Contract No. 2026-05

Resurfacing of Various Streets

Town of Farragut

11408 Municipal Center Drive

Farragut, TN 37934

(865) 966-7057

TABLE OF CONTENTS

Instruction to Bidders 3

Bid Submission Checklist 10

Bid Envelope Cover Sheet 11

Special Provisions: Price Adjustment for Bituminous Materials – 109B 12

Special Conditions 17

General Conditions 20

Agreement 32

Street Resurface Schedule – 2026 38

Bid Form 40

Drug-Free Workplace Affidavit 43

Non-Collusion Affidavit 44

Statement of Compliance Certificate of Illegal Immigrants 45

Title VI Assurance Certification 46

Equal Employment Opportunity/Affirmative Action Policy Statement 47

Owner’s Ethnicity & Gender of Contractors & Sub-Contractors Statement 48

Certification Regarding Debarment & Suspension 49

Iran Divestment Act Certification 50

Non-Boycott of Israel Certification 51

Boyd Anti-Lobbying Amendment Certification 52

Addenda Acknowledgement & Bid Certification 54

INSTRUCTIONS TO BIDDERS

1. The Town of Farragut (hereinafter called the "Owner" or “Town”) invites sealed bids for the resurfacing contract to be submitted to the Farragut Town Hall, 11408 Municipal Center Drive, Farragut, Tennessee, by 2:00 p.m. on Thursday, June 12th, 2025. Include:

Bidder's name, license number and "Resurfacing of Various Streets" on outside of the envelope; otherwise, the bid may not be opened or considered. The bids will be opened and publicly read aloud.

2. Procurement Schedule:

ITB Issue 05/06/2025 Deadline for Bidder Questions 06/05/2025 @5:00pm Bids Due 06/12/2025 @2:00 pm Intent to Award 06/13/2025 Board of Mayor and Alderman Approves/Contract Signed 06/26/2025

3. Following a review by the Town Staff, the bids will be presented to the Farragut Board of

Mayor and Aldermen for approval. The bidder awarded the contract is herein referred to as “Contractor.” The Town Engineer, who administers the contract for the Owner, shall be referred to herein as “Engineer.”

4. Proposals are to be received by the Town no later than the date and time indicated in Section 2 of the Instruction to Bidders. Proposers assume the risk of the method of delivery. The Town assumes no responsibility for delays caused by any delivery service.

Postmarks will not be accepted as proof of receipt. Emailed proposals will not be accepted. A Proposer’s failure to submit a proposal as required before the deadline may cause the proposal to be disqualified.

Proposers must submit in a sealed package:

• One (1) bound paper copy clearly marked “Original”

• One (1) electronic copy (a single .pdf file containing all submitted material including the pricing sheet), on a USB drive. In the event of a discrepancy between the electronic version and hard copy, the response in the hard copy (Original) will prevail.

• Two (2) bound paper copies clearly marked “Copy”

The proposal package shall be mailed, couriered, or hand delivered to the Town at:

Town Hall, 2nd Floor Attn : Finance Department, Anissa Pratte 11408 Municipal Center Dr Farragut, TN 37934

The package should be clearly labeled using the Bid Envelope Cover Sheet provided in this Invitation to Bid (ITB) :

5. Communications All communications regarding this RFP must be submitted via email to the Finance Department Procurement Division representative identified below:

Anissa Pratte, Staff Accountant,apratte@townoffarragut.org.

The Staff Accountant will be the sole point of contact for this RFP.

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.

6. Contractors must provide their license number(s), references and equipment list with their bid or the bid will not be considered. A conditional or qualified bid will not be accepted.

7. 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 Owner. The Town of Farragut reserves the right to terminate said contract for convenience upon written notice as provided for herein.

8. No bidder may withdraw its bid for a period of sixty (60) days after the actual date of opening thereof.

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.

mailto:apratte@townoffarragut.org

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 by phone 865-966-7057 or in person at Town Hall.

a. 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.

b. 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.

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

d. 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. 11368, Executive Order 11738; and Environmental Protection Agency regulations, 40 CFR part 15.

e. This contract is subject to all appropriate Federal laws, including Title VI of the

Civil Rights Act of 1964.

f. The Owner, in accordance with Title VI of the Civil Rights of Act 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.

mailto:mpence@townoffarragut.org

11. DRUG-FREE WORKPLACE

a. 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.

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

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 the 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.

12. 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.

13. With respect to compliance with respect to requirements regarding Suspension and Debarment:

(a) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. 180.995) or its affiliates (defined at 2 C.F.R.

180.905) are excluded (defined at 2 C.F.R. 180.940) or disqualified (defined at 2 C.F.R.

180.935).

