COG2023-09 Johnson Road Park Lacrosse Fields

Issuance Date: March 10, 2023 Non-Mandatory Pre-Bid Meeting Date: March 22, 2023 Questions Deadline: March 28, 2023 Bid Opening Date: April 3, 2023 BMA Approval Date: April 24, 2023 INVITATION TO BID JOHNSON ROAD PARK LACROSSE FIELDS COG2023-09 CITY OF GERMANTOWN PROCUREMENT DEPARTMENT 1930 SOUTH GERMANTOWN ROAD GERMANTOWN, TENNESSEE 38138 ARCHITECT/ENGINEER McCarty Granberry Engineering 198 Progress Road Collierville, TN 38017 BID PACKAGE CONSISTS OF: BID PROJECT DIRECTORY BID SITE PLANS CITY OF GERMANTOWN BID ENVELOPE 1930 South Germantown Road Germantown, Tennessee 38138-2815 Phone (901) 757-7200 Fax (901) 757-7292 www.germantown-tn.gov Date: March 10, 2023 The City of Germantown, Tennessee, will accept Bids on:COG2023-09 JOHNSON ROAD PARK LACROSSE FIELDS Bid shall be mailed in a sealed envelope marked “COG2023-09 Johnson Road Park Lacrosse Fields” in the lower left-hand corner of the envelope and addressed

to Procurement Director, City of Germantown, P. O. Box 38809, Germantown, TN 38183-0809 or, if using express mail (Fed Ex, Priority Mail, etc), address to 1930 S. Germantown Rd., Germantown, TN 38138. Please place in a sealed envelope inside the express mail packaging. (Bid must be received by the City prior to the time indicated below.) Please mark envelope with the name of the Bid. BID DATE: Bid shall be opened at 1930 S. Germantown Rd at 2:00 p.m. on April 3, 2023. Non-mandatory Pre-bid Meeting will be held on March 22, 2023 at 9:30 am CST, at City Hall at 1930 S. Germantown Road in Germantown, Tennessee with. A site meeting will follow at 2970 Johnson Rd., Germantown, TN 38139. All purchases are F.O.B. Germantown, Tennessee. The City reserves the right to accept or reject any Bid, to accept a Bid containing variations from these specifications if the Bid so merits, and to accept partial Bids. Bids must be submitted on the Bid document that the City issues and it must be signed. The Successful Bidder shall be prohibited from discriminating against any individual due to his race, creed, color, national origin, age or sex. The City may waive any informalities or minor irregularities. The Board of Mayor and Aldermen is the final authority and shall have the right to reject any single Bid or all Bids submitted. See attached Specifications, Bid Sheet, Bid Bond and Drug and Alcohol Testing Acknowledgment Statement and Affidavit, along with Company’s Testing Policy that must be returned as part of the Bid. Returning the form for disclosure of the Title VI and Title IX information is voluntary. The Standard Germantown Construction Contract, Payment Bond, Performance Bond and the required Insurance Certifications are included and will be required from the selected Bidder. Sincerely, Cathryn Perdue Cathryn Perdue Director Procurement & Risk ACKNOWLEDGEMENT OF RECEIPT OF BID PACKAGE INVITATION TO BID NUMBER COG2023-09 JOHNSON ROAD PARK LACROSSE FIELDS Upon receipt of documents, please fax/email this page to: City of Germantown – Procurement Department 1930 South Germantown Road Germantown, TN 38138 Phone: 901-757-7260 Fax: 901-757-7258 Email:procurement@germantown-tn.gov I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: _ CITY: STATE: ZIP PHONE: ( ) FAX: ( ) E-M AIL: _ (Signature) (Date) mailto:procurement@germantown-tn.gov TABLE OF CONTENTS FOR COG2023-09 JOHNSON ROAD PARK LACROSSE FIELDS Advertisement for Bids A Special Notice B Information for Bidders C-1 thru C-6 Drug and Alcohol Testing Policy D-1 thru D-2 Title VI Information E-1 thru E-2 Bid Form F-1 thru F-3 Addenda Acknowledgement Form F(A-1) Bid Bond G Information for Successful Bidder H-1 thru H-2 Contract and Agreement I-1 thru I-7 Payment Bond J-1 thru J-3 Performance Bond K-1 thru K-3 Germantown Insurance Requirement L Affidavit of Contractor M-1 thru M-2 Release of Waiver N Certificate of Payment to Contractor O-1 thru O-2 Notice of Award P Notice to Proceed Q Notice of Project Acceptance R Change Order Form S General Provisions GP-1 thru GP-21 Special Conditions SC-1 thru SC-10 TECHNICAL SPECIFICATIONS Specifications 1 Irrigation Specifications 2 ATTACHMENTS NPDES Stormwater Discharge Permit Attachment No. 1 Soil Analysis Report Attachment No. 2 CONSTRUCTION DRAWINGS Cover Sheet 1 Existing Conditions 2 Site Layout 3 Grading and Drainage 4 EPSC Plan 5 EPSC Details 6 ADVERTISEMENT FOR BIDS A ADVERTISEMENT FOR BIDS Separate sealed BIDS will be received by the City of Germantown at the office of the Procurement Director at 1930 South Germantown Road, Germantown, Tennessee until 2:00 p.m., Local Time, on the 3rd day of April 2023, and then at said office publicly opened and read aloud for the construction of: Project: COG2023-09 Johnson Road Park Lacrosse Fields___________________ The Project is briefly described as follows: Laser grade for proper drainage, amend soils for proper growing nutrients, replace irrigation to enhance growing conditions, and sod for a playable surface on both fields. The Contractor’s classification shall be BC or BC-B or BC-b(sm) or MU-C . Non-mandatory Pre-Bid Meeting will be held at 10:00 a.m. CST March 22, 2023 at the City Hall located at 1930 S. Germantown Road in Germantown, Tennessee. A site meeting will follow at 2970 Johnson Road Germantown, TN 38139. Copies of the CONTRACT DOCUMENTS and plans and specifications may be examined and obtained at the following location(s): City of Germantown - Owner Procurement Director 1930 South Germantown Road Germantown, TN 38138 Examined Only at: Builder’s Exchange 642 S. Cooper Street Memphis, Tennessee 38104 McGraw Hill Construction Dodge Plan Room 1604 Elm Hill Pike, Suite 200 Nashville, TN 37224 www.dodgeconstruction.com Each BID must be submitted on forms provided in the BID PACKET DOCUMENTS provided and either accompanied by a BID BOND, properly executed on the form provided, or a Certified check or Cashier’s check drawn on a National or Tennessee Bank in the amount of five percent (5%) of the TOTAL BID PRICE and payable to the City of Germantown. For construction projects, the BIDDER’S license number, its expiration date, and that part of the classification applying to the BID, together with certain information regarding subcontractors, must appear on the envelope containing the BID, otherwise the BID shall not be opened or considered. For additional details on this requirement, see Document C of the attached document headed “Information for Bidders”. The successful BIDDER shall be prohibited from discriminating against any individual due to the individual’s race, creed, color, national origin, age, or sex. The City may waive any informalities or irregularities. The Board of Mayor and Aldermen of the City is the final authority and shall have the right to reject any single BID or all BIDS submitted. Procurement Director City of Germantown, Tennessee http://www.dodgeconstruction.com/ B SPECIAL NOTICE DOCUMENTS: All contractors bidding on construction projects for the City of Germantown are required to use the Documents contained herein. Insurance: It is recommended that contractors consult with their insurance agent(s) to assure themselves that they can obtain the required insurance coverage set out in the Insurance Documents (Insurance Requirement Section L) and that their insurance agent(s) is authorized to execute the required Certificate of Insurance Coverage. Documents to be Executed: A BIDDER should only execute the BID and BID BOND, DRUG AND ALCOHOL ACKNOWLEDGMENT STATEMENT AND AFFIDAVIT (Form D-2) along with Company’s Testing Policy, and ADDENDA ACKNOWLEDGMENT FORM (Form F (A-1)), if any, when making a BID. The remaining forms contained in the CONTRACT DOCUMENTS will be required to be executed and complied with only by the successful BIDDER after notice of the award has been issued. Additional Information General and/or technical questions relating to this solicitation shall be submitted in writing to the City of Germantown, City Procurement Director, by email at procurement@germantown-tn.gov INFORMATION FOR BIDDERS PAGE 1 OF 6 C-1 INFORMATION FOR BIDDERS NOTICE - It is necessary for prospective BIDDERS to read the INFORMATION contained below to understand exactly how to submit a BID, what Documents must accompany the BID, what information should be on the outside of the envelope containing the BID, what the BIDDER legally obligates itself for by submitting a BID, and the reason why the City of Germantown (CITY) included the other Documents in this BID PACKET. Failure to carefully read and understand the INFORMATION contained below may either cause the BIDDER’S BID not to be considered or accepted by the CITY or cause the BIDDER to legally obligate itself to more than it realizes. The BID Document and the other Documents contained in this BID PACKET are legal Documents; and if the BIDDER does not understand any of them, the BIDDER should consult with its attorney. Only the Document forms included in this BID PACKET may be used. 1. Each BID must be submitted on the form provided in this BID PACKET and be accompanied by either a BID BOND, properly executed, on the form provided (Document G) or a Certified or Cashier’s check drawn on a National or Tennessee Bank in the amount of five percent (5%) of the TOTAL BID PRICE and payable to the CITY OF GERMANTOWN. The BID, with the BID BOND or Certified or Cashier’s check, must be placed in a sealed envelope and delivered to the office of the City Procurement Director, 1930 South Germantown Road, Germantown, Tennessee 38l38 on or before the time set out in the ADVERTISEMENT FOR BIDS; and then, at said office, the BID and all other BIDS shall be publicly opened and read aloud. 