_ITB-43-2025-_Interior_Painting_of_Hobgood_Final_4.28.25.pdf

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:

BID TITLE:

CITY CONTACT PERSON:

TELEPHONE NUMBER:

E-MAIL ADDRESS:

May 6, 2025

ITB-43-2025 – Interior Painting of Hobgood Elementary

Cathy Smith

(615) 849-2629 purchasing@murfreesborotn.gov

All bid responses must be received and acknowledged in the Purchasing Department’s Office on or before the day and time listed below. All bids must be submitted electronically via OpenGov.

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: May 20, 2025

BID OPENING TIME: 3:00 p.m., Central Standard Time

1. INSTRUCTIONS AND CONDITIONS

1.1. Bid Submission to the City of Murfreesboro

The City is seeking bids for “ITB-43-2025 – Interior Painting of Hobgood Elementary” on behalf of Murfreesboro City Schools as set forth in the specifications listed within this bid. Electronic bids will be received by the City of Murfreesboro until 3:00 p.m. CST on May 20, 2025, at which time the bids will be opened via Zoom. A Zoom link will be provided to all those proposers on file as following this ITB.

1.2. Deadline and Late Responses.

No bids received after bid opening date and time will be accepted. The City will accept bids submitted electronically via our procurement portal, OpenGov.

1.3. Organization of Bid and Completeness.

Please submit an electronic bid via our procurement portal, OpenGov, at the website listed in Section 1.37. It shall be the sole responsibility of the bidder to have completed the electronic bid form and uploaded the required documents to the City before the deadline. Partial or incomplete bids will be rejected. 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.

Erasures, whiteouts, and other modifications should be initialed. Bidders are cautioned to verify their bid response prior to submission.

1.4. 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 the person’s written signature as well. Signatures are required where indicated; failure to comply with this requirement shall be cause for rejection of bid. All submitted bids must be binding for a period of ninety (90) calendar days from the bid submission deadline.

1.5. Response to Terms and Conditions.

Unless an exception is taken, the awarded contract will contain the requirements of this Invitation to Bid. In its sole discretion, the City reserves the right to either consider or reject any bid which takes exception to the specifications or attached contract.

1.6. Completeness of Invitation to Bid (“ITB”).

These documents, and those listed on OpenGov, constitute 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 via OpenGov. Any addenda will be posted on OpenGov.

1.7. Bid Interpretation. Communication with the Purchasing Department Cathy Smith is the City’s contact for coordinating communications between the department and vendors submitting bids. If additional information is required in order to make an interpretation of items in this ITB, questions will be accepted until five business (5) days prior (05/13/2025) to the bid opening date by 3:00 p.m. All questions should be submitted through the Question/Answer tab in OpenGov. All questions and all responses will be visible to every bidder.

The City specifically requests that no contact concerning this ITB be made with any other City personnel until the selection process has been completed. Failure to honor this requirement will be viewed negatively in the award process and may result in the disqualification of a bid.

1.8. Discrepancies, Errors, and Omissions.

Any discrepancies, errors, omissions, or ambiguities in this ITB, 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 firms on record and the addendum will be incorporated in the ITB and will 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.

The City of Murfreesboro is not responsible for technical errors or omissions made by prospective bidders during the bid submission process that may result in a bid not being submitted, being submitted incompletely, or being submitted incorrectly. In the case of technical issues that are verified to be a City error, the Purchasing Department will take reasonable steps to resolve the issue so that the process remains fair to all bidders.

1.9. 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.

1.10. Further Negotiation.

The City reserves the right to further negotiate contract terms, after the ITBs are opened at the discretion of the City.

1.11. Economy of Preparation.

The ITB response should be prepared simply and economically, providing a straightforward, concise description of bidder’s capabilities to satisfy the requirements of the ITB. Emphasis should be on completeness and clarity of content.

1.12. 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.

1.13 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.

1.14 Pricing Effective for 90 calendar days.

The successful bidder shall provide in the bid price the cost for services rendered. Pricing shall be effective for 90 calendar days from date of bid award. 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 set forth in this ITB.

1.15 Approval Required.

No award or acquisition can be made until approved by the City Council. 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 in no manner obligates 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.

1.16 Liquidated Damages.

Whereas the Owner will suffer loss of use if the project is not complete on or before July 21, 2025, the Contractor and their Surety shall be liable for and shall pay to the Owner the sum of Two Hundred Dollars ($200.00) as fixed and agreed liquidated damages for each calendar day of delay (in excess of the Contract Completion Date established herein) until the work is substantially complete. The City representative or architect shall verify the date work is substantially complete.

