1-17290 Pond Creek Flood Pump Station Water Line Bid Document.pdf

Rev. Date: 10/04/2022

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LOUISVILLE & JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT

INVITATION TO BID

Sealed Bids will be received electronically by Louisville and Jefferson County Metropolitan Sewer District, for the construction of Pond Creek Flood Pump Station Water Line Project Contract No. 17290 , Budget ID No. F25128, Drawing Record No. / Sheet No. 17290/1-6, until 10:00 AM, Local Time, Tuesday, August 19, 2025, and will be publicly opened and read at that time. The public may attend the bid opening via teleconference call at 502-654-8113 (Dial-in Number) Conference ID: 860 189 418#.

MSD is using a web-based portal for accepting and evaluating bid proposals digitally at https://louisvillemsd.bonfirehub.com/portal for this Invitation to Bid. Documents may be uploaded at any time during the open period indicated for each proposal.

Description and location of Project: The installation of 2468 + LF of 6-inch water line and other appurtenance work. All work shall be done in accordance to MSD's Standard Specifications.

There will be a non-mandatory pre-bid meeting held for this project. The pre-bid meeting will be held on Tuesday, August

5, 2025 at 2:00 PM at the Pond Creek Flood PumpStation /7805 Stites Station Road (Highway 44), West Point, KY 40177. .

The Engineer’s Construction Cost Estimate for this project is between $ 400,000.00 and $ 500,000.00 .

Proposal forms, including Specifications and Instructions for Bidders, may be obtained from MSD’s designated web portal at https://louisvillemsd.bonfirehub.com/portal.

Persons wishing to view the bid documents may do so online at https://louisvillemsd.bonfirehub.com/portal or at the following locations:

Builders Exchange of Louisville, Inc., 2300 Meadow Drive; Associated Builders & Contractors of Kentuckiana, 1810 Taylor Avenue; and F. W. Dodge, 1812 Taylor Avenue; all located in Louisville, Kentucky; and the Associated General Contractors of Kentucky, 2321 Fortune Drive, Suite 112, Lexington, Kentucky.

The Project Manager for this Invitation to Bid is Joshua A. Dickerson All inquiries and questions prior to the bid opening shall be directed, in writing, to MSD's designated web portal at https://louisvillemsd.bonfirehub.com/portal Questions received less than five days prior to the date for opening of bids may not be answered. Only answers by formal written Addenda posted on MSD’s designated web portal will be binding. Oral and other interpretations or clarifications will be without legal effect. All inquiries and questions between the bid opening and the contract awarding shall be directed, in writing, to MSD's Chief Engineer, David Johnson, P.E.

MSD SUPPLIER DIVERSITY MINORITY AND WOMAN BUSINESS ENTERPRISE PROGRAM POLICY AND

PROCEDURES MANUAL (MBE/WBE PROGRAM) - FOR CONSTRUCTION CONTRACTS $200,000 AND GREATER for Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) subcontracting participation. Effective June 1, 2020, MSD has adopted and implemented the MSD Supplier Diversity Minority and Woman Business Enterprise Program Policy and Procedures Manual (MBE/WBE Program), modifying the MBE and WBE participation goals on construction services and construction-related services, in accordance with the MSD Disparity Study (Study). The Study provided the factual predicate for MSD to establish new MBE and WBE goals in MSD contracting. The MSD MBE\WBE Program subcontracting goals are listed below:

If selected as applicable below, the Contractor must subcontract at least 18.0% of the total amount of the Contract Bid price to certified African American minority-owned businesses, at least 2.0% of the total amount of the Contract Bid price to certified Asian-Indian American minority-owned businesses, and at least 15.0% total amount of the Contract Bid price to certified Caucasian Female businesses. If the Contractor is unable to meet the goals, they must demonstrate adequate “GOOD FAITH EFFORTS” in accordance with the MSD Supplier Diversity Minority and Woman Business Enterprise Program Policy and Procedures Manual (MBE/WBE Program) – see MSD MBE/WBE Program - Construction Subcontracting Goal Documents and Forms at https://louisvillemsd.org/SupplierDiversity/forms

All inquiries and questions prior to the bid opening shall be directed, in writing, MSD's designated web portal at https:// louisvillemsd.bonfirehub.com/portal

MSD SUPPLIER DIVERSITY PROGRAM: Applicable

The MSD MBE/WBE Program is effective June 1, 2020. If selected as applicable above, the goals are as follows:

https://louisvillemsd.bonfirehub.com/portal https://louisvillemsd.bonfirehub.com/portal https://louisvillemsd.bonfirehub.com/portal https://louisvillemsd.bonfirehub.com/portal https://louisvillemsd.org/SupplierDiversity/forms

Rev. Date: 10/04/2022

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18.0% MBE – African American, 2.0% MBE – Asian-Indian American and 15.0% WBE - Caucasian Female participation respectively required for this project.

MBE and WBE businesses are encouraged to bid on this project as a prime contractor.

MSD BID DISCOUNT: Applicable

This MSD construction project is bid and advertised as: check applicable box below

Construction Services Construction-related Services

LOCAL LABOR COMMITMENT PREFERENCE: No

COMMUNITY BENEFITS PROGRAM No

The contract will be awarded on the basis of the lowest, responsive, responsible bid, subject to the approval of the MSD Board.

