ITB 2026-04 - Roof Replacement - Senior Center - 2026-09-15.pdf

Page | 1 City of La Vergne Invitation to Bid #2026-04

CITY OF LA VERGNE

5093 Murfreesboro Road

La Vergne, Tennessee 37086

INVITATION TO BID

ITB #2026-04

Roof Replacement - La Vergne Senior Center

Bid Due Date:

October 5, 2026, no later than 10:00 a.m. (CST)

The City of La Vergne (“City”) will receive and publicly open sealed bids at La Vergne City Hall for the Roof Replacement - La Vergne Senior Center. This Invitation to Bid is subject to the instructions, conditions, specifications, addenda, and any other elements of this Invitation to Bid, including those incorporated by reference.

If you are an individual with a disability and require a reasonable accommodation, please contact City Administrator, Bruce Richardson, at (615) 287-8634. If you have additional questions regarding this Invitation to Bid, please notify the Maintenance Supervisor, Randy Frost, at (615) 971-4089.

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

SUBMIT BID RESPONSE IN A SEALED ENVELOPE TO:

Bruce Richardson, City Administrator City of La Vergne

La Vergne, Tennessee 37086

Page | 2

Invitation to Bid

Roof Replacement - La Vergne Senior Center

DATE ISSUED: September 15, 2026 CITY CONTACT PERSON: Randy Frost, Maintenance Supervisor

TELEPHONE NUMBER: (615) 971-4089

E-MAIL ADDRESS: rfrost@lavergnetn.gov

Bid envelope must include the bid title, bid opening date, and the bidder’s name. 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 and may be mailed or hand delivered, but must be received on or before the date and time listed. The city is not responsible for delayed mail or courier delivery.

The City reserves the right to reject any or all bids and to waive any irregularities in a bid or in the bidding process. The City reserves the right 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.

The City of La Vergne will not discriminate against any individual for any reason and will provide services to all citizens in a nondiscriminatory manner. It is the intent of the city to fully comply with the provisions of Title VI and Title VII of the Civil Rights Act of 1964. The City is committed to ensure equitable employment practices and the delivery of all city services regardless of an individual's race, color, religion, national origin, age, disability, gender or political affiliation.

All bids must be submitted on the forms provided by the City. All bid responses should be typewritten. If not typewritten, they must be written in ink and clearly legible. All bids must be signed. Failure of a bidder to sign a bid proposal removes the bid from consideration. A typed name will not be acceptable without the person’s written signature. 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.

Bid packet component documents: This bid packet consists of the following documents, which, in total, represent the complete procurement solicitation:

1. Invitation to Bid;

2. Bidder Instructions and Conditions;

3. Specifications;

4. Bid Submittal Form;

5. Bid Contract;

6. Affidavit of Drug-Free Workplace;

7. Affidavit of Title VI Compliance;

8. Affidavit of Non-Collusion; and

9. Indemnification Agreement.

All submittals must include completed and signed copies of the Bid Submittal Form, Bid Contract, Affidavit of Drug-Free Workplace, Affidavit of Title VI Compliance, Affidavit of Non-Collusion, and Indemnification Agreement.

Page | 3

BIDDER INSTRUCTIONS AND CONDITIONS

A. Invitation to Bid

1. The City is interested in receiving as many bids as possible and urges all possible bidders to bid and take exception to any items if necessary.

2. These documents constitute the complete set of specification requirements and bid response forms. The bidder is responsible for insuring that all pages and all addenda are received. The City advises all bidders to closely examine this bid package, and to immediately direct any questions regarding the completeness of this bid package and any addenda thereto to the City’s Contact Person.

3. Any prospective bidder desiring an explanation or interpretation of this Invitation to Bid, drawings, specifications, etc., must request such explanation in a written form received by the contact person no later than two (2) calendar days prior to the bid opening date.

4. There may be one or more amendments to this Invitation to Bid. The City will post any amendments to the city website no later than two (2) calendar days prior to the bid opening date.

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.

B. Bid Responses

1. 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. 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.

3. Bidders must specify manufacturer's name for all products proposed and show the unit price on each individual item as specified. Prices quoted must be the price for new (not reconditioned or remanufactured) merchandise direct from the manufacturer that is free from defects. If bidding a substitute article, a bidder must provide the manufacturer's name, brand, model, make 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.

