15kV Switches for Hwy 411 Substation BID # 20-26

City of Maryville
Purchasing Department - Utilities
332 Home Avenue
Maryville, TN 37801
(865) 273-3332
March 11, 2026
The City of Maryville (hereinafter City) will receive electronically or hard copy submitted bids until 2:00
p.m. Eastern Time, April 01, 2026, for 15kV Switches for Hwy 411 Substation. The bid opening will be held
in the Operations Center Purchasing Office located at 332 Home Avenue, Maryville, Tennessee 37801.
All prices quoted must be F.O.B. to the City of Maryville Operation Center located at 332 Home Avenue,
Maryville, TN 37801. The City of Maryville reserves the right to reject any or all bids; City reserves the right
to award on an item-by-item basis, schedule basis, all or none basis, or multiple award. City reserves the
right not to award this solicitation. Unsigned or late bids will not be considered under any circumstances.
Bids will be awarded based on price, previously demonstrated performance of products and/or services,
and ability to deliver in a timely manner.
Note on Shipping: Prices for all products shall reflect your anticipated shipping costs for the entire delivery.
NO AUTOMATIC FREIGHT OR FUEL SURCHARGE ADD-ONS WILL BE ACCEPTED. Any fuel surcharge
which you believe is necessary must be agreed upon by the City's designee prior to shipping. Failure to
deliver in a timely manner per bid specifications may result in cancellation of contracts.
SUBMIT QUESTIONS: Prospective suppliers may submit questions concerning this solicitation until 4:30
p.m. Eastern Time on March 19, 2026. Submit questions via email to Karen Smitherman at
kdsmitherman@maryville-tn.gov. After the date and time that the supplier receives this solicitation, any
contact initiated by any supplier with any City representative concerning this solicitation, other than the
Purchasing Office representative listed herein, is strictly prohibited. Any such unauthorized contact may
cause the disqualification of the supplier from this procurement transaction.
Please quote your prices in the unit of measure requested on the bid form (failure to do so will result
in bid rejection) and submit your bid to Karen Smitherman, Buyer and Strategic Sourcing Specialist, City
of Maryville at:
For paper submittals please use the mailing address:
ATTN: Karen Smitherman, 332 Home Avenue, Maryville, TN 37801
OR
For electronic submittals please use the email address:
COMsealedbid@maryville-tn.gov
Please mark the subject line "Bid No. 20-26 for 15kV Switches for Hwy 411 Substation"
Opening Date/Time: April 01, 2026, at 2:00 p.m. Eastern Time
Sincerely,
Karen D. Smitherman, NIGP-CPP, CPPB, PMP
Buyer & Strategic Sourcing Specialist
City of Maryville, Tennessee
Page 1 of 4

1. Project Overview
The successful bidder (packager) shall furnish two 15kV switches and necessary
materials for complete mounting and operation in accordance with the specifications
and drawings herein. Some steel and mounting hardware will be necessary but may
be supplied by the switch company, if preferred. See drawing for details. Switches
will be installed by the City of Maryville line crews.
2. Specifications
Three-Pole, Group-Operated, Air-Break Switches
The packager must submit their bid containing the switches specified herein. All
switches must conform to Table 3 of the American National Standards Institute
(hereinafter "ANSI") C37.32-2002 or latest edition.
All three-pole, air-break switches shown in the drawings shall be supplied per the
specifications and drawings. All air-break switches shall be furnished with gray, post-
type insulators adequate to maintain the specified switch BIL rating. Construction of
the switches shall be such that the switch operation is not unduly impaired during icing,
high temperatures, or by industrial contaminates.
The main bearings on the rotating insulator shall be equipped with enclosed dust-proof
seals. The balls shall be stainless steel on a non-corrosive race of differing hardness;
or the use of Timkin tapered roller bearings shall be use don heavy-duty switches.
Aluminum housing and races are not acceptable. The bearings may be of the dry-
type or permanently filled with grease of the Bentone grade for maintenance-free
service. Sleeve-type bushings on the main switch bearing are acceptable; only ultra-
high molecular weight polyethylene is acceptable.
Switches shall be supplied completely assembled and adjusted by the
manufacturer.
