MCS_Reroofing.Phase_1.Specs-12.3.21.pdf

Reroofing at

Four Elementary Schools

Murfreesboro City Schools

Phase 1

Mitchell-Neilson and Reeves-Rogers

December 3, 2021

JOHNSON + BAILEY ARCHITECTS P.C.

100 EAST VINE STREET, SUITE 700

MURFREESBORO, TENNESSEE

TELEPHONE: (615) 890-4560

FAX: (615) 890-4564

J+B NO. 2105-P1

Reroofing at

Four Elementary Schools

Murfreesboro City Schools

Phase 1

December 3, 2021

JOHNSON + BAILEY ARCHITECTS P.C.

100 EAST VINE STREET, SUITE 700

MURFREESBORO, TN 37130

TELEPHONE: (615) 890-4560

FAX: (615) 890-4564

J+B NO. 2105-P1

SECTION 00 01 10 TABLE OF CONTENTS

DIVISION PAGES

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION

00 01 10 - TABLE OF CONTENTS 1

00 01 15 - DRAWING INDEX 1

00 11 13 - ADVERTISEMENT FOR BIDS 2

00 21 13 - INSTRUCTIONS TO BIDDERS 8

00 22 13 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 2

00 41 13 - BID FORM 6

00 52 13 - CITY STANDARD FORM OF AGREEMENT BETWEEN OWNER

AND CONTRACTOR 9

00 72 13 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION WITH

ADDENDUM A & ADDENDUM B 58

- EXHIBIT A TO THE GENERAL CONDITIONS 6

DIVISION 01 - GENERAL REQUIREMENTS

SECTION

01 11 00 - SUMMARY OF WORK 3

01 11 13 - ASBESTOS ABATEMENT SUMMARY OF WORK 4

01 21 29 - QUANTITY ALLOWANCES 1

01 21 43 - TIME ALLOWANCES 2

01 22 00 - UNIT PRICES 1

01 23 13 - MATERIAL OPTIONS 1

01 25 13 - SUBSTITUTIONS AND PRODUCT OPTIONS 3

01 29 00 - APPLICATIONS FOR PAYMENT 2

01 33 13 - ASBESTOS ABATEMENT SPECIAL FORMS 9

01 33 23 - SCHEDULES, REPORTS AND SUBMITTALS 2

01 33 24 - ASBESTOS ABATEMENT SUBMITTALS 5

01 41 00 - REGULATORY REQUIREMENTS 1

01 45 29 - TESTING LABORATORY SERVICES 4

01 50 00 - TEMPORARY FACILITIES 1

01 70 00 - CONTRACT CLOSEOUT 2

01 78 00 - CLOSEOUT SUBMITTALS 2

DIVISION 02 - EXISTING CONDITIONS

SECTION

02 41 19 - SELECTIVE DEMOLITION 2

02 82 13 - ASBESTOS ABATEMENT 12

DIVISION 06 - WOOD & PLASTICS

SECTION

06 10 00 - CARPENTRY 1

DIVISION 07 - THERMAL & MOISTURE PROTECTION

SECTION

07 42 13.13 - FORMED METAL WALL PANELS 4

07 53 23 - EPDM ROOFING SYSTEM 10

07 62 00 - SHEET METAL FLASHING AND TRIM 2

07 72 13 - PREFABRICATED ROOF EQUIPMENT SUPPORTS 1

DIVISION 09 - FINISHES

SECTION

09 91 00 - PAINTING 2

- END OF TABLE OF CONTENTS -

December 3, 2021 © 2021 JOHNSON + BAILEY ARCHITECTS P.C. 2105-P1 00 01 10 - 1

SECTION 00 01 15 DRAWING INDEX

A1.1 MITCHELL-NEILSON ELEMENTARY SCHOOL OVERALL ROOF PLAN

A1.2 MITCHELL-NEILSON ELEMENTARY SCHOOL OVERALL NEW METAL DECK PLAN

A1.3 MITCHELL-NEILSON ELEMENTARY SCHOOL OVERALL ROOF SLOPE PLAN

A1.4 REEVES ROGERS ELEMENTARY SCHOOL OVERALL ROOF PLAN

A1.5 REEVES ROGERS ELEMENTARY SCHOOL OVERALL EXISTING ROOF STRUCTURE PLAN

AND REEVES ROGERS ELEMENTARY SCHOOL OVERALL ROOF SLOPE PLAN

A2.1 MITCHELL-NEILSON ELEMENTARY SCHOOL DEMOLITION ROOF PLAN - PART A

A2.2 MITCHELL-NEILSON ELEMENTARY SCHOOL DEMOLITION ROOF PLAN - PARTS B & C

A2.3 REEVES ROGERS ELEMENTARY SCHOOL DEMOLITION ROOF PLAN - PART A

A2.4 REEVES ROGERS ELEMENTARY SCHOOL DEMOLITION ROOF PLAN - PART B

A3.1 MITCHELL-NEILSON ELEMENTARY SCHOOL ROOF PLAN - PART A

