Paving Equipment Rental for 2023

INVITATION TO BID Sealed bids for the following will be received by the Procurement Manager, City of Kingsport, until 4:00 P.M., Eastern Time, December 8, 2022 and at that time will be publicly opened in Conference Room 436, 4th Floor, City Hall, 415 Broad Street, Kingsport, TN 37660. All bids will be considered for award or rejection at a later date. ITEM – 2023 Equipment Rental for Paving Operations Bid documents for the above referenced items are available online @ www.kingsporttn.gov. Interested parties may also contact the Procurement Department @ 423-229-9419. By submission of a signed 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 No submitted bids may be withdrawn for a period of sixty (60) days after the scheduled closing time of the receipt of bids. All bids shall be signed, sealed and

addressed to the Procurement Manager, City of Kingsport, 415 Broad Street, Kingsport, Tennessee 37660 and marked as specified in the Bid Documents. The City by its governing regulations reserves the right to accept or reject any or all bids received, to waive any informalities in bidding and to re-advertise. PUB 1T: 11/20/22 Chris McCartt City Manager TERMS AND CONDITIONS 1. Bids must be submitted on this form only and bear the handwritten signature of an authorized representative of the firm to be considered valid. Each bid will be placed in a separate envelope. Be sure the envelope is completely and properly identified and sealed. Telephone bids or fax bids will not be accepted. Unless otherwise stated by the City, no bidder may withdraw his bid within a period of sixty (60) days after the date set for the opening of bids. 2. If prices are quoted FOB Kingsport, TN., delivery to City of Kingsport locations shall be without additional charge. 3. Failure to examine any drawings, specifications, and instructions will be a bidder's risk. If bidder is in doubt as to the true meaning of any part of the drawings, specifications and instructions or other documents, he should submit a written request for an interpretation to the Procurement Manager. An interpretation of the documents will be made only by addendum issued by the Procurement Manager to each firm to whom an invitation was forwarded. The City will not be responsible for explanation or interpretations of bid documents except as issued in accordance herewith. 4. Where a brand or trade name appears in the specifications, it is understood that the brand or trade name referred to, or its approved equivalent, shall be furnished. If no mention is made of any exceptions, it is assumed that he is bidding on the article mentioned and not an approved equivalent. 5. The bidder is requested to attach brochure-type information on the supplies furnished. All guaranteed and warranties should be clearly stated. 6. Taxes. The City is exempted from Federal excise taxes and state and local sales taxes and bidders must quote prices which do not include such taxes. An exemption certificate will be furnished upon request. 7. Bids and modifications or corrections thereof received after the closing time specified will not be considered. The City is not responsible for delays in delivery by mail, courier, etc. 8. Any exceptions to these terms and conditions or deviations from written specifications will be shown in writing and attached to the bid form. 9. Any alteration, erasure, addition to or omission of requested information, change of the specifications, or bidding schedule, is made at the risk of the bidder and may result in the rejection of the bid, unless such changes are authorized by the specifications. 10. In the event cash discounts are offered by the bidder, the discount date shall begin with the date of the invoice or the date of receipt of all material covered by the order/contract, whichever is the later date. 11. Charges for boxing or cartage will not be allowed unless previously agreed upon. 12. Default in promised delivery or completion of service and/or failure to comply with specifications authorizes the City to purchase materials, supplies, vehicles, equipment, or services elsewhere and charge the difference to defaulting Vendor. 13. Bidder agrees to defend and save City of Kingsport from and against all demands, claims, suits, costs, expenses, damages and judgments based upon infringement of any patents relating to goods specified in this order or the ordinary use or operation of such goods by City or use or operation of such goods in accordance with bidders direction. 14. In case of error or discrepancy in the mathematics of the bid price, the unit prices shall prevail. 15. By submission of a signed 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. 16. Contracts and purchases will be made or entered into with the lowest, responsible, compliant bidder 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 bidder is defined as a bidder 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. 17. The City reserves the right to determine the low bidder either on the basis of the individual items or on the basis of all items included in its INVITATION TO BID, unless otherwise expressly provided in the INVITATION TO BID. 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 INVITATION TO BID. 18. All contracts or purchase orders issued for this award will be governed by the laws of the State of Tennessee without regard to its conflict of laws principals. 19. Any dispute arising out of any aspect of this purchase order or a contract shall be litigated in state court in Kingsport, Sullivan County, Tennessee or the federal court for the Eastern District of Tennessee, Northeastern Division. However, neither party shall be obligated to provide any type of pre- suit notice before initiating a cause of action. The parties waive their right to a jury trial. The parties hereby consent to the mandatory and exclusive venue and jurisdiction of the state court located in Kingsport, Tennessee or the Federal court for the Eastern District of Tennessee. Service of process shall comply with the Tennessee Rules of Civil Procedure or applicable federal rules, and City does not agree to any other service of process procedure. 