_ITB-39-2026_Windscreens_for_Tennis_FINAL_MAW_4.14.26.pdf

City of Murfreesboro

INVITATION TO BID

This Invitation to Bid (“ITB”) is subject to the instructions, conditions, specifications, addenda, and any other elements of this ITB, including those incorporated by reference.

DATE ISSUED: April 21, 2026

BID TITLE: ITB-39-2026 – Windscreens for Adams Tennis Complex 16 Courts

CITY CONTACT PERSON: Cathy Smith, Purchasing Director

TELEPHONE NUMBER: (615) 849-2629

E-MAIL ADDRESS: purchasing@murfreesborotn.gov

All bid responses must be received and acknowledged in the Purchasing Department’s Office on or before the day and time listed below. All bids must be submitted electronically via OpenGov.

The Bid must include the bid title, bid opening date, and the bidder’s name. Failure to provide this information may result in the bid not being considered. Do not submit bids by fax. Bids submitted by fax cannot be accepted or considered for award.

BID OPENING DATE: May 13, 2026

BID OPENING TIME: 2:00 p.m., local time (CST)

1. INSTRUCTIONS AND CONDITIONS

1.1. Bid Submission to the City of Murfreesboro.

The City is seeking bids for “ITB-29-2026 – Windscreens for Adams Tennis Complex 16 Courts” on behalf of the Murfreesboro Parks and Recreation Department as set forth in the specifications listed within this ITB. Electronic bids will be received by the City of Murfreesboro until 2:00 p.m.

local time on May 13, 2026, at which time the bids will be opened via Zoom. A Zoom link will be provided to all those proposers on file as following this ITB.

1.2. Deadline and Late Responses.

No bids received after the bid opening date and time will be accepted. Bids received by the Purchasing Department after the specified time will be considered late. The City shall not be responsible for bids that are mailed or sent via private delivery services. The City will not accept bids submitted by fax. The City will accept bids submitted electronically via our procurement portal, OpenGov.

1.3. Organization of Bid and Completeness.

Please submit one electronic copy of the bid to the Purchasing Department via the City’s e-procurement portal, OpenGov. Bidders must allow sufficient time to ensure receipt of the bid. It shall be the sole responsibility of the bidder to have completed the electronic bid form and uploaded the required documents to the City before the deadline. Partial or incomplete bids will be rejected. All bid responses should be typewritten. If not typewritten, they must be written in ink and clearly legible, and numbers must be expressed in both words and figures. Erasures, whiteouts, and other modifications should be initialed. Bidders are cautioned to verify their bid response prior to submission.

1.4. Signature.

All bids must be signed by a duly authorized officer of the company empowered with the legal right to bind the company. A typed name will not be acceptable without the person’s written signature as well. Signatures are required where indicated; failure to comply with this requirement shall be cause for rejection of the bid. All submitted bids must be binding for a period of ninety (90) calendar days from the bid submission deadline. The Signature Sheet must be uploaded to OpenGov with the bid submission.

1.5. Response to Terms and Conditions.

Unless an exception is taken, the awarded contract will contain the requirements of this Invitation to Bid. In its sole discretion, the City reserves the right to either consider or reject any bid that takes exception to the specifications or attached contract.

1.6. Completeness of Invitation to Bid.

These documents, and those listed on OpenGov, constitute the complete set of specification requirements and ITB. The bidder is responsible for ensuring that all pages and all addenda are received. The City advises all bidders to closely examine this ITB package and immediately direct any questions regarding the completeness of this ITB package and any addenda to the City’s Contact Person via the Question/Answer tab on OpenGov. Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the following website:

https://procurement.opengov.com/portal/murfreesborotn

1.7. Bid Interpretation. Communication with the Purchasing Department.

Cathy Smith is the City’s contact for coordinating communications between the department and firms/vendors submitting bids. If additional information is required in order to make an interpretation of items in this ITB, written questions will be accepted until five (5) business days prior (May 6, 2026) to the bid opening date by 2:00 p.m. All questions should be submitted through the Question/Answer tab in OpenGov. All questions and all responses will be visible to every bidder.