2. A BID shall be invalid if the BIDDER fails to deposit it at the designated location prior to the time and date for receipt of BIDS as indicated in the ADVERTISEMENT FOR BIDS. The CITY will not consider any bid received at the CITY’S designated location for the bid opening after the exact time specified for receipt. The CITY reserves the right to consider BIDS determined by the CITY, in the CITY’S sole discretion, to have been received late due to mishandling by the CITY after receipt of the BID and prior to any award. 3. If necessary, and within no later than three (3) days prior to the date established for receipt of BIDS (except as provided in 4 below), the CITY’S Procurement Department shall e-mail ADDENDA to each person or firm recorded by the Procurement Department as having acquired a BID package. 4. The CITY will not orally interpret the meaning of the plans, specifications or other PRE-BID documents. BIDDERS must submit all questions about the meaning or intent of PRE-BID documents in writing to the CITY’S Procurement Director and his/her designated buyer. The CITY must receive said written questions at least five (5) days prior to the date fixed for the opening of BIDS. The CITY will reply to such questions with written ADDENDA e-mailed to all parties recorded by the CITY’S Procurement Department as having acquired a BID PACKET. The CITY’S Procurement Department shall furnish such written ADDENDA not later than three (3) days prior to the date fixed for the opening of BIDS. Only questions answered by the CITY in written ADDENDA will be binding; all other interpretations shall be of no effect. Failure of any BIDDER to receive any such ADDENDA shall not relieve such BIDDER from any obligation under its BID, as submitted. All ADDENDA so issued shall become part of the CONTRACT DOCUMENTS. INFORMATION FOR BIDDERS PAGE 2 OF 6 C-2 BIDDERS shall submit all general and/or technical questions relating to the BID PACKET in writing to the CITY of Germantown Procurement Director, via e-mail. If any questions or responses require revisions to the solicitation as originally published, such revisions will be made by the CITY by written ADDENDA only, as described above. If the BID solicitation includes a separate contact person for technical information, BIDDERS are cautioned that any written or oral representations made by any engineer, CITY representative or other person(s) that appear to change materially, conflict with, or modify any portion of the solicitation shall not be relied upon and shall be of no effect. Only written ADDENDA issued by the CITY shall be effective as an amendment or as clarification of the BID solicitation. BIDDERS should contact the CITY’S Procurement Director at procurement@ germantown-tn.gov for a determination of whether an oral or written representation of any CITY representative or other person requires the CITY to issue an ADDENDUM. 5. A BIDDER may modify or withdraw a BID by an appropriate document executed and delivered to the Procurement Department at any time prior to the opening of BIDS. 6. As applicable, the product(s) specified in the BID PACKET DOCUMENTS shall be the basis for the BID. The BIDDER shall not be allowed to substitute another product without the CITY’S prior written approval. A BIDDER shall submit any request for substitution to the CITY no later than ten (10) days prior to the date fixed for the opening of the BIDS. The requesting BIDDER shall submit three (3) copies of each such request for substitution, which request shall include: (a) Complete data substantiating the compliance of the proposed substitution with the contract documents; (b) For products – product identification (including manufacturer’s name and address) and manufacturer’s literature (including product description, performance and test data and reference standards); (c) Sample(s); (d) Name and address of similar projects on which the product was used and date of product’s installation; (e) For manufacturing methods – detailed description of the proposed methods and drawings illustrating the methods; (f) Itemized comparison of proposed substitution with product or method specified; (g) Data relating to changes in construction schedule; and (h) Identification of changes or coordination required. INFORMATION FOR BIDDERS PAGE 3 OF 6 C-3 7. In making a request for substitution, a BIDDER represents that such BIDDER has personally investigated the proposed substituted product or method and that the BIDDER has determined that the proposed substitute product or method is equal or superior in all respects to that specified, that the BIDDER will provide the same guarantee for the substitution as for the product or method specified in the BID PACKET DOCUMENTS, and that the BIDDER will coordinate the installation of accepted substitutions into the WORK, making all changes for the WORK to be complete in all respects. 8. Substitutions will not be considered when: they are indicated or implied on shop drawings or product data submittals without a formal request submitted in accordance with Paragraph 6; or acceptance will require substantial revision of the CONTRACT DOCUMENTS. 9. Any request for substitution received within six (6) days or less from the date fixed for the opening of BIDS will not be considered. 10. If product substitution is acceptable to the CITY, BIDDERS shall receive notification by Addendum a minimum of three (3) days prior to the BID date. If no approval notification through ADDENDUM is received by the BIDDER, the BIDDER shall submit the original specified product. 11. If this BID is for a construction project, the provisions of Tennessee Code Annotated Sections 62-6-101 et seq., Relating to General Contractors, will be applicable and same are incorporated herein by reference. All invited BIDDERS on a construction project are advised that a BIDDER must provide evidence of a license in the appropriate classification before its BID may be considered. The Official Bid Envelope containing the BID must be plainly marked with the following information: (A) The BIDDER’S and any electrical, plumbing, heating, masonry, roofing, ventilation, and air conditioning subcontractor’s name and address; (B) The respective Tennessee Contractor’s License Numbers of the BIDDER and the aforesaid subcontractors and the expiration dates of each; and (C) That part of the license classification applying to the BID for all of the foregoing. Otherwise the BID shall not be opened or considered except that if that BID is in an amount less than $25,000, only the name of the BIDDER for the contract and not the names of any subcontractors need to appear on the outside of the envelope. 12. The CITY has an employee drug and alcohol testing program, and a copy of the relevant portions thereof is enclosed. You must have a testing program for your employees that is at least as stringent as that of the City of Germantown. You must submit a copy or a summary of your drug and alcohol testing policy with your bid or proposal by attaching it to the enclosed Drug and Alcohol Testing Acknowledgement Statement and Affidavit (Form D-2). IF BIDDERS DO NOT HAVE A TESTING PROGRAM THAT MEETS THIS REQUIREMENT, THEIR BID CANNOT BE ACCEPTED BY THE CITY. THIS IS A REQUIREMENT OF TENNESSEE LAW AND CANNOT BE WAIVED BY THE CITY. INFORMATION FOR BIDDERS PAGE 4 OF 6 C-4 13. If Bidders choose to do so, attach a completed voluntary Title VI and Title IX form with the BID (Form E-2). 14. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only the original of the BID is required. The CITY may waive any informalities or defects and may reject any and all BIDS. Any BID may be withdrawn prior to the scheduled BID opening time or authorized postponements thereof. No BIDDER may withdraw his BID within sixty (60) days after the actual time of the BID opening. Should there be any reason why the contract cannot be awarded within the specified time, the time may be extended by mutual agreement between the CITY and the successful BIDDER. 15. All CONTRACT DOCUMENTS are part of the CONTRACT AND AGREEMENT (sometimes referred to as the “C & A”). A BIDDER should only execute the BID, BID BOND, Drug and Alcohol Acknowledgement Statement and Affidavit (Form D-2) along with Company’s Testing Policy and ADDENDA ACKNOWLEDGEMENT FORM (Form F(A-1)) when making a BID. The remaining Document forms in the BID PACKET should not be executed at the time of making a BID, as they are the Document forms which either contain information for the successful BIDDER or are Document forms the successful BIDDER will be required to execute and with which the successful BIDDER must comply. The BIDDER’S attention is directed to these Document forms. 16. The CONTRACT DOCUMENTS contain all the provisions required for the construction of the PROJECT. Information obtained from any officer, agent or employee of the CITY or any other person shall not affect the risks or obligations assumed by the BIDDER or relieve the BIDDER from fulfilling any of the conditions of the C & A or the other CONTRACT DOCUMENTS. 17. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID SCHEDULE and other matters that shall be applicable by examination of the site and a review of the CONTRACT DOCUMENTS, including any addenda. After BIDS have been submitted, a BIDDER shall not be legally entitled to assert that there was a misunderstanding concerning the quantities or conditions of the work to be performed, the quantities, qualities or conditions of the equipment and/or supplies to be furnished or any other terms or conditions of the C & A or the other CONTRACT DOCUMENTS. 18. The CITY will consider only those BIDS that are offered by BIDDERS who can show evidence of satisfactory completion of the work that is comparable in size and type of the WORK that is contemplated in the CONTRACT DOCUMENTS or, in the case of a new business, the ability to perform the work contemplated. 19. The CITY shall determine which is the lowest responsible and best BIDDER for the PROJECT and shall deliver to the successful BIDDER a NOTICE OF AWARD accompanied by the C & A and the Document forms to be executed and returned with the executed C & A. These Document forms include the PAYMENT AND PERFORMANCE BONDS and the CERTIFICATE OF INSURANCE INFORMATION FOR BIDDERS PAGE 5 OF 6 C-5 COVERAGE. The successful BIDDER shall be required to return the C & A and the required attachments, properly executed, to the CITY within fifteen (15) days after receipt of same. Upon approval of same, the CITY shall forward the successful BIDDER a NOTICE TO PROCEED (Form Q). 20. Once the CITY determines which party is the successful BIDDER, that BIDDER must, as indicated above, fully comply with the BID and execute and deliver to the CITY the C & A and other required documents. Upon its failure to timely do so, the CITY shall be authorized to advise the BIDDER that it is in default and that the CITY shall proceed to contract with another to fulfill the contract with which the defaulting BIDDER has failed to comply; and the defaulting BIDDER and the surety on its BID BOND shall be liable for all damages suffered by the CITY due to such default. The obligation of the defaulting BIDDER shall not be limited to the amount of its BID BOND, although the liability of the surety on such BID BOND will be limited to the amount thereof. 21. Any protest concerning the award of this bid shall be addressed to the Procurement Department Director. Protest shall be made in writing to the Procurement Department Director and shall be filed within seven days after the intended award is announced. A protest is considered filed when received by the Procurement Department Director. The written protest shall include the name and address of the protestor, identification of the procurement, a statement of the specific reasons for the protest and supporting exhibits. The submitted information will be reviewed with the City Attorney and City Administrator to render a final decision and a formal response provided within seven days. This decision relative to the protest shall be considered final. 22. The BIDDER shall be responsible for obtaining any and all permits required by the CITY to successfully complete this project. 23. If required, the successful low apparent BIDDER shall furnish the CITY, within forty-eight (48) hours after BIDS are received, the following detailed information for the CITY’S use: (a) A cost breakdown analysis of all areas of WORK contained in the BID PROPOSAL, including a separation of all labor and material items; and (b) A list of names of subcontractors, other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the WORK. The BIDDER will be required to establish, to the satisfaction of the CITY Engineer and the CITY, the reliability of the proposed subcontractors to furnish and perform the WORK described in the sections of the specifications pertaining to such proposed subcontractor’s respective trades. Subcontractors and other persons and organizations proposed by the BIDDER and accepted by the CITY and CITY Engineer must be on the WORK for which they were proposed and accepted, and shall not be changed without the written approval of the CITY and the CITY Engineer. INFORMATION FOR BIDDERS PAGE 6 OF 6 C-6 This list shall be submitted at the time the Cost Breakdown Form is presented to CITY, as set forth in this paragraph 23. 24. The CITY may, in its discretion, conduct a PRE-BID conference in the CITY on the date and at the time and place to be selected by the CITY. Any party interested in bidding should so advise the CITY in writing by e-mailing notice of such interest to the CITY’S Procurement Director at procurement@germantown-tn.gov . That party will receive notice of the date, time and place of the PRE-BID conference. BIDDERS are required to attend this conference and to submit written questions in advance of the conference to the Procurement Director. Additional written questions may be submitted at the conference. If the CITY has set a PRE-BID conference, the conference shall be held on the date at the time and place set forth herein below. NON-MANDATORY PRE-BID CONFERENCE TO BE HELD: DATE: March 22, 2023 TIME: 9:30 AM CST LOCATION: CITY HALL – BOARD CHAMBERS 1930 S. Germantown Road Germantown, TN 38138 mailto:procurement@germantown-tn.gov D-1 DRUG & ALCOHOL Page 1 of 3 CITY OF GERMANTOWN DRUG AND ALCOHOL TESTING POLICY All City of Germantown employees are subject to reasonable suspicion drug and alcohol testing. Employees in safety-sensitive positions, including, without limitation, police, fire and those who hold a commercial driver’s license, are subject to pre-employment, reasonable suspicion, post-accident and random drug and alcohol testing. All BIDDERS are required to submit an affidavit, in the form attached hereto, 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 Germantown. BIDDERS are hereby notified pursuant to Public Chapter 693 of the Public Acts of 2002 (codified as T.C.A. Section 50-9-114) that employers shall have seven (7) calendar days from the date that the successful BIDDER and the City of Germantown enter into the Contract & Agreement to file suit in the Shelby County Chancery Court to contest the Contract & Agreement issued to the successful BIDDER on the grounds that it violates said Public Chapter due to the fact that the successful BIDDER did not comply with said Public Chapter. Employers that do not contest the Contract & Agreement within said seven (7) calendar days by filing suit in Shelby County Chancery Court shall waive their rights to challenge the Contract & Agreement for violation of the provisions of Public Chapter 693. D-2 DRUG & ALCOHOL Page 2 of 3 DRUG AND ALCOHOL TESTING ACKNOWLEDGMENT STATEMENT AND AFFIDAVIT Comes ___________________________________________, for and on behalf of (Printed name of Principal Officer of Company) _______________________________________, (the “Company”) and makes oath that: (i) the Company has received a