A3.2 MITCHELL-NEILSON ELEMENTARY SCHOOL ROOF PLAN - PARTS B & C

A3.3 REEVES ROGERS ELEMENTARY SCHOOL ROOF PLAN - PART A

A3.4 REEVES ROGERS ELEMENTARY SCHOOL ROOF PLAN - PART B

A4.1 ROOFING DETAILS

A4.2 MITCHELL-NEILSON ELEMENTARY SCHOOL ROOFING DETAILS

A4.3 MITCHELL-NEILSON ELEMENTARY SCHOOL ROOFING DETAILS

A4.4 REEVES ROGERS ELEMENTARY SCHOOL ROOFING DETAILS

A4.5 REEVES ROGERS ELEMENTARY SCHOOL ROOFING DETAILS

S1.0 GENERAL NOTES & METAL DECK INSTALLATION DETAILS

- END OF SECTION -

00 01 15 - 1

SECTION 00 11 13 ADVERTISEMENT FOR BIDS

Reroofing at Four Elementary Schools

Murfreesboro City Schools

Phase 1

The City of Murfreesboro is accepting bids for Reroofing at Four Elementary Schools, Murfreesboro City Schools Phase 1, until 2:00 PM local time on Tuesday, January 25, 2022, at which time the Bids will be opened publicly and read aloud via Zoom. A Zoom link will be provided to all proposers on file. Only electronic bids will be accepted. Bid documents are to be obtained online after registering with ProcureNow at: https://secure.procurenow.com/portal/murfreesborotn Bids received after the above time and date will be rejected.

The project consists of removal of existing roofing materials at areas of two school buildings, and replacement with new EPDM roofing and insulation. Total area to be reroofed is approximately 56,000 square feet. Refer to Specification Section 01 11 00 - SUMMARY OF WORK, for a more complete description of the work.

The issuing office is the City of Murfreesboro located at 111 West Vine Street, Murfreesboro, Tennessee 37130. Prospective Bidders shall be registered with the City of Murfreesboro through the Purchasing Department’s vendor registry system, ProcureNow. Bidding Documents shall be obtained from the City of Murfreesboro Purchasing Department on ProcureNow’s website.

All Bidders must be registered plan holders with the City of Murfreesboro through the Purchasing Department’s vendor registry system, ProcureNow.

If a Bidder desires printed copies of the Bidding Documents, individual drawings, specification sections, and/or complete sets of bidding documents may be purchased from:

PROGRAPHICS

1811 Church Street Nashville, TN 37203 Telephone: 615-327-0386

Bidding documents may be examined at the following:

Dodge Data & Analytics, www.construction.com, 877-784-9556 Builders Exchange of Tennessee, www.bxtn.org, 866-941-2986 Associated General Contractors of Tennessee, www.tnagc.org, 615-244-6344 Nashville Contractors Association, www.ncaplanroom.com, 615-254-8346 ConstructConnect, www.constructconnect.com, 800-364-2059

A Pre-Bid Conference will be conducted at Murfreesboro City Council Chambers, 111 West Vine Street, Murfreesboro, Tennessee, on Tuesday, January 18, 2022, at 10:00 A.M., local time. Attendance at the Pre-Bid Conference is highly recommended, but is not a requirement for bid submittal.

Bidders shall be licensed General Contractors by the State of Tennessee.

Each Proposal shall be accompanied by a bid security in the amount of 5% of the bid. The security is required as a guarantee that, if the bid is accepted, a contract will be entered into.

