25083_Richland Gym Project_Project Manual Update_202608111510595945.pdf

PROJECT MANUAL

Richland Gym Project

(#25083)

Portland, Tennessee

Prepared for:

City of Portland

303 Portland Blvd

Portland, TN37148

Prepared by:

Lose Design

2809 Foster Avenue

Nashville, TN 37210

Phone: (615) 242-0040

© 2026 Lose Design

INVITATION TO BID

Richland Gym Project

August 6, 2026

Sealed bids, subject to the specifications and conditions contained herein and attached hereto, will be received in the Portland City Hall Council Chamber, until, but no later than 3:00 P.M. CST, Sept 10, 2026, and then publicly opened and read aloud for a Richland Gym Project Renovation. If you are an individual with a disability and require a reasonable accommodation or have additional questions regarding this invitation, please notify Jamie White at 615-325-6464 Email: jwhite@cityofportlandtn.gov

No bid may be withdrawn after the scheduled closing time for receipt of bids for sixty (60) calendar days.

Bid Instructions

To be considered, you must:

1. A completed bid sheet as provided with this invitation together with an explanation of any exceptions taken to specifications or additional conditions of the bid.

2. Copies of warranty information, other requirements as may be included herein and any additional information pertinent to properly evaluate the bid.

3. All forms must be signed by a representative of the bidder with the authority to bind the bidder.

4. All required documents shall be returned to:

Portland City Hall 100 South Russell Street, Portland, TN 37148 Addressed to Rachel Slusser

Mark outside of envelope with Invitation to Bid Richland Gym Project Renovation and opening date of bid

September 10, 2026.

Time is of the essence and any bid received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. The time of receipt shall be determined by the City Finance’s Office. Bidders are responsible for ensuring that their bids are stamped by City Finance’s Office personnel before the deadline indicated. Late bids received will be so noted in the bid file and the bid will be returned unopened.

Faxed or E-mailed bids will not be accepted.

Nothing herein is intended to exclude any responsible vendor, his product or service or in any way restrain or restrict competition. On the contrary, all responsible vendors are encouraged to bid and their bids are solicited. All costs associated with the preparation or delivery of a response to this invitation shall be borne solely by the bidder. The City of Portland is compliant with Title VI of the 1964 Civil Rights

Act and as a result does not discriminate on the grounds of race, color or national origin nor does it excluded from participation in, or denies the benefit of any program or activity receiving federal financial assistance.

All cost associated with the preparation of this bid or its delivery shall be borne solely by the bidder.

1. SCOPE

The Richland Gym Renovation consists of the selective demolition and interior renovation of a portion of the existing gymnasium facility. Work includes the complete demolition of the designated interior area and the construction of new spaces consisting of a men's restroom, women's restroom, storage room, and a multipurpose event/conference room.

The project includes all associated architectural, structural, mechanical, electrical, and plumbing work required to complete the renovation, including new interior partitions, doors, finishes, fixtures, and building systems as indicated in the Contract Documents. All work shall be coordinated with the existing building and performed in accordance with the Drawings, Specifications, and applicable codes and regulations.

GENERAL CONDITIONS

1. Acceptance of Bids: The City of Portland reserves the right to reject any and all bids, to waive any informal technicalities or defects, the scope and nature of which it shall be the sole judge, in any bid, insofar as such technicality or defects do not legally, materially or substantially change such bid. The said City, unless otherwise specified by the bidder, reserves the right to accept any item on bid.

If the bidder fails to state the time within which a bid must be accepted, it is understood and agreed that said City shall have ninety (90) days from bid opening date in which to accept bid.

2. Error in Bid: In case of error in the extension prices in the bid, the unit price governs. No bid shall be altered, amended or withdrawn, unless the acceptance date has expired, after the opening date of bids. Negligence on the part of the bidder in preparing the bid confers no right for withdrawal of the bid after it has been opened.

3. Signatures on Bids: Each bid must contain the full name and business address of the bidder. Any person signing a proposal sheet for himself or as agent, employee or officer of another must show his title and, if requested by the City shall furnish proof of his authority to make such proposal.

4. Alternate Manufacturer Bids: Alternate bids will be NOT be considered for this proposal.

5. Proposal Sheets: Bidders shall use the proposal sheets furnished by the City. Failure to submit this sheet as required shall render the proposal invalid. Proposal sheets must contain prices on per unit and aggregate basis and the total amount of the bid must be stated on the proposal sheet.

6. Federal or State Sales, Excise or Use Tax: Every bid shall separately state and set forth, therein the amount of any and all Federal and State sales, excise or use taxes included in the bid prices. If any such taxes are included in the prices bid, the City reserves the right in making the award to deduct any amount of such taxes thereof.

Where labor is required, the bidder shall state separately the amount of labor and materials.

7. Delivery: The number of calendar days in which delivery will be made after contract is executed and purchase order placed shall be stated in the bid. When the bidder states no time delivery, it is understood and agreed that delivery is to be made within fifteen (15) days after receipt of order, unless otherwise stated in the specifications.

