Roof_Restoration_-_Scales_Elementary_Specifications.pdf
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- Attached to
- Roof Restoration at Scales Elementary School
- Solicitation number
- ITB-40-2026
- Issued by
- Rutherford County, Tennessee
About this file
Summary: Roof Restoration at Scales Elementary School
This is a specification document and bid package for the City of Murfreesboro, Tennessee, for roof restoration work at Scales Elementary School. The project consists of restoration of the existing EPDM membrane roof system with installation of a new fully reinforced fluid-applied roof restoration system covering approximately 135,000 square feet. The scope of work includes performance of a non-destructive moisture survey, removal and replacement of wet insulation where identified, localized repairs to the existing EPDM roofing system (membrane patches, seam repairs, flashing repairs, penetration repairs, and roof drain repairs), cleaning and preparation of the existing roof surface, and installation of the reinforced fluid-applied coating system with associated reinforcement at penetrations and transitions. A pre-bid conference is scheduled for June 9, 2026, at 10:00 AM at Scales Elementary School, with bids due by 2:00 PM local time on June 23, 2026, submitted electronically through OpenGov. All work must be substantially completed within 90 calendar days from the notice to proceed. The building will remain occupied during construction, with disruptive work scheduled during the 2026 summer break or outside normal school hours.
Bidders must be licensed general contractors in Tennessee and must submit a bid security of 5 percent of the bid amount. The successful contractor shall provide performance and labor and material payment bonds in the amount of 100 percent of the contract sum. Insurance requirements include commercial general liability of $2,000,000 per occurrence, workers' compensation meeting Tennessee statutory requirements, auto liability of $1,000,000, professional liability of $1,000,000, environmental liability of $1,000,000, and umbrella coverage of $5,000,000. The bid form includes unit price proposals for six categories of work: wet insulation removal and replacement, EPDM membrane patch repair, EPDM seam repair, EPDM flashing repair, pipe/penetration repair, and roof drain repair. Quantity allowances are established for each category to be included in the base bid, with payment for additional work based on the unit prices submitted. Liquidated damages are set at $200 per calendar day for delays beyond the contract completion date. All bids must comply with Tennessee's Drug-Free Workplace Act, Iran Divestment Act, and non-boycott of Israel requirements.
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Roof Restoration at
Scales Elementary School
City of Murfreesboro
May 26, 2026
JOHNSON + BAILEY ARCHITECTS P.C.
100 EAST VINE STREET, SUITE 700
MURFREESBORO, TENNESSEE
TELEPHONE: (615) 890-4560
FAX: (615) 890-4564
J+B NO. 2605
05/26/26
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 1
00 21 13 - INSTRUCTIONS TO BIDDERS 12
00 41 13 - BID FORM 7
00 45 36 - ROOF RESTORATION CONTRACTOR QUALIFICATION FORM 3
00 52 13 - CITY STANDARD FORM OF AGREEMENT BETWEEN OWNER
AND CONTRACTOR WITH EXHIBIT A 20
00 72 13 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION WITH
ADDENDUM A & ADDENDUM B 88
DIVISION 01 - GENERAL REQUIREMENTS
SECTION
01 11 00 - SUMMARY OF WORK 2
01 21 29 - QUANTITY ALLOWANCES 1
01 21 43 - TIME ALLOWANCES 2
01 22 00 - UNIT PRICES 1
01 25 13 - SUBSTITUTIONS AND PRODUCT OPTIONS 3
01 29 00 - APPLICATIONS FOR PAYMENT 2
01 32 13 - SCHEDULING OF WORK 1
01 33 23 - SCHEDULES, REPORTS AND SUBMITTALS 2
01 41 00 - REGULATORY REQUIREMENTS 1
01 45 00 - QUALITY CONTROL AND FIELD REPORTING 3
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
DIVISION 07 - THERMAL & MOISTURE PROTECTION
SECTION
07 53 23 - EPDM MEMBRANE REPAIR FOR ROOF RESTORATION 10
07 56 00 - FLUID-APPLIED ROOF RESTORATION SYSTEM 6
- END OF TABLE OF CONTENTS -
May 26, 2026 © 2026 JOHNSON + BAILEY ARCHITECTS P.C. 2605 00 01 10 - 1
SECTION 00 01 15 DRAWING INDEX
COVER SHEET WITH DRAWING INDEX
A5.1 ROOF PREPARATION PLAN - PART A
A5.2 ROOF PREPARATION PLAN - PART B
A5.3 ROOF RESTORATION PLAN - PART A
A5.4 ROOF RESTORATION PLAN - PART B, DETAILS
- END OF SECTION -
00 01 15 - 1
May 26, 2026 8 2026 JOHNSON + BAILEY ARCHITECTS P.C. 2605 00 11 13 - 1
SECTION 00 11 13 ADVERTISEMENT FOR BIDS
Roof Restoration at Scales Elementary School
J+B No. 2605
The City of Murfreesboro is accepting bids for the Scales Elementary Roof Restoration project until 2:00 p.m. local time on June 23, 2026, 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 OpenGov at:
https://procurement.opengov.com/portal/murfreesborotn.com Bids received after the above time and date will be rejected.
