ITB 2026-03 - Pavement Markings - 2026-08-04.pdf

Page | 1 City of La Vergne Invitation to Bid #2026-03

CITY OF LA VERGNE

5093 Murfreesboro Road

La Vergne, Tennessee 37086

INVITATION TO BID

ITB #2026-03

Pavement Markings

Bid Due Date:

August 17, 2026, no later than 10:00 a.m. (CST)

The City of La Vergne (“City”) will receive and publicly open sealed bids at La Vergne City Hall for the Pavement Markings. This Invitation to Bid is subject to the instructions, conditions, specifications, addenda, and any other elements of this Invitation to Bid, including those incorporated by reference.

If you are an individual with a disability and require a reasonable accommodation, please contact City Administrator, Bruce Richardson, at (615) 287-8634. If you have additional questions regarding this Invitation to Bid, please contact the Public Works Manager, Alex Thompson, at (615) 287-8658.

All bid responses must be received and acknowledged in the City Administrator’s Office on or before the date and time listed, at which time all bids will be publicly opened and read aloud.

SUBMIT BID RESPONSE IN A SEALED ENVELOPE TO:

Bruce Richardson, City Administrator City of La Vergne

La Vergne, Tennessee 37086

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Invitation to Bid

Pavement Markings

DATE ISSUED: August 4, 2026 CITY CONTACT PERSON: Alex Thompson, Public Works Manager

TELEPHONE NUMBER: (615) 287-8658

E-MAIL ADDRESS: athompson@lavergnetn.gov

Bid envelope must include the bid title, bid opening date, and the bidder’s name. Failure to provide this information on the envelope may result in the bid not being considered. Do not submit bids by fax or electronically. Bids submitted by fax or electronically cannot be accepted or considered for award. Sealed bids are required and may be mailed or hand delivered, but must be received on or before the date and time listed. The city is not responsible for delayed mail or courier delivery.

The City reserves the right to reject any or all bids and to waive any irregularities in a bid or in the bidding process. The City reserves the right 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 of La Vergne will not discriminate against any individual for any reason and will provide services to all citizens in a nondiscriminatory manner. It is the intent of the city to fully comply with the provisions of Title VI and Title VII of the Civil Rights Act of 1964. The City is committed to ensure equitable employment practices and the delivery of all city services regardless of an individual's race, color, religion, national origin, age, disability, gender or political affiliation.

All bids must be submitted on the forms provided by the City. All bid responses should be typewritten. If not typewritten, they must be written in ink and clearly legible. All bids must be signed. Failure of a bidder to sign a bid proposal removes the bid from consideration. A typed name will not be acceptable without the person’s written signature. All bids must be signed by an individual authorized to bind the bidder. Signatures are required where indicated; failure to comply with this requirement shall be cause for rejection of bid response. Erasures, white-outs and type over’s, and other modifications should be initialed. Bidders are cautioned to verify their bid response prior to submission.

Bid packet component documents: This bid packet consists of the following documents, which, in total, represent the complete procurement solicitation:

1. Invitation to Bid;

2. Bidder Instructions and Conditions;

3. Specifications;

4. Bid Submittal Form;

5. Bid Contract;

6. Affidavit of Drug-Free Workplace;

7. Affidavit of Title VI Compliance;

8. Affidavit of Non-Collusion; and

9. Indemnification Agreement.

All submittals must include completed and signed copies of the Bid Submittal Form, Bid Contract, Affidavit of Drug-Free Workplace, Affidavit of Title VI Compliance, Affidavit of Non-Collusion, and Indemnification Agreement.

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BIDDER INSTRUCTIONS AND CONDITIONS

A. Invitation to Bid

1. The City is interested in receiving as many bids as possible and urges all possible bidders to bid and take exception to any items if necessary.

2. These documents constitute the complete set of specification requirements and bid response forms. The bidder is responsible for insuring that all pages and all addenda are received. The City advises all bidders to closely examine this bid package, and to immediately direct any questions regarding the completeness of this bid package and any addenda thereto to the City’s Contact Person.

