RFQ_2026-23_70-Acre_Park_Master_Plan_Instructions.pdf

Town of Farragut Request for Qualifications (RFQ)

Request for Qualifications No. 2026-23 Qualifications Title: 70-Acre Park Master Plan

Information for Respondents

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

RFQ Issue 03/10/2026 Deadline for Questions 04/02/2026

RFQ Due Date and Opening 04/09/2026 @ 2:00PM Intent to Award 04/15/2026

Board of Mayor and Alderman Approves/Contract Signed

04/22/2026

Responders must submit one original and three copies (4 total): and label on the outside of the envelope as “Sealed RFQ No. 2026-23 70-Acre Park Master Plan” (An envelope cover page has been provided) Submittals of qualifications are to be delivered to the Town of Farragut, 11408 Municipal Center Dr., 2nd Floor, Farragut, TN 37934, by the due date and time; April 9th, 2026 at 2:00PM.

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.townoffarr agut.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.beacon bid.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.

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.

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

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 non-reviewable.

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: 2026-23 70-Acre Park Master Plan

Bid Opening Date & Time: April 9th, 2026 @ 2:00pm

Company Name: ______________________________________________________________________

Company Address: ____________________________________________________________________

Contact Name: _______________________________________________________________________

Telephone Number: ___________________________________________________________________

Email Address: _______________________________________________________________________

VENDORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE RFQ.

Project Overview

The Town of Farragut is seeking a qualified firm to work closely with the town, the residents, and stakeholders on a Master Plan for the new Town owned property located at the northwest Corner of McFee Rd and Boyd Station Road. This 70-Acre property (spanning both Knox and Loudon Counties) was acquired in 2024 and was the recipient of a $2.5 million Federal Land and Water Conservation Foundation Grant, managed by

TDEC.

The project will include public input and conceptual planning for a roundabout property entrance off McFee and Boyd Station roads, internal park roadways, parking, pedestrian and bicycle circulation, and at least one permanent restroom facility, consistent with Tennessee Department of Environment and Conservation (TDEC) grant requirements and applicable local plans.

The master plan will guide future development, preservation, phasing, and programming of the park, ensuring compliance with TDEC standards, local regulations, and community priorities.

Project Objectives

The selected firm will:

• Prepare a comprehensive Park Master Plan that documents existing conditions, community needs, and a preferred development program for the 70‑acre site.

• Develop conceptual layouts for internal roads, entrance roundabout, parking, trails, and park facilities, including at least one permanent restroom.

• Provide planning and preliminary engineering recommendations that support phased implementation and realistic cost estimates.

• Facilitate public and stakeholder engagement to inform the plan.

• Ensure alignment with TDEC funding requirements, applicable environmental regulations, and accessibility standards.

Services to be Provided

Public Participation

• In close coordination with the town, conceive a structure and schedule of public participation.

• Activities including social media, interviews, survey, at least one public input meeting for the purpose of identifying and assessing desired uses, features, and amenities.

• The public input program will ensure the involvement of the residents and general public, elected and appointed officials, and various other stakeholders at all project stages. (Town staff, Town committees.

user groups, and adjacent neighborhoods).

• Summarize public and stakeholder input and show how it informs the final master plan.

Master Plan for Uses and Facilities

• Create a Park Master Plan of Uses which shows the overall final program of uses and the capital needs associated with implementing the Master Plan. The Plan will address the allocation among competing uses of spaces within the park.

• Create a Facilities Master Plan that will be used to implement the Master Plan. This will include a list of improvements needed, projections of cost for each improvement, and a phased approach for implementation. The elements found in the plan should to a great degree be derived from the public participation process.

• In addition, the Town is seeking information on anticipated cost of additional maintenance activities for the full-time and part-time staff working in the park.

Project Management and Coordination

• Conduct a kickoff meeting with the Owner and appropriate stakeholders to confirm goals, schedule, and communication protocols.

• Develop and maintain a project schedule with key milestones, review periods, and public engagement activities.

• Coordinate as needed with TDEC staff to ensure the master plan supports applicable grant and program requirements.

