Bays Mountain Park Zip Line & Adventure Course Operator

Agency:	City of Kingsport
State:	Tennessee
Type of Government:	State & Local
NAICS Category:	238910 - Site Preparation Contractors 238990 - All Other Specialty Trade Contractors
Posted Date:	Mar 16, 2024
Due Date:	Apr 9, 2024
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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REQUEST FOR PROPOSAL

Sealed Price Proposals for the following will be received by the Procurement Manager until 4:00 P.M., Eastern

Time, April 9, 2024, and at that time publicly opened in Conference Room 436, City Hall located at 415 Broad

Street., Kingsport, TN. All proposals will be considered for award or rejection at a later date.

PROJECT: Bays Mountain Park Zip Line & Adventure Course Operator

Documents for the above referenced item are available online at kingsporttn.gov/city-services/purchasing.

Interested parties may also contact the Procurement Department at (423) 229-9419.

By submission of a signed proposal bid, the bidder certifies total compliance with Title VI and Title VII of the

Civil Rights Act of 1964, as amended, and all regulations promulgated thereunder.

No submitted proposals may be withdrawn for a period of ninety (90) days after the scheduled closing time of

the receipt of proposals. All proposals shall be signed, sealed and addressed to the ProcurementManager, City

of Kingsport, 415 Broad Street., Kingsport, TN 37660 and marked “BMP Zip Line & Adventure Course Operator”.

The City by its governing regulations reserves the right to accept or reject any or all proposals received, to

waive any informalities in bidding and to re-advertise.

PUB 1T: 03/16/24

Chris McCartt

City Manager

PROCUREMENT PROCESS

A. Proposals will be received by the Procurement Manager until 4:00 P.M., Eastern Time on April 9,

2024 at which time it will be publicly opened in Conference Room 436, City Hall, 415 Broad

Street, Kingsport, Tennessee.

B. The Sealed Proposal shall be signed by an authorized representative and the sealed envelope

addressed as follows:

Procurement Manager

City of Kingsport

415 Broad Street

Kingsport, Tennessee 37660

Proposal for Bays Mountain Zip Line & Adventure Course Operator

C. An original hard copy and two (2) additional hard copies of the Proposal are required.

D. Proposals, modifications, or corrections received after the scheduled closing time of the receipt of

Proposals will not be considered. The City of Kingsport is not responsible for delays in delivery

by mail, courier, etc.

E. No submitted Proposal may be withdrawn for a period of one hundred twenty (120) days after the

scheduled closing time of the receipt of Proposals.

F. No oral interpretation will be made to any Proposer as to the meaning of the Proposal

Specifications or any part thereof. Each written request for clarification or interpretation shall be

made in writing to the City.

NOTE – It is the intent of the City to issue one (1) addendum, if necessary. Written request for

clarification and/or interpretation must be submitted via email to the Procurement Manager by the end of

the business day, March 28, 2024 and addendum will be issued by 4:00 P.M., Eastern Time, on April 3,

2024 and will be available online at https://www.kingsporttn.gov/city-services/purchasing/. Written

requests for clarification shall be submitted to the Procurement Manager by email to

brentmorelock@kingsporttn.gov .

It shall be the Proposer’s responsibility to make inquiry as to the addenda issued. Any and all addenda

shall become part of the specifications and all Proposers shall be bound by such addenda, whether or not

received by Proposer.

General Terms and Conditions

A. Taxes – The City is exempted from Federal Excise Taxes, State of Tennessee and local sales taxes

and Proposer must quote prices which do not include such taxes, unless by law the taxes must be a

part of the price. Exemption Certificates will be furnished upon request.

B. Indemnification – The City of Kingsport, its officers, agents and employees shall be held harmless

from liability from any claims, damages and actions of any nature arising from the use of any service

and/or materials furnished by the Proposer, provided that such liability is not attributable to

negligence on the part of the using agency of failure of the using agency to use the materials in the

manner outlined by the Proposer in descriptive literature or specifications submitted with the

Proposal. The City will not indemnify the successful Proposer.

C. Patent Liability – The successful Proposer, at his own expense, will defend any suit which may be

brought against the City to the extent that it is based on a claim that the goods furnished through a

contract/agreement infringes a United States patent, and in any such suit will pay those costs and

damages which are attributable to such claims and finally awarded against the City.

D. Limitation of Remedies – Any remedies in the Proposer’s Proposal, to include Agreement, License

Product Agreement, Terms and Conditions, Literature, etc., that may be considered in agreement to

waive the legal rights of the citizens of the City of Kingsport may be considered cause for rejection.