The project consists of restoration of existing EPDM membrane roof system with installation of new fully reinforced fluid applied roof restoration system. 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 procurement portal, OpenGov. Bidding Documents shall be obtained from the City of Murfreesboro Purchasing Department on OpenGov’s website.
All Bidders must be registered with the City of Murfreesboro through the Purchasing Department’s procurement portal, OpenGov.
A Pre-Bid Conference will be conducted at Scales Elementary School, 2340 St Andrews Dr, Murfreesboro, TN 37128, on June 9, 2026, at 10:00 AM 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 bidder will enter into a contract. A copy of Bid Security must be uploaded with Bid via the OpenGov Bid Post. Physical copy of Bid Security must be in hand to the City of Murfreesboro’s Purchasing Department prior to an award being made. Bid Security should be delivered to 111 West Vine Street, Murfreesboro, TN 37130, Attn: Purchasing Dept.
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). 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
https://procurement.opengov.com/portal/murfreesborotn
March 26, 2026 8 2026 JOHNSON + BAILEY ARCHITECTS P.C. 2605 00 41 13 - 1
SECTION 00 41 13 BID FORM
Roof Restoration at
Scales Elementary School
Murfreesboro Tennessee
J+B No. 2605
DATE SUBMITTED: CONTRACTOR:
TO: City of Murfreesboro
111 West Vine Street Murfreesboro, Tennessee 37130
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 they have examined the site of the Work and are informed fully in regard to all conditions thereon and has examined the Drawings, Specifications, and Contractual Documents for the Work and is satisfied 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, as will be specified in a written Order of the Architect, and to complete all work by the date set forth in Section 01 32 13 - Scheduling of Work.
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, 2017 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 the dates stated in Section 01 32 13 - Scheduling of Work, the Contractor and their Surety shall be liable for and shall pay to the Owner the sum of Two Hundred Dollars ($200.00) 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 they 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, they 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 - 2
The Bidder further agrees that they 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 - 2016).
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 supplier is not boycotting Israel pursuant to T.C.A.
§ 12-4-119, and will not boycott Israel during the term of contract.
BID: DOLLARS ($ )
CONTINGENCY ALLOWANCE
FIVE PERCENT (5%) OF BID: DOLLARS ($_____________________)
TOTAL BID: DOLLARS ($ )*
*Bid + Contingency Allowance (Contingency to be used only at Owner’s Discretion and Approval)
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 SQUARE FOOT ($ ).
For wet insulation removal and replacement including new fully adhered EPDM membrane at area of repair.
2. DOLLARS PER SQUARE FOOT ($ ).
For EPDM membrane patch repair of localized membrane damage with compatible patch membrane fully adhered and sealed prior to coating installation.
3. DOLLARS PER LINEAR FOOT ($ ).
For EPDM seam repair at open or deteriorated seams in EPDM membrane including cleaning, primer, and seam tape or cover strip.
4. DOLLARS PER LINEAR FOOT ($ ).
For EPDM flashing repair at walls, curbs, and vertical transitions prior to coating installation.
5. DOLLARS EACH ($ ).
For pipe/penetration repair including pipe boots or reinforced flashing patches.
00 41 13 - 3
6. DOLLARS EACH ($ ).
For EPDM membrane repair at existing roof drains including membrane patching and preparation for coating system installation.
The undersigned states that he has received and taken into consideration.
Addenda No. Dated
EXECUTION OF AGREEMENT:
The undersigned agrees that if written notice of acceptance of this proposal is mailed, telegraphed, or delivered to them within forty-five (45) days after opening of proposals, they will promptly execute an
Agreement with the Owner in accordance with the Bid Documents.
COMPANY: DATE:
BY: TITLE:
00 41 13 - 4
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 - 5
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 - 6
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 - 7
Iran Divestment Act
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 a person included within the list created pursuant to T.C.A. § 12-12-106.
Signature Date
Title
Non-Boycott of Israel
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 supplier is not boycotting Israel pursuant T.C.A. § 12-4-119, and will not boycott Israel during the term of contract. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.
