2-2026-009 Chickasaw Trap Catch Basin Replacement Bid Document.pdf

Rev. Date: 8/29/2025 Rev INV-1

LOUISVILLE & JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT

INVITATION TO BID

Sealed Bids will be received electronically by the Louisville and Jefferson County Metropolitan Sewer District, for the construction of Chickasaw Trap Catch Basin Replacement Project Phase 2, Contract No. 2026-009, Budget ID No. H25032, Drawing Record No. / Sheet No. n/a, until January 8, 2025, Local Time, 2:00, 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: 603 845 715#..

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: Phase 2 is for replacing existing catch basins with new trapped catch basins within the Chickasaw neighborhood. All work shall be done in accordance to MSD's Standard Specifications.

There will be no pre-bid meeting held for this project. .

The Engineer’s Construction Cost Estimate for this project is between $ 450,000.00 and $ 750,000.00.

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 Joe Exely / Tony Woods. 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 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.

This project is Federally Funded. Federal requirements (including American Iron and Steel, Federal Davis-Bacon Wage Rates, and Build-America, Buy America, the Anti-Kickback Act and Contract Work Hours Standard Act) and all provisions must be met by the Bidder and all Subcontractors. Bidders shall comply with applicable 40 CFR 31.36 requirements in such documents and the following Title VI Civil Rights Act of 1964, as amended; The Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and their implementing regulations The CONTRACTOR AND SUBCONTRACTOR shall abide by the requirements of 41 CFR §§ 60- 300.S(a) and 60-741.S(a).

These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability and require affirmative action by covered prime and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, religion, sex, color, national origin, physical or mental disability, or because the employee or applicant is a special disabled veteran, veteran of the Vietnam era, recently separated veteran or other protected veteran. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, disability, veteran status or national origin. Such actions shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer; recruitment or recruitment advertising; job assignment; leave; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause, and to ensure that special disabled veterans are informed of the notices as required by the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended ("VEVRAA").MSD SUPPLIER DIVERSITY MINORITY AND WOMAN BUSINESS ENTERPRISE PROGRAM POLICY AND PROCEDURES MANUAL (MBE/WBE PROGRAM) - FOR CONSTRUCTION CONTRACTS $200,000 AND https://louisvillemsd.bonfirehub.com/portal https://louisvillemsd.bonfirehub.com/portal https://louisvillemsd.bonfirehub.com/portal https://louisvillemsd.bonfirehub.com/portal

Rev. Date: 8/29/2025 Rev INV-2

GREATER for Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) subcontracting participation.

Effective January 1, 2025, MSD has adopted and implemented the revised MSD Supplier Diversity Minority and Woman Business Enterprise Program Policy and Procedures Manual, 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 modified 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: Not Applicable

The revised MSD Supplier Diversity Minority and Women Business Enterprise Program Policy and Procedures Manual (MBE/WBE Program) is effective January 1, 2025. If selected as “Applicable” or “Applicable, Partial Waiver” above, the goals are as follows:

18.0% MBE – African American participation 2.0% MBE – Asian-Indian American participation 15.0% WBE - Caucasian Female participation .

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 https://louisvillemsd.org/SupplierDiversity/forms

Checklist for Invitation To Bid (ITB):

Respondents shall submit all required documents as listed below by the date and time stipulated herein. Failure to submit all required documentation shall result in Respondent’s bid being deemed non-responsive and will not be considered in the award of this contract.

Bid Documents:

Bid Quantity Proposal Sheet – Signed and Notarized

Construction Order Document – Total price documented, Signed and Notarized

Resident Bidder Preference Certification Affidavit – Signed and Notarized

Addendums (if applicable) – Signed and dated

Bonds:

Bid Bond:

If Bid bond is being paid in the form of cashier check, in addition to submitting an image of the check on Bonfire the check(only) must be submitted physically to MSD at address below in a sealed envelope marked with bid number and project name. Physical check must be received by end of the next business day following bid opening.

For bid bonds, only a scanned image uploaded to Bonfire is required. Do not submit bid bond physically.

