ITB 2026-30 TOF Biddle Farms Washroom Facilities.pdf

Town of Farragut

Invitation to Bid No. 2026-30 For

Biddle Farms Washroom Facilities Build

All Bids Must be Submitted To:

Farragut Town Hall

11408 Municipal Center Dr 2nd Floor

Farragut, TN 37934

Deadline for Proposal Submissions:

Date: Tuesday, June 16, 2026 Time: 2:00 PM EST

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_____

If submitting a “No Proposal” state reason ___________________________________

By signing and submitting this bid, the Bidder acknowledges and certifies the bidder has examined, understands, and agrees to the solicitation documents, specifications, addenda, and related requirements and that the person signing this bid has full authority to bind the firm to the terms stated herein.

Authorized Signature Title (Printed)

Name (Printed) Date

ITB 2026-30

ITB No. 2026-30 Biddle Farms Washroom Facilities Build

Table of Contents

1. ITB Instructions

1.1. Procurement Schedule 3

1.2. Bid Documents 4

1.3. Communications 4

1.4. ITB Amendments and Cancellations 4

1.5. Bid Bond/Guaranty 5

1.6. Performance and Payment Bond 5

1.7. Post Bid Information 5

1.8. Retainage Policy

1.9. Contract Term 5

1.10. Bid Submittal 6

• Bid Submittal Check List 7

• Bid Envelope Cover 9

2. Project Scope of Work 10

3. General Terms and Conditions 16 4 Bid Form 23

5. Bond Forms 24

6. Sample Contract 30

7. Required Forms

• Addenda Acknowledgement and Bid Certification 35

• Drug Free Workplace Affidavit 36

• Non-Collusion Affidavit 37

• Statement of Compliance Certificate Illegal Immigrants 38

• Non-Boycott of Israel Certification 39

• Certification Regarding Debarment, Suspension & other Responsibility Matters 40

• Byrd Anti-Lobbying Amendement Certification 41

• Owner’s Ethnicity and Gender of Contracts and Sub-Contractors 43

• Iran Divestment Act Certification 44

• Title VI Assurance 45

• Equal Employment Opportunity/Affirmative Action Policy Statement 46

1. ITB Instructions

Advertisement

Sealed bids for the project entitled 2026-30 Biddle Farms Washroom Facilities Build will be received by the Town of Farragut on June 16, 2026, at 2:00 pm EST. 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 Biddle Farm area is a new area for the Town of Farragut which includes living space, grocery shopping, bank, shops, restaurants, and a fuel station. The restroom is meant to help support the general area, which includes a greenway/trail. The Town also plans to use open green space for future events, and this restroom will help support those functions.

1.1 Procurement Schedule

ITB Issue 05/15/2026

Non-Mandatory Pre-Bid Meeting** 05/27/2026 @ 2:00pm

Deadline for Bidder Questions 06/03/2026 @ 5:00pm

Bids Due - Opening 06/16/2026 @ 2:00pm

Intent to Award 06/19/2026

Board of Mayor and Alderman

Approves/Contract Signed 07/09/2026

**The Non-Mandatory Pre-Bid meeting will be held at the construction site on the corner of Anchor Green Drive and Biddle Farms Blvd on the date and time referenced above.

Parking is located near the vacant building across from Tupelo Honey Restaurant located at 126 Biddle Farms Blvd, Farragut, TN 37934. See map in Exhibit B for site details.

Attendance is not mandatory for this pre-bid meeting. However, all prospective bidders are strongly encouraged to attend, as the meeting will provide an opportunity to gain a comprehensive understanding of the project requirements, obtain clarification of the specifications, and address any questions regarding the scope of services. Any verbal information provided during the meeting shall not be considered binding. Any material changes, clarifications, or additional information resulting from the meeting will be issued exclusively through a written addendum to the solicitation.

All bidder questions must be directed to the Finance Department as the sole point of contact for this solicitation. Questions shall be submitted in writing to procurement@townoffarragut.org by the stated deadline. Proposers are prohibited from contacting any other officials, employees, or representatives regarding this solicitation.

Unauthorized contact may result in disqualification. Responses to questions will be issued only through formal addendum and will be posted to the designated procurement portal.