8. Compliance: Contractor shall abide by all federal, state and local laws and statues and obtain all permits required in number thirteen (13) of these conditions.

9. Specifications: It is understood that reference to attached specifications shall be sufficient to make the terms of such specifications binding on the bidder. In some instances, the name of the manufacturer, a special brand, or make of an item is used in describing the item or items desired; but this does not restrict the bidder to that manufacturer or specific article unless the specifications dictate otherwise. A statement acknowledging the name of the manufacturer or specific article as mandated in the specifications shall be made a part of the proposal.

10. Inspection: Final inspection and acceptance or rejection will be made at the time of delivery, but all products and workmanship shall be subject to inspection and test at all times and places. The right is reserved to reject articles that contain defective material and workmanship. Rejected materials shall be removed by and at the expense of the bidder promptly after notification of rejection. The City shall not be obligated to pay the full price for any items that do not meet specifications; however, payment may be made at a proper reduction in price.

11. Bid Opening: Bids may be mailed or delivered to the Purchasing Agent for the City of Portland, Tennessee. All bids will be opened and publicly read at a time specified within the invitation to bid. Bids received after the specified time for opening, as shown on the invitation to bid, will not be accepted.

12. Cancellation: The City reserves the right to cancel an accepted bid or contract in whole or in part due to nonperformance or defective products.

13. Permit Requirements: Successful bidder will be responsible for securing any necessary permits for complying with all required inspections whether local state or federal.

14. Financial Statements: Financial statements will be submitted upon request.

15. Term of Payment: Payment will be made in full after the satisfactory receipt of goods, materials, supplies, and equipment. Payment will be made in full upon satisfactory completion of all contractual services. Executed contracts must specifically state if there is any partial payment or other deviation from this method of payment.

16. Complaints – Vendors: Vendors shall have the right to present a complaint, dispute or grievance concerning unfair treatment, contracts, deliveries, payments, restrictions, and other incidents. The following steps are intended to provide uniform procedures for a vendor to express a problem and obtain remedy.

a. Step One - Vendor must file a grievance with the Purchasing Agent no later than seven (7) calendar days after the occurrence of the dispute or incident. The complaint must be in writing and include all supporting data and desired solution or remedy. The Purchasing Agent will forward a copy of the complaint with the user department who shall provide a written reply within thirty (30) days to the Purchasing Agent who will review the response and if agreement forward the decision to the vendor.

b. Step Two – If the vendor is not satisfied with the Purchasing Agent’s response, the vendor may appeal in writing to the City Finance within 10 days from the date of the Purchasing Agent’s response, who shall with the advice of the City Finance and/ or City Attorney, make a written determination to all parties involved. The City Finance’s decision shall be final

3. SPECIAL CONDITIONS

3.1 All items’ bids shall be FOB City of Portland, Parks & Rec Department, 100 South Russell

Street, Portland, TN 37148 or other designated department location within Portland city limits.

3.2 The recommendation for award will consider compliance with bid specifications, price, delivery date, availability of parts and services, warranty and past performance of vendor/ equipment.

4. INSURANCE

The awarded vendor shall purchase and maintain in force, at his own expense, if requested by the City such insurance as will protect him and the City from claims which may arise out of or result from the

Vendor’s execution of the work, whether such execution be by himself, his employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. The insurance coverage shall be such as to fully protect the Owner, the City and the general public from any and all claims for injury and damage resulting by any actions on the part of the vendor or his forces as enumerated above. The vendor shall furnish, if requested, a copy of an original Certificate of Insurance, naming City of

Portland as an additional insured. Should any of the policies be cancelled before the expiration date, the issuing company will mail 30 days written notice to the certificate holder. The vendor shall furnish insurance in satisfactory limits, and on forms and of companies that are acceptable to the City of

Portland and shall require and show evidence of insurance coverage on behalf of any subcontractors

(if applicable), before entering into any agreement to sublet any part of the work to be done as a result of awarding this bid.

The following insurance requirements are the minimum that will be acceptable (unless otherwise stated in #9 Specifications and Requirements):

1. Worker's Compensation Insurance – State statutory limits.

2. Commercial General Liability - Including products and completed operations coverage andcontractual liability on the amount of $1,000,000 CSL (combined single limit).

3. Commercial Automobile Liability including owned, non-owned and hired car in theamount of $100,000 CSL.

5. LAWS, TAXES AND INDEMNIFICATION

The successful vendor shall comply with all applicable local, State and Federal laws. The vendor is further responsible for all taxes associated with providing services under this contract to include all employment related taxes. The vendor agrees to hold harmless and indemnify the City for any and all losses the City may sustain as a result of the actions of the vendor, his employees, or any subcontractors hired as a result of or performing work as a result of an awarded bid.