The City specifically requests that no contact concerning this ITB be made with any other City personnel until the selection process has been completed. Failure to honor this requirement will be viewed negatively in the award process and may result in the disqualification of a bid.

1.8. Discrepancies, Errors, and Omissions.

Any discrepancies, errors, omissions, or ambiguities in this ITB, the specifications, or addenda (if any) should be reported to the contact person for the City. If necessary, a written addendum will be issued to firms/vendors on record, and the addendum will be incorporated in the ITB and will become part of the contract. The City will NOT be responsible for any oral instructions, clarifications, or other communications, and no such oral communication may be relied on by any bidder.

The City of Murfreesboro is not responsible for technical errors or omissions made by prospective bidders during the bid submission process that may result in a bid not being submitted, being submitted incompletely, or being submitted incorrectly. In the case of technical issues that are verified to be a City error, the Purchasing Department will take reasonable steps to resolve the issue so that the process remains fair to all bidders.

1.9. Errors.

Certain mistakes may be corrected so long as the intended correct bid response is clearly evident.

In the event of a disagreement between the unit price and the extended price, the unit price will control.

1.10. Further Negotiation.

The City reserves the right to further negotiate contract terms after the ITBs are opened, with any potential firm/vendor if such is deemed necessary at the discretion of the City.

1.11. Economy of Preparation.

The Bid should be prepared simply and economically, providing a straightforward, concise description of the bidder’s capabilities to satisfy the requirements of the ITB. Emphasis should be on completeness and clarity of content.

1.12. Subcontracting.

If any part of the work is, or is to be, subcontracted, the bidder shall provide within the Bid a description of the subcontracting organization and the contractual arrangements made therewith.

All subcontractors will be subject to approval by the City. The successful bidder will also furnish the corporate or company name and the names of the officers or principals of said companies proposed as subcontractors by the bidder.

1.13. Bid Registration and Modification.

Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the website: https://procurement.opengov.com/portal/murfreesborotn. Bids may be modified, withdrawn, and/or resubmitted in writing to the City prior to the deadline for bid submission via the e-procurement portal. After this deadline, no withdrawals or resubmissions may be made for any reason.

1.14. Tax Exempt.

The City is exempt from federal and state taxes. Upon request, the City will provide a sales tax exemption certificate to the awarded firm. Contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations to the City, nor shall any vendor be authorized to use the City’s Tax Exemption Number in securing such materials.

1.15. Contract Term.

If an award is made, any contract resulting from this ITB will be effective on the date the contract is signed. The contract shall not be effective until approved by the City Council and signed by all required parties. The contract period shall be for a term of ninety (90) calendar days from the date of Notice to Proceed. All bid prices shall be effective until the end of the contract term. The City may terminate the contract in whole or in part if it is dissatisfied with the bidder’s product, service, or delivery, or if the bidder, without clear documentation of an increase in the cost or materials or labor costs, imposes an increase in the price of any item which the City is unwilling to accept.

1.16. Pricing Effective for six (6) months.

The successful bidder shall provide in the bid price the cost for the goods and services rendered.

Pricing shall be effective for six (6) months from the date of bid award. If, in the bidder’s opinion, additional equipment, goods, or services are necessary, this shall be included with an explanation in the bid. It is requested that bidders raise any such questions in advance of submitting a bid to the City. To submit a bid implies consent to the terms set forth in this ITB.

1.17. Approval Required.

No award or acquisition can be made until approved by the City Council. The City will not be obligated to bidders for equipment and/or services until the completion of a signed contract approved by authorized officials of the City. This solicitation in no manner obligates the City to the eventual rental, lease, or purchase of any equipment, goods, or services described, implied, or which may be proposed, until confirmed by a written contract. Progress towards this end is solely at the discretion of the City and may be terminated at any time prior to the signing of a contract.

1.18. Terms and Conditions.

The City reserves the right to reject any and all bids, to waive any irregularities in a bid, to make awards to more than one bidder, to accept any part or all of a bid, or to accept the bid (or bids) which, in the judgment of the governing body, is in the best interest of the City. The City also reserves the right to make revisions to any quantity shown on the bid form, dependent upon bid prices and available funding. Prices bid on each item shall be firm regardless of the actual quantity of item(s) purchased. The City reserves the right to increase or decrease amounts and/or quantities at its discretion. Quantities have been provided as an approximation and may be estimates of potential purchases and are not necessarily guaranteed initial purchase quantities.

