City of Murfreesboro

INVITATION TO BID

This Invitation to Bid (“ITB”) is subject to the instructions, conditions, specifications, addenda, and any other elements of this ITB, including those incorporated by reference.

DATE ISSUED: July 21, 2026

BID TITLE: ITB-05-2027 – Rogers Park Basketball Court Resurfacing and Goal

Replacement

CITY CONTACT PERSON: Cathy Smith, Purchasing Director

TELEPHONE NUMBER: (615) 849-2629

E-MAIL ADDRESS: purchasing@murfreesborotn.gov

All bid responses must be received and acknowledged by the Purchasing Department on or before the day and time listed below, at which time all bids will be publicly opened and read aloud via Zoom. A link will be provided to all those registered as “following this bid”. All bids must be submitted electronically via OpenGov; free registration for online procurement is located at:

https://procurement.opengov.com/portal/murfreesborotn

Bid must include the bid title, bid opening date, and the bidder’s name. Failure to provide this information may result in the bid not being considered.

BID OPENING DATE: August 11, 2026

BID OPENING TIME: 2:00 p.m., local time (CST)

1. INSTRUCTIONS AND CONDITIONS

1.1. Bid Submission to the City of Murfreesboro.

The City is seeking bids for “ITB-05-2027 – Rogers Park Basketball Court Resurfacing and Goal Replacement” on behalf of the Murfreesboro Parks and Recreation Department as set forth in the specifications listed within this ITB. Electronic bids will be received by the City of Murfreesboro until 2:00 p.m. local time on August 11, 2026, at which time the bids will be opened via Zoom. A Zoom link will be provided and listed on OpenGov, to all those proposers following this solicitation.

A Pre-Bid Meeting will be conducted at Rogers Park Basketball Courts, 1115 Hunt Street, Murfreesboro, on Tuesday July 28, 2026, at 10:00 AM, located at Rogers Park. Attendance at the Pre-Bid Meeting is highly recommended but is not a requirement for bid submittal.

1.2. Deadline and Late Responses.

No bids received after the bid opening date and time will be accepted. Bids received by the Purchasing Department after the specified time will be considered late. The City shall not be responsible for bids that are mailed or sent via private delivery services. The City will not accept bids submitted by fax. The City will accept bids submitted electronically via our procurement portal, OpenGov.

1.3. Organization of Bid and Completeness.

Please submit one electronic copy of the bid to the Purchasing Department via the City’s e-procurement portal, OpenGov. Bidders must allow sufficient time to ensure receipt of the bid. It shall be the sole responsibility of the bidder to have completed the electronic bid form and uploaded the required documents to the City before the deadline. Partial or incomplete bids will be rejected. All bid responses should be typewritten. If not typewritten, they must be written in ink and clearly legible, and numbers must be expressed in both words and figures. Erasures, whiteouts, and other modifications should be initialed. Bidders are cautioned to verify their bid response prior to submission.

1.4. Signature.

All bids must be signed by a duly authorized officer of the company empowered with the legal right to bind the company. A typed name will not be acceptable without the person’s written signature as well. Signatures are required where indicated; failure to comply with this requirement shall be cause for rejection of the bid. All submitted bids must be binding for a period of ninety (90) calendar days from the bid submission deadline. The Signature Sheet must be uploaded to OpenGov with the bid submission.

1.5. Response to Terms and Conditions.

Unless an exception is taken, the awarded contract will contain the requirements of this Invitation to Bid. In its sole discretion, the City reserves the right to either consider or reject any bid that takes exception to the specifications or attached contract.

1.6. Completeness of Invitation to Bid.

These documents, and those listed on OpenGov, constitute the complete set of specification requirements and ITB. The bidder is responsible for ensuring that all pages and all addenda are received. The City advises all bidders to closely examine this ITB package and immediately direct any questions regarding the completeness of this ITB package and any addenda to the City’s Contact Person via the Question/Answer tab on OpenGov. Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the following website:

https://procurement.opengov.com/portal/murfreesborotn

Bidders must satisfy themselves as to the accuracy of the estimated quantities in the Bid Schedule.

After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or the natures of the work to be done.

1.7. Bid Interpretation. Communication with the Purchasing Department.

Cathy Smith is the City’s contact for coordinating communications between the department and firms/vendors submitting bids. If additional information is required in order to make an interpretation of items in this ITB, written questions will be accepted until five (5) business days prior (Tuesday, August 4, 2026) to the bid opening date by 2:00 p.m. All questions should be submitted through the Question/Answer tab in OpenGov. All questions and all responses will be visible to every bidder.