The information contained in this document represents the minimum requirements for defining the work to be performed. It is the sole responsibility of all Proposers to evaluate existing conditions as needed to prepare their proposals.

1.2 Bid Documents

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

1. Town Website (Free):

o https://www.townoffarragut.org/bids.aspx o Registration is required but at no cost to vendors.

2. Beacon Bid:

o https://www.beaconbid.com/register/supplier o Also requires vendor registration, offering national visibility.

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

1.3 Communications

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

Candace Whitt, CPPB

Grant & Procurement Account cwhitt@townoffarragut.org

The Grant & Procurement Account 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 Addenda 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 addendum is issued, it will be posted on these websites:

1. Town Website (Free):

o https://www.townoffarragut.org/bids.aspx o Registration is required but at no cost to vendors.

2. Beacon Bid:

o https://www.beaconbid.com/register/supplier o Also requires vendor registration, offering national visibility.

o

It is the Bidder’s responsibility to ensure that the Town’s website and/or Beacon are reviewed for ITB changes prior to submission of proposal.

The Owner reserves the right to reject any and all bids and to waive any formalities in the bidding process, and to evaluate bids, and to accept any bid which, in its opinion, may be 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.

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 made payable to the Town of Farragut 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

Should a bidder wish to protest a bid, the bidder shall submit a Protest Bond to the Town of Farragut in the amount of 5% of the protestor’s bid amount within seven calendar days of the Bid opening.

Each Bidder shall be prepared, if requested by the Town of Farragut, to present evidence, qualifications, and financial ability to carry out the terms of the contract.

1.8 Retainage

For contracts requiring retainage and exceeding five hundred thousand dollars ($500,000), retained funds shall be deposited into a separate interest-bearing escrow account in compliance with T.C.A. § 66-34-104.

Retainage withheld under this Contract shall be released within ninety (90) days after completion of the Work or substantial completion of the Project for the applicable portion of the Work, whichever occurs first, provided all contract requirements have been satisfied.

1.9 Contract Term

1.9.1 Substantial Completion

The Contractor shall achieve Substantial Completion of the project within six (6) months from the date of the Notice to Proceed. Substantial Completion is defined as the stage at which the new restroom facility has been fully constructed, all plumbing and electrical systems are operational, all finishes and fixtures are installed, and the building is ready for public use and inspection.

1.9.2 Final Completion and Payment

The Contractor shall achieve Final Completion of all work, including correction of punch list items, final site cleanup, and submission of all required closeout documentation, within two

(2) weeks after Substantial Completion. Final payment will be made upon the Owner’s and Engineer’s acceptance of the completed restroom facility and verification that all work has been performed in accordance with the contract documents.

1.9.3 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 $500.00 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

1.10 Proposal 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.

Bidders must submit in a sealed package:

• 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.

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

Town Hall Attn: Finance Department, Candace Whitt 11408 Municipal Center Drive 2nd Floor

The sealed package should be clearly labeled with the following: (Bid Envelope Cover Sheet Provided on next page and must be attached to the OUTSIDE of your sealed package)

• Confidential

• Proposal for ITB# 2026-30 Biddle Farms Washroom Facilities Build

• Proposal Due Date and Time

• Bidder Name

• Bidder Address

• Bidder Phone Number

• Contractor License Information

Bid Submittal Checklist o Cover page with signature o Signed Bid Form o Bid Guaranty 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

BID PROPOSAL ENVELOPE COVER FORM

(Complete and attach to the OUTSIDE of sealed bid envelope)

TO: Town of Farragut 11408 Municipal Center Dr, 2nd Floor

Confidential

Invitation to Bid

SEALED BID – DO NOT OPEN

ITB No. 2026-30 Biddle Farms Washroom Facilities Build

Bid Opening Date & Time: Tuesday, June 16, 2026 @ 2:00pm

COMPANY NAME:

ADDRESS:

CITY/ST/ZIP:

TN CONTRACTOR

LICENSE NO:

LICENSE CLASSIFICATION(S):

EXPIRATION

DATE:

LICENSE LIMITATION(S):

List below the Subcontractors to be used on this project, or check “N/A” if no subcontractors are to be used.