MSD reserves the right to reject any or all bids or waive any informality in any bid.

LOUISVILLE AND JEFFERSON COUNTY

METROPOLITAN SEWER DISTRICT

David Johnson, P.E. Rene' Lindsay, CPPO Chief Engineer Chief Procurement Officer

CONTRACT NO. 17290

LOUISVILLE AND JEFFERSON COUNTY

METROPOLITAN SEWER DISTRICT

INFORMATION FOR BIDDERS

PROPOSAL

CONTRACT

SPECIFICATIONS

FOR THE CONSTRUCTION OF

Pond Creek Pump Station Water Line Project

RECORD NO. 17290 SHEETS 1-6

#02 - Bid Bond (Record#17290).doc Rev.8/12/2008 Page 1 of 1

BID BOND

WHEREAS, as surety (“Surety”), located at and as principal (“Bidder”), located at enter into, execute this bond (“Bid Bond”), and bind themselves, their heirs, administrators, executors and successors, jointly and severally, in favor of the LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT as obligee (“MSD”), in the penal sum of

$ Dollars ( Dollars and Cents) as of (date of bid opening) [Insert Penal Sum, which shall be greater than or equal to 7.5% of the Total Bid]

WHEREAS, the Bidder has submitted a Bid for construction of and, WHEREAS, the MSD has required the Bidder to furnish this Bid Bond containing the terms and conditions set forth herein as a condition to submission of the Bid;

NOW, THEREFORE, the Surety and the Bidder, for themselves, their heirs, administrators, executors and successors, jointly and severally, agree that if the MSD accepts the Bid of the Bidder and delivers to the Bidder a Notice of Award, and the Bidder, within 10 calendar days after receipt of such Notice of Award, has not executed a contract with the MSD in accordance with the terms of such Bid and furnished such bonds as may be specified in the Bid Documents or the proposed contract with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof and for the requisite maintenance of the Work, then the Surety and the Bidder shall pay to the MSD the penal sum set forth above as liquidated damages and not as a penalty.

BIDDER

SEAL

[Typed Name]

BY:

[Signature of Authorized Signatory]

[Printed Name, Title, and Address]

[Date of Execution]

SURETY

SEAL

[Typed Name]

BY:

[Signature of Authorized Signatory]

[Printed Name, Title, and Address]

[Date of Execution]

END OF SECTION

NON-DISCRIMINATION REQUIRED OF COMPANIES

FURNISHING MATERIALS, EQUIPMENT, ETC.

TO MSD'S CONTRACTORS OR BIDDERS

The Louisville and Jefferson County Metropolitan Sewer District has no objection to a Contractor or a Bidder purchasing materials, equipment, etc., from any company or organization it may desire, provided that such materials, equipment, etc., comply with the specifications and special provisions contained in the contract under which it desires to perform services for the Metropolitan Sewer District; and provided that no such materials, equipment, etc., shall be bought from any company or organization which discriminates on the basis of race, religion, color, sex, age, or national origin, or fails to comply with Section 402 of the Vietnam Era Veterans Readjustment Assistance Act or Section 503 of the Rehabilitation Act of 1973.

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POLREV/paf 9/97

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PERFORMANCE BOND

as surety ("Surety"), and [Insert Proper Name of Surety]

_______________________________ as principal ("Contractor"), [Insert Proper Name of Contractor] enter into, execute this bond ("Performance Bond"), and bind themselves in favor of the

LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, as obligee

("MSD"), in the penal sum of as of the ___________________________.

[Insert Penal Sum] [Insert Date of Construction Contract]

WHEREAS, the Contractor has executed a contract with the MSD of even date herewith

("Construction Contract") for construction of the ___________________ (“Project”) and

WHEREAS, the MSD has required the Contractor to furnish this Performance Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor;

NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree:

1.

The Construction Contract is hereby incorporated herein and by reference made a part hereof to the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract including without exception all of its terms and conditions, both express and implied, specifically including, without limitation, the prevailing hourly wage requirements in accordance with the provisions of K.R.S.

Chapter 337.

2.

If the Contractor is in default of the Construction Contract and the MSD, by written notice to the Contractor and the Surety, declares the Contractor to be in default and terminates the right of the Contractor to proceed, the Surety shall thereupon promptly notify the MSD in writing as to which of the actions permitted to the Surety in Paragraph 3 it will take.

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3.

Upon the default and termination of the Contractor and notice to the Contractor and Surety as provided in Paragraph 2 above, the Surety shall within 30 days proceed to take one or, at its option, more than one of the following courses of action:

(A) Proceed itself, or through others acting on its behalf, to complete full performance of the Construction Contract including, without limitation, correction of defective and non conforming work performed by or on behalf of the Contractor. During such performance by the Surety, the MSD shall pay the Surety from its own funds only such sums as would have been due and payable to the Contractor in the absence of the default and termination;