Signature Date
Title
00 45 36 - 1
00 45 36 – ROOF RESTORATION CONTRACTOR QUALIFICATION FORM
CONTRACTOR QUALIFICATION STATEMENT
Fluid-Applied Roof Restoration System
Scales Elementary School – Murfreesboro, TN
Contractor Information
Company Name:
Address:
Contact Name:
Phone / Email:
Proposed Manufacturer:
Proposed System Name:
1. SYSTEM COMPLIANCE CERTIFICATION
☐ Proposed system is a fully reinforced fluid-applied roofing system incorporating embedded reinforcing fabric
☐ System is compatible with existing EPDM roofing
☐ System provides minimum 70 mil dry film thickness (DFT)
☐ System complies with ASTM D6083 or equivalent
☐ System includes NO warranty exclusions for ponding water
☐ System includes minimum 20-year labor and material warranty
☐ Manufacturer provides inspection required for warranty issuance
2. CONTRACTOR QUALIFICATIONS
☐ Minimum 5 years experience installing fluid-applied reinforced roofing systems
☐ Completed at least 3 projects ≥ 50,000 SF within the last 5 years
☐ Approved and certified by proposed manufacturer
00 45 36 - 2
☐ Authorized to provide manufacturer warranty
☐ Maintains required licenses and insurance
3. PROJECT EXPERIENCE
Project Name Location Size (SF) System Type Completion Date
4. MOISTURE SURVEY COMPLIANCE
☐ Will perform full roof moisture survey
☐ Will use qualified independent testing firm or technician
☐ Will provide report identifying wet insulation areas
5. ADHESION TESTING COMPLIANCE
☐ Will perform adhesion testing per specification
☐ Minimum 1 test per 5,000 SF
☐ Minimum adhesion value of 2.0 pli or manufacturer requirement
☐ Will submit test results in daily reports
6. MATERIAL APPLICATION COMPLIANCE
☐ Will install system at manufacturer-required material quantities
☐ Will meet minimum 70 mil DFT requirement
☐ Will perform wet film thickness testing
☐ Reinforcing fabric included in all system areas
00 45 36 - 3
7. MANUFACTURER FIELD SERVICES
☐ Manufacturer representative will attend pre-installation meeting
☐ Manufacturer will perform minimum required inspections (pre, mid, final)
8. DEVIATIONS
List any deviations (or write NONE):
9. REQUIRED ATTACHMENTS
☐ Manufacturer certification letter
☐ Product data sheets
☐ System specifications
☐ Warranty sample
☐ Project references
10. CERTIFICATION
I certify that the proposed system and contractor qualifications comply with the Contract Documents.
Contractor Signature: ___________________________
Printed Name: _________________________________
Title: _______________________________________
Date: _______________________________________
- END OF SECTION -
Rev. 11.10.2025 Exhibit A - Insurance and Bonds-Standard 4930-8552-4089 v.1
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, collapse, and underground), and products and completed operations, with a combined single limit of liability of not less than $2,000,000 for each occurrence applicable to the Work, and an annual aggregate limit of liability of not less than $2,000,000 applicable solely to the Work, and meeting all other requirements of this Exhibit.
1.2 The general liability insurance may be accomplished with a combination of a general liability and an excess/umbrella liability policy.
1.3 Each general liability policy must be endorsed or written to:
a. Include the per project aggregate endorsement;
b. Name as additional insureds the following: the City of Murfreesboro and its elected officials, officers, employees, representatives and agents (collectively, the “Additional Insureds”);
c. Stipulate that the insurance afforded by the policies furnished by Contractor will be primary insurance and that any insurance, self-insured retention, deductibles, or risk retention programs maintained or participated in by the Additional Insureds, or their agents, officials or employees will be excess and not contributory to the liability insurance furnished by Contractor and by its Subcontractors;
d. Includes a severability of interest clause; and
e. Waive all rights of recovery against the Additional Insureds.
2. Workers' Compensation Insurance. Workers’ Compensation policy must meet all Tennessee statutory requirements, including Employers' Liability Insurance with limits of at least $ 1,000,000 per accident or disease per employee, both policies endorsed to waive subrogation against the Additional Insureds.
3. Auto Liability Insurance
3.1 Commercial auto liability must be carried with minimum combined single limit of $1,000,000 per occurrence.
3.2 This policy must include a duty to defend and cover all owned, non-owned, leased, hired, assigned or borrowed vehicles.
3.3 This policy must be endorsed, by specific or blanket endorsement, to name the Additional Insureds as such, stipulate that any insurance carried by the Additional Insureds must be excess and not contributory, and to waive subrogation against the Additional Insureds.
4. Professional Liability. Contractor must secure, pay for, and maintain professional liability coverage in the amount of not less than $1,000,000 on a form acceptable to the Owner and with tail coverage of not less than two years.
