2026-02_On-Call_Pavement_Marking.pdf

Contract No. 2026-02

On-Call Pavement Marking

Town of Farragut 11408 Municipal Center Drive

Farragut, TN 37934

(865) 966-7057

ADVERTISEMENT FOR BIDS

Sealed bids for the project entitled On-Call Pavement Marking will be received by the Town of Farragut by 10:00 a.m., Thursday, June 19th, 2025 at the Farragut Town Hall, 11408 Municipal Center Dr. At said place and time, all bids that have been duly received will be publicly opened and read aloud.

Short Description – Scope of Work

Contractor shall provide all labor, material, equipment and services for installation of pavement marking on various streets in Farragut.

BID DOCUMENTS

All Bids submitted must be prepared with documents obtained from the Town of Farragut or its designee.

Only bids from qualified bidders will be accepted. Qualif ied bidders must comply with the requirements of the State of Tennessee and be appropriately licensed as a contractor in the State of Tennessee as provided in T.C.A. 62-6-101. The bidder’s name, license number, expiration date, and that part of the contracting classification applying to the Bid shall appear on the sealed envelope containing the Bid; otherwise, the Bid shall not be opened.

The Owner will not be responsible for full or partial sets of Bidding Documents, including any Addenda, obtained from any other source. Each Bidder shall be responsible for the review of all Addenda for the project and shall acknowledge all Addenda on the bid form.

The Owner reserves the right to reject any and all Bids, to waive informalities, or to reject non-conforming, non-responsive, or conditional bids. The Owner reserves the right to award a contract to the lowest, responsive, responsible bidder or bidders, taking into consideration quality, performance and time.

INSTRUCTIONS TO BIDDERS

1. The Town of Farragut (hereinafter called the "Owner" or “Town”) invites sealed bids for Contract 2026-02 On-Call Pavement Marking to be submitted to the Farragut Community Center, 11408 Municipal Center Dr. Farragut, Tennessee, by 10:00 a.m., Thursday, June 19th, 2025. Include: The Bidder's name, license number and “Contract 2026-02, On-Call Pavement Marking” on outside of the envelope; otherwise, the bid may not be opened or considered. Provide a drug-free affidavit, non-collusion affidavit, statement of compliance certificate–illegal immigrants, and references in the bid packet.

The bids will be opened and publicly read aloud.

2. Bidders shall submit all questions in writing no later than Thursday, June 12th, 2025 at 5:00 p.m. to Anissa Pratte, Staff Accountant. (apratte@townoffarragut.org).

Proposers contact with anyone else in the Town is forbidden and may result in disqualification of the Proposer’s bid. Further, any oral communication will be considered unofficial and non-binding on the Town. Bidders should rely only on written statements issued by the Finance Department Procurement Division representative.

3. Following a review by the Town staff, the bids will be presented to the Farragut Board of Mayor and Aldermen for approval at its regularly scheduled meeting held on Thursday, July 10th, 2025 or July 24th, 2025.. The bidder awarded the contract is herein referred to as “Contractor.” The Town Engineer, who administers the contract for the Owner, will be referred to herein as “Engineer.”

4. The Owner reserves the right to reject any and all bids and to waive any formalities in the bidding process, and to evaluate bids, and to accept any bid which, in its opinion, may be for the best interest of the Town. The Town of Farragut reserves the right to terminate said contract for convenience upon written notice as provided for herein.

5. The term of this agreement shall commence on August 1st, 2025 (“Effective Date”) and shall remain in effect for an initial term of three (3) years, unless terminated earlier in accordance with the provisions of this agreement.

Upon expiration of the initial term, the Owner shall have the option , at its sole discretion, to extend this agreement for up to two (2) additional one-year periods, under the same terms and conditions, unless otherwise mutually agreed in writing by both parties. The Owner shall provide written notice of its intent to exercise each renewal option no less than (30) days prior to the expiration of the then-current term.

6. All bids shall remain valid for a minimum of thirty (30) days. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within fifteen (15) calendar days.