A performance bond and a labor and material payment bond in the amount of 100% of contract sum, issued by a bonding company licensed in the State of Tennessee and acceptable to Owner, will be required of successful bidder to guarantee faithful performance of work under the contract (see Supplement to General Conditions of the Contract).

December 3, 2021 © 2021 JOHNSON + BAILEY ARCHITECTS P.C. 2105-P1 00 11 13 - 1 https://secure.procurenow.com/portal/murfreesborotn http://www.construction.com, http://www.bxtn.org, http://www.tnagc.org, http://www.ncaplanroom.com, http://www.constructconnect.com, In the event the Bidder to whom the contract is awarded fails to execute a satisfactory contract and bond, they shall be eliminated and shall forfeit their bid bond, and shall be liable for any loss occasioned to the Owner because of such failure.

BY: JOHNSON + BAILEY ARCHITECTS, P.C.

FOR: CITY OF MURFREESBORO

111 WEST VINE STREET

MURFREESBORO, TN. 37130

CATHY SMITH, PURCHASING DIRECTOR

- END OF SECTION -

00 11 13 - 2

SECTION 00 22 13 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

GENERAL: The following supplements modify the "Instructions to Bidders", AIA Document A701, 2018 Edition. Where a portion of the "Instructions to Bidders" is modified or deleted by these Supplementary Instructions, the unaltered portions of the Instructions to Bidders shall remain in effect.

ARTICLE 1: DEFINITIONS

ADD THE FOLLOWING PARAGRAPH 1.10:

1.10 The Owner for this project is: The Architect for this project is:

City of Murfreesboro Johnson + Bailey Architects, P.C.

111 West Vine Street 100 East Vine Street, Suite 700 Murfreesboro, Tennessee 37130 Murfreesboro, Tennessee 37130

ARTICLE 3: BIDDING DOCUMENTS

REVISE PARAGRAPH 3.1.2 AS FOLLOWS:

3.1.2 Bidding Documents shall be obtained from the City of Murfreesboro Purchasing Department on ProcureNow’s website.

ADD THE FOLLOWING PARAGRAPH 3.1.5:

3.1.5 Bidders are required to register as a bidder with ProcureNow. Bids from Contractors not registered with ProcureNow as a plans holder will not be opened.

REVISE PARAGRAPH 3.2.2 AS FOLLOWS:

3.2.2 Bidders and sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a request through ProcureNow’s Website at least five (5) days prior to bid opening.

ADD THE FOLLOWING PARAGRAPH 3.2.4:

3.2.4 If discrepancies exist between or within the Drawings and Specifications and time does not permit preparation and delivery of Addenda, Bidders shall figure to furnish and install the item involving the higher quality and greater amount of labor and materials.

REVISE PARAGRAPH 3.4.3 AS FOLLOWS:

3.4.3 Addenda will be issued no later than forty eight (48) hours prior to bid opening except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

ARTICLE 4: BIDDING PROCEDURES

REVISE PARAGRAPH 4.1.1 AS FOLLOWS:

4.1.1 Bids shall be submitted on Proposal Forms located in the specifications (see Section 00 41 13).

Bidders are to remove the Proposal Form from the Specifications and photocopy the form.

Bid Form, Bid Bond, Form for Certificate of Compliance with Tennessee Licensing Law, Drug-Free Workplace Program Certification, and Certificate of Compliance with the Iran Divestment Act, shall be submitted with the bid.

00 22 13 - 1

REVISE PARAGRAPH 4.2.1 AS FOLLOWS:

4.2.1 Each Bid shall be accompanied by a bid security in the amount of 5% of the bid amount. Security may be either a Bid Bond accompanied by a Power of Attorney, or a certified check payable to City of Murfreesboro. If the certified check method is chosen, the check shall be delivered to City of Murfreesboro Purchasing Department, 111 West Vine Street, Murfreesboro, Tennessee, prior to the time of bid opening.

REVISE PARAGRAPH 4.3.2 AS FOLLOWS:

4.3.2 Bids are to be submitted through the City of Murfreesboro Purchasing Department’s vendor registry system, ProcureNow, at https://secure.procurenow.com/portal/murfreesborotn.

