Project-Manual-Specifications_4556302_Veterans-Park_2024-12-10.pdf

PROJECT MANUAL

CONSTRUCTION DOCUMENTS

Veterans Park City of Murfreesboro

Rutherford County, TN

Gresham Smith Project No. 45563.02

November 25, 2024 (Open for Bid Date December 10, 2024)

Mayor

Shane McFarland

Vice-Mayor

Bill Shacklett

Councilmembers

Jami Averwater

Madelyn Scales Harris

Austin Maxwell

Kirt Wade

Shawn Wright

222 2nd Avenue South Suite 1400

Nashville, Tennessee 37201 615-770-8100

Murfreesboro, Tennessee Gresham Smith Project No.: 45563.02

SEALS PAGE 00 0107 - 5 of 6

SECTION 00 0107

SEALS PAGE

DESIGN PROFESSIONALS OF RECORD

E. MECHANICAL / PLUMBING ENGINEER:

Johnathan Woodside

Gresham Smith

TN License No. 115814

12/09/2024

Johnathan Woodside

Digitally signed by Johnathan Woodside

DN:

E=johnathan.woodside@greshamsmith.com, CN=Johnathan Woodside, O=Gresham Smith, L=Nashville, S=Tennessee, C=US Reason: I am approving this document.

Contact Info: Vice President Date: 2024.12.09 10:28:21-06'00'

Murfreesboro, TN Gresham Smith Project No.: 45563.02

Table of Contents 00 0110 - 1 of 5

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 0107 - Seals Page 00 0110 - Table of Contents 00 1113 - Advertisement for Bids 00 2113 - Instructions to Bidders 00 2513 - Pre-Bid Conference 00 4100 - Bid Form 00 4313 - Bid Bond 00 5100 - Notice of Award 00 5200 - Agreement (Stipulated Price) 00 5500 - Notice to Proceed 00 6113.13 - Performance Bond 00 6113.16 - Payment Bond 00 6216 - Certificates of Insurance 00 6276 - Application for Payment 00 6516 - Certificate of Substantial Completion 00 6536 - Warranty Bond 00 7200 - General Conditions 00 7300 - Supplementary Conditions 00 9113 - Addenda 00 9439 - Field Order 00 9449 - Work Change Directive 00 9463 - Change Order

Gresham Smith Project No.: 45563.02

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SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 0000 - General Requirements 01 1000 - Summary of Work 01 2600 - Contract Modification Procedures 01 3100 - Project Management 01 3216 - Construction Progress Schedule 01 3300 - Submittal Procedures 01 3573 - Delegated Design Procedures 01 4000 - Quality Requirements 01 4100 - Regulatory Requirements 01 4216 - Definitions 01 5000 - Temporary Facilities and 01 5713 - Temporary Eorsion and Sediment Control 01 6100 - Product Requirements 01 7000 - Execution and Closeout Requirements 01 7800 - Closeout Submittals

DIVISION 02 - EXISTING CONDITIONS

02 4100 - Demolition

DIVISION 03 - CONCRETE

03 0516 - Underslab Vapor Barrier - Stego Industries 03 3000 - Cast-In-Place Concrete (GS) 03 3816 - Post-Tensioned Concrete (GS)

DIVISION 04 - MASONRY

04 2000 - Unit Masonry 04 4313 - Stone Masonry Veneer

DIVISION 05 - METALS

05 1200 - Structural Steel Framing (GS)

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 1000 - Rough Carpentry 06 1500 - Wood Decking 06 1800 - Glued-Laminated Construction 06 4101 - Laminate-Faced Architectural Casework (GS)

DIVISION - 07 - THERMAL AND MOISTURE PROTECTION

07 2210 - Nailbase Insulation Panels 07 4113 - Metal Roof Panels 07 4213 - Metal Wall Panels 07 6200 - Sheet Metal Flashing and Trim 07 7200 - Roof Accessories 07 9200 - Joint Sealants

DIVISION 08 - OPENINGS

08 1113 - Hollow Metal Doors and Frames 08 3323 - Overhead Coiling Doors

Gresham Smith Project No.: 45563.02

Table of Contents 00 0110 - 3 of 5

DIVISION 09 - FINISHES

09 3000 - Tiling 09 6700 - Fluid-Applied Flooring 09 9000 - Interior and Exterior Painting 09 9600 - High-Performance Coatings