7. All bidders shall be contractors licensed by the State of Tennessee.

mailto:apratte@townoffarragut.org

8. Although no specific goal is set for this project, all bidders are encouraged to solicit minority and/or women-owned businesses for subcontracting needs.

9. ANY PERSON WHO IS A TOWN EMPLOYEE OR ANY COMPANY, THE MAJORITY

EQUITY OWNERSHIP OF WHICH IS OWNED BY A TOWN EMPLOYEE OR A

PARENT, SPOUSE, CHILD, OR SIBLING OF A TOWN EMPLOYEE OF THE TOWN

OF FARRAGUT, SHALL BE INELIGIBLE TO BID FOR OR BE AWARDED THIS

CONTRACT.

10. It is the policy of the Town of Farragut not to discriminate against qualified bidders for contracts, or its employees on the basis of race, religion, color, national origin, age, sex or disability status in its hiring and employment practices, or in the selection of contractors. It is also the policy of the Town of Farragut to reasonably accommodate all qualified individuals with disabilities in admission to, access to, or operation of its programs, services and activities, unless such accommodations would cause an undue hardship. Any contractors with whom the Town awards contracts are expected to certify and warrant that they will comply with these policies in the contractor’s operations. Should anyone have a concern or question about the application of these policies, please contact the Director of Human Resources and ADA Coordinator, Michelle Pence, by e-mail at mpence@townoffarragut.org or phone 865-966-7057 or in person at Town Hall.

11. Statement applicable ONLY to federally funded projects:

This project IS ☐ IS NOT ☒ federally funded.

The Owner, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this agreement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex or disability in consideration for an award.

The Contractor will comply with Executive Order 11246, entitled “Equal Employment Opportunity,” Executive Order 11375, 41 CFR Chapter 60. No one shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of any contract covered by this order, on the grounds of race, color, national origin, or sex.

The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. 276a-276a-7; 29 CFR Part 5 regarding wages paid to employees.

The Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 327-330, 29 CFR Part 5.

mailto:mpence@townoffarragut.org

The Contractor will comply with the Copeland “Anti-Kickback” Act, 18 U.S.C. 874, 29 CFR Part 3.

The Contractor will comply with all applicable standards, orders, or requirements issued under: section 306 of the Clean Air Act, 42 U.S.C. 1857(h); section 508 of the Clean Water Act, 33 U.S.C. 1368, Executive Order 11738; and, Environmental Protection Agency regulations, 40 CFR part 15.

This contract is subject to all appropriate Federal laws, including Title VI of the Civil Rights Act of 1964.

12. DRUG-FREE WORKPLACE

As required by Tennessee Code Annotated § 50-9-113, the Contractor shall provide with their bid, an affidavit certifying that the bidding entity has in effect, at the time of submission of its bid to perform the construction referred to above, a drug-free workplace program that complies with Tennessee Code Annotated Sections 50-9-101 through 50-9-113. This statute forbids any local government from entering into any contract or awarding any contract for construction services with any covered employer who has not provided the affidavit of compliance.

A model affidavit regarding Drug-Free Workplace is provided at the end of this packet.

13. As required by Tennessee Code Annotated § 50-9-114, the Owner maintains and operates a drug-free workplace program as certified by Tennessee’s Drug-Free Workplace Act, as amended. The program operated by Owner includes drug and alcohol testing for persons required to have a commercial driver’s license; procedures for urine drug testing and breath alcohol testing; and testing at the following times and circumstances: pre-employment, transfers, upon reasonable suspicion, post-accident (post-incident), random, return-to-duty, and follow-up. Prohibited conduct includes the following: being on duty or performing work while under the influence; engaging in making, distribution or possession of illegal drugs at any time or alcohol while on duty;

refusing or failing a test administered under the policy; providing an altered or fake specimen for testing; use of alcohol while on on-call for duty or within four hours prior to reporting for duty; and use of drugs or alcohol within eight hours after an accident or incident unless already cleared of fault. Violations may result in termination. All bidders are required to and shall provide with their bid an affidavit certifying that the bidding entity operates a drug-free workplace program or other drug and alcohol testing program with requirements at least as stringent as the program operated by Owner. A copy of Owner’s program may be obtained upon request. The model affidavit referred to in the previous paragraph complies with the foregoing requirement.