6. TIME OF THE ESSENCE - Time is of the essence in the performance of a resulting contract. Repeated delays shall be interpreted as failure to meet obligations and shall be cause for cancellation of purchase order.

7. PAYMENTS - Payment will be made after all following conditions have been met:

7.1 As required by the Bidder, a deposit amount can be stated on the proposal which must be approved by the City of Portland prior to executing the purchase order.

7.2 Within 14 days of presentation of an accurate invoice to the applicable department director and completion of project as determined by department director, invoice will be paid.

8. WARRANTY-

The bidder shall supply with the bid package a description of all warranties pertaining to the bid.

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LD #25083 Richland Gym Project

BIDDER INFORMATION FORM

BID PROPOSAL FOR RICHLAND GYM RENOVATION PROJECT

BIDDER NAME:

ADDRESS:

PHONE NUMBER:

EMAIL ADDRESS:

Having examined project drawings and specifications contained herein, the BIDDER submits a PRICE of:

Any Exceptions to the specifications? (Y/N) (If “yes,” please attach explanation to all exceptions.)

BIDDER understands that the bid proposal shall not be withdrawn following the date of the bid proposal opening unless the purchaser has extended the opening date.

BIDDER understands that the BUYER may reject any and all bids and may not negotiate with any BIDDER to reduce or alter the bid proposal price.

In compliance with this Invitation for Bid for the Richland Gym Project, the undersigned offers and agrees to furnish any or all items and/or services, at the price quoted as specified.

Dollars and Cents

My signature below certifies that the accompanying bid is not the result of or affected by, any act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under the Laws of the State of Tennessee or the United States. Furthermore, I understand that fraudulent and collusive bidding is a crime and can result in fines, prison sentences and civil damage awards. I hereby certify that I am authorized to sign this bid for the bidder.

Respectfully Submitted:

Bidder Signature:

Title: Date:

BIDDER INFORMATION FORM 00 00 02

LD #25083 Richland Gym Project

DRUG-FREE WORKPLACE AFFIDAVIT

The undersigned, principal officer of , an employer of five

(5) or more employees contracting with the City of Portland, Tennessee to provide construction services, hereby states under oath as follows:

1. The undersigned is a principal officer of (hereinafter referred to as the “Company”) and is duly authorized to execute this Affidavit on behalf of the Company.

2. The Company submits the Affidavit pursuant to T.C.A. § 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 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

Annotated.

3. The Company is in compliance with T.C.A. § 50-9-113.

Further affiant saith not.

Principal Officer

STATE OF

COUNTY OF

Before me personally appeared

, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the foregoing affidavit for the purposes therein contained.

Witness my hand and seal at office this day of , 20 .

Notary Public

My commission expires:

DRUG-FREE WORKPLACE AFFIDAVIT 00 00 04 PAGE 1 OF 1

LD #25083 Richland Gym Project

BID FORM

Richland Gym Renovation – Portland TN

Acknowledgment

In compliance with the Invitation to Bid for the above-named project, having examined the drawings, specifications, related documents, and the site of the proposed work, and being familiar with all conditions surrounding the construction of the project, the undersigned proposes to furnish all labor, materials, equipment, and services necessary to complete the work in accordance with the Contract Documents, within the time and for the prices stated below.

We acknowledge receipt of Addenda numbered __________ through __________.

We understand the Owner reserves the right to accept or reject any or all bids, to waive informalities, and to award the contract in the best interest of the project.

The undersigned agrees to complete the work within __________ calendar days after the date of the Notice to Proceed. Liquidated damages shall be assessed in the amount of $ _________ per calendar day for each day beyond the contract time, as provided in the Supplementary Conditions.

Project Description

The Richland Gym Renovation consists of the selective demolition and interior renovation of a portion of the existing gymnasium facility. Work includes the complete demolition of the designated interior area and the construction of new spaces consisting of a men's restroom, women's restroom, storage room, and a multipurpose event/conference room.

The project includes all associated architectural, structural, mechanical, electrical, and plumbing work required to complete the renovation, including new interior partitions, doors, finishes, fixtures, and building systems as indicated in the Contract Documents. All work shall be coordinated with the existing building and performed in accordance with the Drawings, Specifications, and applicable codes and regulations.

BID FORM 00 00 06 PAGE 1 of 2 LD #25083 Richland Gym Project

Base Bid

Total Lump Sum Base Bid (Figures): $

Total Lump Sum Base Bid (Written): In the amount of dollars

Authorized Signature

Company Name

Printed Name

Title

Email Address

BID FORM 00 00 06

CONTENTS

INVITATION TO BID

BIDDING REQUIREMENTS

Non-Collusion Affidavit of Prime Bidder

Bidder Affidavit on Compliance with Drug Free

................................................................................2 Bid Bond

A310

Performance and Payment Bond

CONTRACT FORMS & CONDITIONS (WORKING DRAFTS)

Standard Form of Agreement Between Owner and Contractor A101

Performance Bond A312-2010

General Conditions of the Contract for Construction A201-2017

Supplementary Conditions of Contract

TECHNICAL SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

List of Drawing

Sheets

Section 011000, Summary

Section 012100, Allowances

Section 012100, Unit Prices .............................................. Error! Bookmark not defined.