5. Environmental Liability. Contractor must secure, pay for, and maintain Contractor’s Pollution Liability (CPL) coverage, including mold coverage, in an amount not less than $1,000,000 and endorsing the Owner as an Additional Insured. Contractor must also provide to the Owner proof of Contractor’s Pollution Legal Liability (PLL) for sites owned or operated by Contractors and by any Subcontractors handling hazardous or potentially hazardous materials. Environmental liability coverage may be part of a package policy.
6. Umbrella Coverage. Contractor must secure, pay for, and maintain umbrella coverage in the amount of not less than $5,000,000 on a form acceptable to the Owner. Umbrella coverage must not be limited to excess coverage that merely follows form of underlying coverages.
7. Equipment Property Insurance. Contractor must secure, pay for, and maintain all-risk insurance as necessary and without exceptions in order to protect the Owner against loss of owned, non-owned, rented, or leased capital equipment and tools, equipment and scaffolding, staging, towers and forms owned or rented by Contractor, its Subcontractors, or Lower Tier Entities and any construction material in transit (unless shipped FOB destination Project Site or (Incoterm) DAP Project site) or materials stored in any location other than the Site.
8. Builder’s Risk. Unless otherwise instructed by the Owner, Contractor will secure a completed value, all-risk Builder’s Risk policy in manuscript form acceptable to Owner for the Project (not merely the Work), including appropriate, as determined by the Owner, coverages, coverage amounts and limits, deductibles, and exclusions. The Owner must be a named insured and the policy may not terminate until Substantial Final Completion or a certificate of occupancy applicable to the entire property is issued, whichever is latest. In the case of installation work, the Owner may, at Owner’s sole discretion, choose to accept an installation floater in lieu of Builder’s Risk coverage.
9. Waiver of Subrogation. Contractor hereby waives and will require each of its Subcontractors and Lower Tier Entities to waive, all rights of subrogation under all polices against the Owner and other Additional Insureds for losses or damages covered by any policy of insurance. Contractor, Subcontractors, and Lower Tier Entities must provide notice of waiver to all insurance carriers.
10. Term of Coverage
10.1 The products and completed operations liability coverage required by this Agreement must extend for a period of not less than five years after the earlier of Final Payment for the Work, or the termination of the Agreement (the “Completed Operations Term”).
10.2 If at any time during the Completed Operations Term Contractor cannot obtain equivalent coverage by replacement or renewal, Contractor must acquire a tail policy prior to expiration of the existing policy that will extend coverage until the end of the Completed Operations Term.
10.3 Contractor will furnish certificates of insurance and other evidence that the Owner may reasonably require during the Completed Operations Term to establish compliance with the requirements of this paragraph.
10.4 All other policies of insurance must be maintained continuously in force from commencement of the Work until the date of Final Payment.
11. Subcontractor and Lower-Tier Entities Insurance Requirements
11.1 Contractor must require all of Contractor's Subcontractors and must require its Subcontractors to require their Lower Tier Entities, as a condition of working on the Project, and of receiving payment, to:
a. Purchase and maintain Commercial General Liability, Workers' Compensation and Employer's Liability, and Automotive insurance policies, with the same coverages, endorsements, terms of coverage and other provisions as are required of Contractor under by this Exhibit, EXCEPT THAT the combined coverage limits of the general liability insurance to be furnished by Lower Tier Entities must be $ 1,000,000 per occurrence, and $ 1,000,000 as the annual aggregate limit; and
b. Timely furnish to the Owner proper certificates, endorsements, copies of declarations pages, and other documents necessary to establish the Subcontractor's compliance with this Exhibit.
c. The Lower Tier Entities’ general liability policy must also be endorsed to provide the policy must be primary insurance, the general liability insurance furnished by Contractor must be the secondary and non-contributory, and any insurance carried by the Additional Insureds must be excess, tertiary and non-contributory to the insurance furnished by Contractor and Subcontractor.
d. The Owner has the right to inspect and copy all such certificates, endorsements, or other proof at any reasonable time.
12. Other Policy Provisions. Each policy to be furnished by Contractor and each Subcontractor must:
12.1 Be issued by an insurance carrier having a rating from A.M. Best Company of at least A- VII or better;
12.2 Provide that contractor’s attorney’s fees and other defense costs are outside of the policy's limits;
12.3 Include the Project per aggregate endorsement;
12.4 Waive all rights of subrogation against the Owner;
12.5 Provide a Certificate that contains a provision that coverages afforded under the policies will not be canceled, allowed to expire, or reduced in amount until at least thirty (30) days' prior written Notice has been given to the Owner; and
12.6 Be otherwise satisfactory to the Owner. The Owner agrees to consider alternatives to the requirements imposed by this Exhibit but only to the extent that the Owner is satisfied the insurance is not commercially available to the insured. In such event, the Owner has the right to set conditions for such waiver, including, but not limited to, additional indemnities, and the request that the Owner be a loss-payee under the policy.