Louisville MSD 700 W. Liberty St Louisville, KY 40203

Chickasaw Phase 2 Construction Order.docx Page 1 of 8 Rev. 9.25.23

CONSTRUCTION ORDER FOR

CHICKASAW TRAP CATCH BASIN REPLACEMENT PHASE 2 PROJECT

CONTRACT NO. 2026-009

I. SCOPE OF WORK

This Contract provides for trap basin replacements at the followiing locations:

842 Sutchliffe Ave., 851 Sutcliffe Ave., 714 South 37th St., 717 South 37th St., 726 South 37th St., 729 South 37th St., 746 South 37th St., 745 South 37th St., 822 South 37th St., 722 Dearborn Ave., 723 Dearborn Ave., 744 Dearborn Ave., 743 Dearborn Ave., 1022 South 40th St., 1025 South 40th St., 730 South 40th St., 705 Cecil Ave. #1, 705 Cecil Ave. #2, 802 Cecil Ave., 803 Cecil Ave., 1000 Cecil Ave., 1001 Cecil Ave., 3410 W. Broadway, 3502 W.

Broadway, 3704 W. Broadway, 3714 W. Broadway, 3734 W. Boardway, 4130 W.

Broadway, 732 South 35th St., 731 South 35th St., 800 South 35th St., 712 South 36th St., 1248 South 38th St., 1004 South 45th St.

Please use the attached Bid Proposal.

II. MBE/WBE REQUIREMENTS

20% MBE and 15% WBE participation is is not required for this project.

III. COMPLETION DATE

Completed by December 2026.

The Contractor should note that the date of completion is established based on an MSD approval date of December 2025. The Contractor should allow five working days from the MSD approval date for administrative processing. A Notice-to-Proceed can be issued as soon as bonding requirements are satisfied. When MBE/WBE participation goals are applicable as in accordance with the Supplier Diversity Minority and Woman Business Enterprise Program Policy and Procedures Manual (MBE/WBE Program) Sub-Contractor requirements must be met and accompany by finalized, signed and fully executed MBE/WBE subcontract agreements and received by the MSD Supplier Diversity and SBE Programs Manager, prior to MSD’s issuance of the Notice-to-Proceed. The Contractor agrees to pay liquidated damages at the sum of $300.00 for each consecutive calendar day exceeding the completion date specified on the Notice-to-Proceed, per Article 2 of the Contract.

Chickasaw Phase 2 Construction Order.docx Page 2 of 8

If through no fault of the Contractor this project is not approved by MSD on the above-indicated date, the time of completion (that time at which liquidated damages can be invoked) will be adjusted by the number of days between the anticipated MSD approval date and the actual MSD approval date, with no change in the Contract Price.

See attached “Contractor’s Insurance and Bonding” for insurance limits of coverage and bonding requirements.

IV. ADDITIONAL PROVISIONS

All work is to be done in accordance with MSD’s Standard Specifications as referenced in the Contract under which this CO is to be administered. A unit price breakdown must be submitted with this CO, as detailed in the attached Bid Proposal. See attached “General Notes” for other project specific provisions.

V. RECIPROCAL RESIDENT BIDDER PREFERENCE. MSD shall give preference to a resident bidder of the Commonwealth in the evaluation of this Bid, in conformance with MSD’s Procurement Regulations, Section 2A-13 as adopted by MSD’s Board September 27, 2010, which provides as follows:

a. MSD shall give a preference to a resident bidder of the Commonwealth as 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. A resident bidder is any business entity that is authorized to transact business in the Commonwealth and has, for one 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 workers’ compensation policy in effect.

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

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

Chickasaw Phase 2 Construction Order.docx Page 3 of 8

VI. BASIS OF AWARD

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. 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.

**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.

VII. PRICE QUOTE

TOTAL PRICE QUOTE = $______________________________

CONTRACTOR

(Company Name)

By: __________________________________ (Signature)

Chickasaw Phase 2 Construction Order.docx Page 4 of 8

STATE OF KENTUCKY )

) SS

COUNTY OF JEFFERSON )

I, the undersigned Notary Public, within and for the State and County aforesaid, do hereby certify that the foregoing instrument was this day presented to me by _____________________________, who, being by me first duly sworn, declared that he is the ____________________ of

______________________, that he signed the foregoing instrument as ____________________, and that the statements therein contained are true.

