Contract Documents/Specifications

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CONTRACT DOCUMENTS/SPECIFICATIONSSTORM WATER SYSTEM RESTORATION2021 COMMUNITY DEVELOPMENT BLOCK GRANTBRIGHTON, TENNESSEETABLE OF CONTENTSTitle PageTable of ContentsPAGEAdvertisement for Bids .1Information for Bidders . 1-5Clearance of LOREC Notations. 1-3F-3 Form - Status of Land Acquisition .1Bid Schedule . 1-4Determination of Methods of Payment .1Bid Bond . 1-2Acknowledgement Regarding Bidder SAM Registration.1Certification of Bidder Regarding Equal Employment Opportunity .1Certification of Bidder Regarding Use of Female/Minority Subcontractors .1Certification of Bidder Regarding Section 3 and Segregated Facilities .1Drug-Free Workplace Affidavit .1Certification of Subcontractor Regarding Debarment, Suspension, Ineligibility and Exclusion .1Certification by Proposed Subcontractor Regarding Equal Employment Opportunity .1Certification of Proposed Subcontractor Regarding Section 3 and Segregated Facilities .1Statement of Compliance Certificate - Illegal Immigrant.1Iran Divestment Act Certification. 1-4Certification of Compliance with Accessibility Standards - Not Applicable .1Wage RatesDOL Memorandum No. 213 - Wage Conformance . 1-5Agreement . 1-2Bonding and Insurance Requirements .1Certificate of Owner’s Attorney .1Notice to Proceed .1Notice of Start of Construction .1General Conditions . 1-36Supplemental General Conditions (pages 37-69) . 1-33AddendaTechnical 5.502906.103001Special Conditions . 1-8General Earthwork . 1-8Site Drainage . 1-16Ultraviolet Cured-in-Place Fiberglass Pipe (CIPP) . 1-7Sodding . 1-4Temporary Vegetation . 1-4Mulching .1Concrete . 1-9

ADVERTISEMENT FOR BIDSTown of BrightonCity HallPO Box 277139 North MainBrighton, TN 38011Separate sealed bids for Storm Water System Restoration, 2021 Community Development BlockGrant for Town of Brighton, Tennessee will be received by the Board of Mayor and Aldermen atthe office of City Hall, P.O. Box 277, 139 North Main, Brighton, Tennessee 38011 until2:00 o’clock P.M. (Local Time), August 26, 2022 and then at said office publicly opened andread aloud.The information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms ofBid Bond, Performance and Payment Bond, and other contract documents may be examined atthe following:Town of Brighton, 139 North Main, Brighton, Tennessee 38011King Engineering Consultants, Inc., 3355 Poplar Ave., Suite 200, Memphis, Tennessee 38111Copies may be obtained at the office of King Engineering Consultants, Inc. located at 3355Poplar Avenue, Suite 200, Memphis, Tennessee upon payment of 250.00 for each set. Anyunsuccessful bidder, upon returning each set promptly and in good condition, will be refundedhis payment, and any non-bidder such as suppliers and subcontractors upon so returning such aset promptly will be refunded 125.00.The Owner reserves the right to waive any informalities or to reject any or all bids.Each bidder must deposit with his bid, security in the amount, form and subject to the conditionsprovided in the Information for Bidders.All bidders must be licensed General Contractors as required by the Contractor’s Licensing Actof 1994 of the General Assembly of the State of Tennessee, and qualified for the type ofconstruction being bid upon.Attention of bidders is particularly called to the requirements as to conditions of employment tobe observed and minimum wage rates to be paid under the contract, Section 3, SegregatedFacility, Section 109 and E.O. 11246.No bidder may withdraw his bid within 60 days after the actual date of the opening thereof.Published August 11, 2022Mayor Stephanie Chapman-Washam