14. NON-COLLUSION

Each bidder shall provide with their bid an affidavit executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration.

A model affidavit regarding collusion is provided at the end of this packet.

15. EMPLOYING AND CONTRACTING WITH ILLEGAL IMMIGRANTS

The Town shall endeavor to do business only with those contractors and subcontractors that are in compliance with the Federal Immigration and Nationality Act. This policy shall apply to all state contractors including subcontractors. This policy statement is issued to establish implementation guidance to procuring state agencies and contractors reflecting the requirements of Governor’s Executive Order #41, An Order Regarding Compliance with Federal and State Laws Related to Employing and Contracting with Illegal Immigrants, and the requirements of Public Acts of 2006, Chapter Number 878 of the State of Tennessee (codified at Tennessee Code Annotated, Title 12, Chapter 4, Part 1)

The Contractor hereby attests, certifies, warrants, and assures that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract. The Contractor shall reaffirm this attestation, in writing, by submitting to the Town a completed and signed copy of the Attestation form provided by the Town, semi-annually during the period of this Contract.

Prior to the use of any subcontractor in the performance of this Contract, and semiannually thereafter, during the period of this Contract, the Contractor shall obtain and retain a current, written attestation that the subcontractor shall not knowingly utilize the services of an illegal immigrant to perform work relative to this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant to perform work relative to this Contract.

The Contractor shall maintain records for its employees used in the performance of this Contract. Said records shall include a completed federal Department of Homeland Security Form I-9, Employment Eligibility Verification, for each employee and shall be subject to review and random inspection at any reasonable time upon reasonable notice by the State.

The Contractor understands and agrees that failure to comply with this section will be subject to the sanctions of Public Chapter 878 of 2006 for acts or omissions occurring after its effective date. This law requires the Commissioner of Finance and Administration to prohibit a contractor from contracting with, or submitting an offer, proposal, or bid to contract with the Town of Farragut and the State of Tennessee to supply goods or services for a period of one year after a contractor is discovered to have knowingly used the services of illegal immigrants during the performance of this contract.

For the Purposes of this policy, “illegal immigrant” shall be defined as a non-citizen who has entered the United State of America without federal government permission or stayed in this country beyond the period allowed by a federal government-issued visa authorizing the non-citizen to enter the country for specific purposes and a particular time period.

Compliance and non-compliance procedures will be as specified in the Tennessee Department of Finance and Administration’s Policy on “Ensuring Compliance with Federal Immigration Laws by State Contractors and Subcontractors”.

A model certificate regarding illegal immigrants is provided at the end of this packet.

16. FORMS/AFFIDAVITS

All forms and affidavits must be completed and submitted as part of the bid packet.

17. SUBCONTRACTOR LIST

Each bidder shall provide with his bid a listing of sub-contractors it intends to use on this project, along with a listing of the subcontractors’ duties. Additionally, the Contractor shall be responsible to the Engineer that all subcontract arrangements are in the form of a written agreement containing all the requirements and pertinent provisions of the prime contract.

18. BID SUBMISSION CHECK LIST

A check list has been provided with this document to assist with preparing bid documents. All items on this check list are required to be submitted with the bid for the project. If any of the required items are not completed and included in the bid packet, the bid may be rejected.

BID SUBMISSION CHECKLIST

For preparing the bid, the following is required.

