Annual Concrete Work

LEGAL NOTICE
REQUEST FOR PROPOSALS
The Town of Smyrna will accept proposals for general concrete work for the Public Works
Department. Bidders shall submit sealed quotations in the format specified in the Request
for Proposals no later than 10:00 a.m. May 7, 2026 at which time bids will be publicly
opened and read aloud. No bid may be withdrawn after the scheduled closing time for a
period of 90 days. Bidding documents may be obtained at Smyrna Town Hall during
regular business hours or www.townofsmyrna.org. Quotations should be mailed or hand
delivered to:
Purchasing Department
Smyrna Town Hall
Sealed Bid Annual Concrete Work / May 7 @ 10:00 a.m.
315 South Lowry Street
Smyrna, TN 37167
The Town of Smyrna will not discriminate in the purchase of all goods and services on the
basis of race, color, religion, sex, national origin, age, disability or any other lawfully
protected classification.
Verbal quotations or quotations received after the closing date will not be accepted. The
Town of Smyrna reserves the right to reject any and all bids, to waive technicalities or
informalities and to accept any bid deemed to be in the best interest of the Town.
Bidder's legal name, license number, expiration date and license classification must be
placed on the sealed envelope containing the proposal, otherwise the bid will not be
opened. All Bidders must be licensed Contractors in the State of Tennessee in strict
accordance with State regulations. All bidders shall comply with the Tennessee Contractor'
License law Section 62-6-119 (Bid documents - Required disclosure by bidders) when
submitting bids. Please refer to the State Licensing Board
https://www.tn.gov/commerce/regboards/contractors.html for all applicable licensing laws.
SUBMITTED BY: SIERRA LOWRY
FINANCE DIRECTOR
TO BE RUN: April 21, 2026
________________________________________
COMPANY NAME
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TABLE OF CONTENTS
PAGE
SECTION I - GENERAL INFORMATION 3
SECTION II - CONCRETE WORK REQUIREMENTS 4
INSURANCE REQUIREMENTS
SECTION III - CONCRETE PRICE QUOTATION 12-13
REQUIRED FORMS 14-25
DRUG-FREE WORK PLACE AFFIDAVIT
CERTIFICATE OF NONDISCRIMINATION
TITLE VI COMPLIANCE SURVEY
CERTIFICATE OF NON-ILLEGAL IMMIGRANT USE
CERTIFICATE OF NON-COLLUSION
CONTRACT AGREEMENT
SECTION IV - SPECIFICATION COMPLIANCE 26
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SECTION I - GENERAL INFORMATION
A. The Town of Smyrna desires annual concrete work for the Public Works Department.
Smyrna Town Hall location: 315 South Lowry Street
Smyrna, TN 37167
Questions should be directed to:
Chaz Dearmon (615) 459-9730, E-mail: chaz.dearmon@townofsmyrna.org or
Tom Rose (615) 459-9742 ext. 2163, E-mail: tom.rose@townofsmyrna.org.
B. The Town of Smyrna reserves the right to reject any and all bids, to waive
technicalities or informalities and to accept any bid deemed to be in the best interest of
the Town. No proposal may be withdrawn after the scheduled closing time for a period
of 90 days.
C. The bidder shall abide by and comply with the true intent of the specifications and not
take advantage of any unintentional error or omission, but shall fully address the full
intent and meaning of each aspect of the specifications.
D. Sections III, IV, and all forms shall be completed and included as an integral part of
each bidder's proposal. Contract Agreement shall be signed and attested, but not
dated.
E. Freight shall be paid by vendor and should be included in unit price bid.
F. The Town is a tax-exempt organization.
G. Mail is delivered after 11:00 a.m. Monday through Friday.
H. The Town reserves the right to bid specific concrete projects separately at its discretion.
I. The Town of Smyrna, in accordance with Title VI of the Civil Rights Act of 1964 and
Title 49, Code of Federal Regulations, hereby notifies all Bidders that it will
affirmatively insure that in any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race,
color, creed, sex, handicap or national origin in consideration for an award.
J. Bid quotations must be submitted on the Town's quotation page(s). No exceptions.
K. By submission of this bid, each bidder/proposer and each person signing on behalf of
any bidder certifies, and in the case of a joint bid each party thereto certifies as to its
own organization, under penalty of perjury, that to the best of its knowledge and belief
that each bidder is not on the list created pursuant to T.C.A. 12-12-106 Iran
Divestment Act. For reference purposes, the list is currently available online at: State
of TN_Debarred_Vendors.pdf
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SECTION II - CONCRETE WORK REQUIREMENTS
SCOPE: The contractor shall provide all labor, materials and equipment necessary for
concrete projects. This work shall consist of removal and/or installation of curb and gutter,
extruded curbing, post type curbing, sidewalks, driveway entrances and ramps, ADA
sidewalk ramps, concrete pavement, concrete drainage swales and ditches, storm drainage
structures and all incidental work associated with such items. All work projects shall be
constructed under the Standard Specifications of the Tennessee Department of Transportation
dated: January 1, 2015 with additional specifications and special provisions contained in the
construction documents including Town of Smyrna Subdivision Regulations and Standard
Drawings along with Technical Specifications of the Public Works Director.