(B) Applicable law permitting, and with the prior written consent of the MSD, obtain bids or proposals from Contractors previously identified as being acceptable to the MSD, for full performance of the Construction Contract. The Surety shall furnish the MSD a copy of such bids or proposals upon receipt of same. The Surety shall promptly select, with the agreement of the MSD, the best responsive bid or proposal and shall promptly tender the contractor submitting it, together with a contract for fulfillment and completion of the Construction Contract executed by the completing contractor, to the MSD for the MSD's execution. Upon execution by the MSD of the contract for fulfillment and completion of the Construction Contract, the completing contractor shall furnish to the MSD a performance bond, a separate payment bond and a separate maintenance bond, each in the form of those bonds previously furnished to the MSD for the Project by the Contractor. Each such bond shall be in the penal sum of the (1) fixed price for completion, (2) guaranteed maximum price for completion, or (3) estimated price for completion, whichever is applicable. The MSD shall pay the completing contractor from its own funds only such sums as would have been due and payable to the Contractor under the Construction Contract as and when they would have been due and payable to the Contractor in the absence of the default and termination. To the extent that the MSD is obligated to pay the completing contractor sums which would not have then been due and payable to the Contractor under the Construction Contract, the Surety shall provide the MSD with such sums in a sufficiently timely manner that the MSD can utilize such sums in making timely payment to the completing contractor; or,

(C) Take any and all other acts, if any, mutually agreed upon in writing by the MSD and the Surety.

4.

In addition to those duties set forth herein above, the Surety shall promptly pay the MSD all loss, costs and expenses resulting from the Contractor's default(s), including, without limitation, fees, expenses and costs for architects, engineers, consultants, testing, surveying and attorneys, liquidated or actual damages, as applicable, for delay in completion of the Project, and fees, expenses and costs incurred at the direction, request, or as a result of the acts or omissions of the Surety.

5.

In no event shall the Surety be obligated to the MSD hereunder for any sum in excess of the Penal Sum.

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6.

The Surety waives notice of any changes to the Construction Contract including, without limitation, changes in the contract time, the contract price, or the work to be performed.

7.

This Performance Bond is provided by the Surety for the sole and exclusive benefit of the MSD, together with its successors or assigns. No other party, person or entity shall have any rights against the Surety hereunder.

8.

Any and all notices to the Surety, the Contractor or the MSD shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below:

Surety:

Contractor:

MSD: Louisville and Jefferson County Metropolitan Sewer District 700 West Liberty Street Louisville, Kentucky 40203-1913

9.

Any statutory limitation, which may be contractually superseded, to the contrary notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Construction Contract has not run or expired.

10.

Should any proceedings be necessary to enforce this Performance Bond, such sum as the court may determine to be reasonable shall be allowed to the MSD as attorney's fees, in addition to other sums found due.

11.

In the event that any action or proceedings are initiated with respect to this Performance Bond, the parties agree that the venue thereof shall be Jefferson County, Commonwealth of Kentucky, and shall be tried by the court sitting without a jury. All defenses in law or equity, except the defense of government immunity shall be preserved to the MSD.

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Signed and Sealed at Louisville, Kentucky this _____ day of ___________________, 20__.

CONTRACTOR: SURETY:

SEAL SEAL

[INSERT PROPER NAME OF CONTRACTOR] [INSERT PROPER NAME OF SURETY]

By:____________________________________ By:____________________________________

[SIGNATURE OF AUTHORIZED SIGNATORY] [SIGNATURE OF AUTHORIZED SIGNATORY]

[OFFICE OR TITLE OF PERSON SIGNING] [OFFICE OR TITLE OF PERSON SIGNING]

REV. 07/00

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PAYMENT BOND

, as surety ("Surety"), and [Insert Proper Name of Surety]

___________________________________ as principal ("Contractor"), [Insert Proper Name of Contractor] enter into, execute this bond ("Payment Bond"), and bind themselves in favor of the

LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, as obligee

("MSD"), in the penal sum of as of the _______________________________.

[Insert Penal Sum] [Insert Date of Construction Contract]

WHEREAS, the Contractor has executed a contract with the MSD of even date herewith

("Construction Contract") for construction of the _________________(“Project”) and, WHEREAS, the MSD has required the Contractor to furnish this Payment Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor;

NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree:

1.

The Construction Contract is hereby incorporated herein and by reference made a part hereof to the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract including without exception all of its terms and conditions, both express and implied, and, without limitation, specifically including Contractor's obligation to pay for labor, materials, services and equipment provided in connection with the Construction Contract performance; and specifically including without limitation, the prevailing hourly wage requirements in accordance with the provisions of K.R.S. Chapter 337.

2 .

The Contractor will pay for all materials furnished and services rendered in the performance of the construction Contract, and any person or corporation furnishing such materials or rendering such services, may maintain an action on this Payment Bond to recover for the same against the Contractor and the Surety, as though such person or corporation was named therein.

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3 .

For purposes of this Payment Bond, Beneficiary is defined as a person or entity who has actually provided labor, material, equipment, services or other items for use in furtherance of the Construction Contract, and having:

(A) a direct contract with the Contractor; or

(B) a direct contract with a subcontractor of the Contractor; or

(C) rights, under the laws of the jurisdiction where the Project is located, to file a lien, a claim or notice of lien, or otherwise make a claim against the Project or against funds held by the MSD, if the Project is, or were, subject to such filing.

4.