On the outside of the Bid Envelope, the following is required:

o Bidder’s name o License number, expiration date, and classification o Contract name: “Contract 2026-02, On-Call Pavement Marking” o List of all subcontractors who will be used on the project and the part(s) of construction work they will perform. If work is valued at $25,000 or greater, subcontractor must be licensed in the State of Tennessee. Include for each licensed subcontractor; license number, expiration date, and classification.

o Acknowledgement of any addendum(s) issued for the project (if applicable)

All of the following items are required to be completed and submitted with the bid:

o Bid Form (all pages including the Bid Form, total bid, signatures, equipment list, and references section) o Drug-Free Workplace Affidavit o Non-Collusion Affidavit o Statement of Compliance Certificate - Illegal Immigrants

GENERAL CONDITIONS

1. Utilities: The Contractor shall contact the owner(s) of any onsite utility lines to determine the presence/ location of said lines and shall fully protect same from damage; any repairs required from damage due to the Contractor's activities shall be paid by the Contractor.

Any required relocations shall be by owners of utilities or Contractor. All excavation shall be done in accordance with TCA 65-31-102, "Underground Utility Damage Prevention."

2. Insurance: Prior to the start of any work described by this contract, Contractor shall procure and shall maintain in force for the duration of any activities by Contractor with regard to the Project, Workers’ Compensation Insurance, Employer’s Liability Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance on all owned, non-owned and hired vehicles. Failure by Contractor to obtain or maintain any insurance coverage(s) as required by this contract shall constitute a material default of Contractor’s obligations and shall, notwithstanding any contract provisions to the contrary entitle Owner at its option to immediately (i) stop all work by Contractor pending adequate proof of the existence of proper coverage (no stop work order shall entitle Contractor to additional time or money), (ii) terminate the Contract for default, (iii) purchase proper coverage(s) and charge all costs thereof to Contractor, and/or (iv) withhold any further payments to Contractor until arrangements for the required coverage(s) are made.

Owner shall be listed as additional insured on each of these policies except for Workers’ Compensation. A waiver of subrogation in favor of Owner is required from all insurance carriers including the Workers’ Compensation carrier.

Contractor’s Commercial General Liability, Automobile Liability, and Workers’ Compensation coverages shall be primary and non-contributory and any applicable insurance carried by the Owner shall be excess over Contractor’s insurance. The policies shall be written with limits of liability not less than the following:

A. Commercial General Liability including Premises and Operation, Completed

Operations (carried for a period of two years after the completion of the Project), Contractual Liability, Contractors Protective Liability and XCU coverages:

Bodily Injury & Property Damage: $1,000,000 per Occurrence $2,000,000 Aggregate

Aggregate Limit shall apply specifically to this project. Additional insured status to the Owner should apply to ongoing operations and completed operations.

B. Automobile Liability: $1,000,000 Combined Single Limit for

Bodily Injury and Property Damage on all Owned, Non- Owned and Hired Vehicles (Symbol 1 coverage)

C. Workers’ Compensation: Statutory coverage in accordance with the laws of the state and/or states in which the Work is to be performed. The certificate must show the state where the Project is located as a covered state for the statutory benefits of that state. Any applicable Federal or Maritime coverage (e.g. Longshoremen’s and Jones Act) that may be required due to Contractor’s work shall be included in Contractor’s coverage. Certificate must show waiver of subrogation in favor of Owner from Workers’ Compensation carrier. Workers’ Compensation coverage will apply to all employees, including executive officers.

Employer’s Liability: $100,000 Per Accident

$500,000 Disease Policy Limit $100,000 Disease Each Employee

D. Umbrella/Excess Liability Policy - $1,000,000 Excess/following form coverage over

General Liability, Auto Liability and Employer’s Liability.

E. Contractors Pollution coverage with limits of $1,000,000 combined single limit.

Coverage to include job site, transportation and disposal site coverage for any and all hazardous materials and waste brought on to the job site, disturbed or generated by Contractor.

F. To the extent Contractor’s work includes design services, assistance in design services or any professional services, Contractor will be required to carry Professional Errors and Omissions coverage with limits of $1,000,000 combined single limit.

Contractor shall maintain in effect all insurance coverage required at Contractor’s sole expense and with insurance companies acceptable to Contractor and with at least “A-VII” A.M. Best rating.