ARTICLE 5: ACCEPTANCE OF BID (AWARD)

ADD THE FOLLOWING PARAGRAPH 5.3.3 AS FOLLOWS:

5.3.3 A “Qualified” bidder is one who meets the minimum standards of experience, financial ability, reputation, and work history for past projects for the owner.

ARTICLE 6: POST-BID INFORMATION

REVISE PARAGRAPH 6.3.1. AS FOLLOWS:

6.3.1. The low Bidder, within 48 hours of the bid opening, shall furnish to the Owner through the Architect in writing by e-mail to the Architect (rlynch@jbarchitects.com) the following:

.1 a designation of the Work to be performed with the Bidder's own forces;

.2 names of the manufacturers, products and the suppliers of principal items or systems of materials and equipment proposed for the Work whose contract exceeds $10,000.00;

.3 names of Subcontractors or Material Suppliers (including those who are to furnish materials or equipment fabricated to a special design) proposed for each section, or Subsection as appropriate, listed in the Project Specifications whose contract exceeds $10,000.00; and

.4 The Subcontractors and Material Suppliers listed may not be changed without approval of the Owner and Architect.

ADD THE FOLLOWING PARAGRAPH 6.3.5

6.3.5: Prior to execution of contract deliver to Architect satisfactory proof of carriage of all insurance required by the Supplement to General Conditions.

REVISE PARAGRAPH 7.2.1 AS FOLLOWS:

7.2.1. The low Bidder shall, within ten (10) consecutive calendar days after the date of receipt of written notification confirming the Owner's intent to award the Contract, deliver the required Bonds, Certificates of Insurance and Insurance Binders or policies (where applicable), to the Owner through the Architect.

- END OF SECTION -

00 22 13 - 2

SECTION 00 41 13 BID FORM

Reroofing at Four Elementary Schools

Murfreesboro City Schools

Phase 1

J+B No. 2105-P1

DATE SUBMITTED: CONTRACTOR:

TO: City of Murfreesboro 111 West Vine Street Murfreesboro, Tennessee 37130

Gentlemen:

The undersigned, as Bidder, hereby declares that the only person, or persons interested in this Proposal as principal, or principals, is or are named herein and that this Proposal is in all respects fair and in good faith without collusion or fraud.

The Bidder further declares that he has examined the site of the Work and informed himself fully in regard to all conditions thereon and has examined the Drawings, Specifications, and Contractual Documents for the Work and has satisfied himself relative to the Work to be performed.

Time being of the essence, the Bidder proposes and agrees to commence work with an adequate force and equipment on a date to be specified in a written Order of the Architect, and to complete all work within Sixty

(60) consecutive calendar days after Notice to Proceed.

It is understood that the Notice to Proceed with construction will not be issued until the following documents have been delivered to the Owner through the Architect for review and execution:

- Contractor executed Standard Form of Agreement Between Owner and Contractor, AIA Document, A101, 2007 Edition.

- Performance Bond, Material and Labor Payment Bond.

- Insurance Certificate

- List of Subcontractors

- Schedule of Values

- Builders Risk Insurance (purchased for Owner by Contractor)

Whereas the Owner will suffer loss of use if the project is not complete on or before Sixty (60) consecutive calendar days after Notice to Proceed is issued, the Contractor and his Surety shall be liable for and shall pay to the Owner the sum of Three Hundred Dollars ($300.00) as fixed and agreed liquidated damages for each calendar day of delay (in excess of the Contract Completion Date established herein) until the work is substantially complete as defined in AIA Document A201, Subparagraph 9.8.1. Architect shall issue a Certificate of Substantial Completion (AIA Document G704) to verify date work is substantially complete.

The Bidder further agrees that he will not withdraw this Proposal within a period of forty-five (45) consecutive calendar days from and including the date of this Proposal and that, if this Proposal is accepted, he will execute a Contract within said forty-five (45) day period and within five (5) consecutive calendar days after date of written notice of such acceptance. In case of failure on the Bidder's part to perform as agreed above, the monies payable on the Bid Bond accompanying this Proposal shall be paid into the funds of the Owner as liquidated damages for such failure; otherwise, the Bid Bond shall be returned to the Bidder.