4. 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 bidder will receive notice of City's determination no later than two (2) 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.

5. 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.

6. 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.

Page | 4

7. Bid responses may only be withdrawn or modified by written notice received and acknowledged by the Purchasing Agent’s Office prior to the date and time for public opening of bids. Late modifications cannot be considered.

8. 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.

9. 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.

10. The bidder must return a completed Drug-Free Workplace Affidavit (Section VI) and a completed Title VI Compliance Survey (Section VII) with the bid.

C. Bid Award

1. Any contract awarded pursuant to this Invitation to Bid shall be awarded to the lowest responsive and responsible bidder whose bid response meets the requirements and criteria set forth in this Invitation to Bid.

A “responsive bidder” means a person who has submitted a bid response, which conforms in all material respects to the Invitation to Bid. 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.

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.

2. 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.

3. The successful bidder shall provide the various components of the Roof Replacement - La Vergne Senior Center. The bid price shall include all parts, labor, accessories and any other standard equipment necessary to make these items function as intended. Pricing for each component shall be effective for one (1) year from date of bid award. If in the bidder’s opinion, additional equipment or services are necessary to make the equipment fully operational; this shall be included with explanation in the bid. It is requested that bidders raise any such questions in advance of submitting a bid to the City. To submit a bid implies consent to the terms as set forth in this bid.

4. Any items bid deemed not of equal and/or better and of comparable quality and similar in design as that specified shall be cause for rejection of bids. In addition to the 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 the Invitation to Bid;

h) Utilization of the format set forth in Section III for submittal of a bid; and, Page | 5

i) Bidder’s past performance with the City.

5. No bidder may withdraw its response for a period of ninety (90) calendar 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.

6. 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.

7. 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).

D. Terms and Conditions

The City’s standard contract is included with this bid package. This agreement shall be signed and notarized (but not dated) by the proper representative and submitted with the bid. 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 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 City Contract terms may be a basis for rejection of the bid. If an award is made, any contract resulting from this Invitation to Bid will be effective on the last 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. 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.

2. Liquidated damages for failure to meet installation and/or supply schedules shall be in the amount of fifty dollars ($50.00) per calendar day.

3. 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.

4. The contract may be modified only by written amendment executed by all parties and their signatories hereto.

5. 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.

6. 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

Page | 6 dispute resolution process, if any.

7. 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.

8. 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.

9. Indemnification:

a) Contractor must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

b) Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

10. Insurance:

a) Workers’ Compensation Insurance: The awarded bidder shall procure and shall maintain during the life of this contract Workers’ Compensation Insurance for all of its employees to be engaged in work on the project under this contract, and in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Workers’ Compensation Insurance.

b) Public Liability and Property Damages Insurance: The awarded bidder shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect it and any subcontractor performing work covered by this contract from claims for damage for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations are by it or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows:

(1) Public Liability Insurance in the amount of not less than $1,000,000.00 on any account of any one accident.

(2) Property Damage Insurance in an amount not less than $500,000.00 for any one damage claim.

(3) Combined Single Limit Public Liability and Property Damage in an amount of not less than

$1,000,000.00 per occurrence.

(4) Proof of Carriage of Insurance. A Certificate of Insurance and endorsement shall be furnished to the

City, and the City of La Vergne shall be named as an additional insured. Copies of insurance policies will be furnished to the City upon request. The City shall be furnished not less than ten (10) days advance notice of material changes or cancellation of insurance policies.

11. 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) calendar 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 Invitation to Bid.

E. Standards

Page | 7

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. 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. 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.

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.

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.

5. Iran Divestment Act – By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to Tennessee Code Annotated §12-12-106 that is found online at: https://tinyurl.com/ykckhmrt.

6. Boycott of Israel Act - By submission of this bid, each bidder and each person signing on behalf of any supplier certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalties of perjury, that to the best of its knowledge and belief that each supplier is not engaged in, and will not for the duration of the contract engage in, a boycott of Israel as provided pursuant to Tennessee Code Annotated, Title 12, Chapter 4, Part 1.” (Note: Applicable only to contracts of $250,000 or more and to suppliers with 10 or more employees.)