1.19. Withdrawal of Bid.

No bidder may withdraw its bid for a period of ninety (90) calendar days after the date and time set for the opening of the responses. In the event the City awards a contract to a bidder and during such ninety (90) day period determines that such bidder will be unable to properly perform under the contract, the City reserves the right to terminate the contract and award the contract to the next best offer without being required to re-advertise the project.

1.20. Cost of Response.

The City will not be liable for any costs incurred by the bidders in preparing a response to this solicitation. Bidders will submit responses at their own risk and expense. The City makes no guarantee that any equipment or services will be purchased as a result of the solicitation and reserves the right to reject any and all responses. All responses and their accompanying documentation will become the record of the City.

1.21. Contract.

The successful bidder’s response to this ITB shall be included as an addendum to the contract.

Should any conflict or discrepancy arise between the ITB and the contract, the contract shall control. All bidders who are awarded contracts pursuant to this ITB agree to be bound by the terms and conditions set forth in the sample City Contract provided at the end of this ITB. If the bidder objects to any contract terms or proposes any additional terms, such objections and terms must be set forth in the bid. Rejection of any proposed City Contract terms may be a basis for rejection of the bid.

1.22. Contract Termination.

The City reserves the right to cancel the contract for the equipment without cost or penalty to the City if, in the City’s opinion, there is a failure at any time by the contractor to adequately perform the contract, or if there is any attempt to willfully impose upon the City a material or product or workmanship which is, in the opinion of the City, of an unacceptable quality. Cancellation of the contract shall not impair any rights or claim of the City to damages for the breach of any covenants of the contract by the contractor. The contract awarded may be terminated upon any of, but not limited to, the following occurrences:

a) bankruptcy or insolvency of the bidder or one or more of the bidder’s principal owners;

b) unauthorized substitution of products other than those identified in the specifications or specifically approved by the City as a substitute prior to award of the contract;

c) unsatisfactory performance of products supplied by the bidder or services provided by the bidder;

d) fraud; and

e) any other breach of the terms of the ITB specifications or contract.

1.23. Contract Modification.

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

1.24. Replacement or Repair.

No waiver of any provision of the contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default.

The City, at its option and in lieu of immediate termination, may request the awarded bidder replace or repair any defective goods or correct performance by written notice to the contractor.

In that event, the contractor shall take corrective action within the amount of time specified by the City in the written notice. Exercise of this option shall not relieve the contractor of any liability to the City for damages for the breach of any covenants of the contract by the contractor. Contractor shall provide standard manufacturer’s warranties.

1.25. Expense of Legal Action.

Awarded bidder agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the contract, and in the event the City prevails, awarded bidder shall pay all expenses of such action, including the City’s attorney fees and costs at all stages of the legal action.

1.26. Governing Laws.

The validity, construction, and effect of the contract, and any and all extensions and/or modifications thereof, shall be governed by the laws of the State of Tennessee.

1.27. Severability.

Should any provision of the contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of the contract. Any action between the parties arising from this agreement shall be maintained in the courts of Rutherford County, Tennessee.

1.28. Indemnification and Hold Harmless.

Contractor must indemnify, defend, and hold harmless the City, its officers, agents, and employees from any claims, penalties, damages, costs, and attorney fees (“Expenses”) arising from injuries or damages resulting from, in whole or in part, the negligent or intentional acts or omissions of contractor, its officers, employees, and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees, and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

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

1.29. Statutory Disqualification.

By submitting a response, it is represented that neither the Bidder/Contractor nor any of its officers, directors, shareholders, member, or partners has been convicted or plead guilty or nolo contender to any violation of the Sherman Anti-Trust Act, mail fraud, or other state or federal criminal violation in connection with a contract let by the City of Murfreesboro or any political subdivision of the State of Tennessee.