copy of the relevant portions of the City of Germantown Drug and Alcohol Testing Policy; (ii) the Company understands that it must have a drug and alcohol testing policy at least as stringent as that of the City of Germantown; and (iii) the Company has in effect a drug and alcohol testing policy at least as stringent as that of the City of Germantown. Attached hereto is a summary of the relevant portions of the Company’s drug and alcohol testing program or a complete copy thereof. ____________________________________ Signature Title: _______________________________ Sworn to and subscribed before me, a Notary Public, this ______ day of __________, 2023. ____________________________________ Notary Public My Commission Expires: _____________________ D-3 DRUG & ALCOHOL Page 3 of 3 CITY OF GERMANTOWN Revised: Sept. 1, 1991 PERSONNEL POLICIES Revised: Jan. 1, 2002 DRUG AND ALCOHOL ABUSE GENERAL POLICY This is to establish the City’s policy regarding drug and alcohol use and the unlawful possession of controlled substances on City of Germantown premises. The City of Germantown Medical Benefits Program provides clinical treatment for employees and dependents who are experiencing the following disorders or conditions: Mental and Nervous Disorders Treatment, Alcohol and Drug Dependency. The City also provides an Employee Assistance Program. SCOPE All employees of the City of Germantown. PROVISIONS A. City employees shall not take or be under the influence of any alcohol or illegal drugs while on duty. Employees may not be under the influence of legally prescribed or over-the-counter medications while on duty if such medications would impair their ability to safely and effectively perform their job. B. City employees are prohibited from the use, possession, manufacture, distribution and sale of drugs at any time, or of alcohol while on duty or while in or on City property or in City vehicles. C. All property belonging to the City is subject to inspection at any time without notice. Property includes, but is not limited to, vehicles, desks, containers, files, and storage lockers. D. City employees who have reason to believe another employee is illegally using drugs or narcotics, shall report the facts and circumstances immediately to the supervisor. E. All City employees are subject to reasonable suspicion drug and alcohol testing. Employees in safety-sensitive positions, including without limitation, police, fire and those who hold a commercial driver’s license, are subject to pre-employment, reasonable suspicion, post-accident and random drug and alcohol testing. Testing procedures and other rules relating to drug and alcohol abuse are described in the City Drug and Alcohol Testing Policy or the respective department drug and alcohol policies. F. Failure to comply with the intent or provisions of this policy or the applicable drug and alcohol testing policy may be used as grounds for disciplinary action, up to and including termination. (See Policy on Disciplinary Action. E-1 TITLE VI FORM Page 1 of 2 TITLE VI INFORMATION 1. The City of Germantown agrees to comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), and the Department of Transportation Implementing Regulations (49 CFR Part 21) relative to the Contract which is the subject hereof. 2. The Contractor is requested, but is not obligated, to include the attached disclosure sheet, Voluntary Title VI and Title IX Form, with the Contractor’s sealed bid. E-2 TITLE VI FORM Page 2 of 2 VOLUNTARY TITLE VI AND TITLE IX FORM Attach form to sealed bid For Title VI and Title IX compliance, the Contractor’s voluntary disclosure of the following information is requested. 1. Number of Contractor’s Employees Who Are: Male Female 2. Number of Contractor’s Employees Who Are: Caucasian African-American Other (please specify) __________________________________________ __________________________________________ __________________________________________ F-1 BID FORM Page 1 of 5 BID Bid of: (Name of Bidder) (Address of Bidder) organized and existing under the laws of the State of and doing business as _____________________(indicate: “a corporation”, “a partnership”, “an individual”, a “limited liability company” or otherwise, as applicable). To: City of Germantown - Owner City Procurement Director 1930 South Germantown Road Germantown, Tennessee 38l38 In compliance with your ADVERTISEMENT FOR BIDS, BIDDER hereby proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, services, and other necessary supplies in strict accordance with the terms and conditions of the plans, specifications and CONTRACT DOCUMENTS within the number of consecutive calendar days and at the prices set forth below for the construction of: Project: COG2023-09 Johnson Road Park Lacrosse Fields By submitting this BID, BIDDER certifies that this BID has been arrived at independently without consultation, communication or agreement as to any matter relating to this BID with any other BIDDER or with any other competitor. BIDDER agrees, upon receipt of the NOTICE OF AWARD accompanied by the CONTRACT AND AGREEMENT (C & A) and all required attachments, to cause same to be properly executed and returned to the CITY OF GERMANTOWN within fifteen (15) days thereafter. BIDDER further agrees, upon receipt of the NOTICE TO PROCEED, (i) to commence work on the PROJECT not later than the last date stated in the Notice to Proceed as to which the BIDDER may commence to proceed, and (ii) to complete the PROJECT within ninety (90) consecutive calendar days after such date; otherwise, to pay the CITY OF GERMANTOWN as liquidated damages the sum of two hundred fifty dollars ($250) for each consecutive calendar day thereafter as provided in the GENERAL PROVISIONS; and (iii) to complete all Punch List items within fourteen (14) consecutive calendar days after the date of Substantial Completion, as such date is determined by the CITY, otherwise, the BIDDER agrees that the CITY may use any remaining retainage to complete all Punch List items. BIDDER acknowledges receipt of addenda(s) No.____ . 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 § 12-12- 106. This list is generated to identify entities ineligible to contract with the State of Tennessee or any political subdivision of the State per the Iran Divestment Act, T.C.A. § 12-12-101 et seq., and the current list may be F-2 BID FORM Page 2 of 5 found at the Tennessee Department of General Services, Central Procurement Office, website under the Public Information Library webpage. Concerning the Non-Boycott of Israel Act (T.C.A. § 12-4-1 et seq.), by submission of this bid/quote/proposal, each supplier and each person signing on behalf of any supplier certifies, and in the case of a joint bid/quote/proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to best of its knowledge and belief that each supplier is not boycotting Israel pursuant to § 12-4-1 and will not during the term of any award. Note: Applicable only to contracts of $250,000 or more and to suppliers with 10 or more employees. BIDDER agrees to perform all work described in the CONTRACT DOCUMENTS for the following unit price or lump sum: F-3 BID FORM Page 3 of 5 BID FORM Item No. Description Quantity Unit Unit Price Total 1 Refurbishment of two lacrosse fields. Work includes, but is not limited to, demolition, EPSC, grading and drainage, soil amendments, and all pertinent items. All work shall be complete in every detail, ready for the City’s beneficial use as specified herein and/or indicated on the contract drawings and specifications. 1 LS 2 Labor and materials for the installation of Tifway II Bermuda sod. 1 LS 3 Removal of existing irrigation and installation of new irrigation per the specifications. 1 LS 4 Removal of existing chain link fence per contract drawings. Labor and materials for the installation for 10’ black vinyl chain link fence approximately 1200 l.f. as described in the contract drawing using Master Halco or equal. 1 LS TOTAL BASE BID PRICE TOTAL BID PRICE, IN WORDS: DOLLARS AND CENTS ($ . ) Notes: The Contractor shall have 5 years experience as a sports field builder, references for similar projects shall be provided upon request by the City. The City may also request Contractor and/or subcontractor personnel resumes. The City prefers the Contractor to be Certified through the Sports Field Managers Association; however, this is not required. All rough and finished grading to be performed by the awarded contractor. Sub-contractors cannot perform more than 60% of the work. Work for this project will begin June 1st, 2023. F-4 BID FORM Page 4 of 5 DEDUCTIVE BID ITEMS (At the City’s Option): DEDUCTIVE BID ALTERNATE NO. 1 Description Qnty. Unit Total Price Labor & Materials for the installation for 5’ black vinyl chain link fence approximately 1200 l.f. as described in the contract drawing using Master Halco or equal. 