(1) Transformer Disconnect Switches (3117, 3217)
Two 15kV, three-phase, gang-operated, air-break switches shall be supplied. The
switches shall be vertical break, manually operated, aluminum or copper, and
provided with vacuum interrupters. The switches shall have a continuous current
rating of 2000 Amperes RMS at the 30 degrees Centigrade rise rating per National Electrical
Manufacturers Association (hereinafter "NEMA") standards with a BIL rating of 110
kV. Switches shall be Cleaveland/Price type V2-C or V2-CA, complete with gray
porcelain post-type insulators, upright mounting, a swing-handle operating
mechanism, inter-phase linkages and proper braided shunts for grounding the
operating handle. Switches shall be provided with vacuum interrupters for full load
interrupting capabilities of power transformers. No alternates will be accepted for this
solicitation as these will be installed into our existing plant.
3. Approval Drawings
The successful bidder must submit one set of drawings to the Owner and the Engineer
(electronic submittal is preferred) for approval no later than twelve weeks after the
contract is signed. Contact information will be provided to the awarded bidder.
Page 2 of 4

4. Material and Equipment
All structural steel shall conform to ASTM International (hereinafter "ASTM") A36-87
specifications. All bolts, except anchor bolts, shall conform to ASTM-A325-86 or
A307-86a. All structural steel pipe and square tube sections shall conform to ASTM
A53-88 grade B and ASTM A501-84, respectively. Galvanizing for all structural steel
shall conform to A123. Hot dip galvanizing for all bolts, nuts, and washers shall be
done in accordance with the latest revision of the "Standard Specifications for Zinc
Coating (Hot Dip) on Iron and Steel Hardware," ASTM A153. Excess spelter shall be
removed by centrifugal spinning. All anchor bolts shall be galvanized to at least 12
inches below the threaded surface.
All bolted electrical connections shall use stainless steel bolts, stainless steel flat
washers, stainless steel Belleville washers, and silicon bronze nuts. In all cases
that require Belleville washers, at least one shall be used on each side of the
connection. All extremely thin or extremely thick connections shall be provided with
two Belleville washers on each side of the connection. All bolts shall include
certification markings. Stainless steel flat washers shall be a minimum of 1/16" thick.
Belleville washers shall be approximately 7/64" thick and shall be work-hardened
and/or spring steel. The Contractor shall furnish the Engineer a sample of the
bolts, Belleville washers, and the flat washers for approval, as well as the spec
sheet for the Belleville washers with torque specifications for approval prior to
use or installation. The Contractor shall never exceed the Belleville washer
manufacturer's recommended maximum torque.
All bolted bus connections shall be made such that a low-resistance permanent
connection will be maintained. All adjacent surfaces of the connection shall be coated
with Alcoa No. 2 electrical joint compound of NO-OX-ID grade A special and then
abraded through the coating with a wire brush or abrasive cloth. The plated contact
surfaces shall not be scratch-brushed.
For all switches specified herein, the following table relating continuous current to
withstand/momentary current shall be used (Values taken from ANSI C37.32-2002
Table 3):
Rated Continuous Short-time Peak Asymmetrical
Current (A) Withstand (kA) Withstand (kA) Momentary (kA)
600 25 65 40
1200 38 99 61
2000 44 114 70
NOTE: All ratings are based on 30 degreesC rise.
Page 3 of 4

Bid Form
PRICING: Suppliers must complete the pricing listed below and submit the forms with their
response. Failure to do so will result in your bid being deemed non-responsive. Pricing
will include all work, equipment, and supplies to provide the products and/or services listed.
Suppliers are to provide firm pricing for each item as listed in the table below. The price listed
must include all costs associated with the work (e.g.: insurance, salaries, training, per diems,
overhead, profit, technology fees, licenses, permits [if required], training, fuel surcharges, and
vehicle costs). No further compensation will be paid by City unless authorized in writing by the
City of Maryville designee and approved by the City Manager of the City of Maryville. Written
approval must be received prior to products being delivered and/or work being scheduled or
completed.
DESCRIPTION QUANTITY PRICE PER EACH TOTAL PRICE
15kV, three-phase, gang-
operated, air-break switch 2 $ $
ADDITIONAL INFORMATION
Confirm brand name and type of
switch being bid.
Weight (per each) LBS
Delivery (ARO) Weeks
Approval Drawing Available (ARO) Weeks
We are interested in being paid via Automatic Clearing House (ACH).