1.30. Contractor’s Employment Practices.

Bidder, after being first duly sworn, affirms that by its employment policy, standards, and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal, or laying off of any individual due to the individual’s race, creed, color, national origin, age, or sex and it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

1.31. City’s Employment Practices.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Bidder certifies and warrants that Bidder will comply with this policy.

1.32. Non-Discrimination.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, veteran status, disability, or other status or class protected under federal or state law in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this Agreement, Contractor certifies and warrants that it will comply with this policy. No person may be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City’s contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or Tennessee State Constitutional or statutory law; nor may they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of the City’s Contractors.

Accordingly, all proposers entering into contracts with the City may, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination.

1.33. Conflict of Interest.

By submitting a response, it is represented that no officer, committee member, or director of the City or other persons whose duty is to vote for, let out, overlook, or in any manner supervise any work on any contract for the City has a “direct interest”, as defined by T.C.A. § 12-4-101, in the bidder or in the work which is subject to this ITB.

1.34. Ethical Standards.

Bidder understands that it shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or bid therefore.

1.35. Breach of Ethical Standards.

A breach of ethical standards could result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor under City contracts.

1.36. Payments.

Payments under the contract shall be made by the City after goods and services have been satisfactorily provided and accepted and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. If the parties agree within the contract to submit invoices and payments in installments, then each installment payment will be made upon the submittal of an invoice after the performance of the portion of the services for which each payment represents. The final payment shall not be made until after the performance is complete.

1.37. Codes & Regulation, Delivery.

All services and/or equipment must comply with City, county, state, and federal laws, rules, codes, and regulations. The bidder/contractor will obtain and pay for all permits, if any, necessary to complete the work. Bid prices shall include delivery of all items F.O.B. destination. The term “F.O.B. destination” shall mean delivered and unloaded in-house or on-site service, with all charges for transportation and unloading prepaid by the bidder/contractor.

1.38. Iran Divestment Act of Tennessee.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, to the best of its knowledge and belief that each bidder is not on the list created pursuant to T.C.A. § 12-12-106. Bids not conforming to this provision shall not be opened. Failure of any bidder to comply therewith shall void the bid, and such bid shall not be considered. This completed form must be uploaded to OpenGov with the bid submittal.

1.39. Non-Boycott of Israel.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, to the best of its knowledge and belief that each supplier is not boycotting Israel pursuant to T.C.A. § 12-4-119 and will not boycott Israel during the term of the contract. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.

1.40. Contractor’s License.

Pursuant to Tennessee Code Annotated Title 62, Chapter 6, Part 1, if a bid is $25,000 or above, bidder must be a licensed contractor as required by the Contractor’s Licensing Act of 1976, Public Chapter No. 822 of the General Assembly of the State of Tennessee, as amended. In accordance with T.C.A. § 62-6-119, Bidder shall provide the following information within the electronic bid document:

1) The bidder’s name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract;

2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract (if applicable) where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000);

3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000);

4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L), and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000);

5) Prime contractor bidders who are to perform the masonry portion of the construction project, which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation, or air conditioning, or the geothermal heating and cooling must be so designated; and

6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document.

Bids not conforming with this provision shall not be opened. Failure of any bidder to comply therewith shall void such bid, and such bid shall not be considered.

1.41. Bid Bond, Payment Bond, and Performance Bond.

For any construction project for which the bid amount is over $100,000, the successful bidder must furnish a Bid Bond. A copy of the Bid Bond must be uploaded with the Bid submittal, and the original must be delivered to the Purchasing Department prior to the award being made.

Additionally, a Performance Bond and a Payment Bond, each in the amount of 100% of the bidder’s entire obligation under this Agreement, as security for faithful performance and payment will be required for any construction project over $100,000.