The Bidder further proposes and agrees to contract with the Owner on the AIA Standard Form of Agreement between Owner and Contractor for a Lump Sum to furnish for the following sum all necessary materials, equipment, tools, apparatus, means of transportation and labor necessary to complete the construction of the Project in complete accordance with the shown, noted, described, and reasonable intended requirements of Drawings, Specifications, and Contract Documents with the definite understanding that no money will be allowed for extra work except as set forth in the Contractual Documents.

00 41 13 - 1

The Bidder further agrees that he and each subcontractor employing no less than five (5) employees will execute and submit to the Owner the attached DRUG FREE WORKPLACE AFFIDAVIT. No Contractor or Subcontractor may perform work on this project unless this form is fully executed and submitted prior to the start of the project. The General Contractor shall submit a fully executed, notarized copy of this form with this bid.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to T.C.A. §12-12-106 (The Iran Divestment Act - July).

BID DOLLARS

UNIT PRICE PROPOSALS

The following unit price Proposals shall be utilized to compute additional compensation due the Contractor for additional work. Refer to Section 01 22 00 - UNIT PRICES, for definitions. Refer to Section 01 21 29, QUANTITY ALLOWANCES, for quantities to be included in base bid.

1. DOLLARS PER BOARD FOOT ($ ).

For removal of damaged existing wood roof edge nailers, and replacement with new wood nailers.

2. DOLLARS PER BOARD FOOT ($ ).

For removal of deteriorated existing gypsum roof deck at Mitchell-Neilson Elementary School, and replacement with new metal deck as shown on Detail 2/A4.3 and Detail 3/S1.0.

The undersigned states that he has received and taken into consideration

Addenda No. Dated

Addenda No. Dated

Addenda No. Dated

EXECUTION OF AGREEMENT:

The undersigned agrees that if written notice of acceptance of this proposal is mailed, telegraphed, or delivered to him within forty-five (45) days after opening of proposals, he will promptly execute an Agreement with the

Owner in accordance with the Bid Documents.

COMPANY: DATE:

BY: TITLE:

00 41 13 - 2

FORM FOR

CERTIFICATE OF COMPLIANCE

WITH

TENNESSEE LICENSING LAW

This is to certify that the undersigned has fully complied with all requirements of Chapter 135, Public Acts of 1945, and Chapter 164, Public Acts of 1947, of the General Assembly of the State of Tennessee, known as the General Contractors Licensing Law. Certificate No. was issued to the undersigned on , 20 , by the State Board of Licensing General Contractors.

My license limit is and my bid does not exceed this. My license classification and limit are as follows: ____________________________ Classification

Limit

BIDDER

BY

TITLE

00 41 13 - 3

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

STATE OF

COUNTY OF

CONTRACTOR’S AFFIDAVIT ON COMPLIANCE

WITH DRUG-FREE WORKPLACE ACT AND CERTIFICATE

Bidder, after being first duly sworn, affirms that it has a Drug-Free Workplace Program that complies with

Tennessee Code Annotated, Title 50, Chapter 9, in effect at the time of submission of its bid, at least to the extent required of governmental entities. Bidder affirms that:

1. it has received a Certificate of Compliance with the applicable proportions of the Drug-Free Workplace

Act from the Department of Labor and Workforce Development and has attached a copy of such certificate to this Affidavit; or,

2. it operates a drug and alcohol testing program at least as stringent as the City of Murfreesboro’s drug and alcohol testing program as contained in Sections 3005 and 3006 of the City of Murfreesboro

Employee Handbook and shall, upon request, provide documentation of such program to the City.

Name of Bidder

Printed Name and Title of Principal Officer

Signature by Principal Officer

Sworn to and subscribed before me a Notary Public for the above state and county, on this ________ day of _____________________, 20___.

Notary Public

My Commission Expires ____________________

00 41 13 - 4

Pursuant to T.C.A. § 50-9-113, a Bidder must have a Drug-Free Workplace Program that complies with Tennessee Code Annotated, Title 50, Chapter 9 in effect at the time of submission of its bid, at least to the extent required of governmental entities.

