ITB-03-2022_-_Grass_Cutting_and_Landscaping_SRWTP.pdf
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- Attached to
- Grass Cutting and Landscaping SRWTP
- Solicitation number
- ITB-03-2022
- Issued by
- Rutherford County, Newport City, Tennessee
About this file
The document is an Invitation to Bid (ITB) from the City of Murfreesboro, Tennessee, soliciting bids for grass cutting and landscaping services at the Stones River Water Treatment Plant (SRWTP). The ITB, numbered ITB-03-2022, seeks a contractor to provide comprehensive lawn care and landscaping maintenance, including grass cutting, litter pickup, trimming, weed control, landscape maintenance, mulch application, and potential tree and plant replacement. The bid was issued on August 3, 2021, with electronic responses due by August 24, 2021, at 2:00 pm Central Standard Time. The contract term is from October 1, 2021, to June 30, 2022, with the option to renew for up to three additional one-year terms.
The bid specifications outline detailed service requirements, including approximately 30 grass cutting sessions, 12 landscape maintenance visits, and 2 mulching applications per year. Bidders must submit pricing for each service category and provide an hourly replacement rate. The City will evaluate bids based on multiple factors, including price, contractor performance capability, compliance with specifications, and past performance. The City reserves the right to reject any bid and is not obligated to award a contract. The successful bidder will be responsible for performing all specified landscaping tasks at the SRWTP location, with work to be conducted during working hours of 7:00 a.m. to 3:00 p.m. and subject to inspection and approval by the plant manager.
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Text version
THE CITY OF MURFREESBORO
INVITATION TO BID
This Invitation to Bid (ITB) is subject to the instructions, conditions, specifications, addenda, and any other elements of this ITB, including those incorporated by reference.
DATE ISSUED: August 3, 2021
BID TITLE: Grass Cutting and Landscaping SRWTP
CITY CONTACT PERSON: Cathy Smith, Purchasing Director
TELEPHONE NUMBER: (615) 849-2629
EMAIL ADDRESS: purchasing@murfreesborotn.gov
All bid responses must be received and acknowledged in the Purchasing Department’s Office or before the day and time listed below. All bids must be submitted electronically via ProcureNow. Bid documents may be obtained via: https://secure.procurenow.com/portal/murfreesborotn
Bid must include the bid title, bid opening date, and the bidder’s name. Failure to provide this information may result in the bid not being considered. Do not submit bids by fax. Bids submitted by fax cannot be accepted or considered for award.
BID OPENING DATE: August 24, 2021
BID OPENING TIME: 2:00 pm Central Standard Time
INSTRUCTIONS AND CONDITIONS
1.1. Invitation to Bid
1.1.1. The City of Murfreesboro is seeking bids for lawn care for the Stones River Water
Treatment Plant. Electronic bids will be received by the City of Murfreesboro until 2:00 p.m. local time on 08/24/2021 at which time the bids will be opened. A Zoom link will be provided to all those proposers on file following this ITB. Bid documents may be obtained via: https://secure.procurenow.com/portal/murfreesborotn
1.1.2. These documents constitute the complete set of specification requirements and bid response forms. 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 to immediately direct any questions regarding the completeness of this ITB package and any addenda thereto to the City’s contact person.
1.1.3. Any prospective bidder desiring an explanation or interpretation of this ITB, specifications, etc., must request such explanation in a written form received by the contact person no later than five (5) business days prior to the bid opening date.
1.1.4. There may be one or more amendments to this ITB. All amendments and addenda to this bid will be listed on ProcureNow. If you are registered as a vendor with ProcureNow, you will receive copies or notices of any such amendments or addenda.
1.1.5. Any discrepancies, errors, omissions, or ambiguities in this bid, the specifications or addenda (if any) should be reported to the contact person for the City. If necessary, a written addendum will be issued to bidders on record and the addendum will be incorporated in the bid and will become part of the purchase agreement. 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.
1.2. Bid Responses
1.2.1. Bid responses must be submitted electronically via ProcureNow, and include the bid title, bid opening date, and the bidder’s name. Failure to provide this information may result in the bid not being considered.
1.2.2. All bid responses should be typewritten. If not typewritten, they must be written in ink and clearly legible, and numbers must be expressed in both words and figures. All bids must be signed by an individual authorized to bind the bidder. Signatures are required where indicated; failure to comply with this requirement shall be cause for rejection of bid response. Erasures, white-outs and type overs, and other modifications should be initialed. Bidders are cautioned to verify their bid response prior to submission. Failure of a bidder to sign a bid proposal removes that bid from consideration. A typed name will not be acceptable without the person’s written signature.
