ITB 6879 Pool Resurfacing Cover Sheet.pdf

INVITATION TO BID

CITY OF JOHNSON CITY, TENNESSEE

PURCHASING DEPARTMENT

WWW.JOHNSONCITYTN.ORG/PURCHASING 423/975-2711

Bid Name / Number MEMORIAL PARK COMMUNITY CENTER POOL RESURFACING / #6796

Due Day / Date / Time Monday / Nov. 10. 2025 / 2:30 PM (at which time it will be opened publicly) Bid Location / Mail Address Johnson City Purchasing Department, Debbie Dillon-Director, 209 Water Street, Johnson City, TN 37601 Bid Contact / Telephone Sam Miller sammiller@johnsoncitytn.org or purchasing@johnsoncitytn.org Bid Issue Date October 24, 2025 Project Locations Memorial Park Community Center, 510 Bert St. Johnson City, TN 37601 FOB Destination, freight prepaid and allowed - Johnson City, TN Payment Terms Anticipated Award Date:

Net 30 November 20, 2025

Bidder is responsible for completing the remaining portion of this bid document

ITEM QTY DESCRIPTION TOTAL

Provide all equipment, labor, materials and services as needed to resurface the interior of three pools at Memorial Park Community Center

Lap Pool: $___________________

Therapy Pool: $_________________

Teaching Pool: $________________

Grand Total: $__________________

BID SUBMITTALS:

5% Bid bond

Completed Insurance Checklist & Insurance General Contract Form

Contractors Envelope Form

Drug Free workplace affidavit

Specify project timeframe as this may be an award consideration:

Solicitations will be opened publicly via a simultaneous virtual and in-person meeting.

Join Zoom Meeting: ITB 6796 Memorial Park Community Center Pool Resurfacing Project Virtual Bid Opening;

Meeting ID: 893 2580 6154; Passcode: 599827. If you do not have access to a webcam, or you have no audio with your system, you may call this number to join: (646) 518-9805. Any issues accessing the zoom web meeting please call 423.975.2711 for direct assistance.

Bidder’s Reminder: ● Bid to be signed by authorized company representative; ● Verify prices, extensions and total as correct

By signing this document, the undersigned hereby agrees to the prices and all other terms and conditions, including the attached Sealed Solicitation General Terms & Conditions and the City’s Requirements for Bids, Requests for Proposals, and Contracts Between the City of Johnson City and Other Parties and the Requirements of the Iran Divestment Act and Non-Boycott of Israel Act (Sealed Solicitations General Terms & Conditions #16 & #19) contained in this bid and associated documents relating to this bid and will furnish items as specified if this bid is accepted. 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 complies pursuant to T.C.A. § 12-12-106 & T.C.A. § 12-4-119.

SUBMITTAL INSTRUCTIONS:

Place signed bid response in a sealed envelope plainly identified on the outside with vendor name and bid name and number.

Vendor responsible for delivery to Johnson City Purchasing Dept., Debbie Dillon- Director, 209 Water Street, Johnson City, TN 37601 on or before the bid opening date and time.

Firm Name____________________________________________

By________________________________________________

PRINTED & SIGNED

Address______________________________________________

Telephone_____________________________________________

E-Mail________________________________________________

THIS SHEET MUST BE SIGNED AND RETURNED WITH BID TO BE VALID

http://www.johnsoncitytn.org/PURCHASING mailto:sammiller@johnsoncitytn.org mailto:purchasing@johnsoncitytn.org https://us06web.zoom.us/j/89325806154?pwd=cwnVVjlZaqvN8JjeELr33TJVNHKA5g.1

October 2025

DESCRIPTION OF WORK

The contractor to provide all labor, materials, equipment, supervision and supplies as required to re-plaster the interior of the three pools: the lap pool, teaching pool and therapy pool at MPCC.

GUARANTEE:

Project (work and materials) shall be guaranteed by the Contractor for a period of one (1) year minimum.

LICENSES, FEES, PERMITS

The Contractor is responsible for furnishing the proper licenses, fees, and permits required by law to do business in the City of Johnson City in completion of the requirements stated herein. All work shall be done in accordance with the latest building codes, state and federal laws relative to this project.

SITE VISIT REQUIRED

A site visit is required prior to submitting a bid. Contractor responsible for all measurements.

Contact Sam Miller: sammiller@johnsoncitytn.org to schedule appointment.

INSURANCE

The attached Insurance Checklist (which includes a section for the Insurance agent to fill-out) and

General Contract Form shall be completed and returned with the bid package. Successful vendor shall provide certificate of insurance, as specified, prior to contract release by Purchasing.

DRUG FREE WORKPLACE

All Contractors must execute the enclosed Drug Free Workplace Affidavit to verify compliance with TCA 50-9-113 and return same with quote response. Failure to comply with this requirement will declare that bid non-responsive.