1.17 Consideration of Bid.

Any items proposed deemed not of equal and/or better and of comparable quality as that specified shall be cause for rejection of a bid. In addition to the price, the following aspects will 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 ITB; and

h. Bidder’s past performance with the City.

1.18 Terms and Conditions.

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. The City also 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. The City reserves the right to increase or decrease amounts and/or quantities at its discretion. Quantities have been provided as an approximation and may be estimates of potential purchases and are not necessarily guaranteed initial purchase quantities.

1.19 Withdrawal of Bid.

No bidder may withdraw its bid 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 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 re-advertise the project.

1.20 Cost of Response.

The City will not be liable for any costs incurred by the bidders in preparing a response to this solicitation. Bidders will 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.

1.21 Contract.

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. All bidders who are awarded contracts pursuant to this ITB agree to be bound by the terms and conditions set forth in the sample City Contract provided at the end of this ITB. 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.

1.22 Contract Termination.

The City reserves the right to cancel the contract for the equipment without cost or penalty to the City if, in the City’s opinion, there is a failure at any time by the contractor to adequately perform the contract, or if there is any attempt to willfully impose upon the City a material or product or workmanship which is, in the opinion of the City, of an unacceptable quality. 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. 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 ITB specifications or contract.

1.23 Contract Modification.

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

1.24 Replacement or Repair.

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.

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.

1.25 Expense of Legal Action.

The venue for any legal action shall be in the courts of Rutherford County, Tennessee. 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.

1.26 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.

1.27 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 Rutherford County, Tennessee.

1.28 Indemnification and Hold Harmless.

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. 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.

1.29 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 of Murfreesboro or any political subdivision of the State of Tennessee.

1.30 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.

1.31 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, Contractor certifies and warrants it will comply with this policy.

Bidder must affirm that under its employment policies, standards and practices, it does not subscribe to any personal 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 that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

1.32 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.

1.33 Ethical Standards.

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 bid therefore.

1.34 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.

1.35 Payments.

Payments under the contract shall be made upon submittal of an invoice after performance of the portion of the services which each payment represents. The final payment shall not be made until after the performance is complete.

1.36 Codes & Regulation, Delivery

All services and/or equipment must comply with City, county, state, and federal laws, rules, codes and regulations. The contractor will obtain and pay for all permits, if any, necessary to complete the work. Bid prices shall include delivery of all items F.O.B. destination. The term F.O.B.

destination shall mean delivered and unloaded in-house or on-site service, with all charges for transportation and unloading prepaid by the bidder.

1.37 Bid Registration and Modification.

Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the website: https://secure.opengov.com/portal/murfreesborotn. Bids may be modified, withdrawn, and/or resubmitted in writing to the City via OpenGov prior to the deadline for bid submission. After this deadline, no withdrawals or resubmissions may be made for any reason.

1.38 Iran Divestment Act of Tennessee

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 Tenn. Code Ann. §12-12-106. Bids not conforming with this provision shall not be considered. Failure of any bidder to comply therewith shall void such bid and such bid shall not be considered.

1.39 Non-Boycott of Israel

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 supplier is not boycotting Israel pursuant to Tenn. Code Ann. § 12-4-119 and will not boycott Israel during the term of contract. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.

https://secure.opengov.com/portal/murfreesborotn

1.40 Bid Restrictions.

Bids may not be awarded to any party which is debarred or suspended or is otherwise excluded for participation in federal assistance programs under Executive Order 12549, “Debarment and Suspension.” Any and all bidders, bidder employees, and any sub-contractors and its employees that perform any services at Murfreesboro City Schools must submit to a criminal history records check, at the bidders’ expense, conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation prior to permitting the employee to have contact with students or entering school grounds when students are present. T.C.A. §49-5-413. Bidders are to complete the Criminal Background Compliance Affidavit and return with the bid documents.

1.41 Bidder Compliance.

Bidder covenants that it complies with the Davis-Bacon Act, Fair Wage and Hour Laws, National Labor relations Act, and other federal and state employment laws as applicable. The City of Murfreesboro follows T.C. A. §12-3-1203- Purchases for local governmental units- Any municipality, county, utility district, or other local government unit of the state may, upon request, purchase supplies, equipment, and services for any other municipality, county, utility district, or other local governmental unit.

1.42 Confidentiality of Records.

All educational records created, disclosed or maintained pursuant to the terms of this contract are confidential and shall be created, disclosed and maintained pursuant to the provisions of Family Educational Right to Privacy Act, also known as FERPA (20 U.S.C.A. s1232g), its regulations and Board Policy.

