ITB_No_2026-11_Concord_Rd_at_Loop_Rd_Traffic_Signal_Bid_Documents.pdf

Town of Farragut

Invitation to Bid No. 2026-11 For

Concord Rd at Loop Rd Traffic Signal

All Bids Must be Submitted To:

Farragut Town Hall

11408 Municipal Center Dr Farragut, TN 37934

Deadline for Proposal Submissions: Date: July 31st, 2025, Time: 2:00 PM

PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID

Company Name DBA, If Applicable

Street Address Phone Number

City, State, Zip Code Email Address

FEIN:

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

If submitting a “No Proposal” state reason ___________________________________

Authorized Signature Title (Printed)

Name (Printed) Date

2026-11 Concord Rd at Loop Rd Traffic Signal Page 1 of 41

ITB No. 2026-11 Concord Rd at Loop Rd Traffic Signal

Table of Contents

1. Instruction

1.1. Procurement Schedule 3

1.2. Bid Documents 3

1.3. Communications 4

1.4. RFP Amendments and Cancellation 4

1.5. Bid Bond/Guaranty 5

1.6. Performance Bond and Payment Bond 5

1.7. Post Bid Information 5

1.8. Contract Term 5

1.9. Proposal Submittal 6

• Bid Submittal Check List 6

• Bid Envelope Cover 8

2. Scope of Work 9

3. Bid Form with References 10

4. General Terms and Conditions 13

5. Sample Contract 20

6. Sample Bond Forms 24

7. Required Forms

• Addenda Acknowledgement and Bid Certification 30

• Drug Free Workplace Affidavit 31

• Non-Collusion Affidavit 32

• Statement of Compliance Certificate Illegal Immigrants 33

• Non-Boycott of Israel Certification 34

• Certification Regarding Debarment, Suspension & other Responsibility Matters 35

• Byrd Anti-Lobbying Amendement Certification 36

• Owner’s Ethnicity and Gender of Contracts and Sub-Contractors 38

• Iran Divestment Act Certification 39

• Title VI Assurance 40

• Equal Employment Opportunity/Affirmative Action Policy Statement 41

External Documents Attachment A: Concord Rd at Loop Rd Traffic Signal Technical Specifications Attachment B: Concord Rd at Loop Rd Traffic Signal Installation Final Plans REV1

2026-11 Concord Rd at Loop Rd Traffic Signal Page 2 of 41

ADVERTISEMENT FOR BIDS

Instructions

Sealed bids for the project entitled 2026-11 Concord Rd at Loop Rd Traffic Signal will be received by the

Town of Farragut on July 31st, 2025, at 2:00 pm. in the Town of Farragut Town Hall located at 11408

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

This project requires furnishing all labor, equipment, materials and incidentals necessary for the installation of a new traffic signal at the northern intersection of Concord Road (SR-332) and Loop Road.

1.1 Procurement Schedule

ITB Issue 07/11/2025

Deadline for Proposer Questions 07/24/2025, 5:00PM

Proposal Due 07/31/2025, 2:00pm

Intent to Award/ Contract Negotiations

Begin 08/01/2025

Board of Mayor and Alderman

Approves/Contract Signed 08/14/2025

1.2 Bid Documents

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

1. Town Website (Free):

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

2. Vendorlink (Paid):

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

3. Beacon (Paid):

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

4. EUNA/Demand Star (Paid):

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

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

2026-11 Concord Rd at Loop Rd Traffic Signal Page 3 of 41 https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaconbid.com/login https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaconbid.com/login https://www.demandstar.com/app/login

1.3 Communications

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

Anissa Pratte, Staff Accountant apratte@townoffarragut.org

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

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

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

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

1.4 ITB Amendments and Cancellation

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

1. Town Website (Free):

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

2. Vendorlink (Paid):

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

3. Beacon (Paid):

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

4. EUNA/Demand Star (Paid):

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

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

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

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

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

2026-11 Concord Rd at Loop Rd Traffic Signal Page 4 of 41 mailto:apratte@townoffarragut.org https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/e21d4051/d914nl_zIkSbJ5nskjuXHg?u=https://www.townoffarragut.org/Bids.aspx?CatID=17 https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/cb5ff12b/xEUleExc3k2Kw81aTPmiwQ?u=https://www.myvendorlink.com/external/home https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaconbid.com/login https://link.edgepilot.com/s/1f6497fb/IRQ_I4wvpEaSC2N_EUh0dw?u=https://www.beaconbid.com/login https://www.demandstar.com/app/login

1.5 Bid Bond/Guaranty

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

1.6 Performance Bond and Payment Bond

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

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

1.7 Post Bid Information

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

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

1.8 Contract Term

1. Substantial Completion The Contractor shall achieve Substantial Completion of the project within 330 calendar days from the date of the Notice to Proceed. Substantial Completion is defined as the point at which the traffic signal system is fully operational and can be safely used for its intended purpose, subject only to minor punch list items that do not affect functionality or safety.