All insurance policies shall contain a provision that the coverages afforded thereunder shall not be canceled or not renewed or restrictive modifications added, until at least thirty

(30) days prior written notice has been given to the Owner.

Certificates of insurance or certified copies of policies acceptable to Owner shall be filed with Owner prior to start of the Contractor’s work. The Insurance Certificate provided under this contract shall remove the following wording in the event of cancellation or material change in coverage: “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agent or representative.”

Contractor’s Insurance Certificate shall be in the form prescribed by Owner, a copy of which is available to Contractor upon request. Owner’s receipt of any Insurance Certificate that fails to comply with any terms herein shall not constitute a waiver of any of Contractor’s obligations or of any of Owner’s rights hereunder.

Contractor shall require the same coverages described herein from any subcontractors.

Contractor shall be liable to, and shall defend, indemnify, and hold harmless, Owner for any loss or expense, including reasonable attorney’s fees, resulting from Contractor’s failure to provide or require any insurance coverage described herein.

3. Indemnification: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless Owner and its consultants, agents, and employees of each of them from and against any and all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from the performance of the Contractor’s work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of Contractor, or of anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. This paragraph is not intended to require the indemnification of any party against that party’s sole negligence.

The foregoing obligations shall not be construed to negate, abridge, reduce or to be in conflict with other rights or obligations of indemnity which would otherwise exist, including but not limited to obligations upon the Contractor which may be incorporated by reference from other provisions of the contract documents. To the fullest extent permitted by law, the foregoing duties of indemnification shall be enforceable against Contractor independently of and in addition to any other indemnity requirements of the contract documents which shall constitute separate obligations upon Contractor.

In claims against any person or entity indemnified under this paragraph by an employee of the Contractor, or of anyone for whose acts they may be liable, the indemnification obligations of the contract shall not be limited by any limitation on the amount or type of damages, compensation or disability benefit acts or other employee benefit acts.

Contractor shall, at its own expense, conform to and comply with all specific safety requirements of Owner and comply with all specific safety requirements promulgated by any governmental authority, including without limitation, the requirements of the Occupational Safety and Health Act of 1970 and the Construction Safety Act of 1969 and all standards and regulations which have been or shall be promulgated by the parties or agencies which administer such acts. Contractor shall directly receive, respond to, defend and can be responsible for all citations, fines, and penalties which may be incurred by reason of its failure or failure on the part of its agents, employees, materialmen, or subcontractors to so comply.

4. Specifications: Workmanship and materials shall conform to the January 1, 2021 edition of the TDOT Standard Specifications for Road and Bridge Construction (TDOT, Bureau of Highways), as well as all applicable Supplemental Specifications, unless otherwise required in the “Contract Documents”.

5. Landscaping and/or Stabilization: The Contractor shall utilize appropriate measures to comply with all ordinances of the Town of Farragut, including Title 14, Chapter 5, Sec. 14- 523 - Landscaping and Stabilization Requirements of the Farragut Municipal Code to prevent the release of sediment from the site.

6. Traffic Control: Where applicable, the Contractor shall be responsible for obtaining and maintaining all applicable traffic control measures as specified in the current Manual on Uniform Traffic Control Devices. The traffic control devices installed by the Contractor shall be checked on a daily basis to ensure compliance with the traffic control plan. The Contractor shall be responsible for the immediate replacement of any traffic control device or sign that is lost, stolen, or otherwise defaced or damaged so that it does not perform its intended function.

Nothing in the plans or contract documents is intended to supersede or relieve the Contractor of the responsibility of installing traffic control devices in accordance with the current Manual on Uniform Traffic Control Devices, Part VI Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations.

Flaggers are to be provided with proper attire and paddle when necessary to safely handle traffic through the construction zone. The Contractor shall ensure that flaggers are trained and certified in flagging operations by one of the following training programs:

1. American Traffic Safety Services Association (ATSSA)

2. National Safety Council (NSC)

3. Tennessee Transportation Assistance Program (TTAP)

The Town will accept flagger training programs developed and conducted by construction industry associations, consultant organizations, and contractors if they have an established, written program that meets all MUTCD requirements and TDOT Policy. The Town will consider flaggers to be a general requirement of traffic control and will not make direct payment for such.