F-1INFORMATION FOR BIDDERS1.Receipt and Opening of BidsTown of BrightonThe(herein called the "Owner), invites bids onthe form attached hereto, all blanks of which must be appropriately filled in. Bidswill be received by the Owner at the office of City Hall, PO Box 277, 139 North Main,2:00Brighton,Tennessee38011untilP.M.,C.S.T August 26, 2022, and then at said office publicly opened and readaloud. The envelopes containing the bids must be sealed,Town of Brightonaddressed toatCity Hall, PO Box 277, Brighton, TN 38011and designated as bidStorm Water System Restoration, 2021 CDBGfor .The Owner may consider informal any bid not prepared and submitted inaccordance with the provisions hereof and may waive any informalities or rejectany and all bids. Any bid may be withdrawn prior to the above scheduled time forthe opening of bids or authorized postponement thereof. Any bid received afterthe time and date specified shall not be considered. No bidder may withdraw abid within 60 days after the actual date of the opening thereof.2.Preparation of Bid:Each bid must be submitted on the prescribed form and accompanied byCertification of Bidder Regarding Equal Employment Opportunity, AcknowledgmentRegarding Bidder SAM Registration, Certification of Bidder Regarding Section 3and Segregated Facilities, and Drug-Free Workplace Affidavit. All blank spaces forbid prices must be filled in, in ink or typewritten, in both words and figures, and theforegoing Certifications must be fully completed and executed when submitted.Each bid must be submitted in a sealed envelope bearing on the outside the nameof the bidder, his/her address, the name of the project for which the bid issubmitted, license number, expiration date thereof, and license classification of thecontractors applying to bid for the prime contract, and for the electrical, plumbing,heating, ventilation, and air conditioning contracts, and all other informationrequired by State law.All bidders must be licensed General Contractors as required by the Contractor'sLicensing Act of 1994 of the General Assembly of the State of Tennessee, andqualified for the type of construction being bid upon. Each bidder shall write on theoutside of the envelope containing its bid: 1) its Contractor's license number; 2)that part of the classification applying to the bid. If this is not done, the bid will notbe opened.2021 CDBG ManualChapter F: Plans and Specifications

F-13.Subcontracts:The bidder is specifically advised that any person, for, or other party to whom it isproposed to award a subcontract under this contract:a. Must be acceptable to the owner; andb. Must submit Certification by Proposed Subcontractor Regarding EqualEmployment Opportunity, and Certification of Proposed SubcontractorRegarding Section 3 and Segregated Facilities. Approval of theproposed subcontract award cannot be given by the owner unless anduntil the proposed subcontractor has submitted the Certificationsand/or other evidence showing that it has fully complied with anyreporting requirements to which it is or was subject.Although the bidder is not required to attach such Certifications byproposed subcontractors to his/her bid, the bidder is here advised ofthis requirement so that appropriate action can be taken to preventsubsequent delay in subcontract awards.4.Telegraphic Modification:Any bidder may modify his/her bid by telegraphic communication at any timeprior to the scheduled closing time for receipt of bids provided such telegraphiccommunication is received by the Owner prior to the closing time, and, providedfurther, the Owner is satisfied that a written confirmation of the telegraphicmodification over the signature of the bidder was mailed prior to the closing time.The telegraphic communication should not reveal the bid price but should providethe addition or subtraction or other modification so that the final prices or termswill not be known by the Owner until the sealed bid is opened. If writtenconfirmation is not received within two days from the closing time, noconsideration will be given to the telegraphic modification.5.Method of Bidding:The Owner invites the following bid(s):Unit Price6.Qualification of Bidder:The Owner may make such investigations as s/he deems necessary todetermine the ability of the bidder to perform the work, and the bidder shallfurnish to the Owner all such information and data for this purpose as the Ownermay request. The Owner reserves the right to reject any bid if the evidencesubmitted by, or investigation of, such bidder fails to satisfy the owner that suchbidder is properly qualified to carry out the obligations of the contract and tocomplete the work contemplated therein. Conditional bids will not be accepted.2021 CDBG ManualChapter F: Plans and Specifications