Company Name: _____________________________________________
Authorizing Signature: _________________________________________
Title: _______________________________________________________
Phone: _____________________________________________________
Email: ______________________________________________________
Page 4 of 4

Invitation to Bid 20-26
Terms And Conditions of the Invitation to Bid
1. Addenda Statements or words such as must, shall, or will are
No modifications to the Invitation to Bid (ITB) shall be binding declarative statements and the vendor must comply with the
upon the City of Maryville, Tennessee (City) unless made by condition. Failure to comply with any such condition may result in
formal addendum by an authorized representative of the City of the bid being non-responsive and disqualified.
Maryville Purchasing Department. ITB addenda, if issued, will be
sent to suppliers via email. Prior to submitting a bid, it is the 7. Delivery
responsibility of the vendor to ascertain that they have received all Delivery will be F.O.B. Destination unless otherwise specified
addenda issued and respond accordingly. Addenda issued later in this ITB. This will apply to regular and normal stock items and
than 48 hours prior to ITB deadline, excluding weekends and legal special items which must be ordered direct from manufacturer. All
holidays, will result in the ITB deadline being extended. transportation charges shall be paid by the seller.
To ensure adequate service level to the people, the City
2. Availability of Requested Items requires that all goods or services ordered will be delivered when
Vendors must accept responsibility for verifying availability of specified. Time is, therefore, the essence of this contract. If
specified items prior to submission of bid. If specified items are delivery is not made or service performed at the time agreed upon,
discontinued, replaced or will not be available for an extended the City reserves the right to cancel the order and purchase
period of time, vendor shall notify the City no less than 96 hours elsewhere and hold seller accountable therefore. Repeated
prior to the ITB deadline, excluding weekends and legal holidays. instances of not meeting the stated delivery time will be just cause
for termination of the contract.
3. Award
The right is reserved, as the interest of the City may require, 8. Exceptions to Specifications
to reject any and all bids and to waive any informality in bids Any vendor taking exception to any requirement, term, or
received. The City reserves the right to: make an award on all condition of these specifications must explicitly identify each
items or on any of the items; award for an item quantity less than exception within their submittal. Failure to clearly state exceptions
the quantity proposed upon unless qualified by specific limitation will be interpreted as the vendor's agreement to fully comply with
of the vendor; make multiple awards; or to not award this ITB. all specifications as stated. Conditional or qualified submissions
Contract award, if made, shall be to the responsive, responsible are subject to rejections, either in part or in their entirety.
vendor submitting the bid that is in the best interest of the City.
(Responsive Vendor is defined as a contractor, business entity or Exceptions must be detailed on a separate document, quoting
individual who has submitted a bid that fully conforms in all the original solicitation language precisely, followed directly by the
material respects to the ITB and all of its requirements, including vendor's proposed alternative language. Do not alter, strike
all form and substance. Responsible Vendor is defined as a through, or otherwise modify the original solicitation document.
contractor, business entity or individual who has the capacity in all Exceptions provided in any other format will not be considered or
respects to perform fully the contract requirements, and the reviewed.
integrity and reliability which will assure good faith performance.)
The contract resulting from this solicitation shall be a non- 9. Federal Tax and State Sales Tax
Purchases by the City are not subject to any state sales or
exclusive contract. City reserves the right to issue multiple
federal excise taxes. Exemption certificates shall be furnished by
solicitations or purchase these products or services from other
the City upon the Contractor's request. Contractor shall be solely
sources if needed, as determined by the City Purchasing Agent.
responsible for payment of all sales and/or use taxes related to
4. Compliance with Applicable Laws materials, supplies, and services purchased or used in fulfilling this
The vendor shall comply with all laws relating to the contract. Contractor shall remit such taxes directly to the
manufacture, sale and purchases of items or services by City Tennessee Department of Revenue.
Governments insofar as they pertain to the purchase made under
10. Iran Divestment Act
this contract.