1.42. Evaluation of Bid.

Any contract awarded pursuant to this ITB shall be awarded to the lowest responsive and responsible bidder whose bid response meets the requirements and criteria set forth in this ITB. A “responsive bidder” means a person who has submitted a bid response, which conforms in all material respects to the ITB. A “responsible bidder” means a person who has the capacity, reputation, and experience in all respects to perform fully the contract requirements and the integrity and reliability, which will assure good faith performance within the time specified without delay or interference. The City may make such investigations as deemed necessary to determine the ability of the bidder to provide the products and services required by the bid package. Any items proposed deemed not of equal and/or better and of comparable quality as that specified shall be cause for rejection of a bid. The City will evaluate the bid based on the lowest cost, which fully conforms to specifications, and whether the proposed costs and terms are, in the City’s judgment, consistent with current market pricing, appropriate for the services provided, and commensurate with the level of quality expected. In addition to the price, the following aspects will be considered in the award of a contract:

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

b) Whether the bidder can perform the contract and provide the material or service promptly or within the time specified without delay or interference;

c) The character, integrity, reputation, experience, and efficiency of the bidder;

d) The previous and existing compliance by the bidder with laws and ordinances relating to the contract and/or service;

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

f) Terms and conditions stated in the bid;

g) Compliance with specifications and/or the ITB;

h) Utilization of the format set forth in this ITB for submittal of a bid; and

i) If applicable, Bidder’s past performance with the City.

The City will evaluate proposals for compliance and completeness.

2. SPECIFICATIONS

2.1. Description of Project:

The purpose of this Invitation to Bid (ITB) is to obtain a licensed contractor to remove and dispose of the existing windscreens and install new windscreens for 16 tennis courts at the Adams Tennis

Complex.

By submitting a bid, the bidder represents that the bidder is familiar with the project requirements and has the ability to properly and safely provide the goods and services required for the replacement of the windscreens for sixteen (16) tennis courts at Adams Tennis Complex.

Bidder further represents that the bidder has qualified personnel to provide the goods and services by the date agreed upon. The bidder is responsible for providing any equipment and supplies necessary to provide the goods and services.

2.2. Requirements. Contractor is to provide all labor, materials, equipment, and supervision required to remove and return to the Parks and Recreation Department all existing windscreen materials, and furnish and install a complete windscreen system on all designated fencing.

a) Field verification Verify all field measurements. Submission of the bid confirms the bidder completed a site visit and acceptance of all site conditions. No change orders will be allowed for measurement discrepancies.

b) Material Requirements Vinyl-Coated Polyester (minimum 9 oz), 70-80% shade factor, black, UV stabilized (minimum 1000 hours), mildew resistant, reinforced hems, UV stitching, brass/stainless grommets (12-18 inches on center), mid-panel reinforcement.

c) Panel Size and Coverage Panels shall extend from tension bar to tension bar horizontally and top rail to bottom rail vertically. No gaps permitted. Panels must be custom fabricated for each fence bay.

d) Installation Method Continuous rope-laced installation required. Rope shall be UV-resistant, minimum 3/16 inch. Zip ties, clips, or mixed fastening methods are not permitted.

e) Attachment Requirements

Attach to top rail, bottom rail, all vertical posts, midline, and tension bars. Rope attachment to tension bars is mandatory. All grommets must be utilized.

f) Performance Standard

Installation shall be tight, uniform, and free of wrinkles or sagging. No flapping or movement permitted.

g) Warranty Minimum 3‑year material warranty and 1-year installation/workmanship warranty.

h) Required Bid Submittals-MUST SUBMIT WITH BID RESPONSE

• Material specifications/product data sheets

• Installation Method

• References from similar projects (can use City reference sheet)

• Warranty documentation

2.3. Protection of Persons and Property:

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to (1) all employees on the worksite and other persons who may be affected thereby, (2) all the work and all the materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. All damage or loss to any property caused in whole or in part by the contractor, or anyone directly or indirectly employed by the contractor, or by anyone for whose acts the contractor may be liable, shall be remedied by the Contractor.

2.4. Contractor’s Liability Insurance.

Contractor shall submit with its bid a Certificate of Insurance and Endorsement as evidence of insurance. Contractor shall provide:

1) Commercial General Liability Insurance Coverage of not less than one million dollars ($1,000,000). The general liability insurance requirement may be accomplished with a combination of a general liability policy and an excess/umbrella liability policy.

2) Auto Liability Insurance Coverage of not less than five million dollars ($5,000,000). The auto liability insurance requirement may be accomplished with a combination of an auto liability policy and an excess/umbrella liability policy.

