Town of Farragut

Invitation to Bid No. 2027-06

Fall/Winter 2026 Tree Planting

All Bids Must Be Submitted To:

Farragut Town Hall 11408 Municipal Center Drive, 2nd Floor

Farragut, TN 37934

Deadline for Bid Submission:

Friday, November 13, 2026, 2:00 PM EST

PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID

☐ Yes ☐ No Other ___________ Are quotes firm for 90 days?

If submitting a "No Proposal," state reason: _________________________________________________

Will the Bidder extend the pricing, terms, and conditions of this contract to other government entities, including counties, municipalities, school systems, and state agencies within Tennessee, for the same goods or services during the contract period? ☐ Yes ☐ No

The Town of Farragut retains no obligation on behalf of other entities. Each entity that piggybacks on this contract enters into a separate agreement directly with the Bidder.

By signing and submitting this bid, the Bidder acknowledges and certifies that 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

Company Name DBA, If Applicable

Street Address Phone Number

City, State, Zip Code Email Address

FEIN:

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 2 of 23

Invitation to Bid No. 2027-06 Fall/Winter 2026 Tree Planting

Table of Contents

Invitation to Bid No. 2027-06

1. Instructions to Bidders

Advertisement

1.1 Procurement Schedule

1.2 Solicitation Documents

1.3 Communications

1.4 Addenda and Cancellation

1.5 Protest Information

1.6 Contract Term and Completion

1.7 Submittal

Bid Submittal Checklist

Bid Proposal Envelope Cover Form

2. Scope of Work

General Planting Requirements

3. Special Conditions

3.1 Safety

3.2 Authorized to Do Business in Tennessee

3.3 Business Tax and License

3.4 Insurance

3.5 Purchase Orders and Invoicing

3.6 Additions and Deletions of Work

3.7 Required Certifications

General Terms and Conditions

Bid Form

References

Bidder Information

Required Solicitation Certifications and Affidavits

Addenda Acknowledgement

Certification List

Owner's Ethnicity and Gender of Contracts and Sub-Contractors

Certification

Notary Affidavit

Sample Service Agreement

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 3 of 23

1. Instructions to Bidders

Advertisement

Sealed bids for the project entitled "Fall/Winter 2026 Tree Planting – Public Properties" will be received by the Town of

Farragut on Friday, November 13, 2026, at 2:00 PM EST, at Farragut Town Hall, 11408 Municipal Center Drive, 2nd

Floor, Farragut, Tennessee 37934. At said place and time, all bids duly received will be publicly opened and read aloud.

Intent. The Town of Farragut is seeking to procure a contract for the purchase and installation of trees and plant material at various Town parks, greenways, rights-of-way, and other public properties, as described in the Scope of Work.

1.1 Procurement Schedule

No pre-bid meeting will be held. 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 deadline stated below.

Bidders are prohibited from contacting any other Town official, employee, or representative regarding this solicitation.

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

ITB Issued / Advertised October 20, 2026

Deadline for Bidder Questions November 4, 2026, 5:00 PM EST

Bids Due – Public Opening November 13, 2026, 2:00 PM EST

Intent to Award November 16, 2026

Proposed Board of Mayor and Aldermen Approval / Contract Signed December 10, 2026

The information in this document represents the minimum requirements for defining the work to be performed. It is the sole responsibility of each Bidder to evaluate existing conditions as needed to prepare its bid.

1.2 Solicitation Documents

The documents for this project may be obtained from the following sites:

• Town Website: https://www.townoffarragut.org/bids.aspx — registration is required but at no cost to vendors.

• Beacon Bid: https://www.beaconbid.com/register/supplier — also requires vendor registration, offering national visibility.

All bids submitted must be prepared using 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 and Procurement Accountant procurement@townoffarragut.org

The Finance Department will be the sole point of contact for this ITB. Contact with any other Town representative is prohibited and may result in disqualification of the bid. Any oral communication is unofficial and non-binding on the Town.