DIVISION 10 - SPECIALTIES

10 1400 - Signage 10 7500 - Flagpoles

DIVISION 12 - FURNISHINGS

12 3600 - Countertops

DIVISION 13 - SPECIAL CONSTRUCTION

DIVISION 14 - CONVEYING EQUIPMENT

DIVISION 21 - FIRE SUPPRESSION

DIVISION 22 - PLUMBING

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITION (HVAC)

DIVISION 25 - INTEGRATED AUTOMATION

DIVISION 26 - ELECTRICAL

26 0500 - Common Work Results for Electrical (GSBE) 26 0519 - Low-Voltage Electrical Power Conductors and Cables (GSBE) 26 0519.14 - Type AC and Type MC Cable (GSBE) 26 0526 - Grounding and Bonding for Electrical Systems 26 0529 - Hangers and Supports for Electrical Systems (GSBE) 26 0531 - Cabinets and Enclosures (GSBE) 26 0533 - Raceways and Boxes for Electrical Systems (GSBE) 26 0543 - Underfloor Ducts and Raceways for Electrical Systems (GSBE) 26 0547 - Electrical Service Entrance (GSBE) 26 0548 - Vibration and Sesimic Controls for Electrical Systems (GSBE) 26 0553 - Identification for Electrical Systems (GSBE) 26 0943 - Network Lighting Controls (GSBE) 26 1116 - Secondary Unit Substations (GSBE) 26 1300 - Medium-Voltage Switchgear (GSBE) 26 2200 - Low-Voltage Transformers (GSBE) 26 2416 - Panelboards (GSBE) 26 2713 - Electricity Metering (GSBE) 26 2726 - Wiring Devices (GSBE) 26 2813 - Fuses (GSBE) 26 2816 - Enclosed Switches and Circuit Breakers (GSBE) 26 5119 - LED Interior Lighting (GSBE) 26 5619 - LED Exterior Lighting (GSBE)

DIVISION 27 -- COMMUNICATIONS

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

28 0500 - Basic Electronic Safety and Security Requirements (GSBE) 28 0510 - Provisions for Owner-Furnished Electronic Safety and Security Systems (GSBE)

Gresham Smith Project No.: 45563.02

Table of Contents 00 0110 - 4 of 5

28 0513 - Conductors and Cables for Electronic Safety and Security (GSBE) 28 1300 - Access Control (GSBE)

DIVISION 31 - EARTHWORK

31 0519 - Geosynthetics for Earthwork 31 1000 - Site Clearing 31 2200 - Grading 31 2316 - Excavation 31 2316.13 - Trenching 31 2316.26 - Rock Removal 31 2323 - Fill 31 3116 - Termite Control 31 3700 - Riprap

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 1123 - Aggregate Base Courses 32 1216 - Asphalt Paving 32 1313 - Concrete Paving 32 1413 - Precast Concrete Unit Paving 32 1500 - Aggregate Surfacing 32 1713 - Parking Bumpers 32 1716 - Calming Devices (GSBE) 32 1723 - Pavement Markings 32 1726 - Tactile Warning Surfacing 32 3113 - Chain Link Fences and Gates 32 3300 - Site Furnishings 32 3313 - Site Bicycle Racks 32 8423 - Underground Sprinklers 32 9219 - Seeding 32 9300 - Plants

DIVISION 33 - UTILITIES

33 0561 - Concrete Manholes 33 1416 - Site Water Utility Distribution Piping 33 3113 - Site Sanitary Sewerage Gravity Piping 33 4100 - Subdrainage 33 4211 - Stormwater Gravity Piping 33 4213 - Stormwater Culverts 33 4230 - Stormwater Drains 33 4600 - Stormwater Management

DIVISION 46 - WATER AND WASTEWATER EQUIPMENT

ISSUED: DATE:

ISSUED FOR BID 11.25.2024

Gresham Smith Project No.: 45563.02

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©2024 GRESHAM SMITH. ALL RIGHTS RESERVED. USE SUBJECT TO ANY WRITTEN AGREEMENT WITH

GRESHAM SMITH.

END OF SECTION 00 0110

Project 45563.02 00 11 13-1

SECTION 00 11 13

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of Veterans Park will be received by the City of Murfreesboro. Only electronic bids will be received. Electronic bids must be submitted on or before 2:00 PM CDT on January 14, 2025. At which time the Bids will be opened, read aloud, and the apparent successful Bidder identified via Zoom. A Zoom link will be provided to all prospective bidders registered and identified as following this Bid. Bids received after the above time and date will be rejected. The bid document may be obtained online after registering at: https://procurement.opengov.com/portal/murfreesborotn.