Section 012300, Alternates

Section 012400, Weather Delays

Section 012500, Substitution Procedures

Section 012600, Contract Modification Procedures

Section 012900, Payment Procedures

.............................................................................................6 Section 013100, Project

Management and Coordination .................................................................8 Section

013200, Construction Progress Documentation

Section 013233, Photographic Documentation

Section 013300, Submittal Procedures

Section 014000, Quality Requirements

Section 014200, References

............................................................................................................8 Section 015000, Temporary Facilities and Control...........................................................................6 Section

016000, Product Requirements

...........................................................................................6 Section 017300, Execution

Section 017329, Cutting and Patching

Section 017419, Construction Waste Management and Disposal

...................................................2 Section 017700, Closeout Procedures

Section 017823, Operation and Maintenance

Data

Section 017839, Project Record

Documents

DIVISION 02 – EXISTING CONDITIONS

Section 024119, Selective Demolition

DIVISION 03 – CONCRETE

Section 033000, Cast-In Place Concrete

DIVISION 04 – MASONRY

Section 040523, Masonry Reinforcement and Accessories

Section 041000, Mortar

....................................................................................................................4 Section

042200, Concrete Unit Masonry

DIVISION 05 – METALS

Section 051200, Structural Steel Framing

Section 054216, Non Structural Metal

Framing................................................................................8 Section 055000, Metal

Fabrications

DIVISION 06 – WOOD, PLASTICS, COMPOSITES

Section 061000, General Carpentry

Section 061600, Sheathing ..............................................................................................................8 Section 064600, Wood Trim

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

Section 072100, Thermal Insulation Section 079200, Joint Sealant Section 079500, Expansion Control

DIVISION 08 – OPENINGS

Section 081113, Hollow Metal Doors and Frames

Section 085113, Aluminum Windows .............................................................................................10 Section 087111, Door Hardware ....................................................................................................18 Section 088000, Glazing

DIVISION 09 – FINISHES

Section 092900, Gypsum

Board

Section 095123, Acoustical Tile Ceiling

Section 096100, Concrete Floor Sealer

Section 096513, Resilient Base and Accessories ............................................................................6 Section 096723, Resinous Flooring..................................................................................................8 Section 096813, Tile Carpeting Section 099100, Painting

DIVISION 10 – SPECIALTIES

Section 101400, Signage

Section 102113.17, Phenolic-Core Toilet Compartments

Section 102800, Toilet and Bath Accessories

DIVISION 12 – FURNISHINGS

Section 123216, Manufactured Plastic-Laminate-Clad Casework

DIVISION 22 – PLUMBING

Section 220500, Common Work Results for Plumbing

Section 220510, Plumbing Supports and Anchors

...........................................................................4 Section 220700, Plumbing Insulation

Section 221116, Domestic Water, Waste, and Vent Piping

Section 221119, Domestic Water and Waste Piping Specialties

Section 224000, Plumbing Fixtures

DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

Section 230500, Common Work Results for HVAC

.........................................................................4 Section 230510, HVAC Supports and

Anchors ................................................................................4 Section 230593, Testing, Adjusting, and Balancing

Section 230700, Ductwork Insulation

Section 233100, HVAC Ducts and Casings

Section 233300, Air Duct Accessories

Section 233423, HVAC Power Ventilators

Section 233713, Diffusers, Registers, and Grilles

Section 238113, Packaged Terminal Air Conditioning Units

............................................................2 Section 238200, Unit

Heaters

DIVISION 26 – ELECTRICAL

Electrical Specifications are provided on Sheet E4.00 of the Construction Documents.

Section 16000, General Provisions

Section 16050, Basic Electrical Materials and Methods

Section 16400, Service and Distribution

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INVITATION TO BID 1

INVITATION TO BID

PART 1 – SUMMARY

The City of Portland, TN will receive and publicly open sealed bids at Portland City Hall

Council

Chamber at 100 South Russell Street, Portland, TN 37148, telephone number (615) 325-

6776. This Invitation to Bid (ITB) is subject to the instructions, conditions, specifications, addenda, and any other elements included herein, including those incorporated by reference.

DATE ISSUED: August 11, 2026 – ADVERTISED FOR

BID

BID TITLE: 25083 Richland GYM Renovation

CONTACT PERSON: Tammy Russell

TELEPHONE NUMBER: (615) 587-8769

E-MAIL ADDRESS: trussell@lose.design

All bid responses must be received and acknowledged in the City’s office on or before the day and time listed below, at which time all bids will be publicly opened and read aloud.

