Splash Pad New Harvest Park

Agency:	Knox County
State:	Tennessee
Type of Government:	State & Local
Category:	Y - Construction of Structures and Facilities Z - Maintenance, Repair or Alteration of Real Property
Posted:	Apr 2, 2024
Due:	Apr 23, 2024
Solicitation No:	3546
Publication URL:	To access bid details, please log in.

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The Procurement Division of Knox County, Tennessee will receive sealed proposals for the provision of Splash Pad at

New Harvest Park as specified herein. Proposals must be received by 2:00 p.m. on April 23, 2024. Late proposals will

be neither considered nor returned.

Deliver Proposals To:

Proposal Number 3546

Knox County Procurement Division

Suite 100, 1000 North Central Street

Knoxville, Tennessee 37917

The Proposal Envelope must show the Company Name, Proposal Number, Proposal Name and Proposal Closing Date.

SECTION I GENERAL TERMS AND CONDITIONS

1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Jay Garrison,

CPPO, CPPB, Procurement Coordinator, at 865.215.5767 or emailed to jay.garrison@knoxcounty.org. If you

have not heard from the Buyer in a reasonable amount of time, please call for further assistance Information

about the Knox County Procurement Division and current bids may be obtained on the internet at

www.knoxcounty.org/Procurement.

1.2 ACCEPTANCE: Vendors shall hold their price firm and subject to acceptance by Knox County for a period of

ninety (90) business days from the date of the proposal closing, unless otherwise indicated in their proposal.

1.3 ALTERNATIVE PROPOSALS: Knox County will not accept alternate proposals (those not equal to

specifications) unless authorized by the Request for Proposals.

1.4 AUDIT HOTLINE: Knox County has established an Audit Hotline to report potential fraud and waste. To report

potential fraud, waste or abuse, please call 1-866-858-4443 (toll-free). You can also file a report online by

accessing http://www.knoxcounty.org/hotline/index.php.

Vendors are hereby cautioned that this Audit Hotline does not replace the Award Protest Procedures

found in Section VI, Item M of the Knox County Procurement Regulations.

1.5 AWARD: Award will be made to the most responsive, responsible proposer(s) meeting specifications and

presenting the product(s) and/or service(s) that is in the best interest of Knox County. Knox County reserves the

right to award this proposal on an all-or-none basis, schedule basis or by multiple award. Knox County reserves

the right to not award this proposal. Award will be made in accordance with the evaluation criteria specified

herein.

1.6 BUSINESS OUTREACH PROGRAM: Knox County has established a Business Outreach Program which has the

responsibility of increasing opportunity for small, minority and women owned businesses. This is being

accomplished through community education programs, policy edification, active recruitment of interested

businesses and process re-engineering.

Knox County is committed to ensuring full and equitable participation for all disadvantaged businesses. Knox

County welcomes submittals from those disadvantaged businesses that have an interest in providing goods

and/or services listed herein. In addition, Knox County strongly encourages the inclusion of disadvantaged

businesses by non-disadvantaged Contractors who wish to partner or subcontract portions of this agreement in

order to accomplish the successful delivery of goods and/or services. If you are a disadvantaged business and

would like additional information about our Business Outreach Program, please contact:

Diane Woods, CPPB, Business Outreach Administrator

Knox County Procurement

Telephone: 865-215-5760

Fax: 865-215-5778

Email: diane.woods@knoxcounty.org

1.7

CONFLICT OF INTEREST: Vendors must have read and comply with the “Non-Conflict of Interest" statement

provided in the vendor registration process prior to the closing of this solicitation. Knox County’s Non-Conflict of

Interest Policy is available for review at https://www.knoxcounty.org/purchasing/conflict_policy.php.

1.8

COPIES: Knox County requires that proposals be submitted as one (1) marked as original and one (1) exact

copy. Proposers must submit with their written response an exact electronic version of their proposal in a

single file on a CD-ROM or flash drive format.

1.9

DECLARATIVE STATEMENTS: Any statement or words (e.g.: must, shall, will) are declarative statements and

the vendor must comply with the condition. Failure to comply with any such condition may result in the proposal

being considered non-responsive and disqualified.

1.10 ELECTRONIC TRANSMISSION OF PROPOSALS: Knox County's Procurement Division will not accept

electronically transmitted proposals. Facsimile and email submission is strictly prohibited. Due to the nature of the

information requested, all submissions shall be in written format.

1.11 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the proposer in the

preparation of their proposal.

1.12 MULTIPLE PROPOSALS: Knox County will consider multiple proposals that meet specifications.

1.13 NON-COLLUSION: Proposers, by submitting a signed proposal, certify that the accompanying proposal is not the

result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line

of business or commerce, or any other fraudulent act punishable under Tennessee or United States law.