E. All agreements related to the purchase and sale of any product pursuant to this bid document will

include the following conditions: "Notwithstanding anything in this section to the contrary, any

provision of provisions of this Section will not apply to the extent they are (it is) finally determined

by a court of competent jurisdiction, including Appellate review if pursued, to violate the laws or

Constitution of the State of Tennessee."

F. Insurance – During any work performed by the successful Proposer(s) on the premises of the City or

otherwise, the successful Proposer(s) agrees to take such measures as to effectually prevent any

accident to persons or property during or in connection with the work; and especially to indemnify

and save harmless the City from all loss, costs, damages, expense and liability for property damage

and for bodily injuries to, or death of, any persons, including without limitation, as to both property

damage and bodily injury, and the Proposer and the City and their representative agents and

employees, occasioned in any way by the acts or omissions of the Proposer, or the Proposer’s agents,

employees, during or in connection with said work, excepting only property damage, bodily injury

or death caused by the sole negligence of the City, its agents or employees.

The successful Proposer shall maintain such insurance as will protect it from claims under Workers’

Compensation Acts and from any claims for bodily injuries, including death, either to its employees

or others, and from all claims on account of property damage, which may arise in connection from

said work.

All Certificates of insurance and policies shall contain the following clause: "The insurance covered

by this Certificate will not be canceled or materially altered, except after thirty (30) days written

notice has been received by the City."

Insurance required with a minimum of One Million Dollars ($1,000,000.00) limits are

Comprehensive General Public and Professional Liability, Comprehensive Automobile Liability and

Owner’s Liability. Malpractice Insurance is required with a minimum limit of One Million Dollars

($1,000,000.00) per occurrence, Five Million Dollars ($5,000,000.00) aggregate.

This requirement will be effective for the life of any contract/agreement entered into by the Proposer

and the City.

G. F.O.B. – All prices will be quoted F.O.B. Kingsport, Tennessee, delivery to City of Kingsport’s

location shall be without additional charge.

H. By submission of a signed Proposal, the Proposer certifies total compliance with Title VI and Title

VII of the Civil Rights Act of 1964, as amended, and all regulations promulgated thereunder.

I. Contracts and purchases will be made or entered into with the lowest, responsible, compliant

Proposer meeting specifications for the particular grade or class of material, work or service desired

in the best interest and advantage to the City of Kingsport. Responsible Proposer is defined as a

Proposer whose reputation, past performance, and business and financial capabilities are such that he

would be judged by the appropriate City authority to be capable of satisfying the City’s needs for a

specific contract or purchase order.

J. The City reserves the right to determine the low Proposer either on the basis of the individual items

or on the basis of all items included in its Request for Proposal, unless otherwise expressly provided

in the Request for Proposal. The City reserves the right to accept any item or group of items of any

kind and to modify or cancel in whole or in part, its Request for Proposal. The City reserves the

right to award to multiple vendors.

K. All contracts or purchase orders issued for this award will be governed by the laws of the State of

Tennessee. Arbitration is not permitted and if a dispute arises between the parties concerning any

aspect of the contract or purchase order and it cannot be resolved by mutual agreement, any party

may resort to resolution of the dispute by litigation in the state or federal courts for Kingsport,

Sullivan County, Tennessee. The parties waive their right to a jury trial. Mandatory and exclusive

venue and jurisdiction for any disputes shall be in state or federal courts for Kingsport, Sullivan

County, Tennessee.

L. The City, in accordance with its governing directives, reserves the right to reject any and all

Proposals, to waive any informality or irregularities in Proposals and unless otherwise specified by

the Proposer, to accept any item.

M. All contracts, purchase orders, and any documents or material obtained by the City may be subject to

disclosure in whole or in part pursuant to the Tennessee Open Records Act set out in T.C.A. 10-7-

503 et seq. without regard to any provision contained in the document declaring information

confidential.

N. All contracts or purchase orders will include a provision that is not assignable by the Proposer

without the written consent of the City.

O. CONFLICT OF INTEREST:

1. No Board Member or officer of the City of Kingsport or other person whose duty it is to

vote for, let out, overlook or in any manner superintend any of the work for the City of

Kingsport has a direct interest in the award of the vendor providing goods or services.

2. No employee, officer or agent of the grantee or sub-grantee will participate in selection,

or in the award or administration of an award supported by Federal funds if a conflict of

interest, real or apparent, would be involved. Such a conflict would arise when the

employee, officer or agent, any member of their immediate family, his or her partner, or

an organization, which employs, or is about to employ, any of the above, has a financial

or other interest in the firm selected for award.

