Site work for a water / sewer project in Oak Ridge, Tennessee. Completed plans call for site work for a water / sewer project.

For furnishing all labor, materials, supplies, tools, and equipment necessary to perform all work and services described in the Contract attached hereto, in strict accordance with the terms and provisions of said Contract and any attachments thereto. (See attached Specifications) The project must be completed on or before August 30, 2024 (absent written agreement by the parties to extend). All bids must be completed and submitted on the Bid Form provided. The bids shall be submitted on or before the time set for the opening of bids. Bids received after the time so set are late bids and will not be considered. Late bids, unmarked envelopes, and incorrectly marked envelopes will not be opened. Electronic bids are not accepted. Discrepancies Should the Bidder find any discrepancies in, or omission from, the bid documents, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify Lyn Majeski at Imajeski@oakridgetn.gov and obtain an interpretation or clarification prior to submitting a bid. Any interpretation or clarification given in accordance with this provision shall be in writing and will be distributed to all known Bidders. Only questions answered in writing will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions must be submitted to Lyn Majeski no later than April 10, 2024, at 12:00 p.m., local time, in order to give sufficient time for responses to be sent to all prospective bidders. Prices The Bidder shall submit unit bid prices as specified on Bid Form. It is agreed that this bid document in its entirety is included in and made a part of the contract between the City and the successful Bidder. Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Withdrawal of Bids Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening the bids. Such written request must be on company letterhead signed by a company official and must indicate the specific bid project and bid price to be withdrawn in order to verify the identity of the bidder. Rejection of Bids The City reserves the right to reject any and all bids when such rejection is in the best interest of the City of Oak Ridge; to reject the bid of a Bidder who has previously failed to perform properly or complete on time jobs of a similar nature; to reject the bid of a Bidder who is not, in the opinion of the City, in a position to perform the Contract; and to reject the bid of a Bidder not submitted in accordance with this Invitation to Bid. References With the bid, each Bidder shall furnish at least three (3) references for whom work similar to that covered by the specifications herein was performed, the year in which such work was performed and the manner of its execution, and giving such other information as will tend to show the Bidder's ability to perform the required work. Equipment The Bidder shall have available under Bidder's control, tools, and equipment of the type, character, and amount required to complete the proposed work within the specified time. Each Bidder shall furnish a list of the tools and equipment proposed for use on the work if requested. Personnel Each Bidder shall have available, or shall agree to have available under Bidder's control, sufficient equipment and personnel to complete the proposed work within the specified time. Method of Work Upon request, each Bidder shall describe the method or methods to be used in the performance of the required work. Bidders Interested in More than One (1) Bid A party who has quoted prices to a Bidder is not thereby disqualified from quoting prices to other Bidders or from submitting a bid directly for the work; however, more than one (1) bid for the same work from an individual or entity under the same or different name will not be considered. Bid Surety Each bid shall be accompanied by a bid guarantee payable to the City in the amount of ten percent (10%) of the total bid amount. The form of the bid guarantee shall be a bid bond or other suitable instrument (i.e., cashier's check, certified check, or Letter of Credit). The bid guarantees of unsuccessful Bidders shall be returned to them by the City within fifteen (15) consecutive calendar days after execution of the Contract. Drug-Free Workplace Affidavit Form A Drug-Free Workplace Affidavit form is included in this bid package and must be submitted with the bid. Scope of This Contract The work to be done consists of furnishing all labor, materials, supplies, tools, equipment, and other incidentals necessary to perform all work and services required for the Converse Lane Storm Drain Pipe Replacement project in accordance with the attached Specifications. Before the work is to begin, a meeting will be scheduled with the Contractor and the Public Works Department to ensure that proper communication regarding all aspects of the project is met, and to schedule commencement of the work which must be coordinated with the City's Public Works Department. All work performed under this Contract shall be in strict accordance with the terms and provisions of this Contract, the Scope of Work, and the bid of the Contractor, all attached hereto and incorporated herein by reference. In performance of this Contract, the Contractor binds himself to the City to comply