Walking Track Repairs - Lions Park

REQUEST FOR BIDS  The City of Millington, Tennessee, will accept Bids on: BID # 2025 - 02 – WALKING TRACK REPAIRS – LIONS PARK Submit an original and 2 copies of your bid. Detail Specification Sheet and Bid Sheet must be included.  Bid shall be submitted in a sealed envelope marked: “BID # 2025 - 02, WALKING TRACK REPAIRS IN LIONS PARK” Due 10 AM, APRIL 02, 2025 in the lower left-hand corner of the envelope and addressed to City of Millington, 7930 Nelson, Millington, TN 38053. (Bid must be received by the City prior to the time indicated below.) The envelope shall also include the PROPOSER'S NAME and RETURN ADDRESS. Bid shall be opened at 7930 Nelson at 10 AM CDT on APRIL 02, 2025. See Specifications & Bid Submission Form that all must be returned as part of the Bid.Detail Specifications SheetBid Sheet for Bid 2025-2All purchases are F.O.B. Millington, Tennessee. The Successful Bidder shall be prohibited from discriminating against any individual due to his race, creed, color, national origin, age or sex. The City is a recipient of federal and state grant funds. The City may waive any informalities or minor irregularities.  The Board of Mayor and Aldermen is the final authority and shall have the right to reject any single Bid or all Bids submitted.   GENERAL INFORMATION  Bidder shall render any services to be provided pursuant to this agreement in compliance with all applicable Federal, State, and Local laws, ordinances, rules, and regulations. Bidder shall have the capability and capacity in all respects to fulfill the contractual requirements to the satisfaction of the City. Bidder shall provide full firm name and address. Failure to manually sign the bid may disqualify it. Firm name and authorized signature must appear in the space provided on the enclosed “Signature Sheet”. The City will not pay any costs incurred in the bid preparation, printing or demonstration process. All costs shall be borne by the Bidder. The City may award to the lowest bidder at each location, to the lowest bidder overall or may choose not to award the bid. The Bidder, who is selected as the Provider, shall, at its own expense, protect, defend, indemnify, save, and hold harmless the City of Millington and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs, and expenses including, but not limited to, all costs from administrative proceedings, court costs, and attorney fees that the City of Millington and its elected and appointed officers, employees, servants and agents may incur as a result of the acts, omissions, or negligence of the Bidder or its employees, servants, agents or subcontractors that may arise out of the agreement. Selected Vendor will execute a contract with the City before performance of the work. The City’s general contract terms are attached as Exhibit A to this RFP.    DETAIL SPECIFICATIONS  Lions Park – 4376 Oak Spring Drive Clean entire track of all debris.Repave the entire walking trail. Approximately 2,850 sq.yds.Remove concrete parking stops.Mill and transition areas to a depth of 1 1/2” inches, which includes all root areas.Fill low areas with hot asphalt and compact.Apply a tack coat to promote adhesion between layers.Install a durable 411E hot mix wearing surface asphalt, compacted to a depth of 1 1/2” inches.Ensure that all concrete stops are placed back in their original locations.Job site will be cleaned upon completion.Job must be completed by June 30, 2025.Minimum job warranty of (1) year.                      Exceptions to Specifications (Explain below any exceptions):       BID SHEETBID # 2025 - 02 The following Bid is submitted for Walking Track Repairs in Lions Park as detailed in these Specifications. All exceptions to the specifications are clearly indicated on the Bid Specification Pages.  Price for Lions Park – 4376 Oak Spring Drive                               $                                                                                                                    ALL EXCEPTIONS TO SPECIFICATIONS ARE STATED:   YES                                                                                                                  NO     My signature certifies that the bid as submitted complies with all terms and conditions as set forth in, except as noted herein. My signature also certifies that the accompanying bid is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce. I hereby certify that I am authorized to sign as a representative for the Company.    COMPANY NAME  SIGNATURE   COMPANY ADDRESS PRINT NAME & TITLE   INTALLATION TIME FROM AWARD TELEPHONE NO.  E-MAIL ADDRESS                                                                FAX NO.  