F. Payment and Delivery

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.

2. All items must be delivered within thirty (30) calendar days of bid award. Forty-eight (48) hours advance notice should be given prior to delivery and installation. With delivery, installation shall begin and continue day to day until complete.

3. Deliveries of all items shall be made as stated in the bid specifications. In the appropriate blank on the bid response form, the Bidder must indicate the best delivery date after receipt of order. Deliveries resulting from this Invitation to Bid are to be made during the normal working hours of the City. Time is of the essence and the bidder’s delivery date must be specified and adhered to. Should the awarded bidder fail to deliver items on or before its stated date, the City reserves the right to cancel the order or contract. The awarded bidder(s) shall be responsible for making any and all claims against carriers for missing or damaged items.

4. Delivered items 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. The City may return, for full credit and at no expense to the City, any item(s) received which fail to meet the specifications as stated in this

Page | 8

Invitation to Bid.

5. All deliveries made pursuant to this Invitation to Bid, and the contract award, must be made pursuant to 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. Unless otherwise specified in this Invitation to Bid, delivery and freight charges are to be prepaid and included in the bid price.

6. Unless otherwise specified every item bid shall have a manufacturer’s warranty against defects in parts or workmanship for a minimum of one (1) year.

(Remainder of page intentionally left blank.)

Page | 9

SPECIFICATIONS

A. Overview

The City of La Vergne is soliciting bids from qualified roofing contractors for the removal and replacement of the existing metal roofing systems on the La Vergne Senior Center, including the main building and adjacent covered area.

The La Vergne Senior Center is located at 337 Stones River Road, La Vergne, TN 37086.

The work shall include all labor, materials, equipment, tools, supervision, transportation, disposal, and other incidental items necessary to provide a complete and properly installed roofing system as described in these specifications.

Dimensions provided within these specifications are approximate and are intended for general reference only. Each bidder shall be responsible for visiting the site, taking all necessary measurements, verifying existing conditions, and determining the quantities of materials required to complete the work. The City will not be responsible for discrepancies between the approximate dimensions provided and actual field conditions.

All work shall be performed in a professional and workmanlike manner and in accordance with applicable building codes, manufacturer requirements, and generally accepted roofing industry standards.

B. Specifications

1. Main Building Roof - The main building roof is approximately 48 feet by 85 feet. These dimensions are approximate and shall be independently verified by the bidder. Work shall include, but not necessarily be limited to, the following:

a) Remove the existing metal roof sheeting/panels and existing insulation.

b) Remove existing gutters and downspouts.

c) Inspect the exposed roof structure for visible deterioration or damage and immediately notify the City of any conditions that may affect installation of the new roofing system.

d) Install new 4-inch insulation suitable for use with the proposed metal roofing system.

e) Furnish and install new 26-gauge metal roofing panels over the entire roof area.

f) Provide all necessary ridge caps, flashing, closures, fasteners, sealants, trim, and other accessories necessary to provide a complete and watertight roofing system.

g) Furnish and install new gutters and downspouts. New gutters and downspouts shall be appropriately sized for the building and shall generally match or exceed the capacity of the existing system.

h) Direct downspout discharge to existing drainage locations unless otherwise approved by the City.

i) Provide all labor and materials necessary for a complete installation.

Roofing materials shall be installed in accordance with the manufacturer's written installation requirements.

2. Side Covered Area Roof - The side covered area is approximately 34 feet by 98 feet. These dimensions are approximate and shall be independently verified by the bidder. Work shall include, but not necessarily be limited to, the following:

a) Remove the existing metal roof sheeting/panels and existing insulation.

b) Remove existing gutters and downspouts.

c) Inspect the exposed roof structure for visible deterioration or damage and immediately notify the City of any conditions that may affect installation of the new roofing system.

d) Install new 2-inch vapor-barrier insulation suitable for use with the proposed metal roofing system.

e) Furnish and install new 26-gauge metal roofing panels over the entire roof area.

f) Provide all necessary ridge caps, flashing, closures, fasteners, sealants, trim, and other accessories necessary to provide a complete and watertight roofing system.

g) Furnish and install new gutters and downspouts. New gutters and downspouts shall be appropriately sized

Page | 10 for the covered area and shall generally match or exceed the capacity of the existing system.

h) Direct downspout discharge to existing drainage locations unless otherwise approved by the City.

i) Provide all labor and materials necessary for a complete installation.