13. Certificates and Endorsements
13.1 Within 10 days after the execution of this Agreement, Contractor must provide the Owner with certificates and endorsements;
13.2 Upon the Owner request, Contractor must provide the Owner with certificates and endorsements from each of its Subcontractors, in all cases evidencing compliance by Contractor, each Subcontractor, and Lower Tier Entities with the requirements of this Exhibit together with letters from the respective carriers (including, but not limited to, the Errors and Omissions insurance carriers) that there are no known or pending claims or incidents which have resulted in the establishment of a reserve or otherwise have reduced the amount of coverage potentially available to the Owner under the policy and that available coverage has not been reduced because of revised limits or payments made (or, in the event such representations cannot be given, Contractor, its Subcontractors, and its Lower Tier Entities must furnish the particulars thereof to the Owner.
13.3 If any of the foregoing insurance coverages are required to remain in force after Final Completion, Contractor must submit an additional certificate evidencing continuation of such coverage with its application for final payment.
14. Reduction in Coverage. Contractor must promptly inform the Owner of any reduction of coverage resulting from revised limits, claims paid, or both and must require its Subcontractors and Lower Tier Entities to promptly inform Contractor of same. The Owner has the right to require Contractor or the applicable Subcontractor to obtain supplemental or replacement coverage to offset such reduced coverage, at the sole cost or expense of Contractor or the applicable Subcontractor.
15. Suppliers and Materialmen Coverages
15.1 Contractor will endeavor to cause all suppliers and materialmen to deliver any equipment, machinery or other goods FOB Site.
15.2 With respect to any equipment, machinery or other goods for which the Owner or Contractor has paid a deposit, Contractor will cause the respective suppliers and materialmen to maintain personal property insurance in an amount equal to the value of such equipment, machinery or other goods (but in no event less than the amount of the applicable deposit) during fabrication, storage and transit, naming the Owner and Contractor as loss payee as their interests appear.
16. Condition Precedent to Starting Work
16.1 Prior to, and as a condition of its right to begin performing any Work on the Site, Contractor and each Subcontractor and Lower Tier Entities must deliver to the Owner certificates of insurance representing that the required insurance is in force, together with the additional insured endorsements and waivers of subrogation required above, and such other proof satisfactory to the Owner that the required insurance is in place; together with the original of each bond required under this Agreement. Contractor and each Subcontractor and Lower Tier Entities hereby authorize the Owner to communicate directly with the respective insurance agents, brokers and/or carriers and sureties to verify their insurance and bond coverage;
16.2 The Owner is under no obligation or duty to make any such inquiry and the Owner is entitled to rely on any proofs of insurance tendered by Contractor or its Subcontractors and Lower Tier Entities. The Owner's acceptance of any proof of insurance and bonds offered by Contractor or any Subcontractor or Lower Tier Entities will not be deemed a waiver of the obligations of Contractor and Subcontractors and Lower Tier Entities to furnish the insurance and bonds required by this Exhibit.
17. Additional Proofs of Insurance. Contractor must, within 10 days after request, provide the Owner with certified copies of all policies and endorsements obtained in compliance with this Agreement.
18. Indemnity. The fact that Contractor and its Subcontractors are required by this Agreement to purchase and maintain insurance in no way limits or restricts any other obligations or duties Contractor and its Subcontractors and Lower Tier Entities may have to indemnify, defend or hold harmless the Owner and the other Additional Insureds from and against any and all demands, liabilities, losses or expenses of whatever kind or nature.
19. Interpretation. In the event of any inconsistency between the provisions of this Exhibit and those of the other provisions of the Agreement, the terms of this Exhibit will govern.
20. Performance Bond and Payment Bond.
20.1 The Contractor shall provide surety bonds as follows:
Type Penal Sum ($0.00) Performance Bond 100% of Contract Sum Labor and Material Payment Bond 100% of Contract Sum
20.2 Bonds shall be issued by a surety licensed in the State of Tennessee and satisfactory to the Owner.
20.3 The Contractor must provide evidence of Bonds prior to the beginning of work. If the Performance and Payment Bonds are not furnished within ten (10) days of execution of the Agreement, the Owner, in its sole discretion, may elect to terminate the Agreement and award the Project to an alternate contractor.
20.4 The Owner will require the Contractor to increase the Performance and Payment Bonds to accommodate Change Orders that individually or cumulatively exceed 10% of the original Contract Sum. The Contractor shall furnish to the Owner and keep in force during the term of the Contract, performance and labor and material payment bonds guaranteeing that the Contractor will perform its obligations under the Contract and will pay for all labor and materials furnished for the Work.
