ITB_2026_16_TOF_McFee_Dog_Park.pdf

Town of Farragut

Invitation to Bid No. 2026-16 For

McFee Dog Park

All Bids Must be Submitted To:

Farragut Town Hall

11408 Municipal Center Dr., 2nd Floor Farragut, TN 37934

Deadline for Proposal Submissions: Date: October 28th, 2025, Time: 2:00pm

PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID

Company Name DBA, If Applicable

Street Address Phone Number

City, State, Zip Code Email Address

FEIN:

Are quotes firm for 60 days? Yes__ No__ Other_____ List of Deviations (if any) attached? Yes__ No__ Other_____

If submitting a “No Proposal” state reason ___________________________________

Authorized Signature Title (Printed)

Name (Printed) Date

ITB#2026-16 McFee Dog Park 1

ITB No. 2026-16 McFee Dog Park

Table of Contents

1. Instruction

1.1. Procurement Schedule 3

1.2. Bid Documents 3

1.3. Communications 4

1.4. RFP Amendments and Cancellation 4

1.5. Bid Bond/Guaranty 5

1.6. Performance Bond & Payment Bond 5

1.7. Post Bid Information 5

1.8. Contract Term 6

1.9. Proposal Submittal 7

• Bid Submittal Check List 7

• Bid Envelope Cover 8

2. Scope of Work 9

2.1. Special Conditions 9

3. Bid Cost Form with References 14

4. General Terms and Conditions 17

6. Governmental Regulation Addenda 24

5. Sample Contract 30

6. Sample Bond Forms 35

7. Required Forms

• Addenda Acknowledgement and Bid Certification 41

• Drug Free Workplace Affidavit 42

• Non-Collusion Affidavit 43

• Statement of Compliance Certificate Illegal Immigrants 44

• Non-Boycott of Israel Certification 45

• Certification Regarding Debarment, Suspension & other Responsibility Matters 46

• Byrd Anti-Lobbying Amendment Certification 47

• Owner’s Ethnicity and Gender of Contracts and Sub-Contractors 49

• Iran Divestment Act Certification 50

• Title VI Assurance 51

• Equal Employment Opportunity/Affirmative Action Policy Statement 52

ITB#2026-16 McFee Dog Park 2

ADVERTISEMENT FOR BIDS

Instructions

Sealed bids for the project entitled 2026-15 Town of Farragut McFee Dog Park will be received by the

Town of Farragut on October 28th, 2025, at 2:00pm in the Town of Farragut Town Hall located at 11408

Municipal Center Dr., 2nd Floor, Farragut, Tennessee, 37934. At said place and time, all bids that have been duly received will be publicly opened and read aloud.

The Town of Farragut is soliciting bids from qualified and interested companies for all labor, equipment, and materials required to construct a dog park at the Town of Farragut McFee Park. This is a grant funded project through the Tennessee Local Parks and Recreation Fund (LPRF). All dimensions and scope of work should be verified by contractors prior to submission of bids. Plans can be downloaded from any of the websites mentioned in section 1.2 and 1.4.

Only bids from qualified bidders will be accepted. Bidders must comply with the requirements of the State of Tennessee and be appropriately licensed as a contractor in the State. Pricing shall be all inclusive but not limited to all labor, equipment, supplies, materials, freight, travel, fuel, set-up and take-down costs, and all other costs related to the successful completion of the project

1.1 Procurement Schedule

ITB Issue 9/23/25

Non-Mandatory Pre-Bid Meeting* 10/15/25 @ 2:00PM

Deadline for Bidder Questions 10/21/2025 @ 5:00PM

Bid Due 10/28/2025 @ 2:00PM

Intent to Award/ Contract Negotiations

Begin 10/29/25

Board of Mayor and Alderman

Approves/Contract Signed 11/13/2025

*The Non-Mandatory Pre-Bid meeting will be held October 15th, 2025, at 2:00PM at McFee Park, 917

McFee Rd, Farragut, TN 37934. When you are at the park, please proceed to the back of the park where the dog park will be built. (refer to project plans)

1.2 Bid Documents

The Bidding Documents for the project may be obtained on the following sites:

1. Town Website (Free):

o https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffar ragut.org/Bids.aspx?CatID=17 o Registration is required but at no cost to vendors.