3. Any prospective bidder desiring an explanation or interpretation of this Invitation to Bid, drawings, specifications, etc., must request such explanation in a written form received by the contact person no later than two (2) calendar days prior to the bid opening date.

4. There may be one or more amendments to this Invitation to Bid. The City will post any amendments to the city website no later than two (2) calendar days prior to the bid opening date.

5. Any discrepancies, errors, omissions, or ambiguities in this bid, 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 bidders on record and the addendum will be incorporated in the bid and will become part of the purchase agreement.

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.

B. Bid Responses

1. Certain mistakes may be corrected so long as the intended correct bid response is clearly evident. In the event of a disagreement between unit price and extended price, the unit price will control.

2. Specifications furnished in the request for bid are intended to establish a desired quality or performance level, or other minimum requirements, which will provide the City with the best product available at the lowest possible price. Should the bidder wish to bid on items which exceed the minimum specifications, the bidder is encouraged to attach a separate sheet providing a description of such components.

3. Bidders must specify manufacturer's name for all products proposed and show the unit price on each individual item as specified. Prices quoted must be the price for new (not reconditioned or remanufactured) merchandise direct from the manufacturer that is free from defects. If bidding a substitute article, a bidder must provide the manufacturer's name, brand, model, make and catalogue reference, specifications for the substituted article, and/or other information that will enable the City to make the determination of similarity, serviceability and suitability of the substitute. The City reserves the right to be the sole judge in making such determination.

4. If bidding a substitute article, the bidder may, no less than five (5) working days in advance of the bid opening, request a determination from the City whether the substituted item is equal and/or better and of comparable quality as specified. The bidder will receive notice of City's determination no later than two (2) working days in advance of the bid opening. Bidder is not required to seek such pre bid approval but the bid may be rejected for failure to meet specifications if the proposed substitute is unacceptable to City.

5. Where more than one item is listed, any item(s) not bid upon should be indicated “No Bid”. Any and all items left blank will be considered a “No Bid” for that item.

6. A bidder desiring to bid “No Charge” for an item must so indicate by writing “no charge” or “N/C”. Bidders shall not leave an item blank since it will be construed as incomplete and may be rejected.

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7. Bid responses may only be withdrawn or modified by written notice received and acknowledged by the Purchasing Agent’s Office prior to the date and time for public opening of bids. Late modifications cannot be considered.

8. The City will not be liable for any costs incurred by the bidder in preparing a response to this solicitation.

Bidders will submit responses at their own risk and expense. All responses and their accompanying documentation will become the record of the City.

9. The City is exempt from federal and state taxes. Upon request, the City will provide a sales tax exemption certificate to the awarded bidder. Vendors 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.

10. The bidder must return a completed Drug-Free Workplace Affidavit (Section VI) and a completed Title VI Compliance Survey (Section VII) with the bid.

C. Bid Award

1. Any contract awarded pursuant to this Invitation to Bid shall be awarded to the lowest responsive and responsible bidder whose bid response meets the requirements and criteria set forth in this Invitation to Bid.

A “responsive bidder” means a person who has submitted a bid response, which conforms in all material respects to the Invitation to Bid. A “responsible bidder” means a person who has the capacity, reputation and experience in all respects to perform fully 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.

2. This solicitation in no manner obligates the City to the purchase described, implied or which may be proposed, until confirmed by a written contract. Progress toward this end is solely at the discretion of the City and may be terminated at any time prior to the signing of a contract. The City 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.

3. The successful bidder shall provide the various components of the Pavement Markings. The bid price shall include all parts, labor, accessories and any other standard equipment necessary to make these items function as intended. Pricing for each component shall be effective for one (1) year from date of bid award. If in the bidder’s opinion, additional equipment or services are necessary to make the equipment fully operational;

this shall be included with 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 as set forth in this bid.