F-17.Bid Security:Each bid must be accompanied by cash, certified check of the bidder, or a bidbond prepared on the form of bid bond attached thereto, duly executed by thebidder as principal and having as surety thereon a surety company approved bythe Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds willbe returned to all except the three lowest bidders within three days after theopening of bids, and the remaining cash, checks or bid bonds will be returnedpromptly after the Owner and the accepted bidder have executed the contract,or, if no award has been made within 60 days after the date of the opening ofbids, upon demand of the bidder at any time thereafter, so long as he/she hasnot been notified of the acceptance of his/her bid.8.Liquidated Damages for Failure to Enter into Contract:The successful bidder, upon his/her failure to refusal to execute and deliver thecontract and bonds required within 10 days after she/he has received notice ofthe acceptance of his/her bid, shall forfeit to the Owner, as liquidated damagesfor such failure or refusal, the security deposited with his/her bid.9.Time of Completion and Liquidated Damages:Bidder must agree to commence work on or before a date to be specified in awritten "Notice to Proceed" of the Owner and to fully complete the project within110consecutive calendar days thereafter. Bidder must agree also to pay275.00as liquidated damages, the sum of for each consecutivecalendar day thereafter as hereinafter provided in the Supplemental GeneralConditions.10.Condition of Work:Each bidder must inform him/herself fully of the conditions relating to theconstruction of the project and the employment of labor thereof. Failure to do sowill not relieve a successful bidder of his/her obligation to furnish all material andlabor necessary to carry out the provisions of his/her contract. Insofar aspossible, the contractor, in carrying out the work, must employ such methods aswill not cause any interruption of or interference with the work of any othercontractor.2021 CDBG ManualChapter F: Plans and Specifications

F-111.Addenda and Interpretations:No interpretation of the meaning of the plans, specifications or other pre-biddocuments will be made to any bidder orally.Every request for such interpretation should be in writing addressed toKing Engineering Consultants, Inc.3355 Poplar Ave., Suite 200, Memphis, TN 38111atand to be given consideration must be received at least five days prior to the datefixed for the opening of bids. Any and all such interpretations and anysupplemental instructions will be in the form of written addenda to thespecifications which, if issued, will be mailed by certified mail with return receiptrequested or emailed to all prospective bidders (at the respective addressesfurnished for such purposes), not later than two days prior to the date fixed forthe opening of bids. Failure of any bidder to receive any such addendum orinterpretation shall not relieve such bidder from any obligation under his/her bidas submitted. All addenda so issued shall become part of the contractdocuments.12.Security for Faithful Performance:Simultaneously with his/her delivery of the executed contract, the Contractorshall furnish a surety bond or bonds as security for faithful performance of thiscontract and for the payment of all persons performing labor on the project underthis contract and furnishing materials in connection with this contract, asspecified in the General Conditions included herein. The surety on such bond orbonds shall be a duly authorized surety company satisfactory to the Owner.13.Power of Attorney:Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond acertified and effectively dated copy of their power of attorney.14.Notice of Special Conditions:Attention is particularly called to those parts of the contract documents andspecifications which deal with the following:a. Inspection and testing of materials.b. Insurance requirements.c. Wage rates.d. Stated allowances.15.Laws and Regulations:The bidder's attention is directed to the fact that all applicable State laws,municipal ordinances, and the rules and regulations of all authorities havingjurisdiction over construction of the project shall apply to the contract throughout,and they will be deemed to be included in the contract the same as though hereinwritten out in full.2021 CDBG ManualChapter F: Plans and Specifications