20.5 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made.
ADDENDUM A
Contractor’s Standard Form Subcontract
[Cover page — See attached]
Rev. 01/09/2020
ADDENDUM A
Contractor’s Standard Form Subcontract
[Cover page – See attached]
ADDENDUM B
DISPUTE RESOLUTION PROCEDURES
1. Disputes
1.1 Each Dispute arising out of or related to this Agreement (including Disputes regarding any alleged breaches of this Agreement) must be initiated and decided under the provisions of this Exhibit.
1.2 Contractor and the Owner will each designate in writing to the other Party, from time to time, a member of senior management who is authorized to attempt to expeditiously resolve any Dispute relating to the subject matter of this Agreement in an equitable manner.
1.3 A Party initiates a Dispute by delivery of written Notice to the members of management designated by the respective parties under Section 1.2 hereof.
1.4 The parties must:
a. Attempt to resolve all Disputes promptly, equitably and in a good faith manner, and
b. Provide each other with reasonable access during normal business hours to any and all non-privileged records, information and data pertaining to any such Dispute.
1.5 With respect to matters concerning Change Orders for modification of the Guaranteed Maximum Price or Project Schedule, Contractor must first follow the provisions of any Claim procedure established by the Contractor Agreement before seeking relief under these Procedures.
2. Emergency Arbitration
2.1 If the parties are unable to accomplish resolution of a Dispute, the expedited resolution of which either Party considers necessary to prevent or mitigate a material delay to the critical path of the Construction Services (a “Time Sensitive Dispute”) within two days after the Time Sensitive Dispute has been initiated by a Party, either Party may thereafter seek emergency relief before an emergency arbitrator (the “Emergency Arbitrator”) appointed as follows:
a. The parties will exercise best efforts to pre-select an Emergency Arbitrator within 20 days after entering into this Agreement;
b. If the Emergency Arbitrator has not been selected at the time a Party delivers Notice of a Time Sensitive Dispute, the parties will each select a representative within one day after the Notice is delivered and the two representatives will then select the Emergency Arbitrator by the third day following delivery of the Notice.
c. The Emergency Arbitrator must be an attorney with at least 10 years’ experience with commercial construction legal matters in Tennessee, be independent, impartial, and not have engaged in any business for or adverse to either Party for at least 10 years.
2.2 The Emergency Arbitrator will conduct a hearing and render a written determination on the Dispute to both parties within five business days of the matter being referred to him or her, all in accordance with Rules O-1 to O-8 of the American Arbitration Association (“AAA”) Commercial Rules-Optional Rules for Emergency Protection Commercial Rules (“AAA Emergency Rules”)
2.3 Although the hearing will be conducted using AAA rules, unless both parties agree otherwise, this dispute process will not be administered by the AAA but will be conducted by the parties in accordance with these procedures.
2.4 If, however, an Emergency Arbitrator has not selected within three days after delivery of the Notice, either Party may upon three days’ additional notice, thereafter seek emergency relief before the AAA, in accordance with the AAA Emergency Rules, provided that the Emergency Arbitrator meets the qualifications set forth above.
2.5 All proceedings to arbitrate Time Sensitive Disputes will be conducted in Rutherford, Davidson, or Williamson counties, Tennessee.
2.6 Presentation, request for determination (i.e., a Party’s prayer), and the Emergency Arbitrators decision will adhere to the procedures required in Section 3.5 hereof.
2.7 The finding of the Emergency Arbitrator with respect to any Time Sensitive Dispute will be binding upon the parties on an interim basis during progress of the Construction Services, subject to review de novo by arbitration after the Project Substantial Completion Date.
2.8 The time and extent of discovery will be as determined by the Emergency Arbitrator.
a. Discovery orders of the Emergency Arbitrator will consider the time sensitivity of the matter and the parties desire to resolve the issue in the most time and costs efficient manner;
b. The parties are obligated to cooperate fully and completely in the provision of documents and other information, including joint interviews of individuals with knowledge such that the matter moves toward resolution in the most time and costs efficient manner and the Emergency Arbitrator is empowered to fashion any equitable penalty against a Party that fail to meet this obligation
3. Non-Emergency Arbitration
3.1 Except as provided in Section 5 hereof, any Dispute that is either a non-emergency Dispute that has not been resolved by negotiation, or a de novo review of an emergency arbitration will be decided by binding arbitration by a panel of three arbitrators in accordance with, but not necessarily administered by, the Construction Industry Rules of the AAA.
a. The parties each select an arbitrator within 15 days after Notice that a Party desire to resolve a dispute by arbitration.
b. The two arbitrators then each select a third arbitrator.
c. The arbitrator(s) must meet the qualifications of Emergency Arbitrators as provided in Section 2 hereof.