4. Any items bid deemed not of equal and/or better and of comparable quality and similar in design as that specified shall be cause for rejection of bids. In addition to the price, the following aspects will also be considered in the award of a contract:

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

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

f) Terms and conditions stated in bid;

g) Compliance with specifications or the Invitation to Bid;

h) Utilization of the format set forth in Section III for submittal of a bid; and,

i) Bidder’s past performance with the City.

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5. No bidder may withdraw its response 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 shall award a contract to a bidder and if during such ninety

(90) day period the City determines that such bidder will be unable to properly perform 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 Bid.

6. 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 bid specifications or contract.

7. Bidder, by signing and making this bid, does further declare, in determining the prices and/or amounts of the bid, that bidder has not colluded with any other person, firm, corporation or association in arriving at said prices and/or amounts or in any way violated the terms, conditions and/or spirit of the provisions of 15 U.S.C.

1 through 7 (Sherman Anti-Trust Act).

D. Terms and Conditions

The City’s standard contract is included with this bid package. This agreement shall be signed and notarized (but not dated) by the proper representative and submitted with the bid. Any bidder who is awarded a contract pursuant to this invitation to bid agrees to be bound by the terms and conditions set forth in the contract. 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. If an award is made, any contract resulting from this Invitation to Bid will be effective on the last date the contract is signed by all required parties.

All bidders who are awarded contracts agree to be bound by these terms and conditions set forth below:

1. Should awarded bidder fail to fulfill, in a timely and proper manner, its obligations under the contract, or if it should violate any of the terms of the contract, the City shall have the right to immediately terminate the contract upon written notice to the bidder. The City may terminate the contract at any time, with or without cause, upon written notice to bidder. Should funding for the contract be discontinued, the City shall have the right to terminate the contract immediately upon written notice to the awarded bidder.

2. Liquidated damages for failure to meet installation and/or supply schedules shall be in the amount of fifty dollars ($50.00) per calendar day.

3. The City, at its option, and in lieu of immediate termination, may request that the awarded bidder repair or replace any defective goods or correct performance by written notice to awarded bidder. In that event, awarded bidder shall take corrective action within the amount of time specified by the City in the written notice. Exercise of this option shall not relieve awarded bidder of any liability to the City for damages sustained by virtue of awarded bidder’s breach.

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

5. 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.

6. 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, awarded bidder shall pay all expenses of such action including the City’s attorney fees, expenses, and costs at all stages of the legal action and/or alternative dispute resolution process, if any.

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7. 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.

8. 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.

9. Indemnification:

a) 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 part or in whole, 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.

b) 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.

10. Insurance:

a) Workers’ Compensation Insurance: The awarded bidder shall procure and shall maintain during the life of this contract Workers’ Compensation Insurance for all of its employees to be engaged in work on the project under this contract, and in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Workers’ Compensation Insurance.

b) Public Liability and Property Damages Insurance: The awarded bidder shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect it and any subcontractor performing work covered by this contract from claims for damage for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations are by it or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows:

(1) Public Liability Insurance in the amount of not less than $1,000,000.00 on any account of any one accident.

(2) Property Damage Insurance in an amount not less than $500,000.00 for any one damage claim.

(3) Combined Single Limit Public Liability and Property Damage in an amount of not less than

$1,000,000.00 per occurrence.

(4) Proof of Carriage of Insurance. A Certificate of Insurance and endorsement shall be furnished to the

City, and the City of La Vergne shall be named as an additional insured. Copies of insurance policies will be furnished to the City upon request. The City shall be furnished not less than ten (10) days advance notice of material changes or cancellation of insurance policies.

11. The bidder shall furnish to the City all such information and data for this purpose as the City may request.

Such information shall be submitted to the City within five (5) calendar days of the City’s written request. The City does hereby expressly reserve the right to reject any and all bid responses, the right to request additional information, the right to clarify bids, the right to award a contract for only some but not all the articles or items in the bid, and does further expressly reserve the right to waive minor irregularities. The City does not warrant or guarantee that a contract will be awarded as a result of this Invitation to Bid.