1 LS TOTAL BID PRICE, IN WORDS: DOLLARS AND CENTS ($ . ) ADDITIVE ALTERNATE BID ITEMS (At the City’s Option): ADDITIVE BID ALTERNATE NO. 1 Description Qnty. Unit Total Price Labor & Materials for the installation of Tahoma 31 Bermuda sod. 1 LS TOTAL BID PRICE, IN WORDS: DOLLARS AND CENTS ($ . ) ADDITIVE ALTERNATE BID ITEMS (At the City’s Option): ADDITIVE BID ALTERNATE NO. 2 Description Qnty. Unit Total Price Install synthetic turf creases on each field. Each crease should measure 18 ft across with a 9 ft radius. The contractor will ensure the crease meets USA Lacrosse standards and that the crease is positioned so that the field lines are compliant to USA Lacrosse standards. All synthetic turf creases will have a sand base and black rubber infill to support the synthetic surface. 1 LS TOTAL BID PRICE, IN WORDS: DOLLARS AND CENTS ($ . ) F-5 BID FORM Page 5 of 5 Submitted By: (Name of BIDDER) (Printed) _____________________________________________________ (Company Name) (Printed) Signature: ____________________________________________ Title:___________________________________________ Address: Telephone No.: Fax No.: ______________________________________________________ (Date Bid Submitted) License Number License Type Date of Expiration of License Monetary Limit F (A-1) ADDENDUM ACKNOWLEDGEMENT FORM Page 1 of 1 ADDENDA ACKNOWLEDGEMENT FORM BIDDER acknowledges receipt of the following addenda (as applicable): Addendum No. 1 Dated ________________________ Addendum No. 2___________________________ Dated ________________________ Addendum No. 3 __________________________ Dated ________________________ Addendum No. 4 __________________________ Dated ________________________ Addendum No. 5 __________________________ Dated ________________________ Addendum No. 6 __________________________ Dated ________________________ _________________________________________ (Name of Bidder) By: _____________________________________ Title: ___________________________________ G BID BOND Page 1 of 1 Use this form for bid bond. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ________________________________________________________________________(BIDDER) and ______________________________________________________(SURETY) are held and firmly bound unto the City of Germantown, Tennessee in the penal sum of five percent (5%) of the total amount of the BID, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents. The conditions of the above obligation are such that whereas BIDDER has submitted to the CITY OF GERMANTOWN a certain BID, attached hereto and hereby made a part hereof, to execute and enter into a certain CONTRACT AND AGREEMENT (C & A) for (PROJECT) in compliance with the CONTRACT DOCUMENTS. NOW, THEREFORE, (a) If the BID shall be rejected, or (b) If the BID is accepted and the BIDDER enters into a C & A for said project with the CITY OF GERMANTOWN within fifteen (15) days after receipt of the NOTICE OF AWARD accompanied by the C & A and all required attachments, then, this obligation shall be null and void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the SURETY for any and all claims hereunder shall, in no event, exceed the penal sum of this obligation as herein stated but the liability of the BIDDER is not so limited. The SURETY, for value received, hereby stipulates and agrees that the obligation of said SURETY on this, its BID BOND, shall in no way be impaired or released by any extension of the time within which the CITY OF GERMANTOWN may accept such BID and the SURETY does hereby waive notice of any such extension. WITNESS THE DUE EXECUTION HEREOF, on the _________ day of ____________________________, 2023. NAME OF BIDDER ____________________________________________ BY:__________________________________________ Signature of BIDDER or Authorized Officer Title: ________________________________________ NAME OF SURETY _____________________________________________ BY:__________________________________________ Authorized Representative (Attach Power of Attorney) H-1 INFORMATION FOR SUCCESSFUL BIDDER Page 1 of 2 INFORMATION FOR SUCCESSFUL BIDDER Those proposing to bid on the construction and completion of this City Project (PROJECT) should note the following: (1) The City of Germantown (the “City”) may award the contract to the lowest responsible and best bidder in accordance with the CONTRACT DOCUMENTS and in accordance with the following provisions: a. The City may conduct such investigations as it deems necessary to evaluate any bid and to conclude, if warranted, that the BIDDER or, if an entity, its owners and officers, and the BIDDER’S proposed subcontractors, are responsible, qualified, and competent and have the financial ability to do the work in accordance with the contract documents to the City’s satisfaction within the prescribed time. b. The City reserves the right to reject the bid of any BIDDER who does not satisfy such evaluation. c. The City reserves the right to reject any BID if any of the unit prices contained therein are obviously unbalanced, either above or below the reasonable cost thereof, as analyzed by the City. The purpose of insisting on balanced unit prices is to prevent the City from paying excessive unit prices, even though the bid, as a whole, is the lowest bid. d. The City reserves the right to: reject any and all bids; waive any and all informalities; and discard all nonconforming and non-responsive or conditional bids. e. In evaluating bids, the City shall consider the qualifications of the bidders, the degree of compliance with the prescribed requirements, and the alternatives and unit prices (if requested in the bid forms). f. As a part of the evaluation process, the CONTRACTOR will be required to provide a detailed description of their Safety Program including the name of the CONTRACTOR’S Safety Officer, contract information and location at which they maintain their office. The CONTRACTOR will also be required to provide a list of any citations received for willful violations for failure to abate or for repeated violations by the United States Occupational Safety and Health Administration (OSHA); by the Tennessee Occupational Safety and Health Administration (TOSHA); or by any other governmental body for the last three years. Violations should be noted along with the nature of the violation, date of the violation, and name, address, telephone number and contact person for the agency issuing the citation. g. If awarded, the contract will be awarded to the lowest bidder whose evaluation by the City indicates to the City that the award will be in the best interest of the Project. h. The City may reject all bids submitted and call for new bids. H-2 INFORMATION FOR SUCCESSFUL BIDDER Page 2 of 2 (2) The City will notify the successful BIDDER that it is the successful BIDDER by telephone following approval. City will then e-mail additional information and NOTICE OF AWARD. CONTRACTOR shall then be responsible for picking up contract documents from CITY and returning same to the CITY, properly executed, within fifteen (15) days of receipt. Accompanying the NOTICE OF AWARD will be the CONTRACT AND AGREEMENT (C & A), the PAYMENT AND PERFORMANCE BONDS and information regarding the City’s insurance requirement. (3) The CONTRACTOR is required to sign the C & A as set out therein. The CONTRACTOR is required to sign the PAYMENT AND PERFORMANCE BONDS exactly as set out therein, have an authorized agent of an insurance company authorized to do business in the State of Tennessee sign same and attach his Power of Attorney. Said PAYMENT AND PERFORMANCE BONDS must be attached to the C & A. The CONTRACTOR is required to have an authorized agent of an insurance company or companies authorized to do business in the State of Tennessee sign the CERTIFICATE OF INSURANCE COVERAGE and attach his or their Power(s) of Attorney to it. The CERTIFICATE OF INSURANCE COVERAGE must be attached to the C & A. (4) The CONTRACTOR shall be notified by the City when said C & A, with the required attachments, has been approved and executed on behalf of the City , and the City shall furnish a copy of same to the CONTRACTOR. The City will thereafter issue a writing to the Contractor notifying the CONTRACTOR to commence work