1.2.3. 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.
1.2.4. Specifications furnished in the request for bid are intended to establish a desired quality or performance level, or other minimum requirements, which will provide the City with the best product available at the lowest possible price. Should the bidder wish to bid on items which exceed the minimum specifications, the bidder is encouraged to attach a separate sheet providing a description of such components.
1.2.5. Return the signed bid response form via ProcureNow.
1.2.6. When applicable, bidders must specify manufacturer's name for all products proposed and show the unit price on each individual item as specified. If bidding a substitute article, a bidder must provide the manufacturer's name, brand, and catalogue reference, specifications for the substituted article, and/or other information that will enable the City to make the determination of similarity, serviceability and suitability of the substitute. The City reserves the right to be the sole judge in making such determination.
1.2.7. If bidding a substitute article, the bidder may, no less than five (5) working days in advance of the bid opening, request a determination from the City whether the substituted item is equal and/or better and of comparable quality as specified. The City will attempt to give the bidder notice of City's determination no later than three
(3) working days in advance of the bid opening. Bidder is not required to seek such pre bid approval, but the bid may be rejected for failure to meet specifications if the proposed substitute is unacceptable to City. Determination that a product is of equal or better quality for the purpose of the bid shall not negate the City’s right to reject or cancel a contract should the substitute product prove unsatisfactory in actual operation.
1.2.8. Where more than one item is listed, any item(s) not bid upon should be indicated “No
Bid”. Any and all items left blank will be considered a “No Bid” for that item.
1.2.9. A bidder desiring to bid “No Charge” for an item must so indicate by writing “no charge” or “N/C”. Bidders shall not leave an item blank since it will be construed as incomplete and may be rejected.
1.2.10. Bid responses may only be withdrawn until bid opening after which time no bids may be withdrawn for a period of ninety (90) days after bid opening.
1.2.11. Bid responses may be modified via ProcureNow prior to the date and time for public opening of bids. Late modifications cannot be considered.
1.2.12. The City will not be liable for any costs incurred by the bidder in preparing a response to this solicitation. Bidders will submit responses at their own risk and expense. All responses and their accompanying documentation will become the record of the City.
1.2.13. The City is exempt from federal and state taxes. Upon request, the City will provide a sales tax exemption certificate to the awarded bidder. Vendors 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.
1.3. Bid Award
1.3.1. Any contract awarded pursuant to this ITB shall be awarded to the lowest responsive and responsible bidder whose bid response meets the requirements and criteria set forth in this ITB. A “responsive bidder” means a person who has submitted a bid response, which conforms in all material respects to the ITB. A “responsible bidder” means a person who has the capacity, reputation and experience in all respects to perform fully the contract requirements and the integrity and reliability, which will assure good faith performance within the time specified without delay or interference.
1.3.2. The City may make such investigations as deemed necessary to determine the ability of the bidder to provide the products and services required by the bid package.
1.3.3. This solicitation in no manner obligates the City to the purchase described, implied or which may be proposed, until confirmed by a written contract. Progress toward this end is solely at the discretion of the City and may be terminated at any time prior to the signing of a contract. The City reserves the right to make revisions to any quantity shown on the bid form dependent upon bid prices and available funding. Prices bid on each item shall be firm regardless of the actual quantity of item(s) purchased.
1.3.4. The successful bidder shall provide lawncare, landscaping, and mulching as specified.
Pricing shall be effective for the term of the contract, which is through June 30, 2022 with the option to renew for up to three additional one-year terms.
1.3.5. Any items bid deemed not of equal and/or better and of comparable quality as that specified shall be cause for rejection of bids. In addition to the lowest price, the following aspects will also be considered in the award of a contract:
a. The ability of the bidder to perform the contract or to provide the material for service required;
b. Whether the bidder can perform the contract and provide the material or service promptly or within the time specified without delay or interference;
c. The character, integrity, reputation, experience and efficiency of the bidder;
d. The previous and existing compliance, by the bidder, with laws and ordinances relating to the contract or service;
e. The ability of the bidder to provide future maintenance and service for the use of the subject contract;
f. Terms and conditions stated in bid;
g. Compliance with specifications or requests for proposal;
h. Utilization of the format set forth in Section 3 for submittal of a bid; and,
i. Bidder’s past performance with the City.
1.3.6. 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.
1.3.7. No bidder may withdraw its response for a period of ninety (90) days after the date and time set for the opening of the responses. In the event the City shall award a contract to a bidder and if during such ninety (90) day period the City 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 re-advertise the Bid.