3.2 The arbitrators do not have the authority to consider or award punitive damages as part of the arbitrators' award.
3.3 In connection with such arbitration, each Party is entitled to conduct up to five depositions, and, no less than 90 days prior to the date of the arbitration hearing, each Party will deliver to the other Party copies of all documents in the delivering Party's possession that are relevant to the dispute.
3.4 The arbitration hearing must be held within 150 days of the appointment of the arbitrators.
3.5 At the arbitration hearing, each Party will argue its position to the arbitrators in support of one proposed resolution to the dispute (a “Proposed Resolution”).
a. Each Party’s Proposed Resolution must be fully dispositive of the dispute.
b. The arbitrators must select one of Proposed Resolution by majority consent and are not free to fashion any alternative resolutions.
c. The parties must submit their Proposed Resolution of the matter to the arbitrators and the other Party 15 days prior to the date set for commencement of the arbitration proceeding.
d. The decision of the arbitrators will be forwarded to the parties within 15 days after the conclusion of the arbitration hearing.
e. The decision of the arbitration panel is final and binding on the parties and may be entered in any court of competent jurisdiction for the purpose of securing an enforceable judgment.
f. All costs and expenses associated with the arbitration, including the reasonable legal fees and costs incurred by the prevailing Party, must be paid by the Party whose position was not selected by the arbitrators.
4. Continuing Work. Unless otherwise agreed to in writing, Contractor must continue to perform and maintain progress of the Work during any Dispute resolution or arbitration proceedings, and the Owner will continue to make payment to Contractor in accordance with the Contractor Agreement.
5. Exceptions
5.1 Neither the Owner nor Contractor are not be required to arbitrate any third-party claim, cross-claim, counter claim, or other claim or defenses in any action that is commenced by a third-party who is not obligated by contract to arbitrate disputes with the Owner and Contractor.
5.2 The Owner or Contractor may commence and prosecute a civil action to contest a lien or stop notice, or enforce any lien or stop notice (but only to the extent the lien or stop notice the Party seeks to enforce is enforceable under Tennessee law), without the necessity of initiating or exhausting the procedures of this Exhibit.
5.3 This Exhibit does not apply to, and may not be construed to require arbitration of, any claims, actions or other process undertaken, filed, or issued by the City of Murfreesboro Building Safety Department, Code Compliance Department, Police Department, Fire Department, or any other agency of the Owner (the City) acting in its governmental permitting, for the benefit of public health, safety, and welfare, or other regulatory capacity.
5.4 In connection with any arbitration, the arbitrators do not have the authority to, and may not enforce, any provision of the Federal or Tennessee Rules of Civil Procedure.
SECTION 01 11 00 SUMMARY OF WORK
1.1 PROJECT DESCRIPTION
A. The Work of this Contract consists of roof restoration work at Scales Elementary School, Murfreesboro, Tennessee.
B. The project includes installation of a reinforced fluid-applied roof restoration system over the existing EPDM roofing system and associated preparation, repairs, and related work necessary to restore and extend the service life of the existing roof.
C. The roof area included in the Work is approximately 135,000 square feet.
1.2 SCOPE OF WORK
A. Work under this Contract includes, but is not limited to, the following:
1. Temporary protection of the building, occupants, and site during construction.
2. Mobilization, staging, and access to roof areas.
3. Performance of a non-destructive moisture survey of the entire roof area.
4. Removal and replacement of wet insulation and deteriorated roofing materials where identified by the moisture survey or field investigation.
5. Localized repairs to the existing EPDM roofing system including:
a. Membrane patches
b. Seam repairs
c. Flashing repairs
d. Penetration repairs
e. Roof drain repairs
6. Cleaning and preparation of the existing EPDM roofing surface.
7. Installation of a reinforced fluid-applied roof restoration system including base coats, reinforcing fabric, and finish coats.
8. Reinforcement and coating at roof penetrations, drains, curbs, flashings, and transitions.
9. Coordination with manufacturer representatives for inspections required for warranty issuance.
10. Protection of existing rooftop mechanical equipment and adjacent building components during construction.
11. Removal of construction debris and restoration of site conditions at completion of work.
1.3 WORK SEQUENCING AND BUILDING OCCUPANCY
A. The building will remain occupied and operational during the construction period.
01 11 00 - 1
B. The Contractor shall coordinate all work activities to maintain safe building operations and uninterrupted use of the facility.