2. Final Completion and Payment The Contractor shall achieve Final Completion of all work, including correction of punch list items, final cleanup, and submission of all required documentation, within 360 calendar days from the date of the Notice to Proceed. Final payment will be processed upon the Engineer’s acceptance of all contract deliverables and confirmation that all work has been completed in accordance with the contract documents.

2026-11 Concord Rd at Loop Rd Traffic Signal Page 5 of 41

3. Liquidated Damages If the Contractor fails to complete the work, or any specified portion thereof, within the time prescribed in the contract, including any authorized extensions of time, the Contractor shall pay to the Owner, as liquidated damages and not as a penalty, the amount of $400.00 per calendar day for each day of delay beyond the agreed completion date.

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

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

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

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

1.9 Proposal Submittal

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

Proposers must submit in a sealed package:

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

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

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

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

Town Hall Attn: Finance Department, Anissa Pratte 11408 Municipal Center Drive Farragut, TN 37934

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

• Confidential

• Proposal for ITB# 2026-11 Concord Rd and Loop Rd Traffic Signal

• Proposal Due Date and Time

• Proposer Name

• Proposer Address

• Proposer Phone Number

2026-11 Concord Rd at Loop Rd Traffic Signal Page 6 of 41

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

END OF THIS SECTION

2026-11 Concord Rd at Loop Rd Traffic Signal Page 7 of 41

Bid Envelope Cover

11408 Municipal Center Dr

Farragut, TN 37772

Confidential

Invitation to Bid

SEALED BID – DO NOT OPEN

ITB No. 2026-11 Concord Rd at Loop Rd Traffic Signal

Bid Opening Date & Time: July 31st, 2025 @ 2:00pm

Company Name: ______________________________________________________________________

Company Address: ____________________________________________________________________

Contact Name: _______________________________________________________________________

Telephone Number: ___________________________________________________________________

Email Address: _______________________________________________________________________

VENDORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE BID.

2026-11 Concord Rd at Loop Rd Traffic Signal Page 8 of 41

2. Scope of Work

The Concord Rd at Loop Rd Traffic Signal installation project consists of a new traffic signal at the existing intersection of Concord Rd (State Route 332) at Loop Rd in the Town of Farragut, TN. The Scope of Work includes the installation of new mast arm poles, cabinet, controller, detection, signal heads, pedestrian signals, conduit, pull boxes, wiring, fiber communication, connected vehicle equipment, curb ramps, pavement marking, signing, traffic control, erosion control, and incidentals to provide a fully functional traffic signal.

All work shall be performed in accordance with the specifications for the Concord Rd at Loop Rd. Traffic Signal Special Provision 730F Supplemental (SP 730FS) prepared by Cannon & Cannon, Inc. (Attachment A)

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

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

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

Inspections Construction inspections will be conducted periodically by the Town of Farragut or its designee to review compliance with the solicitation requirements and the final working drawings.

The Town of Farragut reserves the right to inspect the site at any time without notification.

Special Conditions

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

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

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

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

2026-11 Concord Rd at Loop Rd Traffic Signal Page 9 of 41

BID FORM

ITEM NO. DESCRIPTION UNIT QTY.

UNIT

PRICE

EXTENDED

PRICE

105-01

CONSTRUCTION STAKES, LINES AND

GRADES

LS 1

202-03.01 REMOVAL OF ASPHALT PAVEMENT SY 13

202-08.15

REMOVAL OF CURB AND GUTTER

(AREA NEAR CURB RAMPS)

LF 105

209-05 SEDIMENT REMOVAL CY 2

209-09.43 CURB INLET PROTECTION (TYPE 4) EACH 2

407-02.14 ASPHALT PAVEMENT REPAIR SY 13

407-20.05 SAW CUTTING ASPHALT PAVEMENT LF 110

701-02.01 CONCRETE CURB RAMP (RETROFIT) SF 675

702-03

CONCRETE COMBINED CURB &

GUTTER

CY 6

712-01 TRAFFIC CONTROL LS 1

713-14.21

STREET NAME SIGN (RIGID 0.100IN

THICK)

