at the location stated in the Advertisement. Bidders may rely that sets of Bidding Documents obtained from Owner are complete unless an omission is blatant. Prequalified Bidders and/... |
| 2.04 Electronic Documents: |
| A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified. |
| 1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copi... |
B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above. However, Bidder assumes all risks associated with differences ar...
| Article 3— Qualifications of Bidders |
| 3.01 All Bidders must be licensed Contractors as required by the Contractors Licensing Act of 1994, as amended (TCA Title 62, Chapter 6). For all Bids, other than those handed directly to the authorized Owner’s agent charged with opening the Bids at t... |
| A. In the case of joint ventures, each party submitting the Bid must provide this information. In the event a Bid package not having the required information on the outside of the sealed Bid envelope is inadvertently opened, the Bid may not be conside... |
| 3.02 Bidder is to submit the information requested in Document 00 45 13, Bidder’s Qualifications with its Bid to demonstrate Bidder’s qualifications to perform the Work. |
| 3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. |
| 3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. |
| Article 4— Pre-Bid Conference |
| 4.01 A mandatory pre-bid meeting will be held on Thursday, August 28, 2025 at 10:00 AM EDT at 620 S. Gay Street, Knoxville, TN 37902. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bid... |
| 4.02 In the event of a Pre-Bid conference, information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid confer... |
| Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site |
| 5.01 Site and Other Areas: |
| A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, const... |
| B. The Owner will make available for inspection by Bidders prior to Bidding all information that is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired. All additional lands and access thereto requir... |
| 5.02 Existing Site Conditions: |
| A. Subsurface and Physical Conditions; Hazardous Environmental Conditions: |
| 1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site: |
| a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data. |
| b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technica... |
| c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. |
| d. Technical Data contained in such reports and drawings. |
| 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents unless deemed so by the Owner, but the Technical Data contained therein upon whose... |
| 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. |
| 4. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR) and Geotechnical Data Report (GDR). |
| a. As set forth in the Supplementary Conditions, the GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Docu... |
| b. The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an... |
| c. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, Bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods... |
B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the Drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and d...
| 5.03 Other Site-related Documents: |
| A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference: |
| 1. S-01 Structural Notes |
| 2. S-02 Vault 60 Structural Rework Plan |
| 3. S-03 Vault 87 Structural Rework Plan |
| 4. S-04 Vault ET Structural Rework Plan |
| 5. Transformer Vaults 60, 87, & ET |
| 6. S-05 Structural Sections & Details |
| B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretationF or conclusion Bidder draws from the other... |
| C. The other Site-related documents are not part of the Contract Documents. |
| D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited... |
| 5.04 Site Visit and Testing by Bidders: |
| A. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder dee... |
| B. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Si... |
| C. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. |
| 5.05 Owner’s Safety Program: |
| A. Site visits and work at the Site will be governed by Owner’s safety program as provided in Section 01 35 23. |
| B. The Owner is committed to a safe working environment for its employees and contractors and to the safety and health of the customers served as well as the general public. The Owner emphasizes, operates, and enforces an alcohol and drug free workpl... |
| Article 6— Bidder’s Representations and Certifications |
| 6.01 Express Representations and Certifications in Bid Form, Agreement: |
| A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection wi... |
| B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement. |
| Article 7— Interpretations and Addenda |
| 7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. |
| 7.02 The Bidding Documents contain the information required for the construction of the Project. All questions about the meaning or intent of the Bidding Documents are to be submitted to the Owner in writing. Interpretations or clarifications consider... |
| 7.03 Questions received after the indicated cutoff for questions date may not be answered. |
| 7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly m... |
| Article 8— Bid Security |
| 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base Bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requiremen... |
| A. In lieu of a Bid bond, Bidder may provide Bid security in the form of a certified cashier’s check made payable to the Owner for five percent (5%) of Bidder’s maximum Bid price. |
| B. Company or personal checks will not be accepted in lieu of a Bid bond. |
| 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of... |
| 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Contract or 61 days after the Bid opening, where... |
| 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven (7) days after the Bid opening. |
| Article 9— Contract Times |
| 9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement. |
| 9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. |
| Article 10— Substitute and “Or Equal” Items |
| 10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the Bidding and Contract award process of possible substitute or “or-equal” items... |
| 10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the... |
| Article 11— Subcontractors, Suppliers, and Others |
| 11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor... |
| 11.02 If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Proceed is given, request apparent Successful Bidder to submit an acceptable ... |
| 11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will not constit... |
| Article 12— Preparation of Bid |
| 12.01 The Bid Form is included with the Bidding Documents. |
| A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment... |
| B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” On unit ... |
| 12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must... |
| 12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. |
| 12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown. |
| 12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must b... |
| 12.06 A Bid by an individual must show the Bidder’s name and official address. |
| 12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address... |
| 12.08 All names must be printed in ink below the signatures. |
| 12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. |
| 12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown. |
| 12.11 If requested by Owner, the Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and ... |
| Article 13— Basis of Bid |
| 13.01 All Bids must be made on the attached Document 00 41 13 – Bid Form. Document 00 43 22, Unit Prices Form may also be required. Additional copies may be obtained from the Owner. All blank spaces for Bid prices must be filled in, in ink or typew... |
| 13.02 Lump Sum: |
| A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form. |
| Article 14— Submittal of Bid |
| 14.01 Each Bid must be submitted in a sealed envelope, addressed to: Knoxville Utilities Board, Procurement Department ***Bid Room***, 4505 Middlebrook Pike, Knoxville, Tennessee 37921 or electronically via www.Bidnetdirect.com. |
| 14.02 Each sealed envelope containing a Bid must have Document 00 41 11, Bid Cover Sheet securely attached thereto with all required information included. If forwarded by mail or package delivery service, the sealed envelope containing the Bid must be... |
| 14.03 Bids received after the date and time prescribed for the opening of Bids or not submitted at the correct location or in the designated manner, may not be accepted and will be returned to the Bidder unopened. |
| Article 15— Modification and Withdrawal of Bid |
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