The Surety shall not be obligated hereunder to a Beneficiary other than a Beneficiary having a direct contract with the Contractor unless such Beneficiary has given written notice of its claim to the Contractor and the Surety within the longer of.-

(A) ninety (90) days after such Beneficiary provided labor, material, equipment, services or other items for use in furtherance of the Construction Contract; or,

(B) the period of time provided by the jurisdiction wherein the Project is located for (1) filing of a lien, claim of lien, notice of lien, if the Project is, or were, subject to such filing, or

(2) otherwise making a claim against the Project or against funds held by the MSD;

stating the amount claimed and identifying, by name and address, the person or entity to whom such labor, material, equipment, services or other items were provided.

5.

In no event shall the Surety be obligated hereunder for sums in excess of the Penal Sum.

6.

The Surety waives notice of any changes to the Construction Contract including, without limitation, changes in the contract time, the contract price, or the work to be performed.

7.

Upon receipt of a claim from a Beneficiary hereunder, the Surety shall promptly, and in no event later than 30 days after receipt of such claim, respond to such claim in writing (furnishing a copy of such response to the MSD) by:

(A) making payment of all sums not in dispute; and,

(B) stating the basis for disputing any sums not paid.

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8.

No action shall be commenced by a Beneficiary hereunder after the passage of the longer of one (1) year following final completion of the Construction Contract or, if this bond is provided in compliance with applicable law, any limitation period provided therein. If the limitation period contained in this Paragraph is unenforceable, it shall be deemed amended to provide the minimum period for an action against the Surety on a payment bond by a third-party beneficiary thereof.

9.

Any and all notices to the Surety or the Contractor shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below, including a courtesy copy to the MSD:

Surety:

Contractor:

MSD: Louisville and Jefferson County Metropolitan Sewer District 700 West Liberty Street Louisville, Kentucky 40203-1913

10.

Should any proceedings be necessary to enforce this Payment Bond, such sum as the court may determine to be reasonable shall be allowed to the Beneficiary as attorney's fees, in addition to other sums found due.

11.

In the event that any actions or proceedings are initiated with respect to this Payment Bond, the parties agree that the venue thereof shall be Jefferson County, Commonwealth of Kentucky, and shall be tried by the court sitting without a jury.

12.

No right or obligation of the Contractor or Surety hereunder shall be affected by the invocation by any subcontractor, laborer or material man of K.R.S. 376.210.

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Signed and sealed at Louisville, Kentucky, this _____ day of ________________ 20__.

CONTRACTOR: SURETY:

_______ SEAL SEAL

[INSERT PROPER NAME OF CONTRACTOR) [INSERT PROPER NAME OF SURETY]

By: ___________________________________ By:__________________________________

[SIGNATURE OF AUTHORIZED SIGNATORY] [SIGNATURE OF AUTHORIZED SIGNATORY]

[OFFICE OR TITLE OF PERSON SIGNING] [OFFICE OR TITLE OF PERSON SIGNING]

REV. 07/00

Rev. Date: 4/8/24 BIFB-1

LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN

SEWER DISTRICT

INFORMATION FOR BIDDERS

1. BIDDER'S RESPONSIBILITIES. Bidders must visit the site of work, examine Plans, specifications and form of Proposal and each bidder must make his own appraisal of the quantities of materials and cost of labor required to complete the work contemplated.

Bidders will promptly notify MSD of all conflicts, errors, ambiguities or discrepancies in or between the Bidding Documents and such other related documents.

2.

AVAILABILITY OF BID DOCUMENTS. Bid documents will be available on Tuesday, July 22, 2025 online at https://louisvillemsd.bonfirehub.com/. Copies of the construction drawings and specifications will no longer be available for pick-up at the MSD Customer Service counter. The charge for each set of contract documents is outlined on the above-referenced web site. When applicable, an Excel spreadsheet of the bid items will be available for download on the https://louisvillemsd.bonfirehub.com/ web site at no additional charge.

BID REQUIREMENTS. The bid must be made upon the extra blank form of Proposal annexed hereto, and shall give the price for the items of the work required as shown by the Plans or elsewhere both in writing and in figures, in ink and be signed by the bidder, with his business address. In case of discrepancy, the amount shown in words will govern or the bidder may utilize the Excel spreadsheet form, when available, attached to the extra form of the Proposal.

Unit Price Work. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by the Contractor will be made by MSD.

Blank forms headed Similar Work Done, References as to Skill and Experience and Business Standing, a part of the Proposal, must be filled in by the prospective bidder.

4. BID SECURITY. Each bidder must accompany his Proposal with the Bid Bond executed on a form identical to the form annexed hereto, or a certified check made payable to MSD for an amount not less than seven and one-half percent (7.5%) of the Total Bid.

All certified checks, except those of the three lowest bidders will be returned to the person or persons submitting the same within three days after evaluation of the bids to determine who are the three lowest bidders.

If the bidder to whom the work is awarded refuses or fails to execute the contract therefore, give the required Performance, Payment, and Maintenance Bonds, or furnish the required evidence of insurance within 10 days after notice that the Contract has been awarded to him, the full amount of the Bid Security shall be retained by MSD as liquidated damages for such refusal or failure.

The bidder by submission of his bid agrees with MSD that the amount of the Bid Security represents the amount of the damages MSD will suffer by reason of the aforesaid refusal or failure. After execution of the Contract by the Contractor and MSD, all checks accompanying the Proposals of the three (3) lowest bidders shall be returned.