Budgeted amount not to exceed $100,000.00, this is not a guaranteed amount. Financial
conditions might arise that would cause the Town to reduce the amount of work to be done.
1. Working hours will be from 7:00 a.m. until 5:00 p.m. Monday through Friday. Work on
Saturday may be allowed from 9:00 a.m. to 5:00 p.m. with prior approval from the
Public Works Director. No work will be allowed on Sunday unless it has been classified
as an emergency situation.
2. Individual work orders and schedules will be established for each project.
3. Once a contract has been issued all documents from that point forward will be sent to the
attention of Mr. Tom Rose, Public Works Director.
4. Unit price bid includes excavation, stone bedding, expansion material, topsoil backfill,
grades, 2-foot sod strip on each side (as applicable to each project) and all appurtenances
to complete the work.
5. Unit price bid for all items shall include all water quality, erosion and traffic control
measures inclusive of permits to comply with local, state and federal requirements.
6. Unit price bid includes excavation, stone bedding, rubberized expansion material
(ASTM d-1751-97), topsoil backfill, grades and all appurtenances to complete the work.
7. Measurement and payment of quantities shall be in accordance with Section 109 of
current edition of the Tennessee Department of Transportation Standard Specifications
for Road and Bridge Construction dated January 1, 2015 and the latest edition of the
Town of Smyrna Subdivision Regulations and Standard Drawings along with Technical
Specifications of the Public Works Director.
8. No minimum delivery quantity per project. Certain projects may contain less than 1
cubic yard.
9. All Bidders must be licensed Contractors in the State of Tennessee in strict accordance
with State regulations. All bidders shall comply with the Tennessee Contractor' License
law Section 62-6-119 (Bid documents - Required disclosure by bidders) when
submitting bids. Please refer to the State Licensing Board
https://www.tn.gov/commerce/regboards/contractor for all applicable licensing laws.
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10. Error In Bid - In case of error in the extension of prices in the bid, the unit price will
govern. No bid shall be altered, amended, or withdrawn after specified time for opening
bids. Negligence on the part of the bidder in preparing the bid confers no right for the
withdrawal of the bid after it has been opened.
11. Inspection - Final inspection and acceptance or rejection will be made at a delivery
destination, but all materials and all workmanship shall be subject to inspection and test
at all times and places, and when practicable, during construction. The right is reserved
to reject articles which contain defective material and workmanship. Rejected materials
shall be removed by and at the expense of the contractor promptly after notification or
rejection. Final inspection and acceptance or rejection of the materials shall be made as
promptly as practicable, but impose no liability on the Town of Smyrna or any
subdivision thereof for such materials as are not in accordance with the specifications.
Final inspection or acceptance does not relieve the contractor from liability for use of
materials or construction standards as are not in accordance with the specifications or
industry practices. In the event necessity requires the use of materials or supplies not
conforming to the specifications, payment therefore may be made at a proper reduction
price.
12. Specifications - it is understood that reference to available specifications shall be
sufficient to make the terms of such specifications binding on the contractor.
13. Performance And Other Bonds - CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the Contract Price as security for the
faithful performance and payment of all CONTRACTOR'S obligations under the
Contract Documents. Bond cost is the contractor's responsibility and should be included
in your bid. These Bonds shall remain in effect at least until one year after the date
when final payment becomes due, except as otherwise provided by Law or Regulation or
by the Contract Documents. All bonds signed by an agent must be accompanied by a
certified copy of the authority to act. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business
is terminated in any state where any part of the Project is located or it ceases to meet the
requirements of the preceding paragraph. CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which must be acceptable to the
TOWN.
14. Term - The term shall be for 12 months from the date of contract execution.
15. Automatic renewal clause - This agreement will automatically renew at the end of each
term for a further term of 3 years unless either party gives the other written notice of
termination at least 30 days prior to the end of the relevant term.
16. Subcontractors - The Town of Smyrna expects the contractor to perform a minimum of
70% of the work performed. Please furnish a list, with addresses, of possible
subcontractors. Estimate the percent (%) of work to be performed on this contract.