1.43 Background Checks.

Contractor shall comply with T.C.A §49-5-413, which requires all contractors to facilitate a criminal history records check conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation for each employee prior to permitting the employee to have contact with students or enter school grounds when students are present.

1.44 Tobacco Free Policy.

Pursuant to Murfreesboro City School Board Policy 1.803, the use of tobacco and tobacco products, including smokeless tobacco, are prohibited on all of the Murfreesboro City School property.

1.45 Contractor’s License.

Pursuant to Tennessee Code Annotated Title 62, Chapter 6, Part 1, if a bid is $25,000 or above, 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. In accordance with T.C.A. §62-6-119, Bidder shall place their bid in an envelope or provide within the electronic bid document: (1) the bidder’s name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract; (2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract (if applicable) where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000); (3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000);

(4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000); (5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and (6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document. Bids not conforming with this provision shall not be opened. Failure of any bidder to comply therewith shall void such bid and such bid shall not be considered.

1.46 Bonds.

For any construction project for which the bid amount is over $100,000, all Bidders must furnish a Bid Bond in the amount of 5% of the bid amount, a copy of which is to be submitted with their bid.

The original bid bond must be delivered to the Purchasing Department prior to an award being made. Any projects over $100,000 also require a Performance Bond and a Payment Bond, each in the amount of 100% of bidder’s entire obligation under this Agreement, as security for faithful performance and payment.

1.47 Insurance.

During the term of this bid and subsequent contract, the successful bidder must maintain comprehensive general liability insurance with limits of not less than $1,000,000, as well as automotive and workers’ compensation insurance policies. Contractor will provide to the City: (i) a standard certificate of insurance evidencing this coverage prior to commencement of work and upon renewal or expiration of the policies reflected thereupon, (ii) upon request, an endorsement naming the City as additional insured under the terms of the policy as follows: “The City of Murfreesboro, Tennessee, its officers, employees, contractors, consultants, and agents.”

2. SPECIFICATIONS

2.1 Description of Project:

The purpose of this Invitation to Bid (ITB) is to obtain a licensed contractor to paint the interior of Hobgood Elementary, 307 Baird Lane, Murfreesboro, Tennessee. Contractor is responsible for providing all labor, paint, and equipment necessary to paint the property pursuant to the scope of work/specifications listed below. Pricing on the Bid Form must include the application of 1 coat of primer and 2 coats of finish paint to all surfaces to be painted, as identified below.

Please also refer to diagram of area of painting, included as Attachment A.

Please contact Brad Hennessee, 629-543-4581, bhennessee@murfreesborotn.gov, to schedule site visits.

2.2 Scope of Work/Specifications:

Painting Requirements:

• Paintwork includes painting all designated (per attached map) classrooms, hallways, restrooms, library, and any previously painted casework. Highlighted sections on map will NOT be painted.

• Paint color to match “newer” addition. Owner will notify contractor of selected paint color(s) prior to work starting.

• Contractor shall provide adequate protection to floors, glass, cabinets, and all other surfaces not being painted from spills and splatters.

• Before painting, it is the contractor's responsibility to ensure all surfaces being painted are clean and free of any dust or foreign materials.

• Contractor is responsible for moving any/all necessary furniture that needs to be painted behind including but not limited to shelving in Library. This also includes putting furniture back in place once painting is completed.

• Once all paintwork is complete, Contractor shall make sure any drips, splatters, or spills are cleaned up accordingly, as well as the removal of any tape/masking materials used to protect paint from reaching undesired surfaces. Contractor must leave premises in a clean and orderly condition.

• Contractor must fill any cracks or crevices with paintable caulking as needed, and remove any peeling paint then prep area by scraping, sanding, and priming as necessary.

• Contractor is responsible for all measurements

• Each classroom will have an accent wall, and Owner may request an accent wall in the hallways; colors TBD.

• Once surfaces are prepped, they should be primed and painted with two coats.

• Hallways will have wainscoting.

• Laptop/technology cabinets will be unbolted and moved by Murfreesboro City Schools staff.

• Each wing or section areas should be painted completely before going to the next area to give custodial staff adequate time to clean and wax floors during the summer break.

• Contractor is to paint over all murals unless directed otherwise.

• All doors should be able to easily open, close, and latch after final coat.

• Contractor is responsible for locking and securing the building at the end of each workday.