The City of Murfreesboro has a Drug-Free Workplace Program certified by the Tennessee Department of Labor and Workforce Development pursuant to Title 50, Chapter 9. The City of Murfreesboro Drug-Free Workplace Program is set forth in City of Murfreesboro Employee Handbook Sections 3005 and 3006 (copies available without charge upon request). City of Murfreesboro Employee Handbook Sections 3005 and 3006 provide for the random testing, reasonable suspicion testing, pre-employment testing, promotion or transfer testing, post-accidental testing, return-to-duty testing, and follow-up testing of all employees classified as safety sensitive or as CDL employees for alcohol and/or drugs. Additionally, Murfreesboro Employee Handbook Section 3005 provides for reasonable suspicion testing, return-to-duty testing, and follow-up testing for non-safety sensitive employees for drugs and alcohol. Such testing is conducted using the same standards as in the United State Department of Transportation Regulations established for the drug and alcohol testing of CDL operators.

A bidder for construction services is required to submit an Affidavit, as part of its bid, that attests that such bidder operates a Drug-Free Workplace Program or other drug or alcohol testing program with requirements at least as stringent as that of the program operated by the City of Murfreesboro.

Bidder may satisfy this requirement by attaching a copy of a Certificate of Compliance with the applicable provisions of the Drug-Free Workplace Act from the Department of Labor and Workforce Development to the City to the required Affidavit.

Pursuant to T.C.A. §50-9-114(d), unless suit is filed in Chancery Court, bidders shall have seven (7) calendar days to contest a contract entered into by contractors subject to the provisions of this section. Bidders who do not contest such contracts within seven (7) days by filing suit in Chancery Court waive any right to challenge such contract for violating the provisions of T.C.A. §50-9-113 and T.C.A.. §50-9-114. Such suits shall be brought in the Chancery Court in Rutherford County.

00 41 13 - 5

CERTIFICATION OF COMPLIANCE WITH

THE IRAN DIVESTMENT ACT

Effective July 1, 2016, this form must be submitted for any contract that is subject to the Iran Divestment Act, Tenn. Code Ann. § 12-12-101, et seq., (“Act”). This form must be submitted with any bid or proposal regardless of where the principal place of business is located.

Pursuant to the Act, this certification must be completed by any corporation, general partnership, limited partnership, limited liability partnership, joint venture, nonprofit organization, or other business organization that is contracting with a political subdivision of the State of Tennessee.

Certification Requirements.

No state agency or local government shall enter into any contract subject to the Act, or amend or renew any such contract with any bidder/contractor who is found ineligible under the Act.

Complete all sections of this certification and sign and date it, under oath, in the presence of a Notary Public or a person authorized to take an oath in another state.

CERTIFICATION:

I, the undersigned, certify that by submission of this bid, each bidder and each person signing on behalf of any Respondent certifies, and in the case of a joint bid or contract each party thereto certifies, as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to Tenn. Code Ann. § 12-12-106.

Respondent represents it has the full power, knowledge, and authority to make this Certification and that the signatory signing this Certification on behalf of bidder/contractor has been duly authorized to do so on behalf of the bidder/contractor.

Printed Respondent Name Printed Name of Authorized Official

Signature of Authorized Official

Date

- END OF SECTION -

00 41 13 - 6

AIA

Document A101TM – 2017

Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and

International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at

12:50:48 ET on 12/31/2019 under Order No.0773232877 which expires on 01/24/2020, and is not for resale.

User Notes: (913913456)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions

Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

The parties should complete

A101™–2017, Exhibit A, Insurance and Bonds, contemporaneously with this

Agreement. AIA Document

A201™–2017, General

Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « » day of « » in the year « »

(In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

« City of Murfreesboro, Tennessee, »«a municipality organized under the laws of the

State of Tennessee »

«111 West Vine Street »

«Murfreesboro, Tennessee 37130» and the Contractor:

for the following Project:

(Name, location and detailed description)

«Reroofing at Four Elementary Schools»

« Murfreesboro City Schools

Phase 1 »

« J+B No. 2105-P1 »

The Architect:

« Johnson+Bailey Architects P.C. »« »

« 100 East Vine Street »

« City Center, Suite 700 »

« Murfreesboro, Tennessee 37130 »

The Owner and Contractor agree as follows.

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and

International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at

12:50:48 ET on 12/31/2019 under Order No.0773232877 which expires on 01/24/2020, and is not for resale.

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other

Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in

Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be the date specified in the Notice to Proceed issued by the

Owner. Contractor is not authorized to undertake any Work until the date set forth in the Notice to Proceed.