2. Vendorlink (Paid):

o https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvend orlink.com/external/home o Vendors must register and pay to access solicitations but benefit from exposure to opportunities nationwide.

3. Beacon (Paid):

o https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaco nbid.com/login o Also requires vendor registration and payment, offering national visibility.

4. EUNA/Demand Star (Paid):

o https://www.demandstar.com/app/login o Also requires vendor registration and payment, offering national visibility.

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

ITB#2026-16 McFee Dog Park 3 https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaconbid.com/login https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaconbid.com/login https://www.demandstar.com/app/login

1.3 Communications

All communication regarding this ITB must be submitted via email to the Finance Department representative identified below:

Anissa Pratte, Staff Accountant apratte@townoffarragut.org

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

Bidders’ contact with anyone else in the Town is forbidden and may result in disqualification of the

Vendor’s bid. Further, any oral communication will be considered unofficial and non-binding on the

Town. Bidders should rely only on written statements issued by the Finance Department representative.

1.4 ITB Amendments and Cancellation

The Town reserves the right to amend this Invitation to Bid (ITB) in writing at any time. The Town also reserves the right to cancel or reissue the ITB at its sole discretion. If an amendment is issued, it will be posted on these four websites:

1. Town Website (Free):

o https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffar ragut.org/Bids.aspx?CatID=17 o Registration is required but at no cost to vendors.

2. Vendorlink (Paid):

o https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvend orlink.com/external/home o Vendors must register and pay to access solicitations but benefit from exposure to opportunities nationwide.

3. Beacon (Paid):

o https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaco nbid.com/login o Also requires vendor registration and payment, offering national visibility.

4. EUNA/Demand Star (Paid):

o https://www.demandstar.com/app/login o Also requires vendor registration and payment, offering national visibility.

It is the Proposer’s responsibility to ensure that the Town’s website, Beacon, EUNA/Demandstar or Vendorlink is reviewed for ITB changes prior to submission of proposal.

The award of contract, if made, will be to the lowest responsible bidder as determined solely by the Town.

The Town of Farragut reserves the right to reject any and all bids and to waive any formalities in the bidding process, and to evaluate bids, and to accept any bid which, in its opinion, may be in the best interest of the

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

The Town of Farragut will not be liable in any way for costs incurred by any bidder in the preparation and submission of its bid in response to this ITB, nor for the presentation of its bid and/or participation in any required meetings, discussions or negotiations.

ITB#2026-16 McFee Dog Park 4 mailto:apratte@townoffarragut.org https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaconbid.com/login

1.5 Bid Bond/Guaranty

Each bid shall be accompanied by a Bid Guaranty in the form of cash deposit or certified check drawn on a bank or a Bid Bond completed by a trust company insured by the FDIC or a surety company’s standard form and properly executed by a corporate surety licensed under the laws of Tennessee to execute such bonds. The amount of the bid bond shall be equal to five percent (5%) of the total of the bid. The bid deposit shall be retained by the Owner if the successful bidder fails to execute the contract or fails to provide the required bonds, as stated above, within fifteen (15) calendar days after the proper notice of award of the contract.

1.6 Performance Bond and Payment Bond

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

The form of the bond shall be subject to approval by the Owner.

1.7 Post Bid Information

Any actual or prospective bidder, proposer, or Proposer who is aggrieved in connection with the solicitation or award of a contract may file a protest with the Town of Farragut Finance Department Procurement Division.

Protest Filing Requirements

• Identification of the solicitation (ITB or RFP);

• A detailed statement of the legal and factual grounds for the protest, including all supporting documentation; and

• The specific relief requested.

Deadlines

• Award Protests (for ITBs and RFPs): Must be received within seven (7) calendar days after the Town issues the Notice of Intent to Award.

• Late protests will not be considered.