2.3 Insurance:

During the term of this Agreement, the Contractor must maintain comprehensive general liability insurance with limits of not less than $1,000,000, as well as automotive and workers' compensation insurance policies. The Contractor will provide to the City: (i) a standard certificate of insurance evidencing this coverage prior to commencement of work and upon renewal or expiration of the policies reflected thereupon, (ii) upon request, an endorsement naming the City of Murfreesboro as additional insured under the terms of the policy as follows: "The City of Murfreesboro, Tennessee, its officers, employees, contractors, consultants, and agents.”

2.4 Protection of Persons and Property:

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to (1) all employees on the worksite and other persons who may be affected thereby, (2) all the work and all the materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and order of any public authority having jurisdiction for the safety of persons or property or to protect them from change, injury, or loss. All damage or loss to any property caused in whole or in part by the contractor, or anyone directly or indirectly employed by them or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor.

2.5 Contractor’s Liability Insurance:

The Contractor shall purchase and maintain such insurance as will protect them from claims under workers’ compensation acts and other employee benefit acts, from claims for damages to property which may include death, and from claims for damages to property which may arise out of or result from the Contractor's Operations under this contract, whether such operations be by himself or by anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of liability specified as part of this contract, or required by law, whichever is the greater, and shall include contractual liability insurance as applicable to the Contractor's obligation under special conditions.

2.6 Liability:

Contractor is responsible for the instruction, supervision, and implementation of all safety rules and regulations. Contractor is also responsible for following all City ordinances. City of Murfreesboro and Murfreesboro City Schools is not responsible for any damages, injuries, or loss of life, connected with this project.

2.7 Licenses in Tennessee:

The successful bidder shall be a licensed Contractor, licensed to do business in the State of Tennessee.

2.8 Equipment, Tools and Apparatus:

All equipment, tools, and apparatus, etc., must be supplied by the Contractor. City of Murfreesboro will not supply any equipment to contractor to complete work. The Contractor is responsible for the working conditions and safety of all equipment, tools, and apparatus, etc. The Contractor is responsible for moving all furniture that needs to be painted including but not limited to shelving in the Library. This also includes putting furniture back in place one painting is completed.

2.9 Work timeline:

• Work may begin May 30, 2025, or as soon as the contract is executed and must be completed by July 21, 2025.

• After hours/weekend work may be arranged to ensure the desirable project completion date is achieved.

A preconstruction meeting consisting of Contractor and Owner (or Contractor’s Authorized Representative) will be held at the job site one week before starting the work. The Contractor will be responsible for coordinating this meeting.

PURCHASING DEPARTMENT

BID FORM

NAME OF BID: ITB-43-2025

Interior Painting of Hobgood Elementary

Name of Bidder:

Date:

INSTRUCTIONS:

All prices must include all costs. Costs included in the bid prices shall include services rendered and parts, labor, accessories, freight, and any other standard equipment necessary to provide this service. The City is not subject to sales tax. PROVIDE WITH YOUR BID RESPONSE THE NAMES OF ANY SUBCONTRACTORS THAT WILL BE USED TO PERFORM SERVICES FOR THIS BID.

ITEM

NO.

QUANTITY

DESCRIPTION

TOTAL PRICE

Owner’s Contingency 5% (to be used only at the discretion and approval of the Owner)

Total Project

Agreement for

This Agreement is entered into and effective as of ________________ (the “Effective Date”) by and between the City of Murfreesboro, a municipal corporation of the State of Tennessee (the "City"), and __________________________, a limited liability company of the State of ________(“Contractor”).

This Agreement consists of the following documents:

• This document

• ITB-43-2025- Interior Painting of Hobgood Elementary issued May 6, 2025 (the “Solicitation”);

• Contractor’s Proposal, dated _______________________ (“Contractor’s Proposal”);

• Contractor’s Price Proposal, ______________________ (the “Price Proposal”); and

• Any properly executed amendments to this Agreement.

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

• Lastly, Contractor’s Proposal.

1. Duties and Responsibilities of Contractor.

a. Scope of Work. Contractor is engaged by the City to provide the equipment, machinery, material, and other items (“Goods”) and labor (“Services”) to perform the interior painting of Hobgood Elementary at 307 Baird Lane, Murfreesboro, TN in accordance with the Contractor’s Proposal dated _________ and the City ITB dated May 6, 2025 and Price Proposal.

b. Supervision and Superintendence of Work.

1. Contractor will supervise and direct the work efficiently and with Contractor’s best skill and attention. Contractor will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor will be responsible to see that the finished work complies accurately with the Contract documents.