1.14 PAYMENT METHOD: Knox County utilizes two (2) methods of placing order for products and/or services. The

first is the use of Purchase Orders. These Purchase Orders will be issued from the Knox County Procurement

Division via the method selected by the vendor during registration. The Purchase Order will detail the quantity,

specific item(s) and the contracted price for each item.

The second method is the use of the Knox County Credit Card (VISA). Orders placed with the card will list the

same information as the Purchase Order. Vendors will be given the card information and approval to process the

transaction by the requesting department. Vendors must indicate in their proposal response if the vendor will

accept Knox County’s Credit Card (VISA) as a form of payment. Proposers are prohibited to charge Knox County

any type of merchant fee from their financial institution to accept this type of payment.

1.15 POSSESSION OF WEAPONS: All vendors, their employees and their agents are prohibited from possessing any

weapons on Knox County property without prior written consent from the County. In the case of a vendor whose

Contract requires possession of firearms or other weapons to successfully complete their Contract, vendor must

provide personnel who are bonded to bear said weaponry.

1.16 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to

process invoices for payment. Knox County reserves the right to set up a milestone payment plan with the

Contractor and, at its discretion, set up a retainage account for this project.

1.17 PROOF OF FINANCIAL AND BUSINESS CAPABILITY: Vendors must, upon request, furnish satisfactory

evidence of their ability to furnish products or services in accordance with the terms and conditions of these

specifications. Knox County will make the final determination as to the vendor’s ability.

1.18 PROPOSAL DELIVERY: Knox County requires proposers, when hand delivering submittal, to time date and

stamp the envelope before depositing it in the bid box. The time clock in the Procurement Division shall become

the official record of time. Knox County shall not be responsible for technical difficulties experienced by vendors

trying to register or submit their proposals electronically less than twenty-four (24) hours prior to the opening time.

Solicitations must be in a sealed envelope/box prior to entering the Procurement Division office.

Procurement Division personnel are not allowed to see the submittal nor assist in placing documents in

an envelope/box. Additionally, the Procurement Division is not responsible for providing materials (e.g.

envelopes, boxes, tape) for submittals.

1.19 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further recycling

efforts, requests that proposals being submitted on paper shall:

• Be submitted on recycled paper;

• Not include pages of unnecessary advertising;

• Be made on both sides of each sheet of paper.

1.20 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective proposer to review

the entire Request for Proposals (RFP) packet and to notify the Procurement Division if the specifications are

formulated in a manner that would unnecessarily restrict competition. Any such protest or question regarding the

specifications or proposing procedures must be received in the Procurement Division by 4:30 p.m. local time on

April 11, 2024. These requirements also apply to specifications that are ambiguous.

1.21 SIGNING OF PROPOSALS: In order to be considered, all proposals must be signed. Please sign the original in

blue ink. By signing the proposal document, the vendor acknowledges and accepts the terms and conditions

stated in the proposal document.

1.22 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon

request.

1.23 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND TITLE IX OF THE EDUCATIONAL AMENDMENT OF 1972:

“Nondiscrimination in Federally Assisted Programs”—“No person in the United States shall, on the ground of race,

color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity receiving Federal financial assistance.” 42 U.S.C. Section 2000. It is

the policy of Knox County Government that all its services and activities be administered in conformance with the

requirements of Title VI and Title IX.

1.24 UNFORSEEN CIRCUMSTANCES: During periods of closure due to unforeseen circumstances in Knox County or

closures at the direction of the Knox County Mayor, the Procurement Division will enact the following procedures

in regard to solicitations and closures:

• If the Mayor closes the Administrative offices prior to the time set for solicitation opening of any business day,

all solicitations due that same day will be moved to the next operational business day.

• Other unforeseen circumstances shall be at the sole discretion of the Procurement Director.

• Knox County shall not be liable for any commercial carrier’s decision regarding deliveries during any unforeseen

circumstances.

1.25 USE OF PROPOSAL FORMS: Vendors must complete the proposal forms contained in the proposal package.

Failure to complete the proposal forms may result in proposal rejection.

1.26 VENDOR DEFAULT: Knox County reserves the right, in case of vendor default, to procure the articles or services

from other sources and hold the defaulting vendor responsible for any excess costs occasioned thereby. Should

vendor default be due to a failure to perform or because of a request for a price increase, Knox County reserves

the right to remove the vendor from the County's bidder’s list for twenty-four (24) months.

1.27 VENDOR REGISTRATION: Prior to the closing of this proposal, ALL PROPOSERS MUST be registered with the

Procurement Division. If you are not already a registered vendor with Knox County, a vendor application must be

completed and submitted via email to lindsay.stout@knoxcounty.org. Vendors must be registered with the

Procurement Division prior to submitting their proposal.