Submission Address

Attn: Finance Department – Procurement 11408 Municipal Center Dr, 2nd Floor

ITB#2026-16 McFee Dog Park 5

Protest Bond Requirement

• All protests must be accompanied by a protest bond in an amount equal to five percent (5%) of the Town’s estimated contract value.

• The bond shall be made payable to the Town of Farragut.

• If the protest is upheld, the bond will be returned in full.

• If the protest is denied, the bond will be forfeited to the Town to cover administrative costs.

Protest Review Process

• Upon receipt of a timely and complete protest, the Finance Department/Procurement Division will review all relevant information.

• No award will be made during the pendency of a timely protest unless the Town Administrator or Finance Director determines that proceeding without delay is in the Town’s best interest.

• A written decision will be issued within fourteen (14) calendar days of receipt of the protest, unless extended for good cause.

• The decision shall be final unless appealed in accordance with Tennessee law.

Failure to strictly follow these protest procedures will result in dismissal of the protest without further consideration.

1.8 Contract Term

1. Substantial Completion The Contractor shall achieve Substantial Completion of the project by June 1, 2026. Substantial Completion is defined as the point at which the dog park is in place and is used for its intended purpose, subject only to minor punch list items that do not affect functionality or safety.

2. Final Completion and Payment The Contractor shall achieve Final Completion of all work, including correction of punch list items, final cleanup, and submission of all required documentation, within 30 calendar days of the substantial completion date. Final payment will be processed upon the Engineer’s acceptance of all contract deliverables and confirmation that all work has been completed in accordance with the contract documents.

3. Liquidated Damages If the Contractor fails to complete the work, or any specified portion thereof, within the time prescribed in the contract, including any authorized extensions of time, the Contractor shall pay to the Owner, as liquidated damages and not as a penalty, the amount of $100.00 per calendar day for each day of delay beyond the agreed completion date.

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

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

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

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

ITB#2026-16 McFee Dog Park 6

1.9 Bid Submittal

Bids are to be received by the Town no later than the date and time indicated in Section 1.1. Bidders assume the risk of the method of delivery. The Town assumes no responsibility for delays caused by any delivery service. Postmarks will not be accepted as proof of receipt. Emailed proposals will not be accepted. A bidder’s failure to submit a proposal as required before the deadline may cause the proposal to be disqualified.

Proposers must submit in a sealed package:

• Cost is to be filled out on the provided bid form and submitted in a separate sealed envelope.

• One (1) paper copy clearly marked “Original” with all applicable forms.

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

• Two (2) paper copies clearly marked “Copy” with all applicable forms.

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

Town Hall Attn: Finance Department, Anissa Pratte 11408 Municipal Center Drive, 2nd Floor

The package should be clearly labeled with the following: (Bid Envelope Cover Sheet Provided)

• Confidential

• Proposal for ITB# 2026-16 Town of Farragut McFee Dog Park

• Proposal Due Date and Time

• Proposer Name

• Proposer Address

• Proposer Phone Number

Bid Submittal Checklist o Cover page with signature o Signed Bid form o Bid Bond/Guaranty Submittal (Either from a Surety or Check) o Addenda Acknowledgment form and Bid Certification signed o Drug-Free Workplace form signed o Non-Collusion Affidavit form signed o Statement of Compliance Certificate Illegal Immigrants o Non-Boycott of Israel Certification o Certification Regarding Debarment, Suspension and other Responsibility Matters o Byrd Anti-Lobbying Amendment Certification o Owner’s Ethnicity and Gender of Contracts and Sub-Contractors o Iran Divestment Act Certification o Title VI Assurance o Equal Employment Opportunity/Affirmative Action Policy Statement

END OF THIS SECTION

ITB#2026-16 McFee Dog Park 7

Bid Envelope Cover

11408 Municipal Center Dr

2nd Floor Farragut, TN 37772

Confidential

Invitation to Bid

SEALED BID – DO NOT OPEN

ITB No. 2026-16 McFee Dog Park

Bid Opening Date & Time: October 28th, 2025 @ 2:00pm

Company Name: ______________________________________________________________________

Company Address: ____________________________________________________________________

Contact Name: _______________________________________________________________________

Telephone Number: ___________________________________________________________________

Email Address: _______________________________________________________________________

VENDORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE BID.