The City specifically requests that no contact concerning this ITB be made with any other City personnel until the selection process has been completed. Failure to honor this requirement will be viewed negatively in the award process and may result in the disqualification of a bid.

1.8. Discrepancies, Errors, and Omissions.

Any discrepancies, errors, omissions, or ambiguities in this ITB, the specifications, or addenda (if any) should be reported to the contact person for the City. If necessary, a written addendum will be issued to firms/vendors on record, and the addendum will be incorporated in the ITB and will become part of the contract. The City will NOT be responsible for any oral instructions, clarifications, or other communications, and no such oral communication may be relied on by any bidder.

The City of Murfreesboro is not responsible for technical errors or omissions made by prospective bidders during the bid submission process that may result in a bid not being submitted, being submitted incompletely, or being submitted incorrectly. In the case of technical issues that are verified to be a City error, the Purchasing Department will take reasonable steps to resolve the issue so that the process remains fair to all bidders.

1.9. Errors.

Certain mistakes may be corrected so long as the intended correct bid response is clearly evident.

In the event of a disagreement between the unit price and the extended price, the unit price will control.

1.10. Further Negotiation.

The City reserves the right to further negotiate contract terms after the ITBs are opened, with any potential firm/vendor if such is deemed necessary at the discretion of the City.

1.11. Economy of Preparation.

The Bid should be prepared simply and economically, providing a straightforward, concise description of the bidder’s capabilities to satisfy the requirements of the ITB. Emphasis should be on completeness and clarity of content.

1.12. Subcontracting.

If any part of the work is, or is to be, subcontracted, the bidder shall provide within the Bid a description of the subcontracting organization and the contractual arrangements made therewith.

All subcontractors will be subject to approval by the City. The successful bidder will also furnish the corporate or company name and the names of the officers or principals of said companies proposed as subcontractors by the bidder.

1.13. Bid Registration and Modification.

Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the website: https://procurement.opengov.com/portal/murfreesborotn. Bids may be modified, withdrawn, and/or resubmitted in writing to the City prior to the deadline for bid submission via the e-procurement portal. After this deadline, no withdrawals or resubmissions may be made for any reason.

1.14. Tax Exempt.

The City is exempt from federal and state taxes. Upon request, the City will provide a sales tax exemption certificate to the awarded firm. Contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations to the City, nor shall any vendor be authorized to use the City’s Tax Exemption Number in securing such materials.

1.15. Contract Term.

If an award is made, any contract resulting from this ITB will be effective on the date the contract is signed. The contract shall not be effective until approved by the City Council and signed by all required parties. The contract period shall be for a term of ninety (90) calendar days from the date of Notice to Proceed. All bid prices shall be effective until the end of the contract term. The City may terminate the contract in whole or in part if it is dissatisfied with the bidder’s product, service, or delivery, or if the bidder, without clear documentation of an increase in the cost of materials or labor costs, imposes an increase in the price of any item which the City is unwilling to accept.

1.16. Pricing Effective for six (6) months.

The successful bidder shall provide in the bid price the cost for the goods and services rendered.

Pricing shall be effective for six (6) months from the date of bid award. If, in the bidder’s opinion, additional equipment, goods, or services are necessary, this shall be included with an explanation in the bid. It is requested that bidders raise any such questions in advance of submitting a bid to the City. To submit a bid implies consent to the terms set forth in this ITB.

1.17. Approval Required.

No award or acquisition can be made until approved by the City Council. The City will not be obligated to bidders for equipment and/or services until the completion of a signed contract approved by authorized officials of the City. This solicitation in no manner obligates the City to the eventual rental, lease, or purchase of any equipment, goods, or services described, implied, or which may be proposed, until confirmed by a written contract. Progress towards this end is solely at the discretion of the City and may be terminated at any time prior to the signing of a contract.

1.18. Terms and Conditions.

The City reserves the right to reject any and all bids, to waive any irregularities in a bid, to make awards to more than one bidder, to accept any part or all of a bid, or to accept the bid (or bids) which, in the judgment of the governing body, is in the best interest of the City. The City also reserves the right to make revisions to any quantity shown on the bid form, dependent upon bid prices and available funding. Prices bid on each item shall be firm regardless of the actual quantity of item(s) purchased. The City reserves the right to increase or decrease amounts and/or quantities at its discretion. Quantities have been provided as an approximation and may be estimates of potential purchases and are not necessarily guaranteed initial purchase quantities.