WITNESS my hand this ____________________ day of ____________________, 20___.

My Commission expires: ______________________________.

NOTARY PUBLIC

Chickasaw Phase 2 Construction Order.docx Page 5 of 8

RESIDENT BIDDER PREFERENCE CERTIFICATION AFFIDAVIT

I, the undersigned, on behalf of ____________________________, do, after having been first duly sworn, hereby certify that the said company is is not a resident bidder of the Commonwealth as defined in Section 2A-13(b) of the MSD Procurement Regulations which defines a “resident bidder of the Commonwealth” as a business entity that is authorized to transact business in the

Commonwealth and which has, for a period of one year prior to and through the date of advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490 and maintained a Kentucky workers’ compensation policy in effect. (If this bidder is a nonresident bidder the following information must be supplied: State where business is registered ________________, preference given or required by state where registered ________________.)

I do hereby swear or affirm that all of the information provided by me is true accurate and complete and I further understand that supplying false or misleading information in this Affidavit may constitute perjury and subject me to all the penalties and punishments therefore and will result in rejection of this bid and cancellation of any contract or award made in relation to this bid.

IN WITNESS WHEREOF, the undersigned has affixed his/her signature this _______________ day of ______________, 20 _____, on behalf of ___________________________________.

(Company Name) (Signature)

Title: _______________________________

Date: ____________________

STATE OF _____________

COUNTY OF __________________

The foregoing was subscribed and sworn to before me by _________________________, on behalf of _______________________ this _____ day of _______, 20__ at ______________, KY.

My commission expires: _____________________________________.

NOTARY PUBLIC, STATE AT LARGE, _____

Chickasaw Phase 2 Construction Order.docx Page 6 of 8

CONTRACTOR’S INSURANCE AND BONDING

Prior to beginning any work, the CONTRACTOR shall produce for its services, and furnish proof of, Workers' Compensation Insurance, Employer's Liability Insurance, Commercial (Comprehensive) General Liability Insurance (including contractual liability insurance), Comprehensive Automobile Liability Insurance, Professional Liability Insurance, if required, Excess or Umbrella Liability Insurance if required.

MSD shall be named as an additional insured on the CONTRACTOR’S Commercial (Comprehensive) General Liability policy. CONTRACTOR shall procure and maintain at all times during the course of the Work (including corrective or warranty work) the required insurance with limits of liability not less than those listed. Policies shall be in a form satisfactory to MSD, and issued by insurers licensed to do business in the Commonwealth of Kentucky.

Certificate of Insurance and Additional Insured

Prior to beginning of any work, the CONTRACTOR shall furnish MSD with a certificate of insurance (or certified copies of its insurance policies) that discloses limits, expiration date, names and types of policies which CONTRACTOR warrants and represents is a true and accurate representation of CONTRACTOR’S existing insurance coverage. The CONTRACTOR shall include Additional Insured and Certificate Holder as:

Louisville and Jefferson County Metropolitan Sewer District (MSD) Attn: Risk & Benefits Manager AMC Program 700 West Liberty Street Louisville, Kentucky 40203-1911

Required Insurance A. Workers’ Compensation:

Employer’s Liability:

$100,000 – Each Accident Bodily Injury $500,000 – Policy Limit Bodily Injury by Disease $100,000 – Each Employee Bodily Injury by Disease Kentucky state minimum limits

B. Commercial General Liability:

Limits of Liability:

$1,000,000 – General Aggregate $1,000,000 – Products and Completed Operations Aggregate $1,000,000 – Each Occurrence

Coverage Details: Standard Commercial General Liability Occurrence Form including:

Premise/Operations Personal and Advertising Injury Contractual Liability Explosion, Collapse, and Underground Liability (if applicable) Broad Form Property Damage Independent Contractors Products and Completed Operations

Chickasaw Phase 2 Construction Order.docx Page 7 of 8

C. Comprehensive Automobile Liability Any motor vehicle owned, hired, or non-owned and used to conduct the Contractor/Seller’s business activities.