Public Chapter 817 Iran Divestment Act SB 377 - HB 261
enacts the Iran Divestment Act, 12-12-101 et seq., requiring the
5. Conflict of Interest
state chief procurement officer to publish and keep updated on its
No employee, officer or agent of the City shall participate in
website a list of persons it determines engage in investment
the selection, or award of, or administration of a contract if a
activities in Iran. Persons on that list are ineligible to contract with
conflict of interest, real or apparent, would be involved. The City's
the state or any political subdivision. By submission of this bid,
employees, officers, or agents shall neither solicit nor accept
each vendor and each person signing on behalf of any vendor
gratuities, favors, or anything of monetary value from contractors,
certifies, and in the case of a joint bid each party thereto certifies
potential contractors, or parties to sub-agreements.
as to its own organization, under penalty of perjury, that to the best
By submission of its bid, Contractor covenants that it has no
of its knowledge and belief that each vendor is not on the list
public or private interest, nor shall acquire directly or indirectly any
created pursuant to 12-12-106. If the vendor cannot make the
interest, which would conflict in any manner with the provision of
foregoing certification, the vendor shall so state and shall furnish
its goods or performance of its contractual services. Contractor
with the bid a signed statement which sets forth in detail the
warrants that no part of the total contract amount provided herein
reasons therefore. The political subdivision may make an
shall be paid directly or indirectly to any officer or employee of the
exception and award the bid if (1) the investment activities in Iran
City as wages, compensation, or gifts in exchange for acting as
occurred before July 1, 2016, have not been expanded or renewed
officer, agent, employee, subcontractor or consultant to Contractor
on or after July 1, 2016, and the vendor is implementing a formal
in connection with any goods provided or work contemplated or
plan to cease the investment activities in Iran and refrain from
performed relative to the agreement.
engaging in any new investments there, or (2) the political
6. Declarative Statements subdivision determines in writing that the goods or services are
necessary and, absent and exemption, the political subdivision
would be unable to obtain the goods or services.
City of Maryville, TN ITB 20-26 Page 1 of 5

Invitation to Bid 20-26
Terms And Conditions of the Invitation to Bid
cause for the rejection of the bid. Refurbished or remanufactured
11. Late Bids
materials will not be accepted, unless specifically authorized in the
It is the responsibility of the vendor to deliver their bid or bid
ITB.
modification on or before the ITB deadline date and time.
Modifications cannot be made to the bid after the ITB deadline.
18. Brand Names
The time of record for submittals will be the date/time stamp of the
Specifications furnished in the ITB are intended to establish a
City's email system. Late bids submitted will not be considered.
desired quality of performance level or other minimum
requirements that will provide the City with the best product
12. Litigation
available at the lowest possible price.
It is the responsibility of the vendor to disclose information
If a vendor offers an alternate, they must include the brand
regarding any current or pending litigation that its company or
name and/or model they propose to furnish and include complete
principals have been involved with for the last 5 years. This
descriptive literature and specifications that clearly describe the
responsibility shall continue throughout the term of the contract.
article offered and how it differs from the referenced brand.
Non-disclosure of pending litigation within 60-days of receipt of
Reference to literature previously furnished will not satisfy this
service of processor being filed is grounds for contact termination.
provision.
13. Modification or Withdrawal of Bids
Prior to the ITB submittal deadline, vendors may modify or UNLESS VENDOR SPECIFIES OTHERWISE IN THEIR BID,
extract their electronic bid. IT WILL BE UNDERSTOOD THAT THEY ARE OFFERING THE
REFERENCED BRAND ITEM AS STATED. The City alone
14. Non-Collusion reserves the right to determine whether a substitute offer is
The requirements of State and Federal Antitrust Law, as well equivalent and meets the standards of quality and suitability to the
as the terms and conditions of this ITB, require that all decisions City's needs as indicated by the brand referenced. A sample or
made as to matters concerning this ITB be made on an individual demonstration may be required at the expense of the vendor.
firm basis. By signing this bid, the vendor certifies that no
company employees, agents, or representatives have colluded in 19. Bid Acceptance
any respect with any other person or firm as to the terms and Prices bid shall be held firm and subject to acceptance by the
conditions of the company's submittal. Any concerted activity with City for a period of 90 calendar days from the ITB deadline, unless
respect to this bid will be reported to the Antitrust Division of the vendor indicates otherwise in their bid. If awarded the ITB within
Office of the Attorney General, State of Tennessee. the time frame specified, vendor agrees to furnish all
supplies/services described or specified.