If applicable, it is the Contractor's responsibility to make ample and safe provisions for both vehicular and pedestrian traffic including maintenance of traffic control at all times.

When working in the Town of Farragut’s Right of Way, all of the Contractor’s personnel are required to wear retroreflective vests and/or any other safety equipment that would be necessary for the work being performed.

7. The Layout of the Work: The Contractor shall provide for grade checking plus all additional layout and supervision required to construct the Work to the lines and grades required by the plans.

8. Estimated Quantities: The Contractor understands that the quantities of work shown herein are approximate only and are subject to increase or decrease and agrees that all quantities of work, whether increased or decreased, are performed at the unit costs stated on the bid form. Information in this document and plans is the minimum necessary to define the work required. It shall be the responsibility of all bidders to inspect the site to fully evaluate existing conditions.

9. Differing site conditions:

A. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract are encountered at the site, the Contractor, or its agent, employee or subcontractor discovering such conditions shall promptly notify the Engineer in writing of the specific differing conditions and shall cease work.

B. Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the contract is warranted.

C. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

10. Suspensions of work ordered by the Engineer:

A. If the performance of all or any portion of the work is suspended or delayed by the

Engineer in writing for a period of time that was not originally anticipated, or that is not customary, or is not inherent to the construction industry for this type of project and the Contractor believes that additional compensation and/or contract time is appropriate as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

B. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Contractor will be notified of the Engineer's determination whether or not an adjustment of the contract is warranted.

C. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.

D. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

11. Significant changes in the character of work:

A. The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

B. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment to the contract completion date will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable.

C. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

D. The term ''significant change'' shall be construed to apply only when the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction.

12. Termination: The Town may terminate this agreement (in whole or in part) for convenience or for default as described below.

A. Termination for Convenience. The Town may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination.

The Contractor shall promptly submit its termination claim to Engineer to be paid the Contractor. If the Contractor has any property in its possession belonging to the Town, the Contractor will account for the same, and dispose of it in the manner the Engineer directs.

B. Termination for Default. If the Contractor refuses or fails to prosecute the Work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the Work within this time, or if the Contractor fails to comply with any other provisions of this contract, the Town may terminate this contract for default. The Town shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Town may take over the Work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the Work. The Contractor and its sureties shall be liable for any damage to the Town resulting from the Contractor’s refusal or failure to complete the Work within specified time, or its failure to comply with provisions on this contract, whether or not the Contractor’s right to proceed with the Work is terminated. This liability includes any increased costs incurred by the Town in completing the Work.

The Contractor’s right to proceed shall not be terminated nor the Contractor charged with damages under this clause if:

1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor.

Examples of such causes include: acts if God (other than weather), acts of another contractor in the performance of a contract with the Town, epidemics, quarantine restrictions, strikes, freight embargoes; and

2. The Contractor, within five (5) days from the beginning of any delay, notifies the Town in writing of the causes of the delay. If in the judgment of the Town, the delay is excusable, the time for completing the work shall be extended. The judgment of the Town shall be final and conclusive on the parties, but subject to appeal under the Breaches and Dispute Resolution clauses (General Conditions, § 11).

If, after termination of the Contractor’s right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Town.

13. Work: The Contractor shall, in a good workmanlike manner, perform all work and furnish all labor, materials, tools, equipment and accessories to perform and complete the Work required by these Contract Documents, within the time period specified, and in accordance with the directions of the Engineer or his designee, as given from time to time during the progress of the Work.

The Contractor shall comply with and be subject to all terms, conditions, requirements, and limitations of the contract and specifications and shall do, carry on, and complete the entire Work to the satisfaction of the Engineer and/or his designee.

14. Protection of Work, Property, and Persons: The Contractor will be responsible for initiating, maintaining and supervising all safety precautions in connection with the Work. Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury, or loss to all employees on the work and other persons who may be affected thereby.