Bodily Injury:

$1,000,000 – Combined Single Limit or $1,000,000 – Per Person

Property Damage:

$1,000,000 – Per Accident and $1,000,000 – Property Damage

D. Excess or Umbrella Liability (Additional Excess Liability may be required for large projects or for projects that have potential impact on major facilities):

$2,000,000 – Per Occurrence $2,000,000 – General Aggregate

E. Insurance Company Rating:

Rated “A” or better by A.M. Best

F. Cancellation, Renewal or Modification All insurance policies shall contain a provision that the coverage afforded there under shall not be canceled or not renewed, nor restrictive modifications added, until at least thirty (30) days prior written notice has been given to MSD.

G. Railroad Protective Liability Insurance (Required ONLY if working in or adjacent to Railroad Right of Way or Easement):

Contractor will execute a Railroad Protective Liability Policy with the respective Railroad as Named Insured with Limits of Insurance of:

$2,000,000 for Each Occurrence and $6,000,000 Aggregate

H. Blasting Insurance (Required ONLY if blasting is necessary for completion of the Work):

I. Builders Risk Insurance (May be required for large projects or for projects that have potential impact on major facilities):

J. The following will appear in the Declarations page of the Policy furnished to MSD as proof of coverage:

1. The specific job location will be stipulated.

2. Description of work.

3. Designated Contractor name and mailing address.

4. Name and address of the governmental authority as:

Louisville & Jefferson County Metropolitan Sewer District 700 W. Liberty St.

Louisville, KY 40203-1911

Chickasaw Phase 2 Construction Order.docx Page 8 of 8

K. Bid Bond is is not required: 7.5% of Total (Required for all Contracts or Construction Orders in excess of $20,000)

L. Performance Bond is is not required: 100% of Contract Price (Required for all Contracts or Construction Orders in excess of $20,000)

M. Payment Bond is is not required: 100% of Contract Price (Required for all Contracts or Construction Orders in excess of $20,000

N. Maintenance Bond is is not required: In most cases this amount will be 100% of the cost of pavement restoration, if any, included in the Contract Price or a specific amount per project.

Chickasaw Trap Catch Basin Replacement Project Phase 2

Contract No. 2026-009

GENERAL NOTE

1. Any interested Contractor shall be responsible for visiting the project site to become familiar with the general condition of the site prior to bidding. When visiting the site, it shall be the Contractor responsibility to identify and measure any existing infrastructure to determine the connections and grades for the proposed solution

2. All work and materials shall comply with MSD Standard Specifications and Standard Drawings, available at https://louisvillemsd.org/what-we-do/stormwaterdrainage/drawings

3. The general notes and special provisions shall supersede MSD Standard Specification and Standard Drawings when necessary.

4. Confined Space entry is not permitted for any structure. Any interested Contractor shall notify MSD to schedule a confined space entry and will have to comply with all safety protocols.

5. All easement staking / construction staking shall be the responsibility of the Contractor unless otherwise noted by MSD. All construction activity shall be within the existing easement, right-of-way, or open spaces.

6. The Contractor shall be responsible for notifying the MSD project manager and construction inspector to set up a pre-construction walk. The Contractor shall give a minimum of 48 hours for the pre-construction walk, if the 48 hours is not given, MSD could deny and request a new date.

7. Prior to construction activity, the Contractor shall verify the location and elevations of all existing utilities, which might affect construction, so that grades may be adjusted to avoid potential utility conflicts (Kentucky 811, 1-800-453-6007, or 502-266-5123).

8. No work or materials delivered shall be performed prior to the pre-construction walk, and pre-construction photos are taken. If MSD approves any changes to the project due to utility conflicts, possible changes to the materials could occur. If materials are delivered to the project before the pre-construction walk, or photos, and changes occur, any additional funds for re-stocking shall fall under the Contractor’s responsibility.

9. No work shall be performed until the EPSC submittal form is completed and submitted to the MSD project manager. If the Contractor starts work without submitting the EPSC submittal, all work shall stop and will not start until the EPSC submittal is completed and submitted. Any cost that is related to the EPSC Submittal is at no additional cost to MSD.

https://louisvillemsd.org/what-we-do/stormwaterdrainage/drawings

10. The Contractor shall be responsible for the installation, maintenance, self-inspection, and removal of all erosion and sediment control necessary to maintain Best Management Practices.