_________________________________________________________________________
_________________________________________________________________________
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The winning contractor will be required to submit names of subcontractors prior to any
work being performed. The subcontractor will have to be approved by the Public
Works Director, Tom Rose.
INSURANCE REQUIREMENTS
The Contractor shall purchase and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE
1. Workers Compensation
Workers Compensation insurance shall be in compliance with the State of Tennessee
and shall be statutory. Employers Liability shall be included with a minimum limit of
$500,000 per accident/per disease/per employee.
2. Commercial General Liability
Commercial General Liability insurance shall have a minimum limit per occurrence of
$1,000,000 and a minimum general aggregate of $2,000,000. It shall include
completed operations, product liability and personal injury liability insurance.
3. Automobile Liability
Automobile Liability Insurance shall have a minimum combined single limit per
occurrence of $1,000,000. This insurance shall include third-party bodily injury and
property damage liability for owned, hired, borrowed and non-owned automobiles.
B. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to the Town of Smyrna. The
Contractor shall be responsible for all deductibles and self-insured retentions.
C. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its elected and appointed officials, agents, employees and volunteers
shall be named as an additional insured as regards negligence by the contractor.
b. The Contractor's insurance shall be primary as respects the Town, its elected and
appointed officials, agents, employees and volunteers. Any insurance or self-
insurance maintained by the Town of Smyrna shall be excess and non-contributory
of the Contractor's insurance.
2. Workers Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Town, its elected
and appointed officials, agents, employees and volunteers for losses arising from work
performed by the Contractor for the Town of Smyrna.
3. All Coverages
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a. Coverage shall not be canceled, suspended, or voided by either party (the
Contractor or the insurer) or reduced in coverage or in limits except after 30 days
written notice has been given to the Town of Smyrna. Ten-day written notice of
cancellation is acceptable for non-payment of premium. Notifications shall comply
with the standard cancellation provisions in the Contractor's policy.
b. Neither the acceptance of the completed work nor the payment thereof shall
release the Contractor from the obligations of the insurance requirements or
indemnification agreement.
c. The insurance companies issuing the policies shall have no recourse against the
Town of Smyrna for payment of premiums or for assessments under any form of
the policies.
d. Replacement certificates, policies or endorsements shall be provided to the Town
for any such insurance expiring prior to the completion of services.
e. Any failure of the Contractor to comply with reporting provisions of the policy
shall not affect coverage provided to the Town, its elected and appointed officials,
agents, employees and volunteers.
D. ACCEPTABILITY OF INSURERS
All required insurance shall be provided by a company or companies licensed to conduct
business in the State of Tennessee. Insurance shall be underwritten by insurers with an
A.M. Best Company ratings no less than an A.
E. VERIFICATION OF COVERAGE
The Contractor shall furnish the Town with Certificates of Insurance reflecting proof of
required coverage. The Certificates for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates are to be
received and approved by the Town before work commences and upon any contract
renewal thereafter.
Upon failure of the Contractor to furnish, deliver and maintain such insurance as
requested, this contract, at the election of the Town, may be suspended, discontinued or
terminated. Failure of the Contractor to purchase and/or maintain any required insurance
shall not relieve the Contractor from any liability or indemnification under the contract.
The Certificate of Insurance naming the "Town of Smyrna" as Additional Insured shall
be addressed to the attention of:
Town of Smyrna
Department of Safety & Risk Management
ATTN: Henry Urbina
315 S Lowry St
Smyrna, TN 37167
It can also be submitted electronically to henry.urbina@townofsmyrna.org. The subject
line has to indicate the name of the project.
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The Town reserves the right to request complete certified copies of all required insurance
policies at any time.
F. SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies OR shall be
responsible for verifying and maintaining the Certificates provided by each subcontractor.
Subcontractors shall be subject to all of the requirements stated herein. The Town of
Smyrna reserves the right to request copies of subcontractor's Certificates at any time.
G. WORKERS' COMPENSATION INDEMNITY
In the event Contractor is not required to provide or is exempt from providing workers'
compensation coverage, the parties hereby agree that Contractor, its owners, agents and
employees will have no cause of action against, and will not assert a claim against the
Town of Smyrna, its elected and appointed officials, agents, employees and volunteers,
under any circumstances. The parties also hereby agree that the Town of Smyrna, its
elected and appointed officials, agents, employees and volunteers shall in no circumstance
be, or considered as, the employer or statutory employer of Contractor, its owners, agents
and employees. The parties further agree that Contractor is a wholly independent
contractor and is exclusively responsible for its employees, owners, and agents.
Contractor hereby agrees to protect, defend, indemnify and hold the Town of Smyrna, its
elected and appointed officials, agents, employees and volunteers harmless from any such
assertion or claim that may arise from the performance of this contract.