SECTION I – PURPOSE OF THE DRUG & ALCOHOL TESTING PROGRAM

The City of Johnson City recognizes its responsibility to provide safe and efficient operations for our employees, our citizens and the general public. Our commitment to provide safe and efficient operations is shown by the implementation of programs and procedures which ensure compliance with appropriate safety measures, as well as the letter and intent of all applicable laws and regulations. There is sufficient evidence to conclude that the use of illegal drug/alcohol; drug/alcohol dependence and drug/alcohol abuse seriously impairs an employee’s performance and general physical and mental health. The illegal possession and use of drugs, alcohol and/or narcotics by employees of the

City is a crime in this jurisdiction and is clearly unacceptable. Therefore, the City of Johnson City has adopted this written policy to ensure an employee’s fitness for duty as a condition of employment;

to ensure the drug tests and alcohol tests are conducted on safety-sensitive positions in the categories of: pre-employment, random testing, suspicion testing, and return-to-duty testing.

To comply with TCA Title 50 Chapter 9 Part 1, all bidders and/or those proposing to do service with the

City must have a testing program of the same or better than the requirements of the City of Johnson

City.

STATE CONTRACTORS LICENSE (IF QUOTE IS $25,000+)

Contractor must be a licensed contractor in the State of Tennessee, as required by the Contractor's

Licensing Act of 1994, State of Tennessee. The attached “Contractor’s Envelope Form” must be completed and attached to the outermost bid submittal envelope. A copy of Vendor’s State

Contractor’s License shall be included with bid package.

ITB #6879 Memorial Park Community Center Pool Resurfacing Project

BIDDER’S INSTRUCTIONS

mailto:sammiller@johnsoncitytn.org

BID SECURITIES

Bid Bond - Each bid shall be accompanied by a bid bond in the amount of five percent (5%) of the total amount proposed of the highest amount. Bond shall be issued by a surety company licensed to do business in the State of Tennessee. This bond is required as a guarantee that, if the bid is accepted, a contract will be entered into. If the successful bidder fails to execute required contracts, the bid security will be forfeited.

Payment and Performance Bonds - If the total of the project is more than $100,000, Payment and Performance bonds in the amount of 100% of the total are required.

ADDENDA

In the event it becomes necessary to revise any part of this bid, addenda will be issued to all known interested parties and posted on the City’s website. It’s the bidder’s responsibility to check prior to submitting. Any verbal communications are not be binding

REQUIREMENTS FOR BIDS, REQUEST FOR PROPOSALS AND CONTRACTS

This Proposal, and any response to it, includes the City’s “Requirements for Bids, Requests for Proposals, and

Contracts, etc.” and the “Sealed Solicitation General Terms and Conditions” attached hereto and set forth herein as if verbatim

BID WITHDRAWAL DUE TO ERROR

If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid Security will be returned, Thereafter, if the work is rebid or negotiated, that Bidder will be disqualified from further bidding on the project. This provision to withdraw a Bid without forfeiting the Bid security does not apply to Bidder’s error in judgment in preparing the bid.

RIGHTS AND OPTIONS OF THE CITY OF JOHNSON CITY

The City reserves the following rights and options:

Determine those vendors who are most qualified.

Reject any or all submittals, for any reason, at its sole discretion.

Supplement, amend, or otherwise modify this solicitation.

Cancel this solicitation with or without submission of another solicitation.

Reserve the right to request additional information as part of this selection process.

Issue additional solicitations for information and proposals, and conduct investigations with respect to the qualifications of each respondent.

Project Outline The intent and purpose of this request is to secure a Contractor to resurface three pools: the lap pool, teaching pool, and therapy pool, at the City of Johnson City’s Memorial Park Community Center Natatorium located at 510 Bert St., Johnson City, TN 37601. This project is intended to be turnkey, with work to be completed between December 29, 2025, and January 16, 2026.

Pool Dimensions Lap Pool: 3,200 square feet, 135,200 gallons Therapy Pool: 600 square feet, 18,000 gallons Teaching Pool: 600 square feet, 13,500 gallons

Project Scope

The City will drain the pools for the work.

Contractor is to furnish labor, equipment, and materials to re-plaster the interior of the three pools.

Pressure wash/acid wash existing pool surface Cut back along the water line

2” saw cut and demo of existing plaster around all existing tile/skimmers. Saw cuts are to be made adjacent to existing tile, fittings, and other built-ins. Existing surface will be chipped back to allow a new finish and a flush fit.

Sound test floor/walls to ensure surface integrity – remove all failed plaster Repair any cracked areas with high-strength patching material Install cementitious coating to create proper surface bond – BondKote

Provides a roughened surface for improved plaster bonding Install 1/2" to 5/8” of plaster surface material

Standard Plaster Surface (8–12 year service life) The Contractor will be responsible for the initial treatment of the new pool water.

The Contractor shall supply all necessary chemicals, including Calcium Chloride, Sodium Bicarbonate, and Muriatic Acid, for initial water balance and water treatment to prevent staining of the new plaster.