SF 36

713-15.36 REMOVE SIGN, SUPPORT & FOOTING EACH 2

713-16.20 SIGNS (W3-3 W/ 16-15P) EACH 3

713-16.21 SIGNS (TN-69A) EACH 1

716-02.03

PLASTIC PAVEMENT MARKING

(CROSS-WALK)

LF 215

716-02.04

PLASTIC PAVEMENT MARKING

(CHANNELIZATION STRIPING)

SY 15

716-02.05

PLASTIC PAVEMENT MARKING (STOP

LINE)

LF 85

716-08.01

REMOVAL OF PAVEMENT MARKING

(LINE)

LF 400

716-08.03

REMOVAL OF PAVEMENT MARKING

(CROSS-WALK)

LF 70

716-12.02

ENHANCED FLATLINE THERMO PVMT

MRKNG (6IN LINE)

LM 0.1

717-01 MOBILIZATION LS 1

725-28.20 SYSTEM INTEGRATION LS 1

730-02.09

SIGNAL HEAD ASSEMBLY (130 WITH

BACKPLATE)

EACH 6

730-02.55

SIGNAL HEAD ASSEMBLY (130 A3FY

WITH BACKPLATE)

EACH 1

730-03.21 INSTALL PULL BOX (TYPE B) EACH 5

730-03.33 FIBER OPTIC SPLICE FUSION EACH 4

730-03.41 ETHERNET SWITCH (FIELD LAYER 2) EACH 1

730-03.56 FIBER OPTIC DROP CABLE (12F) LF 200

730-03.57 FIBER OPTIC DROP PANEL (12F) EACH 1

2026-11 Concord Rd at Loop Rd Traffic Signal Page 10 of 41

ITEM NO. DESCRIPTION UNIT QTY.

UNIT

PRICE

EXTENDED

PRICE

730-05.01 ELECTRICAL SERVICE CONNECTION EACH 1

730-08.02 SIGNAL CABLE – 5 CONDUCTOR LF 280

730-08.03 SIGNAL CABLE – 7 CONDUCTOR LF 1000

730-08.04 SIGNAL CABLE – 9 CONDUCTOR LF 360

730-12.02

CONDUIT 2” DIAMETER (PVC

SCHEDULE 40)

LF 625

730-12.24

CONDUIT 3” DIAMETER (DIRECTIONAL

BORE)

LF 295

730-13.12

VEHICLE DETECTOR (RADAR – STOP

LINE)

730-15.07

CABINET (TS2 TYPE 2, BASE

MOUNTED)

730-16.04 CONTROLLER (ATC) EACH 1

730-23.28 PEDESTAL POLE (TYPE A) EACH 4

730-23.72

CANTILEVER SIGNAL SUPPORT (1 ARM

@ 35’)

730-23.88

CANTILEVER SIGNAL SUPPORT (1 ARM

@ 45’)

730-25.11

CANTILEVER SIGNAL SUPPORT (1 ARM

@ 60’)

730-26.11

COUNTDOWN PED SGNL HEAD

W/AUDIBLE PUSHBUTTON & 15IN SIGN

EACH 6

730-35.50 ROAD SIDE UNIT (RSU) EACH 1

740-11.01 TEMPORARY SEDIMENT TUBE 8IN LF 300

801-03 WATER (SEEDING AND SODDING) MG 0.4

803-01 SODDING (NEW SOD) SY 450

TOTAL BID $________________________

TOTAL BID IN WORDS

2026-11 Concord Rd at Loop Rd Traffic Signal Page 11 of 41

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

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

List any items that are intended to be used as a substitute for specified items (if necessary):

References listed below should be for completed projects of similar size and scope: (Please list Company, Contact Name, Phone Number, Email address)

1.

2.

3.

Name and Address of Bidder: __________________________________________

Telephone: _________________________________________________________________

Email Address: ______________________________________________________________

Signature: __________________________________________________________________

Title: _______________________________________________ Date: _________________

Substitutions for this contract must be submitted with bid form.

References for this contract must be submitted with bid form.

2026-11 Concord Rd at Loop Rd Traffic Signal Page 12 of 41

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.

2026-11 Concord Rd at Loop Rd Traffic Signal Page 13 of 41

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

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

Vendor as set forth in the purchase order.