F-116.Method of Award - Lowest Qualified Bidder:After receiving bids and determining the amount of funds estimated by theOWNER as available to finance the contract, the OWNER will award the contractto the lowest responsible bidder. The lowest responsible bidder will bedetermined upon the basis of the lowest base bid or lowest base bid combinedwith alternates (additive or deductive). If the contract is to be awarded based onthe lowest base bid with alternates, alternates will be accepted in the numericalorder in which they are listed in the Form of Bid.17.Obligation of Bidder:At the time of the opening of bids each bidder will be presumed to haveinspected the site and to have read and to be thoroughly familiar with the plansand contract documents (including all addenda). The failure or omission of anybidder to examine any form, instrument or document shall in no way relieve anybidder from any obligation in respect of his/her bid.18.Safety Standards and Accident Prevention: With respect to all work performedunder this contract, the Contractor shall:a. Comply with the safety standards provisions of applicable laws,building and construction codes and the "Manual of AccidentPrevention in Construction" published by the Associated GeneralContractors of America, the requirements of the Occupational Safetyand Health Act of 1970 (Public Law 91-596), and the requirements ofTitle 29 of the Code of Federal Regulations, Section 1518 aspublished in the "Federal Register", Volume 36, No. 75, Saturday,April 17, 1971.b. Exercise every precaution at all times for the prevention of accidentsand the protection of persons (including employees) and property.c. Maintain at his/her office or other well known place at the job site, allarticles necessary for giving first aid to the injured, and shall makestanding arrangements for the immediate removal to a hospital or adoctor's care of persons (including employees), who may be injuredon the job site. In no case shall employees be permitted to work at ajob site before the employer has made a standing arrangement forremoval of injured persons to a hospital or a doctor's care.19.Procedure for Substitute Material/EquipmentThroughout the specifications, a brand name is used. (See Section 6.7 ofGeneral Conditions). If the bidder wishes to substitute material/equipment as anequal, he shall submit supporting documentation to the Engineer for review andapproval a minimum of 8 days before the date of receipt of bids. The Engineershall then review the documentation and render a decision 4 days prior to receiptof bids. In all cases, the Engineer's decision is final.2021 CDBG ManualChapter F: Plans and Specifications

BID FOR UNIT PRICE CONTRACTSPlace Brighton, TennesseeDate, 20(hereinafter called “Bidder”)1 aProposal ofcorporation, organized and existing under the laws of the State of,partnership, or an individual doing business as.To the Town of Brighton (hereinafter called “Owner”)Gentlemen:The Bidder, in compliance with your invitation for bids for the construction of Storm WaterSystem Restoration, 2021 Community Development Block Grant, having examined the plansand specifications with related documents and the site of the proposed work, and being familiarwith all of the conditions surrounding the construction of the proposed project including theavailability of materials and labor, hereby proposes to furnish all labor, materials, and supplies;and to construct the project in accordance with the contract documents, within the time set forththerein, and at the prices stated below. These prices are to cover all expenses incurred inperforming the work required under the contract documents, of which this proposal is a part.Bidder hereby agrees to commence work under this contract on or before a date to be specified inwritten “Notice to Proceed” of the Owner and to fully complete the project within 110consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees topay as liquidated damages the sum of 275.00 for each consecutive calendar day thereafter ashereinafter provided in Paragraph 3.c. of the Supplemental General Conditions.Bidder acknowledges receipt of the following addendum:1Insert corporation, partnership or individual as applicable.BID-1

BID SCHEDULENOTE: Bids shall include sales tax and all other applicable taxes and fees.STORM WATER SYSTEM RESTORATION2021 COMMUNITY DEVELOPMENT BLOCK GRANTBRIGHTON, TENNESSEEBidder agrees to perform all the work as described in the Specifications and as shown on the plans for the following prices:ITEMNO.DESCRIPTIONUNITQTYa) MobilizationLS1b) PolystyreneLB1,000LS1a) Segment 53-54, Twin 18" x 29"(125-feet each)LF250b) Segment 56-57, Twin 22" x 36"(182-feet each)LF364c) Segment 57-58, Twin 24"(210-feet each)LF420a) Segment 53-54, Twin 18" x 29"LF250b) Inlet Adjustment (Structure 54)LS1c) Segment 56-57, Twin 22" x 36"LF364d) Junction Box Enlargement (Structure 57)EA1e) Segment 57-58LF420f)EA1LS1BASE BIDSECTION A: RESTORATION OF INLETS1.Inlet Repair:SUBTOTAL SECTION ASECTION B: CURED-IN-PLACE PIPE WINDWARD PLACE1.Mobilization2.Pre-cleaning and CCTV:3.4.CIPP and Post-CCTV:Junction Box Enlargement (Structure 58)Restore LawnsSUBTOTAL SECTION BTOTAL BASE BID - SECTIONS A & BBID-2UNITPRICEAMOUNT