(b) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(c) This certification is a material representation of fact relied upon by the Town of Farragut. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 1 80, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town of Farragut, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(d) The bidder or proposer agrees to comply with the requirements on C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

14. 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.

A model certificate regarding STATEMENT OF COMPLIANCE CERTIFICATE – ILLEGAL IMMIGRANTS is provided at the end of this packet.

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”.

15. The Contractor shall be required to perform a minimum of 50 percent of the total work required for this project with its own organization, based upon the value of work and materials shown in the bid form, and compared to the total bid amount. 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 and the percentage of each subcontractor’s cost as part of the overall project cost. Additionally, the Contractor must certify 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.

16. The Contractor acknowledges that 31 U.S.C.Chap. 38 (Administrative Remedies for

False Claims and Statement) applies to the Contractor’s actions pertaining to this

17. The following six Government required certifications have been completed and affixed to the Agreement:

Drug-Free Workplace Affidavit Employ/Contract with Illegal Immigrants Certification Iran Divestment Act Certification Non-Boycott of Israel Certification Certification Regarding Debarment and Suspension Byrd Anti-Lobbying Amendment Certification Non-Collusion Affidavit Title VI Assurance Equal Employment Opportunity

END OF SECTION

BID SUBMISSION CHECK LIST

For preparing the Bid Envelope, the following is required on the outside of the envelope:

1. Bidder Name,

2. TN license number, expiration date, and license classification(s)

3. “Resurfacing of Various Streets”

4. Acknowledgement of any addendums issued for the Project (if applicable)

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

1. Bid Form

a. All pages including the bid, signature, alternates, equipment list, and references sections

2. Drug-Free Workplace Affidavit

3. Non-Collusion Affidavit

4. Employ/Contract with Illegal Immigrants Certification

5. Iran Divestment Act Certification

6. Non-Boycott of Israel Certification

7. Certification Regarding Debarment and Suspension

8. Byrd Anti-Lobbying Amendment Certification

9. Title VI Assurance

10. Equal Employment Opportunity

11. Owners Ethnicity and Gender Statement.

12. Addenda Acknowledgement & Bid Certification

13. A list of all subcontractors who will be used on the project and the part(s) of construction work they will each perform. If work is valued at $25,000 or greater, subcontractor TN license number, expiration date, and license classification(s) shall also be listed.

Bid Envelope Cover Sheet (affix this cover sheet to the outside of the bid envelope)

Invitation to Bid No. 2026-05

Bid Opening Date: June 12th, 2025 Bid Opening Time: 2:00 p.m.

Bid Opening Place: Town of Farragut Town Hall Addendums Included: __________________

Complete All Blanks!

Bidder/Prime Contractor:

Address:

TN Contractors License Number:

License Classification: License Limitation($):

License Expiration Date:

11408 Municipal Center Dr

SP109B SP109B

S T A T E O F T E N N E S S E E

(Rev. 05-16-16) January 1, 2021 (Rev. 04-01-19) (Rev. 11-08-19) (Rev. 3-2-23)

SPECIAL PROVISION

REGARDING

PAYMENT ADJUSTMENT FOR BITUMINOUS MATERIAL

This Special Provision covers the method of payment adjustment for bituminous materials.

100% Virgin Bituminous Material

A payment adjustment will be made to compensate for increases and decreases of 5% or more in the contractor's bituminous material cost. The normal bid items in the contract covering the bituminous material shall not be changed. Payment adjustments (+/-) shall be paid under “Payment Adjustment for Bituminous Material” and calculated as described herein:

A "Basic Bituminous Material Index" will be established by the Tennessee Department of Transportation prior to the time the bids are opened. This "Basic Bituminous Material Index" is the average of the current quotations on P.G. 64-22 from suppliers furnishing asphalt cement to contractors in the State of Tennessee. These quotations are the cost per ton f.o.b.

supplier's terminal.

The "Basic Bituminous Material Index" for this project is $_661.31________ per ton.

The "Monthly Bituminous Material Index" is also established on the first day of each month by the same method. A payment adjustment shall be made provided the “Monthly Bituminous Material Index” varies 5% or more (+/-) from the "Basic Bituminous Material Index".

Where the price index varies 5% or more (+/-), the payment adjustment will be made as follows:

Where:

PA = [Ic - Ib] x T

PA = Price Adjustment for Adjustment Month

Ib = Basic Bituminous Material Index

Ic = Monthly Bituminous Material Index

T = Tons bituminous material for Adjustment Month

Payment adjustment will be applied to all asphalt cement, asphalt emulsion, or bituminous material used for paving on this project.

Upon the expiration of the allocated working time, as set forth in the original contract or as extended by Change Order, payment adjustments for bituminous material will continue to be made when the "Monthly Bituminous Material Index" varies 5% or more (+/-) from the "Basic Bituminous Material Index".