under the C & A (the “Notice to Proceed”). When such occurs, the CONTRACTOR is required to commence work on the PROJECT as specified therein and complete construction of the PROJECT within the number of consecutive calendar days set out in the CONTRACT DOCUMENTS. (5) If the CONTRACTOR fails to comply with the foregoing, he shall become liable to the City for any damages suffered by the City because of such failure and/or may lose any benefits obtained by receiving the NOTICE OF AWARD. (6) Further, the CONTRACTOR, by submitting his BID, agrees that he has read and is familiar with all the terms and conditions of the documents making up the CONTRACT DOCUMENTS and will abide by the terms and conditions thereof. (7) The C & A and the other CONTRACT DOCUMENTS will be interpreted in accordance with and controlled by the laws of the State of Tennessee. (8) The original of the C & A shall remain on file at the Office of the City Clerk, 1930 South Germantown Road, Germantown, Tennessee 38l38. Drawings and Specifications shall remain on file at the office set out in the CONTRACT DOCUMENTS. I-1 CONTRACT AND AGREEMENT Page 1 of 7 Project Name: Johnson Road Park Lacrosse Fields Bid Number: COG2023-09 CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF GERMANTOWN, TENNESSEE AND _________________________________________ This CONTRACT AND AGREEMENT (sometimes “C & A”) is entered into this 24th day of April 2023, by and between the CITY OF GERMANTOWN, TENNESSEE, a municipality organized and existing under the laws of the State of Tennessee (“CITY” OR “OWNER”), and , a_____________________________________________ [State Where Contractor Established] ___________________________________ [type of entity, e.g., corporation, LLC, partnership] (“CONTRACTOR”). For and in consideration of the agreements, covenants, payments and promises herein, the CITY and CONTRACTOR contract, covenant and agree as follows: I-2 CONTRACT AND AGREEMENT Page 2 of 7 ARTICLE I One (l) set of complete Contract Documents is on file in the Procurement Department. The parties expressly agree that the following documents are a part of this C & A: Advertisement for Bids A Special Notice B Information for Bidders C-1 thru C-6 Drug & Alcohol Policy D-1 thru D-3 Title VI Form E-1 thru E-2 Bid Form F-1 thru F-4 Addenda Acknowledgment Form F (A-1) Bid Bond G Information for Successful Bidder H-1 & H-2 Contract and Agreement I-1 thru I-7 Payment Bond J-1 thru J-3 Performance Bond K-1 thru K-3 Germantown Insurance Requirement L Affidavit of Contractor M-1 thru M-2 Waiver and Release of Lien N Certificate of Payment to Contractor O-1 thru O-2 Notice of Award P Notice to Proceed Q Notice of Project Acceptance R Change Order Form S General Provisions GP-1 thru GP-21 Special Conditions SC-1 thru SC-10 TECHNICAL SPECIFICATIONS Specifications 1 Irrigation Specifications 2 ATTACHMENTS NPDES Stormwater Discharge Permit Attachment No. 1 Soil Analysis Report Attachment No. 2 CONSTRUCTION DRAWINGS Cover Sheet 1 Existing Conditions 2 Site Layout 3 Grading and Drainage 4 EPSC Plan 5 EPSC Details 6 I-3 CONTRACT AND AGREEMENT Page 3 of 7 ARTICLE II CONTRACTOR agrees to furnish and pay for all material, supplies, tools, equipment, labor and other services required to do and perform all the work required to complete the Project as described in the Contract Documents within ninety (90) consecutive calendar days after the day specified in the Notice to Proceed (FORM Q) as the last day upon which the Contractor is to proceed, all in strict and complete compliance with the terms and conditions of this C & A and with the other Contract Documents for this Project, all of which shall be deemed a part hereof as fully and completely as if set out and copied verbatim herein. The CITY agrees to pay the CONTRACTOR for said work described in Article II as shown on the attached BID FORM and pursuant to the terms and conditions of this C & A and the other Contract Documents. No payments under this C & A will be made except upon presentation of the monthly estimate form prepared by CONTRACTOR and approved by the CITY, which shall show that the work covered by the periodic Certificate of Payment Form has been done and the payments therefor are due in accordance with this C & A. The first estimate shall be of the value of the work completed within the first thirty days from the commencement of performance by the CONTRACTOR pursuant to this C & A. Every subsequent monthly estimate shall be for the work done since the CONTRACTOR’s commencement of performance of this C & A, less the amount previously paid. If the CONTRACTOR fails to adhere to the program of completion provided for in the Contract Documents, the CITY shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages (if any) to the date of said estimate until such time as compliance with the program has been restored. The monthly estimates shall be submitted on a form acceptable to the CITY signed by the City Engineer, architect I-4 CONTRACT AND AGREEMENT Page 4 of 7 or other professional retained by the CITY relative to the Project, if any. Such estimates shall be subject to the approval of the CITY. If the CITY approves such estimates, the CITY, subject to the foregoing provisions, will pay or cause to be paid to the CONTRACTOR, in the manner provided by law, the amount equal to NINETY-FIVE PERCENT (95%) of the estimated value of the work performed. The CONTRACTOR shall, as soon as practical after final acceptance of the work under the C & A, make a final estimate of the amount of work done hereunder and the value thereof. Such final estimate shall be checked, approved and signed by the engineer/architect retained by the CITY relative to the Project, if any, and the official representative of the CITY. After such approval, the CITY shall pay, or cause to be paid, the CONTRACTOR, in the manner provided by law, the entire sum so found to be due hereunder after deducting there from all previous payments and such other lawful amounts as the terms of this C & A prescribe. Neither the final payment nor any part of the retained percentage shall become due until the CONTRACTOR shall deliver to the CITY a complete release of all claims or liens arising out of this C & A with an affidavit that all material suppliers and laborers to or on the Project have been paid. The CONTRACTOR may furnish a bond satisfactory to the CITY to indemnify the CITY against any claim or lien if a subcontractor refuses to furnish a release or receipt in full. If any claim or lien remains unsatisfied after all payments are made, the CONTRACTOR shall refund to the OWNER all monies that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney’s fees incurred by the OWNER in defending against such claim or lien. In no case will final payment be made in less than thirty (30) days after completion of the work and the acceptance of same by the OWNER. Nothing contained herein shall be construed as signifying that a materialman or laborer has a right to a lien on the Project, as such liens are not permitted by Tennessee law. Any party giving notice to the OWNER that such party has not been paid by the CONTRACTOR shall be referred by the OWNER to the CONTRACTOR and the surety on the bonds required to be posted by the CONTRACTOR relative to the Project. I-5 CONTRACT AND AGREEMENT Page 5 of 7 ARTICLE III CONTRACTOR declares that neither the Mayor, nor any Aldermen, nor any other CITY official holds a direct or indirect interest in this C & A. CONTRACTOR pledges that he will notify the Finance Director of the CITY in writing should any CITY official become either directly or indirectly interested in this C & A. CONTRACTOR declares that as of the date of this declaration he has not given or donated or promised to give or donate, either directly or indirectly, to any official or employee of the CITY, or to pay anyone else for the benefit of any official or employee of the CITY, any sum of money or other thing of value for aid or assistance in obtaining this C & A. CONTRACTOR further pledges that neither he nor any other officer or employee of CONTRACTOR will give or donate or promise to give or donate, directly or indirectly, to any official or employee of the CITY or anyone else for the benefit thereof any sum of money or other thing of value for aid or assistance in obtaining any change order to this C & A. I-6 CONTRACT AND AGREEMENT Page 6 of 7 ARTICLE IV CONTRACTOR agrees to indemnify and save the CITY, CITY officers, CITY agents, and CITY employees harmless from and against all loss and