ELECTRICAL

N/A

Subcontractor: License No:

Classification/Limitation: Expiration Date:

HVAC

N/A

Subcontractor: License No:

Classification/Limitation: Expiration Date:

GEOTHERMAL

N/A

Subcontractor: License No:

Classification/Limitation: Expiration Date:

MASONRY

N/A

Subcontractor: License No:

Classification/Limitation: Expiration Date:

PLUMBING

N/A

Subcontractor: License No:

Classification/Limitation: Expiration Date:

Received by: _________________ Date: _____________ Time: ______________

2. Scope of Work

This project requires furnishing all labor, equipment, materials, and incidentals necessary for the construction of a new restroom facility. Work includes site preparation, grading, and utility connections; installation of the concrete building pad and restroom structure; plumbing, electrical, and ventilation systems; interior and exterior finishes; installation of all fixtures and accessories;

and final site restoration including sidewalks, landscaping, and cleanup. Ensure and understanding of all items listed below as referenced in Exhibits A and B.

1. 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.

2. 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.

3. Surveys – Exhibit B

3.1 Geotechnical

Review the Geotechnical Report as part of the contract documents.

3.2 Surveying & Site Analysis

• Boundary and topographic survey

• Utility location and mapping

• Zoning and code compliance review

• Town Permits

• Include all Storm Water Pollution Prevention Program (SWPPP) Best

Management Practices (BMPs)

• Contractor shall provide and maintain security/privacy fencing for the work area and lay down yard identified by Owner for the duration of the project. Contractor shall secure all project sites at the end of each workday and provide the Town of Farragut with all keys, access codes, or other required access credentials.

• Porta-potty supplied and maintained by Contractor.

4. Design & Construction Documents – Exhibit A

4.1 Architectural Drawings

• Site plan

• Floor plans

• Elevations and building sections

• Door/window schedules

• Finish schedules

• Code analysis and life safety plans

4.2 Structural Drawings

• Foundation plans (based on geotechnical recommendations)

• Framing plans (i.e. wood/steel/concrete)

• Structural details and schedules

• Load calculations and specifications

4.3 Civil Engineering Drawings

• Grading and drainage plans

• Stormwater management

• Erosion and sediment control

• Utility connections (i.e. water, sewer, electrical)

• Roadways, paving, and sidewalks (if applicable)

4.4 MEP Drawings (Mechanical, Electrical, Plumbing)

• Mechanical (HVAC) o Equipment o Ventilation and exhaust systems o Controls and thermostats

• Electrical o Power distribution and panel schedules o Lighting layout and controls o Low voltage systems (i.e. controls, data, fire alarm, security) o Grounding and bonding o Future 2 inch conduit installed in the electrical room on the north wall. It can be in the Northwest corner. Stub 10 feet outside building envelope 24 inch depth and vertically 2 feet along interior wall.

• Plumbing o Water supply and distribution o Sanitary waste and vent systems o Storm drainage systems o Fixtures and equipment schedules

5. Construction Scope – Exhibit A

5.1 Site Work & Earthwork

• Clearing and grubbing

• Excavation and grading

• Soil compaction per geotechnical report

• Utility trenching and backfill

5.2 Concrete

• Footings and foundations

• Slabs-on-grade

• Reinforced concrete structures

• Flatwork (sidewalks, curbs, driveways)

5.3 Masonry

• CMU walls

• Brick or stone veneer

• Mortar and reinforcement systems

5.4 Framing

• Structural framing (wood, steel, or engineered systems)

• Floor, wall, and roof framing

• Sheathing and bracing

5.5 Roofing

• Roof structure and decking

• Waterproofing and underlayment

• Roofing materials (i.e. shingles, membrane, metal, etc.)