1.19. Withdrawal of Bid.

No bidder may withdraw its bid for a period of ninety (90) calendar days after the date and time set for the opening of the responses. In the event the City awards a contract to a bidder and during such ninety (90) day period determines that such bidder will be unable to properly perform under the contract, the City reserves the right to terminate the contract and award the contract to the next best offer without being required to re-advertise the project.

1.20. Cost of Response.

The City will not be liable for any costs incurred by the bidders in preparing a response to this solicitation. Bidders will submit responses at their own risk and expense. The City makes no guarantee that any equipment or services will be purchased as a result of the solicitation and reserves the right to reject any and all responses. All responses and their accompanying documentation will become the record of the City.

1.21. Contract.

The successful bidder’s response to this ITB shall be included as an addendum to the contract.

Should any conflict or discrepancy arise between the ITB and the contract, the contract shall control. All bidders who are awarded contracts pursuant to this ITB agree to be bound by the terms and conditions set forth in the sample City Contract provided at the end of this ITB. If the bidder objects to any contract terms or proposes any additional terms, such objections and terms must be set forth in the bid. Rejection of any proposed City Contract terms may be a basis for rejection of the bid.

1.22. Contract Termination.

The City reserves the right to cancel the contract for the equipment without cost or penalty to the City if, in the City’s opinion, there is a failure at any time by the contractor to adequately perform the contract, or if there is any attempt to willfully impose upon the City a material or product or workmanship which is, in the opinion of the City, of an unacceptable quality. Cancellation of the contract shall not impair any rights or claim of the City to damages for the breach of any covenants of the contract by the contractor. The contract awarded may be terminated upon any of, but not limited to, the following occurrences:

a) bankruptcy or insolvency of the bidder or one or more of the bidder’s principal owners;

b) unauthorized substitution of products other than those identified in the specifications or specifically approved by the City as a substitute prior to award of the contract;

c) unsatisfactory performance of products supplied by the bidder or services provided by the bidder;

d) fraud; and

e) any other breach of the terms of the ITB specifications or contract.

1.23. Contract Modification.

The contract may be modified only by written amendment executed by all parties and their signatories hereto.

1.24. Replacement or Repair.

No waiver of any provision of the contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default.

The City, at its option and in lieu of immediate termination, may request the awarded bidder replace or repair any defective goods or correct performance by written notice to the contractor.

In that event, the contractor shall take corrective action within the amount of time specified by the City in the written notice. Exercise of this option shall not relieve the contractor of any liability to the City for damages for the breach of any covenants of the contract by the contractor. Contractor shall provide standard manufacturer’s warranties.

1.25. Expense of Legal Action.

Awarded bidder agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the contract, and in the event the City prevails, the awarded bidder shall pay all expenses of such action, including the City’s attorney fees and costs at all stages of the legal action.

1.26. Governing Laws.

The validity, construction, and effect of the contract, and any and all extensions and/or modifications thereof, shall be governed by the laws of the State of Tennessee.

1.27. Severability.

Should any provision of the contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of the contract. Any action between the parties arising from this agreement shall be maintained in the courts of Rutherford County, Tennessee.

1.28. Indemnification and Hold Harmless.

Contractor must indemnify, defend, and hold harmless the City, its officers, agents, and employees from any claims, penalties, damages, costs, and attorney fees (“Expenses”) arising from injuries or damages resulting from, in whole or in part, the negligent or intentional acts or omissions of contractor, its officers, employees, and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees, and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend, or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

1.29. Statutory Disqualification.

By submitting a response, it is represented that neither the Bidder/Contractor nor any of its officers, directors, shareholders, member, or partners has been convicted or plead guilty or nolo contender to any violation of the Sherman Anti-Trust Act, mail fraud, or other state or federal criminal violation in connection with a contract let by the City of Murfreesboro or any political subdivision of the State of Tennessee.

1.30. Contractor’s Employment Practices.

Bidder, after being first duly sworn, affirms that by its employment policy, standards, and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal, or laying off of any individual due to the individual’s race, creed, color, national origin, age, or sex and it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

1.31. City’s Employment Practices.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Bidder certifies and warrants that Bidder will comply with this policy.