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

1.4 Addenda and Cancellation

The Town reserves the right to amend this solicitation in writing at any time, and to cancel or reissue the solicitation at its sole discretion. Addenda will be posted to the websites listed in Section 1.2. It is the Bidder's responsibility to monitor these sites for solicitation changes prior to submitting a bid.

The Town reserves the right to reject any and all bids, to waive any formalities in the bidding process, to evaluate bids, and to accept the bid that, in its opinion, is in the best interest of the Town. The Town may terminate an awarded contract for convenience upon written notice as provided herein.

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The Town of Farragut is not liable for any costs incurred by a Bidder in preparing or submitting a bid in response to this solicitation.

1.5 Protest Information

Should a Bidder wish to protest an award, the Bidder shall submit a Protest Bond to the Town of Farragut in the amount of five percent (5%) of the protesting Bidder's bid amount, along with a written statement of the specific grounds for the protest, within seven (7) calendar days of the notice of intent to award. Each Bidder shall be prepared, if requested, to present evidence of its qualifications and financial ability to carry out the terms of the contract.

1.6 Contract Term and Completion

The Contractor shall commence work upon receipt of a written Notice to Proceed from the Town. All trees and plant material listed in the Scope of Work shall be installed no later than Monday, January 11, 2027, unless an extension is granted in writing by the Town. The Town will inspect each tree and installation as a condition of final acceptance and payment.

1.7 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, and emailed submissions will not be accepted. Failure to submit a response before the deadline may result in disqualification.

Bids must be submitted in a sealed package as follows:

• 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 the hard copy, the hard copy (Original) will prevail.

The bid package shall be mailed, couriered, or hand delivered to:

Town of Farragut – Attn: Finance Department, Candace Whitt

11408 Municipal Center Drive, 2nd Floor

Farragut, TN 37934

The sealed package must be clearly labeled using the Bid Proposal Envelope Cover Form provided in this solicitation, attached to the outside of the sealed package.

Bid Submittal Checklist

☐ Cover page with signature

☐ Signed Bid Form

☐ Required Solicitation Certifications and Affidavits Form

END OF THIS SECTION

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 5 of 23

Bid Proposal Envelope Cover Form

(Complete and attach this form to the outside of the sealed bid envelope)

TO: Town of Farragut

11408 Municipal Center Drive, 2nd Floor

Farragut, TN 37934

CONFIDENTIAL – INVITATION TO BID

SEALED BID – DO NOT OPEN

ITB No. 2027-06 – Fall/Winter 2026 Tree Planting

Public Opening Date and Time: Friday, November 13, 2026 @ 2:00 PM EST

Received by: _________________________ Date: _______________ Time: _______________

Company Name:

Address:

City/State/Zip:

TN Contractor License No.: License Classification(s):

Expiration Date: License Limitation(s) ($):

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 6 of 23

2. Scope of Work

The Town of Farragut is seeking pricing for the installation of trees at Town parks, greenways, rights-of-way, and other public properties. The total bid price for each line item shall include plant material and other necessary materials (soil, amendments, mulch, etc.), labor, and staking as necessary. The planting locations, species, sizes, and quantities are listed in the Bid Form. See also Exhibits A and B for map locations.

General Planting Requirements The Town of Farragut is currently seeking pricing for the installation of trees for our local parks, greenways, rights of ways, and other public property. This packet includes a listing of each Town of Farragut facility where plantings are to be installed. When completing this packet, the total price should reflect:

1. Plant material and other necessary materials (soil, amendments, mulch, etc.)

2. Labor

3. Staking, as necessary

Requirements for plants and labor include the following:

• Planting Hole: All planting holes must be hand dug. Mechanical diggers such as augers may not be used unless approved by the Town or in order to initiate the planting hole. Planting hole shall be excavated and finished with sloped side 2 times the diameter of the container or rootball. Town staff will inspect to ensure no sod is within 24 inches of the tree.

Replacement trees will be marked. The Installer shall pull out the existing dead tree (including the root ball) and replace it with the new tree according to these specifications. The removed tree must be disposed of properly by the installer.