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

§ 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

[ « » ] Not later than « sixty » ( « 60 » ) calendar days from the date of commencement of the Work.

[ « » ] By the following date: « »

§ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial

Completion of such portions by the following dates:

Portion of Work Substantial Completion Date

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and

International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at

12:50:48 ET on 12/31/2019 under Order No.0773232877 which expires on 01/24/2020, and is not for resale.

§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the

Contract. The Contract Sum shall be « » ($ « » ), subject to additions and deductions as provided in the Contract

Documents.

§ 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance

§ 4.3 Allowances, if any, included in the Contract Sum:

(Identify each allowance.)

Item Quantity Removal of damaged existing wood roof edge nailers, and replacement with new wood nailers.

200 Board Feet

Removal of deteriorated existing gypsum deck at Mitchell-Neilson

Elementary School, and replacement with new metal deck as shown on Detail

2/A4.3 and Detail 3/S1.0.

300 Square Feet

§ 4.4 Unit prices, if any:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Board Foot ($0.00)

.1 For removal of damaged existing wood roof edge nailers, and replacement with new wood nailers.

.2 For removal of deteriorated existing gypsum deck at Mitchell-Neilson Elementary

School, and replacement with new metal deck as shown on Detail 2/A4.3 and Detail 3/S1.0.

§ 4.5 Liquidated Damages

§ 4.5.1 Because failure to complete the Project within the time fixed in Section 3.3 will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, should the

Contractor fails to achieve Substantial Completion of the Work within the time so fixed, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract Documents, the

Contractor or its Surety shall pay to the Owner as liquidated damages for such delay, and not as a penalty, $300.00 for each and every calendar day elapsing between the date fixed for Substantial Completion in Section 3.3 and the date such Substantial Completion shall have been fully accomplished.

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§ 4.5.2 Any liquidated damages assessed pursuant to Section 4.2.1. shall be payable in addition to any excess expenses or costs payable by the Contractor to the Owner under the provisions of Article 14 of the General

Conditions, and shall not preclude the recovery of damages by the Owner under other provisions of the Contract

Documents, except for Contractor's delays. This provision for liquidated damages for delay shall in no manner affect the Owner's right to terminate the Contract as provided in Article 14 of the General Conditions ("Termination or

Suspension of the Contract") or elsewhere in the Contract Documents. The Owner may deduct from the balance of retainage the liquidated damages stipulated herein or in the next paragraph hereof, as the case may be, or such portion thereof as the retained balance will cover.

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

« § 4.6.1 The Owner shall not be liable for the Contractor or any Subcontractor for claims or damages of any nature caused by or arising out of any delays. The sole remedy of Contractor or any Subcontractor for delays of any cause shall be the allowance of addition time for completion of Work, provided such additional time is reflected in a written, signed Change Order. »

ARTICLE 5 PAYMENTS

§ 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for

Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the

Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 At least every 30 calendar days after the Contractor’s commencement of the Work, but not more frequently than once per calendar month, the Contractor shall submit an Application for Payment to the Architect requesting payment for labor, services, and materials rendered or delivered during the preceding 30 calendar days. Each

Application for Payment request shall contain such detail and be supported by sufficient information for the Owner and Architect to fully assess the request. The Architect will review the Contractor’s Application for Payment and the accompanying data, information, and schedules (which are submitted in accordance with the Contract Document or at the Architect’s request) to determine the amount the Contractor is due and, based on such review, together with its inspections of the Work, shall authorize in writing the requested payment to the Contractor.

§ 5.1.3 Provided the Application for Payment and all required supporting documentation is received by the Architect not later than the fifth day of the month, within 30 calendar days following Architect’s authorization of payment, the

Owner shall pay the sum authorized to the Contractor. No payment nor any use or occupancy of the Project, whether in total or partially, by the Owner constitutes an acceptance of any Work not in accordance with the

Contract Documents.

(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the

Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract

Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work;

.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and

.3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified.

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§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;

.4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; and

.5 Retainage withheld pursuant to Section 5.1.7.

§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

« five percent (5%) »

§ 5.1.7.1.1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)

§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows:

(Insert any other conditions for release of retainage upon Substantial Completion.)

§ 5.1.8 [Intentionally omitted.]