Bidder must affirm that under its employment policies, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

1.32. Non-Discrimination.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, veteran status, disability, or other status or class protected under federal or state law in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this Agreement, Contractor certifies and warrants that it will comply with this policy. No person may be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City’s contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal law or Tennessee State Constitutional or statutory law; nor may they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of the City’s Contractors.

Accordingly, all proposers entering into contracts with the City may, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination.

1.33. Conflict of Interest.

By submitting a response, it is represented that no officer, committee member, or director of the City or other persons whose duty is to vote for, let out, overlook, or in any manner supervise any work on any contract for the City has a “direct interest”, as defined by T.C.A. § 12-4-101, in the bidder or in the work which is subject to this ITB.

1.34. Ethical Standards.

Bidder understands that it shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or bid therefore.

1.35. Breach of Ethical Standards.

A breach of ethical standards could result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor under City contracts.

1.36. Payments.

Payments under the contract shall be made by the City after goods and services have been satisfactorily provided and accepted and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. If the parties agree within the contract to submit invoices and payments in installments, then each installment payment will be made upon the submittal of an invoice after the performance of the portion of the services for which each payment represents. The final payment shall not be made until after the performance is complete.

1.37. Codes & Regulation, Delivery.

All services and/or equipment must comply with City, county, state, and federal laws, rules, codes, and regulations. The bidder/contractor will obtain and pay for all permits, if any, necessary to complete the work. Bid prices shall include delivery of all items F.O.B. destination. The term “F.O.B. destination” shall mean delivered and unloaded in-house or on-site service, with all charges for transportation and unloading prepaid by the bidder/contractor.

1.38. Iran Divestment Act of Tennessee.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, to the best of its knowledge and belief that each bidder is not on the list created pursuant to T.C.A. § 12-12-106. Bids not conforming to this provision shall not be opened. Failure of any bidder to comply therewith shall void the bid, and such bid shall not be considered. This completed form must be uploaded to OpenGov with the bid submittal.

1.39. Non-Boycott of Israel.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, to the best of its knowledge and belief that each supplier is not boycotting Israel pursuant to T.C.A. § 12-4-119 and will not boycott Israel during the term of the contract. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.

1.40. Evaluation of Bid

a. The ability of the bidder to perform the contract or to provide the material for service required; Whether the bidder can perform the contract and provide the material or service promptly or within the time specified without delay or interference;

b. The character, integrity, reputation, experience, and efficiency of the bidder;

c. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

d. The ability of the bidder to provide future maintenance and service for the use of the subject contract;

e. Terms and conditions stated in the bid;

f. Compliance with specifications or the ITB;

g. Utilization of the format set forth in this ITB for submittal of a bid; and,

h. Bidder’s past performance with the City.

1.41. Bidder’s Compliance

The City will evaluate proposals for compliance and completeness.

1.42. Contractor’s License.

Pursuant to Tennessee Code Annotated Title 62, Chapter 6, Part 1, if a bid is $25,000 or above, the bidder must be a licensed contractor as required by the Contractor’s Licensing Act of 1976, Public Chapter No. 822 of the General Assembly of the State of Tennessee, as amended. In accordance with T.C.A. § 62-6-119, Bidder shall provide the following information within the electronic bid document:

1) The bidder’s name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract;

2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract (if applicable) where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000);

3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000);

4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L), and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000);

5) Prime contractor bidders who are to perform the masonry portion of the construction project, which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation, or air conditioning, or the geothermal heating and cooling must be so designated; and

6) Only one (1) contractor in each of the classifications listed above shall be provided within the electronic bid document.

Bids not conforming with this provision shall not be opened. Failure of any bidder to comply therewith shall void such bid, and such bid shall not be considered.

1.43. Bid Bond, Payment Bond, and Performance Bond.

For any construction project for which the bid amount is over $100,000, the successful bidder must furnish a Bid Bond. A copy of the Bid Bond must be uploaded with the Bid submittal, and the original must be delivered to the Purchasing Department prior to the award being made.

Additionally, a Performance Bond and a Payment Bond, each in the amount of 100% of the bidder’s entire obligation under this Agreement, as security for faithful performance and payment will be required for any construction project over $100,000.