• Flashing and drainage systems

5.6 Exterior Envelope

• Weather barriers and insulation

• Siding and cladding systems

• Exterior finishes

5.7 Doors, Windows & Glazing

• Installation of exterior and interior doors

• Door hardware (i.e. locks, closers, panic devices)

• Window systems and storefront glazing

• Glass and glazing systems

5.8 Mechanical Systems

• HVAC equipment installation

• Ductwork and piping

• Testing and balancing

• Testing and commissioning

5.9 Electrical Systems

• Wiring and conduit installation

• Lighting fixtures and controls

• Panel installation and labeling

• System testing

5.10 Plumbing Systems

• Piping installation

• Fixture installation (i.e. faucets, sinks, water closets, urinals, mop sink)

• Water heaters Insta hots, and pumps

• Floor Drains

• Testing and commissioning

5.11 Interior Construction & Finishes

• Drywall and ceilings

• Flooring

• Casework and millwork

• Painting and coatings (i.e. floor coating)

• Fire Extinguisher

• Toilet Partitions

5.12 Insulation & Waterproofing

• Thermal insulation systems

• Moisture barriers

• Waterproofing (i.e. below and above grade)

6. Quality Control & Testing

• Material testing (i.e. soil, concrete, compaction)

• Inspections per local authority requirements (Town Permit required)

• Special inspections (as required)

• Punch list and corrections

7. Project Closeout

• Final inspections and approvals

• As-built drawings

• Operation & maintenance manuals

• Warranties and certifications

• Certificate of occupancy

8. Add Alternate – Exhibit B

• Provide and install one new 225-amp electrical panel inside the restroom building.

• Provide and install two 2-inch Schedule 80 conduits from the electrical panel to the location shown in the attached photographs, approximately 10 feet behind the back of curb within the lawn area. One conduit shall serve the electrical installation. One conduit shall remain spare for future use.

• Contractor shall evaluate and coordinate conduit sizing and enclosure capacity to accommodate future expansion for additional electrical service requirements, including temporary event power, food trucks, concerts, holiday lighting displays, movies, and similar community activities at Anchor Green.

• Provide and install one concrete pad extending 2 inches above finished grade and 2 inches beyond all sides of the electrical enclosure.

• Provide and install one green, weatherproof, lockable outdoor electrical cabinet suitable for public park applications. Contractor shall submit manufacturer and model information for Owner approval prior to order and installation. Cabinet shall provide sufficient interior space and electrical capacity for future expansion and installation of additional receptacles and related equipment.

• Provide and install the following receptacles within the exterior cabinet:

o Six 20-amp receptacles o One 50-amp receptacle o One 30-amp receptacle.

Special Conditions

1. The work shall begin upon receipt of a written Notice to Proceed from the Public Works 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. The Contractor shall be responsible for coordinating and paying for all utility service connections required for the project, including, but not limited to, water, sewer, and electric taps.

The Contractor’s bid prices shall be deemed to include all such utility tap fees.

4. The Contractor shall provide the Owner with copies of all invoices, receipts, and supporting documentation related to utility tap fees upon request. The Owner reserves the right to review these documents at any time to verify that charges are accurate and consistent with the Work performed.

5. Under no circumstances shall the Contractor apply any markup, overhead, or profit to the utility tap fees charged by the utility providers.

6. Building inspections are to be scheduled through the Town of Farragut MGO system.

Electrical inspections are to be scheduled through the State of Tennessee.

7. All materials on this project, including but not limited to concrete and soil, shall be subject to testing in accordance with the Contract Documents and applicable standards. The Contractor shall be solely responsible for scheduling all required tests in a timely manner and for payment of all associated testing costs.

8. 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. See Exhibits A and B.

9. Any damage to asphalt, slurry seal, pavement markings, or striping caused by the Contractor shall be repaired by the Contractor at no additional cost to the Owner. All repairs shall be subject to Owner inspection and included in the project punch list.

10. The Town does not imply nor assume any security of any portion of this project or lay down yard

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.

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.

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.

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 this

Agreement arising out of or relating to this Agreement, or breach thereof, shall be subject to mediation in

Farragut. Tennessee, in accordance with the following provisions:

a. The mediation shall be conducted by a mediator mutually acceptable to both parties.

b. The parties agree to share equally in the expense of the mediation.

c. Such mediation may include the Vendor or any other person or entity who may be affected by the subject matter of the dispute.

d. Unless the parties agree otherwise, mediation shall be a condition precedent to the exercise of any legal remedy other than a proceeding seeking an immediate injunction or restraining order to protect the rights of a party pending litigation. Notwithstanding the issuance of an injunction or restraining order, or the refusal of a court to issue such an order, the dispute shall continue to be subject to mediation.