11. If the Contractor decides to access the site from another location and this location requires entry from private property, a written agreement between the property owner and the Contractor shall be submitted to MSD’s construction inspector or MSD project manager. The Contractor shall be responsible for all restoration to the private property at no additional cost to MSD. If the Contractor enters any private property without an agreement, the Contractor is responsible for all damages and repairs at no additional cost to MSD.

12. When the Contractor is working along the front, side, or rear easements and or right-of-way lines, the limits of construction shall include an additional 5 foot from the existing easement or allowable area spelled out in the project details. If the Contractor exceeds the additional 5 foot, all repairs and restoration to the private property at no additional cost to MSD.

13. The Contractor shall be responsible for all installation, maintenance, self-inspection, and removal of all traffic control signs.

14. The Contractor shall submit a construction schedule that includes start and end of construction, with detail construction activity.

15. The Contractor shall not perform any construction activity until they have conducted the onsite Safety Training Course provided by MSD. The contact for this course is Mitchell Jones Mitchell.jones@louisvillemsd.org or 502-528-1913. The Contractor shall be responsible for submitted verification that the course has been completed; the submittal shall include all employees’ names and the date of the class.

16. If the Contractor is performing work in an unsafe manor, MSD shall issue stop all work and will not resume until safety measures are taken, with no additional cost to MSD.

17. SHOP DRAWINGS OR SUBMITTALS are required for materials and structures on the project. All materials and structures must be submitted and approved by MSD prior to use per Contract Article 10(J). Refer to MSD Standard Specifications, MSD Standard Drawings, and MSD pre-approved list of products and suppliers.

A list of submittals is:

a. Project Access agreements

b. Construction Schedule

c. Pipe

d. Structures

e. Concrete mailto:Mitchell.jones@louisvillemsd.org

The Contractor shall not perform any work without approval from the MSD project manager.

18. PROTECTION AND HANDLING FLOWS: Existing Sewer, Drainage Facilities, and Ditches

a. The Contractor shall take all proper precautions to prevent any damages to existing sanitary sewer and storm sewers, drainage facilities, such as headwalls, catch basins, drains, etc.

b. In the event of any such changes occurs the construction inspector or project manager are to be notified immediately.

c. The Contractor shall make all repairs or replacements or rebuild such damaged section or sections of the existing sewer, drains, headwalls, catch basins, etc.… as directed by the project manager. All costs associated with repairs, replacements, and rebuilding shall be paid by the Contractor.

d. The Contractor shall make such provisions as are necessary to handle flows in existing sewer, connections, drains, catch basins, stream, springs, and ditches, by pipes, flumes, or by other approved methods at all times when their operations would, in any way interfere with normal functioning to those facilities.

e. The Contractor shall be responsible for the removal of any debris and sedimentation in the existing sewer, drains catch basin, ditches, etc... Which is attributable to their work under the contract?

PROJECT SCHEDULING MILESTONES SHALL APPLY AS FOLLOWS:

The Contractor shall have the 100% of the pipe, structure, and restoration completed within 180 days from the stated in the Contract Article 6 – TIME FOR CONTRACTOR’S PERFORMANCE.

19. All quantities are approximate. This unit-based contract will be awarded based on the lowest responsive / responsible bid and will be paid based on actual units constructed.

20. Upon completion of construction, and before the final payment is made, the Contractor shall submit a final payment affidavit, and the final pay request to the construction inspector.

DESCRIPTION OF WORK:

1. PIPEWORK

• All pipe materials shall comply with MSD Standard Specifications, and MSD Standard Drawings.

• Stone encasement for ADS pipe shall comply with MSD Standard Specifications (Section 4, 4.3.2.3) unless otherwise noted by MSD.

• Safe loading work shall comply with MSD Standard Specifications (Section 4, 4.3.2.7) unless otherwise noted by MSD.

• All pipe installation deeper than 48-inches, shall require trench backfill to be compacted.

The Contractor shall comply with MSD Standard Specifications (Section 3, 3.3.5.1.1) when performing compaction work with no additional cost to MSD.