Any damage done to the existing gutter or other pool areas shall be immediately repaired by Contractor at the Contractor’s expense.

Inspection of all interior surfaces, skimmers, steps, railings, ladders, expansion joints, coping, and tile will be performed by the Contractor.

All work should include, at a minimum, a 12-month warranty beginning with the City’s acceptance of the completed project.

All permits are the responsibility of the Contractor.

INSURANCE CHECKLIST

(P&R – MPCC Swimming Pools – Maintenance/Repair)

REQUIRED COVERAGE (marked by “x”) MINIMUM LIMITS

X 1. Worker’s Compensation (proprietor/partners/executive officers exclusion not allowed) . . . . . . . . . . . . . . Statutory limits of Tennessee and Employer's Liability . . . . . . . . . . . . . . . . . . . . . . $100,000/accident, $100,000/disease, $500,000/disease policy limit X 2. Commercial General Liability (including Premises/Operations) . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate X 3. Automobile Liability & Owned/Hired/Non-Owned Vehicles . . . . . . . . . $500,000 BI/PD each accident, Uninsured Motorist

X 4. Independent Contractors . . . . . . . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate X 5. Products/Completed Operations . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate X 6. Contractual Liability . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 CSL BI/PD each occurrence, $1 Million annual aggregate X 7. Personal and Advertising Injury Liability . . . . . . . . . . . . . . . . . . . . . $1,000,000 each offense, $1 Million annual aggregate

8. Umbrella Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million Bodily Injury, Property Damage and Personal Injury

9. Per Project Aggregate

10. Professional Liability

a. Architects and Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

b. Asbestos Removal Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2 Million per occurrence/claim

c. Medical Malpractice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

d. Medical Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

11. Miscellaneous E & O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million per occurrence/claim

12. Motor Carrier Act End. (MCS-90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million BI/PD each accident, Uninsured Motorist

13. Motor Cargo Insurance

14. Garage Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 Million Bodily Injury, Property Damage per occurrence

15. Garagekeepers Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000 Comprehensive, $500,000 Collision

16. Inland Marine-Bailee's Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $_______________

17. Moving and Rigging Floater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to CGL

18. Dishonesty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $_______________

19. Builder's Risk/Installation Floater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provide coverage in the full amount of contract

20. XCU Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to CGL X 21. Carrier Rating shall be Best's Rating of B++V or better or its equivalent X 22. Notice of cancellation, non-renewal or material change in coverage shall be provided to City at least 30 days prior to action. Worker’s Compensation and/or non-payment of premium - notification may be 10 days prior to action.

X 23. The City of Johnson City shall be named as Additional Insured on all policies except Worker’s Compensation and Professional Liability. Policies must be endorsed to incl. on-going & completed operations;

please submit copy of endorsement. (Cert. Holder: City of Johnson City, Attn: Purchasing, P.O. Box 2150, Johnson City, TN 37605. Email: purchasing@johnsoncitytn.org.)

X 24. Certificate of Insurance shall show project number or other contract identifier used by the City.

25. OTHER INSURANCE REQUIRED: __________________________________________________________________

INSURANCE AGENT'S STATEMENT:

I have reviewed the above requirements with the bidder named below. The bidder has coverage with this agency for all of the areas marked with the exception of the following numbers:

_____ _____ _____ _____ _____ _____ Comments: _______________________________________________

Is Professional Liability excluded under General Liability? Yes_____ No_____ Is Contractual Liability excluded under Comm. General Liability? Yes_____ No_____ Is Independent Contractors excluded under Comm. General Liability? Yes_____ No_____

Carrier ratings: Insurer A________; Insurer B________; Insurer C________; Insurer D________

AGENCY NAME: ________________________________ AUTHORIZED SIGNATURE: _____________________________

Date: ______________________________

CONTRACTOR’S STATEMENT:

I have reviewed the above requirements with my insurance agent(s) and, if awarded a contract, will provide all coverage marked.

CONTRACTOR’S NAME: ______________________________ AUTHORIZED SIGNATURE: ___________________________

Date: _____________________________ AUTHORIZED (Printed):

Bid Number: ________________

Bid or Project Name: _____________________________________________

This form and the General Contract Form must be signed and returned with the bid package (if applicable). The Certificate of Insurance must be provided to Purchasing prior to contract award.

Insurance Guide Revised 3/22/2023

GENERAL CONTRACT FORM

The General Contract Form is included in every solicitation requiring insurance. The general requirements of the contract form are supplemented by items checked on the Insurance Checklist that identify specific requirements for the bid or project.

INSURANCE

Review this section carefully with your insurance agent or broker prior to submitting a bid or proposal. See Insurance Checklist (part of the Bid Forms) for specific coverage applicable to this contract. The term “Contract” as used in this section shall mean the Agreement covering the work that is entered into between the City of Johnson City, Tennessee and the Contractor.