24. DELAY IN PERFORMANCE. Neither the Town nor Vendor shall be considered in default of the Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such circumstances include abnormal weather conditions; floods;

earthquakes; fire; epidemics; war, riots, or other civil disturbances; sabotage; judicial restraint; discovery of unanticipated hazardous wastes; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Town or Vendor under this Agreement. Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of the Agreement price. If the Vendor is delayed in the performance of the services for more than three hundred sixty-five (365) calendar days, either by the Town or circumstances beyond his control, an equitable adjustment to the contract amount can be made to compensate for additional costs incurred.

For delays in performance by Vendor caused by circumstances which are within its control, such delays shall be documented and presented to the Purchasing Department at the conclusion of Project and acknowledged by both Town and Vendor. The completed form shall be retained by the Town for a period of seven years and reviewed prior to Vendor selection for future Town projects. In the event the Vendor is delayed in the performance of Services because of delays caused by the Town, Vendor shall have no claim against the

Town for damages or contract adjustment other than an extension of time.

25. HAZARDOUS MATERIALS. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. The Town and Vendor agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Town and Vendor also agree that the discovery of unanticipated hazardous materials may make it necessary for the Vendor to take immediate measures to protect health and safety. Town agrees to compensate Vendor for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials.

Vendor agrees to notify Town when unanticipated hazardous materials or suspected hazardous materials are encountered. Town agrees to make any disclosures required by law to the appropriate governing agencies and agrees to hold Vendor harmless for any and all consequences of disclosures made by Vendor which are required by governing law. In the event the project site is not owned by the Town, the Town agrees to inform the Town of the discovery of unanticipated hazardous materials or suspected hazardous materials.

26. COMMUNICATIONS. Any notice to the Town shall be made in writing to the address specified below:

Town of Farragut

Attn: Finance/Purchasing

11408 Municipal Center Drive

Farragut, TN 37934

(865) 966-7057

Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of the Vendor and the Town of Farragut.

27. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire

Agreement from being void should a provision which is of the essence of this Agreement be determined void.

28. INTEGRATION. This Agreement represents the entire and integrated agreement between Town and Vendor.

All prior and contemporaneous communications, representations, and agreements by Vendor, whether oral or written, relating to the subject matter of this Agreement, as set forth in the Purchase Order, are hereby incorporated into and shall become a part of this Agreement.

29. SUCCESSORS AND ASSIGNS. This Agreement is binding on and inures to the benefit of the Town and

Vendor and their respective permitted successors and permitted assigns.

30. ASSIGNMENT. Neither the Town nor Vendor shall assign any rights or duties under this Agreement without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent Vendor from employing independent Vendors, associates, and s to assist in the performance of the Services; however, other agreements to the contrary notwithstanding, in the event Vendor employs independent Vendors, associates, and subcontractors to assist in performance of the

Services, Vendor shall be solely responsible for the negligent performance of the independent Vendors, associates, and subcontractors so employed.

31. THIRD PARTY RIGHTS. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Town and Vendor.

32. RELATIONSHIP OF PARTIES. Nothing contained herein shall be construed to hold or to make the Town a partner, joint venturer, or associate of Vendor, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the relationship between the parties is and shall at all times remain contractual as provided by the terms and conditions of this Agreement.

33. INTEREST OF CURRENT & PAST MEMBERS, OFFICIERS OR EMPLOYEES. No member, officer or employee of the Town of Farragut, no member of the Town of Farragut’s governing body, and no other public official who exercises any function or responsibilities with respect to the project shall during his tenure or for one year thereafter have any interest, direct or indirect, in a contract, agreement or purchase order or the proceeds thereof.

34. NON-DISCRIMINATION. Vendors agree to comply with all federal, state, and local nondiscrimination laws and regulations. Vendor agrees not to discriminate against any participant in this Agreement on the basis of race, color, religion, sex, age or national origin. Vendor further agrees to comply with all federal, state and local laws regarding treatment and accommodation for individuals with disabilities.