2. STRUCTURES

• All structures shall comply with MSD Standard Specifications, and MSD Standard Drawings.

• All concrete collars around the pipe on pre-cast structures or tie into existing structures shall be performed within 24 hours of installation.

• Risers for all structures are included in the bid price for structures within 48-inch depth.

When structures are deeper than 48-inches, and not identified in bid item, additional payments will be made for the required concrete risers.

• All concrete risers shall comply with MSD Standard Specifications, and MSD Standard Drawings.

• All structures deeper than 48-inches require compaction backfill. The Contractor shall comply with MSD Standard Specifications (Section 3, 3.3.7.2) when performing compaction work with no additional cost to MSD.

• All pipes’ connections from the combined sewer system shall be SDR-35 pipe material or approved equal.

• All pipe connections to new or existing structures shall be core & seal with boot installation.

3. EARTHWORK

• Re-grading easements and rights-of-way shall require removal of all existing vegetation within the limits of the easement or right-of-way, and the additional 5-foot for front, side, and rear easements to be restored.

• Fill shall be incidental to pipe, and structure installation. The Contractor shall fill all areas with the limits detailed above to provide drainage of yards, sidewalk, and streets. Re-grade and restoration shall be incidental to pipe, and structure installation.

• All restoration shall include seed / S250 BN matting, or approved equivalent.

• All seed must comply with Standard Specifications 9.2.4(A), Turf Quality Fescue, All MSD requirements related to seed bed preparation should be enforced, including Topsoiling, fertilization, and other work as described in MSD Standard Specifications.

• All netting shall be pinned down and secured with “U” metal stakes.

• All matting must comply with MSD Standard Specifications. All MSD requirements related to matting shall be enforced and other work described in MSD Standard Specifications.

• Processed topsoil shall be required to provide a seed base. The seed base shall comply with

MSD Standard Specification.

• Re-grade over the pipe shall be incidental to bid item. The re-grade over the pipe positive flow per MSD Standard Specifications to include all disturbed areas described above.

SPECIAL PROVISIONS:

The Contractor shall comply with general notes, MSD Standard Specifications, and MSD Standard Drawings when performing any work under the Special Provisions.

The Contractor shall be providing a safe construction site at all time during construction, and exercise safe work methods when performing work.

The Contractor shall be responsible for providing MSD with a maintenance of traffic plan for the metro permit, installing, maintaining, and removal of all traffic control measures during construction.

842 Sutcliffe Avenue

a. The 842 Sutcliffe Avenue trap catch basin installation shall include all activities and materials associated with installing trap catch basins, including but not limited to ground restoration, flow diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

e. The Contractor shall be responsible for replacing 8’ x 4’ concrete sidewalk.

f. The Contractor shall be responsible for milling and paving 200 SF of asphalt.

851 Sutcliffe Avenue

a. The 851 Sutcliffe Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 12-inch.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

e. The Contractor shall be responsible for replacing 10’ x 5’ concrete sidewalk.

714 S 37th Street

a. The 714 S 37th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 14 LF of concrete curb.

e. The Contractor shall be responsible for milling and paving 200 SF of asphalt.

717 S 37th Street

a. The 717 S 37th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 14 LF of concrete curb.

726 S 37th Street

a. The 726 S 37th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

729 S 37th Street

a. The 729 S 37th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

e. The Contractor shall be responsible for replacing 7’ x 4’ concrete sidewalk.

746 S 37th Street

a. The 746 S 37th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

745 S 37th Street

a. The 745 S 37th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 15 LF of concrete curb.

e. The Contractor shall be responsible for replacing 4’ x 5’ concrete sidewalk.

822 S 37th Street

a. The 822 S 37th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The Contractor shall be responsible for verifying the outlet pipe for this basin.

d. The Contractor shall be responsible for replacing 10’ x 20’ concrete apron.

722 Dearborn Avenue

a. The 722 Dearborn Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

723 Dearborn Avenue

a. The 723 Dearborn Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

e. The Contractor shall be responsible for replacing 6’ x 3’ concrete sidewalk.