expense, including court costs and attorneys’ fees, by reason of liability imposed on the CITY, CITY officers, CITY agents, or CITY employees, for damage because of bodily injury, death or property damage arising out of or in consequence of the performance of the work under or in any manner related to this C & A, whenever such injury, death or damage is due or claimed to be due to the negligence of the CONTRACTOR, his subcontractors, officers, agents, and/or employees. In the event the CITY shall have occasion to either defend or assert its rights under this C & A in a court of law or equity, before a board of arbitration or otherwise, and if the CITY shall prevail in any such action, either as defendant or plaintiff (as the case may be), CONTRACTOR shall pay any and all costs of such action, including court costs and reasonable attorneys’ fees, incurred by the CITY in asserting or defending its rights under this C & A. All personal pronouns used in the Contract Documents, whether used in the masculine, feminine or neuter gender, shall include all other genders, the singular shall include the plural, and vice versa, as the context may require. I-7 CONTRACT AND AGREEMENT Page 7 of 7 WITNESS the due execution hereof, effective ____________________,2023 which date is the date of the signature of the Mayor as attested to by the City Clerk/Recorder under seal of office. _______________________________________________ [CONTRACTOR NAME] By: __________________________________________ Title: __________________________________________ Address: ________________________________________ ________________________________________ ________________________________________ Telephone No.: (_____) ____________________________ Fax No.: (_____) ________________________________ CITY OF GERMANTOWN, TENNESSEE By: __________________________________________ Mike Palazzolo, Mayor I certify that on the day of , 2023, the signature of the Mayor was attested to by the City Clerk under seal of office on the original of this CONTRACT AND AGREEMENT. City Clerk/Recorder Date: _____________________________________ Approved as to form: City Attorney Date: _____________________________________ PAYMENT BOND Page 1 of 3 J-1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that ___________________________________________________ (Name of Contractor) ____________________________________________________(Address of Contractor) a _______________________ (State of formation of CONTRACTOR) __________________________________ (Corporation, Partnership, Limited Liability Company, Individual or Joint Venture—indicate which), hereinafter called CONTRACTOR, and ______________________________________________________ (Name of Surety) (Address of Surety) hereinafter called SURETY, are held and firmly bound unto the City of Germantown, Tennessee, 1930 South Germantown Road, Germantown, Tennessee, hereinafter called OWNER, in the penal sum of _________________________________________________________________ Dollars ($___________________), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, and our successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR has entered into a certain Contract and Agreement (“Contract”) with the OWNER which is made a part hereof by reference for the construction of: COG2023-09 Johnson Road Park Lacrosse Fields ______________________________________________________________________ NOW, THEREFORE, if the CONTRACTOR shall promptly make payment to all persons, firms, and SUBCONTRACTORS furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any extension or modification thereof, including all amounts for materials, lubricants, oil, gasoline, parts and repairs on machinery, equipment, and tools consumed or used in connection with PAYMENT BOND Page 2 of 3 J-2 such work, and all insurance premiums on said work, and for all labor performed in such work, whether by SUBCONTRACTORS or otherwise, then this obligation shall be void; otherwise, same is to remain in full force and effect. PROVIDED, FURTHER, that said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, modification, alteration, or addition to the terms of the Contract, to the work to be performed thereunder or to the SPECIFICATIONS accompanying the same shall in any way release its obligation under this BOND. Said SURETY hereby waives notice of any such change, extension of time, modification, alteration, or addition to the terms of the work or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim is entitled to be satisfied by the CONTRACTOR and its SURETY. PROVIDED, FURTHER, that the CONTRACTOR and SURETY agree that any claim under this BOND may only be litigated in a court of competent jurisdiction in Shelby County, Tennessee. PAYMENT BOND Page 3 of 3 J-3 IN WITNESS WHEREOF, this instrument is duly executed, this the day of ___________________, 2023. (CONTRACTOR) By: ________________________________ Title: _______________________________ Address: ____________________________ ____________________________________ ____________________________________ (SURETY) By: ________________________________ (Attorney-in-Fact) Title: _______________________________ Address: ____________________________ ____________________________________ ____________________________________ PERFORMANCE BOND Page 1 of 3 K-1 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that ______________________________________________________ (Name of Contractor) ____________________________________________________(Address of Contractor) a _______________________ (State of formation of CONTRACTOR) __________________________________ (Corporation, Partnership, Limited Liability Company, Individual or Joint Venture—indicate which), hereinafter called CONTRACTOR, and ______________________________________________________ (Name of Surety) (Address of Surety) hereinafter called SURETY, are held and firmly bound unto the City of Germantown, Tennessee, 1930 South Germantown Road, Germantown, Tennessee, hereinafter called OWNER, in the penal sum of________________________________________________________________ Dollars ($___________________), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, and our successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, whereas, the CONTRACTOR has entered into a certain Contract and Agreement (“Contract”) with the OWNER, which is made a part hereof by reference, for the construction of: COG2023-09 Johnson Road Park Lacrosse Fields , ,and if the CONTRACTOR shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise, same is to remain in full force and PERFORMANCE BOND Page 1 of 3 K-2 effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby, stipulates and agrees that no change, extension of time, modification, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way release its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, modification, alteration, or addition to the terms of the Contract, to the work, or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied and which is entitled to be satisfied by the CONTRACTOR and SURETY. PROVIDED, FURTHER, that the CONTRACTOR and SURETY agree that any claim under this BOND may only be litigated in a court of competent jurisdiction in Shelby County, Tennessee. PERFORMANCE BOND Page 1 of 3 K-3 IN WITNESS WHEREOF, this instrument is duly executed this the day of , 2023. (CONTRACTOR) By: ________________________________ Title: _______________________________ Address: ____________________________ ____________________________________ ____________________________________ (SURETY) By: ________________________________ (Attorney-in-Fact) Title: _______________________________ Address: ____________________________ ____________________________________ ____________________________________ L INSURANCE REQUIREMENT Page 1 of 1 GERMANTOWN INSURANCE REQUIREMENT CITY PROJECT CONTRACT The CONTRACTOR shall purchase and maintain the insurance outlined below to provide protection from the CONTRACTOR’S negligent acts. The CONTRACTOR shall provide this insurance as required by the Contract Documents. The negligence by any subcontractor, by anyone directly or indirectly employed by any of them, shall be considered a negligent act of the CONTRACTOR. • Comprehensive General Liability in the amount of $1,000,000 per occurrence and must include Products/Completed Operations, Explosion/Collapse/Underground Coverage and Contractual Liability. The City of Germantown must be named Additional Insured using a CG 2010 (11/85) endorsement (or equivalent) and this must be