1.44. Evaluation of Bid.

Any contract awarded pursuant to this ITB shall be awarded to the lowest responsive and responsible bidder whose bid response meets the requirements and criteria set forth in this ITB. A “responsive bidder” means a person who has submitted a bid response, which conforms in all material respects to the ITB. A “responsible bidder” means a person who has the capacity, reputation, and experience in all respects to fully perform the contract requirements and the integrity and reliability, which will assure good faith performance within the time specified without delay or interference. The City may make such investigations as deemed necessary to determine the ability of the bidder to provide the products and services required by the bid package. Any items proposed deemed not to be equal and/or better of comparable quality as that specified shall be cause for rejection of a bid. The City will evaluate the bid based on the lowest cost, which fully conforms to specifications, and whether the proposed costs and terms are, in the City’s judgment, consistent with current market pricing, appropriate for the services provided, and commensurate with the level of quality expected. In addition to the price, the following aspects will be considered in the award of a contract:

a) The ability of the bidder to perform the contract or to provide the material for the service required;

b) Whether the bidder can perform the contract and provide the material or service promptly or within the time specified without delay or interference;

c) The character, integrity, reputation, experience, and efficiency of the bidder;

d) The previous and existing compliance by the bidder with laws and ordinances relating to the contract and/or service;

e) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

f) Terms and conditions stated in the bid;

g) Compliance with specifications and/or the ITB;

h) Utilization of the format set forth in this ITB for submittal of a bid; and

i) If applicable, Bidder’s past performance with the City.

The City will evaluate proposals for compliance and completeness.

2. SPECIFICATIONS

2.1. Description of Project:

The purpose of this Invitation to Bid (ITB) is to obtain a licensed contractor to provide all labor, materials, equipment, supervision, transportation, disposal, and incidentals necessary to repair, resurface, restripe, and restore two (2) existing outdoor asphalt basketball courts, approximately 9968 square feet of total surface area, and replace existing basketball goal systems with four (4) new complete basketball goal systems. The project is located at Rogers Park, 1115 Hunt Street, Murfreesboro, TN 37130.

By submitting a bid, the bidder represents that the bidder is familiar with the project requirements and has the ability to properly and safely provide the goods and services required for the basketball court resurfacing and goal replacement at Rogers Park.

Bidder further represents that the bidder has qualified personnel to provide the goods and services by the date agreed upon. The bidder is responsible for providing any equipment and supplies necessary to provide the goods and services.

2.2. Requirements. Contractor is to provide all provide all labor, materials, equipment, supervision, transportation, disposal, and incidentals necessary to repair, resurface, restripe, and restore two

(2) existing outdoor asphalt basketball courts and replace existing basketball goal systems with four

(4) new complete basketball goal systems, located at Rogers Park. Base asphalt is structurally sound; repairs are surface level only.

Contractor must be approved and/or certified to install specified products, including Acrytech surfacing systems, Latexite PlushTex crack repair, and Brewer Company PolyMesh fiberglass reinforcement. Work includes crack repair, resurfacing, and installation of basketball goals and backboards.

The project shall be bid and awarded as a complete turn-key project.

a) Contractor Qualifications

• Minimum of five (5) years of experience in resurfacing athletic courts;

• Minimum of three (3) similar athletic court resurfacing projects completed within the last five (5) years;

• Be approved to install the specified surfacing products.

• Provide Sam UEI Number

b) Material Requirements

• Resurface courts using Acrytech Athletic Court Surfacing System.

• Repair cracks with Latexite PlushTex Asphalt Restoration System, manufacturer approved Fabric Crack Repair System, and Brewer Company PolyMesh Fiberglass Reinforcement.

• Use Bison Ultimate Fixed-Height Basketball System (AC-871444XX Series) to replace goals and backboards.

• Equivalent products may be considered only if they meet or exceed the specified standards.

c) Surface Preparation

• Remove vegetation, weeds, debris, and loose material from court surfaces and cracks. Pressure wash all court surfaces.

• Prepare surfaces in accordance with the manufacturer's recommendations.

• Apply Latexite PlushTex asphalt restoration product across the entire court surface in accordance with the manufacturer's specifications.

d) Crack Repair

• Repair all visible cracks within the project limits utilizing materials and methods designed for athletic court applications.

• Include a minimum of 650 linear feet of crack repair.

• Utilize a manufacturer-approved fabric crack repair system capable of addressing reflective cracking and asphalt deterioration.

• Install Brewer Company PolyMesh fiberglass reinforcement or an approved equal over major cracks and repaired areas.

• Include a minimum of 250 linear feet of fiberglass reinforcement.

• Repair and level deteriorated asphalt areas prior to resurfacing.