3) Workers Compensation Insurance Coverage of not less than one million dollars ($1,000,000).

4) The commercial general liability and auto liability insurance policies shall be written or endorsed to name as additional insureds “the City of Murfreesboro and its elected officials, officers, employees, representatives, and agents” (“Additional Insureds”) in connection with all work and activities related to the goods and services. These policies shall also waive all rights of subrogation against the Additional Insureds.

2.5. Liability.

The Contractor is responsible for the instruction, supervision, and implementation of all safety rules and regulations. Contractor is also responsible for following all City ordinances. The City of Murfreesboro is not responsible for any damages, injuries, or loss of life connected with this project.

2.6. Licenses in Tennessee.

The successful bidder shall be a licensed Contractor, licensed to do business in the State of Tennessee.

2.7. Equipment, Tools, and Apparatus.

All equipment, tools, apparatus, and any other supplies needed to perform the services must be supplied by the Contractor. The City of Murfreesboro will not supply any equipment to the Contractor to complete the work. The Contractor is responsible for the working conditions and safety of all equipment, tools, apparatus, and other required supplies.

2.8. Work timeline.

Work may begin as soon as the contract is executed and a Notice to Proceed is issued.

PURCHASING DEPARTMENT

BID FORM

NAME OF BID: ITB-39-2026

Windscreens for the Adams Tennis Complex 16 Courts

Name of Bidder:

Date:

INSTRUCTIONS:

All prices must include all costs. Costs included in the bid prices shall include services rendered and parts, labor, accessories, freight, and any other standard equipment necessary to provide this service. The City is not subject to sales tax. PROVIDE WITH YOUR BID RESPONSE THE NAMES OF ANY SUBCONTRACTORS THAT WILL BE USED TO PERFORM SERVICES FOR THIS BID.

ITEM NO.

DESCRIPTION

TOTAL PRICE

Demolition/removal and disposal of existing windscreens, and installation of new windscreens in accordance with Bid Specifications per Section 2 of this ITB

Agreement for

Windscreens for Adams Tennis Complex

This Agreement is entered into and effective as of ________________ (the “Effective Date”) by and between the City of Murfreesboro, a municipal corporation of the State of Tennessee (the "City"), and __________________________, a _______________ of the State of ________(“Contractor”).

This Agreement consists of the following documents:

• ITB-39-2026, Windscreens for Adams Tennis Complex 16 Courts issued April 21, 2026 (the “Solicitation”);

• Contractor’s Proposal, dated _______________________ (“Contractor’s Proposal”);

• Contractor’s Price Proposal, ______________________ (the “Price Proposal”); and

• Any properly executed amendments to this Agreement.

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

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

• Second, this Agreement;

• Third, the Solicitation; and

• Lastly, Contractor’s Proposal.

1. Duties and Responsibilities of Contractor.

a. Scope of Work. Contractor is engaged by the City to provide the equipment, machinery, materials, and other items (“Goods”) and labor (“Services”) to perform the removal and legal disposal of all existing windscreens and installation of new windscreens for 16 tennis courts at Adams Tennis Complex, 925 Golf Lane, Murfreesboro, TN in accordance with the Contractor’s Proposal dated _________ and the City ITB dated _______, 2026 and Price Proposal.

b. Supervision and Superintendence of Work.

1. Contractor will supervise and direct the work efficiently and with Contractor’s best skill and attention. Contractor will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor will be responsible to see that the finished work complies accurately with the Contract documents.

2. Contractor will keep on the work site at all times during work progress a competent resident superintendent. The superintendent will be Contractor’s representative at the site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to Contractor.

c. Labor, Materials, and Equipment.

1. Contractor will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, and all other incidentals necessary for the execution, testing, initial operation, and completion of the work.

2. Contractor will perform the Services using personnel with the requisite skill, experience, and qualifications to complete the tasks set forth in the Scope of Work efficiently and in a professional and skillful manner in accordance with generally accepted industry standards for similar services. The Contractor will at all times maintain good discipline and order at the site.

3. The Goods identified in the Scope of Work will be new, except as otherwise provided it the Contract documents. If required by the City, Contractor will furnish satisfactory evidence as to the kind and quality of materials and equipment.