1.3.8. The contract awarded may be terminated upon any of, but not limited to, the following occurrences: a) bankruptcy or insolvency of the bidder or one or more of the bidder’s principal owners; b) unauthorized substitution of products other than those identified in the specifications or specifically approved by the City as a substitute prior to award of the contract; c) unsatisfactory performance of products supplied by the bidder or services provided by the bidder; d) fraud and e) any other breach of the terms of the bid specifications or contract.
1.3.9. Bidder, by signing and making this bid, does further declare, in determining the prices and/or amounts of the bid, that bidder has not colluded with any other person, firm, corporation or association in arriving at said prices and/or amounts or in any way violated the terms, conditions and/or spirit of the provisions of 15 U.S.C. 1 through 7 (Sherman Anti-Trust Act).
1.4. Terms and Conditions
A representative copy of a City contract is included with this bid package. It immediately follows the Invitation to Bid document. Any bidder who is awarded a contract pursuant to this invitation to bid agrees to be bound by the terms and conditions set forth in the attached City Contract (Attachment A). 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 City Contract terms may be a basis for rejection of the bid. If an award is made, any contract resulting from this ITB will be effective on the date the contract is signed by all required parties.
All bidders who are awarded contracts agree to be bound by these terms and conditions set forth below:
1.4.1. Should awarded bidder fail to fulfill, in a timely and proper manner, its obligations under the contract, or if it should violate any of the terms of the contract, the City shall have the right to immediately terminate the contract upon written notice to the bidder. The City may terminate the contract at any time, with or without cause, upon written notice to bidder. Should funding for the contract be discontinued, the City shall have the right to terminate the contract immediately upon written notice to the awarded bidder.
1.4.2. The City, at its option, and in lieu of immediate termination, may request that the awarded bidder repair or replace any defective goods or correct performance by written notice to awarded bidder. In that event, awarded bidder shall take corrective action within the amount of time specified by the City in the written notice. Exercise of this option shall not relieve awarded bidder of any liability to the City for damages sustained by virtue of awarded bidder’s breach.
1.4.3. The contract may be modified only by written amendment executed by all parties and their signatories hereto.
1.4.4. No waiver of any provision of the contract shall affect the right 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.
1.4.5. 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, expenses, and costs at all stages of the legal action and/or alternative dispute resolution process, if any.
1.4.6. 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.
1.4.7. 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 Rutherford County, Tennessee.
1.4.8. Contractor shall indemnify and hold harmless the City, its officers, agents and employees from: i) 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 ii) 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.
1.4.9. Awarded bidder shall maintain insurance sufficient to cover any claims arising from the acts of the awarded bidder in connection with the performance of this contract and subject to the approval of the City.
1.4.10. The bidder shall furnish to the City all such information and data for this purpose as the City may request. Such information shall be submitted to the City within five (5) days of the City’s written request. The City does hereby expressly reserve the right to reject any and all bid responses, the right to request additional information, the right to clarify bids, the right to award a contract for only some but not all the articles or items in the bid, and does further expressly reserve the right to waive minor irregularities. The City does not warrant or guarantee that a contract will be awarded as a result of this ITB.
1.5. Standards
Bidder, by signing and making this bid, makes the following affirmative declaration and statement as of the date said bid is signed, to wit:
1.5.1. Bidder 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.
1.5.2. 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, Contractor certifies and warrants it will comply with this policy.
1.5.3. 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 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 proposal therefore.
1.5.4. 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.
1.6. Payment and Delivery
1.6.1. Payment will be made by the City after goods and/or services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order.
Invoices must bear the purchase order number.
1.6.2. The contractor shall submit, at the first of each month, an invoice for services provided the previous month. Payment will be made by the 15th of the month for invoices received by the first of the month.
2. BID SPECIFICATIONS
Return the signed specifications sheet along with the signed Bid Response Form.
2.1. Overview
2.1.1. The Stones River Water Treatment Plant located at 5528 Sam Jared Dr., Murfreesboro TN 37130 is seeking bids to maintain grass and landscaping throughout site.
2.2. Specifications
2.2.1. Grass cutting; litter pick up; trimming around tanks, fences, buildings, driveways, sidewalks, and curbs; weed control along fences, walkways, and buildings; and sweeping of sidewalks and paved areas. Blowers may be used for sweeping. Grass cutting along tanks, fences, and buildings shall be no closer than six inches and the rest can be done with weed eater and or with weed killer. (As Needed)
2.2.2. Landscape Maintenance: weeding, chemical applications, removal/chemical application of crack weeds throughout parking and drive lane areas, removal of sucker growth, cleaning dead stalks/grass off of Day Lilly’s, leaf removal, trash removal in beds, and periodic bed edging on an as needed basis. Shrub pruning and Tree limb ups will be conducted at a minimum of 2 times per year. (Monthly or as needed)
2.2.3. Mulch application: a deep edge before new mulch installation, a granular pre-emergent herbicide, and application of red mulch to all existing mulch areas. (Twice a Year)
2.2.4. Tree, bushes, and flower replacement. There may be a time when SRWTP wishes to replace trees, bushes, and flowers and would like an hourly rate to perform these tasks. Trees, bushes, and flowers will be purchased by SRWTP.