The calculation of the bituminous payment adjustment shall be made using the “Monthly Bituminous Material Index” or the “Bituminous Material Index for Contract Completion Date” in accordance with the following formulas:

The “Bituminous Material Index for Contract Completion Date” is the Monthly Bituminous Material Index in effect on the allocated Contract Completion Date or on the completion date as extended by Change Order.

The “Monthly Bituminous Material Index” is less than the “Bituminous Material Index for Contract Completion Date”.

PA = [Ic - Ib] x T

The “Monthly Bituminous Material Index” is greater than the “Bituminous Material Index for

PA =

[Icd - Ib] x T

PA = Price Adjustment for Adjustment Month Ib = Basic Bituminous Material Index Ic = Monthly Bituminous Material Index Icd = Bituminous Material Index for Contract Completion Date (or as extended by Change Order) T = Tons

FOR REFERENCE ONLY

Site Manager or spreadsheet calculates the price adjustment based on the actual amount of asphalt cement (residue) in the emulsion using the following percentages:

-tack coats and shoulder sealants (e.g., SS-1, SS-1h, CSS-1, Css-1h)

63% residue

-prime coats (e.g., AE-P) 54% residue -scrub seals and micro surfacing (e.g., CQS-1HP) 65% residue -chip seals (e.g., CRS-2, CRS-2P) 69% residue -hot in-place recycle (ARA-3P) 63% residue

Mixes Containing Recycled Bituminous Material The quantity of virgin asphalt cement in tons subject to payment adjustment in recycled mixes shall be the product of the total tons of each mix multiplied by the difference between (1) the percent of asphalt cement specified for bidding purposes and (2) the percent of asphalt cement obtained from the recycled asphaltic material (RAP) used in each mix. No payment adjustment under this special provision for increases and decreases in the contractor's cost for virgin asphalt cement in recycled mixes will be allowed for asphalt cement content in excess of the percent specified for bidding purposes, as all payment adjustments for asphalt cement in the mix design of recycled mixes in excess of the percent of asphalt cement specified for bidding purposes will be made in accordance with the Standard Specifications.

No payment adjustment for bituminous material containing RAP shall be made unless the

“Monthly Bituminous Material Index” varies 5% or more (+/-) from the “Basic Bituminous Material Index” indicated in this Special Provision.

Where the price index varies 5% or more (+/-), the payment adjustment will be made as follows:

PA =

[Ic - Ib] x [BA - RA] x Tm 100

Ib = Basic Bituminous Material Index Ic = Monthly Bituminous Material Index BA = Percent asphalt specified for bidding purposes RA = Percent asphalt obtained from recycled asphaltic material used in each mix Tm = Tons asphalt mix for adjustment month

Upon the expiration of the allocated working time, as set forth in the original contract or as extended by Change Order, payment adjustments for bituminous material containing RAP will continue to be made when the "Monthly Bituminous Material Index" varies 5% or more (+/-) from the "Basic Bituminous Material Index".

The calculation of the bituminous payment adjustment shall be made using the “Monthly Bituminous Material Index” or the “Bituminous Material Index for Contract Completion Date” in accordance with the following formulas:

The “Bituminous Material Index for Contract Completion Date” is the Monthly Bituminous Material Index in effect on the allocated Contract Completion Date or on the completion date as extended by Change Order.

The “Monthly Bituminous Material Index” is less than the “Bituminous Material Index for

PA = [Ic - Ib] x [BA - RA] x Tm

The “Monthly Bituminous Material Index” is greater than the “Bituminous Material Index for

PA = [Icd - Ib] x [BA - RA] x Tm

Ib = Basic Bituminous Material Index Ic = Monthly Bituminous Material Index Icd = Bituminous Material Index for Contract Completion Date (or as extended by Change Order) BA = Percent asphalt specified for bidding purposes RA = Percent asphalt obtained from recycled asphaltic material used in each mix Tm = Tons asphalt mix for adjustment month

SPECIAL CONDITIONS

1. The work shall begin upon receipt of a written Notice to Proceed from the Engineer. After work has begun, work is to be performed in a continuous manner until completed.

2. NTP will be provided no earlier than July 1, 2025.

3. Any work performed during the Town of Farragut’s 4th of July events, Tuesday, July 1, 2025 through Monday, July 7, 2025, must be pre-approved and coordinated with the Engineer.

4. All work including but not limited to Cold Planning and the Final Paving Surface on N.

Campbell Station Road (Old Colony to Campbell Lakes Drive) shall be completed either between the hours of 9:00 a.m. and 3:00 p.m. or between the hours of 8:00 p.m. and 6:00 a.m.