Roofing materials shall be installed in accordance with the manufacturer's written installation requirements.

3. Metal Roofing Material - The new roofing system shall consist of 26-gauge metal roofing panels appropriate for the building and application. The bidder shall identify in the bid:

• Manufacturer and product proposed;

• Type/profile of metal roofing panel;

• Finish/coating;

• Manufacturer's material warranty; and

• Available standard colors.

Final roof color shall be selected or approved by the City prior to ordering materials.

All roofing panels, trim, flashing, fasteners, closures, sealants, and related components shall be compatible with one another and appropriate for exterior roofing applications.

4. Insulation

Main Building – Provide and install new 4-inch insulation beneath the new metal roofing system.

Side Covered Area – Provide and install new 2-inch vapor-barrier insulation beneath the new metal roofing system.

Insulation shall be new material and shall be properly secured and installed in accordance with the roofing system manufacturer’s recommendations.

5. Gutters and Downspouts – Existing gutters and downspouts associated with the roof areas included in this project shall be removed and replaced. New gutters and downspouts shall:

• Be new materials;

• Be appropriately sized for the roof areas served;

• Be securely attached to the building;

• Provide positive drainage;

• Discharge at existing drainage locations unless otherwise directed or approved by the city; and

• Be compatible in appearance and finish with the new roofing system.

The bidder shall include all necessary hangers, brackets, outlets, elbows, connectors, fasteners, and other accessories required for a complete installation.

6. Removal and Disposal – The contractor shall be responsible for the removal, hauling, and lawful disposal of all roofing materials, insulation, gutters, downspouts, packaging, construction debris, and other waste generated by the project.

The bidder’s base bid shall include debris removal and disposal.

If the bidder is unable to provide debris removal and disposal, this shall be clearly identified as an exception in the bid proposal. The bidder shall specify that the bid price excludes disposal so the City may make separate arrangements for hauling and disposal.

No construction debris shall be permanently stored or disposed of on City property unless specifically authorized by the City.

7. Site Protection and Cleanup - The contractor shall take appropriate precautions to protect the Senior Center, adjacent structures, paved areas, landscaping, vehicles, pedestrians, and other City property during construction.

The contractor shall:

• Maintain the work site in a reasonably clean and safe condition throughout the project;

Page | 11

• Secure loose materials and debris at the end of each workday;

• Prevent roofing materials, fasteners, or debris from creating hazards around the facility;

• Remove nails, screws, metal fragments, and other construction debris from the grounds and paved areas;

• Repair, at the contractor's expense, damage caused by the contractor or its subcontractors; and

• Leave the project site clean and ready for normal use upon completion.

Particular care shall be taken to prevent disruption or hazards to Senior Center patrons and employees.

8. Existing Conditions and Unforeseen Damage – The contractor shall immediately notify the City if deteriorated, damaged, or otherwise unsuitable structural components are discovered after removal of the existing roofing materials.

Work involving repairs to structural framing or other conditions not reasonably visible prior to removal of the existing roofing system shall not proceed without authorization from the City.

Any additional work beyond the original scope shall require written approval by the City before the work is performed.

9. Contractor Responsibilities – The successful bidder shall be responsible for:

a) Field verification of all dimensions and quantities.

b) Providing all labor, supervision, tools, equipment, lifts, scaffolding, safety equipment, and materials necessary to complete the project.

c) Obtaining any permits required for the work.

d) Compliance with all applicable federal, state, and local laws, regulations, building codes, and safety requirements.

e) Coordinating work with the City's designated representative.

f) Protecting the building from water intrusion throughout construction.

g) Maintaining appropriate weather protection during removal and installation.

h) Completing all work necessary to provide a finished, watertight roofing system.

10. Warranties – The bidder shall provide information regarding all warranties applicable to the proposed roofing system. At a minimum, the bid shall identify:

• Manufacturer's warranty on metal roofing materials;

• Manufacturer's warranty on coatings or finishes, if applicable; and

• Contractor's workmanship warranty.

Copies of applicable warranties shall be provided to the City upon completion of the project.