• Rootball Planting Depth: Before placing the rootball in the hole, the installer shall determine if the depth of the hole is the same as, or slightly less, than the distance between the topmost structural root (root flare) and the bottom of the rootball.

Installer must also be able to identify the difference between a root graft and the root flare. It can be expected that trees received from the nurseries may have a buried root flare up to four inches or more below the top of the rootball.

In no case, shall the root flare be lower than the adjacent grade. All excess soil must be removed from above the root flare.

The installer must make sure the root flare is visible at grade level. Tree installations with root flares planted too deep or buried will be rejected. Trees planted too high (root flares greater than 2 inches above existing grade) will also be rejected.

• Backfill: After putting roughly one-quarter (1/4) of the backfill soil in the hole, all burlap, twine, rope, and wire baskets shall be cut off and removed at least 8 to 10 inches below the topmost structural root. If roots are circling or girdling, they shall be cut and removed. The hole shall be backfilled with the same soil removed from the hole. Soil shall be tamped slightly to pack rootball firmly within the planting hole in order to prevent settling or shifting of the rootball. The remaining portion of the hole shall be filled with remaining excavated soil. No soil shall be placed above the topmost structural root or root flare. If excess soil dug from the planting hole is not necessary for the backfill of the rootball or creates an unnecessary mound of soil in a limited planting space, it shall be removed from the site by the installer. Soil around the rootball must be tamped at each lift in order to prevent root ball from shifting. Trees that shift or lean will be rejected and fixed by the installer.

• Staking: Trees shall not be staked unless necessary. However, there are certain trees that may be required to be staked as determined by the Town staff. Stakes must be 2” x 2” x 4’ or greater wooden stakes and placed at 120 degrees around the planting hole. Stakes must be installed at least 24 inches deep and installed outside of the planting hole where the soil was not disturbed. The Town recommends the use of Arbor Tie or similar tie strap designed for tree staking. There must be enough space left around the trunk of the tree to allow the tree to grow. Staking materials must be approved by the Town before installation. All trees leaning, shifted, or not properly tied will be rejected.

• Mulch: A light layer of mulch should be around the tree but shall not be in contact with the tree trunk. Mulch shall be free from fire ants.

• Containerized Trees: Containerized trees shall be removed from the container before installation. All sides of the root ball shall be shaved with a hand saw or electric saw (reciprocating saw) in order to cut circling roots. Cuts should be made approximately one to two inches (1" to 2") from the sides of the root ball. Shaving shall be done just prior to the trees being installed.

• Weather: Tree timing installation shall be coordinated with the Town. If weekend installations are proposed it must be approved by the Town. Trees shall not be planted if the ground is frozen.

• Site Clean-up: The installer shall be responsible for the clean-up of the site including the removal of excess soil not needed for the planting hole; debris such as bricks, rocks, and other items uncovered while digging the hole; and excess mulch misplaced or dumped during the installation of the tree. The installer is also responsible for removing any mud skid left on the road or sidewalk and filling any ruts caused during the installation of the tree. The Installer should avoid or minimize having to drive on any greenspace, sod, or inundated areas to prevent damage. The installer shall remove all

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 7 of 23 planting stakes used to mark planting locations and remove all tags, ribbons, and bags from around the trees unless specified by the Town. The installer is responsible for the disposal of all waste material, debris, soil, rocks, and other items left over from planting the tree.

• Tennessee One-Call and Pre-Installation Site Meeting: The installer is responsible for performing a Tennessee One-

Call prior to installation. An on-site review with the Town staff of the planting locations and to discuss any installation-related questions is also required at least two weeks prior to the installation.

All trees listed in the bid form are required to be planted by no later than Monday, January 11, 2027, unless an extension has been granted by the Town. The Town will inspect each tree and installation as part of the project.

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3. Special Conditions

Work shall begin upon receipt of a written Notice to Proceed from the Town. An on-site pre-installation meeting with Town staff is required at least two weeks prior to the start of installation, as described in the Scope of Work.