1. General Insurance Requirements:

1.1 The Contractor shall not start work under this contract until the Contractor has obtained at its own expense all of the insurance called for hereunder and such insurance has been approved by the City; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor will be granted only after submission to the Director of Purchasing of original, signed Certificate(s) of Insurance, General Contract Form, and Insurance Checklist or, alternately, at the City’s request, certified copies of the required insurance policies.

1.2 No acceptance and/or approval of any insurance by the City shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.

1.3 The City of Johnson City (including its elected and appointed officials, agents, and employees) is to be named as an additional insured under all coverage except Worker’s Compensation and Professional Liability and the Certificate of Insurance or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the City, its elected and appointed officials, agents and employees. The following definition of the term “City” applies to all policies issued under the contract:

“The City of Johnson City, Tennessee together with all of its various departments, bureaus, and agencies, as well as any affiliated or subsidiary board, committee, or authority, including but not limited to the City of Johnson City, Dept. of Education (A.K.A “Johnson City Schools”).”

1.4 The contractor shall provide insurance as specified in the Insurance Checklist contained in this document. In the event that Contractor obtains insurance coverage that is broader than the minimum required by this Agreement, this Agreement shall be deemed to require the broader coverage, including but not limited to any greater limits and any excess or umbrella coverages.

1.5 The Contractor covenants to save, defend, hold harmless and indemnify the City of Johnson City, Tennessee together with its various departments, elected or appointed officials, employees, officers, counsel, agents, and any and all other persons or entities acting on behalf of the same (collectively the City) from and against any and all claims of any sort based upon any theory of liability whatsoever, for any and all harm, loss, damage, injury, cost (including court cost and attorney fees) charges, or other liability of any nature whatsoever, however caused, resulting from or arising out of or in any way connected with the contractors performance or non-performance of the terms of the contract documents or its obligations under the contract based upon any theory of liability whatsoever, including claims brought by third persons, and further covenants to discharge all of the aforesaid persons and entities and forever hold them harmless from the same. The foregoing obligation to indemnify and defend shall continue in full force and effect after the aforesaid contractor completes all of the work required under the contract, until such time as the applicable statutes of limitation or repose have expired.

1.6 The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any description used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission, or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the City.

1.7 Insurance coverage required in these specifications shall be in force throughout the Contract Term. If the Contractor fails to provide acceptable evidence of current insurance within ten days of written notice at any time during the Contract Term, the City shall have absolute right to terminate the Contract without any further obligation to the Contractor and the Contractor shall be liable to the City for the entire additional cost of procuring performance by another vendor and the cost of performing the incomplete portion of the Contract at time of termination. Contractor is required to provide the City with notice of cancellation, non-renewal, or material change in coverage at least thirty (30) days prior to cancellation, non-renewal, or material change in coverage.”

1.8 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the City from supervising or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor.

1.9 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by the Contractor.

1.10 Precaution shall be exercised by the Contractor at all times for the protection of persons (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property.

1.11 If a Contractor cannot meet the insurance requirements contained in a bid, proposal, or project description, alternate insurance coverage may be considered. Written requests for consideration of alternate coverage must be received by the Director of Purchasing at least ten working days prior to the date set for receipt of bids or proposals. If the City denies the request for alternate coverage, the specified coverage will be required to be submitted. If the City permits alternate coverage, an amendment to the Insurance Requirement will be prepared and distributed prior to the time and date set for receipt of bids or proposals.

1.12 All required insurance coverage must be acquired from insurers authorized to do business in the State of Tennessee, and acceptable to the City. The insurers must also have policyholders’ rating of “B++“ or better, and a financial size of “Class V” or better in the latest edition of Best’s Insurance Reports, unless the City grants specific approval for an exception in the same manner as described in 1.11 above.

1.13 The City may consider deductible amounts as part of its review of financial stability. The Contractor shall assume all deductibles.

2. Contractor’s Insurance – Occurrence Basis:

2.1 The Contractor shall purchase the following insurance coverage, including the terms, provisions and limits shown in the Checklist:

Commercial General Liability – The Commercial General Liability policy shall include any or all of the following as indicated on the Checklist:

i. General aggregate limit is to apply per project;

ii. Premises/Operations;

iii. Action of Independent Contractors;

iv. Completed Operation Liability Insurance shall be provided for a period of at least two years after completion of the project;

v. Contractual Liability including protection for the Contractor from claims arising out of liability assumed under this contract;

vi. Personal Injury Liability including coverage for offenses related to employment;

vii. Explosion, Collapse, or Underground (XCU) hazards;

viii. Contractor’s Pollution Liability.

Business Automobile Liability including coverage for any owned, hired, or non-owned motor vehicles, Uninsured Motorists insurance, and Automobile Contractual Liability.

Worker’s Compensation – statutory benefits as required by the State of Tennessee, or other laws as required by labor union agreements, including standard Other States coverage; Employers’ Liability coverage.