E. Standards

Bidder, by signing and making this bid, makes the following affirmative declaration and statement as of the date

Page | 7 said bid is signed, to wit:

1. 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.

2. 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, Contractor certifies and warrants it will comply with this policy.

3. 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 proposal therefore.

4. 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.

5. Iran Divestment Act – 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, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to Tennessee Code Annotated §12-12-106 that is found online at: https://tinyurl.com/ykckhmrt.

6. Boycott of Israel Act - By submission of this bid, each bidder and each person signing on behalf of any supplier certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalties of perjury, that to the best of its knowledge and belief that each supplier is not engaged in, and will not for the duration of the contract engage in, a boycott of Israel as provided pursuant to Tennessee Code Annotated, Title 12, Chapter 4, Part 1.” (Note: Applicable only to contracts of $250,000 or more and to suppliers with 10 or more employees.)

F. Payment and Delivery

1. Payment will be made by the City after goods and/or services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number.

2. All items must be delivered within thirty (30) calendar days of bid award. Forty-eight (48) hours advance notice should be given prior to delivery and installation. With delivery, installation shall begin and continue day to day until complete.

3. Deliveries of all items shall be made as stated in the bid specifications. In the appropriate blank on the bid response form, the Bidder must indicate the best delivery date after receipt of order. Deliveries resulting from this Invitation to Bid are to be made during the normal working hours of the City. Time is of the essence and the bidder’s delivery date must be specified and adhered to. Should the awarded bidder fail to deliver items on or before its stated date, the City reserves the right to cancel the order or contract. The awarded bidder(s) shall be responsible for making any and all claims against carriers for missing or damaged items.

4. Delivered items will not be considered “accepted” until an authorized agent for the City has, by inspection or test of such items, determined that they fully comply with specifications. The City may return, for full credit and at no expense to the City, any item(s) received which fail to meet the specifications as stated in this Invitation to Bid.

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5. All deliveries made pursuant to this Invitation to Bid, and the contract award, must be made pursuant to written purchase order of the City. The City assumes no liability for goods and/or services provided without a written purchase order from the City. Unless otherwise specified in this Invitation to Bid, delivery and freight charges are to be prepaid and included in the bid price.

6. Unless otherwise specified every item bid shall have a manufacturer’s warranty against defects in parts or workmanship for a minimum of one (1) year.

(Remainder of page intentionally left blank.)

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SPECIFICATIONS

A. Overview The Contractor shall furnish all labor, supervision, materials, equipment, transportation, traffic control, layout, surface preparation, cleanup, and incidentals necessary to install, replace, or remove pavement markings at locations designated by the City of La Vergne.

Work may include, but is not limited to:

1. Painted longitudinal pavement markings;

2. Thermoplastic longitudinal pavement markings;

3. Spray thermoplastic pavement markings;

4. Preformed plastic pavement markings;

5. Stop lines;

6. Crosswalk markings;

7. Channelization markings;

8. Directional arrows, words, symbols, and other designs;

9. Raised retroreflective pavement markers;

10. Snowplowable retroreflective pavement markers;

11. Temporary pavement markings; and

12. Removal of existing pavement markings.

The Contractor shall perform all work in accordance with these Specifications, the Contract Documents, the latest edition of the Manual on Uniform Traffic Control Devices, applicable City standards, and the current edition of the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction.

B. Applicable Standards All work shall comply with the following:

1. Section 716, “Pavement Markings,” of the current edition of the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction;

2. All material specifications referenced by TDOT Section 716, including Sections 910 and 919, as applicable;

3. Applicable TDOT standard drawings and supplemental specifications;

4. The latest edition of the Manual on Uniform Traffic Control Devices;

5. The Contract Documents; and

6. Directions issued by the City.

References in the TDOT specifications to the “Department” shall mean the City of La Vergne. References to the “Engineer” shall mean the City Administrator, Public Works Director, City Engineer, or another authorized representative designated by the City.

If a conflict exists, the requirements of the City’s Contract Documents shall govern.

