Town of Farragut

Invitation to Bid No. 2027-03 For

Everett Rd Greenway Connector

All Bids Must be Submitted To:

Farragut Town Hall

11408 Municipal Center Dr 2nd Floor

Farragut, TN 37934

Deadline for Proposal Submissions:

Date: Tuesday, August 25, 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 2027-03

ITB No. 2027-03 Everett Rd Greenway Connector

Table of Contents

1. ITB Instructions 3

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 Contract Term 5

1.9 Bid Submittal 6

Bid Submittal Check List 7

Bid Envelope Cover 8

2. Project Scope of Work 9

3. Special Conditions 10

4. General Terms and Conditions 11

5. Bid Form 18

6. Required Forms:

Addenda Acknowledgement and Bid Certification 19

Drug Free Workplace Affidavit 20

Non-Collusion Affidavit 21

Statement of Compliance Certificate Illegal Immigrants 22

Non-Boycott of Israel Certification 23

Certification Regarding Debarment, Suspension & other Responsibility Matters 24

Byrd Anti-Lobbying Amendment Certification 25

Owner’s Ethnicity and Gender of Contracts and Sub-Contractors 27

Iran Divestment Act Certification 28

Title VI Assurance 29

Equal Employment Opportunity/Affirmative Action Policy Statement 30

Bid Bond/Guaranty Form 31

7. Sample Contract 38

1. Instructions

Advertisement

Sealed offers for the project entitled Everett Rd Greenway Connector will be received by the

Town of Farragut on August 25, 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 Town of Farragut is seeking to procure a contract for construction of a greenway connection located at Everett Rd. Bidders must be TDOT prequalified to bid on this project and

TDOT ID number listed on the Bid Cover Form.

1.1 Procurement Schedule

ITB Issue/Advertised 07/24/2026

Non-Mandatory Pre-Bid Meeting* None

Deadline for Bidder Questions** 08/14/2026 @ 5:00pm

Bids Due - Opening 08/25/2026 @ 2:00pm

Notice of Intent to Award 08/26/2026

Proposed Board of Mayor and

Alderman Approval/Contract Signed 09/10/2026

*No scheduled pre-bid meeting is scheduled due to the size of project. However, all prospective offerors are strongly encouraged to submit questions as an opportunity to obtain clarification of the specifications and address any questions regarding the scope of services. Any material changes, clarifications, or additional information resulting from the meeting will be issued exclusively through a written addendum to the solicitation. Offerors may visit the site at 817

Everett Rd, Farragut, TN 37934.

**All 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. Offerors 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 Offerors to evaluate existing conditions as needed to prepare their offers.

1.2 Solicitation Documents

The documents for the project may be obtained on the following sites:

1. Town Website:

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

1.3 Communications

All communication regarding this solicitation must be submitted via email to the Finance

Department representative identified below:

Candace Whitt, CPPB

Grant & Procurement Account cwhitt@townoffarragut.org procurement@townoffarragut.org

The Grant & Procurement Account will be the sole point of contact for this ITB.

Offeror’s contact with anyone else in the Town is forbidden and may result in disqualification of the offer. Further, any oral communication will be considered unofficial and non-binding on the Town. Offeror should rely only on written statements issued by the Finance Department representative.

1.4 Addenda and Cancellation

The Town reserves the right to amend this solicitation in writing at any time. The Town also reserves the right to cancel or reissue the solicitation at its sole discretion. If an addendum is issued, it will be posted on these websites:

1. Town Website:

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 Offeror’s responsibility to ensure that the Town’s website and/or Beacon are reviewed for solicitation changes prior to submission of offer.

The Owner reserves the right to reject any and all offers 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 offeror in the preparation and submission of its bid in response to this solicitation, nor for the presentation of its solicitation 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 Protest Information

Should an offeror wish to protest an offer, the offeror shall submit a Protest Bond to the Town of Farragut in the amount of 5% of the protestor’s offer amount within seven (7) calendar days of the notice of intent.

Each offeror 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 Contract Term

1.8.1 Substantial Completion

The Contractor shall achieve Substantial Completion within seventy (70) calendar days from the date of the Notice to Proceed. Substantial Completion is defined as the stage at which the project has been fully constructed and is ready for public use and inspection.

1.8.2 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 completion and verification that all work has been performed in accordance with the contract documents.

1.8.3 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.

1.9 Submittal

Offers are to be received by the Town no later than the date and time indicated in Section 1.1.

Offerors 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 submissions will not be accepted. An offeror’s failure to submit a response as required before the deadline may cause the proposal to be disqualified.

Offers must submit in a sealed package as outlined:

• 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 offer 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 Proposal Envelope Cover Sheet Provided on next page and must be attached to the OUTSIDE of your sealed package). Failure to attach and list contactor licensure information may result in disqualification.