3. Commercial General or other Liability Insurance – Claims-made Basis:

If Commercial General or other liability insurance purchased by the Contractor has been issued on a claims-made basis, the Contractor must comply with the following additional conditions. The limits of liability and the extensions to be included as described in the Checklist remain the same. The Contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of three years for Professional Liability; two years for CGL and other Liability, after final payment for the contract. Such certificates shall evidence a retroactive date, no later than the beginning of the Contractors or subcontractors’ work under this contract, or

ii. Purchase an extended (minimum three years for Professional Liability; two years for CGL and other Liability) reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

4. Alternative Coverage (Self Insurance)

Notwithstanding any of the above, the Contractor may satisfy its obligations under this section by means of self-insurance for all or any part of the insurance required, provided that the alternative coverage is acceptable to the City.

5. Limits of Liability Coverage

Specific limits of liability coverage on the Insurance Checklist may be adjusted according to project risk if the adjustment is deemed appropriate and the amended amount is approved by the City Manager.

6. Verification of Compliance

I have read this General Contract Form and agree to all the terms and conditions contained therein.

Contractor’s Name: ____________________________________

EIN or SSN: ____________________________________

Authorized Representative (Printed):

Authorized Representative (Signature): __________________________________

Title: ____________________________________

Date: ____________________________________

This form and the Insurance Checklist must be completed and returned with Certificate of Insurance, as specified, prior to contract award.

STATE CONTRACTORS LICENSING INFORMATION

(TCA TITLE 62, CHAPTER 6).

BID ENVELOPE FORM

THIS FORM MUST BE FIRMLY ATTACHED TO THE OUTSIDE OF THE ENVELOPE

CONTAINING THE BID. NO BID WILL BE CONSIDERED IF THIS FORM IS

INCOMPLETE OR NOT ATTACHED TO THE OUTSIDE OF THE BID ENVELOPE.

IF TOTAL BID IS LESS THAN $25,000- ATTACH AND SPECIFY ON THIS FORM.

NOTE: IF SUBMITTING ELECTRONICALLY THE CONTRACTORS LICENSE FORM

MUST BE A SEPARATE IDENTIFIABLE FILE SO IT CAN BE OPENED FIRST.

PART 1

ALL BIDDERS MUST COMPLETE

TO:

City of Johnson City, Tennessee ITB # 6879 Memorial Park Community Center Pool Resurfacing Project

DUE DATE & TIME:

November 10, 2025 2:30 PM LOCAL TIME

LOCATION: OFFICE OF PURCHASING DIRECTOR,

209 WATER STREET

JOHNSON CITY, TN 37601

NAME OF BIDDER:

ADDRESS OF BIDDER:

FEDERAL ID # OF BIDDER:

LICENSE NO.:

LICENSE CLASSIFICATION

OF BIDDER:

EXPIRATION DATE:

MONETARY LIMITS:

PART 2

BIDDER MUST COMPLETE THIS SECTION IF BELOW IS $25,000+ OR FOR MASONRY $100,000+

(1) ELECTRICAL (2)PLUMBING (3)HVAC (4)GEOTHERMAL (5)MASONRY

A) Name of licensed Electrical contractor:

A) Name of licensed Plumbing contractor:

A) Name of licensed HVAC contractor:

A) Name of licensed Geothermal contractor:

A) Name of licensed Masonry contractor:

B) License #:

B) License #: B) License #: B) License #:

B) License #:

C) License Classification and Limits:

C) License Classification and Limits:

D) License expiration date:

D) License expiration date: D) License expiration date: D) License expiration date: D) License expiration date:

Revised 3/2024

DRUG FREE WORKPLACE AFFIDAVIT

All vendors with five (5) or more employees must execute the attached Drug Free Workplace Affidavit to verify compliance with TCA 50-9-113 and return same with response. Failure to comply with this requirement will declare that submittal non-responsive.

City Of Johnson City, Tennessee - Policy No. HR-131

SECTION I – PURPOSE OF THE DRUG & ALCOHOL TESTING PROGRAM

The City of Johnson City recognizes its responsibility to provide safe and efficient operations for our employees, our citizens and the general public. Our commitment to provide safe and efficient operations is shown by the implementation of programs and procedures which ensure compliance with appropriate safety measures, as well as the letter and intent of all applicable laws and regulations. There is sufficient evidence to conclude that the use of illegal drug/alcohol; drug/alcohol dependence and drug/alcohol abuse seriously impairs an employee’s performance and general physical and mental health. The illegal possession and use of drugs, alcohol and/or narcotics by employees of the City is a crime in this jurisdiction and is clearly unacceptable. Therefore, the City of Johnson City has adopted this written policy to ensure an employee’s fitness for duty as a condition of employment; to ensure the drug tests and alcohol tests are conducted on safety-sensitive positions in the categories of: pre-employment, random testing, suspicion testing, and return-to-duty testing.

To comply with TCA Title 50 Chapter 9 Part 1, all bidders and/or proposers of construction services to the City must have a testing program of the same or better than the requirements of the City of Johnson City.