EXHIBIT A  A. General Requirements Control. All services by the Provider will be performed in a manner satisfactory to the City, and in accordance with the generally accepted business practices and procedures of the City.Provider’s Personnel. The Provider certifies that it presently has adequate qualified personnel to perform all services required under this Contract. All work under this Contract will be supervised by the provider. The Provider further certifies that all of its employees assigned to serve the City have such knowledge and experience as required to perform the duties assigned to them. Any employee of the Consultant who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with services under this Contract.Independent StatusNothing in this Contract shall be deemed to represent that the provider, or any of the provider’s employees or agents, are the agents, representatives, or employees of the City. The Provider will be an independent consultant over the details and means for performing its obligations under this Contract. Anything in this Contract which may appear to give City the right to direct the Provider as to the details of the performance of its obligations under this Contract or to exercise a measure of control over the Provider is solely for purposes of compliance with local, state and federal regulations and means that the Consultant will follow the desires of the City only as to the intended results of the scope of this Contract.It is further expressly agreed and understood by Provider that neither it nor its employees or agents are entitled to any benefits which normally accrue to employees of the City; that the provider has been retained by the City to perform the services specified herein (not hired) and that the remuneration specified herein is considered fees for services performed (not wages) and that invoices submitted to the City by the Provider for services performed shall be on the Consultant’s letterhead.Termination or Abandonment.  It shall be cause for the immediate termination of this contract if, after its execution, the City determines that either:the Provider or any of its principals, partners or corporate officers, if a corporation,  including the corporation itself, has plead nolo contendere, or has plead or been found guilty of a criminal violation, whether state or federal, involving, but not limited to, governmental sales or purchases, including but not limited to the rigging of bids, price fixing, or any other collusive and illegal activity pertaining to bidding and governmental contracting.the Provider has subcontracted, assigned, delegated, or transferred its rights, obligations or interests under this Contract without the City’s consent or approval.the Provider has filed bankruptcy, become insolvent or made an assignment for the benefit of creditors, or a receiver, or similar officer is appointed to take charge of all or part of Provider’s assets.this Contract may be terminated by either party by giving ninety (90) days written notice to the other, before the effective date of termination. In the event of such termination, the Provider shall be entitled to receive just and equitable compensation for any satisfactory work performed as of the termination date; however, the Provider shall not be reimbursed for any anticipatory profits that have not been earned as of the date of termination.all work accomplished by Provider prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and become the sole property of the City prior to payment for services rendered.In the event of termination, Provider agrees to transfer electronically all software, web site functionality and content to City at no additional cost.Notwithstanding the above, the Provider shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Provider and the City may withhold any payments to Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Provider is determined.Subcontracting, Assignment or Transfer. Any subcontracting, assignment, delegation or transfer of all or part of the rights, responsibilities, or interest of either party to this Contract is prohibited unless by written consent of the other party. No subcontracting, assignment, delegation or transfer shall relieve the Provider from performance of its duties under this contract. The City shall not be responsible for the fulfillment of the Provider’s obligations to its transferors or sub-providers. Upon the request of the other party, the subcontracting, assigning, delegating or transferring party shall provide all documents evidencing the assignment.Conflict Of Interest. The Provider covenants that it has no public or private interest, and will not acquire directly or indirectly any interest which would conflict in any manner with the performance of its services. The Provider warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or employee of the City as wages, compensation, or gifts in exchange for acting as officer, agent, employee, sub-provider to the Provider in connection with any work contemplated or performed relative to this contract.Covenant against Contingent Fees. The Provider warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Provider, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Provider any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City will have the right to recover the full amount of such fee, commission, percentage, brokerage fee, gift, or other consideration. Employment of City Workers. The Provider will not engage, on a full or part-time, or other basis during the period of the Contract, any professional or technical personnel who are or have been at any time during the period of the Contract in the employ of the City.General Compliance with Laws. If required, the Provider shall certify that it is qualified and duly licensed to do business in the State of Tennessee and that it will take such action as, from time to time, may be necessary to remain so qualified and it shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this contract.The Provider is assumed to be familiar with and agrees that at all times it will observe and comply with all federal, state, and local laws, ordinances, and regulations in any manner affecting the conduct of the work. The preceding shall include, but is not limited to, compliance with all Equal