C. Materials All pavement-marking materials shall be new, unused, and suitable for the intended pavement surface.

Materials shall comply with the applicable TDOT specifications and shall be included on the applicable TDOT Qualified Products List when required.

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Upon request, the Contractor shall provide product information, manufacturer’s installation instructions, batch or lot numbers, certifications, test reports, and documentation of TDOT approval.

D. Installation The Contractor shall install all pavement markings in accordance with TDOT Section 716, the manufacturer’s instructions, the MUTCD, and the locations and configurations designated by the City.

Before applying markings, the Contractor shall ensure that pavement surfaces are clean, dry, and free from dirt, dust, grease, oil, loose material, existing deteriorated markings, and other substances that may interfere with adhesion.

The Contractor shall establish the proper location, alignment, width, color, pattern, and sequence of each marking. The City may review and approve the proposed layout before installation.

Markings shall be straight, uniform, clearly defined, properly aligned, and free of excessive waviness, overspray, drips, splatter, tracking, or other defects.

Markings that are improperly located, misaligned, damaged, or otherwise fail to comply with the Contract Documents shall be removed and replaced by the Contractor at no additional cost to the City.

E. Temporary Markings The Contractor shall provide temporary pavement markings whenever permanent markings cannot be installed before the roadway is opened to traffic.

Temporary markings shall comply with TDOT Section 716 and the MUTCD. Short, unmarked sections of roadway shall not be left open to traffic.

Unless otherwise provided in the Bid Schedule, temporary markings shall be considered incidental to the permanent pavement-marking work.

F. Traffic Control and Protection of Work The Contractor shall provide all signs, cones, flaggers, vehicles, and other traffic-control devices necessary to protect workers, motorists, pedestrians, newly applied markings, and the public.

Traffic control shall comply with the MUTCD, applicable TDOT requirements, and directions issued by the City.

Newly applied markings shall be protected from traffic until sufficiently dry, cured, or hardened. Markings damaged before acceptance shall be replaced at no additional cost to the City.

Unless separately listed in the Bid Schedule, traffic-control costs shall be included in the applicable pavement-marking unit prices.

G. Removal of Existing Markings Existing pavement markings shall be removed where shown in the Contract Documents or directed by the City.

The proposed removal method shall be approved by the City before work begins. Existing markings shall not be concealed by painting over them with black paint, asphalt, or similar material.

Removal shall cause the least practical damage to the pavement. The Contractor shall remove residue as work progresses

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H. Inspection and Acceptance The City may inspect materials, equipment, surface preparation, layout, application, workmanship, and completed markings at any time.

Only pavement markings that are complete, properly installed, and accepted by the City will be eligible for payment.

Inspection or acceptance does not relieve the Contractor of responsibility for defective materials, workmanship, or warranty obligations.

I. Measurement and Payment Pavement markings shall be measured and paid for in accordance with TDOT Sections 716.08 and 716.09 and the units identified in the Bid Schedule.

Payment shall be based on actual quantities installed and accepted by the City.

Unless separately identified in the Bid Schedule, the applicable unit prices shall include full compensation for:

• Layout and alignment;

• Materials and glass beads;

• Labor and supervision;

• Equipment and transportation;

• Surface cleaning and preparation;

• Primers, adhesives, binder-sealers, and activators;

• Traffic control;

• Protection of newly applied markings;

• Cleanup and disposal; and

• All other incidentals necessary to complete the work.

J. Warranty Thermoplastic pavement markings shall be subject to the one-year adhesion requirement contained in TDOT Section 716.

The Contractor shall replace, at no additional cost to the City, any pavement marking that fails because of defective materials, improper installation, or failure to comply with the Contract Documents during the applicable warranty period.

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BID SUBMITTAL FORM

A required form from Bidders and Proposers Bid prices must include all costs. The Contractor shall furnish all labor, supervision, materials, equipment, transportation, traffic control, layout, surface preparation, cleanup, and incidentals necessary to install, replace, or remove pavement markings at locations designated by the City of La Vergne. Pricing for each component shall be effective for two (2) years from date of bid award with the possibility of two (2) one (1) year extensions. The City is not subject to sales tax.