Revised 10/6/2025

DRUG-FREE WORKPLACE AFFIDAVIT

State of __________________________

County of _________________________

I, ________________________________, being duly sworn, depose, and say that:

1) I am a principal officer of ____________________________, the firm that has submitted the attached or enclosed bid or proposal, my title being _________________________ of the firm; and

2) I have personal knowledge of the policies of the above-named firm with respect to the maintenance of a drug-free workplace; and

3) I certify that all provisions and requirements of the Tennessee Drug-Free Workplace

Program, as established by Tennessee Code Annotated §§ 50-9-113 have been met and implemented.

(Signed) __________________________

(Title) ____________________________

Subscribed and sworn to before me this _____ day of __________________, _______.

Title

My Commission expires _____________________

Complete and return with response package

CITY OF JOHNSON CITY, TENNESSEE

http://www.johnsoncitytn.org/purchasing

SEALED SOLICITATION GENERAL TERMS AND CONDITIONS

Read Carefully - if applicable or unless specifically noted otherwise in the solicitation documents

1. ACCEPTANCE, REJECTION AND POSTPONEMENT

Issuance of a bid/rfp/rfq does not commit the City to make an award. The City reserves the right to postpone or reject any or all bids/rfps/rfqs, to waive informalities and to accept the bid/rfp/rfq judged to be in the best interest of the City.

2. ADDENDA

Addenda will be issued to all known interested parties and posted on the City’s website (listed above). All addenda issued shall become part of the solicitation documents. It is the vendor’s responsibility to determine and acknowledge all addenda issued for a solicitation. No addendum will be issued less than two (2) working days prior to the solicitation opening as per TCA § 12-4-01 , as amended

3. AWARD

An award, if made, shall be to the lowest responsible, responsive bidder(s) or best solicitation meeting quality and performance standards as described in the solicitation documents and whose bid/rfp is determined to be in the best interest of the City. The City also reserves the right to award this product/service based on other contracts in-place (state or cooperative contracts), as may be in our best interest.

4. AWARD PERIOD

The City shall have 60 days to issue a contract. Any contract past that period must be mutually agreed upon by both parties.

5. BID TABULATIONS/RFP/RFQu RESPONSES

Bid tabulations and RFP/RFQu respondent’s lists will be posted and available no later than the next business day on our above website. Select “awarded/opened solicitations”. Award recommendations, when ready, will also be posted there.

6. BRAND NAMES

By referencing a brand name as “or approved equal”, the City intends to establish a minimum level of quality by which alternate offers can be judged.

If an alternate is offered, the vendor must include complete descriptive literature and specifications that clearly describe the item and how it differs from the referenced item. The City alone will determine whether an alternate is equivalent and meets the standards of quality and performance for the City’s use. A sample or demonstration may be required at the expense of the vendor.

7. CONDITION STANDARDS

It is understood and agreed that any item offered or shipped as a result of this solicitation shall be new and unused and the manufacturer’s latest model unless otherwise called for in the solicitation.

8. COOPERATIVE PROCUREMENT BY OTHER GOVERNMENTS “PIGGYBACK”

Other governmental entities in Tennessee may purchase goods and services under the same terms as Johnson City’s contracts or agreements as per T.C.A. § 12-3-1203. Johnson City does not accept any responsibility or involvement in this use by other public agencies.

9. DEFAULT

In case of contractor default or failure to provide material or service according to the solicitation, the City may cancel the contract and acquire from another source and may recover any excess cost by (1) invoice; (2) deduction from an unpaid balance due; (3) collection against the bid and/or performance bond; or (4) a combination of the aforementioned remedies or other remedies provided by law. All costs associated with default will be borne by the contractor. The City reserves the right to remove a company in default from the active vendor list for a time period to be determined by the Director of Purchasing.

10. EQUAL OPPORTUNITY

It is the policy of the City of Johnson City to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 CFR, Part 21; related statutes and regulations to that end that no person shall be excluded from participation in or be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or any other funding source on the grounds of race, color, sex, national origin, or ancestry. By virtue of submitting a response to this solicitation, vendors agree to comply with the same non-discrimination policy.

11. EVALUATION

Bids/RFPs/RFQs will be evaluated according to the criteria set forth in the solicitation with the degree of importance determined by the City.

12. EXAMINATION OF BIDS/RFPS/RFQS

Bids and associated documents may be examined at the opening. Only the name of the respondent is read aloud for RFP’s/RFQu’s. All solicitations are closed for review and inspection during the evaluation period, prior to award.

13. INDEMNIFICATION

The vendor shall guarantee and certify by submitting a response to this solicitation that if successful, they shall indemnify and defend the City against any and all claims or legal actions arising as a result of their performance of the contract, whether or not such claims relate to damages or alleged damages sustained by physical injury to contractors personnel, subcontractors, city employees or other persons, or against any lawsuits arising from alleged or actual patent infringements, and shall hold the City, its various departments, employees, and any and all persons or entities acting on its behalf harmless from the same.

