ITB 6797 Athletic Fields Sand Contract

Agency: City of Johnson City
State: Tennessee
Type of Government: State & Local
NAICS Category:
  • 237990 - Other Heavy and Civil Engineering Construction
  • 238910 - Site Preparation Contractors
  • 238990 - All Other Specialty Trade Contractors
Posted Date: Sep 4, 2024
Due Date: Sep 18, 2024
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Submittals due by September 18,2024 - 2:00 PM


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ITB 6797 Athletic Field Sand Contract.pdf
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INVITATION TO BID
CITY OF JOHNSON CITY, TENNESSEE
WWW.JOHNSONCITYTN.ORG/PURCHASING
PURCHASING DEPARTMENT
423/975-2715
Bid Name / Number
Due Day / Date / Time
Bid Location / Mail Address
Bid Contact / Telephone
Bid Issue Date
Delivery Location
FOB
Payment Terms
ATHLETIC FIELD SAND CONTRACT / #6797
Wednesday / September 18, 2024 / 2:00 PM (at which time it will be opened publicly)
Johnson City Purchasing Department, Debbie Dillon-Director,
209 Water Street, Johnson City, TN 37601
Cameron Clark ,cclark@johnsoncitytn.org or purchasing@johnsoncitytn.org
September 3, 2024
Civitan Park & Winged Deer Park. Johnson City, TN 37601
Destination, freight prepaid and allowed - Johnson City, TN
Net 30
Bidder is responsible for completing the remaining portion of this bid document
ITEM QTY
DESCRIPTION
approx Term contract for athletic field sand as per attached bid
documents:
Unit price
TOTAL
1. 1600
tons/yr
2.. 200
tons/yr
Coarse topdressing sand for use on athletic fields. Min 60% $____________ $ ____________
of particles must be 0.5-1.0mm dia
White volleyball sand
$____________ $ ____________
TOTAL:
Specify anticipated delivery date (from time of order
placement) as this may be an award consideration:
____________________
$_____________
Solicitations will be opened publicly via a simultaneous virtual and in-person meeting.
Join Zoom Meeting: ITB# 6797 - Ballfield Sand Contract virtual bid opening; Meeting ID: 875 2578 7523;
Passcode: 729418 . 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 423.975.2715
for direct assistance.
Bidder’s Reminder: ● Bid to be signed by authorized company representative; ● Verify prices, extensions and total as correct
ADDENDA ACKNOWLEDGEMENT: __________, __________, __________, __________, __________, __________
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 #18 & #21)
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:
Submit electronically per link below or 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______________________________________________
________________________________________________
ELECTRONIC RESPONSES: CLICK HERE
Telephone_____________________________________________
E-Mail________________________________________________
THIS SHEET MUST BE SIGNED AND RETURNED WITH BID TO BE VALID
CITY OF JOHNSON CITY, TENNESSEE
ITB# 6797 ATHLETIC FIELD SAND CONTRACT
BIDDERS INSTRUCTIONS
1. CONTRACT PERIOD
This is a three (3) year contract subject to annual renewals provided all terms and conditions
remain unchanged and the vendor is in agreement. : The City reserves the right to re-bid at
the end of any one (1) year period. Contract prices are subject to price escalation/de-
escalation as follows
Price escalation is allowed no sooner than 10 days after initial contract award.
(1) written notification of price increase from product source or Dept of Energy fuel index, is
submitted to the Director of Purchasing prior to any deliveries
(2) increase is a result of supplier source passed through with no labor, transportation or profit
allowed.
2. QUANTITY
This is a term contract for athletic field & volleyball sand that is to be ordered as needed,
based on unit prices. Deliveries will be based on 25 tons per delivery. Quantities listed are
based on approximate annual usage and not intended to be exact.
3. LOCATIONS
Civitan Park – 1000 North Broadway, Johnson City TN 37601
Winged Deer Park – 4137 Bristol Hwy, Johnson City, TN 37605
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. This includes value engineering with
the low bidder if cost is over budget. 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/RFQ RESPONSES
Bid tabulations and RFP/RFQ respondent’s lists will be posted and available the next business day on our above website. Click on
“awarded/opened solicitations”. Award recommendations, when ready, will also be posted there.
6. BRAND NAMES
By referencing a product or service 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. Vendor reference to literature previously submitted will not satisfy this provision. Unless specified
otherwise, it is understood that the referenced product will be furnished. 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. DEFAULT
In case of contractor default or failure to provide material or service according to the solicitation, the City may cancel this 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.
9. DELIVERY
Delivery/completion schedule must be clearly identified and realistically stated, as this may be a determining factor in the award.
10. DISCOUNT AND PAYMENT
Payment terms are Net 30 following receipt of the material or service and a correct invoice unless otherwise stated in the solicitation document.
Discounts for prompt payment will not be considered in the bid evaluation for award. Partial payment will be allowed only if addressed in the
solicitation.
11. 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.
12. EVALUATION
Bids/RFPs/RFQs will be evaluated according to the criteria set forth in the document with the degree of importance determined by the City.
13. 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 RFPS/RFQS. All solicitations
are closed for review and inspection during the evaluation period, prior to award.
14. FOB (FREE-ON-BOARD) POINT
All prices quoted shall be FOB destination, freight prepaid and allowed unless otherwise stated in the solicitation document. The seller pays and
bears the freight charges and owns the goods while they are in transit. Title passes at the designated City location.
15. 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.
16. 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.
17. 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.
18. IRAN DIVESTMENT ACT
Pursuant to the Iran Divestment Act Tenn. Code Ann. § 12-12-106 requires the State of Tennessee Chief Procurement Officer to publish, using
creditable information freely available to the public, a list of persons it determines engage in investment activities in Iran, as described in § 12-12-
105. Inclusion on this list makes a person ineligible to contract with the City of Johnson City; if a person ceases its engagement in investment
activities in Iran, it may be removed from the list. The State of Tennessee list is available here: http://tennessee.gov/generalservices/article/Public-
Information-library
19. 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.
20. MULTIPLE ITEM BIDS
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.
21. 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.
22. 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.
23. 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.
24.PAST PERFORMANCE
Vendor’s past performance may be a consideration in the awarding of this contract.
25.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.
26. PRICING
All pricing must appear in the spaces provided on the city’s form (if applicable) and be in ink or typed. Changes or corrections by the
bidder/proposer must be initialed in ink by the person signing. No corrections may be made in pencil. 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 bid opening time.
Obvious mistakes will be given special consideration upon receipt of written request and full disclosure or evidence regarding pricing error.
27.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 unless the vendor additionally identifies a specific area or scope of data or other materials to be
protected and details the reasons protection is necessary.
28. 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.
29. QUESTIONS
Questions must be received by the City at least four (4) working days prior to the scheduled opening. 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.
30.SAFETY STANDARDS
All manufactured items and fabricated assemblies shall comply with applicable requirements of OSHA/TOSHA and any related standards thereto.
31. SAMPLES
Samples 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.
32.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.
33.SIGNATURE ON BIDS
When submitting a bid, other than electronically, the bid 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.
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.
34.SUBMITTAL OF SEALED BIDS/RFPS/RFQS
Any forms furnished by the city must be completed and returned as specified in the solicitation, otherwise response will 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.
35. 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.
36.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.
37. 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.
August 1, 2024
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
1
This page summarizes the opportunity, including an overview and a preview of the attached documents.
* Disclaimer: This website provides information about bids, requests for proposals (RFPs), or requests for qualifications (RFQs) for convenience only and does not serve as an official public notice. Individuals who wish to respond to or inquire about bids, RFPs, or RFQs should contact the relevant government department directly.

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