Item # Description Unit Unit Price 1 Painted Pavement Marking - 4-Inch Solid Line Linear Foot 2 Painted Pavement Marking - 4-Inch Broken or Dotted Line Linear Foot 3 Painted Pavement Marking - 6-Inch Solid Line Linear Foot 4 Painted Pavement Marking - 6-Inch Broken or Dotted Line Linear Foot 5 Painted Pavement Marking - 24-Inch Stop Line Linear Foot 6 Painted Pavement Marking - Crosswalk Striping Linear Foot 7 Painted Pavement Marking - Channelization Striping Square Yard 8 Thermoplastic Pavement Marking - 4-Inch Solid Line Linear Foot 9 Thermoplastic Pavement Marking - 4-Inch Broken or Dotted Line Linear Foot

10 Thermoplastic Pavement Marking - 6-Inch Solid Line Linear Foot 11 Thermoplastic Pavement Marking - 6-Inch Broken or Dotted Line Linear Foot 12 Thermoplastic Pavement Marking - 24-Inch Stop Line Linear Foot 13 Thermoplastic Pavement Marking - Crosswalk Striping Linear Foot 14 Thermoplastic Pavement Marking - Channelization Striping Square Yard 15 Preformed Plastic Pavement Marking - Longitudinal or Transverse Line Linear Foot 16 Pavement Marking - Directional Arrow Each 17 Pavement Marking - Word, Legend, Symbol, or Other Design Each Letter 18 Snowplowable Retroreflective Pavement Marker Each 19 Removal of Existing Pavement Marking - Line Linear Foot 20 Removal of Existing Pavement Marking - Crosswalk or Stop Line Linear Foot 21 Removal of Existing Pavement Marking - Channelization Striping Square Yard 22 Removal of Existing Pavement Marking - Word, Symbol, Arrow, or Design Each Letter

In compliance with this Invitation to Bid, and subject to all conditions thereof, the undersigned agrees that if this bid response is accepted within ninety (90) days from the date of opening, to furnish any or all of the items upon which price(s) are quoted, at the price set opposite each item unless otherwise specified.

Company Name: Telephone Number:

Representative Name:

Title:

Signature:

Email Address:

Date: Contractor License Number:

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BID CONTRACT

A required form from Bidders and Proposers

This Contract is entered into on this _______ day of ___________________, 20____, by and between The City of La Vergne, a Tennessee Municipal Corporation, its elected and appropriate officials, and employees (the “City”) and ______________________________________, (the “Contractor”).

This Contract consists of the following documents:

• This document;

• Invitation to Bid entitled Pavement Markings; (the “Solicitation”);

• Contractor’s Bid Submittal Form/Proposal dated __________________ (“Contractor’s

Proposal”);

In the event of conflicting provisions, all documents will be construed according to the following priorities:

• First, any properly executed amendment or change order to this Agreement (most recent amendment or change order given first priority);

• Second, this Agreement;

• Third, the Solicitation; and

• Lastly, Contractor’s Proposal.

1. Purpose. Contractor shall provide and City shall purchase Pavement Markings based on

Contractor’s proposal and specifications as set forth in the Solicitation.

2. Term. The term of this Contract shall be as described in the Solicitation. However, in no event shall the term of this Contract last more than five (5) years.

3. Compensation. Compensation shall be as described in the Contractor’s Proposal and the

Solicitation.

4. Copyright, Trademark, Service Mark, or Patent Infringement. Contractor shall, at its own expense, shall defend any legal action which may be brought against City to the extent that it is based on a claim that the products or services furnished infringe a copyright, Trademark, Service Mark, or patent.