14. INSPECTION

All supplies or materials purchased as a result of this solicitation are subject to inspection and rejection by the City. Rejected materials will be returned at the vendor’s expense.

15. INSURANCE

The contractor shall maintain, at their expense, such insurance as required by the solicitation. Such insurance shall protect the City for claims of damages which may arise during operations under this contract whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by either of them. Any required insurances shall be maintained for the term of the contract and beyond the term of the contract when so required in the solicitation.

16. IRAN DIVESTMENT ACT

Pursuant to Tenn. Code Ann. § 12-12-110 a person that is identified on a list created pursuant to § 12-12-106, as a person engaging in investment activities in Iran as described in . § 12-12-105 shall be ineligible to contract with any political subdivision of this State.

17. LICENSES, FEES, PERMITS

The contractor is responsible for furnishing the proper licenses, fees, and permits required by law to do business with the City of Johnson City in completion of the project. All work shall be done in accordance with the latest building codes, state and federal laws relative to the contract.

18. MULTIPLE ITEM AWARD

The City will determine the successful bidder(s) either on the basis of the individual line items or the total of all items. ALL OR NONE bids must be clearly identified on the bid form and will be considered only if in the City’s best interest.

19. NON-BOYCOTT OF ISRAEL ACT

Pursuant to the Non-Boycott of Israel Act Tenn. Code Ann. § 12-4-119 requires that contracts of $250,000+ to suppliers with 10 or more employees must certify that to the best of its knowledge and belief they are not boycotting Israel pursuant to Tenn. Code Ann. § 12-4-119 and will not during the full term of any award.

http://www.johnsoncitytn.org/purchasing https://law.justia.com/citations.html http://tennessee.gov/generalservices/article/Public-Information-library http://tennessee.gov/generalservices/article/Public-Information-library http://tennessee.gov/generalservices/article/Public-Information-library

20. NON-COLLUSION AGREEMENT

By submitting this solicitation, the agent representing all officers, partners, owners, representatives, employees or interested parties of the vendor’s firm certifies to the best of his/her knowledge and belief this bid/proposal to the City of Johnson City, Tennessee has not been prepared in collusion with any other seller, proprietor, or manufacturer of similar products or services. “Collusive bidding” refers to agreements and/or communications by vendors submitting bids/proposals to cooperate for the purpose of manipulating the competitive solicitation process. The agent also certifies that the prices, terms and conditions of said bid/proposal have been arrived at independently and have not been communicated by the submitter, nor by any of the aforementioned firm associate to any other seller, proprietor, or manufacturer of similar products or services and will not be communicated prior to the official opening of said solicitation. In the event the City of Johnson City identifies a vendor or vendors engaged in collusive bidding, the City of Johnson City may reject future submissions from identified vendor or vendors and/or prohibit future submissions from the same. The agent further states that no official or employee of the City of Johnson City has promised any personal, financial or other beneficial interest, either directly or indirectly, in order to influence award of this solicitation.

21. PARTS AND SERVICE

The successful vendor must be able to provide adequate parts and service for all items awarded. Service location and ability to perform may be a consideration in the award.

22. PAST PERFORMANCE

Vendor’s past performance may be a consideration in the awarding of this contract.

23. PRE-BID MEETING ATTENDANCE

If attendance is mandatory then only those firms whose names are listed on the pre-bid attendance roster are eligible to submit a solicitation.

24. PRICING

All pricing must appear in the spaces provided on the city’s form.. Any changes or corrections by the bidder/proposer must be initialed by the person signing. Unit prices will prevail in case of an extension error. The City will correct math computation errors (unit price & totals). No bid may be altered or amended after the bid opening. Obvious mistakes will be given special consideration upon receipt of written request and full disclosure or evidence regarding pricing error.

25. PROPRIETARY/CONFIDENTIAL INFORMATION

Vendors are hereby notified that all information submitted as part of, or in support of, bids/proposals will be available for public inspection after award, in compliance with Tennessee Statutes and any information marked as confidential will be reviewed for compliance.

26. PROTEST PROCEDURE

Any protest to the award of a contract by the City of Johnson City shall be submitted in writing to the Director of Purchasing with a copy to the City Manager and delivered not later than seven (7) calendar days from the date of the city's award decision (T.C.A. § 12-3-514 ), as amended. Such protest must include a protest bond in the amount of $350 (cashier’s check payable to the City of Johnson City) submitted to the Purchasing Director before the City will consider the protest. This protest bond will serve as a guarantee by the protester of the validity and accuracy of the protest. If the protest is denied by the City Manager the bond will be retained to cover costs associated with the protest.

27. QUESTIONS

No oral interpretations or instructions given by any city employee or any other person shall apply. Changes relative to any solicitation will be in writing, in the form of an addendum.

28. SAFETY STANDARDS

All manufactured items and fabricated assemblies shall comply with applicable requirements of OSHA/TOSHA and any related standards thereto.