ITB#2026-16 McFee Dog Park 8

2. Scope of Work

The Town of Farragut is soliciting bids from qualified and interested companies for all labor, equipment, and materials required to construct a dog park at the Town of Farragut McFee Park. This is a grant funded project through the Tennessee Local Parks and Recreation Fund (LPRF). All dimensions and scope of work should be verified by contractors prior to submission of bids. Plans can be downloaded from any of the websites mentioned in section 1.2 and 1.4.

Park Information

The location is identified within Exhibit A named 2508_mcfeeDOG_8 11 2025. Contractor shall secure and pay for all necessary Town of Farragut permits for any street, sidewalk closures, or right-of-way work.

Exhibit A named 2508_mcfeeDOG_8 11 2025 is posted separately from the ITB Bid Documents on the four (4) websites mentioned in sections 1.2 and 1.4.

Public Safety The Contractor shall always exercise proper precautions for the protection of persons and property and shall be responsible for all damage to persons or property, either on or off the site, which occur because of its prosecution of the Work.

The safety provisions of applicable laws and building and construction codes shall be observed.

Machinery, equipment, and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws.

Submittals Submit invoices or delivery forms for documentation of products and quantities delivered to site and used on project

Inspections Construction inspections will be conducted periodically by the Town of Farragut or its designee to review compliance with the solicitation requirements and the final working drawings. The Town of Farragut reserves the right to inspect the site at any time without notification.

END OF THIS SECTION

2.1 Special Conditions

1. The work shall begin upon receipt of a written Notice to Proceed from the Parks and Recreation Director.

After work has begun, work is to be performed in a continuous manner until it is completed.

2. The awarded bidder shall submit for approval a project schedule.

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

4. Protection of Natural Resources: It is intended that the natural resources within the project boundaries and outside the limits of permanent work performed under this Contract be preserved in their existing conditions or to be restored to an equivalent or improved condition upon completion of the work.

5. The successful bidder shall comply with and require all subcontractors to comply with all Federal, State, and City Contractor License Laws.

6. The Contractor shall complete all work performed under this contract in accordance with policies and procedures of the Town of Farragut and all applicable State and Federal laws, policies, procedures, and guidelines.

ITB#2026-16 McFee Dog Park 9

7. The Contractor is responsible for any and all damages including but not limited to buildings, curbing, pavement, landscaping, or irrigation systems caused by their activity. Should any public or private property be damaged or destroyed, the Contractor, at their expense, shall repair or make restoration as acceptable to the Town of Farragut of destroyed or damaged property no later than (1) month from the date the damage occurred.

8.The standard specifications for this project shall be based on the Standard Specifications for Public Works (Green Book), current edition, except as amended by these bid and contract documents.

Other standards may be applicable to certain type of work and details when specified. In the event there is a conflict between 2 applicable standards, the most stringent standard in the Town’s opinion shall apply.

9.The awarded contractor shall furnish completed Schedule of Values, by Noon of the next business day after the contract has been executed.

10. The Contractor shall always keep the premises free from the accumulation of waste materials and rubbish caused by operations and employees. Contractor shall dispose of debris in a legal manner.

11. At the completion of each individual project, Contractor shall remove from the site all tools, equipment, surplus materials, debris, temporary facilities, scaffolding, and equipment.

12. Submit copies of permits and approvals for construction as required by laws and regulations of governing agencies.

13. The Contractor is soley responsible for ensuring safety during construction, and for conformance to all applicable OSHA standards; and local, state, and national codes concerning safety provisions for their employees, sub-contractors, all building and site occupants, staff, public and app persons in or around the work area.

14. Within 10 calendar days of completion of the project, the Contractor shall submit project close out documents including, drawings showing as built conditions with red pencil, all warranties, and guarantees, all final lien releases, and all other project related documents requested by the Town.

15. Job site visits by Town staff do not constitute approval, awareness, or liability for any hazardous condition.

16. In no event shall the Town of Farragut be responsible for any damages to any of the Contractor’s equipment, materials, property, or clothing lost, damaged, destroyed or stolen.