§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the

Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct

Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment;

.2 a final Certificate for Payment has been issued by the Architect;

.3 the Contractor has submitted its final waiver of lien and final waivers of lien from all of its

Subcontractors and suppliers in a form acceptable to the Owner; and .4 the Contractor has submitted to the Owner all close-out documents, including without limitation, all as-build plans, warranties, manuals, and other materials set forth in the Contract Documents.

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§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the

Architect’s final Certificate for Payment, or as follows:

§ 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the daily interest rate factor (365 days) of the prime interest rate reported by JP Morgan as of the payment due date.

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)

§ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows:

(Check the appropriate box.)

[ « » ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017

[ « » ] Litigation in a court of competent jurisdiction

[ « X » ] Other (Specify)

« AIA Document A201™–2017, General Conditions of the Contract for Construction Addendum B, Dispute Resolution Procedures»

If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document

A201–2017. In addition, the Owner may terminate this Contract in the event of the unavailability of appropriated funds or a determination by Owner of the absence of continued need for the Project.

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract

Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract

§ 8.2 The Owner’s representative:

(Name, address, email address, and other information)

« Craig Tindall, City Manager »

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and

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« 111 West Vine Street »

« Murfreesboro, TN 37130 »

« Tel: (615) 849-2629 »

« Email: ctindall@murfreesborotn.gov »

« or his designee as indicated in writing from time to time.»

§ 8.3 The Contractor’s representative:

(Name, address, email address, and other information)

§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party.

§ 8.5 Insurance and Bonds § 8.5.1 The Contractor shall purchase and maintain insurance as set forth in Exhibit A, and elsewhere in the Contract

§ 8.5.2 The Contractor shall provide bonds as set forth in Exhibit A, and elsewhere in the Contract Documents.

§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below:

(If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)

§ 8.7 Other provisions:

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

§ 9.1 This Agreement is comprised of the following documents:

.1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor

.2 Exhibit A, Contractor’s Insurance and Bonds Requirements

.3 AIA Document A201™–2017, General Conditions of the Contract for Construction, including

Addendum A, Contractor’s Standard Form Subcontract, and Addendum B, Dispute Resolution

Procedures

.4 [Intentionally Omitted]

.5 Drawings

Number Title Date 00 01 15 Drawing Index December 3, 2021

.6 Specifications

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Section Title Date Pages

00 01 10 Table of Contents December 3, .7 Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding or proposal requirements are not part of the Contract

Documents unless the bidding or proposal requirements are also enumerated in this Article 9.

.8 Other Exhibits:

(Check all boxes that apply and include appropriate information identifying the exhibit where required.)

[ « » ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:

(Insert the date of the E204-2017 incorporated into this Agreement.)

[ « » ] The Sustainability Plan:

Title Date Pages

[ « » ] Supplementary and other Conditions of the Contract:

Document Title Date Pages

00 73 00 Supplementary

Conditions

.9 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AIA

Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.)

« Section 00 11 16, Invitation to Bidders, December 3, 2021 (1 page)

Section 00 21 13, Instructions to Bidders, December 3, 2021 (6 pages)

Section 00 22 13, Supplementary Instructions to Bidders, December 3, 2021 (3 pages)

Section 00 31 13, Bid Form December 3, 2021 (6 pages) »

This Agreement entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

« Shane McFarland, »«Mayor » « »« »

(Printed name and title) (Printed name and title)

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APPROVED AS TO FORM:

Adam F. Tucker, City Attorneyy

Rev. 101316

EXHIBIT A

CONTRACTOR'S INSURANCE AND BOND REQUIREMENTS

Contractor must, as a material obligation to the Owner and a condition precedent to any payment otherwise due to Contractor, furnish and maintain, and cause its Subcontractors to furnish and maintain, the insurance and bonds required by this Exhibit.

Contractor must secure and maintain such insurance coverage and bonds, without interruption, from the date of commencement of the Work until the later of the date of Final Completion, the date of final payment, or the date until which this Agreement requires any coverage to be maintained after final payment, in accordance with the requirements set forth below.

1. Commercial General Liability Insurance.

1.1 The CGL policy must be written on an occurrence basis, on ISO form CG 001 or its equivalent, providing coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), contractual liability, incidental professional liability, the hazards commonly referred to as XCU (explosion,…