11. Site Visit and Field Verification – Bidders are responsible for familiarizing themselves with the existing conditions prior to submitting a bid.

The approximate dimensions contained in these specifications are provided solely for informational purposes. The successful contractor shall not be entitled to additional compensation based solely upon differences between the approximate dimensions contained in the bid specifications and actual field measurements.

Submission of a bid shall constitute acknowledgment that the bidder has either inspected the project site or has otherwise satisfied itself as to the conditions affecting the work.

12. Required Information – In a separate document, bidders shall include the following information with their bid:

• Proposed roofing manufacturer and product;

• Proposed insulation materials;

• Material warranty information;

• Workmanship warranty;

• Estimated number of calendar days required to complete the project once work begins;

• Anticipated lead time for materials; and

• Any exceptions or deviations from these specifications.

Page | 12

Any exception to the bid specifications shall be clearly identified in the bid. Failure to identify an exception may be interpreted by the City as the bidder’s agreement to comply fully with the specifications.

13. Completion and Acceptance – Upon completion, the contractor shall notify the City that the project is ready for final inspection. Final acceptance will occur after the City has determined that:

• All roofing, insulation, gutters, downspouts, flashing, trim, and accessories have been properly installed;

• The roofing system is complete and watertight;

• Required cleanup has been completed;

• Any damage associated with the contractor's work has been corrected; and

• Required warranty and product information has been provided to the City.

The City reserves the right to require correction of defective or incomplete work prior to final acceptance and payment.

Page | 13

BID SUBMITTAL FORM

A required form from Bidders and Proposers Name of Bidder:

Bid prices must include all costs. Costs shall include all labor, materials, equipment, transportation, removal, debris hauling and disposal, overhead, profit, and other costs necessary to complete the project unless specifically identified otherwise by the bidder. The City is not subject to sales tax.

On a separate page, explain type of warranty, length, coverage provided, bidder and purchaser liabilities and any associated costs. Specify any additions to the warranty coverage above the limits set forth in the attached specifications.

Bidders shall submit with its bid a detailed description and specifications of the product(s).

Item # Description Price

Main Building Roof Replacement $

Side Covered Area Roof Replacement $

Total Base Bid:

Debris Disposal (Please check one)

□ Debris hauling and disposal IS INCLUDED in the Total Base Bid.

□ Debris hauling and disposal IS NOT INCLUDED in the Total Base Bid.

If debris hauling and disposal IS NOT INCLUDED, please explain:

In compliance with this Invitation to Bid, and subject to all conditions thereof, the undersigned agrees that if this bid response is accepted within ninety (90) days from the date of opening, to furnish any or all of the items upon which price(s) are quoted, at the price set opposite each item unless otherwise specified.

Company Name: Telephone Number:

Representative Name:

Title:

Signature:

Email Address:

Date:

Contractor License Number:

Page | 14

BID CONTRACT

A required form from Bidders and Proposers

This Contract is entered into on this _______ day of ___________________, 20____, by and between The City of La Vergne, a Tennessee Municipal Corporation, its elected and appropriate officials, and employees (the “City”) and ______________________________________, (the “Contractor”).

This Contract consists of the following documents:

• This document;

• Invitation to Bid entitled Roof Replacement - La Vergne Senior Center; (the “Solicitation”);

• Contractor’s Bid Submittal Form/Proposal dated __________________ (“Contractor’s

Proposal”);

In the event of conflicting provisions, all documents will be construed according to the following priorities:

• First, any properly executed amendment or change order to this Agreement (most recent amendment or change order given first priority);

• Second, this Agreement;

• Third, the Solicitation; and

• Lastly, Contractor’s Proposal.

1. Purpose. Contractor shall provide and City shall purchase Roof Replacement - La Vergne

Senior Center based on Contractor’s proposal and specifications as set forth in the Solicitation.

2. Term. The term of this Contract shall be as described in the Solicitation. However, in no event shall the term of this Contract last more than five (5) years.

3. Compensation. Compensation shall be as described in the Contractor’s Proposal and the

Solicitation.

4. Copyright, Trademark, Service Mark, or Patent Infringement. Contractor shall, at its own expense, shall defend any legal action which may be brought against City to the extent that it is based on a claim that the products or services furnished infringe a copyright, Trademark, Service Mark, or patent.