4. The Goods identified in the Scope of Work shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract documents.

5. All debris both from the demolition of the old screens and installation of the new screens shall be the responsibility of the Contractor to remove and dispose of properly and legally.

d. Warranty and Guarantee.

1. Contractor warrants that the Goods purchased by the City from Contractor pursuant to this Agreement will conform to the specifications set forth in the Scope of Work; that title to the Goods will pass to the City free of and clear of all liens, claims, security interests, or other encumbrances no later than the time of the City’s payment for the Goods; and that the Goods do not infringe or misappropriate any third party’s patent or other intellectual property rights.

2. With respect to any Goods manufactured by Contractor and sold to the City pursuant to this Agreement, Contractor warrants that such items will be free from any defects in workmanship, material, and design for a minimum of thirty-six (36) months from the date the of installation or the longest warranty period offered by Contractor to its customer for such items, whichever is longer. In addition, Contractor hereby assigns to the City the Contractor’s right, title, benefit, and interest in and to any manufacturer warranty associated with any Goods purchased by the City from Contractor pursuant this Agreement, including the Contractor’s right to receive the benefits of and to make claim under any such manufacturer warranty.

3. The Contractor warrants that the Services will be performed in accordance with generally accepted industry standards and warrants the installation of the Goods against defects in workmanship for twelve (12) months from the date of installation or the longest warranty period offered by Contractor to its customer for such work, whichever is longer.

4. The Contractor agrees that all warranties in the Contract documents shall survive acceptance of, delivery of, and payment for, the goods, whether any defects shall be latent or patent, and agrees to indemnify and hold the City harmless from any loss, damage, or other expense, including attorneys’ fees, that the City may suffer as a result of the failure of the Goods or workmanship to be as warranted.

5. The warranties set forth in this section are cumulative and shall not exclude or affect the operation of any other warranty or guaranty provided by law or any greater warranty included in Contractor’s Proposal.

6. The Contractor agrees to correct any defect in the Goods or workmanship that may develop during the period of such warranties at no cost to the City and to the satisfaction of the City.

Upon receipt of notice from City of noncompliance with any warranty set forth in this section or any other warranty provided by law or equity, Contractor shall, at its own cost and expense, within fifteen (15) days: (i) replace or repair the defective or nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or nonconforming goods to the Contractor and the delivery of repaired or replacement Goods to the City; and/or (ii) correct or re-perform the applicable installation work.

e. Subcontractors.

1. Contractor will not employ any subcontractor to perform any of the work required under the Contract documents without first obtaining the written approval of the City’s designated representative to employ the subcontractor.

2. Contractor will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract documents shall create any contractual relationships between any subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any moneys due any subcontractor, except as may otherwise be required by law. The City may furnish to any subcontractor, to the extent practicable, evidence of amounts paid to Contractor on account of specific work done in accordance with the schedule of values.

3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract documents for the benefit of the City.

4. All work performed for Contractor by a subcontractor shall be pursuant to an appropriate written agreement between Contractor and the subcontractor.

f. Permits. Contractor will secure and pay for all construction permits and licenses and will pay all governmental charges and inspection fees necessary for the prosecution of the work, which are applicable at the time of Contractor’s bid. Contractor will also pay all public utility charges.

g. Use of Premises.

1. Contractor will confine Contractor’s equipment, the storage of materials and equipment and the operations of Contractor’s workers to areas permitted by law, ordinances, permits, or the requirements of the Contract documents, and shall not unreasonably encumber the premises with materials or equipment.

2. Contractor will not load nor permit any part of the structure to be loaded with weights that will endanger the structure, nor will Contractor subject any part of the work to stresses or pressures that will endanger it.

h. Safety and Protection.

1. Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to:

a. All employees on the work and other persons who may be affected thereby,

b. All the work and all materials or equipment to be incorporated there, whether in storage on or off the site, and

c. Other property at the site or adjacent property, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

Contractor will comply with all applicable laws, ordinances, rules, regulations and order of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. Contractor will notify the City of adjacent utilities when prosecution of the work may affect them. All damage, injury, or loss to any property referred to in subparagraph (2) or (3) of this section caused directly or indirectly, in whole or in part, by Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by Contractor; except damage or loss attributable to the fault of drawings or specifications or to the acts or omissions of the City or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor.