5. A preconstruction conference is required prior to commencement of any Work. At a minimum, the following will be discussed:

• Review roller compaction techniques for longitudinal joints (e.g. proper 0.5”- 1.5” overlap, do not lute joint, first roller pass 6”-12” from the joint)

• Establishing personnel responsible for the compaction techniques.

• The limits of resurfacing are to be confirmed.

6. Only TDOT trackless tack TTT-1 is approved for use in this contract. The tack coat is to be applied per the recommendations of the manufacturer. All traffic and equipment must be kept off the tack coat until the emulsion ‘breaks’. The overlay should not be placed until the tack coat has cured to the point where it is tacky to the touch.

7. Vehicle detection loops shall ONLY be installed in the binder course. Installation of the loops in the surface course is not acceptable. If the loops are inadvertently installed in the surface course, the contractor will be responsible for fully correcting the installation as specified. Contractor shall confirm if each intersection is on vehicle loop detection or radar detection prior to installing any new vehicle loop detectors.

8. Temporary pavement striping for delineation of travel lanes shall be installed at the conclusion of each workday. All areas of milled and/or newly resurfaced streets shall be marked as required by the Engineer. Short, unmarked sections will not be allowed.

9. The contractor shall formulate and submit a proposed job mix formula (JMF) and laboratory design at least 14 calendar days prior to the scheduled start of production. The contractor shall submit a TDOT Plant Report each day during paving operations.

10. The Contractor shall have working knowledge of the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG) and Tennessee Department of Transportation (TDOT) standards.

11. The Contractor is solely responsible to ensure all Work is in strict accordance with the requirements of the PROWAG and TDOT standards. Any new installations that do not meet these requirements shall be reworked at the Contractor’s expense with no additional cost to the Town.

12. Should there be any conflict between these Special Conditions and the General Conditions, the Special Conditions take precedence.

13. Information in this document is the minimum necessary to define the work required. It shall be the responsibility of all bidders to inspect the sites to fully evaluate existing conditions.

14. All streets must be cleaned and deemed acceptable to the Engineer, or his designee, prior to beginning Work and after Work is complete.

15. Cold planning of bituminous plant mix pavement shall be per the latest edition of the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction, Section 415. Any temporary “ramping” of entrances or driveways between the milling and paving operations is considered incidental work. The cost for incidental work is not paid for directly, but included in other items bid. Material used for ramping is to be bituminous plant mix pavement, unless approved by the Engineer.

16. All driveways shall be returned to the condition prior to the commencement of the project.

All driveways must be tied into new pavement as required by the Engineer, or his designee, to ensure that no problems are created for the adjoining property owners.

17. On all roads, the first course of asphalt must be installed within seven (7) calendar days of the completion of cold planning operations on those roads.

18. Overruns & Final Payment - Any payment requests of non-lump sum contract items shall not be approved above 5% of the estimated bid quantity, unless request is approved in writing by the Engineer. The Owner’s field inspector is not authorized to approve overrun quantities above 5% of the estimated bid quantity.

19. The Contractor shall always exercise proper precautions for the protection of persons and property and shall be responsible for all damages to person or property, either on or off the site, which occur as a result of his 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 vests for all workers to be worn while working within the right of way. Other required safety items will be cones, barrels, flags, etc.

20. Sidewalks and Crossing shall remain closed and protected from the public at all times during construction and until final acceptance by the Town.

21. This contract includes the resurfacing of the basketball court at Anchor Park. Contractor shall place 1.5” of asphalt and requires no milling.

22. For resurfacing of walk paths, the Contractor shall be responsible for clearing and grading both sides to allow overlay over the entire width of the walkway. Contractor shall remove and dispose of all debris from clearing and grading operation.

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. Performance Bond and Payment Bond: The Contractor shall within ten (10) days after the receipt of the Notice of Award and before the commencement of any operations hereunder executed, furnish the Owner with a performance and payment bond in a sum equal to 100% of the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions, and agreements of this contract, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by this contract. Such bond shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the State of Tennessee and acceptable to the Owner. The expense of this bond shall be borne by the Contractor. If at any time a surety on such bond becomes irresponsible or loses its right to do business in the State of Tennessee, the Owner may require another surety which the Contractor shall furnish within ten (10) calendar days after receipt of written notice to do so. Evidence of authority of any attorney in fact acting for the corporate surety must be provided in the form of a certificate terminated and remains in full force and effect on the date of the bond. The form of the bond shall be subject to approval by the Owner.

6. 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.

7. 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 Contractor shall provide a copy of each flagger’s certification prior to “Notice to Proceed” being issued. 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.

8. 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.

9. 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.

10. 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.

11. 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

12. 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.

13. 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 of 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.