15. Notification to City
If no bid is to be submitted in response to this ITB, it is not 20. Public Information
necessary to return the ITB or notify the City. The vendor understands that any material supplied to the City
may be subject to public disclosure under the Tennessee Open
16. Preparation of Bids Records Act, T.C.A. 10-7-501 et seq.
(A) Vendors are expected to examine all ITB documents.
Failure to do so will be at the vendor's risk. 21. Qualifications of Vendors
(B) Each vendor shall furnish all information required by the The City may make such investigations as are deemed
ITB. Bids that are incomplete or submitted on forms other than the necessary to determine the ability of the vendor to perform the
specified forms may be deemed non-responsive. work and the proposer shall furnish all such information and data
(C) Each item must be priced separately. Unit prices must for this purpose as the City may request. The City reserves the
be shown and shall include freight unless otherwise specified in right to reject any bid if the evidence submitted by or investigation
the ITB. In case of discrepancy between any unit price and an of such vendor fails to satisfy the City that such vendor is properly
extended price, the unit price shall govern. qualified to carry out the obligations of the contract and to complete
(D) Alternate bids for supplies or services other than those the work contemplated therein.
specified will not be considered unless authorized by the ITB.
(E) Vendor must state a definite time for delivery of supplies 22. Restrictive or Ambiguous Specifications
or for performance of services unless otherwise specified in the It is the responsibility of the prospective vendor to notify the
ITB. City Purchasing designee if there is a question as to the
(F) Delivery time, when stated as a number of days, will specifications or solicitation procedures being formulated in a
include Saturdays, Sundays, and holidays. manner that would unnecessarily restrict competition. Any such
(G) Vendors are cautioned to check their submittal for question must be received no less 96 hours prior to the ITB
possible error. Errors discovered after opening cannot be deadline, excluding weekends and legal holidays. These
corrected and the vendor will be required to honor their pricing or requirements also apply to specifications or procedures that are in
be subject to disqualification for award. error or ambiguous.
(H) Each bid must include the full name and business
address of the vendor and be signed, in ink, by the official of the 23. Subcontracts
company authorized to bind the company in contract. Subcontractors will generally not be permitted. The vendor is
specifically advised that any person, firm, or other party to whom
17. New Material it is proposed to award a subcontract under this contract must be
Unless specified otherwise in the solicitation documents, acceptable to and approved by the City. Any approved
contractor(s) must provide new supplies. New, as used in this subcontractor will be required to adhere to the same policies as
clause, means previously unused materials. Material includes, but the contractor (e.g. licensing and insurance).
is not limited to, raw material, parts, items, components, and end
products. Vendor submission of other than new materials may be 24. Submissions of Bids
City of Maryville, TN ITB 20-26 Page 2 of 5

Invitation to Bid 20-26
Terms And Conditions of the Invitation to Bid
(A) City does not accept responses to this Request for Bids
by facsimile or email (other than the email listed herein).
(B) See Clause 12 under Terms and Conditions of the
Invitation to Bid regarding bid modifications or withdrawal.
(C) Samples of items, when required, must be submitted
within five (5) calendar days of request and at no expense to the
City unless otherwise specified by the City. If not consumed by
testing, samples will be returned at vendor's request and expense
unless otherwise specified in the ITB.
(D) The vendor must comply with all ITB instructions and
provide sufficient detail for the response to be properly evaluated.
Any deficiencies in this regard will be determined by the City
Purchasing Agent to be either a defect that the Agent can waive or
that the response can be sufficiently modified to meet the ITB
requirements.
End Section~
City of Maryville, TN ITB 20-26 Page 3 of 5

Invitation to Bid 20-26
Terms And Conditions of Purchase
1. Acts of God financial assistance or any other funding source on the grounds of
Neither party shall be liable for delays, or defaults in the race, color, sex, national origin, or ancestry. By virtue of
performance of this contract due to Acts of God or the public submitting a response to this solicitation, vendors agree to comply
enemy, riots, strikes, fires, explosions, accidents, governmental with the same non-discrimination policy.
action of any kind or any other causes of similar character beyond
their control and without their fault or negligence. 7. Governing Law and Venue
Any contract awarded or agreement entered into as a result
2. Appropriation of the ITB shall be governed and interpreted pursuant to the laws
The City recognizes that the actions of a council in a current of the State of Tennessee, without regard to conflict of law
budget year cannot bind a future council to a particular course of principles. Such contract shall govern the construction,
action in a future budget year, except in certain specific instances, interpretation and performance of any such contract or agreement.