The following is a general description of the Project:

Construction of a public park for the City of Murfreesboro, including a playground, sports courts, multi-purpose field, event lawn, pavilions, and trails. Infrastructure paving, grading, stormwater, and utilities are intended to serve the park and potential future phases of further development on the site.

Bids will be received for a single prime Contract. Bids shall be on a lump sum basis, with unit price bid items within as indicated in the Bid Form. All bids must be in accordance with the Bidding Documents prepared by the Engineer and issued by the Issuing Office.

The Issuing Office is the City of Murfreesboro located at 111 West Vine Street, Murfreesboro, Tennessee 37130-3573. Prospective Bidders shall be registered with the City of Murfreesboro through the Purchasing Department’s vendor registry system, OpenGov. Bidding Documents may be obtained from the City of Murfreesboro Purchasing Department on OpenGov’s website.

Bidding Documents also may be examined at the following:

• Gresham Smith office

All Bidders must be registered plan holders with the City of Murfreesboro through the Purchasing Department’s vendor registry system, OpenGov. If a Bidder desires printed copies of the Bidding Documents, printed copies may be obtained from the Engineer, Gresham Smith, after December 10, 2024, upon payment of a non-refundable deposit of $500.00 for each complete set of drawings and specifications, or $100.00 digital download fee. Checks for Bidding Documents shall be payable to “Gresham Smith”. Upon request and receipt of the document deposit indicated above plus a non-refundable shipping charge, the Engineer will transmit the Bidding Documents via delivery service. The shipping charge amount will depend on the shipping method selected by the prospective Bidder. The date that the Bidding Documents are transmitted by the Engineer will be considered the Bidder’s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing https://procurement.opengov.com/portal/murfreesborotn

Project 45563.02 00 11 13-2

Office. Electronic Bidding Documents may be obtained at no cost from the City of Murfreesboro Purchasing Department on OpenGov’s website. No other electronic media design document copies will be issued or allowed to be issued for this project without the express written permission of the Engineer.

A pre-bid conference will be held on December 18, 2024 at City Hall, 111 West Vine Street, Council Chambers.

The meeting will begin at 10:00 AM. Attendance at the pre-bid conference is highly encouraged but is not mandatory. The site will be available for bidders to review in-person; coordinate with Nate Williams for access (615-890-5333 or nwilliams@murfreesborotn.gov).

A “Bid Bond” or other bond security in the amount of 5 percent of the bid amount must be uploaded with the submitted bid on OpenGov. Original bid bond must be in hand to the City’s Purchasing Department prior to an award being made. The successful Bidder will be required to furnish a “Performance Bond” and a “Payment Bond”, each for 100 percent of the contract amount, as security for the faithful performance of the work and the payment of all bills and obligations arising from the performance of the work.

All bids, which shall include the costs for payment and performance bonds when required, shall remain binding on the Contractor for a period of 90 days after the bid date and time and the Owner reserves the right to accept any bid or bid alternate, to reject any or all bids, or to waive any informalities in bids received where such acceptance, rejections, or waiver is considered to be in the best interest of the Owner. All alternates requested on the bid form will be considered in the award of the Contract.

Pursuant to Tennessee Code Annotated Title 62, Chapter 6, Part 1, if a bid is $25,000 or above, bidder must be a licensed contractor as required by the Contractor’s Licensing Act of 1976, Public Chapter No. 822 of the General Assembly of the State of Tennessee as amended. In accordance with T.C.A. §62-6-119, Bidder shall place their bid in an envelope or provide within the electronic bid document: (1) the bidder’s name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract; (2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract (if applicable) where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000); (3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000); (4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000); (5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and (6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document.

Owner: City of Murfreesboro By: Cathy Smith Title: Purchasing Director Date: December 10, 2024

END OF SECTION 00 11 13

Project 45563.02 00 21 13-1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions and Supplementary Conditions. Additional terms used in these Instructions to

Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

B. Bidder – One who submits a Bid directly to the Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

C. Successful Bidder – the lowest, responsible, and responsive Bidder to whom the Owner (on the basis of the Owner’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Bids will be received for a single prime Contract. Bids shall be on a lump sum basis, with unit price bid items within as indicated in the Bid Form. All bids must be in accordance with the

Bidding Documents prepared by the Engineer and issued by the Issuing Office.