20. The City, in accordance with its governing directives, reserves the right to reject any and all bids, to waive any informality or irregularities in bids and unless otherwise specified by the bidder, to accept any item. 21. This Bid includes an option to allow the City of Kingsport the right to purchase additional vehicles/equipment. The City’s use of this option will be dependent upon the price offered by the vendor and the availability of funding. The City may exercise this option clause for a period of twelve (12) months after the award of the Bid. The City is aware that costs may increase for vehicle/equipment manufacture and delivery, and therefore a price adjustment for unit cost may be negotiated between the two parties. Documentation of cost increase is to be provided to the City by the Awarded Bidder as requested. 22. The contract will be awarded for a period of one (1) year with a renewal option on an annual basis in one (1) year increments providing all terms, conditions and cost are acceptable to both parties. The City reserves the right to re-bid at the end of any contract period. Page 2 of 2 TERMS AND CONDITIONS 23. CONFLICT OF INTEREST: a) 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. b) 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. c) 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. d) 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 ____________________________________________________________________ e) 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 _______________________________________________________________ f) By submission of this bid, the vendor is certifying that no conflicts of interest exist. 24. DRUG FREE WORKPLACE REQUIREMENTS: a) 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. 25. ELIGIBILITY: a) 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. 26. GENERAL: a) Vendor fully understands the preparation and contents of the attached offer and of all pertinent circumstances respecting such offer. b) Such offer is genuine and is not a collusive or sham offer. 27. IRAN DIVESTMENT ACT: a) 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. 28. NON-COLLUSION: a) 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. b) 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. 29. BACKGROUND CHECK REQUIREMENT FOR SCHOOL SYSTEM SUPPLIERS: a) 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. 30. NON-BOYCOTT OF ISRAEL AFFIDAVIT a) 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. Public Works | Streets & Sanitation Division 609 W. Industry Drive | Kingsport, TN 37660 | P: 423-229-9451 www.kingsporttn.gov Streets & Sanitation Division MEMO To: Interested Vendors From: Tim Elsea, Assistant Public Works Director Date: November 21, 2022 Regarding: City of Kingsport Equipment Rental for Paving Operations  The equipment will be operated by City the Kingsport streets division personnel on various roadways throughout the City Limits.  Vendor shall provide the following equipment on rental:  1 – Wirtgen W120CFI Milling Maching or equivalent. One day of set-up and operational training shall be included in bid price.  1 – Broce Broom RCT-350 or equivalent.  Vendor shall provide a monthly cost for equipment for the duration provided on the bid form.  City shall provide vendor a two-week notice of when equipment needs to be delivered.  City shall provide vendor a forty-eight (48) hour notice of when equipment needs to be picked up. This notification shall serve as the cutoff for billing purposes.  Vendor shall provide pricing for delivery and pick up of equipment.  Vendor shall provide pricing for insurance on equipment while rented by City of Kingsport. The City will review and compare with pricing from our insurance company. Please provide insurance requirements with your bid.  Due to the nature of work and time constraints, in the event of equipment failure or malfunction, the vendor shall repair or replace equipment within forty-eight (48) hours of notification.  Vendor shall credit the City of Kingsport for lost/down time due to inoperable equipment.  Vendor shall bill the City on a monthly cycle.  City anticipates utilizing this equipment for 4 days a week for the duration provided on the bid form, pending weather or unexpected field conditions. It is estimated that the rental(s) will occur starting April 3, 2023 and extend through October 31, 2023.  City shall be responsible for fuel required for operation of equipment. The City shall also be responsible for moving the equipment between job sites once it has been initially delivered to the City. Public Works | Streets & Sanitation Division 609 W. Industry Drive | Kingsport, TN 37660 | P: 423-229-9451 www.kingsporttn.gov  All labor, equipment, materials, and any other work required to fulfill this equipment rental bid shall be included in the unit prices. No additional payment will be made.  Submit questions to Brent Morelock, Procurement Manager at BrentMorelock@Kingsporttn.gov by November 30th at 4:00 pm. Addenda will be issued by no later than 4:00 pm on December 5th. Bid opening on December 8th at 4:00 pm in Conference Room 436 at Kingsport City Hall. mailto:BrentMorelock@Kingsporttn.gov Board of Mayor and Aldermen c/o Purchasing Agent City of Kingsport Kingsport, Tennessee Gentlemen: The undersigned propose to provide the City of Kingsport Equipment Rental for Paving Operations and all work pertinent thereto, including any and all work and materials that may be necessary to complete the work with the adjoining work in a proper and workmanlike manner at the following rates, and upon the terms and conditions of the "Legal Notice" heretofore published by the City of Kingsport, specifications and special provisions secured from the City Engineer of the City of Kingsport and the ordinances of the City and the direction of, and to the satisfaction of, the City Engineer, at the following rates to wit: ITEM NO. QUAN UNIT DESCRIPTION MONTHLY COST TOTAL COST 1 7 MONTH RENTAL OF WIRTGEN W120CFI MILLING MACHINE OR EQUIVALENT 2 7 MONTH RENTAL OF BROCE BROOM RCT-350 OR EQUIVALENT 3 1 LS DELIVERY FEE FOR RENTAL EQUIPMENT 4 1 LS PICK UP FEE FOR RENTAL EQUIPMENT 5 1 LS INSURANCE TO COVER EQUIPMENT RENTAL PROJECT TOTAL: Signature & Date