such as the issuance of general obligation indebtedness. For that Further, any and all legal proceedings or litigation arising out of or
reason, each contract entered into that requires payment to be in conjunction with any such contract or agreement reached as a
made in a future budget year must contain a non-appropriation result of this ITB, shall have venue in Blount County, Tennessee,
clause. As defined hereinbefore, such a clause essentially and any such legal proceeding shall be brought in Blount County,
provides that if a future council fails to appropriate sufficient funds Tennessee. The successful proposer agrees to the jurisdiction of
to meet a contractual obligation for that future budget year, the the Blount County, Tennessee courts.
contract can be terminated without penalty to the delivery of a
product or service in a future budget year are not subject to this 8. Indemnification and Insurance
provision. Contractor agrees to carry liability and Worker's
Compensation insurance satisfactory to the City and to indemnify
3. Bankruptcy or Insolvency the City against all liability, loss and damage arising out of any
In the event of any voluntary or involuntary proceedings by or injuries to persons and property caused by the Contractor, his
against either party in bankruptcy or insolvency, or for the employees or agents. The Contractor will furnish written evidence
appointment of a receiver, trustee or an assignee for the benefit of of such insurance coverage as requested.
creditors of the property of seller, or in the event of breach of any Any and all obligation of City to provide indemnification is
of the terms hereof including the warranties of the seller, the City subject to the limits of liability set forth in the Tennessee
may cancel this contract or affirm the contract and hold the seller Government Tort Liability Act found at T.C.A. 29-20-101 et. seq.
responsible for damages. and City's obligation to provide indemnification is limited to the
limits of liability set forth for a governmental entity under said Act.
4. Contract
Contract documents must be in writing and accepted by both 9. Independent Contractor
parties. The City Purchasing Agent is the agent of the City with Contractor shall acknowledge that it and its employees serve
authorization to modify the contract. Contract documents must be as independent contractors and that City shall not be responsible
signed by the City Purchasing Agent. These signature lines are to for any payment, insurance, or incurred liability.
be included on contract documents submitted to the City.
Authorization to furnish goods/services will be made via 10. Inspection and Acceptance
purchase order signed by the City Purchasing Agent and Finance The Contractor shall be responsible for all material or service
Director or other designated personnel. until they are delivered and accepted. No material or service
received by the City pursuant to this contract shall be deemed
5. Definitions accepted until the City has had a reasonable opportunity to inspect
(A) The "City" is Maryville, Tennessee, and includes its said material or service. All material discovered to be defective or
designated representatives. does not conform to any warranty of the seller herein, upon initial
(B) The "Contractor" is those mentioned as such "contractor, inspection or at any later time if the effects contained in the
seller, vendor, supplier", in the contract and includes their material were not reasonably ascertainable upon inspection, may
designated representatives. be returned at the seller's expense for full credit or replacement.
(C) The "Specifications" includes instructions to vendors, the No goods returned as defective will be replaced without buyer's
terms and conditions of purchase, the definitions and the technical written authorization. Such return shall in no way affect the City's
specifications of the work. discount privileges or exclude any other legal, equitable or
(D) A "Subcontractor" is a person, firm or corporation having contractual remedies the City may have therefore. Performance
a contract with the Contractor to furnish labor and materials or of services shall be completed to the City's satisfaction.
both, or who performs services of the project.
(E) "Calendar Days" are consecutive days, as occurring on a 11. Invoices
calendar, without regard to the day of the week, month, year, or Invoices shall be submitted to the physical address or email
holidays. address as stated in ITB or noted on Purchase Order. Invoices
(F) The National Institute of Governmental Purchasing shall contain the following information: purchase order number,
(NIGP) Online Dictionary of Procurement Terms, at www.nigp.org, item number, contract description of supplies or services,
will govern on questions as to any other definition in this contract. quantities, unit prices and extended totals. Delay in receiving
invoices and errors in omissions on statements or invoices will be
6. Equal Opportunity considered just cause for withholding settlement without losing
It is the policy of the City to ensure compliance with Title VI of privileges.