1.28 WAIVING OF INFORMALITIES: Knox County reserves the right to waive minor informalities or technicalities

when it is in the best interest of Knox County.

SECTION II OBLIGATIONS, RIGHTS AND REMEDIES

These terms and conditions shall be part of the Contract. Knox County reserves the right to negotiate other terms and

conditions it deems appropriate and necessary under the circumstances to protect the public’s trust.

2.1 ALTERATIONS OR AMENDMENTS: No alterations, amendments, changes, modifications or additions to this

Contract shall be binding on Knox County without the prior written approval of the County.

2.2 APPROPRIATION: In the event no funds are appropriated by Knox County for the goods or services in any fiscal

year, or insufficient funds exist to purchase the goods or services, then the Contract shall expire upon the

expenditure of previously appropriated funds or the end of the current fiscal year, whichever occurs first, with no

further obligations owed to or by either party.

2.3 ASSIGNMENT: Contractor shall not assign or sub-contract this agreement, its obligations or rights hereunder to

any party, company, partnership, incorporation or person without the prior written specific consent of Knox

County.

2.4 BOOKS AND RECORDS: Vendor shall maintain all books, documents, accounting records and other evidence

pertaining to the goods and services provided under this Contract and make such materials available at its offices

at all reasonable times during the Contract period and for three (3) years from the date of the final payment under

this agreement for inspection by County or by any other governmental entity or agency participating in the funding

of this agreement, or any authorized agents thereof; copies of said records to be furnished if requested. Such

records shall not include those books, documents and accounting records that represent the Vendor's costs of

manufacturing, acquiring or delivering the products and services governed by this agreement.

2.5 CHILD LABOR: Contractor agrees that no products or services will be provided or performed under this Contract

that have been manufactured or assembled by child labor.

2.6 COMPLIANCE WITH ALL LAWS: Contractor is assumed to be familiar with and agrees to observe and comply

with all Federal, State, and Local laws, statutes, ordinances, and regulations in any manner affecting the provision

of goods and/or services, and all instructions and prohibitive orders issued regarding this work and shall obtain all

necessary permits.

2.7 DEFAULT: If Contractor fails to perform or comply with any provision of this Contract or the terms or conditions of

any documents referenced and made a part hereof, Knox County may terminate this Contract, in whole or in part,

and may consider such failure or noncompliance a breach of Contract. Knox County expressly retains all its rights

and remedies provided by law in case of such breach, and no action by Knox County shall constitute a waiver of

any such rights or remedies. In the event of termination for default, Knox County reserves the right to purchase

its requirements elsewhere, with or without competitive solicitation.

2.8 GOVERNING LAW; VENUE: This agreement shall be exclusively construed, governed, and controlled by the

Laws of the State of Tennessee without regard to principles of law, including conflicts of law, of any other

jurisdiction, territory, country, and/or province. Any dispute arising out of or relating to this agreement shall

exclusively be brought in the Chancery Court or the Circuit Court of Knox County, Tennessee. Each party

consents to personal jurisdiction thereto and waives any defenses base on personal jurisdiction, venue and

inconvenient form.

2.9 INCORPORATION: All specifications, drawings, technical information, Request for Proposals, Proposal, Award

and similar items referred to or attached or which are the basis for this Contract are deemed incorporated by

reference as if set out fully herein.

2.10 INDEMNIFICATION—HOLD HARMLESS: Contractor shall indemnify, defend, save and hold harmless Knox

County, its officers, agents and employees from all suits, claims, actions or damages of any nature brought

because of, arising out of, or due to breach of the agreement by Contractor, its subcontractors, suppliers, agents,

or employees or due to any negligent act or occurrence or any omission or commission of Contractor, its

subcontractors, suppliers, agents or employees.

2.11 INDEPENDENT CONTRACTOR: Contractor shall acknowledge that it and its employees serve as independent

contractors and that Knox County shall not be responsible for any payment, insurance or incurred liability.

2.12 INSPECTION AND ACCEPTANCE: Warranty periods shall not commence until Knox County inspects and

formally accepts the goods and/or services. The terms, conditions and timing of acceptance shall be determined

by Knox County. Knox County reserves the right to reject any or all items or services not in conformance with

applicable specifications, and Contractor assumes the costs associated with such nonconformance.

Acceptance of goods or services does not constitute a waiver of latent or hidden defects or defects not readily

detectable by a reasonable person under the circumstances.

2.13 IRAN DIVESTMENT ACT: By submission of this RFP response, each proposer and each person signing on

behalf of any proposer certifies, and in the case of a joint response, each party thereto certifies as to its own

organization, under penalty of perjury, that to the best of its knowledge and belief that each proposer is not on the

list created pursuant to Tennessee Code Annotated § 12-12-106.