744 Dearborn Avenue

a. The 744 Dearborn Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 15 LF of concrete curb.

e. The Contractor shall be responsible for replacing 8’ x 5’ concrete sidewalk.

743 Dearborn Avenue

a. The 743 Dearborn Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 22 LF of concrete curb.

e. The Contractor shall be responsible for replacing 10’ x 6’ wheelchair ramp.

1022 S 40th Street

a. The 1022 S 40th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 12-inch.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

e. The Contractor shall be responsible for replacing 10’ x 6’ concrete sidewalk.

1025 S 40th Street

a. The 1025 S 40th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The Contractor shall be responsible for verifying the outlet pipe for this basin.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

e. The Contractor shall be responsible for replacing 10’ x 6’ concrete sidewalk.

730 S 40th Street

a. The 730 S 40th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this basin is 12-inch.

d. The Contractor shall be responsible for replacing 10’ x 20’ concrete apron.

705 Cecil Avenue #1

a. The 705 Cecil Avenue #1 trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new

c. The outlet pipe for this basin is 12-inch.

d. The Contractor shall be responsible for replacing 15’ x 10’ concrete sidewalk.

705 Cecil Avenue #2

a. The 705 Cecil Avenue #2 trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this basin is 12-inch.

d. The Contractor shall be responsible for replacing 15’ concrete curb.

e. The Contractor shall be responsible for replacing 15’ x 10’ concrete sidewalk.

802 Cecil Avenue

a. The 802 Cecil Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 8-inch.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

e. The Contractor shall be responsible for replacing 3’ x 5’ concrete sidewalk.

803 Cecil Avenue

a. The 803 Cecil Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this structure is 18-inch.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

e. The Contractor shall be responsible for replacing 3’ x 6’ concrete sidewalk.

1000 Cecil Avenue

a. The 1000 Cecil Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The Contractor shall be responsible for verifying the outlet pipe for this basin.

d. The Contractor shall be responsible for replacing 10 LF of concrete curb.

e. The Contractor shall be responsible for replacing 3’ x 5’ concrete sidewalk.

1001 Cecil Avenue

a. The 1001 Cecil Avenue trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this basin is 24-inch.

3410 W Broadway

a. The 3410 W Broadway trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this basin is 12-inch.

3502 W Broadway

a. The 3502 W Broadway trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new

c. The outlet pipe for this basin is 10-inch.

3704 W Broadway

a. The 3704 W Broadway trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this basin is 8-inch.

3714 W Broadway

a. The 3714 W Broadway trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The Contractor shall be responsible for verifying the outlet pipe for this basin.

3734 W Broadway

a. The 3734 W Broadway trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this basin is 12-inch.

d. The Contractor shall be responsible for replacing 15 LF of concrete curb.

4130 W Broadway

a. The 4130 W Broadway trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this basin is 12-inch.

d. The Contractor shall be responsible for replacing 20 LF of concrete curb.

e. The Contractor shall be responsible for replacing 11’ x 8’ concrete sidewalk.

1248 S 38th Street

a. The 1248 S 38th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The Contractor shall be responsible for verifying the outlet pipe for this basin.

1004 S 45th Street

a. The 1004 S 45th Street trap catch basin installation shall include all activities and materials diversion, and traffic control.

b. The Contractor shall be responsible for removing the exiting catch basin and replacing with a new trap catch basin structure.

c. The outlet pipe for this basin is 10-inch.

MSD CONSTRUCTION PROJECT SIGN

a. The MSD Construction Project Sign shall include all labor, equipment, and materials associated with creating and placing the MSD Construction Project Sign, including but not limited to ground restoration, and traffic control.

b. MSD shall be responsible for providing all the specifications for the sign.

c. The Contractor shall be responsible for placing the sign in a location where outside agency’s as well as the general public.

d. The Contractor shall be responsible for working with MSD Engineering Tech on the placement of the sign.

