Renovation of a mixed-use development in Clarksville, Tennessee. Completed plans call for the renovation of a educational facility.

1. The Owner reserves the right to waive any informality or to reject any or all bids. 2. In submitting this bid, you are certifying that you are aware of the requirements imposed by T.C.A. & 49-5-413(d) to conduct criminal background checks through the Tennessee Bureau of Investigation and the Federal Bureau of Investigation on yourself and any of your employees who may come in direct contact with students or who may come on or about school property anytime students are present. You are further certifying that at no time will you ever permit any individual who has committed a sexual offense or who is a registered sex offender to come in direct contact with children or to come on or about school property while students are present. 3. The Bidder (and/or subcontractors) shall be licensed for the classification of work required for this project in accordance with the laws, rules, and regulations in the State of Tennessee. Bidders (and/or subcontractors) shall be licensed as required by the Public Chapter No. 822 (House Bill No. 2180) (Contractors' Licensing Act of 1976." passed March 18, 1976, by the General Assembly of the State of Tennessee, and any subsequent amendments thereto: or any Rules and Regulations promulgated by the State Board for Licensing Contractors and approved by proper legal authority. The entire wording of the Act shall be considered to be included by reference in these Contract Documents. No bid for work or services in Tennessee will be considered, whether Bidder is a resident of Tennessee, or not, until and unless such Bidder can show evidence of a proper current State License. 4. The Bidder and all Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or age. The Bidder shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin or age. Such action shall include, but not be limited to the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection of training, including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of nondiscrimination. The Bidder and Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf; state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or age. 5. The Owner may consider informal any bid not prepared and submitted in accordance with the provision hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No Bidder may withdraw a bid within 45 days after the actual date of the opening thereof. 6. Preparation of Bid Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten in both words and figures. Each bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, his address, his Tennessee Contractor's license number, license expiration date, classifications, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another addressed as specified in the form of bid. 7. Subcontracts The Bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. 8. Method of Bidding The Owner invites the following bid for one prime, lump sum contract for the furnishing of all labor, materials, tools, and equipment required for completion of work specified to be accomplished by the General Contractor. 9. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 10. Bid Security Each bid must be accompanied by cashier's check, certified check or a bid bond, duly executed by the Bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid, if the bid exceeds $25,000.00. Such cashier's checks, certified checks or bid bonds will be returned promptly after the Owner and the accepted Bidder have executed the contract, or, if no award has been made within 45 days after the date of the opening of bids, upon demand of the Bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 11. Liquidated Damages for Failure to Enter Into Contract The successful Bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid shall forfeit to the Owner, as liquidated damages for such failure the security deposited with his bid. 12. Notice to Proceed The Bidder shall commence work as called for in these plans and specifications upon written Notice to Proceed from the Owner. 13. Conditions of Work Each Bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Bidder in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 14. Addenda and Interpretations No interpretation of the meaning of the plans, specifications, or other pre-bid documents will be made to any Bidder orally. Every request for such interpretation should be in writing by email to Tommy.Butler@cmcss.net, and to be given consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretation and any supplemental instructions will be in the form of written addenda to the specifications, which if issued, will be emailed to all prospective Bidders (at the respective email addresses furnished for such purposes) not later than three days prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such addendum or interpretation shall not relieve the Bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the contract documents. 15. Security for Faithful Performance Simultaneously with his delivery of the executed contract, the Bidder shall furnish a surety bond or bonds as security (bank letter of credit will be considered) for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. This will be provided if the contract exceeds $25,000.00. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 16. Power of Attorney Attorneys-in fact who signs bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 17. Laws and Regulations The Bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project, shall apply to the contract throughout and they will be deemed to be included in the contract the same as though herein written out in full. 18. Method of Award The Owner reserves the right to waive informalities at its discretion and to accept any or reject any or all proposals. If the contract is awarded, it will be to the lowest and best Bidder in the opinion of the Owner. 19. Notice of Award A Notice of Award statement will be issued by the Purchasing Department to the lowest and best Bidder in the opinion of the Owner. At the time of Notice of Award, the Bidder will be required to execute the Agreement and furnish the required Bidder's Performance Bond, Payment Bond and Certificate of Insurance within ten (10) calendar days. If the Bidder fails to execute said Agreement and to furnish said Bonds within ten (10) days from the date of Notice, CMCSS will be entitled to consider all your rights arising out of CMCSS's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. CMCSS will be entitled to such other rights as may be granted by law. 20. Obligation of the Bidder At the time of opening of bids, each Bidder will be presumed to have inspected the site and to have read and be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect of his bid. 21. Proprietary Names and Substitutions Reference in these specifications and quotation form to any article, product, material, or equipment by proprietary name, manufacturer, or manufacturer's catalog number is intended to establish a standard of quality and design and is not intended to limit competition. This specification calls for materials and types of construction that will satisfy the Owner's requirements and, at the same time, permit the free bidding of all properly qualified and experienced manufacturers. The specified manufacturer's standard specifications shall prevail for all items included as if written in full detail. All equipment and furnishings shall conform to these specifications, but substitutions of equal quality are encouraged and will be considered. The Owner or Owner's designee shall determine acceptability of substitutions. 22. Payment Based upon application for payment submitted to the Owner by the Architect/Engineer by the Bidder and Certificates for payment issued by the Owner shall make progress payments on account of the Contract sum to the Bidder. Each application for Payment shall be based upon the Schedule of Values submitted by the Bidder in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect/Engineer may require. This Schedule, unless objected to by the Architect/Engineer, shall be used as a basis for reviewing the Bidder's Applications for payment. 23. Change Orders Additional work to be done that was not in the original contract. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract. a. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. b. By unit prices stated in the contract documents or subsequently agreed upon.c. By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. Bidder will be allowed overhead (5%) and profit (10%) above the initial cost. 24. Time of Completion The Contractor shall commence work as called for in the plans and specifications upon written Notice to Proceed from the Owner and complete work within 180 Calendar Days. The Owner may extend or assess liquidation damage in the amount of $100.00 for each calendar day in excess of allotted time. 26. Retainage The Bidder's and manufacturer's representative (if requested by Owner) shall revisit the site after completion of the project for joint inspection with the Owner. A retainage in the amount of 5% of the contract amount shall be withheld pending re-inspection and final Owner approval, following the issuance of a Certificate Occupancy; issuance of a certificate of substantial completion from the project architect or manager; or when the owner begins to fully use the improvement. The Owner will pay final retainage within 90 days once the project is complete. 27. Termination by the Owner for Cause The Owner may terminate the contract if the Bidder: a) Persistently or repeatedly refuses or fails to supply enough properly skilled workmen and/or proper materials. b) Fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between Bidder and subcontractors. c) Persistently disregards laws, ordinances or rules, regulations or orders of the public building authority (Building Codes). d) Or is otherwise guilty of breach of the provisions of the contract documents. If the Owner terminates the contract for one of the reasons above the Bidder shall not be entitled to receive further payment until the work is completed. If the Owner's cost to complete the work exceeds the unpaid balance due the Bidder shall pay the difference to the Owner. The Bidder also agrees to reimburse the Owner for reasonable attorney fees that may be generated due to the Bidder's failure to complete the work, including warranty provisions. $500 per day as liquidated damages