17. All invoices shall be submitted to:

Ron Oestreich Parks & Recreation Director 239 Jamestowne Blvd.

Farragut, TN 37934

A five percent (5%) retainage will be withheld from each payment until the project has been accepted, and final completion has been issued by the Owner. The Contractor shall submit invoices no less than once per month. All invoices must be prepared on AIA Forms G702 and G703, or an equivalent itemized format approved by the Owner.

ITB#2026-16 McFee Dog Park 10

18. All plans and drawings associated with this project are provided in a separate document, available for download from any of these 4 sites:

1. Town Website (Free):

o https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffar ragut.org/Bids.aspx?CatID=17 o Registration is required but at no cost to vendors.

2. Vendorlink (Paid):

o https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvend orlink.com/external/home o Vendors must register and pay to access solicitations but benefit from exposure to opportunities nationwide.

3. Beacon (Paid):

o https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaco nbid.com/login o Also requires vendor registration and payment, offering national visibility.

4. EUNA/Demand Star (Paid):

o https://www.demandstar.com/app/login o Also requires vendor registration and payment, offering national visibility.

19. Differing Site Conditions:

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

b. Upon written notification, the Program Manager will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any Work under the Contract, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly.

The Program Manager will notify the Contractor of the determination whether an adjustment of the Contract is warranted.

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

20. Significant Changes in the Character of Work:

a. The Program Manager reserves the right to make, in writing, at any time during the Work, such changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the Work as altered.

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

ITB#2026-16 McFee Dog Park 11 https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaconbid.com/login

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

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

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

a. Termination for Convenience: The Town may terminate this Contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government’s best interest. The Contractor shall be paid its costs, including Contract close-out costs, and profit on Work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Program Manager to be paid to the Contractor. If the Contractor has any property in its possession belonging to the Town, the Contractor will account for the same and dispose of it in the manner the Program Manager directs.

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

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

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

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

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

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

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

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

23. Breaches and Dispute Resolution:

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

b. Performance During Dispute(s): Unless otherwise directed by the Town, the Contractor shall continue performance under this Contract while matters in dispute are being resolved.

c. Claims for Damages: Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of their employees, agents, or others for whose acts they are legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

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

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

ITB#2026-16 McFee Dog Park 13

CONTRACTOR’S FORM OF PROPOSAL

for

ITB# 2026-16 McFee Dog Park Build

To: Town of Farragut

11408 Municipal Center Dr

2n, Floor, Attn: Anissa Pratte

Farragut, Tennessee 37934

From: (Contractor)

The undersigned, having carefully familiarized himself (or themselves) with the existing conditions at the site and with the Drawings and Specifications prepared by Canopy Land Design, LLC, 1522

Branson Ave, Knoxville, TN hereby proposes to furnish all labor, materials and equipment, and to perform all work required to construct the interior renovation of McFee Dog Park, located in

Farragut, Tennessee; in accordance with Drawings and Specifications for the sum of: hereinafter referred to as the Base Bid.

The job site Superintendent for this project if the undersigned is selected shall be

BASE BID

Everything on plans $

Bid price per square foot above base bid)

BID DEPOSIT

The undersigned furnishes herewith, as requested in the Instructions to Bidders, a bid deposit in the amount of five percent (5%) of the amount bid in the form of Cashier’s Check _____, Certified

Check _____, Bank Draft _____, made payable to the Owner, or Bid Bond, naming the Owner as the Oblige. (Bidder to check form of deposit furnished.)

( e - mail add re ss)

ITB#2026-16 McFee Dog Park 14

It is understood and agreed that, should the undersigned fail to enter into a contract with the

Owner or furnish acceptable contract security, (Performance Bond, and Labor and Materials

Payment Bond) within the time and in the manner herein provided, the bid deposit shall be retained by the Owner as liquidated damages and not as a forfeiture. As it is impossible to determine precisely the exact amount of damages the Owner will sustain, it is agreed that the bid deposit is a fair and equitable estimate of such damages.