CONSTRUCTION CONTRACT Rev. 08/15/23 C-1

PROJECT NAME: Chickasaw Trap Catch Basin Replacement Phase 2 Project

CONTRACT NO.: 2026-009

AGREEMENT NO.:

MSD

CONTRACT FOR CONSTRUCTION

This FIXED PRICE CONSTRUCTION CONTRACT (the "Contract") is made and entered into by and between Louisville and Jefferson County Metropolitan Sewer District, of Jefferson County, Kentucky, a public body corporate acting under and by virtue of the laws of the Commonwealth of Kentucky (hereinafter referred to as “MSD”) and (the "CONTRACTOR"). This Contract is executed under seal, and shall be effective on the date executed by the last party to execute the contract.

This Contract is for the construction of a project identified as Chickasaw Trap Catch Basin Replacement Phase 2 Project. The Project is not one of several projects required to achieve the objectives of the Consent Decree between MSD, the United States Department of Justice, the United States Environmental Protection Agency, and the Kentucky Department for Environmental Protection, as amended.

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree:

ARTICLE 1 – GENERAL DEFINITIONS

(A) Approval for Final Payment. Approval for Final Payment is an approval MSD will provide after inspecting the Project and confirming in writing that the Project is complete and that the CONTRACTOR is entitled to the remainder of the Contract Price, less any amount withheld pursuant to the Contract.

(B) Bid Documents. The Bid Documents are the Statement of Policy, CONTRACTOR Insurance and Bonding requirements, Resident Bidder Preference, the Local Labor Preference Policy, the Local Labor Preference Commitment (if required), the requirements of MSD’s Minority and Woman Business Program, the Community Benefits Preference Commitment (if required), the Invitation to Bid and the Information for Bidders, along with all other documents provided to the CONTRACTOR for purposes of bidding, unless otherwise excluded herein.

C-2

(C) Change Order. A Change Order is a written order to the CONTRACTOR executed by

MSD and CONTRACTOR after execution of the Contract, directing a change in the Work and may include a change in the Contract Price or the Contract Time or any combination thereof.

(D) Commencement Date. The Commencement Date is the date the Contract Time starts and the date the CONTRACTOR may begin work, as identified in the MSD Notice to Proceed letter to the CONTRACTOR.

(E) Contract. The Contract includes the following:

(1) Change Orders issued hereafter;

(2) Field Orders issued hereafter;

(3) Amendments executed by MSD and the CONTRACTOR (Addenda);

(4) this document;

(5) the Special Provisions;

(6) Technical Specifications;

(7) MSD Standard Specifications;

(8) the Plans (including MSD Standard Drawings);

(9) the Performance Bond;

(10) the Payment Bond;

(11) the Maintenance Bond;

(12) the Community Benefits Summary Table;

(13) the Bid Proposal, including, without limitation, all documents submitted with same;

(14) the Bid Documents not already listed herein; and

(15) the following additional documents if any: .

Notwithstanding the language of any other provision of the Contract, the Contract does not include any geotechnical reports or other information or material provided to the CONTRACTOR pursuant to Article 9.

(F) Contract Price. The Contract Price is the price to be paid as full and complete payment for the CONTRACTOR’S timely performance of its obligations under the Contract, as

C-3 stated in Article 8(A) and as adjusted by Change Orders.

(G) Contract Time. The Contract Time is the number of days between the Commencement Date and the Final Completion Date.

(H) Field Order. A Field Order is a written order for minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time that is consistent with the intent of the Contract.

(I) Final Completion. Final Completion occurs when MSD confirms in writing that the Project is entirely complete in strict compliance with the Contract.

(J) Force Majeure Event. A Force Majeure Event is an event beyond the control of the CONTRACTOR and MSD, including, without limitation, acts of war, labor disputes, earthquakes, epidemics, pandemics, abnormal and adverse weather conditions not reasonably anticipated, fire or other Acts of God. Provided however, delays attributable to and within the control of any tier of subcontractor or supplier shall be deemed delays within the control of the CONTRACTOR.

(K) Notice of Claim. A Notice of Claim is a written notice provided by the CONTRACTOR to MSD that the CONTRACTOR asserts a claim related to the CONTRACT. The Notice of Claim shall comply with Article 15(A)(1).

(L) Notice of Conditions. A Notice of Conditions is a written notice provided by the CONTRACTOR to MSD of the conditions or reasons for which the CONTRACTOR seeks an increase of the Contract Price or an extension of the Contract Time.