Contractor shall further indemnify and hold harmless City against any award of damages and costs made against City by a final judgment of a court of last resort in any such legal action. City shall provide Contractor notice in writing of the existence of such claim and full right and opportunity to conduct the defense thereof, together with all available information and reasonable cooperation, assistance and authority to enable Contractor to do so. City reserves the right to participate in the defense of any such legal action. Contractor shall have the right to enter into negotiations for and the right to effect settlement or compromise of any such action, but no such settlement or compromise shall be binding upon the City unless approved by the City’s mayor and where required the City’s board of mayor and aldermen.

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5. Termination - Breach. Should Contractor fail to fulfill in a timely and proper manner its obligations under this Contract or if it should violate any of the terms of this Contract, City shall have the right to immediately terminate the Contract. Such termination shall not relieve Contractor of any liability to City for damages sustained by virtue of any breach by Contractor.

6. Termination - Funding. Should funding for this Contract be discontinued, City shall have the right to terminate the Contract immediately upon written notice to Contractor.

7. Termination - Notice. City may terminate this Contract at any time upon sixty (60) days written notice to Contractor.

8. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local law and regulations in its performance under this Contract.

9. Notices and Designation of Agent for Service of Process. All other notices to the City shall be mailed or hand delivered to:

City Administrator

La Vergne City Hall

La Vergne, TN 37086

Notices to Contractor shall be mailed or hand delivered to:

Contractor designates the following as the Contractor’s agent for service of process and will waive any objection to service of process if process is served upon this agent:

10. Maintenance of Records. Contractor shall maintain documentation for all charges against the City. The books, records, and documents of Contractor, insofar as they relate to work performed or money received under the Contract, shall be maintained for a period of three (3) full years from the date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by the City or its duly appointed representative. The record shall be maintained in accordance with generally accepted accounting principles.

11. Monitoring. The Contractor’s activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by the City or its duly appointed representative.

12. City’s Property. Any of the City’s property, including but not limited to books, records

Page | 15 and equipment, that is in Contractor’s possession shall be maintained by Contractor in good condition and repair, and shall be returned to the City by Contractor upon termination of the Contract. All goods, documents, records, and other work product and property produced during the performance of this Contract are deemed to be City’s property.

13. Modification of Contract. This Contract may be modified only by written amendment executed by all parties and their signatories hereto.

14. Partnership/Joint Venture. Nothing herein shall in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship of principal and agent between or among any of the parties. None of the parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall become liable for any representation, act or omission of any other party contrary to the terms of this paragraph.

15. Waiver. No waiver of any provision of this 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.

16. Employment. Contractor shall not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, or which is in violation of applicable laws concerning the employment of individuals with disabilities, or otherwise in violation of law.

17. Non-Discrimination. It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, disability, or other protected class 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, Contractor certifies and warrants it will comply with this policy. No person shall 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 or state law; nor shall 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 City’s Contractor.

18. Insurance. During the term of this Contract, Contractor shall maintain liability insurance with limits of not less than described in the Solicitation, as well as automotive insurance policies. A certificate of insurance, in a form satisfactory to the City, evidencing said coverage shall be provided to the City prior to commencement of performance of this Contract. Throughout the term of this Contract, Contractor shall provide an updated certificate of insurance upon expiration of the current certificate.

19. Contingent Fees. Contractor hereby represents that Contractor has not been retained or retained any persons to solicit or secure a City contract upon an agreement or understanding for a contingent commission, percentage, or brokerage fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Breach of the provisions of this paragraph is, in addition to a breach of this Contract, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under City contracts.

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20. Gratuities and Kickbacks. 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 proposal therefor. It shall be a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or a person associated therewith, as an inducement for the award of a subcontract or order.

Breach of the provisions of this paragraph is, in addition to a breach of this Contract, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under City contracts.

21. Indemnification and Hold Harmless. Contractor shall indemnify and hold harmless the

City, its officers, agents and employees from:

a. Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of Contractor, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of the Contract, and,

b. Any claims, damages, penalties, costs and attorney fees arising from any failure of Contractor, its officers, employees and/or agents, including its sub or independent Contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

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

d. Contractor shall pay the City any expenses incurred as a result of Contractor’s failure to fulfill any obligation in a professional and timely manner under this Contract.