HOLD HARMLESS AND INDEMNITY REQUIREMENT:
Contractor shall indemnify and hold harmless, to the maximum extent permitted by law, the
Town of Smyrna and its officers, agents, employees, volunteers, from and against any and all
liability, damages, losses, (whether in contract or in tort, including personal injury, accidental
death or property damage, and regardless, of whether the allegations are false, fraudulent or
groundless), and costs (including reasonable attorney's fees, litigation, arbitration, mediation,
appeal expenses) which in whole or in part are caused by the negligence, recklessness or
intentional wrongful misconduct of the Contractor and persons employed by or utilized by the
Contractor in Contractor's performance of this Agreement.
The contractor further agrees to protect, defend, and save the Town, its elected and appointed
officials, agents, employees and volunteers while working in the scope of their duties as such,
harmless from and against all claims, demands, and causes of action of any kind of character,
including the cost of their defense, arising in favor of the contractor's employees or third
parties on account of bodily or personal injuries, death or damage to property arising out of
services performed or omissions of services or in any way resulting from the acts of omissions
of the contractor and/or its agents, employees, subcontractors, representative of the Town
under this agreement.
Pursuant to Tennessee Attorney General Opinion 93-01, the Town will not indemnify, defend
or hold harmless in any fashion the Contractor from any claims arising from any failure,
regardless of any language in any attachment or other document that the Contractor may
provide.
APPLICABLE LAW:
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Any contract resulting from this RFP shall be governed by and construed under the laws of
the State of Tennessee.
SMYRNA/LOCAL BUSINESS LICENSE
Compensation of more than $100,000 from contracts performed in one county by a contractor
described in Tenn. Code Ann. 67- 4-708(4)(A) will be sourced to that county and the tax
from such contracts will be distributed to that county. Compensation of $100,000 or less from
contracts performed in one county by such person will be sourced to the county of the
person's domicile or location. If the person does not have a domicile or location in Tennessee,
such compensation will be earmarked and allocated to the state's general fund.
For purposes of distribution of the municipal business tax provided for in Tenn. Code Ann.
67-4-705, receipts will be sourced to the municipality in which the person's established
physical location, outlet, or other place of business is located. Receipts from sales made by
persons operating from an established physical location, outlet, or other place of business in
one municipality who extend their operations outside the boundaries of the municipality
without establishing a physical location, outlet, or place of business outside the boundaries of
the municipality will be sourced to the municipality in which the person's established physical
location, outlet, or other place of business is located.
If the person has no established physical location, outlet, or other place of business in the
state, then such receipts will not be subject to the municipal business tax. Receipts from all
taxable sales of any services or tangible personal property by a provider of video
programming services will be sourced to the municipality where the property or service is
received by the customer regardless of whether or not the provider has a physical location,
outlet, or other place of business in that municipality.
Compensation of more than $100,000 from contracts performed in one municipality by a
contractor described in Tenn. Code Ann. 67- 4-708(4)(A) will be sourced to that
municipality and the tax from such contracts will be distributed to that municipality.
Compensation of $100,000 or less from contracts performed in one municipality by such
person will be sourced to the municipality of the person's domicile or location. If the person
does not have a domicile or location in Tennessee, such compensation will not be subject to
the municipal business tax. (From Tennessee Business Tax Guide/ Tenn. Dept. of Revenue
2019; See also, Tennessee Works Tax Act (2023), Public Chapter 377, 2023 Session of the
113th General Assembly)
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SECTION III - CONCRETE PRICE QUOTATION
Unit price bids as indicated on the following bid form sheets shall include concrete cutting,
concrete grinding, excavation, stone bedding, rubberized expansion material 9ASTM d-1751-
97, topsoil backfill, grades and all appurtenances to complete the work. Bidder acknowledges
the estimated quantities are not guaranteed, and are solely for the purpose of comparison of
bids, and final payment for all unit price bid items will be based on actual quantities provided,
and determined in the contract documents. Proposed prices will remain valid for all areas,
regardless of quantities to be installed at the particular site and at all times within the contract
period.
Proposal Evaluation Factors
The unit prices and total base bid will not be the sole determining factor for the selection of
the contractor. Other items under consideration are listed below with their importance.
If you need more space for your answer, please reference question number and submit your
response on a separate page.
1. History and resources of the company. 20%
The proposal shall give a history of the firm, particularly the history and familiarity within the
local area. This must include a list of full-time employees assigned to this project.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
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2. Experience on Similar Contracts and Projects. 20%
List project name and amount. Provide contact name and phone number.
___________________________________________________________________________
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___________________________________________________________________________
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