Contractor shall further indemnify and hold harmless City against any award of damages and costs made against City by a final judgment of a court of last resort in any such legal action. City shall provide Contractor notice in writing of the existence of such claim and full right and opportunity to conduct the defense thereof, together with all available information and reasonable cooperation, assistance and authority to enable Contractor to do so. City reserves the right to participate in the defense of any such legal action. Contractor shall have the right to enter into negotiations for and the right to effect settlement or compromise of any such action, but no such settlement or compromise shall be binding upon the City unless approved by the City’s mayor and where required the City’s board of mayor and aldermen.

Page | 15

5. Termination - Breach. Should Contractor fail to fulfill in a timely and proper manner its obligations under this Contract or if it should violate any of the terms of this Contract, City shall have the right to immediately terminate the Contract. Such termination shall not relieve Contractor of any liability to City for damages sustained by virtue of any breach by Contractor.

6. Termination - Funding. Should funding for this Contract be discontinued, City shall have the right to terminate the Contract immediately upon written notice to Contractor.

7. Termination - Notice. City may terminate this Contract at any time upon sixty (60) days written notice to Contractor.

8. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local law and regulations in its performance under this Contract.

9. Notices and Designation of Agent for Service of Process. All other notices to the City shall be mailed or hand delivered to:

City Administrator

La Vergne City Hall

La Vergne, TN 37086

Notices to Contractor shall be mailed or hand delivered to:

Contractor designates the following as the Contractor’s agent for service of process and will waive any objection to service of process if process is served upon this agent:

10. Maintenance of Records. Contractor shall maintain documentation for all charges against the 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 the City or its duly appointed representative. The record shall be maintained in accordance with generally accepted accounting principles.

11. Monitoring. The Contractor’s activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by the City or its duly appointed representative.

12. City’s Property. Any of the City’s property, including but not limited to books, records

Page | 16 and equipment, that is in Contractor’s possession shall be maintained by Contractor in good condition and repair, and shall be returned to the City by Contractor upon termination of the Contract. All goods, documents, records, and other work product and property produced during the performance of this Contract are deemed to be City’s property.

13. Modification of Contract. This Contract may be modified only by written amendment executed by all parties and their signatories hereto.

14. 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.

15. 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.

16. 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, or otherwise in violation of law.

17. Non-Discrimination. It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, disability, or other protected class 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. No person shall be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City’s contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or state law; nor shall they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of City’s Contractor.

18. Insurance. During the term of this Contract, Contractor shall maintain liability insurance with limits of not less than described in the Solicitation, as well as automotive insurance policies. A certificate of insurance, in a form satisfactory to the City, evidencing said coverage shall be provided to the City prior to commencement of performance of this Contract. Throughout the term of this Contract, Contractor shall provide an updated certificate of insurance upon expiration of the current certificate.

19. Contingent Fees. Contractor hereby represents that Contractor has not been retained or retained any persons to solicit or secure a City contract upon an agreement or understanding for a contingent commission, percentage, or brokerage fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Breach of the provisions of this paragraph is, in addition to a breach of this Contract, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under City contracts.

Page | 17

20. Gratuities and Kickbacks. 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 therefor. It shall be a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or a person associated therewith, as an inducement for the award of a subcontract or order.

Breach of the provisions of this paragraph is, in addition to a breach of this Contract, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under City contracts.

21. Indemnification and 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 omissions of Contractor, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of the Contract, and,

b. Any claims, damages, penalties, costs and attorney fees arising from any failure of Contractor, 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.

c. Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion the Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that the Contractor may provide.

d. Contractor shall pay the City any expenses incurred as a result of Contractor’s failure to fulfill any obligation in a professional and timely manner under this Contract.

22. 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 the City prevails, Contractor shall pay all expenses of such action including the City’s attorney fees and costs at all stages of the litigation.

23. 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 the 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 CITY ADMINISTRATOR, CITY OF LA VERGNE, LA VERGNE CITY HALL, 5093 MURFREESBORO ROAD, LA VERGNE, TN 37086.

24. Entire Contract. This Contract sets 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.

Page | 18

25. 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 God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

26. Governing Law. The validity, construction and effect of this…