• Confidential

• Response for ITB# 2027-03 Everett Rd Greenway Connector

• Submission Due Date and Time

• Offeror Name

• Offeror Address

• Offeror Phone Number

• TN Contractor License Information (if applicable)

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 o ANY OTHER RESPONSE ATTACHMENTS REQUESTED

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. 2027-03 Everett Rd Greenway Connector

Public Opening Date & Time: August 25, 2026 @ 2:00pm EST

COMPANY NAME:

ADDRESS:

CITY/ST/ZIP:

TDOT Vendor ID No.

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

Refer to Exhibit below:

Exhibit_A_ Everett_Road_Const_Plans_2027-03

3. Special Conditions

1. The work shall begin upon receipt of a written Notice to Proceed from the Engineering

Department.

2. A preconstruction conference is required prior to commencement of any Work.

3. The Contractor shall always exercise proper precautions for the protection of persons and property and shall be responsible for all damages to person or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the “Manual of Accident Prevention in Construction” published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. Contractor shall provide safety vests for all workers to be worn while working within the right of way. Other required safety items will be cones, barrels, flags, etc.

4. Additions and Deletions of Work: The Owner reserves the right to increase, decrease, or omit quantities and work items identified in the solicitation, prior to award or during contract performance, when determined to be in the best interest of the Owner. Such changes shall not invalidate the contract. Changes in work shall be authorized through a written Change Order executed by the Owner before performance of the changed work, unless an emergency condition exists and written authorization is provided afterward.

5. 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.

6. This project is to be constructed under the latest edition of the Standard Specifications of the Tennessee Department of Transportation and any additional special specifications and provisions contained in the plans and contract.

7. TN Contractor’s License: Bidders must hold a current Tennessee Contractor's License at the time of bid submittal. The following must appear on the Bid Envelope Cover Form:

Contractor name, license number, license classification, license expiration date.

8. Public Safety: The Contractor shall always exercise proper precautions for the protection of persons and property and shall be responsible for all damages to person or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed.

Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the “Manual of Accident Prevention in Construction” published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. Contractor shall provide safety vests for all workers to be worn while working within the right of way. Other required safety items will be cones, barrels, flags, etc.

9. Additions and Deletions of Work: The Owner reserves the right to increase, decrease, or omit quantities and work items identified in the solicitation, prior to award or during contract performance, when determined to be in the best interest of the Owner. Such changes shall not invalidate the contract. Changes in work shall be authorized through a written Change Order executed by the Owner before performance of the changed work, unless an emergency condition exists and written authorization is provided afterward.

10. Insert any additional conditions here.

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/Procurement

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

1 |ITB 2027-03

Bid Form

ITB 2027-03 Everett Rd Greenway Connector

Bidder/Company Name: __________________________________

ITEM

NUMBER

DESCRIPTION UNIT QTY

UNIT

PRICE

EXTENDED

PRICE

105-01

CONSTRUCTION

STAKES, LINES &

GRADES

L.S. 1

201-01

CLEARING &

GRUBBING

L.S. 1

203-05 UNDERCUTTING C.Y. 50

209-03.23

FILTER SOCK (24

INCH)

L.F. 40

209-08.10

TEMPORARY

CONSTRUCTION EXIT

EA 1

303-01

MINERAL

AGGREGATE, TYPE A

BASE, GRADING D

TON 94

303-10.01

MINERAL AGGREGATE

(SIZE 57)

TON 20

701-01.01

CONCRETE SIDEWALK

(4") S.F. 3422

701-01.02

CONCRETE SIDEWALK

(6") S.F. 326

702.03

CONCRETE

COMBINED CURB &

GUTTER

C.Y. 28

709-05.06

MACHINE RIP-RAP

(CLASS A-1)

TON 10

712-01 TRAFFIC CONTROL L.S. 1 $__________.____ $__________.____

717-01 MOBILIZATION L.S. 1 $__________.____ $__________.____

801-03

WATER (SEEDING &

SODDING)

M.G. 2

803-01 SODDING (NEW SOD) S.Y. 120 $__________.____ $__________.____

TOTAL $___________._____

2 |ITB 2027-03

TOTAL BID $__________________.____

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 total amount.

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.

ADDENDA ACKNOWLEDGEMENT & PROPOSAL CERTIFICATION

ADDENDA ACKNOWLEDGEMENT:

By submitting this response the Vendor represents that the Vendor has examined copies of all the

Contract Documents and hereby acknowledges they have verified that the Vendor is in receipt of the

Addenda listed below and that the proposed pricing contained in Vendor’s Bid or Cost Proposal Form reflects the inclusion of these Addenda. (Check the box next to each addendum received and applicable)

[ ] Addendum No. 1 Date:

[ ] Addendum No. 2 Date:

[ ] Addendum No. 3 Date:

[ ] Addendum No. 4 Date:

[ ] Addendum No. 5 Date:

[ ] Addendum No. 6 Date:

[ ] Addendum No. 7 Date:

[ ] Addendum No. 8 Date:

[ ] Addendum No. 9 Date:

[ ] Addendum No. 10 Date:

The Vendor further acknowledges that should it be determined at the time of the proposal opening that the Vendor has failed to acknowledge receipt of ALL issued addenda; the proposal submission shall be rejected. The Vendor understands that any verbal representation made or assumed to be made during any oral discussion held between Vendor’s representatives and any Town personnel is not binding. Only the information issued in writing and added to the specifications by an official addendum is binding.