Employment Opportunity laws, the Fair Labor Standards Act, Occupational Safety and Health Administration (OSHA) requirements, the Americans with Disabilities Act (ADA), and all state and local laws, rules and regulations pertaining to electrical requirements of residential construction and renovation.This contract will be interpreted in accordance with the laws of the State of Tennessee. By execution of this contract the Provider agrees that all actions, whether sounding in contract or in tort, relating to the validity, construction, interpretation and enforcement of this contract will be instituted and litigated in the courts of the State of Tennessee, located in Shelby County, Tennessee, and in no other. In accordance herewith, the parties to this contract submit to the jurisdiction of the courts of the State of Tennessee located in Shelby County, Tennessee.Nondiscrimination. The Provider hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this contract or in the employment practices of the provider on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by Federal, Tennessee State constitutional, or   statutory law. The provider shall upon request show proof of such nondiscrimination, and shall post in conspicuous places available to all employees and applicants notices of nondiscrimination including references to Title VI .Entire Agreement. This contract contains the entire contract of the parties and there are no other promises or conditions in any other contract whether oral or written. This contract supersedes any prior written or oral contracts between the parties.Amendment. This contract may be modified or amended, only if the amendment is made in writing and is signed by both parties.Severability. If any provision of this Contract is held to be unlawful, invalid or unenforceable under any present or future laws, such provision shall be fully severable; and this Contract shall then be construed and enforced as if such unlawful, invalid or unenforceable provision had not been a part hereof. The remaining provisions of this Contract shall remain in full force and effect and shall not be affected by such unlawful, invalid or unenforceable provision or by its severance here from. Furthermore, in lieu of such unlawful, invalid, or unenforceable provision, there shall be added automatically as a part of this Contract a provision as similar in terms to such unlawful, invalid or unenforceable provision as may be possible, and be legal, valid and enforceable.No Waiver of Contractual Right. No waiver of any term, condition, default, or breach of this Contract, or of any document executed pursuant hereto, shall be effective unless in writing and executed by the party making such waiver; and no such waiver shall operate as a waiver of either (a) such term, condition, default, or breach on any other occasion or (b) any other term, condition, default, or breach of this Contract or of such document. No delay or failure to enforce any provision in this Contract or in any document executed pursuant hereto shall operate as a waiver of such provision or any other provision herein or in any document related hereto. The enforcement by any party of any right or remedy it may have under this Contract or applicable law shall not be deemed an election of remedies or otherwise prevent such party from enforcement of one or more other remedies at any time.Matters To Be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract.Subject To Funding. This contract is subject to annual appropriations of funds by the City of Millington. In the event sufficient funds for this contract are not appropriated by the City of Millington for any of its fiscal period during the term hereof, then this contract will be terminated. In the event of such termination, the consultant shall be entitled to receive just and equitable compensation for any satisfactory work performed as of the termination date.Incorporation of Other Documents. Provider shall provide services pursuant to this Contract in accordance with the terms and conditions set forth within the City of Millington Request for Proposal and incorporated herein by reference. It is understood and agreed between the parties that in the event of a variance between the terms and conditions of this Contract and any amendment thereto and the terms and conditions contained either within the Request for Proposals/Bids or the Response thereto, the terms and conditions of this Contract as well as any amendment shall take precedence and control the relationship and understanding of the parties.Incorporation Of Whereas Clauses. The foregoing whereas clauses are hereby incorporated into this contract and made a part hereof.Waiver of Proprietary Interest. Notwithstanding anything to the contrary contained herein or within any other document supplied to City by the provider, provider understands and acknowledges that City is a governmental entity subject to the laws of the State of Tennessee and that any reports, data or other information supplied to City by Consultant due to services performed pursuant to this contract is subject to being disclosed as a public record in accordance with the laws of the State of Tennessee.Organization Status and AuthorityProvider represents and warrants that it is a corporation, limited liability company, partnership, or other entity duly organized, validly existing and in good standing under the laws of the state of Tennessee; it has the power and authority to own its properties and assets