Roadway Patching Repairs

LEGAL NOTICE
INVITATION TO BIDDERS
The Town of Smyrna will accept bids on the Roadway Patching Repairs. The project will
consist of the following general items:
Roadway repair patches shall be performed on existing roadways due to roadway cuts for
utility installations, pot holes and/or pavement failures. Traffic control, erosion control,
materials cost and installation, coordination, insurance, labor and all other required items
shall be included within the unit bid cost for square yards of roadway patch repairs. Items of
work as described above and as directed by the Town of Smyrna representative will be
performed at different locations throughout the Town of Smyrna.
Sealed bids will be accepted until 9:00 AM on June 10, 2026 at which time bids will be publicly
opened and read aloud. All bids must be marked in a sealed envelope and mailed or hand
delivered to:
Purchasing Department
Smyrna Town Hall
Roadway Patching Repairs
315 South Lowry Street
Smyrna, TN 37167
Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, Forms of Bonds
and other contract documents may be examined at the following locations:
Smyrna Public Works Department
Tom Rose, Director
315 South Lowry Street
Smyrna, TN 37167
615-459-9742 Ext. 2163
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
62-6119 (Bid documents - Required disclosure by bidders) when submitting bids. Please refer
to State Licensing Board https://www.tn.gov/commerce/regboards/contractors.html for all
applicable licensing laws.
Bidders may be required to obtain a Smyrna Business License. Refer to the contract
documents for criteria.
All bidders shall adhere to Title VI of the Civil Rights Act enacted in 1964 which states that "No
person in the United States shall, on grounds of race, color, or national origin, be excluded

from participation in, be denied the benefits of, or subjected to discrimination under any
program or activity receiving federal financial assistance", state of Tennessee funding, and/or
funded by the Town of Smyrna. In addition, 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.
Bids may not be withdrawn for ninety (90) days after the actual date of the opening. The Town
of Smyrna reserves the right to reject any or all bids to waive technicalities or informalities or
accept any presented which meet or exceed the specifications, and/or which would be in the
best interest of the Town and will not necessarily be bound to accept the low bid.
SUBMITTED BY: Sierra Lowry
Finance Director
TO BE RUN: May 19, 2026

GENERAL SCOPE OF WORK
GENERAL INFORMATION
A. The Town of Smyrna desires annual repair of roadway work for the Street Department.
Smyrna Town Hall location:
315 South Lowry Street
Smyrna, TN 37167
Questions should be directed to the Public Works Superintendent (615) 459-9730 or the
Public Works Director (615) 459-9742 ext. 2163.
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 bid
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. Freight shall be paid by vendor and should be included in unit price bid.
E. The Town is a tax-exempt organization.
F. Mail is delivered after 11:00 a.m. Monday through Friday.
G. The Town reserves the right to bid specific road projects separately from this contract at its
discretion.
H. 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.
I. Bid quotations must be submitted on the Town's quotation page(s). No exceptions.
J. 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

ROADWAY PATCHING REPAIR WORK REQUIREMENTS
SCOPE: The contractor shall provide all labor, materials and equipment necessary for general
construction and repair of roadway within the Town of Smyrna. All work projects shall be
constructed under the latest version of the Standard Specifications of the Tennessee Department
of Transportation for Road and Bridge Construction and the latest edition of the Town of Smyrna
Subdivision Regulations and Standard Drawings along with Technical Specifications of the Public
Works Director.
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 Smyrna
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 area and locations.
3. Once a contract has been issued all documents from that point forward will be sent to the
attention of the Public Works Director.
4. Unit price bid includes saw cutting of existing pavement, excavation and disposal of
materials, stone bedding, bituminous prime coat, asphalt binder mix, bituminous tack coat
and asphalt topping mix, cleanup and required compaction on base stone, surge stone, and
asphalt, traffic control and reinstallation of traffic markings with thermoplastic markings.
a. The unit price bids shall also include compacted crushed stone base material to be
installed to the top of the excavated roadway patching repair areas to a level
matching the existing asphalt (where applicable) as to allow traffic flow across these
areas until the contractor has scheduled his paving work. The contractor shall
maintain these areas until the paving operations begin at each repair area. At the
beginning of paving operations, the crushed stone base material (approximately 4.5
inches) shall be removed to a depth where the bituminous prime coat is to be
installed and at the elevation where the installation of the binder mix is to begin.
This stone shall be disposed of by the contractor and will not be allowed to be
utilized in other repair areas. This work will also include thermoplastic traffic
markings replacing any marking damaged by the repairs, erosion control, traffic
control with appropriate signage and flagmen in accordance with MUTCD standard,
cleanup and any other work incidental to the repairs. The contract bid items are
further described as follows:
b. The Roadway Patching Repairs Bid Item for this project will include methods of
neatly saw cutting the area to be excavated/repaired, excavating of the existing
pavement, stone, soil, and materials along with disposal by the contractor,
compaction of the existing subgrade, surge stone, and/or stone base, installation
of 10-inches crushed stone (TDOT Type A Grading D pug mill mix) installed in
applicable compacted lifts, bituminous tack coat (TDOT 403) applied to the edges
of the existing pavement to create a sealer between the existing pavement and
the new pavement, installation of 6-inches of asphalt binder mix (TDOT 307 B-
modified) in two 3-inch compacted lifts, and installation of 1.5 inches of