5. BIDDER'S QUALIFICATIONS. Each bidder shall present satisfactory evidence showing that he has the necessary capital, material, workforce, equipment and facilities to perform

Rev. Date: 4/8/24 BIFB-2 the work covered by the proposed Contract. Every bidder, when requested by MSD, shall clarify or explain in writing any matter contained in his bid which MSD determines needs clarification or explanation. The bid of any bidder who fails to provide such written clarification or explanation of his bid, when such clarification or explanation is requested, shall not be considered for award. The written clarification or explanation of a bid shall be incorporated in and become part of any Contract awarded on the basis of that bid.

MSD reserves the right to refuse to accept bids from or award any additional work to any Contractor who is behind schedule on any work in progress or who fails to perform acceptable work until such work is satisfactorily completed or to accept bids from or award any work to any Contractor who has shown a repeated inability to complete work on schedule and in an acceptable manner.

6. WITHDRAWAL OF BIDS. Proposals may be withdrawn at any time prior to the hour of opening bids. No Proposal may be withdrawn for a period of ninety (90) days after the receipt of bids without the consent of the Board of MSD.

7. LAWS. Each bidder must familiarize himself with all laws, ordinances and regulations, federal, state, city or other governmental agency, which by reason of being neglected or violated may affect the work contemplated and must secure and pay the fees required for any permits which may be necessary. The bidders' attention is also invited to Chapter 76, Kentucky Revised Statutes.

In the employment of labor and purchase of materials, local labor and materials produced locally shall be given priority.

8. RECIPROCAL RESIDENT BIDDER PREFERENCE. MSD shall give preference to a resident bidder of the Commonwealth in the evaluation of this Bid, in conformance with Section 2A-13 of MSD’s Procurement Regulations as adopted by MSD’s Board June 24, 2019 (MSD’s Procurement Regulations), which provides as follows:

a. Prior to a contract being awarded to the lowest responsible and responsive bidder, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference given shall be equal to the preference given or required by the state of the nonresident bidder.

b. A resident bidder is an individual, partnership, association, corporation or other business entity that, on the date the contract is first advertised or announced as available for bidding:

1) Is authorized to transact business in the Commonwealth; and

2) Has for one (1) year prior to and through the date of the advertisement, filed

Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490 and maintained a Kentucky worker’s compensation policy in effect.

c. A nonresident bidder is an individual, partnership, association, corporation or other business entity that does not meet the requirements of subsection (b) of this section.

d. If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

e. All preferences given under this section will follow the procedural regulations promulgated by the Finance Administration Cabinet.

f. The preference for resident bidders shall not be given if the preference conflicts with federal law.

Rev. Date: 4/8/24 BIFB-3

All bidders must submit a completed and signed Resident Bidder Preference Certification Affidavit along with their bid proposal. The form is attached to this Information for Bidders and should be included in the bid package.

9. MSD CONSTRUCTION OR CONSTRUCTION-RELATED PROJECTS. MSD shall identify and advertise its construction projects as construction services or construction-related services. Eligible MSD recognized and approved MBE and WBE businesses are encouraged to bid as an MSD prime. See MSD Bid Discounts section below.

The definitions for construction and construction-related services are outlined below:

Construction - means all aspects of building, altering, repairing, or improving any public structure or building, or other public improvements of any kind to any public real property. Construction also includes the demolition, destruction, dismantling, or removal of public structures, buildings, and other public improvements and the clearing of land. It does not include the routine operation, repair, or maintenance of existing structures, buildings or real property.

Construction-related Services- means the routine operation, maintenance, repair, or replacement of existing public facilities and structures, such as waste water hauling or construction management services. Construction-related services do not include services within the definition of construction or the definition of professional services.

This MSD construction project is bid and advertised as: check applicable box below

Construction Services ☒ Construction-related Services ☐

10. MSD BID DISCOUNTS – APPLIES TO MSD PRIME CONTRACTS. In accordance with the MSD MBE/WBE Program, MSD has adopted Bid Discounts on Construction and Construction-related prime contracts only, effective June 1, 2020. When construction or construction-related services projects estimated at $500,000 or less are bid, a 10% bid discount shall be assigned during the price evaluation on bids submitted by eligible MBEs and WBEs that bid as a prime. The maximum discount will not exceed $50,000.

As determined in the MSD Disparity Study (Study), the MBE and WBE groups eligible for the bid discount are listed below:

Industry: Eligible Groups:

Construction Services

African Americans Hispanic Americans Asian Pacific Americans Asian Indian Americans Caucasian Females

Industry: Eligible Groups:

Construction-related Services African Americans Hispanic Americans Caucasian Females

11. MSD SUPPLIER DIVERSITY MINORITY AND WOMAN BUSINESS ENTERPRISE

PROGRAM POLICY AND PROCEDURES MANUAL (MBE/WBE PROGRAM) - FOR

Rev. Date: 4/8/24 BIFB-4

CONSTRUCTION CONTRACTS $200,000 AND GREATER for Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) subcontracting participation.