• Attend regular progress meetings (in person or virtual) with Owner representatives.

Site Analysis and Data Collection

• Review existing information, including surveys, zoning and land use plans, transportation plans, environmental constraints, and any prior studies.

• Conduct field assessments of topography, vegetation, drainage, access, existing utilities, and any existing facilities or site features.

• Identify environmental and regulatory constraints such as floodplains, wetlands, stream buffers, steep slopes, and sensitive habitats.

• Document opportunities and constraints affecting roadway layout, roundabout location, restroom placement, and other park amenities.

Transportation, Access, and Circulation

• Determine existing and planned vehicular access routes to the site from both Knox County and Loudon County, including traffic conditions at the proposed park entrance.

• Develop conceptual layouts for internal park roads, drive aisles, and parking areas appropriate for a 70‑acre community park, including emergency and service access.

• Prepare a conceptual design for a modern roundabout at the primary entrance to the park, including lane configuration, approaches, pedestrian crossings, and approximate right‑of‑way needs, coordinated with applicable county roadway standards.

• Identify preferred locations and conceptual design for multi‑use paths, sidewalks, and trailheads that connect parking, the restroom, and major activity areas.

• Provide preliminary opinions of probable cost for roadway, roundabout, and parking improvements to support funding and phasing decisions.

Park Facilities, Restroom, and Site Programming

• Develop an overall park program and concept plan that identifies appropriate facilities and activity zones for the 70‑acre site (e.g., play areas, fields, courts, pavilions, open lawns, natural areas, trails, trailheads, parking, and support facilities).

• Identify the preferred location for at least one permanent restroom building to serve primary activity areas and evaluate potential future restroom sites as the park builds out.

• Define a conceptual program for the restroom (approximate building footprint, fixture count, accessibility, utility needs, and relationship to parking, trails, and gathering spaces).

• Provide a conceptual floor plan and massing/elevation imagery or precedent examples sufficient to support cost estimating and public communication.

• Address other site elements as appropriate, such as signage, lighting concepts, landscaping zones, buffers, and stormwater management areas, at a conceptual level.

Master Plan Development

• Prepare conceptual alternatives illustrating different layouts for roads, roundabout location, parking, trails, facilities, and open space, and potential attractions with pros and cons for each.

• Work with the Town to refine concepts into a preferred master plan for the 70‑acre park.

• Develop the preferred master plan at a level of detail suitable for adoption and for use in budgeting, grant applications, and future design phases.

• Incorporate principles of sustainability, low‑impact development, and universal accessibility (ADA compliance) throughout the plan.

Phasing and Cost Estimating

• Propose logical implementation phases for park development, considering funding constraints, constructability, and community priorities.

• Prepare preliminary opinions of probable construction cost for each major component, including:

• Entrance and internal roadways and the entrance roundabout

• Parking areas

• Restroom building and associated utilities

• Trails, recreation facilities, site furnishings, and other amenities / attractions

• Provide cost ranges and assumptions suitable for planning-level decision making.

Compliance and Coordination

• Ensure that the master plan complies with applicable TDEC recreation and grant guidelines, local codes and ordinances, and relevant county/state standards.

• Identify anticipated permitting requirements (e.g., stormwater, environmental, traffic) associated with future implementation of the master plan.

• Coordinate with applicable transportation and utility agencies as needed at a planning level.

Deliverables

At a minimum, the selected firm shall provide:

• Existing conditions base maps and analysis figures (digital and printable).

• Conceptual alternatives diagrams and supporting graphics.

• A preferred master plan drawing for the entire 70‑acre park, including conceptual layout of roads, roundabout, parking, trails, facilities, and restroom(s).

• Conceptual restroom plan and imagery (floor plan and massing/elevation or precedent examples).

• Phasing plan and preliminary opinions of probable cost by phase and major component.

• Summary of public and stakeholder input and how it influenced the master plan.

• Draft master plan document for review (PDF and editable format).

• Final master plan document incorporating Owner and stakeholder comments (PDF and editable format).