2.2.5. The contractor's performance will be subject to review by the plant manager or designee. Contractor's unsatisfactory performance will be just cause for termination of contract. The contractor shall notify the plant staff each time they arrive and sign in before starting work and sign out upon completion. The plant manager or designee will inspect the work and either accept or reject the work.
2.2.6. The contractor shall not damage existing landscape material such as, but not limited to trees, shrubs, herbaceous plants, flowers, etc. The contractor shall not damage any fence or structures. If in the event it is found that damage has occurred due to neglect on the part of the contractor, then the contractor shall be responsible for the replacement cost.
3. BID RESPONSE FORM
Bid Name: ITB-03-2022, 2021-2022 Lawn Care SRWTP
Pricing shall be firm through June 30, 2022 with the option to renew for up to three additional one-year terms. The City is not subject to sales tax.
In compliance with this ITB, and subject to all conditions thereof, the undersigned agrees that if this bid response is accepted within 90 days from the date of opening, to furnish the item upon which price is quoted.
Price Per Cut
Approximately 30 Cuts
Total
1 Grass Cutting $ $ $
Visit Approximately
12 Visits
2 Landscape Maintenance $ $ $
Visit Approximately
2 Visits
3 Mulching $ $ $
Grand Total: $
4 Replacement Hourly rate $
Bidder/Company Name
Signature
Date
SAMPLE CONTRACT
CONTRACT BETWEEN
CITY OF MURFREESBORO
AND
[INSERT CONTRACTOR NAME]
This contract is entered into on this [INSERT DATE], by and between THE CITY OF MURFREESBORO , a municipal corporation of the State of Tennessee ("City") and [INSERT CONTRACTOR NAME], [INSERT TYPE OF ENTITY] of the State of ("Contractor"). This contract consists of the following documents:
• Invitation to Bid issued
• Bid Specifications issued
• Contractor’s Bid Response dated
• This Contract
In the event of conflicting provisions, all documents shall be construed according to the following priorities:
• Any properly executed amendment or change order to this contract (most recent with first priority)
• This Contract
• Invitation to Bid and Bid Specifications
• Contractor’s Bid Response
1. Duties and Responsibilities of Contractor. Contractor agrees to provide, and City agrees to purchase lawn care services as set forth in the attached Bid Form and Specifications as well as Contractor’s Bid Response.
2. Term. This contract shall be effective October 1, 2021 – June 30, 2022. The contract shall be subject to three one-year optional renewals, which may be exercised by the City at least thirty (30) days prior to the expiration of the then-current term by giving notice to Contractor as provided herein.
3. Payment and Delivery.
3.1. Payment will be made by the City after goods and/or services have been received, accepted, and properly invoiced. Invoices must bear the purchase order number.
3.2. Work shall be made as stated in the ITB and bid specifications. Work performance resulting from this ITB are to be made during working hours of 7:00 a.m. until 3:00 p.m. unless other arrangements are agreed upon by the Manager of the Stones River Water Treatment Plant.
Should the Contractor fail to perform work per the ITB or specifications, the City reserves the right to cancel the contract.
3.3. Work will not be considered “accepted” until an authorized agent for the City has, by inspection or test of such items, determined that they fully comply with specifications.
3.4. All work made pursuant to the contract must be made pursuant to the written purchase order of the City. The City assumes no liability for goods and/or services provided without a written purchase order from the City.
4. Price. The price for goods and other items and/or services shall be invoiced at the prices and charges fixed by the Contractor as per the attached bid which reflects a total price of _________________.
5. Taxes. The City of Murfreesboro is exempt from State sales tax and will issue a tax exemption certificate to the Contractor as requested. City shall not be responsible for any taxes that are imposed on Contractor.
Furthermore, Contractor understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to City.
6. Termination—Breach. In the event that any of the provisions of the Contract are violated by the Contractor, the City may serve written notice upon the Contractor of its intention to terminate the Contract, and unless within seventy-two (72) hours after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement for correction be made, the City may immediately terminate the Contract at any time after said seventy-two (72) hours. Such termination shall not relieve Contractor of any liability to City for damages sustained by virtue of any breach by Contractor.