3.1 Safety

The Contractor shall at all times exercise proper precautions for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, arising from its prosecution of the work. Applicable safety provisions of state and local law and building and construction codes shall be observed to the extent not in conflict with applicable local law.

3.2 Authorized to Do Business in Tennessee

Bids shall be accepted only from contractors properly and currently licensed to do business in the State of Tennessee. A company incorporated in a state other than Tennessee must obtain a Certificate of Authority to conduct business in

Tennessee under T.C.A. §§ 48-25-101 and 48-11-309.

3.3 Business Tax and License

The successful contractor must not be delinquent on its business tax or license. A Business Tax and License Affidavit shall be submitted with the bid response, and a copy of the current business license shall be provided upon request by the

Town.

3.4 Insurance

Prior to contract execution, the successful vendor must provide the Town of Farragut an up-to-date Certificate of Liability

Insurance meeting the minimum limits and requirements in the Sample Service Agreement. Coverage must remain in place for the entire contract term, including any renewals. The certificate must be submitted to the Finance Department within seven (7) days of award for approval before a purchase order is issued.

3.5 Purchase Orders and Invoicing

A purchase order will be required for any services requested. Invoices shall contain the project name, details of work performed, labor hours by worker, percentage of work completed, materials furnished, service location, and purchase order number. Invoices shall be emailed or mailed to the requesting Town department and to Accounts Payable

(ap@townoffarragut.org).

3.6 Additions and Deletions of Work

The Town reserves the right to increase, decrease, or omit quantities and work items identified in this solicitation, before award or during contract performance, when determined to be in the Town's best interest. Such changes shall not invalidate the contract. Changes shall be authorized through a written Change Order executed by the Town before performance of the changed work, unless an emergency condition exists, in which case written authorization may follow.

3.7 Required Certifications

Each Bidder shall submit the completed Required Solicitation Certifications and Affidavits form with its bid, certifying to the items below. Items affirmed under oath are executed in the notary affidavit on that form.

• Non-Collusion Affidavit – certifying the bid is genuine and not collusive.

• Equal Employment Opportunity / Affirmative Action Policy Statement.

• Non-Boycott of Israel Certification (T.C.A. § 12-4-119) – applies to contracts of $250,000 or more with contractors of ten or more employees.

• Iran Divestment Act Certification (T.C.A. § 12-12-101 et seq.).

• Title VI Assurance – compliance with Title VI of the Civil Rights Act of 1964, as amended.

• Drug-Free Workplace Affidavit (T.C.A. § 50-9-113) – employers of five or more are required to certify; fewer than five are exempt and shall certify employee count.

• Statement of Compliance – Illegal Immigrants (T.C.A. § 12-4-124).

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• Certification Regarding Debarment, Suspension, and Other Responsibility Matters.

• Byrd Anti-Lobbying Amendment Certification (31 U.S.C. § 1352) – applies to contracts of $100,000 or more.

• Conflict of Interest Statement.

• Owner's Ethnicity and Gender of Contractors and Sub-Contractors data table.

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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.

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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:

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

i. Commercial General Liability

ii. Auto Liability

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 12 of 23

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

c. 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.

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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

(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

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 14 of 23 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.

a. The Vendor understands and acknowledges the applicability to it of:

b. the American with Disabilities Act,

c. the Immigration Reform and Control Act of 1986,

d. the Drug Free Workplace Act of 1988.