UNIT PRICES:

Unit Price 1: N/A

STIPULATIONS:

In submitting the bids, the undersigned agrees:

1. Bids will not be withdrawn within the period of sixty (60) calendar days following the opening thereof.

2. If notified of the acceptance of this bid, execute a contract for the work and deliver to the

Owner the performance and payment bond specified, within 7 calendar days after such notification.

3. That the Owner reserves the right to award the Contract to his best interests, to reject any or all bids, to waive any informalities in bidding, and to hold all bids for the bid guarantee period.

4. The Contractor warrants, by submission of this Bid that he has complied to the fullest extent with all requirements of the Bid Document without exclusion of any sort.

5. In submitting this Bid, the bidder recognizes that the right is reserved by the Town of Farragut to accept the Total Bid or any part, to negotiate with any Bidder, waive any formalities in the bidding, or to reject any or all bids.

6. All work items not specifically mentioned above as an alternate or unit allowance, but required by the contract documents, shall be considered included in the Base Bid.

RECEIPT OF DRAWINGS:

Receipt is acknowledged of the Drawings identified by “McFee Dog Park, ITB No. 2026-16” and addenda.

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ORGANIZATION: (Bidder to check type of organization)

The undersigned is organized as a ( ) corporation, ( ) partnership, ( ) individual, ( ) sole proprietorship, ( ) joint venture, ( ) other in the State of __________________________________________

FEDERAL IDENTIFICATION NUMBER:

______________________________________________ [TENNESSEE] CONTRACTORS

LICENSE NUMBER: _____________________________________ CONTRACTOR

CLASIFICATION, SUBCLASSIFICATION, AND LIMITATION:

(Classification) (Subclassification) (Limitation)

FIRM NAME: _______________________

STATE OF INCORPORATION ___________

BY _________________

TITLE DATE ____

ITB#2026-16 McFee Dog Park 16

General Terms and Conditions

The following terms, conditions and instructions apply (unless otherwise noted) to all of the Town of Farragut solicitations whether they are quotations, bids, proposals, requests for qualifications or other types of solicitations.

The term “vendor” is used collectively for bidder, vendor, proposer, quoter, contractor and all other terms implying or meaning one who is responding to an opportunity with the Town of Farragut. The submission of a response means that the vendor understands and agrees with the Town of Farragut’s instructions to vendors.

1. ACCEPTANCE-AGREEMENT. Vendors shall hold their price firm and subject to acceptance by the Town of

Farragut for ninety (90) calendar days from the date of the solicitation opening unless otherwise directed by the Town of Farragut.

2. AWARD/REJECTION OF RESPONSES. Awards are made to the responsible vendor complying with the conditions of the solicitation based on the response that receives the highest rating and is in the Town of

Farragut’s best interest. The Town of Farragut reserves the right to reject any and all responses and to waive any informality in the responses received whenever the Town of Farragut determines that such rejection or waiver is in the Town of Farragut’s best interest.

3. INTERPRETATIONS. The Town of Farragut is not responsible for oral interpretations of specifications.

Submit written requests for interpretation as indicated in a solicitation document. Addenda (official changes to or interpretations of specifications) are posted to the Town of Farragut’s web page. It is the vendor’s responsibility to examine the web page for addenda. All addenda become part of the contract, and all vendors/vendors are bound by such addenda.

4. USE OF SOLICITATION FORMS. Vendors are to complete the forms contained in the solicitation package.

Failure to complete these forms may result in the rejection of your response.

Vendors are not to change the pricing method that is on the solicitation document unless the

Procurement/Finance office approves the change.

5. BID WITHDRAWAL. A Vendor may withdraw or amend a solicitation response before the date and time set for the receipt of bids without stating a reason. Bids may not be withdrawn without the Town of Farragut’s approval after the bid opening. If granted, withdrawal after the due date is non-reversible. Bid withdrawal may affect your bid bond (if any).

6. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Tennessee and the Codes of the Town of Farragut (“Town”).

7. ALTERATIONS OR ADMENDMENTS. Alterations, amendments, changes, modifications or additions to the

Purchase Order shall not be binding without the Town of Farragut’s prior written approval.