noted on the Certificate of Insurance. The Insurance Company agrees to Waive their Right of Subrogation against The City of Germantown and this must be noted on the Certificate of Insurance. • Auto Liability Insurance in the amount of $1,000,000 Combined Single Limit. The City of Germantown must be named Additional Insured and the Insurance Company agrees to Waive their Right of Subrogation against The City of Germantown and this must be noted on the Certificate of Insurance. • Statutory Workers Compensation with Employers Liability Limits of 100/500/100 - The Insurance Company agrees to Waive their Right of Subrogation against The City of Germantown and this must be noted on the Certificate of Insurance. • Umbrella Liability in the amount of $2,000,000 per occurrence – the terms and conditions of the Umbrella must be following form to the primary insurance. • The Cancellation Clause on the Certificate of Insurance is amended to read: Should any of the described policies on the attached Certificate of Insurance be cancelled, non-renewed or reduced in coverage – the issuing Insurance Company will mail 30 days written notice to: The City of Germantown, Procurement Department, P.O. Box 38809 Germantown, TN 38138-0809, by registered mail, return receipt requested. • The CONTRACTOR shall maintain a Builder’s Risk/Installation Floater equal to the contract amount naming The City of Germantown as Loss Payee until final acceptance of the work. The policy must provide “all risk” including the peril of earthquake/earth movement. • All Certificates should be issued with an Insurance Company (or Companies) maintaining an AM Best Rating of A- or better and a Financial Size of IX or greater. All Insurance Companies shall be authorized to conduct business in The State of Tennessee. The CONTRACTOR shall maintain the above insurance – with the exception of Builders Risk/Installation – through both final acceptance and any Warranty Period defined by the contract documents. AFFIDAVIT OF CONTRACTOR Page 1 of 2 M-1 AFFIDAVIT OF CONTRACTOR STATE OF ) ) SS: COUNTY OF ) , being duly sworn according (Name of Affiant) to law, deposes and says that he is the_______________________________________________ (Title) of , the CONTRACTOR, (Name of Contractor) in a Contract and Agreement entered into between the Contractor and the City of Germantown , the Owner, for the construction of (the “Project”), and that he is authorized to and does make this affidavit on behalf of said CONTRACTOR in order to induce the OWNER to make payment to the CONTRACTOR, in accordance with the provisions of the said Contract and Agreement. Affiant further says that all persons who have furnished materials and/or labor in connection with the construction of the Project have been paid in full; that the names of all materialmen and subcontractors that furnished any material and/or services in connection with such construction and the kind or kinds of material and/or services so furnished are as listed hereinafter; and that the CONTRACTOR has delivered to the OWNER waivers and releases of liens executed by all such materialmen and subcontractors. (Signature of Affiant) Sworn to and subscribed before me this day of , 2023. Notary Public My Commission Expires: AFFIDAVIT OF CONTRACTOR Page 1 of 2 M-2 NAME KIND OF MATERIAL AND/OR SERVICE WAIVER AND RELEASE OF LIEN Page 1 of 1 N WAIVER AND RELEASE OF LIEN WHEREAS, the undersigned, , (Name of manufacturer, material man, or subcontractor) has furnished to labor and/or material for (Name of Contractor) use in the construction of (the “Project”) belonging to the City of Germantown , NOW THEREFORE, the undersigned, , for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby waive and release any and all liens, or right to claim a lien, on the above described Project and premises or right to claim under any bond furnished by the CONTRACTOR relative to the Project and/or under any law, common or statutory, on account of labor or materials, or both, heretofore or hereafter furnished by the undersigned to or for the account of said for said Project. (Name of Contractor) Given under my (our) hand(s) and seal this day of , 2023. Manufacturer, Material man or Subcontractor Name: By: ______________________________________ STATE ___________________________ COUNTY _________________________ I, , a Notary Public, in and for said State and County, hereby certify that who is __________________________________________ (Name of Individual) (Title of ___________________________________________________ (Title or Office) (Name of material man or subcontractor or furnisher) and whose name is signed to the foregoing, and who is known to me, acknowledged before me on this day that he, with full authority, executed the foregoing instrument voluntarily for and as the act of said . (Name of material man or subcontractor or furnisher) Given under my hand and seal this day of , 2023. Notary Public My Commission Expires: CERTIFICATE OF PAYMENT Page 1 of 2 O-1 CERTIFICATE OF PAYMENT Page 2 of 2 O-2 P NOTICE OF AWARD Page 1 of 1 1930 South Germantown Road Germantown, Tennessee 38138-2815 Phone (901) 757-7200 Fax (901) 757-7292 www.germantown-tn.gov NOTICE OF AWARD Date: TO: CONTRACT: Dear : This is to inform you that by action of the Board of Mayor and Aldermen during their meeting on __________________, 2023, your firm was awarded the contract for ________________________ __________________________________________________________in the amount of______________. Enclosed you will find one (1) copy of the Contract and Agreement with Purchase Order. The Performance and Payment Bonds forms are included for you to execute as set forth on Pages “H-1 and H-2” of INFORMATION FOR SUCCESSFUL BIDDER, of the SPECIFICATION BOOKLET. Further, you should have your insurance agent execute the insurance certificate exactly as it is found in the Germantown Insurance Requirements. Also, enclosed are the Code of Ethical Conduct and Germantown Forward 2030 Strategic Plan for the City for your review. The Organizational Profile for Corporate Sustainability Form is also included and should be returned with above documents. Additionally, as set forth on Page “SC-2” of SPECIAL CONDITIONS, of the SPECIFICATION BOOKLET, you are required to present at the Pre-Construction Conference: 1. A general sequence of operations (schedule of work), including major work items along with anticipated completion dates and present 2. A list of all sub-contractors to be used in the execution of the work under this project at the Pre-Construction Conference. 3. ADDITIONAL INFORMATION AS REQUESTED BY PROJECT MANAGER Failure to present these documents as required at the Pre-Construction Meeting will result in the Notice to Proceed being withheld until all required information has been received. You have fifteen (15) days to return the above required documents, properly executed, to the City of Germantown. Congratulations on being the successful bidder for this project. Sincerely, Cathryn Perdue Director Procurement & Risk Enclosure Q NOTICE TO PROCEED Page 1 of 1 1930 South Germantown Road Germantown, Tennessee 38138-2815 Phone (901) 757-7200 Fax (901) 757-7292 www.germantown-tn.gov NOTICE TO PROCEED To: Date: (Contractor) Project: Relative to the above referenced project, this is your official Notice to Proceed within ( ) consecutive calendar days of the date hereof and to complete the work within the time specified in the Contract and Agreement entered into by you and the City. CITY OF GERMANTOWN By: Title: ACCEPTANCE OF NOTICE TO PROCEED Receipt of the above NOTICE TO PROCEED is hereby acknowledged by (Typed or Printed Name of Contractor) this the day of 2023. By: Title: Substantial Completion Date: ________________________________________ NOTE: The Contractor must promptly sign and return to the City of Germantown a copy of this Notice to Proceed. R NOTICE OF PROJECT ACCEPTANCE Page 1 of 1 NOTICE OF PROJECT ACCEPTANCE City of Germantown Procurement Department 1930 South Germantown Road Germantown, Tennessee 38138 Date: _______________________________ Contract Number: ____________________ Project Name: _______________________ Contractor: __________________________ This is to advise you that all items set forth on the Punch List for the project referenced above have been completed to our satisfaction, and the project is accepted by the City of Germantown on _________________. CITY OF GERMANTOWN By: _______________________ Name: ____________________ Title: ______________________ S CHANGE ORDER FORM Page 1 of 1