35. DRUG FREE WORKFORCE. Vendor certifies that it will provide a drug-free workplace and agrees to comply with the applicable requirements of the Drug-Free Workplace Act of 1988.

36. FEDERAL OR STATE FUNDING. In the event that the Project is funded in whole or in part by Federal or

State grants, Vendor agrees to abide by all applicable Federal and State laws, regulations, grant conditions and procedures.

37. COMPLIANCE WITH LAWS. The Town has entered into this agreement with the Vendor relying on its knowledge and expertise to provide the services contracted for. As part of that reliance, Vendor represents that he knows and understands the relevant and applicable federal and state laws that apply to the services provided through this contract and agrees to comply with these relevant and applicable federal and state laws.

The Vendor understands and acknowledges the applicability to it of:

a. the American with Disabilities Act,

b. the Immigration Reform and Control Act of 1986,

c. the Drug Free Workplace Act of 1988.

d. Executive Order 11246; “Equal Employment Opportunity.”’

e. Copeland “Anti-Kickback” Act

f. Title VI of the Civil Rights Act of 1964

Bid Form

ITB# 2026-30 Biddle Farms Washroom Facilities Build

Bidder/Company Name: ________________________________________________________

The bidder shall furnish all labor, materials, tools, and equipment necessary to install a public restroom at

Biddle Farms in the Town of Farragut. The proposer agrees to conform to all requirements of this ITB and the project specifications as set forth in the contract documents.

Base Bid Price: $______________._____

Add Alternate: $______________._____

TOTAL BID $__________________._____ (Base + Add Alt)

TOTAL BID IN WORDS

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. For evaluation purposes, bids will be ranked using the Base Bid plus Additive Alternate.

NOTE: All Work items not specifically mentioned above, but required by the Contract Documents, shall be considered incidental to the other Work and not be paid for directly.

References listed below should be for completed projects of similar size and scope:

(Please list Company, Contact Name, Phone Number, Email address)

1.

2.

3.

Name and Address of Bidder: __________________________________________________

Telephone: _________________________________________________________________

Email Address: ______________________________________________________________

Signature: __________________________________________________________________

Title: _______________________________________________ Date: _________________

References for this contract must be submitted with bid form.

TOWN OF FARRAGUT, TENNESSEE

BID BOND

CONTRACT NO. 2026-30

Principal:

Print Name of Principal

Surety:

Print Name of Surety

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety above named, are held and firmly bound unto the TOWN OF FARRAGUT in the full and just sum of five percent (5%) of the total amount bid by the Principal for the project stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

NOW, THEREFORE, the condition of this obligation is: the Principal shall not withdraw its bid within sixty (60) days after the opening of the bids, or within such other time period as may be provided in the Proposal, and if the TOWN OF FARRAGUT shall award a Contract to the Principal, the Principal shall, within ten (10) days after written notice of the award is received by him, fully execute a Contract on the basis of the terms, conditions and unit prices set forth in his Proposal or bid and provide bonds with good and sufficient surety, as required for the faithful performance of the Contract and for the protection of all persons supplying labor, material, and equipment for the prosecution of the work. In the event the Principal withdraws its bid after bids are opened, or after award of the Contract has been made fails to execute such the Contract and/or such additional documents as may be required and to provide the required bonds within the time period specified above, then the amount of the Proposal Bond shall be immediately paid to the TOWN OF FARRAGUT, not as a penalty, but as agreed upon liquidated damages.

IN WITNESS WHEREOF, the Principal has caused these presents to be signed by a duly authorized official and the Surety has caused these presents to be duly signed and sealed by an authorized agent or attorney-in-fact.

Principal (1) Surety (1)

By: By:

General Agent or Attorney-in-Fact

Date

(Seal)

Principal (2) Surety (2)

General Agent or Attorney-in-Fact

Date

(Seal)

*NOTE: The signature and information for Principal(2) and Surety(2) is to be provided when there is a joint venture.

Print Name and Title Date

Print Name and Title Date

TOWN OF FARRAGUT, TENNESSEE

BID GUARANTEE

Bidder:

Print Name of Bidder

KNOW ALL MEN BY THESE…