The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of local, state, and federal government. Contractor will erect and maintain, as required by the conditions and progress of the work all necessary safeguards for safety and protection. The Contractor will remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole, or in part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

In order to protect the lives and health of his employees under the contract, the Contractor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work arising out of and in the course of employment on work under the contract.

15. Inspection and Testing: All materials and equipment used in the construction shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. The Owner will provide any necessary inspection and testing directly and not as part of the contract.

Neither observations by the Contractor nor inspections, tests, or approvals by Contractor’s agents, employees or subcontractors shall relieve the Contractor from its obligations to perform the work in accordance with the requirements of the Contract Documents.

Contractor shall follow all local, state, and federal laws and/or ordinances.

16. Supervision by Contractor: The Contractor shall be solely responsible for supervising and directing his work. The supervisor designated by the Contractor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times to perform adequate supervision and coordination of the work.

17. Correction of Work: The Contractor shall promptly remove from the premises all work rejected by the Engineer or his designee for failure to comply with his directions or contract documents, and the Contractor shall promptly replace and execute the work in accordance with the approval of the Engineer or his designee and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement.

The Contractor shall replace or repair work rejected by the Engineer in accordance with the directions of the Engineer. If Contractor fails to comply with those directions for repair or replacement, or if the Engineer determines that Contractor cannot or will not comply with these directions, then Owner shall make the repair or replacement of the defective or nonconforming work, and shall deduct the costs of performing such repairs or replacement from the contract price and/or from funds held by Owner.

If, in the opinion of the Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the Contractor hereunder shall be reduced by such an amount as in the judgment of the Town Administrator shall be equitable.

18. Payment to the Contractor: Upon final completion of all work and final inspection and acceptance by the Town, the Contractor shall submit a request for payment based on the bid unit prices and as-built quantities of work and supported by such data as the Town Administrator may reasonably require. The work will not be considered complete unless all defective or nonconforming work has been repaired, replaced, or accepted with a deduction in the contract price.

19. Acceptance of Final Payment as Release: The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this Work.

20. Work Time: Work shall begin upon receipt of a written Notice to Proceed. This project shall be complete in its entirety on or before the Completion Date as stated in the Agreement.

In the event the Work is not completed on or before the Completion Date, deduction for liquidated damages shall be made as defined in the section Liquidated Damages of the General Conditions.

21. Breaches and Dispute Resolution:

A. Disputes – Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the Engineer, who is the authorized representative of Town. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Engineer. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Engineer shall be binding upon the Contractor and the Contractor shall abide by the decision.

B. Performance during Dispute – Unless otherwise directed by the Town, Contractor shall continue performance under this contract while matters in dispute are being resolved.

C. Claims for Damages – Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

D. Remedies – Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within Knox County, Tennessee.

E. Rights and Remedies – The duties and obligations imposed by the Contract

Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an Owner approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

END OF SECTION

SPECIFICATIONS FOR PAVEMENT MARKING

Scope of Work

The Work comprises installation of pavement markings at the various locations within the Town.

Locations and Items to install will be determined per written Work Order from the Engineer. Work performed under this contract may include retracing existing markings, removal of existing pavement markings and the installation of new pavement markings.

Work Order

With each on-call repair request, the Contractor shall be notified by the Engineer with a written Work Order. Upon receipt of the Work Order, the Contractor shall return to the Engineer with a signed Work Order a written work plan which includes any requested lane closure, the location of the work, proposed start date, and estimated duration of completing the work. The Work Order is to acknowledge the Engineer’s estimate as reasonably accurate for the scope of work described.

The Contractor shall begin work no later than the first working day occurring after the expiration of 14 calendar days after the date of the Work Order, unless previously approved otherwise by the Engineer, or his representative. With each Work Order, the Contractor shall provide continuous operation until the work is complete. A continuous operation is defined as the uninterrupted performance of work on successive working days until the completion of all of the items of work specified in the Work Order. Working days is defined as per Section 101.03 of the January 1, 2021 edition of the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction.