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

f. Copeland “Anti-Kickback” Act

g. Title VI of the Civil Rights Act of 1964

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 15 of 23

Bid Form

ITB No. 2027-06 – Fall/Winter 2026 Tree Planting

Bidder / Company Name: ___________________________________________________________________

No. Location Tree / Plant Type Size at Planting

Qty Unit Unit Price Extended Price

1 Outdoor Classroom White Fringetree (Chionanthus virginicus)

4-5 ft height 2 EA $________ $________

2 Anchor Park Willow Oak (Quercus phellos) 1 in caliper 2 EA $________ $________

3 Anchor Park Shumard Oak (Quercus shumardii)

1 in caliper 5 EA $________ $________

4 Anchor Park Nuttall Oak (Quercus texana)

1.5 in caliper

1 EA $________ $________

5 Anchor Park Red Maple (Acer rubrum 'Red Sunset')

1.5 in caliper

2 EA $________ $________

6 Anchor Park Shumard Oak (Quercus shumardii)

1 in caliper 3 EA $________ $________

7 Anchor Park Red Maple ('October Glory' or 'Red Sunset')

1 in caliper 2 EA $________ $________

8 Town Hall Nuttall Oak (Quercus texana) 1 in caliper 3 EA $________ $________

9 Town Hall White Fringetree (Chionanthus virginicus)

4-5 ft height 1 EA $________ $________

10 Town Hall Sweetbay Magnolia (Magnolia virginiana)

4-5 ft height 2 EA $________ $________

11 Founders Park Flowering Dogwood ('Appalachian Spring')

1.5 in caliper

1 EA $________ $________

12 Founders Park Redbud (Cercis canadensis)

1.5 in caliper

2 EA $________ $________

13 Founders Park Sweetbay Magnolia (Magnolia virginiana)

4-5 ft height 3 EA $________ $________

14 Founders Park Nuttall Oak (Quercus texana) 1 in caliper 1 EA $________ $________

MBLP (Harrison Road)

Red Maple ('Red Sunset' or 'October Glory')

1 in caliper 2 EA $________ $________

MBLP (Harrison Road)

Shumard Oak (Quercus shumardii)

1.5 in caliper

1 EA $________ $________

MBLP (Harrison Road)

Redbud (Cercis canadensis)

1.5 in caliper

1 EA $________ $________

MBLP (Harrison Road)

Willow Oak (Quercus phellos) 1 in caliper 3 EA $________ $________

MBLP (Harrison Road)

Shumard Oak (Quercus shumardii)

1 in caliper 3 EA $________ $________

MBLP (South Entrance)

Sweetbay Magnolia (Magnolia virginiana)

4-5 ft height 2 EA $________ $________

MBLP (South Entrance)

Hawthorn 'Winter King' 1 in caliper 2 EA $________ $________

MBLP (South Entrance)

Willow Oak (Quercus phellos) 1 in caliper 1 EA $________ $________

MBLP (South Entrance)

Willow Oak (Quercus phellos) 1 in caliper 3 EA $________ $________

MBLP (North Parking, West End near restroom)

White Oak (Quercus alba) 1 in caliper 2 EA $________ $________

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 16 of 23

No. Location Tree / Plant Type Size at Planting

Qty Unit Unit Price Extended Price

McFee Park (South Entrance)

Redbud (Cercis canadensis)

1.5 in caliper

1 EA $________ $________

McFee Park (South Entrance)

Shumard Oak (Quercus shumardii)

1 in caliper 2 EA $________ $________

McFee Park (South Entrance)

White Fringetree (Chionanthus virginicus)

4-5 ft height 3 EA $________ $________

McFee Park (South Entrance)

Sugar Maple (Acer saccharum)

1.5 in caliper

1 EA $________ $________

McFee Park (South Entrance)

Redbud (Cercis canadensis)

1.5 in caliper

1 EA $________ $________

McFee Park (North Entrance)

Red Maple ('October Glory' or 'Red Sunset')

1.5 in caliper

1 EA $________ $________

McFee Park (North Entrance)

Redbud (Cercis canadensis)

1.5 in caliper

1 EA $________ $________

McFee Park (North Entrance)

Shumard Oak (Quercus shumardii)

1 in caliper 3 EA $________ $________

33 McFee Road Shumard Oak (Quercus shumardii)

1 in caliper 3 EA $________ $________

34 Concord Road Shumard Oak (Quercus shumardii)

1 in caliper 3 EA $________ $________

TOTAL BID $___________

TOTAL BID IN WORDS: _______________________________________________________________________

The vendor shall pay all applicable federal, state, and local taxes required to perform this contract, including but not limited to sales, use, excise, and gross receipts taxes. The Town's tax-exempt status does not extend to the vendor's purchases of materials, equipment, or subcontracted services used to complete the work under this bid. The vendor shall include all tax costs in the total bid price. The Town will not reimburse the vendor for taxes as a separate line item.