2. Contractor will designate a responsible member of Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor’s superintendent unless otherwise designated in writing by Contractor to the City.

i. Emergencies. In emergencies affecting the safety of persons or the work or property at the site or adjacent property, Contractor, without special instruction or authorization from the City, is obligated to act, at Contractor’s discretion, to prevent threatened damage, injury or loss.

j. Cleaning Up. Contractor will keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the work, and at the completion of the work Contractor will remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and will leave the site clean and ready for occupancy by the City. Contractor will restore to their original condition those portions of the site not designated for alteration by the Contract documents.

k. Access to the Work. Representatives of the City will at all times have access to the work.

Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing by others.

l. Contractor’s Continuing Obligation. Contractor’s obligation to perform the work and complete the Project in accordance with the Contract documents shall be absolute. Neither any payment by the City to Contractor under the Contract documents, nor any use or occupancy of the Project or any part by the City, nor any act of acceptance by the City nor any failure to do so, nor any correction of defective work by the City shall constitute acceptance of work not in accordance with the Contract documents.

2. Term. The term of this Agreement shall be 90 (ninety) days from the Notice to Proceed.

Contractor's services may be terminated in whole or in part:

a. Upon 30-day prior notice, for the convenience of the City.

b. For the convenience of Contractor, provided that Contractor notifies the City in writing of its intent to terminate under this paragraph at least 30 days prior to the effective date of the termination.

c. For cause, by either party where the other party fails in any material way to perform its obligations under this Agreement. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to remedy the problem within 15 days after receiving the notice.

d. Should Contractor fail to fulfill in a timely and proper manner its obligations under this Agreement or if it should violate any of the terms of this Agreement, the City has the right to immediately terminate the Agreement. Such termination does not relieve Contractor of any liability to the City for damages sustained by virtue of any breach by Contractor.

e. Should the appropriation for Contractor’s work be withdrawn or modified, the City has the right to terminate the Agreement immediately upon written notice to Contractor.

3. Price; Compensation; Method of Payment. Contractor will be compensated upon the delivery and acceptance of the goods and services specified in Contractor’s bid submitted in response to ITB-39-2026, which reflects a total price of _________________. Any compensation due Contractor under the Agreement shall be made upon submittal of an invoice after performance of the portion of the services which each payment represents. The City agrees to pay Contractor after goods and/or services have been received, accepted, and properly invoiced as indicated in the Agreement and/or purchase order. The final payment shall be made only after Contractor has completely performed its duties under this Contract and the work has been accepted by the City and all work has been approved by an inspector from Facilities Maintenance, if applicable.

Invoices must bear the purchase order number. Final payment shall not be made until after performance is complete. All invoices should be sent to: accountspayable@murfreesborotn.gov.

4. Insurance. Contractor must maintain commercial general liability insurance for bodily injury and property damage, automobile liability insurance, and workers’ compensation insurance as required by the State of Tennessee and as specified in Exhibit A hereto. Contractor must name mailto:accountspayable@murfreesborotn.gov the City and the City of Murfreesboro as an additional insured Contractor must notify the City within five days if the insurance policy is renewed, cancelled, or altered in any manner and provide written documentation of such alteration.

5. Payment and Performance Bonds. For projects over $100,000, Contractor must furnish a Performance Bond and a Payment Bond each in the amounts of 100% of the Contract Sum covering the faithful performance and completion of the Agreement and the payment of all obligations arising there under. Bonds shall be issued on a form acceptable to the City by a surety licensed in the State of Tennessee. The Contractor must provide evidence of Bonds prior to the beginning of work. If the Performance and Payment Bonds are not furnished within 30 days of Notice of Award, the Contractor Bid Bond may be forfeited, and the Contract may be awarded to an alternate contractor. The City will require the Contractor to increase the Performance and Payment Bonds to accommodate Change Orders that individually or cumulatively exceed 10% of the original Contract Sum.