PROPOSAL CERTIFICATION:

By signing below, I certify that I have reviewed this Solicitation in its entirety; that I understand the requirements, terms and conditions, and other information contained herein; that this proposal, constitutes an offer to the Town of Farragut that cannot be unilaterally withdrawn; that the products and services proposed meet the requirements contained in the solicitation for that product or service, unless otherwise stated herein; that the Vendor accepts the terms and conditions contained in the solicitation, unless otherwise stated herein; that I am submitting this bid, offer or proposal for review and consideration; that I am authorized by the Vendor to execute and submit this bid, offer, or proposal, or any documents related thereto on Vendor’s behalf; that I am authorized to bind the Vendor in a contractual relationship; and the Vendor has properly registered with any State, County and Town agency that may require registration.

I further certify that my company is in compliance with all State of Tennessee laws.

Date: ____________________

Name of Vendor’s Company: __________________________________________________

Signature of Responsible Vendor: __________________________________________________

Notary’s Signature: __________________________________________________

Notary Seal

DRUG-FREE WORKPLACE AFFIDAVIT

SECTION A – FOR EMPLOYERS WITH FIVE (5) OR MORE EMPLOYEES

The undersigned, principal officer of _________________, an employer of five (5) or more employees contracting with Town of Farragut government to provide construction services, hereby states under oath as follows:

1. The undersigned is a principal officer of _________________ (hereinafter referred to as the "Company"), and is duly authorized to execute this Affidavit on behalf of the Company.

2. The Company submits this Affidavit pursuant to T.C.A. § 50-9-113, which requires each employer with no less than five (5) employees receiving pay who contracts with the state of any local government to provide construction services to submit an affidavit stating that such employer has a drug-free workplace program that complies with title 50, Chapter 9, of the Tennessee Code Annotated.

3. The undersigned also attests that the requirements of the drug-free workplace program or drug and alcohol testing program operated by the bidder are at least as stringent as the program operated by the Town of

Farragut.

4. The Company is in compliance with T.C.A. § 50-9-113.

Further affiant saith not.

Name of Officer Title of Officer

SECTION B – FOR EMPLOYERS WITH FEWER THAN FIVE (5) EMPLOYEES

The undersigned hereby certifies that the Company listed below employs fewer than five (5) employees and is therefore exempt from the Drug-Free Workplace Program requirements of T.C.A. § 50-9-113.

Company Name: _________________________________________________________________

Number of Employees: ___________________________________________________________

Name of Officer Title of Officer

State of _________________, County of ________________

Before me personally appeared _________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the foregoing affidavit for the purposes therein contained.

Witness my hand and seal at office this _____________ day of ____________________, 20.

Notary Public

My commission expires: _________________________________

NON-COLLUSION AFFIDAVIT

_________________________________, being first duly sworn, deposes and says that:

(1) He/She is the _____________________ of _____________________, the firm that has submitted the attached Bid;

(2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said firm nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other vendor, firm or person to submit collusive or sham Bid in connection with the contract or agreement for which the attached Bid has been submitted or to refrain from making a Bid in connection with such contract or agreement, or collusion or communication or conference with any other firm, or, to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other firm, or to secure through any collusion,conspiracy, connivance, or unlawful agreement any advantage against the Town of Farragut or any person interested in the proposed contract or agreement; and

(5) The Bid of service outlined in the Bidis fair and proper and is not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the firm or any of its agents, representatives, owners, employees, or parties including this affiant.

(Signed): ________________________________

Title: ___________________________________

Before me personally appeared __________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the foregoing affidavit for the purposes therein contained.

Witness my hand and seal at office this ____________ day of _________________ , 20 _____.

My commission expires: _____________________________

STATEMENT OF COMPLIANCE CERTIFICATE

ILLEGAL IMMIGRANTS

EACH CONTRACTOR BIDDING SHALL FILL IN AND SIGN THE FOLLOWING

This is to certify that have fully complied with all the requirements of Tennessee Code Annotated § 12-4-124.

• All Bidders for services on this project shall be required to submit an affidavit

(by executing this compliance document) as part of their bid that attests that such Bidder shall comply with requirements T.C.A. § 12-4-124.

Signed:

Before me personally appeared __________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the foregoing affidavit for the purposes therein contained.

Witness my hand and seal at office this ____________ day of _________________ , 20 _____.

My commission expires: _____________________________

STATE OF TENNESSEE

NON-BOYCOTT OF ISRAEL CERTIFICATION

The Bidder certifies that it is not currently engaged in, and will not for the duration of the contract engage in, a boycott of Israel as defined by Tenn. Code Ann.