Actual amounts paid to the Contractor will depend on amount of work approved and completed for each issued Work Order.

If the Contractor fails to begin the work within 14 calendar days, or fails to complete the work, or any specified portion thereof, within the time prescribed in the Work Order, including any authorized extensions of time, the Contractor shall pay to the Owner, as liquidated damages and not as a penalty, the amount of $50.00 per calendar day for each day of delay beyond the agreed completion date.

This amount is agreed upon by both parties as a reasonable estimate of the damages the Owner will incur due to such delay, including but not limited to administrative costs, loss of use, disruption to other scheduled work, and inspection costs. The parties acknowledge that actual damages would be difficult to ascertain at the time of contract execution.

The total amount of liquidated damages shall be deducted from any payments due or to become due to the Contractor under this contract. Assessment of liquidated damages shall not relieve the Contractor from any other contractual obligations.

Nothing in this clause shall limit the Owner's right to terminate the contract or seek other remedies as provided in this Agreement.

Grace periods for work to begin may be permitted before liquidated damages begin to accrue, at the sole discretion of the Owner.

Public Safety

The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of its prosecution of the Work. The safety provisions of applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. Contractor shall provide safety vest for all workers to be worn while working within the right of way. Other required safety items will be cones, barrels, flags, etc. The Engineer may require additional traffic control as needed.

No pay item is provided for these items. All costs will be included in price bid for other items.

Materials and Installation

All Work will be performed in accordance with the latest January 1, 2021 edition of the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction at http://www.tdot.state.tn.us/construction/specs.htm, unless otherwise noted in this document, or directed by the Engineer.

Measurement and Payment

Measurement and payment of Items will be for the accepted quantities of each item listed in the bid schedule at the contract unit price. This price shall be full compensation for all work, equipment, materials, labor, and other incidentals required to complete the Work in accordance with the specifications.

END OF SECTION

http://www.tdot.state.tn.us/construction/specs.htm

AGREEMENT

Contract No. 2026-02

On-Call Pavement Marking

This agreement made as of the ___ day of August, in the year 2025 by and between the;

TOWN OF FARRAGUT (Hereinafter called Owner) and 11408 Municipal Center Drive Farragut, TN 37934

(Hereinafter called Contractor)

WITNESSETH THAT OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth agree as follows:

ARTICLE 1. WORK

The Contractor shall perform all Work as specified or indicated in the Contract Documents for the completion of the project generally described as follows:

Completion of Pavement Marking contract per minimum bid specifications.

ARTICLE 2. ADMINISTRATOR

The Town Engineer will act as Administrator in connection with completion of the work in accordance with the Contract Documents.

ARTICLE 3. CONTRACT TIME

The term of this agreement shall commence on August 1st, 2025 (“Effective Date”) and shall remain in effect for an initial term of three (3) years, ending on July 31st, 2028, unless terminated earlier in accordance with the provisions of this agreement.

Upon expiration of the initial term, the Owner shall have the option , at its sole discretion, to extend this agreement for up to two (2) additional one-year periods, under the same terms and conditions, unless otherwise mutually agreed in writing by both parties. The Owner shall provide written notice of its intent to exercise each renewal option no less than (60) days prior to the expiration of the then-current term.

ARTICLE 4. CONTRACT PRICE

The Owner will pay the Contractor for the performance of the contract in current funds for the total quantities of work performed at the prices stipulated in the bid for the several respective items of work completed, the total amount to be due upon completion and final acceptance of the Work, and the receipt of lien releases from the Contractor and all Subcontractors.

ARTICLE 5. CONTRACT DOCUMENTS

The Contract Documents which comprise the contract between Owner and Contractor are attached hereto and made a part hereof and consist of the following:

A. Instructions to Bidders

B. General Conditions

C. Specifications for Pavement Marking

D. On-Call Work Order(s)

E. This Agreement

F. Contractor's Bid and Equipment List

G. Addenda Numbers…