8. APPROPRIATION. In the event funds are not appropriated by the Town of Farragut for the goods and/or services or insufficient funds exist to purchase the goods and/or services, awards and/or contracts shall terminate upon the expenditure or previously appropriated funds with no further obligations owed to or by either party.

ITB#2026-16 McFee Dog Park 17

9. COMPENSATION AND PAYMENT TERMS. For the completion of the Work, the Town of Farragut shall pay

Vendor the contract sum set forth in the purchase order and/or contract. Payments may be made in amounts which are consistent with the percentage of goods/non-professional services completed and invoiced by the

Vendor as set forth in the purchase order.

The Town’s delivered payment terms are payment within thirty (30) days except where the law provides otherwise. Payment may be sooner where cash discounts are offered for early payment, however, cash discounts offered will not be considered in determining lowest bidder. In no event will payment be made prior to receipt of an original invoice containing invoice and purchase order numbers and receipt of purchased item(s). The Town is not liable for delays in payment caused by the failure of the Vendor to send an invoice to the address referenced herein.

10. INSPECTION/TESTING. Payment for the goods delivered does not constitute acceptance of the goods.

The Town of Farragut has the right to inspect the goods and to reject any or all of the goods which are in the

Town’s judgment defective or nonconforming. Goods rejected and goods supplied in excess of quantities called for may be returned to the Vendor at its expense and in addition to the Town’s other rights. The Town may charge the Vendor all expenses of unpacking, examining, repacking and reshipping those goods. In the event the Town receives goods whose defects or nonconformity are not apparent on examination, the Town reserves the right to require replacement, as well as payment of damages. Nothing contained in this purchase order will relieve in any way the Vendor from the obligation of testing, inspection and quality control.

In the award of a construction contract/purchase order the Vendor is responsible for thoroughly inspecting the site of the proposed work and for becoming familiar with the work circumstances. The vendor’s failure to do so will not result in additional payments to the Vendor.

11. PROPERTY RIGHTS AND COPYRIGHT PROHIBITION. The Vendor agrees that all information, data, findings, recommendations, bids, et cetera by whatever name described and in whatever form secured, developed, written or produced by the Vendor in furtherance of this contract shall be the Town of Farragut’s property. The Vendor specifically waives and/or releases to the Town of Farragut any cognizable property right of the Vendor to copyright, license, patent, or otherwise uses such information, data, findings, recommendations, responses, et cetera.

12. PRICE WARRANTY. Vendor warrants that the prices for the goods or non-professional services sold the

Town are not less favorable than those currently extended to any other customer for the same or similar goods or non-professional services in similar quantities. In the event Vendor reduces its price for the goods or non-professional services during the term of this purchase order, Vendor agrees to reduce the prices charged to Town correspondingly. The Vendor warrants that prices shown on this purchase order/agreement are complete, and no additional charges of any type will be added without the Town’s express written consent.

Any additional charges include, but are not limited to, shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing, crating.

13. NON-ESCALATION. Unless otherwise specified within the solicitation documents, the unit prices reflected in the agreement and/or contract shall remain form with no provisions for price increases during the term of the contract.

14. DELIVERY. All deliveries shall be to the designated Town of Farragut property, and they must be Freight On

Board (FOB) Town of Farragut, Tennessee with all delivery, handling, surcharges and other charges included in the bid price. Failure to do so may cause rejection of the bid.

15. EXPENSES INCURRED. All expenses incurred in the preparation and submission in response to a solicitation shall be borne by the Vendor.

ITB#2026-16 McFee Dog Park 18

16. INDEMNIFICATION/HOLD HARMLESS. The Vendor shall indemnify, defend, save and hold harmless the

Town of Farragut, its Mayor of Board, Alderman and employees from all suits, claims, actions or damages of any nature brought because of, arising out of, or due to breach of the agreement by vendor, its sub-vendors, suppliers, agents, or employees or due to any negligent act or occurrence or any omission or commission of vendor, its sub-vendors, suppliers, agents or employees.