Effective June 1, 2020, MSD has adopted and implemented the MSD Supplier Diversity Minority and Woman Business Enterprise Program Policy and Procedures Manual (MBE/WBE Program), modifying the MBE and WBE participation goals on construction services and construction-related services, in accordance with the Louisville and Jefferson County Metropolitan Sewer District (Study). The Study provided the factual predicate for MSD to establish new MBE and WBE goals in MSD contracting.

The MSD MBE\WBE Program subcontracting goals are listed below:

The Contractor must subcontract at least 18.0% of the total amount of the Contract Bid price to certified African American minority-owned businesses, at least 2.0% of the total amount of the Contract Bid price to certified Asian-Indian American minority-owned businesses, and at least 15.0% total amount of the Contract Bid price to certified Caucasian Female businesses. If the Contractor is unable to meet the goals, they must demonstrate adequate “GOOD FAITH EFFORTS” in accordance with the MSD Supplier Diversity Minority and Woman Business Enterprise Program Policy and Procedures Manual (MBE/WBE Program) – see MSD MBE/WBE Program - Construction Subcontracting Goal Documents and Forms at https://louisvillemsd.org/SupplierDiversity/forms

12. LOCAL LABOR PREFERENCE FOR CONSTRUCTION CONTRACTS OVER

$5,000,000.00 OR GREATER. MSD has adopted a Local Labor Preference Policy which may apply to this Project. See Invitation to Bid for determination of whether Local Labor Preference is applicable to this project. This Policy is set forth in Section 2A-15 of MSD’s Procurement Regulations. All bidders shall familiarize themselves with this Policy and submit bids which will, in all respects, conform to the requirements of the Policy.

If applicable, all bidders must submit a completed and signed Local Labor Preference Commitment form along with their bid proposal. The form is attached to this Information for Bidders and should be included in the bid package.

BASIS OF AWARD IF LOCAL LABOR PREFERENCE IS APPLICABLE. The contract will be awarded on an evaluated basis, subject to the approval of the MSD Board. Each proposal received shall be evaluated based upon two criteria: (1). Price (95 Points) and (2).

Local Labor Percentage Commitment (5 Points). The Price Points are determined by dividing the lowest responsive and responsible bid by each remaining bid and multiplying by the maximum ninety five (95) points. The Local Labor Percentage Commitment Points are determined on a weighted average of each bidder's Local Labor Percentage Commitment as compared to the Local Labor Percentage Commitment of the other bids received to a maximum of five (5) points. MSD reserves the right to reject any or all bids or waive any informality in any bid. Non-responsive bids *and bids deemed not responsible** will be rejected and not considered for award. Unbalanced bids*** will be regarded with disfavor and any such bid may be rejected for the sole reason that it is unbalanced.

13. MSDJobLink – MSDJobLink is a free web-based jobs portal to connect business owners with local labor while collaborating with local job training and apprenticeship programs on upcoming training needs. The portal provides individuals residing in the Louisville MSA direct access to union and non-union job opportunities with contractors working on significant MSD projects. After contract award, the prime or subcontractor may upload job https://louisvillemsd.org/SupplierDiversity/forms

Rev. Date: 4/8/24 BIFB-5 openings at www.msdjoblink.org by registering an account and using their assigned contract number.

14. COMMUNITY BENEFITS PREFERENCE FOR CONSTRUCTION, CONSTRUCTION

RELATED CONTRACTS $2,000,000 OR GREATER AND PROFESSIONAL AND

ENGINEERING CONTRACTS $200,000 OR GREATER

MSD has adopted a Community Benefits Policy which may apply to this Project if applicable.

See Invitation to Bid for determination whether Community Benefits Preference is applicable to this project. This Policy is set forth in MSD’s Procurement Regulations. All bidders shall familiarize themselves with this Policy and submit bids which will, in all respects, conform to the requirements of the Policy.

If applicable, all bidders must submit a completed and signed Community Benefits Preference Commitment Form along with their bid proposal. The form is attached to this Information for Bidders and should be included in the bid package. It can also be found on MSD’s website at http://www.louisvillemsd.org/doing-business-us/community-benefits.

BASIS OF AWARD IF COMMUNITY BENEFITS PREFERENCE IS APPLICABLE:

The contract will be awarded on an evaluated basis, subject to the approval of the MSD Board. Each responsive and responsible proposal received shall be evaluated based upon two criteria: (1) Price (95 Points) and (2) Community Benefits Percentage Commitment (5 Points). The Price Points are determined by dividing the lowest responsive and responsible bid by each remaining bid and multiplying by the maximum ninety-five (95) points.

The Community Benefits Commitment Points are determined on a weighted average of each bidder’s Community Benefits Percentage Commitment as compared to the Community Benefits of the other bids received to a maximum of (5) points.

BASIS OF AWARD IF LOCAL LABOR & COMMUNITY BENEFITS PREFERENCE

ARE APPLICABLE:

The contract will be awarded on an evaluated basis, subject to the approval of the MSD Board. Each responsive and responsible proposal received shall be evaluated based upon three criteria: (1) Price (90 Points) and (2) Local Labor Percentage Commitment (5 Points) and (3) Community Benefits Percentage Commitment (5 Points). The Price Points are determined by dividing the lowest responsive and responsible bid by each remaining bid and multiplying by the maximum ninety (90) points.

Both programs are independent and determined on a weighted average of each bidder’s commitment for each program. Each bidder may receive up to (5) points.