• GIS‑compatible and/or CAD files for key plan drawings, as available and appropriate.

Projected Schedule

The project is anticipated to begin upon Notice to Proceed and be completed within approximately 6 months.

A detailed schedule shall be developed with the selected firm, but it is expected to include:

• Kickoff meeting: within 2 weeks of contract execution.

• Completion of existing conditions analysis and initial public input: within 2–3 months.

• Preferred master plan and draft report: within 5–6 months.

• Final master plan and presentations: within 1–2 months after Owner review of the draft.

Scope Limitations and Future Phases

This RFQ is for master planning and conceptual/preliminary engineering of park improvements only, including internal roadways, the entrance roundabout, parking, pedestrian circulation, and restroom facilities. Detailed architectural and engineering design, construction drawings, technical specifications, and project manuals required for bidding and construction of roadway, utility, or building improvements are specifically excluded from this scope.

The Owner may, at its sole discretion and subject to funding availability and TDEC requirements, negotiate a separate contract or subsequent phase with the selected firm (or solicit separate proposals) for detailed design, preparation of construction documents, and project manuals for any or all recommended improvements, including roadways and restroom facilities.

Professional Qualifications

Firms responding to this RFQ should demonstrate:

• Experience in park and recreation master planning for sites of comparable size and complexity.

• Experience with conceptual roadway, roundabout, and parking design in a park context.

• Experience with planning and conceptual design of restroom or similar support buildings in public parks.

• Familiarity with TDEC recreation grants and applicable state and local regulatory requirements.

• Capacity to provide effective public engagement and clear graphic communication.

• Ability to meet schedule and budget requirements.

Interested firms should submit a qualifications-based proposal to The Town of Farragut, Procurement Division, Anissa Pratte, 11408 Municipal Center Dr., Farragut, TN 37934. The Town will assess all proposals based on qualifications and may enter contract negotiations with one selected firm.

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:

Firms’ qualification and experience 25%

Project understanding and approach 25%

Team Composition and key personnel 20%

Past performances and references 15%

Schedule and project management 15%

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 additional supplemental information that might enhance the Town’s understanding of the firm and its experience/qualifications based on the evaluation criteria.

I. Required Forms:

a. Drug Free Workplace

b. List of any subcontractors (Please provide on your own letterhead)

c. Addenda Acknowledgement

d. Non-Collusion Affidavit

e. Statement of Illegal Immigrants

f. Iran Divestment Act Certification

g. Certification regarding Debarment, suspension and Other Responsibility Matters

The contents of this Request for Qualifications (RFQ), including all terms, conditions, specifications, and requirements, as well as the selected firm’s response and any addendum issued by the Town of Farragut, 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 vendor/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 Contract/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 use 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 firm 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 Board of Mayor and Aldermen 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 Tennessee’s Open Records Act 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 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 Vendor 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 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 ventures, 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, OFFICERS OR EMPLOYEES. No member, officer or employee of the Town of Farragut, no member of the Town of Farragut’s governing body, no other public official who exercises any function or responsibilities with respect to the project shall during his tenure or for one year thereafter have any interest, direct or indirect, in a contract, agreement or purchase order or the proceeds thereof.

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

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

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

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

The Vendor understands and acknowledges the applicability to it of:

a. the American with Disabilities Act,

b. the Immigration Reform and Control Act of 1986,

c. the Drug Free Workplace Act of 1988.

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

e. Copeland “Anti-Kickback” Act

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: ____________________________________

Notary:

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, 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 Contractor, 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 of Qualifications, 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 RFQ 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: 2026-23 70-Acre Park Master Plan

Date: _______ Name of Proposer’s Company: _______________________________________

Signature of Responsible Proposer: __________________________________________________

Notary’s Signature: __________________________________________________

Notary Seal

STATE OF TENNESSEE

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND

OTHER RESPONSBILITY MATTERS

The prospective participant certifies to the best of its knowledge and belief that it and its principals:

☐ Are not presently debarred, suspended, proposed for debarment, declared…