SUBMIT BID RESPONSE IN SEALED ENVELOPE TO:

Rachel Slusser

Portland City Hall

100 South Russell Street

Portland, TN 37148

Bid envelope must include the bid title, bid opening date, and the bidder’s name. Bid envelope must also contain information specified in 2.14 of Part 2 below. Failure to provide this information on the envelope may result in the bid not being considered. Do not submit bids by fax or electronically. Bids submitted by fax or electronically cannot be accepted or considered for award. Sealed bids are required.

PRE-BID MEETING DATE:

BID DUE DATE:

Bid QUESTIONS DEADLINE DATE:

BID QUESTION CONTACT:

August 27, 2026 at 9am

Richland GYM

303 Portland

Blvd Portland, TN 37148

INVITATION TO BID 2

September 10, 2026 at 3pm

September 3, 2026 Tammy

Russell

PART 2 – INSTRUCTIONS & CONDITIONS

2.1 Submission – The City is seeking bids for the provision of services set forth in the

Project Scope outlined below, including all project drawings and specifications.

Sealed bids must be received by the City at the location and time indicated in

Part 1. Late bids will not be considered and will be returned unopened.

2.2 Deadline & Late Responses – No bids received after the bid opening date and time will be accepted. Bids postmarked on the bid opening date but received in the

City’s office after the specified time will be considered late and will be returned unopened. The City shall not be responsible for bids that are mailed or sent via private delivery services. The City will not accept bids submitted by fax or electronic mail.

2.3 Organization of Bid & Completeness – Bidder shall submit one (1) original copy of the bid to the City’s office at the address set forth in Part 1. All bids must be sealed, and the envelope clearly marked as indicated in Part 1. Failure to provide requested information on the envelope may result in the bid not being considered.

Each bid shall include the information outlined in Part 4.

Partial or incomplete bids will be rejected. All bid responses should be typewritten. If not typewritten, bids must be written in blue or black ink and clearly legible, and numbers must be expressed in both words and figures.

Erasures, white-outs, typeovers, and other modifications should be initialed.

Bidders are cautioned to verify their bid response prior to submission.

Bidders must allow sufficient time to ensure receipt of the bid. It shall be the sole responsibility of the bidder to have the bid delivered to the City before the bid deadline.

2.4 Signature – All bids must be signed by a duly authorized officer of the company empowered with the legal right to bind the company. A typed name will not be acceptable without accompaniment of the person’s written signature.

Signatures are required where indicated; failure to comply with this requirement shall be cause for rejection of bid.

2.5 Terms & Conditions – The Project Manual, Construction Drawings, and all subsequent addenda represent the Project Scope in its entirety, and the awarded contract will adhere to the requirements outlined therein. Submission of a bid implies

INVITATION TO BID 3

consent to the terms set forth within these documents. The City reserves the right to reject any and all bids, to waive any irregularities in a bid, to make awards to more than one bidder, to accept any part or all of a bid, or to accept the bid (or bids) which, in the judgment of the governing body, is in the best interest of the City.

2.6 Completeness of Invitation to Bid (ITB) – This document constitutes the complete set of specification requirements and ITB. The bidder is responsible for ensuring that all pages and all addenda are received. The City advises all bidders to closely examine this ITB package and immediately direct any questions regarding the completeness of this ITB package and any addenda thereto to the City’s

Contact Person.

2.7 Bid Interpretation (Communication with City) – If additional information is required to make an interpretation of items in this ITB, written questions (including e-mails) will be accepted until five (5) days prior to the bid opening date. All questions regarding the ITB should be addressed ONLY to the Contact Person indicated in Part 1 of this document.

2.8 Site Visit(s) – Bidders are encouraged to conduct a site visit before submitting its bid and should notify the Contact Person identified in Part 1 to make the necessary arrangements.

2.9 Discrepancies, Errors, & Omissions – Any discrepancies, errors, omissions, or ambiguities in this ITB, the specifications, drawings, or addenda (if any) should be reported to the Contact Person. If necessary, a written addendum will be issued to firms on record, and the addendum will be incorporated in the ITB and become part of the contract. The City will NOT be responsible for any oral instructions, clarifications, or other communications, and no such oral communication may be relied on by any bidder.

2.10 Errors – Certain mistakes may be corrected so long as the intended correct bid response is clearly evident. In the event of a disagreement between unit price and extended price, the unit price will control.

2.11 Subcontracting – If any part of the work is, or is to be, subcontracted, the bidder shall provide within the ITB a description of the subcontracting organization and the contractual arrangements made therewith. All subcontractors will be subject to approval by the City. The successful bidder will also furnish the corporate or company name and the names of the officers or principals of said companies proposed as subcontractors by the bidder.

2.12 Bid Modification – Bids may be modified, withdrawn, and/or resubmitted in writing to the City prior to the deadline for bid submission. After this deadline, no withdrawals or resubmissions may be made for any reason.