MSD reserves the right to reject any or all bids or waive any informality in any bid. Non-responsive bids *and bids deemed not responsible** will be rejected and not considered for award. Unbalanced bids*** will be regarded with disfavor and any such bid may be rejected for the sole reason that it is unbalanced.

*RESPONSIVE BIDDER: Means a person or entity who has submitted a bid which conforms in all material aspects to the Invitation for Bid, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.

http://www.msdjoblink.org/

Rev. Date: 4/8/24 BIFB-6

**RESPONSIBLE BIDDER: Means a person or entity that has the capability in all respects to perform fully the contract requirements and the integrity and reliability, which will assure good faith performance.

***UNBALANCED BIDS. Unbalanced bids shall include, but are not limited to bids containing unit prices that reasonably appear to MSD to fall outside the acceptable range for construction in this locality.

13. INSURANCE. Before the execution of a Contract by MSD, the successful bidder must furnish MSD a certificate or certificates issued by or on behalf of insurers or a self-insurance program or group self-insurance program, qualified to do business in the Commonwealth of Kentucky under KRS Chapter 304 or KRS Chapter 342, certifying that the successful bidder complies with the Workers' Compensation laws of Kentucky and is insured or indemnified against public liability claims which may arise out of the performance of the work under the proposed Contract in the limits as set out in this document.

14. SERVICE OF PROCESS. Attention is directed to Subsection (2) KRS 271 B.5-010 of the Kentucky Revised Statutes requiring corporations to designate a registered office and agent for service of process. The successful bidder must comply with KRS 271 B.5-010.

15. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, national orientation, disability or veteran status. The CONTRACTOR further agrees to abide by MSD's EQUAL EMPLOYMENT OPPORTUNITY REPORTING REQUIREMENT, attached and made a part of this Agreement as set out in this document.

16. INTERPRETATION OF PLANS AND SPECIFICATIONS. If any person contemplating the submission of a bid for the proposed Contract is in doubt as to the true meaning of any part of the proposed Contract including the Plans, Specifications, and any other bid Documents, he shall submit a written request for an interpretation thereof to the Louisville and Jefferson County Metropolitan Sewer District, 700 West Liberty Street, Louisville, Kentucky, 40203 at least ten (10) days prior to date of receipt of bids. The person making the request will be responsible for the prompt delivery. Any interpretation of the Bid Documents prior to receipt of bids will be made on by written Addenda duly issued and mailed or delivered to each person receiving a set of such documents. MSD will not be responsible for explanations or interpretations of the Bid Documents except as issued in accordance herewith.

17. ADDENDA. The right is reserved, as the interest of MSD may require, to revise or amend the Bid Documents including Plans and/or Specifications prior to the date set for opening Bids. Such revisions and amendments, if any, will be announced by an Addendum or Addenda. Copies of such Addenda as may be issued will be furnished to all prospective Bidders. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening Bids may be postponed by such number of days as in the opinion of MSD will enable Bidders to revise their Bids. In such case, the Addendum will include an announcement of the new date of opening Bids.

18. BORINGS AND SOUNDINGS. If borings and soundings have been made, their approximate locations are indicated on the Plans. If soils reports were made, they are available for viewing at the offices of MSD, 700 West Liberty Street. Furthermore, persons desiring to obtain additional information in the field shall contact MSD prior to entering on any public or private property for that purpose.

Rev. Date: 4/8/24 BIFB-7

19. GROUND WATER. No guarantee is given or implied by MSD that ground water will not be encountered in the work under this Contract.

20. INFORMATION NOT GUARANTEED. All information given on the Plans or in the other Bid Documents relating to sounding and borings, materials encountered, ground water, subsurface conditions, and existing pipes and other structures is from the best sources at present available to MSD. All such information and the drawings of existing construction are furnished only for the information and convenience of Bidders, and such information and the drawings of existing construction shall not become a part of the Contract between the successful Bidder and MSD.

It is agreed and understood that MSD does not represent, warrant or guarantee that the materials, conditions, and pipes or other structures encountered during construction will be the same as those indicated by the boring samples or by the information given on the Plans or in the other Bid Documents. The Bidder must satisfy himself regarding the character, quantities, and conditions of the various materials and the work to be done as stated in the Contract.

It further is agreed and understood that the Bidder or the Contractor will not use any of the information made available to him in any manner by MSD as a basis or ground of claim or demand of any nature against MSD, arising from or by reason of any variances which may exist between the information offered and the actual materials or structures encountered during performance of the work.

21. MSD'S CODE OF CONDUCT FOR CONTRACTORS, CONSULTANTS OR AGENTS.

The contractor, consultant or agent (hereinafter referred to as contractor) must avoid a situation which could be considered either a con¬flict of interest or detrimental to the operation or reputation of MSD. All contractors doing or seeking to do business with MSD should refrain from conduct which they know or reasonably should know is likely to create the perception that they are using or performing their contract with MSD in an improper manner. MSD may take disciplinary action, including termination of this Contract and/or disqualification of the party from further work with MSD, should MSD determine that the party has participated in such improper activities.