7. Termination—Funding. Should funding for this contract be discontinued, City shall have the right to terminate the contract immediately upon written notice to Contractor.
8. Termination—Notice. City may terminate this contract at any time upon thirty (30) days written notice to Contractor.
9. Compliance with Laws. Contractor agrees to comply with any applicable federal, state and local laws and regulations.
10. Notices.
10.1. Notices to City including but not limited to notice of assignment of any rights to money due to Contractor under this contract must be mailed or hand delivered to the attention of the City Manager, City of Murfreesboro111 West Vine Street, Murfreesboro, Tennessee 37130.
10.2. Notices to Contractor shall be mailed or hand delivered to: [INSERT CONTRACTOR NAME AND
ADDRESS]
11. Maintenance of Records. Contractor shall maintain documentation for all charges against City. The books, records, and documents of Contractor, insofar as they relate to work performed or money received under the contract, shall be maintained for a period of three (3) full years from the date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by City or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles.
12. Modification of Contract. This contract may be modified only by written amendment executed by all parties and their signatories hereto. Depending upon the nature and amount of the amendment, the approval of the City Council may be required. Minor modifications to the contract may be approved by the City Manager.
13. Partnership/Joint Venture. Nothing herein shall in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship of principal and agent between or among any of the parties. None of the parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall become liable for any representation, act or omission of any other party contrary to the terms of this paragraph.
14. Waiver. No waiver of any provision of this contract shall affect the right 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.
15. Employment. Contractor shall not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, or which is in violation of applicable laws concerning the employment of individuals with disabilities.
16. Non-Discrimination. 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, Contractor certifies and warrants it will comply with this policy.
17. Indemnification and Hold Harmless. Contractor shall indemnify and hold harmless City, its officers, agents and employees from:
17.1. Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of Contractor, its officers, employees and/or agents, including its sub or independent Contractors, in connection with the performance of the contract, and,
17.2. Any claims, damages, penalties, costs and attorney fees arising from any failure of Contractor, its officers, employees and/or agents, including it sub or independent Contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.
17.3. Contractor shall pay City any expenses incurred as a result of Contractor’s failure to fulfill any obligation in a professional and timely manner under this Contract.
18. Attorney Fees. Contractor 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 City prevails, Contractor shall pay all expenses of such action including City's attorney fees and costs at all stages of the litigation.
19. Assignment—Consent Required. The provisions of this contract shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Except for the rights of money due to Contractor under this contract, neither this contract nor any of the rights and obligations of Contractor hereunder shall be assigned or transferred in whole or in part without the prior written consent of City. Any such assignment or transfer shall not release Contractor from its obligations hereunder. NOTICE OF ASSIGNMENT OF ANY RIGHTS TO MONEY DUE TO CONTRACTOR UNDER THIS CONTRACT MUST BE SENT TO THE ATTENTION OF THE CITY MANAGER, CITY OF MURFREESBORO, P.O.
BOX 1139, MURFREESBORO, TENNESSEE 37133-1139.
20. Entire Contract. This contract, invitation to bid, bid specifications, and Contractor’s bid response set forth the entire agreement between the parties with respect to the subject matter hereof and shall govern the respective duties and obligations of the parties.
21. Force Majeure. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of war, order of legal authority, act of nature, or other unavoidable causes not attributed to fault or negligence of Contractor.
22. Governing Law. The validity, construction and effect of this contract and any and all extensions and/or modifications thereof shall be governed by the laws of the State of Tennessee. Tennessee law shall govern regardless of any language in any attachment or other document that the Contractor may provide.
23. Venue. Any action between the parties arising from this agreement shall be maintained in the courts of Rutherford County, Tennessee.
24. Severability. Should any provision of this 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 this contract.
25. Notices. Any notice to Contractor from the City relative to any part of the Contract shall be considered delivered and the service thereof completed when said notice is posted by registered mail, to the said Contractor at its last given address or delivered in person to said Contractor or its authorized representative on the work.
25.1. Notices to City shall be sent to:
Department: City of Murfreesboro Attention: City Manager Address: 111 West Vine St.
Murfreesboro, TN 37130
25.2. Notices to Contractor shall be sent to:
Contractor: [INSERT CORRECT INFORMATION] Attention:
Address:
26. Effective Date. This contract shall not be binding upon the parties until it has been signed first by the Contractor and then approved by the City Council and signed by the Mayor. When it has been so signed, this contract shall be effective as of the date first written above.
CITY OF MURFREESBORO CONTRACTOR NAME
By: By:
Shane McFarland, Mayor
Approved as to form:
Adam F. Tucker, City Attorney
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