INVITATION TO BID 4

2.13 Tax Exempt – The City is exempt from federal and state taxes. Upon request, the

City will provide a sales tax exemption certificate to the awarded firm.

Contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations to the

City, nor shall any vendor be authorized to use the City’s Tax Exemption

Number in securing such materials.

2.14 Contractor’s License – Pursuant to Tennessee Code Annotated Title 62, Chapter 6, Part 1, if a bid is $25,000 or above, the bidder must be a licensed contractor as required by the Contractor’s Licensing Act of 1976, Public Chapter No. 822 of the General Assembly of the State of Tennessee as amended. The Bidder shall place its bid in an envelope showing the bidder’s name, license number, expiration date, and that part of classification applying to the bid for the prime contract and the masonry (where the total cost of the masonry portion of the construction project exceeds $100,000, materials and labor), electrical, plumbing, heating, ventilation, and air conditioning contracts (if applicable), on the outside of the envelope containing the bid in accordance with T.C.A. §62-6-

119. Only one (1) contractor in each classification may be listed. Prime contractor bidders who are to perform electrical, plumbing, heating, ventilation, and air conditioning, if applicable to the project, must be so designated upon the outside of the envelope. Bids not conforming to this provision shall not be opened. Failure of any bidder to comply therewith shall void such bid and such bid shall not be considered.

2.15 Documention – The following items must be included as part of the bidder’s response to this solicitation:

A. Performance/Payment Bonds – A performance bond and payment bond, cashier’s check, or letter of credit in the total amount of the bid, along with a corporate surety approved by the City, will be required for the faithful performance of the Contract. The awarded Contractor should utilize the attached performance bond and payment bond or such bonds with equivalent language in a form acceptable to the City.

Attorneys-in-fact who sign the bid bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the Contract is awarded will be required to execute the

Agreement and obtain the performance bond and payment bond within fifteen

(15) days from the date when Notice of Award is delivered to the Bidder. The

Notice of Award shall be accompanied by the necessary agreement. In case of failure of the Bidder to execute the Agreement, the City may, at its option, consider the bidder in default, in which case the bid bond accompanying the proposal shall become the property of the City. Within ninety (90) calendar days of receipt of an acceptable performance bond, payment bond, and agreement signed by the party to whom the agreement was awarded, the City shall sign the agreement and return to such party an executed duplicate of the

INVITATION TO BID 5

agreement. Should the City not execute the agreement within such period, the bidder may by written notice withdraw its signed agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the City.

B. Non-Collusion Affidavit (form attached) – The prime bidder must be able to execute and include with the bid the Non-Collusion Affidavit of Prime Bidder form.

C. Insurance – The selected bidder must be able to provide proof of insurance as stipulated in the General Conditions. The City and Lose Design shall be named as an additional insured entity on the general liability insurance. If contractor provides builder’s risk insurance, the City and Lose Design shall be named insureds on the policy.

D. Drug–Free Workplace (form attached) – Pursuant to T.C.A. §50-9-113, a Bidder must have a Drug-Free Workplace Program that complies with Tennessee

Code Annotated, Title 50, Chapter 9 in effect at the time of submission of its bid, at least to the extent required of governmental entities.

2.16 Permits – The Contractor shall secure all permits, governmental fees, licenses, and inspections necessary for proper execution and completion of the work that are customarily secured after execution of the Contract and are legally required when bids are received.

2.17 Building & Safety Codes/Regulations – The awarded bidder must strictly comply with all federal, state, county, and local laws, rules, codes, and regulations.

Equipment must meet all federal, state, county, and local safety regulations, including, but not limited to, grounding of electrical equipment and lockout/tagout processes.

2.18 Effective Pricing Period – Bids shall remain binding and open for acceptance for ninety (90) days after bid submittal. The successful bidder shall provide in the bid price the cost for services rendered and the various components of equipment, including all parts, labor, accessories, and any other standard equipment, necessary to make these items function as intended. If, in the bidder’s opinion, additional equipment or services are necessary to complete the repairs, this shall be included with explanation in the bid. Bidders must raise any questions regarding inclusion of costs in advance of submitting a bid to the

City.

2.19 Withdrawal of Bid – No bidder may withdraw its bid for a period of ninety (90) days after the date and time set for the opening of the responses. In the event the

City awards a contract to a bidder and during such ninety (90) day period determines that such bidder will be unable to properly perform the contract, the

City reserves the right to terminate the contract and award the contract to the next best offer without being required to readvertise the project.

INVITATION TO BID 6

2.20 Approval Required – No award or acquisition can be made until approved by the City.

The City will not be obligated to bidders for equipment and/or services until the completion of a signed contract approved by authorized officials of the City.

This solicitation does not obligate the City to the eventual rental, lease, or purchase of any equipment or services described, implied, or which may be proposed, until confirmed by a written contract. Progress towards this end is solely at the discretion of the City and may be terminated at any time prior to the signing of a contract.