• Finished repairs shall be free from ridges, depressions, birdbaths, trip hazards, and abrupt surface transitions.

e) Acrylic Surfacing System

• Utilize Acrytech athletic court surfacing products.

• Apply resurface and color coating materials in accordance with manufacturer specifications.

• Provide a minimum of 2 color coats.

• Color selections shall be pre-approved by the City.

• Finished surface shall be uniform in appearance, texture, and playability.

f) Line Striping

• Stripe courts in accordance with current NCAA and NFHS basketball standards.

• Use acrylic line paint compatible with the surfacing system.

• Existing basketball court layout shall be maintained unless otherwise directed by the City.

g) Basketball Equipment

• Contractor shall remove and dispose of existing basketball goals, backboards, support poles, foundations, and associated materials as required.

• Contractor shall furnish and install four (4) complete basketball goal systems.

• Basis of Design shall be Bison Ultimate Fixed-Height Basketball System (AC-

871444XX Series) or approved equal.

• Each system shall include:

o 5-9/16 inch O.D. galvanized steel pole.

o Fixed-height basketball goal system.

o 72-inch x 42-inch clear-tempered glass rectangular backboard.

o Heavy-duty breakaway goal.

o Heavy-duty nylon net.

o Manufacturer's mounting hardware and accessories.

o Concrete foundation as required by the manufacturer.

o Pole padding not required.

• All Systems Shall:

o Be designed for outdoor park and recreation use.

o Be installed in accordance with manufacturer recommendations.

o Provide a finished rim height of ten feet (10’0”).

o Be plumbed, leveled, and aligned with the court layout.

h) Warranty

• Minimum 1‑year installation/workmanship warranty.

• Manufacturer warranties shall be transferred to the City upon project completion.

i) Required Bid Submittals-MUST SUBMIT WITH BID RESPONSE

• Material specifications/product data sheets.

• Installation Method.

• References from similar projects (can use City reference sheet).

• Warranty documentation.

A Pre-Bid Meeting will be conducted at Rogers Park Basketball Courts, 1115 Hunt Street, Murfreesboro, on Tuesday July 28, 2026, at 10:00 AM, located at Rogers Park. Attendance at the Pre-Bid Meeting is highly recommended but is not a requirement for bid submittal.

2.3. Protection of Persons and Property:

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to (1) all employees on the worksite and other persons who may be affected thereby, (2) all the work and all the materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. All damage or loss to any property caused in whole or in part by the contractor, or anyone directly or indirectly employed by the contractor, or by anyone for whose acts the contractor may be liable, shall be remedied by the Contractor.

2.4. Contractor’s Liability Insurance.

Contractor shall submit with its bid a Certificate of Insurance and Endorsement as evidence of insurance. Contractor shall provide:

1) Commercial General Liability Insurance Coverage of not less than one million dollars ($1,000,000). The general liability insurance requirement may be accomplished with a combination of a general liability policy and an excess/umbrella liability policy.

2) Auto Liability Insurance Coverage of not less than five million dollars ($5,000,000). The auto liability insurance requirement may be accomplished with a combination of an auto liability policy and an excess/umbrella liability policy.

3) Workers’ Compensation Insurance Coverage of not less than one million dollars ($1,000,000).

4) The commercial general liability and auto liability insurance policies shall be written or endorsed to name as additional insureds “the City of Murfreesboro and its elected officials, officers, employees, representatives, and agents” (“Additional Insureds”) in connection with all work and activities related to the goods and services. These policies shall also waive all rights of subrogation against the Additional Insureds.

2.5. Liability.

The Contractor is responsible for the instruction, supervision, and implementation of all safety rules and regulations. Contractor is also responsible for complying with all City ordinances. The City of Murfreesboro is not responsible for any damages, injuries, or loss of life connected with this project.

2.6. Licenses in Tennessee.

The successful bidder shall be a licensed Contractor, licensed to do business in the State of Tennessee.

2.7. Equipment, Tools, and Apparatus.

All equipment, tools, apparatus, and any other supplies needed to perform the services must be supplied by the Contractor. The City of Murfreesboro will not supply any equipment to the Contractor to complete the work. The Contractor is responsible for the working conditions and safety of all equipment, tools, apparatus, and other required supplies.

2.8. Work timeline.

Work may begin as soon as the contract is executed and a Notice to Proceed is issued.