ITEMNO.DESCRIPTIONUNITQTYADDITIVE ALTERNATE NO. ONEWINDWARD PLACE1.Pre-cleaning and CCTV - Segment 54-55Twin 18" x 29" (50-feet each)LF1002.CIPP and Post-CCTV - Segment 54-55LF1003.Inlet Adjustment (Structure No. 55)LS14.Restore LawnLS1SUBTOTAL ADDITIVE ALTERNATE NO. ONEBASE BID PLUS ADDITIVE ALTERNATE NO. ONEBID-3UNITPRICEAMOUNT

(Amounts are to be shown in both words and figures. In case of discrepancy, the amount shownin words will govern.)The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead,profit, insurance, etc. to cover the finished work of the several kinds called for.Bidder understands that the Owner reserves the right to reject any or all bids and to waive anyinformalities in the bidding.The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 daysafter the scheduled closing time for receiving bids.Upon receipt of written notice of the acceptance of this bid, bidder will execute the formalcontract attached within 10 days and deliver a Surety Bond or Bonds as required by Article 5 ofthe General Conditions. The bid security attached in the sum of( ) is to become the property of the Owner in theevent the contract and bond are not executed within the time above set forth, as liquidateddamages for the delay and additional expense to the Owner caused thereby.Respectfully submitted:By:(Signature)(Title)(Business Address and Zip Code)(SEAL - if bid is by a corporation)BID-4

DETERMINATION OF METHODS OF PAYMENTSTORM WATER SYSTEM RESTORATION2021 COMMUNITY DEVELOPMENT BLOCK GRANTBRIGHTON, TENNESSEE1.Mobilization – Paid for on a lump sum basis. Price must be reasonable.2.Pre-Cleaning and CCTV – Paid for on a linear foot basis of pipe viewed.3.CIPP and Post CCTV – Paid for on a linear foot basis of applied CIPP.4.Inlet Adjustment - Includes removal of excess CMP that juts into the inlet and any otherwork required to adjust the inlet.5.Junction Box Enlargement - Paid for at the unit price bid.6.Remove and Replace Fences – Include in other items bid.7.Restore Lawns– Paid for on a lump sum basis.

F-1BID BONDKNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,as Principal, andas Surety, are hereby held and firmly bound untoas owner in the penal sum of for thepayment of which, well and truly to be made, we hereby jointly and severally bindourselves, our heirs, executors, administrators, successors and assigns.Signed, this day of , 20 .The condition of the above obligation is such that whereas the Principal has submitted toa certain Bid, attached heretoand hereby made a part hereof to enter into a contract in writing for theNOW, THEREFORE,(a) If said Bid shall be rejected, or in the alternate.(b) If said Bid shall be accepted and the Principal shall execute anddeliver a contract in the Form of Contract attached hereto (properlycompleted in accordance with said Bid) and shall furnish a bond forhis faithful performance of said contract, and for the payment of allpersons performing labor or furnishing materials in connectiontherewith, and shall in all other respects perform the agreementcreated by the acceptance of said Bid, then this obligation shall bevoid, otherwise the same shall remain in force and effect, it beingexpressly understood and agreed that the liability of the Surety for anyand all claims hereunder shall, in no event, exceed the penal amountof this obligation as herein stated.The surety for value received, hereby stipulates and agrees that the obligations of saidSurety and its bond shall be in no way impaired or affected by an extension of the timewithin which the Owner may accept such Bid; and said Surety does hereby waive noticeof any such extension.2021 CDBG ManualChapter F: Plans and Specifications

F-1IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hand andseals, and such of them as are corporations have caused their corporate seals to behereto affixed and these presents to be signed by their proper officers, the day and yearfirst set forth above.PrincipalSEAL2021 CDBG ManualChapter F: Plans and SpecificationsBy:Surety(L.S.)