and is duly qualified to carry on its business in every jurisdiction wherein such qualification is necessary.The execution, delivery and performance of this contract by the provider has been duly authorized by all requisite action and will not violate any provision of law, any order of any court or other agency of government, the organizational documents of the provider, any provision of any indenture, agreement or other instrument to which the provider is a party, or by which the provider’s respective properties or assets are bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets.Warranty. Provider warrants to the City that all Services shall be in strict compliance with the terms of this contract, and all applicable governmental laws, rules and regulations.Rights in Data. The City of Millington shall become the owner, and the provider shall be required to grant to the City, or its successors, a perpetual, non-exclusive, non-transferable, royalty-free right, in the City’s name, to use any deliverables provided by the provider under this contract, regardless of whether they are proprietary to the provider or to any third parties. B. INDEMNIFICATION AND INSURANCE REQUIREMENTS               Responsibilities for Claims and Liabilities Provider shall indemnify, defend, save and hold harmless the City, and its elected officials, officers, employees, agents, assigns, and instrumentalities from and against any and all claims, liability, losses or damages—including but not limited to Title VII and 42 USC 1983 prohibited acts—arising out of or resulting from any conduct; whether actions or omissions; whether intentional, unintentional, or negligent; whether legal or illegal; or otherwise that occur in connection with or in breach of this Contract or in the performance of the duties hereunder, whether performed by the Provider its sub-providers, agents, employees or assigns. This indemnification shall survive the termination or conclusion of this Contract.Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, defend, save and hold harmless the City or its elected officials, officers, employees, agents, assigns, and instrumentalities as herein provided.The City has no obligation to provide legal counsel or defense to the Provider or its sub-providers in the event that a suit, claim or action of any character is brought by any person not party to this Contract against Provider as a result of or relating to obligations under this Contract.Except as expressly provided herein, the City has no obligation for the payment of any judgment or the settlement of any claims against the Provider as a result of or relating to obligations under this Contract.Provider shall immediately notify the City, c/o Finance Director, 7930 Nelson Rd, Millington, TN 38083 of any claim or suit made or filed against the provider or its sub-providers regarding any matter resulting from or relating to consultant’s obligations under this contract and will cooperate, assist and consult with the City in the defense or investigation thereof.Insurance RequirementsProvider will provide evidence of the following insurance coverage:PROFESSIONAL SERVICES/CONSULTANT PROJECTS LESS THAN $1,000,000Minimum Limits of InsuranceConsultant/provider shall maintain coverage with limits of no less than:Commercial General Liability Insurance $1,000,000 limit per occurrence bodily injury and property damage/$1,000,000 personal and advertising injury/$2,000,000 General Aggregate/$2,000,000 Products-Completed Operations Aggregate. The consultant/provider should indicate in its bid whether the coverage is provided on a claims-made or preferably on an occurrence basis. The insurance shall include coverage for the following:Premises/OperationsExplosion, Collapse, & Underground property coverageProducts/Completed Operations ContractualIndependent ContractorsBroad Form Property CoveragePersonal InjuryBusiness Automobile Liability Insurance - $1,000,000 each accident for property damage and personal injury. Coverage is to be provided on all:Owned/Leased AutosNon-owned AutosHired AutosWorkers Compensation and Employers’ Liability Insurance – Workers Compensation statutory limits as required by Tennessee. This policy should include Employers’ Liability Coverage for $1,000,000 per accident.Professional Liability Insurance - $1,000,000 per claim/$3,000,000 annual aggregate. Indicate if coverage is on occurrence basis or claims-made.The City of Millington shall be named as additional insured. All policies will provide for 30 days written notice to the City of Millington of cancellation or material change in coverage provided. Right to Monitor and Audit - Access to Records. During all phases of the work and services to be provided hereunder the Provider agrees to permit duly authorized agents and employees of the City to enter Provider’s offices for the purpose of inspections, reviews and audits during normal working hours. Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places. The Provider will maintain all books, documents, papers, accounting records, and other evidence pertaining to the fee paid under this Contract and make such materials available at their offices at all reasonable times during the period of this Contract and for three (3) years from the date of payment under this Contract for inspection by the City or by any other governmental entity or agency participating in the funding of this Contract, or any authorized agents thereof; copies of said records to be furnished if requested.