the Civil Rights Act of 1964, 49 CFR, Part 21 and related statutes Any language contained on any invoice, shipping order, bill of
and regulations to the end that no person shall be excluded from lading or other document furnished by the seller at any time and
participation in or be denied benefits of, or be subjected to the acceptance by the City of any goods/services to be furnished
discrimination under any program or activity receiving Federal hereunder accompanied by any such document shall not be
City of Maryville, TN ITB 20-26 Page 4 of 5

Invitation to Bid 20-26
Terms And Conditions of Purchase
construed as an acceptance by the City of any terms or conditions 20. Right to Inspect
contained in such document which are inconsistent with the terms City reserves the right to make periodic inspections of the
and conditions set forth in this ITB. Any different or additional manner and means the service is performed or the goods are
terms contained in the seller's acceptance are hereby objected to. supplied.
12. Limitations of Liability
In no event shall City be liable for any indirect, incidental, 21. Severability
consequential, special, or exemplary damages or lost profits, even If any provision of this Contract is declared illegal, void, or
if City has been advised of the possibility of such damages. unenforceable, the remaining provisions shall not be affected but
shall remain in force and in effect.
13. Notice
Any notice pertaining to any part of this contract will be in 22. Termination of Contract
writing and approved by both parties. There will be no verbal If the Contractor or any of his subcontractors fails to perform
authorizations. or comply with any provision of this contract, the City may consider
such failure or noncompliance a breach of contract and reserves
14. Packaging the right to terminate the contract at any time, in whole or in part,
The City will not be liable for any charges for packaging, in the sole judgment and discretion of the Purchasing Agent. City
crating, carting, drayage, or storage in excess of the purchase expressly retains all its rights and remedies provided by law in
price of this order unless stated otherwise herein. case of such breach, and no action by City shall constitute a waiver
of any such rights or remedies. If the contract is so terminated, the
15. Patents City may purchase, upon such terms and in such manner as the
The seller guarantees that the articles described herein and City Purchasing Agent may deem appropriate, supplies or services
the sale or use of them will not infringe upon any U.S. or foreign similar to those so terminated and the Contractor will be liable for
patent and seller covenants that they will, at their own expense, excess cost occasioned thereby. The City reserves the right to
defend every suit which may be brought against the City, or those award a contract to the next best responsive and responsible
selling or using the City's product (provided seller is promptly proposer from this ITB should the contract be terminated for due
notified of such suit and all papers therein are delivered to the cause or cancelled or not renewed by the Contractor.
seller) for any alleged infringement of any patent by reason of the The contract may be cancelled without cause by either party
sale or use of such articles and seller agrees that they will pay all with the giving of written notice of no less than 60 calendar days.
costs, damages and profits recovered in any such suit. From this notice to the termination date, the Contractor shall fulfill
any service requirements and shall be compensated for such.
16. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law 23. Warranty
to be inserted in this contract will be deemed to be inserted herein The seller expressly warrants that all goods and work covered
and the contract will be read and enforced as though it were by this contract will conform to each and every specification,
included herein, and if through mistake or otherwise any such drawing, sample or other description which is furnished to or is
provision is not inserted, or is not correctly inserted, then upon the adopted by the City and that they will be fit and sufficient for the
application of either party the contract will forthwith be physically purpose intended, merchantable, of good material and
amended to make such assertion or correction. workmanship, and free from defect. Such warranty shall survive
delivery and shall not be deemed waived either by reason of the
17. Quantities City's acceptance of said goods or work or by payments for them.
The City assumes no obligation for articles or materials
shipped in excess of the quantity ordered hereunder. Any
unauthorized quantity is subject to the City's rejection and return ~End Section~
at seller's expense.
18. Registration
All awarded suppliers must be registered with the City
Purchasing Office prior to a PO being issued or a contract being
executed. All suppliers must submit a copy of their company's
current W-9 with their ITB response. Upon completion, it is the
responsibility of the vendor to keep their information current with
the City Purchasing Office. The City may request that the vendor
registration be completed prior to contract award.
19. Remedies
City shall have all rights and remedies afforded under the
U.C.C. and Tennessee law in contract and in tort, including but not
limited to, rejection of goods, rescission, right of set-off, refund,
incidental, consequential and compensatory damages and
reasonable attorney's fees.
City of Maryville, TN ITB 20-26 Page 5 of 5