2.9 Attachment A: Required Clauses

The State of Tennessee Third Party Clauses and Federal Third Party Clauses are applicable;

please refer to Exhibit A.

ATTACHMENT A

Required State of Tennessee Third Party Clauses

Conflicts of Interest.

The Grantee warrants that no part of the total Grant Contract Amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Grantee in connection with any work contemplated or performed relative to this Grant Contract

Lobbying.

The Grantee certifies, to the best of its knowledge and belief, that:

a. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

b. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,'' in accordance with its instructions.

c. The Grantee shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352

Nondiscrimination.

The Grantee hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Grant Contract or in the employment practices of the Grantee on the grounds of handicap or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Grantee shall, upon request, show proof of nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

Public Accountability.

If the Grantee is subject to Tenn. Code Ann. § 8-4-401 et seq., or if this Grant Contract involves the provision of services to citizens by the Grantee on behalf of the State, the Grantee agrees to establish a system through which recipients of services may present grievances about the operation of the service program. The Grantee shall also display in a prominent place, located near the passageway through which the public enters in order to receive Grant supported services, a sign at least eleven inches (11") in height and seventeen inches (17") in width stating:

NOTICE: THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY

DIRECTOR OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL,

IMPROPER, OR WASTEFUL, PLEASE CALL THE STATE COMPTROLLER’S TOLL-FREE HOTLINE: 1-800- 232-5454.

The sign shall be on the form prescribed by the Comptroller of the Treasury. The Grantor State Agency shall obtain copies of the sign from the Comptroller of the Treasury, and upon request from the Grantee, provide Grantee with any necessary signs.

Public Notice.

All notices, informational pamphlets, press releases, research reports, signs, and similar public notices prepared and released by the Grantee in relation to this Grant Contract shall include the statement, “This project is funded under a grant contract with the State of Tennessee, Department of Transportation.” All notices by the Grantee in relation to this Grant Contract shall be approved by the State.

Records.

The Grantee and any approved subcontractor shall maintain documentation for all charges under this Grant Contract. The books, records, and documents of the Grantee and any approved subcontractor, insofar as they relate to work performed or money received under this Grant Contract, shall be maintained in accordance with applicable Tennessee law. In no case shall the records be maintained for a period of less than five (5) full years from the date of the final payment.

The Grantee’s records shall be subject to audit at any reasonable time and upon reasonable notice by the Grantor State Agency, the Comptroller of the Treasury, or their duly appointed representatives.

The records shall be maintained in accordance with Governmental Accounting Standards Board (GASB) Accounting Standards or the Financial Accounting Standards Board (FASB) Accounting Standards Codification, as applicable, and any related AICPA Industry Audit and Accounting guides.

In addition, documentation of grant applications, budgets, reports, awards, and expenditures will be maintained in accordance with U.S. Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Grant expenditures shall be made in accordance with local government purchasing policies and procedures and purchasing procedures for local governments authorized under state law.

The Grantee shall also comply with any recordkeeping and reporting requirements prescribed by the Tennessee Comptroller of the Treasury.

The Grantee shall establish a system of internal controls that utilize the COSO Internal Control - Integrated Framework model as the basic foundation for the internal control system. The Grantee shall incorporate any additional Comptroller of the Treasury directives into its internal control system.

Any other required records or reports which are not contemplated in the above standards shall follow the format designated by the head of the Grantor State Agency, the Central Procurement Office, or the Commissioner of Finance and Administration of the State of Tennessee.

Environmental Tobacco Smoke.

Pursuant to the provisions of the federal “Pro-Children Act of 1994” and the “Children’s Act for Clean Indoor Air of 1995,” Tenn Code Ann. §§39-17-1601 through 1606, the Grantee shall prohibit smoking of tobacco products within any indoor premises in which services are provided to individuals under the age of eighteen (18) years. The Grantee shall post “no smoking” signs in appropriate, permanent sites within such premises. This prohibition shall be applicable during all hours, not just the hours in which children are present. Violators of the prohibition may be subject to civil penalties and fines. This prohibition shall apply to and be made part of any subcontract related to this Grant Contract.”

Required Federal Third-Party Clauses

Incorporation of Federal Transit Administration (FTA) Terms

The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

Notice to Third Party Participants

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and

Applicable changes to those federal requirements will apply to each Third Party Agreement and parties thereto at any tier.

Civil Rights Laws and Regulations

The following Federal Civil Rights laws and regulations apply to all contracts.

1. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations.