RFQ 2026-22 CLUP Instruction.pdf

Town of Farragut Request for Qualifications

Request for Qualifications No. 2026-22 Qualifications Title: Comprehensive Land Use Plan Update

Information for Respondents

The Town of Farragut’s intended schedule for the solicitation is as follows:

RFQ Issue 02/25/25 Deadline for Questions 03/12/26

RFQ Opening 03/19/26 @2:00pm Intent to Award 03/25/26

Board of Mayor and Alderman Approves/Contract Signed

04/09/26

Responders must submit one original and three copies (4 total): and label on the outside of the envelope as “Sealed RFQ No. 2026-22 Comprehensive Land Use Plan Update” (A envelope cover page has been provided)

The RFQ 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.to wnoffarragut.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.

myvendorlink.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

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

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

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

All communication regarding this RFQ 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 RFQ.

Vendors’ contact with anyone else in the Town is forbidden and may result in disqualification of the Vendor’s proposal. 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.

Respondents will be responsible for delivery of their responses to the Town of Farragut before the due date/time. Any responses received after the due date/time will remain at the Town’s Finance Procurement Division, sealed, and will not be considered.

The solicitation does not commit the Town to award of a contract, to pay any costs incurred in the preparation of a response or to procure or contract for services. The Town reserves the right to reject any and all responses received, to negotiate with all qualified responders, to cancel this solicitation in part or in its entirety or re-advertise if it is in the best interest of the Town to do so.

Submitting an incomplete response or a response without proper required forms can result in disqualification. The Town reserves the right to conduct interviews as part of its evaluation process.

After the initial round of scoring, the Town reserves the right to conduct a second round of interviews. The Town’s determination of the bidder’s ability or inability to complete the project shall be final and nonreviewable. Every vendor agrees to accept the Town’s determination of a vendor’s ability or inability to complete the project.

RFQ Envelope Cover

11408 Municipal Center Dr

2nd Floor Farragut, TN 37934

Confidential

Request for Qualifications

DO NOT OPEN

RFQ 2026-22 Comprehensive Land Use Plan Update

RFQ Opening Date & Time: March 19th, 2026 @ 2:00pm

Company Name: ______________________________________________________________________

Company Address: ____________________________________________________________________

Contact Name: _______________________________________________________________________

Telephone Number: ___________________________________________________________________

Email Address: _______________________________________________________________________

VENDORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE RFQ.

Overview of the Town of Farragut

The Town of Farragut, Tennessee encompasses approximately 16 square miles of land area in east Tennessee: more specifically west Knox County. The Town borders the City of Knoxville and is bisected on its northeastern town boundary by I-40 just north of the I-40 and I-75 split. The Town has one on/off ramp onto I-40 and is approximately 20 minutes from Downtown Knoxville. This strategic location provides great access for residents to regional amenities and opportunities for continued growth.

Incorporated in 1980, the Town of Farragut is a well-educated and affluent residential community with a population of 25,579 (Census 2023 EST). The Town is fiscally stable with sales tax (local option and state-shared revenue) as its primary source of revenue. The Town does not impose a Town property tax. Law enforcement services are provided by Knox County Sheriff’s Office, fire department services are provided by Rural Metro (private subscription-based company), and utility services are provided by quasi-governmental “utility districts” (First Utility District for water/sewer, Knoxville Utilities Board for gas, Lenoir City Utilities Board for electric). The Town’s major services are Planning and Codes, Parks and Recreation, Engineering, and Public Works.

Project Background

This project will involve a complete update of the Town’s existing Comprehensive Land Use Plan (CLUP) that was adopted in December of 2012. Current Comprehensive Land Use The CLUP adopted in 2012 was an update to the Transportation and Land Use Policy Plan that was adopted in February of 2001. Farragut Land Use and Transportation Policy Plan 2001-2011

The CLUP Update of 2012 included eight key strategies developed from community input that the Town was to prioritize through implementation measures to be applied through the year 2025.

Since 2012, the Town has actively used the CLUP to make numerous updates to its regulations that have helped address the strategies identified in the CLUP. Some of the accomplishments include:

Strategy 1. Bring About a Downtown. The Town Center land use portion of the Town has been transformed from a series of abandoned buildings to high quality new and re-development. The Farragut Town Center at Biddle Farms project, in particular, was completed recently and has helped create a “downtown” project with a mixture of uses and significant public spaces.

Strategy 2. Repair Aging Shopping Centers. Through code enforcement provisions and incentivizing re-development, some aging shopping centers were either completely remodeled or removed for new development.

Strategy 3. Encourage Greater Housing Choice. Through updates to the Town’s residential zoning districts and the Planned Development District, more variety of housing has been created in the Town so that there are options for a mixture of age groups and demographics.

Strategy 4. Increase Connectivity. Changes were made to the Subdivision Regulations and Access Ordinance to require connectivity. This has helped provide more transportation options to help reduce congestion and improve safety. Most developments are now required to have at least more than one way in and out of the development.

https://www.townoffarragut.org/DocumentCenter/View/5962/CLUP-Adopted-Plan-Updated-Through-Dec-2020 https://www.townoffarragut.org/DocumentCenter/View/1867/Farragut_2001LUplan_1205434090?bidId=

Strategy 5. Capitalize on Our Heritage. The Town purchased and completely restored a pre-civil war home that is in the heart of the Town Center and provides small venue space and office space for the Town’s Tourism Department. On the same property, a pocket park has been created for smaller community events. The Town has also actively marketed its heritage through its Folklife Museum in the Town Hall and with wayfinding and interpretive kiosks along shared use paths.

Strategy 6. Expand Our Borders. Though the Town did annex a property at the request of the property owner, the Tennessee Code has significantly limited the ability for municipalities to annex.

This is unlikely to change at least in the foreseeable future.

Strategy 7. Enhance Our Identity (Natural and Built). In addition to notable improvements in the Town Center portion of Farragut, the Town has updated ordinances to require a high degree of more timeless materials on the façade of new buildings. There has also been a focus on incorporating streetscaping into the design of all developments. The Town is currently implementing a wayfinding program that will be initially applied to the Town Center and major entrances to the Town to help enhance the identity of the Town and its Town Center area.

Strategy 8. Plan for the Remaining Vacant Parcels. The updates to Town regulations noted in some of the other strategies have helped to create high quality developments on the parcels that have been developed since the 2012 CLUP update. Moving forward, this will be a major focus of the next Comprehensive Land Use Plan.

Town Staff Initiated Updates to the CLUP

Since the summer of 2017, Town staff has worked with a steering committee (CLUP Steering Committee) that was established to work with the CLUP and evaluate different priority areas to determine if any updates were needed based on changing conditions or community desires.

Consistent with its past, the Town relies heavily on planning and visioning and has used its CLUP to guide new and/or updated ordinances, the development of the Capital Investment Plan, and as a tool for evaluating rezoning requests. The CLUP Steering Committee has worked with the community to update four priority areas (Watt Road, Outlet Drive/Snyder Road, Southwest portion of McFee Road, and Kingston Pike/Smith Road/Boring Road).

Scope of Work

As demonstrated above, the Town values its comprehensive plan and uses it extensively. As the Town continues to approach a build out of its vacant tracts, the next comprehensive plan will be critical in terms of providing guidance on what the community would like to see. With limited undeveloped land, another component of the next comprehensive plan will be a focus on infill and re-development. The next comprehensive plan will also need to thoroughly examine the transportation network in the Town and determine how to improve efficiency, particularly through its built environment. Key to all of this will be a program for robust community engagement guided by an outside entity. The Board of Mayor and Aldermen allocated money in the Town’s budget to pursue this desire. The scope of work that the selected firm will be asked to deliver will include the following:

1. Meeting with the appropriate Town staff and officials to establish an overview of the Town, its critical undeveloped tracts, and to discuss the specifics of the project, and the desired outcomes.

2. Evaluate existing conditions in terms of planned projects (including transportation and park projects), existing land use, currently designated future land use, zoning, public spaces, natural areas, vacant lands, new development and re-development opportunities, and the overall transportation network both within the Town and the immediate vicinity of the Town.

3. Evaluate the market and socio-economic factors to determine what may be possible and/or in demand should it be something the community would want to provide for.

4. Develop and conduct a citizen engagement process with the goal of establishing a clear and realistic vision for desired land use and transportation elements associated with new development and re-development. The citizen engagement process must include components that will maximize desired input. This will involve, at a minimum, in person workshop sessions, surveys, and other forms of outreach coordinated with the appropriate Town staff.

5. Meet with Town staff and potential stakeholders and a steering committee to review public input.

6. Provide recommendations for the new Comprehensive Plan based on the results of the citizen engagement process.

7. Develop a draft of the Comprehensive Plan for additional community input. The Plan should heavily focus on images and illustrations to convey information so that it is easy to understand and follow.

8. Finalize the Comprehensive Plan and establish and prioritize an implementation program for the Town to be working on for the target year 2040 “Farragut 2040.” This should also include a schedule for periodic evaluation of the Plan and any updates that may be needed.

Project Timeline

The selected Consultant shall commence work on the Comprehensive Land Use Plan on May 1, 2026. The Consultant will be responsible for completing all tasks, deliverables, and final documentation associated with the Plan within twelve (12) months of the start date. The final Comprehensive Land Use Plan, including all required revisions following staff and community review, must be completed and delivered no later than April 30, 2027.

The Consultant’s proposed project schedule shall:

• Identify major milestones, deliverables, and meetings;

• Show interim deadlines for draft reports, public engagement activities, and plan development phases; and

• Ensure adequate time for review by Town staff, the Planning Commission, and the Board of

Mayor and Aldermen prior to the final adoption of the Plan.

Extensions to the project timeline will be considered only under exceptional circumstances and must be approved in writing by the Town.

Selection Process

Procurement of these professional services shall comply with the Town of Farragut Procurement Ordinances and the State of Tennessee laws.

Evaluation Criteria

The Town of Farragut staff will utilize objective criteria when evaluating and ranking qualified respondents.

These criteria are outlined below:

Experience: The Town will evaluate the overall experience of the team, to include broad expertise and expertise specific to master planning as detailed in this document

25%

Proposed Schedule: The Town will evaluate the proposed schedule for compliance with the RFQ. The proposal shall state whether or not existing contractual commitments of similar scope and priority are likely to have a negative impact on the proposer’s ability to service this contract.

15%

Staffing: The Town will evaluate the proposed team’s experience and qualifications for providing the services described in this RFQ, including the specialized experience of the key personnel proposed for this project in their represented field.

15%

Project Approach and Methodology: Understanding of the project requirements, proposed methodology for existing conditions, analysis, site analysis, and innovative planning solutions.

25%

Community Engagement Strategy: Specific plans for public meetings and incorporating community feedback.

20%

Instructions to Responders

To be considered responsive, all submittals must be made in accordance with these instructions.

Submittals shall include one original and three copies (4 total sets of documents) of the following information and shall be organized in the following order.

Title Page: Include name of form, address, phone number, contact person, and email address of contact person.

A. Table of Contents B. Letter of Transmittal: Limit to one page.

C. Describe the firm/team and experience with projects of similar size and scope. Include the respective roles and responsibilities of each team member. (Limit to 15 pages) D. Provide the team’s availability commitment for the project duration.

E. Provide the team/firm’s approach to the project and an estimated timeline of delivery of services.

F. References: Include the name, address, telephone number, and e-mail address for contact person at three (3) public entities that represent the type of work requested for the scopes under this RFQ, to which the respondent has provided these services within the last 5 years.

G. Provide a statement that the firm is licensed and qualified to perform the requested services in the State of Tennessee. Include copies of applicable licenses, registrations, certifications for the form and pertinent personnel who will participate in the project.

H. Any supplemental information that might enhance the Town’s understanding of the firm and its experience/qualifications. (Limit to 2 pages)

I. Required Forms:

a. Drug Free Workplace

b. List of any subcontractors

c. Addenda Acknowledgement

d. Non-Collusion Affidavit

e. Iran Divestment Act Certification

f. Byrd Anti-Lobbying Certification

g. Certification regarding debarment, suspension, and other responsibility matters

h. Non-Boycott of Israel Certification

i. Statement of Illegal Immigrants

The contents of this Request for Qualifications (RFQ), including all terms, conditions, specifications, and requirements, as well as the selected firm’s response, will be incorporated into and made a part of the final contract between the Town of Farragut and the successful firm. By submitting a qualifications statement, the respondent acknowledges and agrees that the provisions of this RFQ will serve as binding obligations within any resulting agreement.

Town of Farragut Terms and Conditions

The following terms, conditions and instructions apply (unless otherwise noted) to all of the Town of Farragut solicitations whether they are quotations, bids, proposals, requests for qualifications or other types of solicitations. The term “vendor” is used collectively for bidder, vendor, proposer, quoter, contractor and all other terms implying or meaning one who is responding to an opportunity with the Town of Farragut. The submission of a response means that the vendor understands and agrees with the Town of Farragut’s instructions to vendors.

1. ACCEPTANCE-AGREEMENT. Vendors shall hold their price firm and subject to acceptance by the

Town of Farragut for ninety (90) calendar days from the date of the solicitation opening unless otherwise directed by the Town of Farragut.

2. AWARD/REJECTION OF RESPONSES. Awards are made to the responsible vendor complying with the conditions of the solicitation based on the response that receives the highest rating and is in the Town of Farragut’s best interest. The Town of Farragut reserves the right to reject any and all responses and to waive any informality in the responses received whenever the Town of Farragut determines that such rejection or waiver is in the Town of Farragut’s best interest.

3. INTERPRETATIONS. The Town of Farragut is not responsible for oral interpretations of specifications.

Submit written requests for interpretation as indicated in a solicitation document. Addenda (official changes to or interpretations of specifications) are posted to the Town of Farragut’s web page. It is the vendor’s responsibility to examine the web page for addenda. All addenda become part of the contract, and all vendors/vendors are bound by such addenda.

4. USE OF SOLICITATION FORMS. Vendors are to complete the forms contained in the solicitation package. Failure to complete these forms may result in the rejection of your response.

Vendors are not to change the pricing method that is on the solicitation document unless the

Procurement/Finance office approves the change.

5. BID WITHDRAWAL. A Vendor may withdraw or amend a solicitation response before the date and time set for the receipt of bids without stating a reason. Bids may not be withdrawn without the Town of Farragut’s approval after the bid opening. If granted, withdrawal after the due date is non-reversible. Bid withdrawal may affect your bid bond (if any).

6. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Tennessee and the Codes of the Town of Farragut (“Town”).

7. ALTERATIONS OR ADMENDMENTS. Alterations, amendments, changes, modifications or additions to the Purchase Order shall not be binding without the Town of Farragut’s prior written approval.

8. APPROPRIATION. In the event funds are not appropriated by the Town of Farragut for the goods and/or services or insufficient funds exist to purchase the goods and/or services, awards and/or contracts shall terminate upon the expenditure or previously appropriated funds with no further obligations owed to or by either party.

9. COMPENSATION AND PAYMENT TERMS. For the completion of the Work, the Town of Farragut shall pay Vendor the contract sum set forth in the purchase order and/or contract. Payments may be made in amounts which are consistent with the percentage of goods/non-professional services completed and invoiced by the Vendor as set forth in the purchase order.

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

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

In the award of a construction contract/purchase order the Vendor is responsible for thoroughly inspecting the site of the proposed work and for becoming familiar with the work circumstances.

The vendor’s failure to do so will not result in additional payments to the Vendor.

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

12. PRICE WARRANTY. Vendor warrants that the prices for the goods or non-professional services sold the Town are not less favorable than those currently extended to any other customer for the same or similar goods or non-professional services in similar quantities. In the event Vendor reduces its price for the goods or non-professional services during the term of this purchase order, Vendor agrees to reduce the prices charged to Town correspondingly. The Vendor warrants that prices shown on this purchase order/agreement are complete, and no additional charges of any type will be added without the Town’s express written consent. Any additional charges include, but are not limited to, shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing, crating.

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

14. DELIVERY. All deliveries shall be to the designated Town of Farragut property, and they must be Freight On Board (FOB) Town of Farragut, Tennessee with all delivery, handling, surcharges and other charges included in the bid price. Failure to do so may cause rejection of the bid.

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

16. INDEMNIFICATION/HOLD HARMLESS. The Vendor shall indemnify, defend, save and hold harmless the Town of Farragut, its Mayor of Board, Alderman and employees from all suits, claims, actions or damages of any nature brought because of, arising out of, or due to breach of the agreement by vendor, its sub-vendors, suppliers, agents, or employees or due to any negligent act or occurrence or any omission or commission of vendor, its sub-vendors, suppliers, agents or employees.

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

a. Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000 in the general aggregate.

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

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

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

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

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

a) Commercial General Liability

b) Auto Liability

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

iii. All policies, expect Professional Liability Insurance, if applicable, waives rights of recovery (subrogation) against Town of Farragut, its agents, representatives, officers, directors, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement.

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

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

20. RECORDS RETENTION AND AUDIT. The Vendor shall maintain all books, documents, accounting records and other evidence pertaining to the goods and services provided under an agreement and/or contract and make such materials available at its offices at all responsible times during the contract period and for three years (and as required by federal law and/or regulations) from the date of the final payment under an agreement or contract. This shall be for inspection by the Town of Farragut or any other governmental entity or agency participating in the funding of an agreement or contract, or any authorized agents thereof. Upon request, the vendor shall furnish copies of said records.

21. TERMINATION FOR CONVENIENCE. The Town of Farragut reserves the right to terminate this order or any part of this order at its sole convenience with thirty (30) days written notice. In the event of termination, Vendor must immediately stop all work and immediately cause any of its suppliers or subcontractors to cease any further work. The Vendor will be paid a reasonable termination charge consisting of a percentage of the order price reflecting the percentage of the work performed before the notice of termination, plus actual direct costs resulting from termination. The Vendor will not be paid for any work done after receipt of the notice of termination, nor for any costs incurred by the Vendor's suppliers or s which Vendor could reasonably have avoided. The Vendor must not unreasonably anticipate the requirements of this order.

22. TERMINATION FOR CAUSE. The Town of Farragut may also cancel this order, or any part of this order, with seven (7) days written notice for cause in the event of any default by the Vendor, or if the Vendor fails to comply with any of the terms and conditions of this offer. Late deliveries, deliveries of products which are defective, or which do not conform to this order, and failure to provide the Town, upon request, with adequate assurances of future performance are all causes allowing the Town to cancel this order for cause. In the event of cancellation for cause, the Town is not liable to the Vendor for any amount, and the Vendor is liable to the Town for any and all damages sustained by reason of the default which gave rise to the cancellation. If it should be determined that the Town has improperly cancelled this contract for a default, the cancellation is considered a termination for convenience.

23. DISPUTE RESOLUTION. Claims, disputes, or other matters in question between the parties to this Agreement arising out of or relating to this Agreement, or breach thereof, shall be subject to mediation in Farragut. Tennessee, in accordance with the following provisions:

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

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

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

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

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

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

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

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

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

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

Attn: Finance/Purchasing 11408 Municipal Center Drive Farragut, TN 37934

(865) 966-7057

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

27. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.

The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void.

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

29. SUCCESSORS AND ASSIGNS. This Agreement is binding on and inures to the benefit of the Town and Vendor and their respective permitted successors and permitted assigns.

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

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

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

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

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

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

36. FEDERAL OR STATE FUNDING. In the event that the Project is funded in whole or in part by Federal or State grants, Vendor agrees to abide by all applicable Federal and State laws, regulations, grant conditions and procedures.

37. COMPLIANCE WITH LAWS. The Town has entered into this agreement with the Vendor relying on is 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

DRUG-FREE WORKPLACE AFFIDAVIT

State of Tennessee, County of Knox

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

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

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

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

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

Further affiant saith not.

Name of Officer Title of Officer

State of Tennessee, County of Knox

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

Witness my hand and seal at office this ______ day of __________________, 20_____.

Notary Public

My commission expires: ______________________

NON-COLLUSION AFFIDAVIT

State of __________________________

County of _________________________

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

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

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

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

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

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

(Signed): _________________________________

Title: ____________________________________

Subscribed and sworn to before me this _________ day of _________________, 20_____

Title

My commission expires: _______________________

STATE OF TENNESSEE

IRAN DIVESTMENT ACT CERTIFICATION

SUBJECT CONTRACT NUMBER(S):

CONTRACTOR LEGAL ENTITY NAME:

EDISON SUPPLIER IDENTIFICATION

NUMBER:

The Iran Divestment Act, Tenn. Code Ann. § 12-12-101 et seq., requires a person that attempts to contract with the state or any political subdivision of the state, including municipalities, including a contract renewal or assumption, to certify at the time the bid is submitted, or the contract is entered into, renewed, or assigned, that the person or the assignee is not identified on a list created pursuant to § 12-12-106

Currently, the list is available online at the following website:

https://www.tn.gov/generalservices/procurement/centralprocurement-office--cpo-/library-/public-information-library.html

The Proposer, identified above, certifies by signature below that it is not included on the list of persons created pursuant to Tenn. Code Ann. § 12-12-106 of the Iran Divestment Act.

CONTRACTOR SIGNATURE ________________________________________________________________

NOTICE: This certification MUST be signed by an individual with legal capacity to contractually bind the Contractor.

PRINTED NAME AND TITLE OF SIGNATORY

Date:_________________________ https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html

ADDENDA ACKNOWLEDGEMENT & PROPOSAL CERTIFICATION

ADDENDA ACKNOWLEDGEMENT:

By submitting this Proposal, the Proposer represents that the Proposer has examined copies of all the RFQ

Documents and hereby acknowledges they have verified that the Proposer is in receipt of the Addenda listed below and that the proposed price reflects the inclusion of these Addenda. (Check the box next to each addendum received and applicable)

[ ] Addendum No. 1 [ ] Addendum No. 6 [ ] Addendum No. 2 [ ] Addendum No. 7 [ ] Addendum No. 3 [ ] Addendum No. 8 [ ] Addendum No. 4 [ ] Addendum No. 9 [ ] Addendum No. 5 [ ] Addendum No. 10

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

PROPOSAL CERTIFICATION:

By signing below, I certify that I have reviewed this Proposal Solicitation in its entirety; that I understand the requirements, terms and conditions, and other information contained herein; that this Proposal, offer or

Proposal constitutes an offer to the Town of Farragut that cannot be unilaterally withdrawn; that the products and services proposed meet the mandatory requirements contained in the Solicitation for that product or service, unless otherwise stated herein; that the Proposer accepts the terms and conditions contained in the

Proposal Solicitation, unless otherwise stated herein; that I am submitting this Proposal, offer or Proposal for review and consideration; that I am authorized by the Proposer to execute and submit this Proposal, offer, or proposal, or any documents related thereto on Proposer’s behalf; that I am authorized to bind the Proposer in a contractual relationship; and the Proposer has properly registered with any State, County and Town agency that may require registration.

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

Project Name:2026-22 Comprehensive Land Use Plan Update

Date: _______ Name of Proposer’s Company: _______________________________________

Signature of Responsible Proposer: __________________________________________________

Notary’s Signature: __________________________________________________

Notary Seal

BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION

Proposers who apply for or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING – REQUIRED FOR CONTRACTS

OVER $100,000 Certification for…