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

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

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

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

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

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

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

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

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

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

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

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

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

2026-11 Concord Rd at Loop Rd Traffic Signal Page 14 of 41

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

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

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

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

$2,000,000 in the general aggregate.

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

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

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

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

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

a) Commercial General Liability

b) Auto Liability

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

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

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

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

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

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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/Purchasing

11408 Municipal Center Drive

Farragut, TN 37934

(865) 966-7057

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

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

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

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

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

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

Vendor and their respective permitted successors and permitted assigns.

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

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

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

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

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

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

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

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

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

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

The Vendor understands and acknowledges the applicability to it of:

a. the American with Disabilities Act,

b. the Immigration Reform and Control Act of 1986,

c. the Drug Free Workplace Act of 1988.

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

e. Copeland “Anti-Kickback” Act

f. Title VI of the Civil Rights Act of 1964

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AGREEMENT

Contract No. 2026-11

Concord Rd at Loop Rd Traffic Signal

This agreement made as of the ______ day of _______ in the year 2025 by and between the;

TOWN OF FARRAGUT (Hereinafter called Owner) and 11408 Municipal Center Drive Farragut, TN 37934

(Hereinafter called Contractor)

WITNESSETH THAT OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth agree as follows:

ARTICLE 1. WORK

The Contractor shall perform all Work as specified or indicated in the Contract Documents for the completion of the project generally described as follows:

ARTICLE 2. ADMINISTRATOR

The Town Engineer will act as Administrator in connection with completion of the work in accordance with the Contract Documents.

ARTICLE 3. CONTRACT TIME

The work shall begin upon receipt of a written notice to proceed from the Town Engineer and shall be completed on or before _____________.

ARTICLE 4. CONTRACT PRICE

The Owner will pay the Contractor for the performance of the contract in current funds for the total quantities of work performed at the prices stipulated in the bid for the several respective items of work completed, the total amount to be due upon completion and final acceptance of the Work, and the receipt of lien releases from the Contractor and all Subcontractors.

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ARTICLE 5. CONTRACT DOCUMENTS

The Contract Documents which comprise the contract between Owner and Contractor are attached hereto and made a part hereof and consist of the following:

A. Agreement

B. Instructions to Bidders

C. Special Conditions

D. General Conditions

E. Specifications for Concord Rd at Loop Rd Traffic Signal

F. On-Call Work Order(s)

G. Contractor's Bid

H. Addenda Numbers ______________________________

I. Change Orders, duly delivered and executed by each party execution of this

Agreement.

J. Affidavits and Certifications

ARTICLE 6. MISCELLANEOUS

A. Neither Owner nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or in part his interest under any of the Contract Documents;

and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner.

B. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents.

C. The Contract Documents constitute the entire agreement between Owner and

Contractor and may be altered, amended or repealed only by a written instrument signed by the party to be charged.

D. Guarantee and Correction of Work After Final Payment: Neither the final certificate nor payment nor any provisions in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting there from, which shall appear within a period of one year from the date of final acceptance of the work by the Owner.

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The Owner shall give notice of observed defects with reasonable promptness. The Engineer subject to arbitration shall decide all questions arising under this article.

The Contractor and through it each Subcontractor, in accepting the contract for this construction or respective portions of the construction covered by this contract and specifications, does hereby agree to replace and make good, without expense to the Owner, any work or material which may be found to be defective within one year from the date of the final certificate of payment to said Contractor. The deterioration due to ordinary use and normal wear is accepted from this guarantee.

The Contractor shall reimburse the Owner for cost of damage, if any, as well as cost of replacing defective materials or workmanship. If replacements are not made within fourteen days after notice is given of such defect in workmanship, or thirty days in case of materials, then the Owner shall have the right to make replacements and charge cost of same to Contractor or his bondsman.

E. The Contractor shall comply with the Department of Labor Safety and Health

Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 92-54).

F. Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any of the services performed under this Contract without obtaining the prior written approval of the Town. If such subcontracts are approved by the Town, each shall contain, at a minimum, sections of this contract pertaining to “Lobbying” and “Nondiscrimination,” (as identified by the section headings).

Notwithstanding any use of approved subcontractors, the Contractor shall be the prime contractor and shall be responsible for all work performed.

G. Lobbying. The Contractor certifies, to the best of its knowledge and belief, that:

(a) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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(c) The Contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this…