C. Work that may disrupt school operations shall be performed during the 2026 summer break or outside of normal school hours, unless otherwise approved by the Owner, including but not limited to:
1. Removal of insulation
2. Removal of existing EPDM membrane
3. Operations that generate significant noise or odors
4. Work that could expose the building interior to weather
D. The Contractor shall coordinate construction activities with the Owner to minimize disruption to school operations.
1.4 PROTECTION OF BUILDING AND OCCUPANTS
A. The Contractor shall maintain the building in a weather-tight condition at all times during construction.
B. The Contractor shall provide temporary protection where roofing materials are removed or where repairs expose the existing roof system.
C. The Contractor shall be responsible for repair of any damage to the building resulting from failure to maintain adequate protection.
1.5 ACCESS AND STAGING
A. Contractor staging areas shall be coordinated with the Owner.
B. Roof access shall be arranged to avoid interference with building entrances, exits, and pedestrian circulation.
C. Materials shall not be stored in a manner that blocks emergency egress paths.
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01 11 00 - 2
01 21 29 QUANTITY ALLOWANCES
PART 1 - GENERAL
1.1 Article 3.8, ALLOWANCES, of AIA Document A201, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, bound herein, is applicable to these allowances except as modified below:
1.2 Allowance amounts shall be for actual quantity of materials required. Invoices shall be submitted to confirm quantities purchased.
A. Make a quantity allowance of 2,000 SF for wet insulation removal and replacement including new fully adhered EPDM membrane at area of repair.
B. Make a quantity allowance of 2,000 SF for EPDM membrane patch repair of localized membrane damage with compatible patch membrane fully adhered and sealed prior to coating installation.
C. Make a quantity allowance of 5,000 LF for EPDM seam repair at open or deteriorated seams in EPDM membrane including cleaning, primer, and seam tape or cover strip.
D. Make a quantity allowance of 1,200 LF for EPDM flashing repair at walls, curbs, and vertical transitions prior to coating installation.
E. Make a quanity allowance of 30 EA for pipe/penetration repair including pipe boots or reinforced flashing patches.
F. Make a quanitity allowance of 25 EA for EPDM membrane repair at existing roof drains including membrane patching and preparation for coating system installation.
1.3 Any quantity allowances not used for items noted above shall be returned to the Owner as a credit based upon the cost listed in the Unit Prices section in the Proposal multiplied by the unused quantity.
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01 21 29 - 1
SECTION 01 21 43 TIME ALLOWANCES
1.1 EXTENSIONS OF CONTRACT TIME
A. If the basis exists for an extension of time in accordance with paragraph 8.3 of the General Conditions, an extension of time on the basis of weather may be granted only for the number of Weather Delay Days in excess of the number of days listed as the Standard Baseline for that month.
1.2 STANDARD BASELINE FOR AVERAGE CLIMATIC RANGE
A. The Owner has reviewed weather data available from the National Oceanic and Atmospheric Administration and determined a Standard Baseline of average climatic range for the State of Tennessee.
B. Standard Baseline shall be regarded as the normal and anticipatable number of calendar days for each month during which construction activity shall be expected to be prevented and suspended by cause of adverse weather. Suspension of construction activity for the number of days each month as listed in the Standard Baseline is included in the Work and is not eligible for extension of Contract Time.
C. Standard Baseline is as follows:
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 12 11 8 7 7 6 7 5 4 5 6 11
1.3 ADVERSE WEATHER AND WEATHER DELAYS
A. Adverse Weather is defined as the occurrence of one or more of the following conditions which prevents exterior construction activity or access to the site within twenty-four (24) hours:
1. Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10") liquid measure.
2. Temperatures which do not rise above 32 degrees F by 10:00 a.m.
3. Temperatures which do not rise above that specified for the day’s construction activity by 10:00 a.m., if any is specified
4. Sustained wind in excess of twenty-five (25) m.p.h.
5. Standing snow in excess of one inch (1.00").
B. Adverse Weather may include, if appropriate, “dry-out” or “mud” days:
1. For rain days above the standard baseline;
2. Only if there is a hindrance to site access or sitework, such as excavation, backfill, and footings; and,
3. At a rate no greater than 1 make-up day for each day or consecutive days of rain beyond the standard baseline that total 0.10 inch or more, liquid measure, unless specifically recommended otherwise by the Designer.
C. A Weather Delay may be counted if adverse weather prevents work on the project for fifty percent (50%) or more of the Contractor’s scheduled work day, including a weekend day or holiday, if Contractor has scheduled construction activity that day.
01 21 43 - 1
1.4 DOCUMENTATION AND SUBMITTALS
A. Submit daily jobsite work logs showing which and to what extent construction activities have been affected by weather on a monthly basis.
B. Submit actual weather data to support claim for time extension obtained from nearest NOAA weather station or other independently verified source approved by Architect at beginning of project.
C. Use Standard Baseline data…
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