compacted asphalt topping mix (TDOT 411-E). This work will also include
thermoplastic traffic markings replacing any marking damaged by the repairs,
erosion control, traffic control with appropriate signage and flagmen in accordance
with MUTCD standards, cleanup and any other work incidental to the repairs.
5. Unit price bid for all items shall include all water quality, erosion and traffic control measure
inclusive of permits to comply with local, state and federal requirements.
6. Measurement and payment of quantities shall be in accordance with the contract bid
documents, Section 109 of the current edition of the Tennessee Department of
Transportation Standard Specifications for Road and Bridge Construction and the latest
edition of the Town of Smyrna Subdivision Regulations and Standard Drawings along with
Technical Specifications of the Public Works Director.
7. No minimum patch repair per project area or location. Certain projects may contain less
work than other locations and shall be directed by the Town of Smyrna.
8. Bidding will be in accordance with the Tennessee General Contractor's License Law. Bidders
on construction to the amount of $25,000.00 or more must be licensed contractors as
required by chapter 135 of the public acts of 1945 of the General Assembly of the State of
Tennessee, Article I, and amendments thereto. Bidder's name and license number must be
placed on the front of the sealed envelope containing his proposal otherwise the bid will
not be opened.
9. 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.
10. 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 of 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 of price.
11. Specifications - it is understood that reference to available specifications shall be sufficient
to make the terms of such specifications binding on the contractor.
12. Term - The term of the contract bid shall be for 12 months from the date of contract
execution. Upon mutual agreement of both parties the bid quotes may be renewed by the
Town of Smyrna for two additional 12-month periods.

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)
INSURANCE REQUIREMENTS
The Vendor or 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 Vendor or 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. It shall also include coverage for loading and
unloading hazards.
B. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to the Town of Smyrna. The Vendor or
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 vendor or contractor.
b. The Vendor or 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 Vendor or 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 Vendor or Contractor for the Town of Smyrna.
3. All Coverages
a. Prior to commencement of services, the Vendor or Contractor shall furnish the Town with
original certificates and amendatory endorsements effecting required coverage.
b. Such insurance shall be maintained from the time services commence until services are
completed. Failure to maintain or renew coverage or to provide evidence of renewal may
be treated by the Town as a material breach of contract.
c. Replacement certificates, policies or endorsements shall be provided to the Town for any
such insurance expiring prior to the completion of services.
d. Coverage shall not be canceled, suspended, or voided by either party (the
Vendor/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 Vendor or Contractor's policy.
e. 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.

f. Neither the acceptance of the completed work nor the payment thereof shall release the
Vendor or Contractor from the obligations of the insurance requirements or
indemnification agreement.
g. Any failure of the Vendor or 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 Vendor or 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 Vendor 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 Vendor to purchase and/or maintain any required insurance shall not relieve the Vendor 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.
The Town reserves the right to request complete certified copies of all required insurance policies
at any time.
F. SUBCONTRACTORS
Vendor or 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 Vendor or Contractor is not required to provide or is exempt from providing workers'
compensation coverage, the parties hereby agree that Vendor or 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 Vendor, its owners, agents and employees. The parties further
agree that Vendor or Contractor is a wholly independent vendor and is exclusively responsible for
its employees, owners, and agents. Vendor or 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:
Vendor 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 Vendor and persons employed by or utilized by the Vendor in Vendor's
performance of this Agreement.
The vendor 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 vendor'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 vendor
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 Vendor from any claims arising from any failure, regardless of any
language in any attachment or other document that the Vendor may provide.
APPLICABLE LAW:
Any contract resulting from this ISQ shall be governed by and construed under the laws of the State
of Tennessee.

BID PROPOSAL
TOWN OF SMYRNA, TENNESSEE
ROADWAY PATCHING REPAIRS
Place: Town of Smyrna
Town Hall
315 South Lowry Street
Smyrna, TN 37167
Proposal of _________________________________________________ (hereinafter referred to as
"Bidder"), a corporation / partnership / individual (STRIKE OUT INAPPLICABLE TERMS) doing
business as______________________________________________ within
____________________________________________ (COUNTY AND STATE).
To: Sierra Lowry (Finance Director)
Town of Smyrna
315 South Lowry Street
Smyrna, TN 37167
Mrs. Lowry:
The Bidder, in compliance with your Advertisement for Bids for the TOWN OF SMYRNA, TENNESSEE
(Owner), ROADWAY PATCHING REPAIRS, having examined the drawings and specifications with
related documents and the sites of the proposed work, and being familiar with all of the conditions
surrounding the construction of the proposed project (including the availability of materials and
labor), hereby proposes to furnish, as applicable, all labor, materials, and supplies to construct the
project in accordance with the Contract Documents within the time set forth therein and at the
prices stated below. These prices are to cover all expenses incurred in performing the work
required under the bidding instruments, of which this proposal is a part.
The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith,
without collusion or connection with any other person or persons bidding for the same work, and
that it is made in pursuance of and subject to all the terms and specifications, and the drawings
pertaining to the work to be done, all of which have been examined by the undersigned.
The Bidder hereby agrees to commence work under this contract on or before a date to be
specified in a written "Notice to Proceed" and to perform the work in accordance with an annual
contract basis in which work will be completed in a timely manner as the repair areas and locations
are directed to the contractor by the Owner. The term of the contract bid shall be for 12 months
from the date of contract execution. Upon mutual agreement of both parties the bid quotes may
be renewed by the Owner for two additional 12-month periods.
The Bidder hereby agrees that preference will be given to domestic Construction materials and
further agrees to require subcontractors, materialmen, and suppliers to also give preference to
domestic construction materials.