17. INSURANCE. A Vendor working on the Town of Farragut property shall purchase and maintain during the life of this Agreement, insurance coverage which will satisfactorily insure Vendor against claims and liabilities which arise because of the execution of this Agreement, with the minimum insurance coverage as follows:

a. Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and

$2,000,000 in the general aggregate.

b. Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for bodily injury and property damage.

c. Worker’s Compensation Insurance and Employer’s Liability Insurance, in accordance with statutory requirements, with a limit of $500,000 for each accident.

d. Professional Liability Insurance, with a limit of $1,000,000 for each claim and aggregate.

The vendor shall not commence work on the goods/non-professional services until a Certificate of Insurance has been submitted to the Town showing proof that the Vendor has obtained the necessary insurance coverage. If any of the above cited policies expire during the life of this Agreement, it is the Vendor’s responsibility to forward renewal Certificates within ten (10) days after the renewal date containing all the aforementioned insurance provisions. Certificates must specifically cite the following provisions:

i. The Town of Farragut, its agents, representatives, officers, directors, officials and employees must be named an Additional Insured under the following policies:

a) Commercial General Liability

b) Auto Liability

ii. A vendor’s insurance must be primary insurance as respects performance of subject contract.

iii. All policies, expect Professional Liability Insurance, if applicable, waives rights of recovery

(subrogation) against Town of Farragut, its agents, representatives, officers, directors, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement.

18. LIMITATIONS OF RESPONSIBILITY. In no event is Town liable for anticipated profits or for incidental or consequential damages. Town's liability on any claim of any kind for any loss or damage arising out of or in connection with or resulting from this Agreement or from the performance or breach of this Agreement will in no case exceed the unit price allocable to the goods or non-professional services which gives rise to the claim. The Town of Farragut is not liable for penalties of any description. Any action resulting from any breach of this Agreement by the Town as to the goods or non-professional services delivered must be commenced within one (1) year after the cause of action has accrued.

19. PROPRIETARY INFORMATION. The Town of Farragut operates under Tennessee’s Open Records Act and all information in the Town of Farragut’s possession is subject to disclosure upon request. The applies whether or not such information is stamped “confidential,” “proprietary” or other similar phrases.

ITB#2026-16 McFee Dog Park 19

20. RECORDS RETENTION AND AUDIT. The Vendor shall maintain all books, documents, accounting records and other evidence pertaining to the goods and services provided under an agreement and/or contract and make such materials available at its offices at all responsible times during the contract period and for three years (and as required by federal law and/or regulations) from the date of the final payment under an agreement or contract. This shall be for inspection by the Town of Farragut or any other governmental entity or agency participating in the funding of an agreement or contract, or any authorized agents thereof. Upon request, the vendor shall furnish copies of said records.

21. TERMINATION FOR CONVENIENCE. The Town of Farragut reserves the right to terminate this order or any part of this order at its sole convenience with thirty (30) days written notice. In the event of termination, Vendor must immediately stop all work and immediately cause any of its suppliers or subcontractors to cease any further work. The Vendor will be paid a reasonable termination charge consisting of a percentage of the order price reflecting the percentage of the work performed before the notice of termination, plus actual direct costs resulting from termination. The Vendor will not be paid for any work done after receipt of the notice of termination, nor for any costs incurred by the Vendor's suppliers or s which Vendor could reasonably have avoided. The Vendor must not unreasonably anticipate the requirements of this order.

22. TERMINATION FOR CAUSE. The Town of Farragut may also cancel this order, or any part of this order, with seven (7) days written notice for cause in the event of any default by the Vendor, or if the Vendor fails to comply with any of the terms and conditions of this offer. Late deliveries, deliveries of products which are defective, or which do not conform to this order, and failure to provide the Town, upon request, with adequate assurances of future performance are all causes allowing the Town to cancel this order for cause. In the event of cancellation for cause, the Town is not liable to the Vendor for any amount, and the Vendor is liable to the Town for any and all damages sustained by reason of the default which gave rise to the cancellation.

If it should be determined that the Town has improperly cancelled this contract for a default, the cancellation is considered a termination for convenience.

23. DISPUTE RESOLUTION. Claims, disputes, or other matters in question between the parties to…