2.02 Complete sets of the Bidding Documents may be obtained from the Issuing Office.

A. The Issuing Office is the City of Murfreesboro located at 111 West Vine St., Murfreesboro, TN 37130-3573. Prospective Bidders shall be registered with the City of Murfreesboro through the Purchasing Department’s vendor registry system, OpenGov. Bidding

Documents may be obtained from the City of Murfreesboro Purchasing Department on

OpevGov’s website at: https://procurement.opengov.com/portal/murfreesborotn

B. Bidding Documents may also be examined at the following:

1. Gresham Smith office

2.03 All Bidders must be registered plan holders with the City of Murfreesboro through the

Purchasing Department’s vendor registry system, OpenGov. If a Bidder desires printed copies of the Bidding Documents, printed copies may be obtained from the Engineer, Gresham Smith, after December 10, 2024, upon payment of a non-refundable deposit of $500.00 for each complete set of drawings and specifications, or $100.00 digital download fee. Checks for Bidding

Documents shall be payable to “Gresham Smith” Upon request and receipt of the document deposit indicated above plus a non-refundable shipping charge, the Engineer will transmit the

Bidding Documents via delivery service. The shipping charge amount will depend on the shipping method selected by the prospective Bidder. The date that the Bidding Documents are transmitted by the Engineer will be considered the Bidder’s date of receipt of the Bidding

Documents. Partial sets of Bidding Documents will not be available. Neither Owner nor

Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.

https://procurement.opengov.com/portal/murfreesborotn

Project 45563.02 00 21 13-2

2.04 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.05 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant permission for any other use. Bidding Documents, including specifications and drawings, are the exclusive property of the Engineer, and their reproduction, electronic copying, or distribution is specifically forbidden without the express written permission of the Engineer.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Paragraph A shall be submitted at the time and date for Bid submittal. Other items shall be submitted after Bid submittal and within 5 days of Owner’s request. Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Park experience preferred.

B. Evidence of Bidder’s authority to do business in the state where the Project is located.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

Project 45563.02 00 21 13-3

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract

Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities:

1. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the

Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

2. Contractor shall comply with Tennessee State Law Chapter 31 Underground Utility

Damage Prevention Act commonly known as the “Tennessee One Call Law” and all conditions of this law shall apply to this project. In accordance with the Tennessee

One Call Law, any damage to the existing underground utilities shall be repaired by the

Contractor.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and

Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous

Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours and shall not disturb any ongoing operations at the Site.

Project 45563.02 00 21 13-4

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of

Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the

General Conditions indicate, if an Owner safety program exists, it will be noted in the

Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all federal, state, and local Laws and

Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or

Project 45563.02 00 21 13-5 subsurface structures at the Site that have been identified in the Supplementary

Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents;

and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the

Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the

Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the

Bidding Documents and the written resolutions thereof by Engineer are acceptable to

Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

The Bidder is responsible for having a thorough knowledge of all Drawings, Specifications, General and Supplementary Conditions, and other Contract Documents. Failure to acquaint itself with this knowledge does not relieve Bidder of the responsibility for performing the work in a manner acceptable to the Owner should the Bidder’s bid be

Project 45563.02 00 21 13-6 successful. No additional compensation will be allowed because of conditions that occur due to failure by the successful Bidder to familiarize itself and all workers with this knowledge.

The Bidder shall be responsible for determining the existing conditions of the site and shall thoroughly examine all factors reasonably available to Bidder, including but not limited to the Drawings, Specifications, geotechnical report, site boundary and topography, site conditions, site history, local information, and seasonal weather conditions.

Owner/Engineer supplied geotechnical report data is not considered all conclusive and it is the Bidder’s responsibility to further investigate site conditions as it deems necessary. The successful Bidder shall be totally responsible for acceptance of the site and preparation of the site to the proper grade and compaction requirements as indicated by the Contract

Documents including Construction Drawings and Specifications. Any construction performed by the successful Bidder of the project will constitute acceptance of the site.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 Should a pre-Bid conference be required, it will be held at the time and location stated in the

Advertisement to Bids including whether the pre-Bid conference has mandatory attendance or only encouraged attendance. Representatives of Owner and Engineer will be present to discuss the Project. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to the

City of Murfreesboro Purchasing Department in writing. Questions shall be submitted via the

Question and Answer tab on the OpenGov bid posting. Interpretations or clarifications considered necessary by City and/or Engineer in response to such questions will be issued by

Addenda delivered to all parties registered on OpenGov. Questions received less than 5 business days prior to the date for opening of Bids may not be answered. Only questions for which the answer changes the scope of work will be answered by Addenda. Only questions answered by

Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents as deemed advisable by Owner or Engineer. No Addenda will be issued within 48 hours prior to the Bid opening date.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding

Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the

General Conditions. A digital copy of the certified check or bank money order shall be submitted

Project 45563.02 00 21 13-7 for electronic bids. Physical copy of the bid security must be in hand by the City's Purchasing

Department prior to an award being made.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the

Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract

Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or up to the number of days shown in Paragraph 2.01 of the Bid Form after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

8.05 The successful Bidder will be required to furnish a “Performance Bond” and a “Payment Bond”, each for 100 percent of the Contract amount, as security for the faithful performance of the work and the payment of all bills and obligations arising from the performance of the work.