fully with all provisions, undertakings, and obligations hereinafter set forth. ARTICLE 2 - Term This Contract shall become effective upon its execution and shall continue in full force and effect through December 31, 2024. Work shall be completed after the Contractor's receipt of a written Notice to Proceed and the work shall be completed on or before August 30, 2024, unless an alternate schedule is approved by the parties in writing. Roger Flynn is the City's contact for this project and can be reached at (865) 425-1816 or rflynnoakridgetn.gov. A. The City may, by written order, and without notice to the Sureties, make changes in the specifications of this Contract within the general scope thereof. If any such changes cause an increase or decrease in the scope of this Contract or in the time required for its performance, an equitable adjustment shall be made and this Contract shall be modified in writing accordingly. B. Should the Contractor encounter conditions materially different from those shown in the specifications, the City shall be notified in writing immediately of such conditions before they are disturbed. The City shall thereupon promptly investigate the conditions and if it finds that they do so materially differ from those specified, this Contract shall be modified to provide for any increase or decrease of cost and difference in time resulting from the conditions so found. C. Except as otherwise herein provided, no charge for any extra work or material will be allotted unless the same has been approved in writing by the City, and the price stated. Indemnification by Contractor To the fullest extent permitted by all applicable laws and regulations, the Contractor hereby agrees to protect, indemnify and hold harmless the City and their consultants, agents, and employees from and against any and all claims, loss, expense, damage, charges, and costs direct, indirect, or consequential (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professional and court costs), collectively referred to as "claims," for injury to or death of persons and injury to or destruction of property suffered or alleged to have been suffered as a result of any act or omission on the part of the Contractor, any of the Contractor's subcontractors, anyone for whose acts any of them may be liable, or others whose services are engaged by the Contractor, or anyone directly or indirectly employed or controlled by either of them in the course of the performance of the work provided for in the Contract, except such injury, destruction, or death as may be caused by the sole negligence or fault of the City. When the City submits notice, the Contractor shall promptly defend any aforementioned action. In any and all claims against the City or any of their consultants, agents, or employees by any employee of the Contractor, any of the Contractor's subcontractors, anyone for whose acts any of them may be liable, or others whose services are engaged by the Contractor, or anyone directly or indirectly employed or controlled by either of them in the course of the performance of the work provided for in the Contract, the indemnification obligation described herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. The limits of insurance required in this Contract shall not limit the Contractor's obligations under this article. The terms of this article shall survive the termination or suspension of this Contract. ARTICLE 9 - Completion and Performance Bond and Labor and Material Bond A. Completion and Performance Bond Prior to commencing work under this Contract, the Contractor agrees to furnish and to maintain during the term of this Contract a Completion and Performance Bond in the amount of one hundred percent (100%) of the Contract price with good and sufficient surety or sureties acceptable to the City in connection with the performance of the work under this Contract, including any amendments or extensions hereof. The form and conditions of said Performance Bond shall be as prescribed by the City. The bond will be required at the beginning of each contract term and will be in an amount equal to the contract price for that year. In lieu of a Performance Bond, the City will accept other suitable Securities agreed upon by both parties. At all times during the term of this Contract, the Contractor shall provide the City with evidence that the Contractor has obtained such Performance Bond or Securities. A certificate from the surety showing that the bond premiums have been paid by the Contractor shall accompany the bond. B. Labor and Material Bond Prior to commencing work under this Contract, the Contractor agrees to furnish and to maintain during the term of this Contract a Labor and Material Bond in the amount of one hundred percent (100%) of the Contract price with good and sufficient surety or sureties acceptable to the City, conditioned that the Contractor shall promptly make payments to the persons supplying labor, materials, or supplies to the Contractor or subcontractors in the performance of the work under this Contract and any amendment or extension thereof. The form and conditions of this bond shall be as prescribed by the City. The bond will be required at the beginning of each contract term and will be in an amount equal to the contract price for that year.