In submitting this bid, the bidder recognizes that the Town of Farragut reserves the right to accept the total bid or any part of it, to negotiate with any bidder, to waive any formalities in the bidding, or to reject any or all bids. For evaluation purposes, bids will be ranked using the total bid 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 paid for directly.

References

References listed below should be for completed projects of similar size and scope (Company, Contact Name, Phone

Number, Email Address):

1. ___________________________________________________________________________________

2. ___________________________________________________________________________________

3. ___________________________________________________________________________________

Bidder Information

Name of Bidder: _______________________________________________________________________

Telephone: _____________________________________ Email Address: _________________________

Signature: ____________________________________________________________________________

Title: __________________________________________________________ Date: ________________

Town of Farragut – ITB No. 2027-06 – Fall/Winter 2026 Tree Planting Page 17 of 23

Required Solicitation Certifications and Affidavits Required submission form for bids and proposals

Bidder/Offeror Company Name: _____________________________________________________________

Solicitation Number/Title: ITB No. 2027-06 – Fall/Winter 2026 Tree Planting

By submitting a response to this solicitation, the Bidder/Offeror represents that it has examined the Contract Documents, is in receipt of all issued addenda checked below, and certifies to each item on this form by checking the corresponding box. Items marked (sworn) are affirmed under oath in the notary affidavit at the end of this form.

Addenda Acknowledgement

Check AND date addendum received and applicable:

☐ No. 1 Date: ___________ ☐ No. 6 Date: ___________

☐ No. 2 Date: ___________ ☐ No. 7 Date: ___________

☐ No. 3 Date: ___________ ☐ No. 8 Date: ___________

☐ No. 4 Date: ___________ ☐ No. 9 Date: ___________

☐ No. 5 Date: ___________ ☐ No. 10 Date: ___________

The Offeror acknowledges that failure to acknowledge receipt of all issued addenda is grounds for rejection of the offer.

Certification List

Read and check ALL certifications and affidavits.

☐ Non-Collusion Affidavit (sworn). The submitted bid is genuine and not a collusive or sham bid; neither the firm nor any of its officers, employees, or agents has colluded, conspired, or agreed with any other firm or person to submit a collusive bid or to restrict competition.

☐ Equal Employment Opportunity / Affirmative Action Policy Statement. The Company maintains an EEO/AA policy and will not discriminate in employment on the basis of race, color, religion, national origin, age, sex, disability, or veteran status.

☐ Non-Boycott of Israel Certification (T.C.A. § 12-4-119). The Company is not currently engaged in, and will not during the contract term engage in, a boycott of Israel. Applies to contracts of $250,000 or more with contractors of ten or more employees.

☐ Iran Divestment Act Certification (T.C.A. § 12-12-101 et seq.). The Company and its principals are not identified on the State of Tennessee's list of persons engaged in investment activities in Iran.

☐ Title VI Assurance. The Company will comply with Title VI of the Civil Rights Act of 1964, as amended, and will not discriminate on the basis of race, color, or national origin in any program or activity receiving federal or state financial assistance.

☐ Drug-Free Workplace Affidavit (sworn) (T.C.A. § 50-9-113). The Company maintains a drug-free workplace program at least as stringent as the Town's program. Employers with fewer than five employees are exempt; enter employee count below. Number of Employees (if fewer than 5, exempt from affidavit): _______________________

☐ Statement of Compliance – Illegal Immigrants (sworn) (T.C.A. § 12-4-124). The Company has fully complied with

Tennessee's prohibition on knowingly employing, recruiting, or referring an illegal immigrant to perform work in

Tennessee.

☐ Certification…