22. Attorney Fees. Contractor 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, Contractor shall pay all expenses of such action including the City’s attorney fees and costs at all stages of the litigation.

23. Assignment - Consent Required. The provisions of this Contract shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Except for the rights of money due to Contractor under this Contract, neither this Contract nor any of the rights and obligations of Contractor hereunder shall be assigned or transferred in whole or in part without the prior written consent of the City. Any such assignment or transfer shall not release Contractor from its obligations hereunder. NOTICE OF ASSIGNMENT OF ANY RIGHTS TO MONEY DUE TO CONTRACTOR UNDER THIS CONTRACT MUST BE SENT TO THE ATTENTION OF CITY ADMINISTRATOR, CITY OF LA VERGNE, LA VERGNE CITY HALL, 5093 MURFREESBORO ROAD, LA VERGNE, TN 37086.

24. Entire Contract. This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof and shall govern the respective duties and obligations of the parties.

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25. Force Majeure. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

26. Governing Law. The validity, construction and effect of this Contract and any and all extensions and/or modifications thereof shall be governed by the laws of the State of Tennessee.

Tennessee law shall govern regardless of any language in any attachment or other document that the Contractor may provide.

27. Venue. Any action between the parties arising from this agreement shall be maintained in the courts of Rutherford County, Tennessee.

28. Severability. Should any provision of this 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 this Contract.

29. Effective Date. This Contract shall not be binding upon the parties until it has been signed first by the Contractor and then by the authorized representatives of the City and has been filed in the office of the City Recorder. When it has been so signed and filed, this Contract shall be effective as of the date first written above.

(Signatures appear on the following page.)

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IN WITNESS WHEREOF, the parties herein have affixed their signatures to be effective on the day and year first written above.

THE CITY OF LA VERGNE, TENNESSEE:

BY:

Jason Cole, Mayor

ATTEST:

Joshua Miller City Recorder

CONTRACTOR:

Printed Name:

Title:

Sworn and subscribed to before me, a Notary

Public, this the day of , 20 , by , the of the

Contractor, who is duly authorized to execute this instrument on the Contractor’s behalf.

Notary Public

Commission Expires:

(SEAL)

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Affidavit of Drug-Free Workplace

City of La Vergne, Tennessee

State of )

) SS

County of )

Affiant, , deposes and makes oath that:

(printed name of person signing Affidavit)

1. He or she is the of

(Owner or Authorized Partner, Officer, Representative or Agent of Owner)

(legal name of entity submitting bid or proposal) the Bidder or Proposer who has submitted the attached bid or proposal;

2. The Bidder or Proposer is fully informed respecting the preparation and content of the attached bid or proposal and of all pertinent circumstances respecting such bid or proposal;

OPTION 1 (mark here):

3. The Bidder or Proposer entity employs five (5) or more employees;

4. The Bidder or Proposer has in effect, at the time of submission of its bid or proposal to perform the services described in the attached bid or proposal, a drug-free workplace program that complies with T.C.A. § 50-9-101 et seq.;

5. The Bidder or Proposer operates a drug-free workplace program or other drug or alcohol testing program with requirements at least as stringent as that of the program operated by the City as described in the City’s procurement solicitation; and

OPTION 2 (mark here):

6. The Bidder or Proposer entity employs fewer than five (5) employees; AND:

7. This Affidavit is made on personal knowledge.

(signature of Affiant) (title of Affiant)

Sworn and subscribed to before me this ______ day of __________, 20___.

_____________________________________ My Commission Expires: _____________________.

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Affidavit of Title VI Compliance

City of La Vergne, Tennessee

State of )

) SS

County of )

Affiant, , deposes and makes oath that:

(printed name of person signing Affidavit)

1. He or she is the of

(Owner or Authorized Partner, Officer, Representative or Agent of Owner)

2. The Bidder or Proposer is fully informed respecting the preparation and content of the attached bid…