2.21 Cost of Response – The City will not be liable for any costs incurred by the bidders in preparing a response to this solicitation. Bidders shall submit responses at their own risk and expense. The City makes no guarantee that any equipment or services will be purchased as a result of the solicitation and reserves the right to reject any and all responses. All responses and their accompanying documentation will become the record of the City.

2.22 Contract – All bidders who are awarded contracts pursuant to this ITB agree to be bound by the terms and conditions set forth in the attached contract. If the bidder objects to any contract terms or proposes any additional terms, such objections and terms must be set forth in the bid. Rejection of any proposed contract terms may be a basis for rejection of the bid.

A. Inclusion of ITB – The successful bidder’s response to this ITB shall be included as an addendum to the contract. Should any conflict or discrepancy arise between the ITB and the contract, the contract shall control.

B. Contract Termination – The City reserves the right to cancel the contract in accordance with the construction contract. Cancellation of the contract shall not impair any rights or claim of the City to damages for the breach of any covenants of the contract by the contractor. In addition to any other causes of termination, the awarded contract may be terminated upon any of, but not limited to, the following occurrences:

1. Bankruptcy or insolvency of the bidder or one or more of the bidder’s principal owners;

2. Unauthorized substitution of products other than those identified in the specifications/drawings or specifically approved by the City as a substitute prior to award of the contract;

3. Unsatisfactory performance of products supplied by the bidder or services provided by the bidder;

4. Fraud; and,

5. Any other breach of the terms of the ITB specifications or contract.

INVITATION TO BID 7

C. Contract Modification – The contract may be modified only by written amendment executed by all parties and their signatories hereto. The requirement of written, signed agreement applies, as stated in the construction contract, to all change orders, which shall not arise under any other circumstances, including any verbal authorization or request, any course of conduct, or any cumulative changes.

D. Contract Term – The time period to complete all work is (6) six months from the date of the issuance of the Notice to Proceed. This time period is intended to include submittal reviews; product purchase/deliveries; site and building selective demolitions and new construction; and cleaning of work area. The project completion will be stated when the complex is deemed acceptable and ready for use by the City.

E. Payments – Payments under the contract shall be made upon submittal of an invoice after City performance review and verification of the portion of the services which each payment represents. Final payment shall not be made until verification is complete. Replacement or Repair – No waiver of any provision of the contract shall affect the right

2.23 of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default. The City, at its option and in lieu of immediate termination, may request the awarded bidder replace or repair any defective goods or correct performance by written notice to the contractor. In that event, the contractor shall take corrective action within the amount of time specified by the City in the written notice. Exercise of this option shall not relieve the contractor of any liability to the City for damages for the breach of any covenants of the contract by the contractor.

2.24 Expense of Legal Action – Awarded bidder agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the contract, and in the event the City prevails, awarded bidder shall pay all expenses of such action including the City’s attorney fees and costs at all stages of the legal action.

2.25 Governing Laws – The validity, construction, and effect of the contract, and any and all extensions and/or modifications thereof, shall be governed by the laws of the

State of Tennessee.

2.26 Severability – Should any provision of the contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of the contract. Any action between the parties arising from this agreement shall be maintained in the courts of Tennessee.

INVITATION TO BID 8

2.27 Indemnification & Hold Harmless – Contractor shall indemnify and hold harmless the

City, its officers, agents, and employees, from:

A. Any claims, damages, costs, and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omission of awarded bidder, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of this contract; and

B. Any claims, damages, penalties, costs, and attorney’s fees arising from any failure of awarded bidder, its officers, employees and/or agents, including its sub or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

2.28 Liquidated Damages – Liquidated damages for failure to meet installation and/or supply schedules shall be in the amount of One-Thousand dollars ($1,000.00) per additional calendar day beyond that or as otherwise specified in the construction contract.

2.29 Statutory Disqualification – By submitting a response, it is represented that neither it nor any of its officers, directors, shareholders, member, or partners has been convicted or plead guilty or nolo contender to any violation of the Sherman Anti-

Trust Act, mail fraud, or other state or federal criminal violation in connection with a contract let by the City or any political subdivision of the State of

Tennessee.

2.30 Contractor’s Employment Practices – Bidder, after being first duly sworn, affirms that by its employment policy, standards, and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal, or laying off of any individual due to the individual’s race, creed, color, national origin, age, or sex, and it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

2.31 City’s Employment Practices – It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, the Contractor certifies and warrants it will comply with this policy.

2.32 Conflict of Interest – By submitting a response, it is represented that no officer, committee member, or director of the City or other persons whose duty is to vote for, let out, overlook, or in any manner supervise any work on any contract for the City has a “direct interest”, as defined by T.C.A. §12-4-101, in the bidder or in the work which is subject to this ITB.

2.33 Ethical Standards – The Bidder understands that it shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, INVITATION TO BID 9 or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or bid therefore.

2.34 Breach of Ethical Standards – A breach of ethical standards could result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor under City contracts.

PART 3 – PROJECT SCOPE

3.1 Summary – Work included within the Project Scope shall consist of all material outlined within the Project Manual, Construction Drawings, and subsequent Addenda.

This includes, but is not limited to, the following: A.

a. Selective demolition of the designated portion of the existing gymnasium, including removal of walls, doors, ceilings, flooring, fixtures, finishes, and associated mechanical, electrical, and plumbing systems as indicated.

b. Construction of new interior partitions, doors, frames, and associated hardware.

c. Construction of new men's and women's restrooms, including plumbing fixtures, toilet accessories, partitions, and finishes.

d. Construction of a new storage room.

e. Construction of a new multipurpose event/conference room.

f. Installation of new interior finishes, including flooring, wall finishes, ceilings, and painting.

g. Installation of new mechanical, electrical, plumbing, and fire protection work required for the renovated spaces.

h. Modifications to existing building systems as required to accommodate the renovation.

i. Final cleaning, testing, commissioning (where applicable), and project closeout.

B. Alternate Bid Items which include, but are not limited to all labor, equipment and materials, unless otherwise specified, for construction and installation of:

a.No Alternate Bid Items are included in this Project.

3.2 Description of Contractor Duties – The Contractor shall implement the work as described in the Project Manual, shown on the Project Construction Drawings, INVITATION TO BID 10 or clarified in subsequent Addenda. This also includes adherence to the following general requirements:

A. Preparation of Construction Schedule, including, but not limited to, project milestones, critical pathways, review periods, and holidays;

B. Preparation of regular construction progress reports;

C. Coordination of all site construction activites;

D. Coordination of all utility capping, modification, and shut-off with City and utility companies prior to work;

E. Maintenance of a secure, clean, and orderly site, including, but not limited to:

1. Preventative measures to reduce the amount of dust produced during the work;

2. Maintenance of a broom clean site condition at all times; and,

3. Containment of debris within site and disposal of all waste materials in accordance with all federal, state, county, and local regulations.

3.3 Description of City Duties – City duties include adherence to the following general requirments:

A. Monthly payments to the Contractor based on work progress;

1. Payment shall be issued within thirty (30) days of receipt of payment request.

2. Final payment shall be made only after the Contractor has completely performed its duties under the contract and work has been inspected and accepted by the City.

B. Enforcement of a 5% retainage

PART 4 – BID & SUBMISSION REQUIREMENTS

To aid in a uniform review process and obtain the maximum degree of comparability, the bidder shall submit its completed response organized in the manner specified below:

4.1 Bid Form

4.2 Experience & References – Provide a list and examples of at least five (5) projects with current references. Work examples should be similar in scope and function

INVITATION TO BID 11

of the work identified herein. Reference contact information shall include name, title, and telephone numbers.

4.3 Non-Collusion Affidavit of Prime Bidder

4.4 Bidder Affidavit on Compliance with Drug-Free Workplace Act and Certificate

4.5 Equal Opportunity Clause

4.6 Non-Segregated Facilities

4.7 Byrd Anti-Lobbying Compliance and Certification

4.8 Certification regarding Debarment, Suspension

4.9 Certification regarding Iran Divestment Act

4.10 Certification regarding Title VI

4.11 Certification regarding Certificate of Contractor

Bid Bond of five percent (5%) of the total project value presented within the bid response

4.12

(bidder shall be required to provide 100% of the 5% Performance and Payment

Bond upon award of contract)

4.13 Proof of Insurance (as stipulated in the General Conditions)

PART 5 – EVALUATION

The bid will be awarded to the lowest responsible and responsive bidder. Evaluation of these attributes will be based upon:

5.1 Bidder adherence to the terms and conditions outlined in the ITB.

5.2 Bid response compliance and completeness.

5.3 Review of whether the cost and any proposed terms are, in the City’s judgment, consistent with current market pricing, appropriate for the services provided, and commensurate with the level of quality expected.

INVITATION TO BID 12

5.4 Evidence of the bidder’s ability to fulfill the contract and provide the materials/services promptly or within the time specified without delay or interference.

5.5 The character, integrity, reputation, experience, and efficiency of the bidder.

5.6 Evidence of previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.

5.7 Adherence to the outline and requirements set format set forth in Part 4 for submittal of a bid; and

5.8 Any other information and material that the City deems relevant in evaluating the bidders, including, but not limited to, checking supplied references.

Bidder has attached a list of prior experience and references required in Part 4 of this

Project Manual:

Yes No _

Bidder has attached executed Non-Collusion Affidavit:

Yes No _

Bidder has attached executed Drug-Free Workplace Affidavit:

Yes No _

Bidder has attached executed Equal Opportunity Clause Affidavit:

Yes No _

Bidder has attached executed Non-Segregated Facilities Affidavit:

Yes No _

Bidder has attached executed Byrd Anti-Lobbying Compliance and Certification Affidavit:

Y…