29. SAMPLES

Samples, if required, will be furnished at no charge to the City. They will remain in the Purchasing Department for testing and evaluation until an award is made. Vendors are responsible for picking up their samples within two (2) weeks after the award. Samples not collected after that time shall become the property of the City. Samples from the successful vendor will be held until delivery is received and accepted as being equal to the sample.

30. SEALED SOLICITATION OPENINGS

Bids will be read aloud at the specified date and time as stated in the document. RFP’s/RFQ’S respondent names will be read aloud. All openings are public meetings. Bidders/proposers and interested persons are invited to attend. The City reserves the right to postpone any solicitation opening under circumstances warranting such action, including but not limited to instances when the City receives fewer than two responses.

31. SIGNATURES

When submitting a solicitation, other than electronically, the bid/proposal form must contain the full name and address of the company and be signed in Ink by a person authorized to bind that company to a contract. Submission of an electronic solicitation constitutes acceptance of all terms and conditions, digital signatures are allowed. Unsigned paper bids will not be considered, read or tabulated. They may not be signed during or after the bid opening, even if a representative is present.

32. SUBMITTAL OF SEALED BIDS/RFPS/RFQS

Any forms furnished by the city shall be completed and returned as specified in the solicitation, otherwise response may be considered as non-responsive. TELEPHONE, FACSIMILE OR E-MAIL RESPONSES WILL NOT BE ACCEPTED. Electronic receipt of bids/proposals is acceptable for those eligible for online submittal at: https://vrapp.vendorregistry.com/Vendor/Register/Index/johnson-city-tn-vendor-registration. Paper submittals shall be sealed in an envelope. No solicitation received after closing time shall be considered. The official time for paper submittals will be that of the date and time clock in the Purchasing Department. For electronic bids the official time is that posted on the website. Late submittals will not be accepted. The City of Johnson City shall not be responsible for technical difficulties experienced by vendors trying to register or submit their bid/rfp response electronically less than one hour prior to the bid/rfp opening time. If not offering a solicitation response, the vendor is encouraged to complete the ”Statement of Decline” form and return prior to the opening. Any document superfluously provided and not requested in the solicitation document may not be considered.

33. TAXES

The City is exempt from Federal excise tax, State, and city sales tax. Contractors are not exempt from the use tax on materials and supplies used in the production of an item or in the performance of a repair or construction contract. Tax exemption certificates will be furnished upon request.

34. TERM OF CONTRACT

Unless otherwise stated, the City reserves the right to purchase like items at the same contract price for a period of one year from the award date subject to agreement of both parties. The City may cancel any contract for cause, or non-appropriation of funds, following written notification of intent.

35. WARRANTY

Unless otherwise specified by the City, all items shall be guaranteed for a minimum period of one (1) year against defects in material and workmanship.

Revised March 7, 2025 https://law.justia.com/citations.html https://vrapp.vendorregistry.com/Vendor/Register/Index/johnson-city-tn-vendor-registration

REQUIREMENTS FOR BIDS, REQUESTS FOR PROPOSALS, AND CONTRACTS

BETWEEN THE CITY OF JOHNSON CITY

AND OTHER PARTIES

The City of Johnson City has established the following requirements for use in all bids and contracts between the City and any other person or entity. The following list is mandatory and modifies any bid, contract, or request for proposal, or conditions applicable to, signed by, or let by the City, notwithstanding anything contained in any particular conditions, contract, request for proposal, or bid to the contrary.

In general, the following provisions apply to all such contracts, bids, requests for proposals, contracts requiring bids, and bids containing contracts:

1. The City of Johnson City shall not answer to any contracting party for the furnishing of public records to a person requesting such in accordance with Tennessee law.

2. The City, while it may designate in writing a representative on a particular project, shall only be bound by a majority vote of the Board of Commissioners or by the limited authority delegated to the City Manager pursuant to City Ordinance. No personal representative of the City assigned to a particular project may bind it in excess of the dollar amounts granted to the City Manager by Ordinance, and no personal representative assigned to a particular project may bind the City for an amount equal to or less than the dollar amounts granted to the City Manager by Ordinance without the City Manager’s approval.

3. The City shall not in any event waive or limit any claims for damages including but not limited to consequential damages in any contract for any reason or purpose.

4. No decision of an architect, engineer, or personal representative of the City shall be final and binding on the City, unless the City so agrees in any dispute with any party including but not limited to an architect, a contractor, a subcontractor, an engineer, etc. If the City agrees to be bound pertaining to a dispute, then the monetary limits contained in the City’s ordinances regarding the authority of the City Manager shall prevail, and any amounts exceeding the authority of the City Manager shall be referred to the Board of Commissioners for their consideration.

5. The City shall not participate in any mediation or arbitration regarding any agreement to which it is a party, and all matters left unresolved between the City and any other party, person, or entity shall be resolved in a court of competent jurisdiction in either Washington County, Tennessee, or in Federal District Court in Greeneville, Tennessee.

6. No party or other entity shall file a lien of any…