8.06 All Bid Bonds, all Performance Bonds, and all Payment Bonds shall be executed by such sureties that are listed on the U.S. Department of Treasury Financial Service List of Bonding Companies and have a rating of at least AA by Standard & Poor’s or a comparable rating by an accepted credit rating agency.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, Milestones, if any, are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the

Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-

Project 45563.02 00 21 13-8 equal” item. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such

Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an

Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or

Contractor to retain any Subcontractor, Supplier, or other individual or entity against which

Contractor has reasonable objection.

Such list shall be accompanied by an experience statement with pertinent information regarding similar projects, appropriate state license conformation, employee information including name and SSN, and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of

Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

Project 45563.02 00 21 13-9

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink or typewritten and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A

Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then

Bidder may enter the words “No Bid” or “Not Applicable.”

C. Scan Bids for electronic submission (upload) or utilize the form provided on the OpenGov bid posting.

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary. The corporate address and state of incorporation shall be shown.

A Bid by a partnership shall be executed in the partnership name and signed by a partner

(whose title must appear under the signature), accompanied by evidence of authority to sign.

The official address of the partnership shall be shown.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and official address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum - Base Bid with Alternates

Project 45563.02 00 21 13-10

A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

The price for each alternate will be the amount added to or deleted from the base Bid if

Owner selects the alternate.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

C. In the event that there are unit price items included in the Lump Sum bid, the base contract amount will be allowed to vary only to the extent that the unit price items vary.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the

General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents, and be submitted electronically through OpenGov. ONLY ELECTRONIC BIDS SUBMITTED VIA OPENGOV WILL BE

ACCEPTED. No faxed bids will be accepted. The City of Murfreesboro is not responsible for technical errors or omissions made by prospective bidders during the bid submission process that may result in a bid not being submitted, being submitted incompletely, or being submitted incorrectly. In the case of technical issues that are verified to be a City error, the Purchasing

Department will take reasonable steps to resolve the issue so that the process remains fair to all bidders. If any such disadvantaged business enterprise deems electronic bidding to be a hardship, please notify the City Purchasing Office at purchasing@murfreesborotn.gov.

mailto:purchasing@murfreesborotn.gov

Project 45563.02 00 21 13-11

No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with the Bidder in the bid, until after the Bids have been received and opened.

15.02 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner will not be accepted.

15.03 Pursuant to Tennessee Code Annotated Title 62, Chapter 6, Part 1, if a bid is $25,000 or above, bidder must be a licensed contractor as required by the Contractor’s Licensing Act of 1976, Public Chapter No. 822 of the General Assembly of the State of Tennessee as amended. In accordance with T.C.A. §62-6-119, Bidder shall place their bid in an envelope or provide within the electronic bid document: (1) the bidder’s name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract; (2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract (if applicable) where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars

($100,000); (3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000); (4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars

($25,000); (5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and (6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a

Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

Project 45563.02 00 21 13-12

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids or Invitation to

Bid and, unless obviously non-responsive, read aloud publicly via Zoom. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids, which shall include costs for payment and performance bonds, will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that

Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the

Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder.

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the

Bid Form or prior to the Notice of Award.

B. The Owner will consider any alternatives shown in the Bid Form without regard to the order the alternatives are listed on the Bid Form. The Owner will select any combination of alternatives or no alternatives, as determined to be in the best interest of the Owner. Bids will be reviewed for their responsiveness, responsibility, and other factors set forth in these

Instructions, the award may be made on the base Bid and any combination of its additive or deductive alternate Bids for which will be in the Owner’s best interest.

19.03 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the

Bidder and may consider the qualifications and experience of Subcontractors and Suppliers

Project 45563.02 00 21 13-13 proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.04 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or

Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the

Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

When Owner issues a Notice of Award to the Successful Bidder, the Successful Bidder shall deliver the Contract Security and insurance…