2. Contractor will keep on the work site at all times during work progress a competent resident superintendent. The superintendent will be Contractor’s representative at the site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to Contractor.

c. Labor, Materials, and Equipment.

1. Contractor will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, and all other incidentals necessary for the execution, testing, initial operation, and completion of the work.

2. Contractor will perform the Services using personnel with the requisite skill, experience, and qualifications to complete the tasks set forth in the Scope of Work efficiently and in a professional and skillful manner in accordance with generally accepted industry standards for similar services. The Contractor will at all times maintain good discipline and order at the site.

3. The Goods identified in the Scope of Work will be new, except as otherwise provided it the Contract documents. If required by the City, Contractor will furnish satisfactory evidence as to the kind and quality of materials and equipment.

4. The Goods identified in the Scope of Work shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract documents.

d. Warranty and Guarantee.

1. Contractor warrants that the Goods purchased by the City from Contractor pursuant to this Agreement will conform to the specifications set forth in the Scope of Work; that title to the Goods will pass to the City free of and clear of all liens, claims, security interests, or other encumbrances no later than the time of the City’s payment for the Goods; and that the Goods do not infringe or misappropriate any third party’s patent or other intellectual property rights.

2. With respect to any Goods manufactured by Contractor and sold to the City pursuant to this Agreement, Contractor warrants that such items will be free from any defects in workmanship, material, and design for sixty (60) months from the date the of installation or the longest warranty period offered by Contractor to its customer for such items, whichever is longer. In addition, Contractor hereby assigns to the City the Contractor’s right, title, benefit, and interest in and to any manufacturer warranty associated with any Goods purchased by the City from Contractor pursuant this Agreement, including the Contractor’s right to receive the benefits of and to make claim under any such manufacturer warranty.

3. The Contractor warrants that the Services will be performed in accordance with generally accepted industry standards and warrants the installation of the Goods against defects in workmanship for twelve (12) months from the date of installation or the longest warranty period offered by Contractor to its customer for such work, whichever is longer.

4. The Contractor agrees that all warranties in the Contract documents shall survive acceptance of, delivery of, and payment for, the goods, whether any defects shall be latent or patent, and agrees to indemnify and hold the City harmless from any loss, damage, or other expense, including attorneys’ fees, that the City may suffer as a result of the failure of the Goods or workmanship to be as warranted.

5. The warranties set forth in this section are cumulative and shall not exclude or affect the operation of any other warranty or guaranty provided by law or any greater warranty included in Contractor’s Proposal.

6. The Contractor agrees to correct any defect in the Goods or workmanship that may develop during the period of such warranties at no cost to the City and to the satisfaction of the City.

Upon receipt of notice from City of noncompliance with any warranty set forth in this section or any other warranty provided by law or equity, Contractor shall, at its own cost and expense, within fifteen (15) days: (i) replace or repair the defective or nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or nonconforming goods to the Contractor and the delivery of repaired or replacement Goods to the City; and/or (ii) correct or re-perform the applicable installation work.

e. Subcontractors.

1. Contractor will not employ any subcontractor to perform any of the work required under the Contract documents without first obtaining the written approval of the City’s designated representative to employ the subcontractor.

2. Contractor will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract documents shall create any contractual relationships between any subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any moneys due any subcontractor, except as may otherwise be required by law. The City may furnish to any subcontractor, to the extent practicable, evidence of amounts paid to Contractor on account of specific work done in accordance with the schedule of values.

3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract documents for the benefit of the City.

4. All work performed for Contractor by a subcontractor shall be pursuant to an appropriate written agreement between Contractor and the subcontractor.

f. Permits. Contractor will secure and pay for all construction permits and licenses and will pay all governmental charges and inspection fees necessary for the prosecution of the work, which are applicable at the time of Contractor’s bid. Contractor will also pay all public utility charges.

g. Use of Premises.

1. Contractor will confine Contractor’s equipment, the storage of materials and equipment and the operations of Contractor’s workers to areas permitted by law, ordinances, permits, or the requirements of the Contract documents, and shall not unreasonably encumber the premises with materials or equipment.

2. Contractor will not load nor permit any part of the structure to be loaded with weights that will endanger the structure, nor will Contractor subject any part of the work to stresses or pressures that will endanger it.

h. Safety and Protection.

1. Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to:

a. All employees on the work and other persons who may be affected thereby,

b. All the work and all materials or equipment to be incorporated there, whether in storage on or off the site, and

c. Other property at the site or adjacent property, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

Contractor will comply with all applicable laws, ordinances, rules, regulations and order of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. Contractor will notify the City of adjacent utilities when prosecution of the work may affect them. All damage, injury, or loss to any property referred to in subparagraph (2) or (3) of this section caused directly or indirectly, in whole or in part, by Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by Contractor; except damage or loss attributable to the fault of drawings or specifications or to the acts or omissions of the City or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor.

2. Contractor will designate a responsible member of Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor’s superintendent unless otherwise designated in writing by Contractor to the City.

i. Emergencies. In emergencies affecting the safety of persons or the work or property at the site or adjacent property, Contractor, without special instruction or authorization from the City, is obligated to act, at Contractor’s discretion, to prevent threatened damage, injury or loss.

j. Cleaning Up. Contractor will keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the work, and at the completion of the work Contractor will remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and will leave the site clean and ready for occupancy by the City. Contractor will restore to their original condition those portions of the site not designated for alteration by the Contract documents.

k. Access to the Work. Representatives of the City will at all times have access to the work.

Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing by others.

l. Contractor’s Continuing Obligation. Contractor’s obligation to perform the work and complete the Project in accordance with the Contract documents shall be absolute. Neither any payment by the City to Contractor under the Contract documents, nor any use or occupancy of the Project or any part by the City, nor any act of acceptance by the City nor any failure to do so, nor any correction of defective work by the City shall constitute acceptance of work not in accordance with the Contract documents.

2. Term. The term of this Agreement shall be 53 (fifty-three) days from the Notice to Proceed.

Contractor's services may be terminated in whole or in part:

a. Upon 30-day prior notice, for the convenience of the City.

b. For the convenience of Contractor, provided that Contractor notifies the City in writing of its intent to terminate under this paragraph at least 30 days prior to the effective date of the termination.

c. For cause, by either party where the other party fails in any material way to perform its obligations under this Agreement. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to remedy the problem within 15 days after receiving the notice.

d. Should Contractor fail to fulfill in a timely and proper manner its obligations under this Agreement or if it should violate any of the terms of this Agreement, the City has the right to immediately terminate the Agreement. Such termination does not relieve Contractor of any liability to the City for damages sustained by virtue of any breach by Contractor.

e. Should the appropriation for Contractor’s work be withdrawn or modified, the City has the right to terminate the Agreement immediately upon written notice to Contractor.

3. Price; Compensation; Method of Payment. Contractor will be compensated upon the delivery and acceptance of the goods and services specified in Contractor’s bid submitted in response to ___________________, which reflects a total price of _________________. Any compensation due Contractor under the Agreement shall be made upon submittal of an invoice after performance of the portion of the services which each payment represents. The City agrees to pay Contractor after goods and/or services have been received, accepted, and properly invoiced as indicated in the Agreement and/or purchase order. The final payment shall be made only after Contractor has completely performed its duties under this Contract and the work has been accepted by the City and all work has been approved by an inspector from Facilities Maintenance, if applicable. Invoices must bear the purchase order number. Final payment shall not be made until after performance is complete. All invoices should be sent to:

accountspayable@murfreesborotn.gov.

4. Liquidated Damages. Whereas the Owner will suffer loss of use if the project is not complete on or before July 21, 2025, the Contractor and their Surety shall be liable for and shall pay to the Owner the sum of Two Hundred Dollars ($200.00) as fixed and agreed liquidated damages for each calendar day of delay (in excess of the Contract Completion Date established herein) until the work is substantially complete. The City representative or architect shall verify date that work is substantially complete.

5. Insurance. Contractor must maintain commercial general liability insurance for bodily injury and property damage, automobile liability insurance, and workers’ compensation insurance as required by the State of Tennessee and as specified in Exhibit A hereto. Contractor must name the City and the City of Murfreesboro as an additional insured Contractor must notify the City mailto:accountspayable@murfreesborotn.gov within five days if the insurance policy is renewed, cancelled, or altered in any manner and provide written documentation of such alteration.

6. Payment and Performance Bonds. Contractor must furnish a Performance Bond and a Payment Bond each in the amounts of 100% of the Contract Sum covering the faithful performance and completion of the Agreement and the payment of all obligations arising there under. Bonds shall be issued on a form acceptable to the City by a surety licensed in the State of Tennessee. The Contractor must provide evidence of Bonds prior to the beginning of work. If the Performance and Payment Bonds are not furnished within 30 days of Notice of Award, the Contractor Bid Bond may be forfeited, and the Contract may be awarded to an alternate contractor.