F-1ACKNOWLEDGEMENT REGARDING BIDDERSAM REGISTRATIONPursuant to 2 CFR Parts 183 and 215 and the requirement of the U.S. Department of Housing and UrbanDevelopment (HUD), contractors procured directly by grantees, sub-grantees, and/or sub-recipients of HUD funds,including CDBG are required to have an active registration in the System of Award Management (SAM). Thisdocument shall be completed and submitted as part of the bid proposal.1. By submitting this proposal, the prospective bidder certifies that it has an active registration is SAM that isnot set to expire within the next 90 days.2. By submitting this proposal, the prospective bidder certifies neither it, its principals nor affiliates, is presentlydebarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participationin this transaction by any Federal department or agency.3. The certification in this clause is a material representation of fact upon which reliance was placed when thistransaction was entered into. If it is later determined that an erroneous certification was rendered, in additionto other remedies available to the Federal Government, the Department or agency with which thistransaction originated may pursue available remedies.4. Further, the prospective bidder shall provide immediate written notice to the person to which this proposal issubmitted if at any time the Participant learns that this certification was erroneous when submitted or hasbecome erroneous by reason of changed circumstances.5. By submitting this proposal, it is agreed that should the proposed covered transaction be entered into, theprospective bidder will not knowingly enter into any lower-tier covered transaction with a person who isdebarred, suspended, declared ineligible, or voluntarily excluded from participation in this coveredtransaction unless authorized by the agency with which this transaction originated.6. It is further agreed that by submitting this proposal, the prospective bidder will include Certification ofSubcontractor Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion without modification,in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions.Provide the following information as detailed in the prospective bidder’s SAM registration:Entity Name:Address:City:SAM Entity ID:Active Exclusions:Yes2021 CDBG ManualChapter F: Plans and SpecificationsNoState: Zip:Expiration Date:

F-1CERTIFICATION OF BIDDER REGARDINGEQUAL EMPLOYMENT OPPORTUNITYThis certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). Theimplementing rules and regulations provide that any bidder or prospective contractor, or any oftheir proposed subcontractors, shall state as an initial part of the bid or negotiations of the contractwhether it has participated in any previous contract or subcontract subject to the equal opportunityclause; and, if so, whether it has filed all compliance reports due under applicable instructions.Where the certification indicates that the bidder has not filed a compliance report due underapplicable instructions, such bidder shall be required to submit a compliance report within sevencalendar days after bid opening. No contract shall be awarded unless such report is submitted.Certification by BidderBidder/Firm:Address:City:StateZip1. Bidder has participated in a previous contract orsubcontract subject to the Equal Opportunity Clause.YesNo2. Compliance reports were required to be filed inconnection with such contract or subcontract.YesNo3. Bidder has filed all compliance reports due underapplicable instructions, including SF-100.YesNo4. Have you ever been or are you being consideredfor sanction due to violation of Executive Order 11246,as amended?YesNoBidder Name:Title:Signature:Date:2021 CDBG ManualChapter F: Plans and SpecificationsNone Req.

F-1CERTIFICATION OF BIDDER REGARDING USE OFFEMALE/MINORITY SUBCONTRACTORSThis certification is required for the contractor to demonstrate that when subcontractors are tobe used on this project, an attempt will be made to utilize female/minority owned firms.Documentation must be on file to show who has been contacted.Certification by BidderBidder/Firm:Address:City:StateZipI, , certify that every attempt was made to utilizefemale/minority contractors on this project.Bidder Name:Title:Signature:Date:2021 CDBG ManualChapter F: Plans and Specifications

F-1CERTIFICATION OF BIDDER REGARDINGSECTION 3 AND SEGREGATED FACILITIESNAME OF PRIME CONTRACTOR:PROJECT NUMBER:The undersigned hereby certifies that Section 3 provisions are inclu

King Engineering Consultants, Inc., 3355 Poplar Ave., Suite 200, Memphis, Tennessee 38111 Copies may be obtained at the office of King Engineering Consultants, Inc. located at 3355 Poplar Avenue, Suite 200, Memphis, Tennessee upon payment of 250.00 for each set.