Improper activities include, but are not limited to, the following:

1. Performance

a. The making of false or misleading representations regarding any aspect of the performance of the contract.

b. An intentional breach of any contract term.

c. Intentional or grossly negligent use of inferior products.

d. Misuse of MSD information or access to MSD personnel or facilities

2. Non-Collusion and Independence of Bid

a. Contractors are to calculate price(s) contained in their bid or proposal, independently, without collusion, consultation, communication, or agreement with any other competing contractor for the purpose of restricting competition. Unless otherwise required by law, the price(s) which a contractor quotes in its bid or proposal shall not knowingly be disclosed by the contractor, directly or indirectly, to any other competing contractor prior to the closing date for bids or proposals. In addition, a contractor shall not make

Rev. Date: 4/8/24 BIFB-8 any attempt to induce any other individual or entity to submit or not to submit a bid or proposal.

3. Prohibition Regarding Gifts and Contributions

a. No contractor shall offer to any MSD employee or MSD Board Member (or his/her family member, business organization, nonprofit entity, or labor organization in which such MSD employee has a business or personal interest) any gift, favor, loan, political contribution, service, economic opportunity, promise of future employment, or other thing of value based upon an understanding, or other circumstances from which it could reasonable be inferred, that the gift, favor, loan, contribution, service, promise, or other think of value was given or offered for the following purposes. For the purpose of influencing such employee, directly or indirectly, in the discharge of his/her official duties or for the purpose of gaining access to the employee of the MSD Board.

b. No employee, however, shall be prohibited from giving or receiving an award publicly presented in recognition of public service; or commercially reasonable loans made in the ordinary course of the lender's business; reasonable hosting, including entertainment, meals or refreshments furnished in connection with public events, appearances, or ceremonies; unsolicited gifts of nominal value of up to $50, complimentary articles offered to the general public; or gifts or awards exceeding $50 given to an employee on behalf of MSD and in connection with or by reason of MSD's programs and/or services.

4. Prohibition on Use and Disclosure of Confidential Information

a. At no time shall any contractor who obtains confidential or proprietary MSD information in the course of doing or seeking to do business with MSD disclose any such information to any person not authorized by MSD to receive such information to use such information for any person gain except as necessary to fulfill its contractual o bligation with MSD.

5. Prohibition Regarding Participation in Project or Procurement Development

a. No contractor who participates in the development of a scope of work, contract, agreement, technical specifications, or design may participate as a bidder (as the prime or sub-contractor) on that particular procurement or perform any work in that particular procurement or any other procurement that would constitute a conflict of interest or would give that contractor an unfair advantage over other bidders on that procurement.

This provision may be waived in writing by the MSD Executive Director upon a showing of good cause.

6. Duty to Disclose Conflicts of Interest

a. Each contractor, and each of their consultants and subcontractors, seeking to do business, or doing business, with the MSD has an obligation to promptly disclose in writing to MSD any of the following potential conflicts of interest which become known to the management of the contractor:

i. Any financial relationship between the contractor and a MSD Board Member or MSD employee.

ii. Any financial or close personal relationship between any officers, directors or key employees of the contractor and a MSD Board Member or MSD employee.

Rev. Date: 4/8/24 BIFB-9

Link to full policy https://louisvillemsd.org/procurement

The Contractor shall include this Code of Conduct in all subcontracts.

22. BUY AMERICAN POLICY. The Contractor's Bid shall give preference to "Domestic

Materials and Supplies" in conformance with MSD’s Procurement Regulations, Section 2A- 12 Buy American.

23. SUBCONTRACTORS AND MATERIAL SUPPLIERS. The Bidder shall be held responsible for any delays caused by the failure of his suppliers and subcontractors to deliver materials and equipment in time for the work to be done in an orderly manner so as to complete the work in accordance with the Contract.

24. BID, PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. Before execution of a Contact by MSD, the successful Bidder will be required to provide a:

a. Bid Bond in the amount of 7.5% of the Total Bid, and a

b. Performance Bond in the penal sum not less than one hundred percent (100%) of the

Contract Price, and a

c. Payment Bond in the penal sum not less than one hundred percent (100%) of the

Contract Price, and a

d. Maintenance Bond in the penal sum as described on Contractor’s Insurance and Bonding attachment of the Information to Bidders

Said Bonds shall incorporate by reference the terms of the contract as fully as though set forth verbatim therein. The Bonds shall be in a form acceptable to MSD and shall be executed by a surety or sureties certified by the Secretary of the United States Department of the Treasury and included in the Department of the Treasury’s Listing of Approved Sureties (Department Circular 570).

25. TAXES AND EXEMPTIONS. In accordance with KRS 76.210, MSD is exempt from paying Kentucky Sales or Use Tax. Do not add Sales Tax to your total Bid Price.

Pursuant to KRS 139.480(34), construction contractors are exempt from paying Sales Tax when purchasing building materials, fixtures, or supplies which will be permanently incorporated into a structure or improvement to real property, or will be completely consumed, in fulfilling a construction contract for the purpose of furnishing water or sewer services to the general public. Contractors are expected to take advantage of this exemption to the fullest extent possible and are responsible for ensuring that Sales Tax for exempted items is not embedded in the total Bid Price.

https://louisvillemsd.org/procurement

Rev. Date: 4/8/24 BIFB-10

CONTRACT NO. 17290

CONTRACTOR’S INSURANCE AND BONDING

Prior to beginning any…