2.14 LIMITATIONS OF LIABILITY: In no event shall Knox County be liable for any indirect, incidental, consequential,

special or exemplary damages or lost profits, even if Knox County has been advised of the possibility of such

damages.

2.15 NO BOYCOTT OF ISRAEL: Pursuant to Tennessee Code Annotated Title 12, Chapter 4, Part 1, by submission

of a response to this solicitation, each proposer and each person signing on behalf of any proposer certifies, and

in the case of a joint response each party thereto certifies as to its own organization, under penalty of perjury, that

to the best of its knowledge and belief that each proposer is not currently engaged in, and will not for the duration

of the contract engage in, a boycott of Israel.

2.16 NON-DISCRIMINATION AND NON-CONFLICT STATEMENT: Contractor agrees that no person on the grounds

of handicap, age, race, color, religion, sex, national origin, or any individual trait or characteristic found to be an

illegal consideration, shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to

discrimination in the performance of this agreement or in the employment practices of vendor. Contractor shall

upon request show proof of such non-discrimination and shall post in conspicuous places available to all

employees and applicants notices of non-discrimination. Contractor covenants that it complies with the Fair Wage

and Hour Laws, the National Labor Relations Act, and other Federal and State employment laws as applicable.

Contractor covenants that it does not engage in any illegal employment practices.

Contractor covenants that it has no public or private interest and shall not acquire directly or indirectly any interest

that would conflict in any manner with the provision of its goods or performance of its services. Contractor

warrants that no part of the total Contract amount provided herein shall be paid directly or indirectly to any officer

or employee of Knox County as wages, compensation, or gifts in exchange for acting as officer, agent, employee,

subcontractor or consultant to Contractor in connection with any goods provided or work contemplated or

performed relative to the agreement.

2.17 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provision of this Contract and referenced

documents, the following descending order of precedence shall prevail: (1) Contract, (2) Request for Proposals,

(3) Contractor’s Response, (4) Award, (5) Special Terms and Conditions, (6) General Terms and Conditions, (7)

Specifications, (8) Drawings.

2.18 REMEDIES: Knox County shall have all rights and remedies afforded under the U.C.C. and Tennessee law in

Contract and in tort, including but not limited to, rejection of goods, rescission, and right of set-off, refund,

incidental, consequential and compensatory damages and reasonable attorney’s fees.

2.19 RIGHT TO INSPECT: Knox County reserves the right to make periodic inspections of the manner and means the

service is performed or the goods are supplied and warehoused.

2.20 SEVERABILITY: If any provision of this Contract is declared illegal, void or unenforceable, the remaining

provisions shall not be affected but shall remain in force and in effect.

2.21 TAX COMPLIANCE: Pursuant to Resolution R-07-1-903 passed by the Commission of Knox County, Tennessee,

Contractor hereby acknowledges, by submission of its proposal or proposal and signature, it is current in its

respective Federal, State, County, and City taxes of whatever kind or nature, and is not delinquent in any way.

Delinquent status must be disclosed or risk debarment by the Knox County Procurement Division.

2.22 TERMINATION: County may terminate this agreement with or without cause at any time upon thirty (30) calendar

days written notice. In the event of termination by either party, fees due for services satisfactorily performed or

goods accepted prior to the termination date shall be paid.

2.23 WARRANTY: Contractor warrants to Knox County that all items delivered and all services rendered shall conform

to the specifications, drawings, proposal and/or other descriptions furnished and/or incorporated by reference,

and will be fit for the particular purpose purchased, of merchantable quality, good workmanship, and free from

defects. Contractor extends to Knox County all warranties allowed under the U.C.C. Contractor shall provide

copies of warranties to the County upon request. Return of merchandise not meeting warranties shall be at

contractor’s expense.

SECTION III SPECIAL TERMS AND CONDITIONS

3.1 INTENT: The intent of these specifications is to convey to prospective bidders the general type, size and quality of

a Splash Pad desired for the purpose and use by Knox County Parks and Recreation Department. Award will be

based on Best Value. Best Value means more than low cost. It includes initial cost, service quality and other factors

detailed herein.

3.2 ACCEPTANCE: Vendors are advised that the payment of an invoice does not necessarily constitute as an

acceptance of products or services that are provided. Acceptance requires a specific action in writing by Knox

County so stating.

This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.

Name of Solicitation	Number	Deadline Due Date	Buyer	Attachments
Splash Pad New Harvest Park	3546	04-23-24	Jay Garrison (865) 215-5767	Click Here for the Solicitation

Splash Pad New Harvest Park

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See also