3. The grantee’s or sub-grantees officers, employees or agents will neither solicit nor accept

gratuities, favors or anything of monetary value from vendors, potential vendors, or

parties to sub-agreements.

4. Do you or any officers/part-owners/stake-holders/employees of this company have any

relative(s) (relatives include spouse, children, stepchildren or any to whom you are related

by blood or marriage) that are currently employed by the City of Kingsport, Tennessee,

including the Kingsport City School System or serve on the Kingsport Board of Mayor

and Aldermen or the Kingsport Board of Education? _____Yes ______No

If you answered yes please state the name and relationship of the employee or member of

the Kingsport Board of Mayor and Aldermen or Kingsport Board of Education member

__________________________________________________________________

5. Are you or any officers/part-owners/stake-holders/employees of this company also

employees of the City of Kingsport, including the Kingsport City School System or serve

on the Kingsport Board of Mayor and Aldermen or Kingsport Board of Education?

_______Yes ______No

If you answered yes please state the name of the employee or board member

___________________________________________________

6. By submission of this form, the vendor is certifying that no conflicts of interest exist.

P. DRUG FREE WORKPLACE REQUIREMENTS:

1. Private employers with five or more employees desiring to contract for construction services

attest that they have a drug free workplace program in effect in accordance with TCA 50-9-

112.

Q. ELIGIBILITY:

1. The vendor is eligible for employment on public contracts because no convictions or guilty

pleas or pleas of nolo contender to violations of the Sherman Anti-Trust Act, mail fraud or

state criminal violations with an award from the State of Tennessee or any political

subdivision thereof have occurred.

R. GENERAL:

1. Vendor fully understands the preparation and contents of the attached offer and of all

pertinent circumstances respecting such offer.

2. Such offer is genuine and is not a collusive or sham offer.

S. IRAN DIVESTMENT ACT:

1. Concerning the Iran Divestment Act (TCA 12-12-101 et seq.), by submission of this

bid/quote/proposal, each vendor and each person signing on behalf of any vendor certifies,

and in the case of a joint bid/quote/proposal, each party thereto certifies as to its own

organization, under penalty of perjury, that to the best of its knowledge and belief that each

vendor is not on the list created pursuant to § 12-12-106.

T. NON-COLLUSION:

1. Neither the said vendor nor any of its officers, partners, owners, agents, representatives,

employees or parties interest, including this affiant, has in any way colluded, conspired,

connived or agreed, directly or indirectly, with any other responder, firm, or person to

submit a collusive or sham offer in connection with the award or agreement for which the

attached offer has been submitted or to refrain from making an offer in connection with

such award or agreement ,or collusion or communication or conference with any other

firm, or, to fix any overhead, profit, or cost element of the offer price or the offer price of

any other firm, or to secure through any collusion, conspiracy, connivance, or unlawful

agreement any advantage against the City of Kingsport or any person interested in the

proposed award or agreement.

2. The price or prices quoted in the attached offer are fair, proper and not tainted by any

collusion, conspiracy, connivance, or unlawful agreement on the part of the firm or any

of its agents, representatives, owners, employees, or parties in interest, including this

affiant.

U. BACKGROUND CHECK REQUIREMENT FOR SCHOOL SYSTEM SUPPLIERS:

1. In submitting this bid/quote/proposal, you are certifying that you are aware of the

requirements imposed by TCA § 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.

V. NON-BOYCOTT OF ISRAEL AFFIDAVIT

1. Concerning the Non-Boycott of Israel Act (TCA 12-4-1 et seq.), by submission of this

bid/quote/proposal, each supplier and each person signing on behalf of any supplier

certifies, and in the case of a joint bid/quote/proposal, each party thereto certifies as to its

own organization, under penalty of perjury, that to the best of its knowledge and belief that

each supplier is not boycotting Israel pursuant to § 12-4-1 and will not during the term of

any award. Note: Applicable only to contracts of $250,000 or more and to suppliers with

10 or more employees.

W. 1. The contract will be awarded for a period of three (3) years with a renewal option on an

annual basis in one (1) year increments providing all terms, conditions and costs are acceptable

to both parties. The city reserves the right to re-issue an RFP at the end of any contract period.

Category*	Solicitation Name	Addenda	Engineer/Architect Contact	Pre-bid Meeting	Bid Opening Date & Time / Reply Date
RFP	Bays Mountain Park Zip Line & Adventure Course Operator		Procurement Department - Brent Morelock 423-229-9315 or brentmorelock@kingsporttn.gov		Apr 09,2024 04:00 PM ET

Bays Mountain Park Zip Line & Adventure Course Operator

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